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An Act relative to lobstering closure mitigation
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S552
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SD2035
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T11:44:09.817'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T11:44:09.8166667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-01T12:33:48.8433333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-07T17:02:16.0066667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-27T15:01:04.35'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-27T15:01:04.35'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-01T10:15:12.9666667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T10:24:57.3366667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-10T10:48:25.93'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-04-13T09:57:04.6366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S552/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 552) of Patrick M. O'Connor, Jennifer Balinsky Armini, Julian Cyr, Bruce E. Tarr and other members of the General Court for legislation relative to lobstering closure mitigation. Environment and Natural Resources.
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SECTION 1. Chapter 130 of the general laws is hereby amended by adding the following section:-
Section 37B. Lobstering Closure Mitigation Fund
(a) There shall be established and set up on the books of the Commonwealth, subject to appropriation, a fund to be known as the Lobstering Closure Mitigation Fund to be administered by the department of unemployment assistance.
(b) The purpose of the Fund shall be to provide financial assistance to lobstermen to mitigate the financial impacts of fishing area closures due to protection of endangered marine species. For the purposes of this act, the term “lobsterman” shall mean a holder of a commercial fisherman permit (lobster) as so appearing in section 38 of this chapter that is deemed to be active and transferable by the director, and the term “trap” shall mean a lobster trap or pot used to catch lobsters that is owned by and licensed under and a lobsterman. Any lobsterman who is domiciled in Massachusetts shall be eligible for weekly payments equal to one dollar per trap per week. Eligibility for said payments shall be available through February 1 and shall terminate on July 30 annually.
(c) There shall be credited to the Fund all amounts that are, by law, transferred or authorized to be transferred thereto or directed to be deposited therein, and all amounts received as gifts, grants, or contributions for the purposes of 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.
(d) The director of the department 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 their purposes, and fund balances.
(e) The department shall promulgate regulations as necessary to implement the provisions of this section, including, but not limited to, regulations pertaining to payment application and disbursement procedures.
SECTION 2. This act shall take effect immediately upon its passage.
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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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[]
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An Act to promote economic opportunities for cottage food entrepreneurs
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S553
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SD843
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T22:53:00.587'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T22:53:00.5866667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-02T09:22:47.4466667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-06T08:49:55.6'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T13:26:23.9333333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T10:23:06.0466667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-27T09:51:05.05'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T00:39:18.5833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-13T09:54:31.5133333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-09T15:16:24.7933333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-06-14T17:52:43.74'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-09-06T15:13:13.0233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S553/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 553) of Jacob R. Oliveira, Lydia Edwards, Brian W. Murray, Patrick M. O'Connor and other members of the General Court for legislation to promote economic opportunities for cottage food entrepreneurs. Environment and Natural Resources.
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SECTION 1. Section 146 of chapter 94 of the General Laws, as appearing in the 2020 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 labeling 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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[]
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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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[]
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An Act to require producer responsibility for collection, reuse and recycling of discarded electronic products
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S554
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SD1031
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T22:57:37.233'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T22:57:37.2333333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T12:12:16.05'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T10:09:27.5033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-13T16:13:18.5366667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-16T10:37:00.4366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S554/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 554) of Jacob R. Oliveira, Steven Owens, James K. Hawkins, Joanne M. Comerford and others for legislation to require producer responsibility for the collection, reuse and recycling of discarded electronic products. 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.
RECYCLING OF DISCARDED ELECTRONIC PRODUCTS.
Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Additionally covered electronic product", any of the following electronic products taken out of service from a person in this State regardless of purchase location: printers; stand-alone facsimile machine; video game console, video cassette recorder/player, digital video disk player, or similar video device; zip drive, external hard drive, or similar storage device; or scanner. To the extent allowed under federal and state laws and regulations, an additionally covered eligible electronic product that is being collected, recycled, or processed for reuse is not considered to be hazardous waste, household waste, solid waste, or special waste. The term does not include a covered television product or a covered computer product.
“Collection”, the aggregation of covered electronic products from households, municipalities, the Commonwealth and any other political subdivision, and schools, including the accumulation of covered electronic products at handling facilities, transfer stations, and solid waste facilities, including all the activities up to the time the covered electronic products are collected by a processor.
“Collector”, a person accepting covered electronic products from households, municipalities, the Commonwealth and any other political subdivision, small businesses and schools.
“Collector reimbursement”, the minimum per pound rate, as established by the department, paid by a producer to a collector for all covered electronic products collected.
“Computer”, an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, including a laptop or a combined computer central processing unit and monitor; provided, however, that an automated typewriter or typesetter, a portable handheld calculator, a portable digital assistant, or other similar device shall not be considered a computer.
“Covered computer product”, a desktop or notebook computer, netbook, or computer monitor, and printers, marketed and intended for use by a person, but does not include a covered television device.
“Covered Entity”, any Massachusetts household, business that employs 10 or fewer individuals, nonprofit organization that employs 10 or fewer individuals, school, or any person giving seven of fewer covered electronic devices to a collector at any one time.
"Covered electronic device" or “CED”, any computer, computer monitor, television, printer, electronic keyboard, facsimile machine, videocassette recorder, portable digital music player that has memory capability and is battery powered, digital video disc player, video game console, electronic mouse, scanner, digital converter box, cable receiver, satellite receiver, digital video disc recorder, keyboard, computer mouse, device sold for external use with a CED, or small-scale server sold at retail and taken out of service from a residence in this State. CEDs do not include any of the following:
(i) A covered electronic product that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle.
(ii) A covered electronic product that is functionally or physically a part of, or connected to, or integrated within equipment or a system designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, including but not limited to diagnostic, monitoring, control or medical products (as defined under the Federal Food, Drug, and Cosmetic Act), or equipment used for security, sensing, monitoring, anti-terrorism, emergency services purposes or equipment designed and intended primarily for use by professional users.
(iii) A covered electronic product that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier, or exercise equipment.
(iv) Telephones of any type, including mobile phones.
(v) A personal digital assistant (PDA).
(vi) Global positioning systems (GPS).
“Covered Television Product”, any electronic product that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite, including, without limitation, any direct view or projection television with a viewable screen of 9 inches or larger whose display technology is based on cathode ray tube (CRT), plasma, liquid crystal (LCD), digital light processing (DLP), liquid crystal on silicon (LCOS), silicon crystal reflective display (SXRD), light emitting diode (LED), or similar technology marketed and intended for use by a person primarily for personal purposes. The term does not include a covered computer product or an additionally covered electronic product.
“Department”, the department of environmental protection.
“Desktop computer”, an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, and storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, which is not designed to exclusively perform a specific type of limited or specialized application. Human interface with a desktop computer is achieved through a standalone keyboard, stand-alone monitor or other display unit, and a stand-alone mouse or other pointing device, and is designed for a single user. A desktop computer has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor.
“Market share”, a television producer’s national sales of televisions expressed as a percentage of the total of all television producers’ national sales based on the best available public data.
“Monitor”, a video display device without a tuner that can display pictures and sound and is used with a computer.
“Netbook”, an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, which is not designed to exclusively perform a specific type of limited or specialized application. Human interface with a netbook is achieved through a keyboard, video display greater than 4" in size, and mouse or other pointing device, all of which are contained within the construction of the unit which comprises the netbook, and can be carried as one unit by an individual. Netbook can use external, internal, or batteries for a power source. Netbook does not include a portable handheld calculator, or a portable digital assistant or similar specialized device.
“Notebook computer”, an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, which is not designed to exclusively perform a specific type of limited or specialized application. Human interface with a notebook computer is achieved through a keyboard, video display greater than 4" in size, and mouse or other pointing device, all of which are contained within the construction of the unit which comprises the notebook computer, and can be carried as one unit by an individual. Supplemental standalone interface devices typically can also be attached to the notebook computer. Notebook computers can use external, internal, or batteries for a power source. Notebook computer does not include a portable handheld calculator, or a portable digital assistant or similar specialized device. A notebook computer is sometimes referred to as a laptop computer.
“Orphan waste”, a covered electronic product, the producer of which cannot be identified or is no longer in business and has no successor in interest.
“Person”, a natural person, corporation, association, partnership, government body or other legal entity.
“Printer”, desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service from a person that are designed to reside on a work surface, and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that perform different tasks, including without limitation copying, scanning, faxing, and printing. Printers do not include floor-standing printers, printers with optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or non-stand-alone printers that are embedded into products that are not CEDs.
“Processor”, a person registered with the department to receive electronic products from collectors for the purpose of sorting, weighing and reusing or recycling or shipping offsite for reuse or recycling in accordance with minimum performance requirements established by the department.
“Processor reimbursement”, the minimum per pound rate, as established by the department, paid by a producer to a processor for the producer’s covered electronic products and the producer’s share of orphan waste as determined by the department.
“Producer”, any person who: (a) has a physical presence and legal assets in the United States of America and (1) manufactures or manufactured a covered electronic product under its own brand or label; (2) sells or sold under its own brand or label a covered electronic product produced by other suppliers; or (3) owns a brand that it licenses or licensed to another person for use on a covered electronic product; or (b) imports or imported a covered electronic product into the United States that was manufactured by a person without a presence in the United States of America; (c) sells at retail a covered electronic product acquired from an importer that is the manufacturer as described in subsection (b) and elects to register in lieu of the importer; or (d) assumes the responsibilities and obligations of a producer under this Act.
“Producer Responsibility Organization”, a nonprofit organization designated by a manufacturer or group of manufacturers to act as an agent of the manufacturer or group of manufacturers for the purpose of developing and implementing an electronics producer responsibility program on behalf of the manufacturer or group of manufacturers.
“Program year”, a full calendar year beginning on or after January 1, 2025.
“Recycling”, to recover materials or by-products which are: (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; provided, however, that recycle shall not mean to recover energy from the combustion of a material.
“Retailer”, shall include, but shall not be limited to, a person or a producer that sells new covered electronic products directly to a person through any means including, without limitation, transactions conducted through sales outlets and catalogs, but not including wholesale transactions with a distributor or other retailer.
“Return share”, a percentage of covered electronic products other than televisions collected through processors as calculated by dividing the total weight of covered electronic products other than televisions of that producer’s brands by the total weight of covered electronic products other than televisions for all producers’ non-orphaned brands.
“Reuse”, any operation by which an electronic product or component of an electronic product changes ownership but retains its form and function and is used for the same purpose for which it was originally purchased.
“Sale” or “sell”, any transfer for valuable consideration of title including, but not limited to, transactions conducted through sales outlets, or through catalogs, and excluding commercial financing or leasing.
“Television”, any telecommunication system device that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.
Section 2. No person shall engage in business as a producer unless he is registered with the department pursuant to section 3.
Section 3. (a) Every producer seeking to engage in business in the commonwealth shall file an application, accompanied by the producer registration fee, with the department requesting registration as a producer. Said application shall be made on a form to be furnished by the department, and shall include, without limitation, the following information: (1) the name and contact information of the applicant; (2) the applicant's brand names of covered electronic products, including all brand names sold in the commonwealth in the past, all brand names currently being sold in the commonwealth, and all brand names for which the applicant is legally responsible; (3) the method or methods of sale used in the commonwealth; (4) a baseline or a set of baselines that describe any efforts to design covered electronic products for reuse or recycling and goals and plans for further increasing design for reuse and recycling; and (5) a description of any collection, consolidation or processing services utilized to recover, reuse, or recycle the applicant's products. The department shall, within 60 days, review the application for registration. If said application satisfies the requirements of this section, the department shall register said applicant as a producer and shall forthwith mail to him a certificate to that effect. If said application fails to satisfy the requirements of this section the producer shall, within 30 days, file with the department a revised application addressing the requirements noted by the department.
(b) The department may keep information submitted pursuant to this section confidential as provided by section 10 of chapter 66 of the General Laws. The department will publish on its website the following information: (1) the name and contact information of the producer submitting the application and (2) the producer's brand names of covered electronic products.
Section 4. (a) Registered producers shall register with the department for a specified registration period. Such applications shall be submitted to the department by the date specified by the department together with a renewal fee as shall be established by the department. After verification of the facts stated on the application, the department shall issue a registration. Any holder of a registration who fails to file a renewal application within 60 days after notification by the department that his registration has expired shall, prior to engaging in business as a producer within the commonwealth, be required to register anew and pay a late fee in addition to said renewal fee.
(b) The department shall use twelve months as a specified registration period for the first three registration periods. After three registration periods, the department may allow producers to register for a period not to exceed thirty-six months.
Section 5. (a) Producers of electronic products shall reimburse collectors for their share of product received at the processor.
(b) A producer who has sold or who sells covered electronic products other than televisions in the commonwealth shall bear the financial responsibility for the collection, transportation, and reuse or recycling of said covered electronic products received by processors, including their return share of orphan waste as determined by the department.
(c) A producer of televisions shall have the financial responsibility for the collection, transportation and reuse or recycling of televisions discarded in the commonwealth, based on the television manufacturer’s market share.
(d) A producer may also collect its covered electronic products for reuse or recycling by establishing a collection program, either individually or in cooperation with other producers, to collect these discarded products as established in this chapter. A producer establishing an independent collection program for reuse or recycling either individually or in cooperation with other producers shall recover 1 or more electronic products. A producer establishing an independent recycling program either individually or in cooperation with other producers shall meet either of the following criteria to be able to continue the program. In order for an independent recycling program to maintain good standing with the department, the program must either of the following:
(i) A program must provide collection services for covered electronic products of all product types and produced by any manufacturer that are reasonably convenient and available to all citizens of the state residing within its geographic boundaries, including both rural and urban areas. Each program must provide collection service in every county of the state. A program may provide collection services jointly with another plan or plans.
(a) For any city or town with a population of greater than ten thousand, each program shall provide a minimum of one collection site or alternate collection service described in subsection (3) of this section or a combination of sites and alternate service that together provide at least one collection opportunity for all product types. A collection site for a county may be the same as a collection site for a city or town in the county.
(b) Collection sites may include electronics recyclers and repair shops, recyclers of other commodities, reuse organizations, charities, retailers, government recycling sites, or other suitable locations.
(c) Collection sites must be staffed, open to the public at a frequency adequate to meet the needs of the area being served, and on an ongoing basis.
(2) A program may limit the number of covered electronic products or covered electronic products by product type accepted per customer per day or per delivery at a collection site or service. All covered entities may use a collection site as long as the covered entities adhere to any restrictions established in the plans.
(3) A program may provide collection services in forms different than collection sites, such as curbside services, if those alternate services provide equal or better convenience to citizens and equal or increased recovery of unwanted covered electronic products.
(4) For rural areas without commercial centers or areas with widely dispersed population, a program may provide collection at the nearest commercial centers or solid waste sites, collection events, mail-back systems, or a combination of these options.
(5) For small businesses, small governments, charities, and school districts that may have large quantities of covered electronic products that cannot be handled at collection sites or curbside services, a program may provide alternate services. At a minimum, a program must provide for processing of these large quantities of covered electronic products at no charge to the small businesses, small governments, charities, and school districts.
The department shall provide a report no later than December 31, 2021, to the Joint Committee on Environment, Natural Resources, and Agriculture and the House and Senate Committees on Ways and Means on independent collection programs. This report shall include, but not be limited to, the effectiveness of the independent collection program requirements, independent collection program compliance, and collection rates of independent programs.
A producer establishing an independent recycling program either individually or in cooperation with other producers will register as a collector pursuant to section 7 of this chapter or a processor pursuant to section 10 of this chapter; however, an additional registration fee will not be required.
A producer establishing an independent recycling program either individually or incorporation with other producers shall provide the following information to the department:
(a) Contact information for the responsible party and a comprehensive list of all manufacturers participating in the plan and their contact information;
(b) A description of the collection, transportation, and recycling systems and service providers used, including a description of how the PRO or responsible party will:
(i) Seek to use businesses within the state, including retailers, charities, processors, and collection and transportation services;
(ii) Fairly compensate collectors for providing collection services; and
(iii) Fairly compensate processors for providing processing services;
(c) The method or methods for the reasonably convenient collection of all product types of covered electronic products in rural and urban areas throughout the state, including how the plan will provide for collection services in each county of the state and for a minimum of one collection site or alternate collection service for each city or town with a population greater than ten thousand. A collection site for a county may be the same as a collection site for a city or town in the county;
(d) A description of how the plan will provide service to small businesses, small governments, charities, and school districts in the state;
(e) The processes and methods used to recycle covered electronic products including a description of the processing that will be used and the facility location;
(f) Documentation of audits of each processor used in the plan and compliance with processing standards established under [appropriate state law];
(g) A description of the accounting and reporting systems that will be employed to track progress toward the plan's equivalent share;
(h) A timeline describing start-up, implementation, and progress towards milestones with anticipated results;
(i) A public information campaign to inform consumers about how to recycle their covered electronic products at the end of the product's life; and
(j) A description of how manufacturers participating in the plan will communicate and work with processors utilized by that plan to promote and encourage design of electronic products and their components for recycling. The plan shall address how it will incorporate and fairly compensate registered collectors providing curbside or premium services such that they are not compensated at a lower rate for collection costs than the compensation offered other collectors providing drop-off collection sites in that geographic area.
All transporters, collectors, and processors used to fulfill the requirements of this section must be registered as described in this law.
A producer establishing an independent collection program shall submit an annual report to the department that includes at a minimum the following information for the previous program year as well as any additional information required by the department:
(1) distinguishing the total weight of each type of covered electronic product collected for recycling;
(2) detailing the total number of items by each type of covered electronic product collected for reuse or refurbishment;
(3) a description of the plan’s education, outreach, or other marketing efforts to promote collection of covered electronic products;
(4) a description of management practices to transport and recycle discarded covered electronic products; and
(5) any additional information deemed necessary by the department.
The department shall review each report within ninety days of its submission and shall notify the PRO or responsible party of any need for additional information or documentation, or any deficiency in its program. All reports submitted to the department must be available to the general public through the internet. Proprietary information submitted to the department under this chapter is exempt from public disclosure
A producer establishing an independent collection program for reuse or recycling either individually or in cooperation with other producers shall weigh the covered electronic products collected and shall annually submit a statement certifying to the department the total weight of electronic products received and the weight of orphan waste received in the preceding program year.
The department, in determining the producer’s return share, shall take into account electronic products voluntarily collected by the producer.
A producer establishing an independent collection program for reuse or recycling either individually or in cooperation with other producers shall not charge a fee for collecting, transporting or recycling electronic products.
Section 6. No person shall engage in business as a collector unless he is registered with the department pursuant to section 7.
Section 7. (a) Every collector seeking to engage in business in the commonwealth shall
file an application, accompanied by the collector registration fee, with the department requesting registration as a collector. Said application shall be made on a form to be furnished by the department, and shall include, without limitation, the following information: (1) the name; (2) the address; (3) the telephone number; and (4) the location of the business. The department shall, within 60 days, review the application for registration. If said application satisfies the requirements of this section, the department shall register said applicant as a collector and shall forthwith mail to him a certificate to that effect. If said application fails to satisfy the requirements of this section the collector shall, within 30 days, file with the department a revised application addressing the requirements noted by the department.
(b) If a municipality applies to be a collector under this statute, the statute will apply to them except no registration or renewal fee will be required. Likewise no registration or renewal fee will be required from collectors who send units primarily to reuse rather than recycling.
(c) A collector shall: (1) contract with a registered processor or processors to receive the covered electronic products collected by the collector; (2) make information available to the public that describes where and how to return covered electronic products for reuse or recycling, and dispose of covered electronic products; (3) accept all covered electronic products and ensure that said products are transported by or delivered to a registered processor; and (4) demonstrate compliance with the department rules and regulations and the United States Environmental Protection Agency’s Responsible Recycling Guidelines for Materials Management as issued and available on the United States Environmental Protection Agency’s Internet website in addition to any other requirements mandated by federal or state law. A collector may limit the number of covered electronic products delivered at a given time by any customer to no more than 5.
(d) A collector shall not: (1) charge a fee to persons for the collection or recycling of covered electronic products; or (2) knowingly accept covered electronic products imported into the commonwealth for the purpose of recycling or discard.
(e) Only an entity registered as a collector with the department may act as a collector in a plan. All covered electronic products received by a registered collector must be submitted to a plan. Fully functioning computers that are received by a registered collector in working order may be sold or donated as whole products by the collector for reuse. Computers that require repair to make them a fully functioning unit may only be repaired on-site at the collector’s place of business by the registered collector for reuse according to its original purpose.
(f) Registered collectors may use whole parts amassed from collected computers or new parts for making repairs as long as there is a part-for-part exchange with nonfunctioning computers submitted to a plan.
(g) Registered collectors may not include computers that are dispersed for reuse in the weight totals for compensation by the plan.
(h) Registered collectors must maintain a record of computers sold or donated by the collector for a period of three years.
(i) Registered collectors must display a notice at the point of collection that computers received by the collector may be repaired and sold or donated as a fully functioning computer rather than submitted to a processor for recycling
(j) The department may conduct site visits of all registered collectors that reuse or refurbish computers and who have an agreement with the department, collector, or producer to provide collection services. The department may, for cause, review records and conduct investigations regarding a violation of this section, including but not limited to Section 14 (d) or (e).
Section 8. Collectors shall register with the department every 3 years. Such applications shall be submitted to the department by the date specified by the department together with a renewal fee as shall be established by the department. After verification of the facts stated on the application, the department shall issue a registration, which shall expire in 3 years. Any holder of a registration who fails to file a renewal application within 60 days after notification by the department that his registration has expired shall, prior to engaging in business as a collector within the commonwealth, be required to register anew and pay a late fee in addition to said renewal fee.
Section 9. No person shall engage in business as a processor unless he is registered with the department pursuant to section 10.
Section 10. (a) Every processor seeking to engage in business in the commonwealth shall file an application, accompanied by appropriate processor registration fee, with the department requesting registration as a processor. Said application shall be made on a form to be furnished by the department, and shall include, without limitation, the following information: (1) the name; (2) the address; (3) the telephone number; and (4) the location of the business of the processor’s business. The department shall, within 60 days, review the application for registration. If said application satisfies the requirements of this section, the department shall register said applicant as a processor and shall forthwith mail to him a certificate to that effect. If said application fails to satisfy the requirements of this section the processor shall, within 30 days, file with the department a revised application addressing the requirements noted by the department.
(b) A processor shall: (1) be responsible for sorting all covered electronic products received from a participating collector with whom the processor has a contract; (2) weigh the total amount of covered electronic products received from a participating collector and reimburse said collector; provided, however, that said collector reimbursement shall be due within 30 days of pick-up; (3) sort, by producer, and weigh all covered electronic products other than televisions received from collectors; (4) weigh all televisions received from collectors; (5) either repair, refurbish, remanufacture, or recycle on-site or ship covered electronic products offsite for reuse or recycling in accordance with the minimum performance requirements established by the department; (6) be certified to “e-Stewards Standard for Responsible Recycling and Reuse of Electronics,” the U.S. Environmental Protection Agency’s “Responsible Recycling” (R2) Standard, or other environmental performance and accountability certification standards as determined to be at least equivalent to e-Stewards or R2 by the department; (7) submit an invoice for producer reimbursement to each producers whose waste the processor has handled; and (8) annually submit a report to the department which shall include without limitation: (i) the total aggregate weight of covered electronic products processed pursuant to this chapter in the previous program year; (ii) the weight, differentiated by producer, of covered electronic products processed pursuant to this chapter in the previous program year; (iii) the total amount of orphan waste processed pursuant to this chapter in the previous program year; and (iv) any other information to help track, monitor and evaluate the management of covered electronic products, as determined by the department.
(c) A processor shall not charge a fee for accepting, sorting, weighing, processing for reuse or recycling a covered electronic product for which the processor receives compensation under the provisions of this section.
Section 11. Processors shall register with the department every 3 years. Such application shall be submitted to the department by the date specified by the department together with a renewal fee as shall be established by the department. After verification of the facts stated on the application, the department shall issue a registration, which shall expire in 3 years. Any holder of a registration who fails to file a renewal application within 60 days after notification by the department that his registration has expired shall, prior to engaging in business as a processor within the commonwealth, be required to register anew and pay a late fee in addition to said renewal fee.
Section 12. The fee for a collector registration, a processor registration and a producer registration, or for any annual renewal thereof, shall be determined every three years by the department, but in no case shall any registration or renewal fee exceed $5000.
Section 13. (a) The department shall annually: (1) determine the return share for each program year for each producer of electronic products other than televisions by dividing the weight of covered electronic products identified for each producer by the total weight of covered electronic products identified for all producers; provided further, that said calculation shall be based on the reports generated by processors of covered electronic products in the commonwealth; provided further, that for the first program year, the return share of covered electronic products identified for each producer shall be based on the best available public return share data from the United States, including data from other states, for covered electronic products from persons; provided further, that for the second and subsequent program years, the return share of covered electronic products identified for each producer shall be based on the previous year’s reported data as described herein; and provided further, that the department shall use the return share for each producer to allocate financial responsibility for orphan waste; (2) determine, based on each producer’s return share, each producer’s share of responsibility for the orphan waste collected in the commonwealth; provided, however, that each producer’s return share of orphan waste shall be equivalent to its percentage of return share for non-orphan covered electronic products, multiplied by the total amount of orphan waste collected in the program year; and provided further, that the department, in determining the producer’s orphan waste share, may take into account electronic products, including orphan waste, voluntarily collected by the producer; (3) determine the market share allocation for each television producer by determining the total weight of televisions recycled in the previous year, multiplied by the market share for that producer; provided, however, that in the first program year, the market share identified for each television producer shall be based on the best available data regarding the total number of televisions sold in the commonwealth for the previous calendar year; (4) maintain a list of producers registered pursuant to this chapter; and (5) conduct periodic audits of processors and collectors at a frequency determined by the department, to assure accuracy of reporting and billing.
(b) The department shall adopt and may from time to time amend rules and regulations, and the commissioner may issue orders, to enforce the provisions of this chapter. Said regulations shall include, but not be limited to, establishing, as a maximum number not higher than twelve, the number of times a year payment from producers to collectors and processors be made, adjudicatory procedures for denied revised applications and minimum performance requirements for collection and processing of covered electronic products. Any person, including any political subdivision of the commonwealth who violates this chapter, or any order issued pursuant thereto, or any rule or regulation promulgated hereunder shall be subject to a fine of not more than twenty-five thousand dollars for each such violation. Each day each such violation occurs or continues shall be deemed a separate offense. These penalties shall be in addition to any other penalties that may be prescribed by law.
(c) Beginning one year after this act takes effect and annually thereafter, the department shall submit a report to the House Committee on Ways and Means, the Senate Committee on Ways and Means, and the Joint Committee on Environment, Natural Resources and Agriculture that includes information regarding the previous program year. The information shall include, but is not limited to, (1) the total administrative cost to the state government, (2) the total administrative cost to local governments, (3) a description of the incentive for manufacturer collection, and (4) a description of the education, outreach, or other marketing efforts conducted by the state or local governments to promote collection of covered electronic products.
Section 14. (a) No person shall sell covered electronic products from producers not registered pursuant to this chapter. A retailer shall not be in violation of this subsection if, at the time of purchase from producer, the producer was not in violation of this Chapter. This subsection shall not apply to used electronic products that are reused.
(b) No person shall offer for sale an electronic product unless a visible, permanent label clearly identifying the producer of that product is affixed to said electronic product.
(c) All retailers shall provide information describing where and how to recycle an electronic product provided by the producer pursuant to this act.
(d) No person shall knowingly dispose of any electronic product except as provided in this chapter.
(e) No person shall import a covered electronic product into the commonwealth with the intent of recycling or discarding said product; provided further, that any covered electronic product so imported shall not be eligible for reimbursement under the provisions of this chapter.
Section 15. The department shall be charged with the enforcement of sections 1 to 14, inclusive. If any person refuses to obey a decision of the department the attorney general shall, upon request of the department, file a petition for the enforcement of such decision in the superior court for Suffolk County or for the county in which the defendant resides or has a place of business. After the hearing, the court shall order the enforcement of such decision or any part thereof, if legally and properly made by the department.
Section 16. The department may participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.
Section 17. (a) There shall be in the Department an advisory commission, chaired by the Commissioner of the Department or his designee, for electronic waste. The commission shall include the Senate chair of the Joint Committee on Environment, Natural Resources, and Agriculture or his designee, the House chair of the Joint Committee on Environment, Natural Resources, and Agriculture or his designee. The advisory commission shall also include the following individuals to be appointed by the Secretary of Energy and Environmental Affairs: one individual representing covered television product manufacturers, one individual representing processors of covered electronic products, one individual representing a trade association of covered computer product manufacturers or covered television product manufacturers, one individual representing covered computer manufacturers, one individual representing retailers of covered electronic products, one representative of the Massachusetts Municipal Association, one representative of the Massachusetts Product Stewardship Council, and one individual representing a statewide conservation organization.
(b) Appointments to the advisory commission shall be made not later than 30 days after the effective date of this statute. If a vacancy occurs on the commission, the vacancy shall be filled within 30 days.
(c) Said advisory commission shall have the following duties: (1) It shall advise the Department on policy and program development under this section, specifically regarding performance standards; (2) It shall review the registration and renewal fees for producers, collectors and processors, and shall make recommendations to the commissioner relative thereto; and (3) It shall make recommendations to the Joint Committee on Environment, Natural Resources, and Agriculture on recommendations of amending the definition of electronic product under this statute to cover other electronic products, including but not limited to medical equipment.
(d) The advisory commission shall meet at least four times a year and shall convene special meetings at the call of the Commissioner. A written record of all meetings of the committee shall be maintained by the Department. Members of the commission shall serve without compensation. The members of the commission representing the Department or the General Court shall serve without additional compensation.
SECTION 2. Notwithstanding any general or special law to the contrary and unless otherwise specified herein, this act shall take effect on January 1, 2025.
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An Act relative to the Quabbin Watershed Advisory Committee
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S555
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SD1789
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T00:20:52.59'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T00:20:52.59'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-03-20T14:17:25.8333333'}]
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 555) of Jacob R. Oliveira for legislation relative to the Quabbin Watershed advisory committee. Environment and Natural Resources.
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Section 13 of chapter 92A½ of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 12, the word, “and”.
Said section 13 of said chapter 92A½ , as so appearing, is hereby further amended by inserting in line 13 after “the Friends of Quabbin, Inc.” the following words:- “and the Belchertown Snowmobile Association of Massachusetts snowmobile club.”
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An Act relative to the MassTrails program administered by the Department of Conservation and Recreation and any act relative to Massachusetts transportation resources
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S556
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SD1810
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T21:45:31.777'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T21:45:31.7766667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-19T23:57:21.1233333'}]
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 556) of Jacob R. Oliveira and Aaron L. Saunders for legislation relative to the MassTrails program administered by the Department of Conservation and Recreation and any act relative to Massachusetts transportation resources. Environment and Natural Resources.
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SECTION 1. Section 2810-0100 of the State Budget, referred to as H1, shall add after the following phrase; “provided further, that the department may issue grants to public and nonpublic entities from this item”, the following words shall be added subsequent to the previous phrase; “and, which shall include not less than $500,000 dollars for the enhancement of Snowmobile Trail design, construction and connections within the Commonwealth”.
SECTION 2. Funding provided by Bonding Bills (such as H5151 for fiscal year 2022) for such programs as MassTrails as administered by the Department of Conservation and Recreation, shall have after any and all occurrences of the phrase “ for pedestrians and cyclists” the following words shall be added “and Snowmobiles”.
SECTION 3. Any grant funding, such as MassTrails as administered by the Department of Conservation and Recreation, for trails in the Commonwealth shall provide that not less than 20% of said Commonwealth funds shall be available to the enhancement of Snowmobile Trail design, construction and connections within the Commonwealth.
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Resolve to create a commission to determine the feasibility of voluntary acquisition of flood risk properties and structures
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S557
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SD1154
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T22:41:14.51'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T22:41:14.51'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-10T11:24:19.69'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T11:24:19.69'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-10T11:24:19.69'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:55:24.6366667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-21T10:55:24.6366667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T18:12:05.22'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:37:16.12'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:37:16.12'}]
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Resolve
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By Mr. Pacheco, a petition (accompanied by resolve, Senate, No. 557) of Marc R. Pacheco, Michael O. Moore, Thomas M. Stanley, Julian Cyr and other members of the General Court that provisions be made for an investigation and study by a special commission (including members of the General Court) to determine the feasibility of voluntary acquisition of flood risk properties and structures. Environment and Natural Resources.
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Resolved, there shall be established a commission known as the voluntary acquisition of flood risk properties commission, which shall assess the advantages and disadvantages of voluntary acquisition of flood risk properties and structures across the commonwealth, examine the feasibility of such a program, and identify the components of such a program. The climate chief in the office of climate innovation and resilience, the secretary of energy and environmental affairs, and the director of the Massachusetts emergency management agency shall collectively implement and oversee the commission’s work.
The commission shall consist of the following members or their designee: the climate chief in the office of climate innovation and resilience, who shall serve as co-chair, the secretary of energy and environmental affairs, who shall serve as co-chair; the director of the Massachusetts emergency management agency, who shall serve as co-chair; the secretary of the executive office of housing and economic development; the director of the bureau of relocation; the commissioner of the department of environmental protection; the director of coastal zone management; the director of the division of ecological restoration; the director of the department of conservation and recreation flood management program; the minority leader of the senate; the minority leader of the house; and the house and senate chairs of the joint committee on environment, natural resources and agriculture.
The commission shall include ten (10) additional members appointed by the chair; 1 of whom shall be a representative of a statewide land conservation organization, 1 of whom shall be a representative of a river protection organization, 1 of whom shall be a representative of a statewide wildlife protection organization, 1 of whom shall be a representative of an environmental justice organization, 1 of whom shall be a representative of a housing justice organization, 1 of whom shall be a representative of an organization with expertise in homeowner property and casualty insurance licensed in the commonwealth, 1 of whom shall be a representative of an organization with expertise in mortgages, 1 of whom shall have academic expertise in climate data and flooding, 1 of whom shall be a representative of a regional planning agency in a flood risk area and 1 of whom shall be a professional engineer licensed in Massachusetts. The members of the commission shall be appointed not later than 30 days after the effective date of this act and shall serve until the completion of the report described in paragraph (g).
The chairs of the joint committee on public safety and homeland security, and the chairs of the joint committee on housing, or their designees, shall be observers to the commission and shall be invited to all meetings of the commission.
The commission shall seek and use the best available climate data and models, and sea level rise, tidal, coastal, riverine flooding data, and models, to present an understanding of the current and future flood risk to inland and coastal property in the Commonwealth.
The commission shall examine and make recommendations regarding the feasibility and establishment of a flood risk reduction program that focuses on the voluntary acquisition of flood risk properties and structures, that ensures that structures would be demolished, and the land would be permanently conserved and restored to serve as a natural buffer against future storms and floods, and accessible to the public when safe. Such an analysis would also describe the necessary components of such a program, including a process for, and the feasibility of, relocating homeowners and/or tenants.
In determining the feasibility of such a program, the commission shall consider the following: (i) creating program eligibility and whether it is restricted to residential property; (ii) identifying program funding, including but not limited to the calculation of fair market value, cost effectiveness, the availability of federal funding and flood insurance, and funding sources for education, outreach, acquisition, demolition, restoration, and relocation; (iii) determining priority acquisition areas (including clusters of flood-prone homes and neighborhoods); (iv) identifying factors that affect program outcomes with regard to the sale of property and the consensual and voluntary relocation of owners and tenants; (v) assessing disproportionate impacts of floods and relocation on low-income homeowners and tenants; (vi) determining the feasibility and affordability of voluntary and consensual relocation of homeowners and tenants; (vii) describing criteria to select participating neighborhoods and communities, including prioritization of low and moderate income property owners, environmental justice populations, and unintended consequences of targeting such communities; (viii) recommending eligible entities that could acquire and own conserved properties in flood risk areas; (ix) facilitating safety and public access in flood risk areas; (x) assessing the opportunity for significant environmental enhancement to public health, safety and welfare and fish and wildlife habitat; (xi) identifying nature-based solutions to protect, restore, and create sustainable resilient natural areas and outdoor recreation opportunities on acquired property; (xii) making recommendations on how to offset community disruption resulting from said program while prioritizing community preservation; and (xiii) assessing the potential benefits of such a program to impacted communities and the Commonwealth.
All meetings of the commission shall be open to the public. The commission shall hold at least one public listening session with a remote participation option. The commission shall convene its first meeting no later than September 1, 2023.
The commission shall file a report along with findings, recommendations, and accompanying drafts of legislation necessary to carry those recommendations into effect, if any, with the clerks of the house of representatives and the senate, the joint committee on environment, natural resources and agriculture, the joint committee on public safety and homeland security, and the joint committee on housing, not later than June 1, 2024.
Section 1 shall take effect on July 5, 2023.
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An Act to eliminate hydraulic fracturing in the Commonwealth
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S558
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SD1448
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T18:30:51.78'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T18:30:51.78'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:55:46.9066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T14:38:58.0666667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:12:32.7033333'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 558) of Marc R. Pacheco, James B. Eldridge and Rebecca L. Rausch for legislation to eliminate hydraulic fracturing in the Commonwealth. Environment and Natural Resources.
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SECTION 1. Section 26A of chapter 21 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “effluent”, in line 67, the following words:- , hydraulic fracturing fluid.
SECTION 2. Section 27 of said chapter 21, as so appearing, is hereby amended by adding the following clause:-
(14) Enforce restrictions on drilling, waste treatment and disposal and mining activities which have been enacted to protect the water quality and the natural resources of the commonwealth.
SECTION 3. Section 42 of said chapter 21, as so appearing, is hereby amended by inserting after the word “commonwealth”, in line 3, the following words:- ,or into an injection well or into a treatment works in the commonwealth.
SECTION 4. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Fluid”, any material or substance which flows or moves whether in semi-solid, liquid, sludge, gas or any other form or state.
“Gas”, all natural gas, whether hydrocarbon or nonhydrocarbon, including hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casinghead gas and all other fluid hydrocarbons not defined as oil.
“Hydraulic fracturing”, the process of pumping a fluid into or under the surface of the ground in order to create fractures in rock to produce or recover oil or gas.
“Oil”, crude petroleum, oil and all hydrocarbons, regardless of specific gravity, that are in the liquid phase in the reservoir and are produced at the wellhead in liquid form.
“Oil and gas”, oil and gas collectively, or either oil or gas, as the context may require to give effect to the purposes of this chapter.
(b) a person shall not engage in hydraulic fracturing in the Commonwealth.
(c) a person shall not collect, store, treat or dispose of wastewater hydraulic fracturing fluid, wastewater solids, drill cuttings or other byproducts from hydraulic fracturing in the Commonwealth.
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An Act establishing a Massachusetts Flood Risk Protection Program
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S559
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SD1728
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T22:27:42.943'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T22:27:42.9433333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-03-02T10:30:18.6933333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T14:39:42.1966667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T14:39:42.1966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-08-09T16:19:52.8466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S559/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 559) of Marc R. Pacheco and Nick Collins for legislation to establish a Massachusetts Flood Risk Protection Program. Environment and Natural Resources.
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Section 1. Flood Risk Protection Program
Notwithstanding any special or general law to the contrary, the secretaries of the executive office of energy and environmental affairs, executive office of housing and economic development, and executive office of public safety and security shall develop and administer a statewide flood risk protection program. The program shall acquire properties which are, or are projected to be, repetitively or substantially damaged by floods. Funds deposited in the flood risk protection trust fund shall cover the acquisition of property from willing owners; structure demolition; relocation of impacted property owners, tenants and lessees; coastal, floodplain and wetland restoration; and creation of open space for conservation and recreational purposes to be protected in perpetuity.
Section 2. Definitions
As used in this chapter the following words shall have the following meanings:
“Contiguous properties”, two or more adjoining parcels.
“Cluster properties”, two or more properties that, although non-contiguous, are within proximity.
“Eligible entity”, an entity with expertise in land conservation and restoration, including a state agency, nonprofit land trust, nonprofit conservation organization, local governmental body or community development corporation. For the purposes of this chapter, a local governmental body includes a town, city, county, district, commission, board and regional governmental unit.
"Environmental justice population", as defined in Section 62 of chapter 30 of the general laws.
“Flood risk”, property at risk of being inundated by water or mudflow and that currently suffers or is projected to suffer repetitive or substantial flood damage as determined by the best available climate, flooding, erosion, and sea level rise data and modeling.
“Nature-based solutions”, as defined in section 1 of chapter 21N of the general laws.
Section 3. Program Eligibility
The following shall be eligible under this program:
(a) Property that is a flood risk and used for residential, nonprofit, or small business purposes, as defined by section 1 of chapter 40W of the general laws, including the buildings and structures thereon.
(b) Projects that receive, or do not receive, funding from the federal emergency management agency.
Section 4. Program Requirements
The following shall be requirements under this chapter:
(a) This program is voluntary and so property shall only be acquired from a willing seller or sellers.
(b) Property shall be acquired at fair market value of land, buildings and structures. Damaged property shall be valued at pre-loss fair market value. The process for calculating fair market value and pre-loss fair market value shall be defined through regulation.
(c) No less than 75 percent of program funds shall be reserved for eligible property owners that are (i) low-income, defined as a household income 65 percent of the state median income or less, or (ii) located within an environmental justice population.
(d) Acquired properties shall be conserved in perpetuity and maintained as open space for conservation and recreation purposes by an eligible entity or entities. Public access shall be required unless access is prohibited under state or local law.
(e) New and permanent engineered structures and other improvements shall not be erected on any property acquired under this chapter unless such structures or improvements are critical to complete a nature-based solutions project, are open on all sides (restrooms excepted), can be easily moved, and are functionally related to open space use. These restrictions, along with the right to enforce the same, are deemed to be covenants running with the land in perpetuity and are binding on subsequent successors, grantees, or assigns.
(f) Any conveyance is subject to rights outstanding in third parties for existing easements.
Section 5. Statewide Flood Risk Assessment and Standards
The secretary of the executive office of energy and environmental affairs shall use the best available climate data and models, and sea level rise, tidal, coastal, riverine flooding data, and models, to assess the current and future flood risk to property statewide. To assess current and future flood risk, the secretary shall solicit input from the executive office of housing and economic development and the executive office of public safety and security; and shall consult with federal agency experts and scientific, technical and insurance experts.
Following the development of each statewide assessment, the secretary shall create and update standards used to evaluate properties that may be acquired from a willing seller or sellers under this chapter. The standards shall be used to set priorities based on the following factors:
(1) Properties that are a flood risk.
(2) Properties owned by low-income property owners and properties within an environmental justice population.
(3) Clustered properties or contiguous properties.
(4) Projects that will further protect the public health and safety of first responders, neighbors and local communities.
(5) Projects that protect, restore, and enhance wildlife habitat, fisheries, agricultural lands, drinking water supplies, ecosystem services, and that offer conservation and recreation opportunities for public use.
The statewide standards shall be noticed for public comment no later than 180 days after enactment.
A statewide flood risk assessment shall be updated every five years and include a statewide evaluation of the program’s impact on flood risk and benefits to the public. The secretary shall provide a detailed report on each updated assessment to the joint committee on environment, natural resources and agriculture every five years, and shall make every updated assessment available for public view.
Section 6. Roles and Responsibilities
(1) The secretaries of the executive office of energy and environmental affairs, executive office of housing and economic development, and executive office of public safety and security shall divide the following roles and responsibilities depending on agency expertise:
(a) Develop an outreach, education and awareness program for local governmental bodies and owners, tenants and lessees of properties that are a flood risk.
(b) Provide technical assistance to property owners interested in selling their property.
(c) Establish procedures to support property owners, tenants, and lessees in need of relocation assistance.
(d) Facilitate relationships between a property owner and eligible entities when possible.
(e) Develop a pre-approval acquisition program that includes partnerships with eligible entities to promote efficient and timely property transfers, minimize hardships on property owners, and discourage repetitive rehabilitation, repairing and rebuilding of flood risk properties.
(2) The executive office of energy and environmental affairs and its agencies may acquire and conserve flood risk property on behalf of the commonwealth, when in the commonwealth’s interest, and when there is no other eligible entity available to acquire an owner’s property.
Section 7. Flood Risk Protection Program Trust Fund
(1) The secretary of energy and environmental affairs shall create and administer the flood risk protection program trust fund into which shall be deposited: (a) any revenues or other financing sources directed to the fund by appropriation; (b) bond revenues authorized by the general court and designated to be credited to the fund; (c) any income derived from the investment credited to the fund; (d) 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 designated to be credited to the fund; and (e) all other amounts credited or transferred into the fund from any other source.
(2) Amounts credited to the fund may be used, without further appropriation, to provide grants to an eligible entity, as defined by this chapter, costs associated with implementation of the flood risk protection program including upfront costs or reimbursement for (a) the acquisition of property; (b) fees for necessary appraisals, title searches, title insurance, property inspections, and surveys, environmental assessments and other necessary site-specific due diligence; (c) the controlled demolition, removal and disposal of buildings and structures. Buildings and structures deemed historically significant will be documented and options for relocation or deconstruction shall be explored before they are demolished. Archaeological resources will be documented and saved under the supervision of a professional archaeologist, and if applicable, in consultation with a tribal representative; (d) relocation assistance for homeowners, tenants and lessees; and (e) site restoration and stabilization including nature-based solutions that enhance climate resiliency and restore and conserve fish and wildlife habitat.
(3) The secretary shall assess all funding secured from other public and private sources for a project before awarding a grant from the fund for that project, to ensure that the total amount paid from the fund does not exceed the total value of the project.
(4) The amounts expended from the fund during any fiscal year for the costs of employees shall not exceed 5 per cent of total funds expended from the fund in that fiscal year.
(5) Monies deposited into the flood risk protection program trust fund that are not expended at the end of each fiscal year shall not revert to the general fund and shall be available for expenditure in the subsequent fiscal year.
(6) Annually, and not later than December 1 of each year, the secretary of energy and environmental affairs shall report on 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. The report shall include an accounting of expenditures made from the fund with a description of the purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended balance remaining in the fund.
Section 8. Regulations
The secretaries of the executive office of energy and environmental affairs, executive office of housing and economic development, and executive office of public safety and security shall promulgate rules, regulations and guidelines for the administration and oversight of this chapter no later than 180 days after enactment.
Section 9. Interagency Coordination
The secretaries of the executive office of energy and environmental affairs, executive office of housing and economic development, and executive office of safety and security shall enlist, engage, collaborate, and coordinate with external experts and stakeholders regarding the creation and implementation of the flood risk protection program. Such experts and stakeholders shall include but are not limited to the environmental justice advisory council established by section 62L of chapter 30 of the general laws, the global warming solutions act implementation advisory committee, and homeowners, tenants, insurers, and municipal officials.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to to address climate change impacts from sea level rise, floods, and storms through voluntary property buyouts and wetland restoration, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety and health.
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An Act relative to reinvestment of cannabis revenue
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S56
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SD2296
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:16:21.857'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:16:21.8566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S56/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 56) of Liz Miranda for legislation relative to the reinvestment of revenues received from the cannabis industry. Cannabis Policy.
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Section 14(b) of chapter 94G of the General Laws is hereby amended by striking out paragraph "Thereafter, money in the fund shall be expended for: (i) public and behavioral health including but not limited to, evidence-based and evidence-informed substance use prevention and treatment and substance use early intervention services in a recurring grant for school districts or community coalitions who operate on the strategic prevention framework or similar structure for youth substance use education and prevention; (ii) public safety; (iii) municipal police training; (iv) the Prevention and Wellness Trust Fund established in section 2G of chapter 111; and (v) programming for restorative justice, jail diversion, workforce development, industry specific technical assistance, and mentoring services for economically-disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration for marijuana offenses pursuant to chapter 94C. ", as so appearing, and inserting in place thereof the following:-
Thereafter, money in the fund shall be expended for: (i) public and behavioral health including but not limited to, evidence-based and evidence-informed substance use prevention and treatment and substance use early intervention services in a recurring grant for school districts or community coalitions who operate on the strategic prevention framework or similar structure for youth substance use education and prevention; (ii) the Prevention and Wellness Trust Fund established in section 2G of chapter 111; and (iii) programming for restorative justice, jail diversion, workforce development, industry specific technical assistance, and mentoring services for economically-disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration for marijuana offenses pursuant to chapter 94C.
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An Act establishing tracking and reporting requirements for Massachusetts transportation fuels and associated greenhouse gas emissions
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S560
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SD1732
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T20:05:49.393'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T20:05:49.3933333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-27T12:31:55.23'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:31:55.23'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S560/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 560) of Marc R. Pacheco for legislation to establish tracking and reporting requirements for Massachusetts transportation fuels and associated greenhouse gas emissions. Environment and Natural Resources.
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SECTION 1. The Department of Environmental Protection shall promulgate regulations requiring producers, importers, and wholesale distributors that sell, supply, or offer for sale transportation fuels in Massachusetts to report all Massachusetts transportation fuel sales, and the source of any fuel sold, to the Department of Environmental Protection. The regulations shall require the Department of Environmental Protection to compute and track the individual and collective lifecycle greenhouse gas emissions of all fuels, as well as the carbon intensity of each fuel, that are reported by regulated entities on an annual basis.
SECTION 2. All sales, lifecycle greenhouse gas emissions, and carbon intensity data collected or computed by the Department of Environmental Protection pursuant to the regulations required by Section 1 shall be published by the Department in an annual report that is available to the public.
SECTION 3. The regulations required by Section 1 shall be promulgated within 180 days of passage of this Act, and must take effect within 180 days of promulgation.
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An Act to ensure consistency in environment and natural resources management planning
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S561
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SD1737
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T20:15:21.54'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T20:15:21.54'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:12:18.95'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:12:18.95'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S561/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 561) of Marc R. Pacheco for legislation to ensure consistency in climate adaptation management planning. Environment and Natural Resources.
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Subsection (a) of section 10 of chapter 21N of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following words:- Upon the adoption of the state plan, all certificates, licenses, permits, authorizations, grants, financial obligations, projects, actions and approvals for any proposed projects, uses or activities in and by a state agency or state authority shall be consistent, to the maximum extent practicable, with the plan.
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An Act to reduce methane emissions
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S562
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SD2362
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T12:47:05.203'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T12:47:05.2033333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:09:28.6233333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:09:28.6233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S562/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 562) of Marc R. Pacheco for legislation to reduce methane emissions. Environment and Natural Resources.
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Section 3 of chapter 21N of the general laws, most recently amended by section 11A of chapter 8 of the acts of 2021, is hereby amended by inserting after subsection (h) the following subsection:-
(i) The secretary shall, in consultation with the department and the department of energy resources, adopt the following statewide methane gas emissions limit: 30 per cent below 2020 levels by 2030.
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An Act relative to a stronger emissions limit to safeguard our environment
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S563
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SD2370
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T14:26:00.817'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T14:26:00.8166667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:09:17.45'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:09:17.45'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S563/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 563) of Marc R. Pacheco for legislation relative to a stronger emissions limit to safeguard our environment. Environment and Natural Resources.
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Said section 3 of chapter 21N, as so appearing, is hereby amended by striking out, in subsection (b), clauses (v) and (vi) and inserting in place thereof the following:-
(v) a 2045 statewide greenhouse gas emissions limit that achieves at least net zero statewide greenhouse gas emissions.
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An Act to reduce greenhouse gas emissions threatening our natural environment
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S564
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SD2379
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T07:39:17.363'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T07:39:17.3633333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:35:56.9566667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-19T14:05:46.6266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S564/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 564) of Marc R. Pacheco for legislation to reduce greenhouse gas emissions threatening our natural environment. Environment and Natural Resources.
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Said chapter 21N, most recently amended by section 11A of chapter 8 of the acts of 2021, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) The secretary shall promulgate regulations establishing market-based compliance mechanisms for: (i) the transportation sector; provided, however, that the regulations shall, at a minimum, be designed to reduce passenger vehicle and light duty truck emissions; (ii) the commercial, industrial and institutional sectors, including but not limited to buildings and industrial, manufacturing and other business processes; and (iii) the residential building sector.
The market-based compliance mechanisms established pursuant to this section shall: (i) maximize the ability of the commonwealth to achieve the greenhouse gas emissions limits established pursuant to this chapter;(ii) be designed to minimize disproportionate impacts on low-income households; (iii) be designed to identify, with special attention to manufacturing, economic sectors, economic subsectors or individual employers at risk of serious negative impacts due to the market-based compliance mechanisms established pursuant to this section; and (iv) be designed to mitigate impacts identified in clause (iii). The market-based compliance mechanisms may be established by joining any existing market-based compliance mechanisms. The secretary shall evaluate and adjust, if necessary, all market-based compliance mechanisms adopted pursuant to this section at least once every 30 months to meet the requirements of this section and to achieve greenhouse gas emissions limits. The regulations may be promulgated as part of a coordinated regional effort with other states or Canadian Provinces to implement, expand or join any other market-based compliance mechanisms. The department shall ensure it has adequate resources to implement the requirements of this chapter.
Not later than September 30, 2025 and every 5 years thereafter, the secretary or a designee shall publish a comprehensive energy plan that shall include and be based upon reasonable projections of the commonwealth’s energy demands for electricity, transportation and thermal conditioning and shall also include strategies for meeting those demands in a regional context, prioritizing meeting energy demand through conservation, energy efficiency and other demand-reduction resources in a manner that contributes to the commonwealth meeting the limits for 2030 and 2040 pursuant to subsection (b) of section 3.
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An Act relative to recycling
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S565
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SD2394
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T11:47:59.76'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T11:47:59.76'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:36:06.24'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S565/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 565) of Marc R. Pacheco for legislation relative to recycling. Environment and Natural Resources.
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SECTION 1. The commissioner of environmental protection shall establish performance standards for the reduction of municipal solid waste, as described in section 2, to achieve the purposes of the solid waste master plan and greenhouse gas reduction plan and to protect the natural environment, preserve resources, achieve progress toward the commonwealth's goals to reduce greenhouse gases and create green jobs in the commonwealth. The performance standards shall be promulgated by July 1, 2023.
SECTION 2. The department of environmental protection shall establish performance standards for municipal solid waste reduction on the basis of pounds per capita of solid waste disposed. The standards shall reduce solid waste to not more than 600 pounds per capita by July 1, 2024 and not more than 450 pounds per capita by July 1, 2026.
SECTION 3. Not later than December 1, 2023, the secretary of energy and environmental affairs, in consultation with the department of environmental protection and the department of energy resources, shall develop a municipal solid waste standards action plan to assist municipalities in achieving the standards set forth in this act. The secretary shall review the effectiveness of existing recycling programs and other incentives available to achieve these standards and shall make any recommendations available to the public on the website of the executive office of energy and environmental affairs. Recommendations may include, but shall not be limited to, potential regulatory or statutory changes to the solid waste master plan, the Clean Energy and Climate Plan, or the green communities program. The secretary shall consult with the solid waste advisory committee in developing the plan.
SECTION 4. Each city and town shall report to the department of environmental protection annually, by not later than September 1, the total weight of solid waste disposed of through the solid waste program of the city or town during the prior fiscal year, as well as the number of households and residents who participated in the program. If the department makes a determination that a city or town has not met the municipal solid waste reduction performance standards as prescribed by the department by July 1, 2024, that city or town shall submit a report to the department setting forth the reasons that the town did not meet the standards and detailing a plan to achieve the performance standards by July 1, 2028. The department shall issue a report on the municipal solid waste programs not later than December 1 of that year that provides per capita solid waste disposal statistics for the municipal solid waste programs and shall file the report with the clerks of the senate and house of representatives and the senate and house chairs of the joint committee on environment, natural resources and agriculture. The report may disaggregate solid waste tonnage information to highlight categories of waste, including waste that is beyond the control of a city or town such as waste created as a result of a natural disaster.
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An Act to support better commuting
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S566
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SD1824
| 193
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-19T12:53:36.497'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-19T12:53:36.4966667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T11:08:13.7133333'}]
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 566) of Pavel M. Payano and Steven Owens for legislation to support better commuting. Environment and Natural Resources.
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SECTION 1. The Massachusetts Department of Environmental Protection shall revise
310 Code of Massachusetts Regulation 7.16 as follows:
(1) Section 7.16 (1)(f) shall be amended as follows, replace ‘1,000’ with ‘250’
(2) At the end add:
“(11) beginning January 1, 2024, for the purposes of section 7.16 the term ‘affected facility’ means an employer who employs more than 250 individuals in the Commonwealth of Massachusetts”
“(12) employers who are members of transportation management associations are exempt from the requirements of section 7.16”
“(13) transportation management associations are required to submit reports for ‘affected facilities’ so long as they are members of such organization. Transportation management associations may submit consolidated reports for employers within its geographic service area”
“(14) employers and transportation management associations with drive alone rates less that 75% are only required to submit reports required by the section every two years”
SECTION 2. REPORTING – The Department of Environmental Protection shall consolidate reports and release to the public, at a minimum, the following information:
(1) Statewide drive alone rate
(2) Percentage of affected facilities that have drive alone rates below 75%
SECTION 3. INTERGOVERNMENTAL DATA SHARING – The Department of Environmental Protection shall share with the Department of Transportation all reported data and the Department of Transportation shall share any data, reports or statistics regarding commuting trends and drive alone rates within the commonwealth. The Department of Environmental Protection and the Department of Transportation shall collaborate to analyze such information on a bi-annual basis.
SECTION 4. CARBON REDUCTION PLAN – The Department of Transportation shall take into consideration data and information provided by the Department of Environmental Protection when developing a carbon reduction strategy as required by United States Code Title 23 Section 175(d) and as appropriate, provide funding from such program to transportation management associations projects and programs aimed at reducing drive alone commute rates.
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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 maintaining a statewide car seat recycling program
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S567
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SD993
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-18T17:49:15.777'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-18T17:49:15.7766667'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 567) of Rebecca L. Rausch for legislation to maintain a statewide car seat recycling program. Environment and Natural Resources.
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SECTION 1: Chapter 21H of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 7 the following section:-
Section 8. (a) The department shall maintain a program to provide for recycling of child passenger restraints, as defined in section 1 of chapter 90.
(b) The department shall be authorized to: (i) implement state, local, or regional child passenger restraint recycling programs; (ii) accept applications from municipalities for grants and to award grants to assist in the development or establishment of local and regional child passenger restraint recycling projects; and (iii) to partner or contract with private organizations to assist in the development or establishment of a child passenger restraint recycling program.
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An Act relative to the Elm Bank Reservation
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S568
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SD1551
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T17:28:45.483'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T17:28:45.4833333'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 568) of Rebecca L. Rausch for legislation relative to the Elm Bank Reservation. Environment and Natural Resources.
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Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall study and make recommendations to improve public and emergency access to the Elm Bank Reservation located in the towns of Wellesley and Dover. The report shall consider, without limitation, the purchasing of private land and the maintenance, construction and rehabilitation of current state-owned land. The report shall also identify long term expansion and rehabilitation of the current Elm Bank Reservation to maximize public use. The report shall be filed with the joint committee on the environment, natural resources and agriculture and the house and senate committee on ways and means no later than 90 days after the passage of this act.
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An Act relative to establishing an office of partnership coordination within the department of conservation and recreation
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S569
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SD1804
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T23:10:35.793'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T23:10:35.7933333'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 569) of Rebecca L. Rausch for legislation to establish an office of partnership coordination within the department of conservation and recreation. Environment and Natural Resources.
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Section 1 of chapter 21 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-
The department of conservation and recreation shall establish an office of partnership coordination for the purpose of maintaining and strengthening relations between the department, park friends groups, and public-private partnerships to support state parks.
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An Act to encourage equitable cannabis business ownership
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S57
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SD2299
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:18:23.29'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:18:23.29'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 57) of Liz Miranda for legislation to encourage equitable cannabis business ownership. Cannabis Policy.
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The cannabis control commission, in consultation with the Massachusetts cannabis advisory board, the cannabis social equity advisory board, and the executive office of housing and economic development, and grassroots or non-profit organizations led by formerly incarcerated people, shall conduct a public awareness campaign to highlight the programs and resources available to cannabis business applicants from communities harmed by the war on drugs and other disadvantaged businesses.
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An Act to reduce plastics
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S570
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SD2074
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T12:48:58.27'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T12:48:58.27'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:50:21.8633333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-28T13:28:40.86'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-06-02T10:35:55.0766667'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 570) of Rebecca L. Rausch, James B. Eldridge and Jason M. Lewis for legislation to reduce plastics. 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: MASSACHUSETTS PLASTICS REDUCTION ACT
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Biodegradable”, made entirely of organic materials, including wood, paper, bagasse and cellulose.
“Carryout bag”, a bag provided to a customer to hold items purchased from or serviced by a retail establishment. A carryout bag does not include a bag: (i) provided by a pharmacy to a customer purchasing prescription medication; (ii) used to protect items from damaging or contaminating other purchased items placed in a recycled paper bag or a reusable grocery bag; (iii) provided to contain an unwrapped food item; (iv) used to protect articles of clothing on a hanger; (v) used to prevent frozen food items from thawing; (vi) containing products or items that are saturated, wet, prone to leak or need to be immersed in a liquid; (vii) containing products or items that are granular, powdery, dirty or greasy; or (viii) used to protect small items from loss.
“Compostable”, made entirely of material capable of being broken down or decomposed at the end of its useful life into a beneficial soil amendment or conditioner. Composting shall not include thermochemical processing.
“Department”, the department of environmental protection.
“Disposable”, designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuse.
“Food facility”, an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption, regardless of the intended location of such consumption.
“Food service ware”, disposable products used for serving or transporting foods or beverages for human consumption, including without limitation plates, bowls, trays, cups, cartons, hinged or lidded containers, straws, stirrers, cup spill plugs, cup sleeves, condiments containers, utensils, cocktail sticks/picks, toothpicks, film wrap, and napkins. Food service ware does not include detachable lids for beverage cups or food containers, coolers or ice chests.
“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.
“Recycle”, to separate, dismantle, or process the materials, components or commodities in covered materials for the purpose of preparation for use or reuse in new products or components. Recycling shall not include energy recovery or energy generation by means of combustion including but not limited to pyrolysis, gasification and any other heat chemical conversion processes, landfill disposal of discovered covered products, or discarded product component materials.
“Recycled paper bag”, a paper bag that is 100 per cent recyclable and contains at least 20 per cent postconsumer recycled material; provided, however, that a paper bag with a weight load capacity of more than 8 pounds shall contain at least 40 per cent postconsumer recycled material.
“Retail establishment”, a store or premises in which a person is engaged in the business of selling or providing merchandise, goods, foods, or item servicing directly to customers, including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, restaurants, coffee shops, food trucks and other mobile businesses, and seasonal and temporary businesses, such as farmers markets and public markets; provided, however, that a “retail establishment” shall include a non-profit organization, charity or religious institution that holds itself out to the public as engaging and does engage in retail activities that are characteristic of similar type retail businesses, whether or not for profit when engaging in such activity.
“Reusable bag”, a bag that: is made of machine-washable cloth, fabric, hemp or other woven or non-woven fibers; has handles that are stitched and not heat-fused; and is designed and manufactured for multiple uses. A bag made of plastic film of any thickness is not a reusable bag.
“Serviced” or “Servicing”, the past or present act of cleaning, repairing, improving, refinishing or altering an item owned by 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.
Section 2. (a) A retail establishment shall not provide a customer with a carryout bag unless such carryout bag is a recycled paper bag or a reusable bag; provided, however, that a retail establishment shall charge a customer not less than ten cents per carryout bag; and provided further, that a carryout bag purchased under this section shall not be subject to taxation pursuant to chapter 64H or 64I.
(b) A retail establishment shall remit five cents per recycled paper bag sold to the commissioner of revenue at the same time and in the same manner as sales taxes are due to the commonwealth. The department of revenue may promulgate regulations to facilitate the collection of the fee set forth in this subsection.
(c) Except as provided in subsection (b), a retail establishment shall retain amounts charged to customers for carryout bags.
(d) Nothing in this section shall prohibit: (i) 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; or (ii) a retail establishment from selling or offering for sale to customers packages containing several bags, products or goods with a protective or other bag received from a manufacturer or distributor, or bags offered for sale as a product or merchandise that are not carryout bags.
(e) This section shall not apply to bags otherwise required to be used under state or federal law or a nonprofit organization, charity or religious institution in the provision or distribution of food, clothing or other items at no cost or substantially reduced cost.
(f) A retail establishment that violates this section shall be subject to a warning for a first violation, a civil penalty of not more than $500 for a second violation and a civil penalty of not more than $1,000 for a third or subsequent violation. Each day a retail establishment is in violation of this section shall be considered a separate violation.
(g) Upon attestation to the department confirming satisfaction of the criteria set forth in this subsection, this section shall not apply to retail establishments with not more than 3 store locations under the same ownership; provided, however, that each location has not more than 4,000 square feet of retail selling space and not more than 15 employees; and provided further, that the retail establishment provided fewer than 15,000 carryout bags in total during the previous calendar year. Retail establishments exempt under this subsection shall not be prohibited from offering carryout bags for sale.
Section 3. (a) A food facility shall not provide a customer with disposable food service ware unless such food service ware is biodegradable or compostable; provided, however, that drinking straws that are not biodegradable or compostable may be provided to a customer by the customer.
(b) A food facility may charge a customer a fee for disposable food service ware; provided, however, that any such fee charged pursuant to this section shall not be subject to taxation pursuant to chapter 64H or 64I; and provided further, that a food facility charging a fee pursuant to this section shall retain the entirety of any such fee charged.
(c) A food facility that violates this section shall be subject to a warning for a first violation, a civil penalty of not more than $250 for a second violation and a civil penalty of not more than $500 for a third and each subsequent violation. Each day a food facility is in violation of this section shall be considered a separate violation.
Section 4. The department shall establish a program to provide for recycling of child passenger restraints, as defined in section 1 of chapter 90, and is hereby authorized to: (i) implement state, local, or regional child passenger restraint recycling programs; (ii) accept applications from municipalities for grants and to award grants to assist in the development or establishment of local and regional child passenger restraint recycling projects; and (iii) to partner or contract with private organizations to assist in the development or establishment of a child passenger restraint recycling program.
Section 5. No retail establishment shall sell or otherwise provide to a consumer alcoholic beverages in plastic containers less than or equal to 100 milliliters. A retail establishment that violates this section shall be subject to a warning for a first violation, a civil penalty of not more than $150 for a second violation and a civil penalty of not more than $300 for a third and each subsequent violation. Each day a retail establishment is in violation of this section shall be considered a separate violation.
Section 6. (a) No retail establishment shall sell or otherwise provide to a consumer plastic bottles containing 1 liter or less of non-carbonated, non-flavored water, except as may be required for safety, health, or emergency situations. A retail establishment that violates this section shall be subject to a warning for a first violation, a civil penalty of not more than $150 for a second violation and a civil penalty of not more than $300 for a third and each subsequent violation. Each day a retail establishment is in violation of this section shall be considered a separate violation.
(b) State funds shall not be used to purchase plastic bottles containing 64 ounces or less of non-carbonated, non-flavored water for use in facilities that are served by public water supplies or potable well water, except as may be required for safety, health, or emergency situations.
Section 7. No ordinance, by-law or other rule or regulation inconsistent with the provisions of this chapter may be adopted, promulgated or otherwise effectuated.
Section 8. The department shall conduct an annual assessment of packaging production and sales in the commonwealth. The assessment shall include, without limitation: the volume of packaging made from plastics, metals, newsprint and other paper, glass, and other material produced or sold in the commonwealth, delineated by material; the percentage of such packaging deposited into a waste management stream, including recycling and composting, delineated by material and waste management stream type; and of the packaging deposited into a waste management stream, the percentage of recyclable or compostable material actually recycled or composted, delineated by material. The department shall submit a report summarizing the assessment to the senate and house committees on ways and means and the joint committee on the environment, natural resources and agriculture not later than January 31 of each year for the preceding calendar year. The department shall also provide access to the raw data of the assessment. Each report and data set shall be a public record.
Section 9. Except as otherwise provided, the department shall promulgate regulations to implement the provisions of this chapter. The department may promulgate regulations to increase: (i) the minimum postconsumer recycled material required for recycled paper bags; and (ii) the fee established in subsection (b) of section 2.
SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. (a) There shall be an Environmental Protection Trust Fund. The fund shall be expended to: improve the air, water, soil, or other environmental conditions for environmental justice populations, as defined by section 62 of chapter 30; provide reusable bags to environmental justice populations and individuals receiving benefits administered by the department of transitional assistance at no cost; issue grants to small businesses that are incorporated and have principal places of business in the commonwealth to assist in the reduction of plastic use within each business, including without limitation small businesses in the food service and production industries; and provide multilingual, culturally competent educational materials and programming, including but not limited to experiential education, regarding bag reuse and recycling and other aspects of environmental protection. The fund shall consist of: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; (iii) funds from public and private sources, including but not limited to gifts, grants, donations, and settlements received by the commonwealth that are specifically designated to be credited to the fund; (iv) federal funds paid to the commonwealth designated to be credited to the fund; and (v) monies paid to the commonwealth pursuant to chapter 21P. Any bond proceeds deposited into the fund shall be kept separate from any and all other funds deposited into the fund. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the general fund.
(b) The department of environmental protection shall administer the fund. Annually not later than March 1, the department shall report on the activities of the fund from the previous calendar year to the senate and house committees on ways and means and the joint committee on environment, natural resources and agriculture. The department may promulgate regulations or issue other guidance to implement this section. The department shall consult with the department of transitional assistance to equitably implement the provision of no-cost reusable bags as set forth in subsection (a). The department shall consult with the Massachusetts growth capital corporation to equitably implement the provision of grants to small businesses to assist in the reduction of plastic use.
SECTION 3. The department of environmental protection shall prepare a plan to establish comprehensive publicly accessible statewide composting. The plan shall be designed to increase the rate at which food and organic waste is composted and reduce the contamination of waste and recycling streams by compostable materials. Not later than August 31, 2024, the department shall submit to the senate and house committees on ways and means and the joint committee on the environment, natural resources and agriculture a report stating the plan and indicating any resources necessary to implement the plan. Subject to appropriation, the department shall implement the plan by December 31, 2025.
SECTION 4. There shall be a special legislative commission for the purpose of recommending to the legislature an extended producer responsibility plan for the commonwealth. The commission shall include the commissioner of the department of environmental protection or a designee, who shall serve as chair; the commissioner of the department of agricultural resources, or a designee; the director of the office of business development, or a designee; an appointee of the attorney general with expertise in consumer protection; an appointee of the senate chair of the joint committee on environment, natural resources and agriculture; an appointee of the house chair of the joint committee on environment, natural resources and agriculture; and additional individuals appointed by the chair who represent packaging producers, retailers, waste haulers, material recovery facility operators, municipalities, food producers, farmers, statewide environmental protection organizations, statewide or community environmental justice organizations, regional or community environmental protection organizations, freshwater and marine litter programs, regional waste management entities, and environmental and human health scientists. Each commission member may represent only 1 listed category and the chair shall ensure that no category is disproportionately represented on the commission. The chair may select a third-party facilitator for the commission. The commission shall use the initial assessment report required by section 8 of chapter 21P of the General Laws in crafting its recommended extended producer responsibility plan. The recommended plan shall include a material cost differentiation system; a proposed structure for producer payments and collector reimbursements; net costs of residential curbside collection or transfer station operations, on-site processing costs for each readily recyclable material type, management costs of non-readily recyclable materials, and other cost factors; and methods of incentivizing packaging production and waste stream contamination reduction, which may include reuse and lifespan extensions. Not later than December 2, 2024, the commission shall submit its recommendations and related factual findings to the senate and house committees on ways and means and the joint committee on the environment, natural resources and agriculture and publish said recommendations and related factual findings on the website of the department of environmental protection.
SECTION 5. Except as otherwise provided herein, the provisions of this act shall take effect on August 1, 2024.
SECTION 6. Section 3 of chapter 21P of the General Laws shall take effect on September 1, 2026.
SECTION 7. Subsection (g) of section 2 of chapter 21P of the General Laws is hereby repealed.
SECTION 8. Section 7 shall take effect on September 1, 2026.
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An Act relative to the re-use of soil for large reclamation projects
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S571
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SD538
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:39:33.327'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:39:33.3266667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:18:58.5666667'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 571) of Michael F. Rush and Paul McMurtry for legislation relative to the re-use of soil for large reclamation projects. Environment and Natural Resources.
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SECTION 1. Chapter 21E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after Section 22, the following new section:-
Section 23. (a) As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Approved Re-use”, the use of soil for the reclamation of a quarry, sand pit or gravel pit under the conditions of this policy;
“Covered project”, any quarry, gravel pit, or sand pit reclamation project that receives, or plans to receive, greater than 100,000 cubic yards of soil for the reclamation or filling of said quarry, gravel pit, or sand pit.
“Filling operation”, the filling of sand pits, gravel pits, and quarries.
"Department'', the department of environmental protection.
"Hazardous material'', material including but not limited to, any material, in whatever form, which, because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment, when improperly stored, treated, transported, disposed of, used, or otherwise managed. The term shall not include oil. The term shall also include all those substances which are included under 42 USC Sec. 9601(14), but it is not limited to those substances.
“Reportable release”, the release of oil or hazardous material into the environment which requires notice pursuant to 310 CMR 40.000.
“Notification Requirements”, means the requirements for providing notification to the Department:
(i) of releases, and threats of release, of oil and/or hazardous material and Imminent Hazards
set forth in 310 CMR 40.0300; and/or
(ii) of changes in activities, uses and/or exposures set forth in 310 CMR 40.0020.
"Oil'', insoluble or partially soluble oils of any kind or origin or in any form, including, without limitation, crude or fuel oils, lube oil or sludge, asphalt, insoluble or partially insoluble derivatives of mineral, animal or vegetable oils. The term shall not include waste oil, and shall not include those substances which are included in 42 USC Sec. 9601(14).
“Release”, the placement, dumping, disposing or reuse of soil containing oil or hazardous material into the environment, as the term is defined in section 2 of chapter 21E and pursuant to 310 CMR 40.000.
“Solid waste” or “waste”, means useless, unwanted or discarded solid, liquid or contained gaseous material resulting from industrial, commercial, mining, agricultural, municipal or household activities that is disposed or is stored, treated, processed or transferred pending such disposal, but does not include:
(i) hazardous wastes as defined and regulated pursuant to 310 CMR 30.000;
(ii) sludge or septage which is land applied in compliance with 310 CMR 32.00;
(iii) waste-water treatment facility residuals and sludge ash from either publicly or privately
owned waste-water treatment facilities that treat only sewage and which is treated or
disposed at a site regulated pursuant to sections 6 and 7 of chapter 83 or pursuant to sections 26 through 53 of chapter 21, unless the waste-water treatment residuals and/or sludge ash are co-disposed with solid waste;
(iv) septage and sewage as defined and regulated pursuant to sections 26 through 53 of chapter 21
(v) ash produced from the combustion of coal when reused as prescribed pursuant to
Section 150A of chapter 111;
(vi) solid or dissolved materials in irrigation return flows;
(vii) source, special nuclear or by-product material as defined by the Atomic Energy Act of
1954;
(viii) materials and by-products generated from and reused within an original manufacturing
process;
(ix) materials which are recycled, composted, or converted in compliance with 310 CMR
16.03, 16.04 or 16.05; and
(x) organic material when handled at a Publicly Owned Treatment Works as defined in
314 CMR 12.00 and as approved by the Department pursuant to 314 CMR 12.00.
(b) This act shall apply to any quarry, gravel pit, or sand pit reclamation project that receives, or plans to receive, greater than 100,000 cubic yards of soil for the reclamation or filling of said quarry, gravel pit, or sand pit.
(c) The department shall issue a site-specific approval, in the form of an administrative consent order, to any filling operation that is a covered project.
The administrative consent order shall include the following: (1) implementation of a detailed soil and fill management plan that specifies how material will be sampled, documented, tracked, transported and managed as well as what materials are permitted and not permitted; (2) detailed plans that specify how material will be managed at the reclamation project to prevent nuisance conditions, such as noise, odor, litter, and dust; (3) a detailed stormwater management plan to prevent impacts to sensitive receptors; (4) detailed wetlands impact provisions, including, as applicable, a requirement to obtain an order of conditions, determination of applicability or other approval or permit to proceed with the project as designed; (5) a plan for communicating with the public and involving interested parties at key points in the implementation of the reclamation project; (6) oversight by a qualified environmental professional and third party inspection program; (7) knowledge of and intention to comply with all applicable laws and regulations; and (8) stipulated penalties for noncompliance with the administrative consent order; (9) certification, signed by an agent of the covered project, that the reuse of large volumes of soil pose no significant risk of harm to health, safety, public welfare, or the environment and would not create new releases or threats of releases of oil or hazardous materials.
(d) To be eligible for department approval, soil accepted by a covered project for use in a filling operation shall not contain more than de minimus quantities of solid waste. The placement, dumping, disposing or reuse of soil containing oil or hazardous material into the environment shall constitute a release. Such dumping, disposing, or unapproved re-use of soil is a reportable release requiring assessment and remediation.
(e) Filling operations conducted without the approval of the department shall be subject to department enforcement for violations of rules governing solid waste management and oil or hazardous material release pursuant to department regulations.
(f) A covered project that is not managed in compliance with the requirements of this act shall be found to have caused, contributed to, or exacerbated a release of oil or hazardous material and shall be subject to enforcement pursuant to section 277 of chapter 165 of the acts of 2014 and chapter 21E of the general laws. Any fill project that accepts any amount of soil, whether pursuant to this act or otherwise, must ensure that the filling does not create new, reportable releases of oil or hazardous materials to the environment pursuant to chapter 21E or will not violate section 150A of chapter 111.
(d) Nothing in this act shall eliminate any local, state, or federal requirements that apply to the management of soil, including any local, state, or federal permits or approvals necessary before placing the soil at the receiving location, including, but not limited to, those related to placement of fill, noise, traffic, dust control, stormwater management, wetlands, groundwater or drinking source protection.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to ensure the reuse of large volumes of soil for the reclamation of sand pits, gravel pits and quarries poses no significant risk of harm to health, safety, public welfare or the environment, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety, health and convenience.
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An Act to save recycling costs in the commonwealth
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S572
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SD539
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:40:52.833'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:40:52.8333333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:18:48.3166667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T10:35:26.5666667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T12:12:59.65'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T12:48:45.27'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T12:17:13.8966667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-14T12:36:42.54'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-16T18:53:51.64'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-16T18:53:37.11'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-21T09:44:54.3566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T09:44:43.99'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T10:05:35.0933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S572/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 572) of Michael F. Rush, Paul McMurtry, Jack Patrick Lewis, John J. Cronin and other members of the General Court for legislation to save recycling costs in the commonwealth. Environment and Natural Resources.
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SECTION 1. Chapter 94 of the General Laws is hereby amended by inserting after section 329 the following sections:
Section 330. Definitions applicable to Secs. 330 to 345. In section three hundred and thirty to section three hundred and forty-five, inclusive, the following terms shall, unless the context clearly appears otherwise, have the following meanings:
"Alternative collection program”, a program for the management of packaging material that is operated by an individual producer or group of producers and that has been approved by the department in accordance with section 338.
“Brand”, a name, symbol, word or mark that identifies a product, rather than its components, and attributes the product to the owner of the brand.
“Collector”, a municipality, private hauler, association, or other entity that collects solid waste from residential generators or schools.
“Committee”, the advisory committee as established by the producer responsibility organization or coordinating body pursuant to section 332.
“Coordinating body”, the entity formed by producer responsibility organizations if more than one organization is formed, pursuant to section 332.
"Covered materials”, any packaging material or paper products, regardless of recyclability or compostability, that are sold, offered for sale, or distributed to consumers in the state, including through an internet transaction.
“Covered material category”, the categories of covered materials as defined by the department pursuant to paragraph (d) of section 342.
“Department”, the department of environmental protection.
"Franchisee", a person that is granted a license by a franchisor to use the franchisor's trade name, service mark or related characteristic and to share in the franchisor's proprietary knowledge or processes pursuant to an oral or written arrangement for a definite or indefinite period.
"Franchisor", a person that grants to a franchisee a license to use the person's trade name, service mark or related characteristic and to share in the person's proprietary knowledge or processes pursuant to an oral or written arrangement for a definite or indefinite period.
“Material recovery facility” or “facility”, a facility that receives, processes, and sells or otherwise distributes post-consumer materials for recycling.
“Municipal solid waste”, any residential or commercial solid waste, as defined in 310 CMR 19.006.
“Municipality”, a city, town, or regional association acting on behalf of a city or town.
"Packaging material", any part of a package or container, including material that is used for the containment, protection, handling, delivery, and presentation of a product that is sold, offered for sale, imported, or distributed in the state, including through internet transactions "Packaging material" does not include:
(a) A discrete type of material, or a category of material that includes multiple discrete types of material, intended to be used for the long-term storage or protection of a durable product and that can be expected to be usable for that purpose for a period of at least 5 years; or
(b) A discrete type of material, or a category of material that includes multiple discrete types of material, that is a beverage container, as defined in section 321 of this chapter.
“Paper products”, 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. Paper products does not include:
(a) paper products that, by virtue of their anticipated use, could become unsafe or unsanitary to recycle; and
(b) any literary, text, reference, or other bound book.
"Producer", with respect to a covered material, producer means:
(a) an entity that manufactures and uses in a commercial enterprise, sells, offers for sale, or distributes the covered material in the commonwealth under the brand of the manufacturer;
(b) if clause (a) does not apply, an entity that is not the manufacturer of the covered material but is the owner or licensee of a trademark under which the covered product is used in a commercial enterprise, sold, offered for sale, or distributed in the commonwealth, whether or not the trademark is registered; or
(c) if clauses (a) and (b) do not apply, an entity that imports the covered material into the United States or the commonwealth for use in a commercial enterprise, sale, offer for sale, or distribution in the commonwealth.
(d) the definition of “producer” includes a franchisor of a franchise located in the commonwealth but does not include the franchisee operating that franchise.
(e). the definition of “producer” does not include a nonprofit organization exempt from taxation under the United States Internal Revenue Code, Section 501(c)(3), and any entity exempted from the program under section 331 of this chapter.
"Producer responsibility fund" or "fund", a privately held account established and managed by the stewardship organization pursuant to section 337.
"Producer responsibility organization" or "organization", a not-for-profit entity formed by a group of producers and contracted by the department under section 332 to act as an agent on behalf of each producer to develop and implement a producer responsibility plan.
"Producer responsibility plan" or “plan”, a detailed plan that describes the manner in which producers shall comply with the requirements of secs. 330 to 345 and all regulations promulgated by the department pursuant to secs. 330 to 345.
"Packaging and paper products program" or “program”, the program implemented under secs. 330 to 345 by the organization to assess and collect payments from producers based on the type and weight of packaging material sold, offered for sale or distributed for sale in the State by each producer and to reimburse participating municipalities for certain incurred municipal recycling and waste management costs.
“Readily-recycled”, with respect to a covered material, that the type of packaging material or paper product, as annually determined by the department:
(a) can be sorted by entities that process recyclable material generated in the commonwealth; and
(b) has a consistent market for purchase, as based on data from the prior two (2) calendar years. For the purposes of this paragraph, "consistent market for purchase" means, with respect to a type of packaging material, that entities processing recyclable material are willing to purchase full bales of that type of fully sorted packaging material in quantities equal to or in excess of the supply of that fully sorted packaging material.
“Readily-recycled”, does not include covered material categories or types that facilities accept in low quantities or sort out of material during additional processing steps; if facilities cannot aggregate or sell a full bale of a specific covered material category or type due to a lack of market or inability to feasibly separate, that covered material type is not readily-recyclable. Covered material categories or types shall not be considered readily-recyclable, recyclable, compostable, or reusable if they contain toxic substances as defined in this section.
"Recycling", to separate, dismantle or process the materials, components or commodities in covered materials for the purpose of preparing the materials, components or commodities for use or reuse in new products or components. "Recycling" does not include energy recovery or energy generation by means of combustion; pyrolysis, gasification and any other high-heat chemical conversion processes; or landfill disposal of discarded covered products or discarded product component materials.
“Residential”, of a place where residents live, stay, or are cared for over a period of more than two full days and nights, including but not limited to single and multifamily homes, apartments, condominiums, congregate housing, public housing, mobile home parks, dormitories, assisted living residences, nursing homes, hospitals, camps and hotels.
“School”, a public, private, or charter school, including pre-schools, K-12 schools, colleges, and universities.
“Sustainable packaging trust” or “trust”, an expendable trust under control of the department, created under Chapter 10 section 35EEE of the Massachusetts General Laws, for the purpose of collecting funds for department administration of the packaging and paper products program or an alternative collection program, and for collecting fines related to the packaging and paper products program or an alternative collection program.
"Toxic substance", with respect to packaging material, means a chemical or chemical class identified by a state agency, federal agency, international intergovernmental agency, accredited research university, or other scientific evidence deemed authoritative by the department on the basis of credible scientific evidence as being one or more of the following:
(a) a chemical or chemical class that is a carcinogen, mutagen, reproductive toxicant, immunotoxicant, neurotoxicant, endocrine disruptor.
(b) a chemical or chemical class that is persistent or bioaccumulative.
(c) 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.
(d) a chemical or chemical class that may harm organs or cause other systemic toxicity.
(e) a chemical or chemical class that may have adverse air quality impacts, adverse ecological impacts, adverse soil quality impacts, or adverse water quality impacts.
(f) the department has determined a chemical or chemical class has equivalent toxicity to the above criteria.
“Toxic substance”, for the purposes of secs. 330 to 345, includes the following chemicals or chemical classes: Per and Poly Fluor Alkyl Substances (PFAS); an ortho phthalate; a bisphenol compound; a halogenated, organophosphorus, organonitrogen, or nanoscale flame retardant chemical; Lead; Cadmium; Mercury; Hexavalent Chromium; and Formaldehyde.
“Waste disposal bans”, has the same meaning as in 310 CMR 19.000.
Section 331. Producer exemptions. Notwithstanding any provision of secs. 330 to 345 to the contrary, a producer is exempt from the requirements and prohibitions of sections 330 to 345 in any calendar year in which the producer (a) realized less than $1,000,000 in total gross revenue during the prior calendar year, or (b) the producer sold, offered for sale or distributed for sale in or into the commonwealth during the prior calendar year products contained, protected, delivered, presented or distributed in or using less than one ton of covered material in total.
Section 332. Producer responsibility organizations. To satisfy the requirements under secs. 330 to 345, producers of covered materials sold or distributed into the commonwealth shall establish (a) producer responsibility organization(s) that shall act as an agent and on behalf of each producer to operate the packaging and paper products program. If more than one (1) producer responsibility organization is established with respect to a category or categories of covered materials, the commissioner of the department may establish a coordinating body to coordinate and manage those producer responsibility organizations, and conduct business between those producer responsibility organizations, collectors, and the department.
(a) If multiple producer responsibility organizations are formed, they must submit one single producer responsibility plan to the department and ensure seamless operation of the packaging and paper products program, thereby assigning responsibility equitably among producer responsibility organizations and relieving the department of responsibility associated with coordinating multiple producer responsibility organizations.
(b) Any producer responsibility organization formed in compliance with secs. 330 to 345 shall be established and operated as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code.
(c) The organization or coordinating body shall establish an advisory committee that represents a range of interested and engaged persons relevant to the category of covered products of the applicable program, including the commissioner of the department of environmental protection or a designee, and individuals representing producers, retailers, waste haulers, material recovery facility operators, waste pickers, municipalities, environmental and community organizations, freshwater and marine litter programs, and environmental and human health scientists. Each individual serving on an advisory committee may represent only one (1) member of each category listed under this paragraph, and the organization or coordinating body shall ensure that no category has a disproportionate representation on an advisory committee.
(d) The producer responsibility organization or coordinating body shall hold an advisory meeting at least quarterly; request and consider comments from the advisory committee of the organization prior to the submission to the department of the plan or any modifications to the plan; report comments of the advisory committee to the department as an appendix to any revisions to the plan submitted to the department; and include a summary of advisory committee engagement and input in the report under section 339.
Section 333. Producer plan. Within eight (8) months of the promulgation of related regulations by the department pursuant to section 342 the producer responsibility organization(s) shall submit a plan for the establishment of the packaging and paper product program to the department for approval. With the exception of paragraph (h), the plan shall have a duration of five (5) years. The plan(s) must include, at a minimum:
(a) A description of how the producer responsibility organization will administer the program, including the mechanism or process, to be developed with input from producers, by which producers may request and receive assistance from the organization in the reporting of required information and guidance for covered material modifications that would reduce fee payments; and the mechanism or process, to be developed with input from collectors, by which participating collectors may request and receive assistance from the organization in the reporting of required information and guidance for recycling program modifications that would increase access to and participation in residential recycling programs.
(b) A description of how the organization intends to solicit and consider input from the advisory committee and other interested entities, including, but not limited to, producers, collectors, environmental organizations, and waste and recycling entities, regarding the operation of the packaging and paper products program.
(c) A description of the funding mechanism covering the entire cost of the program, including how the organization intends to establish and manage the producer responsibility fund consistent with the requirements of sections 335 and 337, including, but not limited to: staffing the organization and coordinating body to manage the fund; a plan to ensure equity of access for financially or otherwise challenged municipal participants; technical support to producers and collectors regarding program requirements; administering and collecting payments to and reimbursements from the fund and the financial mechanisms, including investment types if any, the organization intends to use to manage monies within the fund.
(d) A proposed budget outlining the anticipated costs of operating the program, including identification of any start-up costs that will not be ongoing and a description of the method by which the organization intends to determine and collect producer payments during the start-up period of program operation, and to reimburse or require additional payments by those producers subsequent to the start-up period based on producer reporting of the actual amount of packaging material sold, offered for sale or distributed for sale in or into the commonwealth by each producer during the start-up period. The proposed budget should describe how the organization will maintain 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 post-consumer packaging types. The proposed budget under this paragraph may overestimate the cost of operating the program during the start-up period of operation but must describe the method and basis for any overestimate.
(e) A proposal for how expenditures from the fund will be used for investments in public outreach, education, communication, and infrastructure enhancement in a way that increases access to recycling and reuse throughout the commonwealth, and how the organization’s development of such investment proposals must incorporate input from producers, participating collectors, municipalities, environmental organizations, and waste and recycling entities. Public outreach, education, and communication shall:
(1) Promote the proper end-of-life management of covered materials.
(2) Provide information on how to prevent litter of covered materials.
(3) Provide recycling instructions that are, to the extent practicable; consistent statewide; easy to understand; easily accessible; and in compliance with the annually published list of readily recyclable materials under paragraph (c) of section 342.
(4) Provide for outreach and education that are; designed to achieve covered materials goals under paragraph (e) of this section, including the prevention of contamination of materials; coordinated across programs or regions to avoid confusion for consumers; and developed in consultation with local governments and other stakeholders.
(f) A description of how, through the proposed expenditures under paragraph (e), the organization intends to provide convenient and free consumer access to collection services or collection facilities for all residents in the Commonwealth, and how the organization intends to achieve and assist collectors and facilities in achieving a combined reduction and recycling rate, based on regular audits of inbound waste at facilities as described in paragraph (i) of this section and outbound tonnages of covered material from facilities as reported to the department pursuant to paragraph (f) of section 342, of no less than sixty-five (65) percent by weight by July 1, 2027, no less than eighty (80) percent by weight by July 1, 2031, and no less than one hundred (100) percent by weight by July 1, 2035 of covered materials managed by the organization. The organization shall also provide a description of how it intends to achieve and assist collectors in achieving performance standards for each type of covered material as published annually by the department pursuant to paragraph (d) of section 342.
(g) A proposed schedule of minimum post-consumer recycled material content rate requirements for covered materials, including a description of how the organization intends to meet the proposed minimum post-consumer recycled material content rates. The minimum post-consumer recycled material content rates shall include each covered material category, and shall not be less than ten (10) percent of all material in each covered material category, by weight.
(h) A description of how the organization intends to use the materials cost differentiation system developed by the department and the annual schedule of adjustments under paragraphs (a) and (b) of section 342 to assess fees for producers of each type of covered materials, as defined by the department, in compliance with all applicable provisions of secs 330 to 345. The description must include a flat-rate fee schedule for producers generating between one (1) and fifteen (15) tons of covered materials annually. The organization shall develop an evaluation system for the fee structure, and shall annually evaluate, revise and submit an updated assessment schedule along with the annual report submitted to the department pursuant to section 339.
(i) A description of how the organization intends to fund representative third-party, independent audits of both inbound and outbound recyclable material generated in the commonwealth that is processed and sold by facilities; waste characterizations of municipal solid waste being disposed of in the commonwealth; and litter audits. The audits must be conducted at least annually, and must include:
(1) A description of the sampling techniques to be used in those audits, which must include random sampling.
(2) A description of how those audits, at a minimum, will be designed to solicit information regarding the extent to which recyclable material processed and sold by those facilities reflects the tons of each type of covered material recycled in the commonwealth and the ultimate state or country destination of and intended use for that material.
(3) Requirements regarding how the audits will be designed so that information obtained through the audit of one facility will not be used to infer information about a different facility that uses different processing equipment, different sorting processes or different staffing levels to conduct such processing.
(4) Requirements regarding how a facility will be allowed to request and receive an audit if it can credibly demonstrate that an audit result being applied to its material output is not representative of its current operations.
(5) For waste disposal audits, at a minimum, a description of the types and weight of packaging material in the disposal waste stream, and the percentage by weight and volume of the disposal waste stream that is comprised of covered materials.
(6) For litter audits, to the maximum extent practicable, a description of the packaging material type by weight, identification of producer, and the general description of where the litter is accumulating throughout the State.
(j) Any additional information required by the department.
Section 334. Approval of plan; plan amendments; corrective actions, termination of plan. In accordance with the applicable provisions of secs. 330 to 345, the department shall review the producer responsibility plan and amendments to such plan submitted by the organization or coordinating body, and shall require the implementation of corrective actions by the organization to the packaging and paper products program. Following approval of the plan by the department under this section, the producer responsibility organization shall immediately begin implementation of the plan.
(a) The department shall review the producer responsibility plan submitted by the organization or coordinating body pursuant to section 333 and approve or deny the plan within ninety (90) days of receipt. The department shall approve the plan if the department determines that the plan meets the requirements of section 333 and is otherwise consistent with all applicable requirements of secs. 330 to 345 of this chapter. If the department approves the plan, the department shall transmit written notice of that approval to the organization. An approval under this section must terminate five (5) years from the date of that approval but may be extended for an additional five (5)-year period following the submission by the stewardship organization of an updated plan consistent with section 333 that is approved by the department consistent with this section. The organization or coordinating body must submit an updated plan no later than one hundred twenty (120) days prior to the date its current plan expires.
(b) If the department determines that a submitted plan fails to meet any applicable requirements of secs. 330 to 345, the department shall provide written notice to the organization describing the reasons for rejecting the plan. No later than forty-five (45) days after receiving written notice rejecting a submitted plan, the organization shall revise and resubmit the plan to the department. The department shall review the revised plan, decide whether to approve it and provide written notice of the department's decision within forty-five (45) days of receipt of the revised plan.
(c) The organization may propose modifications to the approved plan, provided the organization submits the proposed modifications to the department for review and consults the advisory committee as required under paragraph (d) of section 332. Not later than forty-five (45) days following receipt of proposed modifications, the department shall approve the modifications if the department determines the revision is in accordance with secs. 330 to 345. If the department determines the revision is not in accordance with secs. 330 to 345, the department shall communicate the determination to the organization, at which time the organization shall resubmit proposed modifications to the department for approval. If the department does not make a determination under this paragraph within forty-five (45) days of the receipt of a proposed modification, the modification shall be considered to be approved.
(d) If, based on its review of an organization's annual report required under section 339 or on a different basis, the department determines that the organization is not operating the packaging and paper product program in a manner consistent with its approved plan, or the provisions of this section, the department may require the organization to implement amendments to the plan or corrective actions to the program. If the organization fails to implement a department-required amendment to the plan or corrective action to the program within the time frame for implementation required by the department, the department may take enforcement actions pursuant to section 343.
Section 335. Producer payments. In accordance with the provisions of this section and the regulations promulgated by the department, no later than thirty (30) days after the approval of the producer responsibility plan under section 334, and quarterly thereafter, a producer shall make payments to the organization to be deposited into the producer responsibility fund under section 337, based on the amount of each type of covered material sold, offered for sale or distributed for sale in or into the commonwealth by the producer and not managed under an approved alternative collection program. The department shall promulgate regulations under section 342 setting forth the manner in which such payments must be calculated. Payments must include a producer’s share of administrative, enforcement, education and infrastructure costs, and must reflect the per ton costs associated with collection, processing, transportation and recycling or disposal of covered materials; the costs associated with increasing access to reuse and recycling of covered materials; and other criteria as determined by paragraph (b) of section 342. In total, payments made by producers to the organization shall be sufficient to cover all expenditures under section 337.
Section 336. Annual reporting by producers. Beginning no later than 180 days after the approval of the producer responsibility plan under section 334, and in conjunction with payments made pursuant to section 335, a producer shall annually report to an organization the total tons of each type of packaging material sold, offered for sale or distributed for sale in or into the commonwealth by the producer in the prior calendar year and the methods for determining the reported amounts; the characteristics of that packaging material that are relevant to the fee adjustment criteria as determined by the department by rule in accordance with paragraph (b), section 342; and a list of all of the producer's brands associated with that packaging material.
Section 337. Producer responsibility fund; authorized expenditures. In accordance with the provisions of this section and the regulations promulgated by the department, the organization or coordinating body shall establish and manage a producer responsibility fund. The organization shall deposit into the fund all payments received from producers in accordance with section 335 and shall expend those funds for the following uses:
(a) To reimburse participating collectors in accordance with section 341.
(b) To fund the actual operating costs of the organization, which may not exceed the estimated operating costs indicated in the plan approved by the department pursuant to section 341, and which must be verified through a third-party audit paid for by the stewardship organization.
(c) To pay into the sustainable packaging trust all applicable fees required by the department under section 342(e).
(d) To make investments in education and infrastructure that support the recycling of covered material in the commonwealth, which are directly supported by producer payments for covered materials and must be approved by the department prior to any such expenditures, and which must incorporate input from producers, facilities, and participating collectors. Of the expenditures from the producer responsibility fund for a fiscal year, the organization shall ensure that not less than two (2) percent is used for education and not less than eight (8) percent is used for infrastructure described under this section and in compliance with the approved producer responsibility plan under section 334.
(1) The organization shall submit any proposed expenditure under this paragraph to the advisory committee for approval prior to making such expenditure.
(2) The department shall promulgate regulations setting approval criteria for the evaluation of proposed expenditures under this paragraph.
(3) The department shall approve or deny a proposed expenditure under this paragraph within 90 days of receipt of the proposal.
(e) To fulfill any other obligation required by the producer responsibility plan, including representative audits of covered materials from materials recovery facilities, solid waste facilities, and litter.
(f) Expenditures from the producer responsibility fund shall be used only for the uses described in this section; and shall not be used to pay penalties imposed under section 342, or any costs associated with litigation against the commonwealth.
(g) If for any reason secs 330 to 345 are repealed, or the producer responsibility organization ceases operation, the entire fund balance shall be transferred by the organization to the commonwealth of Massachusetts to be deposited into the sustainable packaging trust.
Section 338. Alternative collection program. In accordance with the requirements of this section and the regulations promulgated by the department, a producer or group of producers may develop and operate an alternative collection program to collect and manage a type or types of covered material sold, offered for sale or distributed for sale in or into the commonwealth by the producer or producers. A producer that manages a type of covered material under an approved alternative collection program through reduction, reuse, recycling or, where approved by the department, management of that covered material through incineration may wholly or partially offset the producer's payment obligations under the packaging and paper product program with respect to that same type of covered material only.
(a) Once a producer responsibility organization or coordinating body has a plan approved by the department for the creation of a packaging and paper products program, a producer or group of producers seeking to implement an alternative collection program shall submit a proposal for the establishment of that program to the department for approval. The department shall provide an opportunity for public review and comment on the proposal or deny the proposal within ninety (90) days of receipt. The department may approve an alternative collection program for a term of five (5) years and, at the expiration of such term, the producer or group of producers operating the program may submit an updated proposal to the department for approval.
(b) In determining whether to approve a proposed alternative collection program, the department shall consider:
(1) Whether the alternative collection program will provide convenient, free, statewide collection opportunities for the types of packaging material to be collected under that program.
(2) To what extent the alternative collection program intends to manage those types of covered material to be collected under the program through reduction, reuse for an original purpose, through recycling or through disposal at an incineration facility. The department may not approve an alternative collection program that proposes management of a covered material type through disposal at an incineration facility unless that covered material is not readily recyclable as defined by the department pursuant to section 342 and the program proposes a process to begin reuse or recycling of that type of covered material within a period of 3 years or less. The program shall ensure that a combined reduction and recycling rate is achieved of no less than sixty-five (65) percent by weight by July 1, 2027, no less than eighty (80) percent by weight by July 1, 2031, and no less than one hundred (100) percent by weight by July 1, 2035 of covered materials managed by the organization.
(3) Whether the education and outreach strategies proposed for the alternative collection program can be expected to significantly increase consumer awareness of the program throughout the commonwealth.
(4) How the alternative collection program intends to accurately measure the amount of each covered material type collected, reused, recycled, disposed at an incineration facility or otherwise managed under the program.
(5) To what extent the alternative collection program may disproportionately impact one community over another.
(c) A proposed modification to an approved alternative collection program must be submitted to the department for written approval. The department shall approve or deny a proposed modification based on application of the criteria described in paragraph (b).
(d) A producer or producers managing an approved alternative collection program shall report annually and concurrent with the reporting required by section 339 to the organization and to the department the following information:
(1) The total tons of each type of covered material collected, reused, recycled, disposed at an incineration facility or otherwise managed under the alternative collection program in the prior twelve months, including a breakdown of the total tons of each type of material to be credited to each producer participating in the alternative collection program.
(2) A list of the collection opportunities in the commonwealth for the types of covered material managed under the alternative collection program that were made available in the prior twelve months.
(3) A description of the education and outreach strategies implemented by the alternative collection program in the prior calendar year to increase consumer awareness of the program throughout the commonwealth.
(4) Progress toward reducing the disposed tons of the material.
(5) Any additional information required by the department.
(e) No later than thirty (30) days after the approval of an alternative collection program under this section, and quarterly thereafter, a producer or producers participating in an approved alternative collection program shall make a payment into the sustainable packaging trust for the department’s administrative costs of operating the program as determined by the department pursuant to section 342(f).
(f) If the department determines that an approved alternative collection program is not operating in a manner consistent with the proposal approved under this section or the provisions of this section, the department shall provide written notice to the producer or producers operating the alternative collection program regarding the nature of the deficiency, the actions necessary to correct the deficiency and the time by which such actions must be implemented. If the department determines that the producer or group of producers have failed to implement the actions described in the written notice within the required time frame, the department shall notify the producers or group of producers as well as the producer responsibility organization or coordinating body in writing that the producer or group of producers are ineligible to offset payment obligations under the packaging and paper product program based on covered material managed under the alternative collection program. The department may also bring enforcement actions against the producer or group of producers under section 343.
Section 339. Annual reporting by producer responsibility organization. The producer responsibility organization shall submit an annual report to the department on a regular schedule determined by the department for the preceding calendar year the program was in operation, which shall include:
(a) Contact information for the producer responsibility organization.
(b) A list of participating producers and the brands of products associated with those producers.
(c) The total amounts of each type of covered material sold, offered for sale or distributed for sale in or into the commonwealth by each participating producer as reported in accordance with section 336.
(d) As applicable, the total amount of each type of packaging material collected and managed by each participating producer through alternative collection programs approved by the department under section 338
(e) A complete accounting of payments made to and by the organization during the prior calendar year, as determined by an independent financial audit, as performed by an independent auditor, including information on how the organization determined the amount of such payments in conformance with regulations promulgated in accordance with section 342.
(f) A copy of the independent audit described in paragraph (e).
(g) A list of producers not participating in the program that are required to participate in the program and any product specific non-compliance, if known by the organization.
(h) A description of education and infrastructure investments made by the organization in prior calendar years and how those expenditures quantifiably increased access to recycling and reuse of covered materials throughout the commonwealth.
(i) An updated assessment schedule, as required under paragraph (h) of section 333.
(j) Results of representative inbound and outbound audits of recyclable material processed and sold by materials recycling facilities in the commonwealth, waste characterization of municipal solid waste being disposed of in the commonwealth, and litter audits.
(k) Progress toward any program goals determined in the producer responsibility plan.
(l) Any other information the department determines to be appropriate.
Section 340. Requirements for collector reimbursements. In accordance with the provisions of this section and the regulations promulgated by the department, a collector may elect to, but is not required to, participate in the program under secs. 330 to 345. All collectors shall provide collection and recycling of covered recyclables to all residential units and schools to which they provide service. The producer responsibility organization(s) or coordinating body shall reimburse participating collectors for incurred net costs associated with collection, processing, transportation and recycling or disposal of covered materials from all residential units and schools and shall ensure that, in the event no collector has elected to participate in the program in a given jurisdiction, convenient, equitable and free access to recycling services is available to residential units and schools within that jurisdiction. Participating collectors shall not charge fees to residential units or schools for reimbursable costs.
(a) To be eligible for reimbursement of costs under sections 341 as a participating collector, a collector must provide for the collection and recycling of covered materials that are generated by all residential and school generators using its service and that are readily recyclable as listed regularly by the department and that are not collected by an alternative collection program in accordance with section 338, must annually report to the organization or coordinating body all information necessary for the organization or coordinating body to determine the collector’s incurred net costs associated with collection, processing, transportation and recycling or disposal of recyclable material and of municipal solid waste.
(b) A collector shall report the information described in paragraph (a) to the organization or coordinating body on a form provided by or approved by the department.
(c) Two or more municipalities, a regional refuse district or association, a municipally owned processing facility or quasi-municipal entity that manages materials on behalf of a municipality may elect to jointly report to the organization and jointly receive reimbursement payments from the stewardship organization.
Section 341. Calculation and disbursement of collector reimbursements. In accordance with the provisions of this section and regulations promulgated by the department, the organization or coordinating body shall calculate and make reimbursement payments from the fund to participating collectors to reimburse those collectors for incurred costs associated with collection, processing, transportation and recycling of covered materials from all residential units and schools.
(a) In accordance with the regulations promulgated by the department pursuant to section 342, the organization or coordinating body shall determine the amount of reimbursements to participating collectors under this section based on the following information:
(1) Information provided by participating collectors to the organization or coordinating body in accordance with section 340 regarding the incurred net costs associated with collection, processing, transportation and recycling or disposal of recyclable material.
(2) Information provided to the department by facilities pursuant to paragraph (f) of section 342 and made available by the department to the organization or coordinating body, including the tons of readily recyclable material received by each facility from each collector, the tons of processed readily recyclable material sold by each facility, and any revenue received.
(3) Information obtained by the organization or coordinating body through the audits of facilities that process readily recyclable material generated in the commonwealth as required in the approved plan under section 333.
(4) Any other information specified by the department by rule.
(b) In accordance with regulations promulgated by the department, the organization or coordinating body shall use the information described in paragraph (a) to determine the total tons of each covered material type recycled by all collectors at each recycling establishment and the percentage of those total tons attributable to each participating collector. In the case of two or more municipalities that jointly send recyclable material to a recycling establishment, the organization shall assume that an equal amount of the jointly sent material is attributable to each resident of each municipality unless those municipalities by agreement identify an unequal per capita division of that jointly sent material for the purposes of this section.
Section 342. Administration and enforcement; rulemaking; fees; additional department responsibilities. The department shall administer and enforce this section and shall promulgate regulations as necessary to implement, administer and enforce this section. All regulations developed under this section shall be promulgated no later than six months after the passage of this act.
(a) The department shall develop a material cost differentiation system with which the producer responsibility organization or coordinating body will calculate material costs for collector reimbursements and producer payments. The material cost differentiation mechanism shall be based on the net cost of residential curbside collection or transfer station operation, on-site processing cost for each readily recyclable covered material types, management cost of non-readily recyclable covered materials, transportation cost for each covered material, and any other cost factors as determined by the department. Cost calculations shall take into consideration revenue generated from recyclable materials and must incentivize operational efficiency and contamination reduction.
(b) The department shall regularly publish a schedule of adjustments to be used by the producer responsibility organization in determining the amount of producer payments required under section 335. The schedule of adjustments shall apply to both readily and non-readily recyclable covered materials as defined in paragraph (c), and shall be used to individually adjust the fees assessed for each category of covered material as defined in paragraph (d). To minimize the extraction, manufacture, use, and end-of-life-management impacts of covered materials, the schedule of adjustments must be structured to incent:
(1) Covered material waste reduction.
(2) Reuse and lifespan extension of packaging.
(3) Use of readily recyclable materials to manufacture covered materials.
(4) Increased use of post-consumer recycled content material in covered materials so long as it does not increase the toxicity of the packaging material.
(5) Reduced use of toxic substances in covered materials, which raise the lifecycle environmental and societal costs of packaging.
(6) The use of the minimum quantity of packaging necessary to effectively deliver a product without damage or spoilage.
(7) Single-material packaging with clear recycling or disposal instructions for consumers, and other design characteristics that reduce contamination in recycling.
(8) Domestic processing of covered materials.
(9) Minimal life cycle impact of covered materials.
(c) The department shall regularly publish a list of readily recyclable materials, developed through coordination with the producer responsibility organization and material recovery facilities or other entities managing covered materials. The department shall provide for a transitional period between the time that a type of covered material is determined to be readily recyclable or to not be readily recyclable and the time that such determinations will be effective for the purposes of determining producer payments and collector reimbursements in accordance with secs. 330 to 345. The department may amend the list of readily recyclable materials as needed.
(d) The department shall coordinate with the producer responsibility organization to establish categories of covered materials. The covered material categories shall group covered materials that have similar properties such as chemical composition, shape, or other characteristics, including, but not limited to: rigid or flexible plastics made of polyethylene terephthalate (PET), polyethylene (PE), polyvinyl chloride (PVC), polypropylene (PP), polystyrene (PS), poly coated fiber, multi-layered plastics, other (BPA, Compostable Plastics, Polycarbonate and LEXAN); metal, such as aluminum, tin, and steel; paper; cartons; and glass.
(e) Beginning at the time that the producer responsibility organization is required to submit its first annual report to the department, the department shall submit to the producer responsibility organization, and quarterly thereafter, all costs incurred in the administration of the packaging and paper products program, including oversight, issuance of any regulations, planning, plan review, including proposed modifications to the plan under section 334, compliance, enforcement, and sufficient staff positions to administer the program. All funds shall be deposited in the sustainable packaging trust.
(f) Beginning at the time that a producer or producers managing an alternative collection program are required to submit the first annual report to the department pursuant to section 338(d), the department shall submit to the producer or producers, and quarterly thereafter, all costs incurred in the administration of the alternative collection program, including oversight, issuance of any regulations, planning, plan review, including proposed modifications to the plan under section 338, compliance, enforcement, and sufficient staff positions to administer the program. All funds shall be deposited in the sustainable packaging trust.
(f) Beginning one (1) year after passage of secs. 330 to 345, the department shall establish a toxic substances list, and may reference existing toxic or hazardous substances lists created by other state agencies and the Interstate Chemicals Clearinghouse. Any person may petition the department to add a chemical or chemical class substance to the list based on scientific evidence. The department shall review and update the list of toxic substances at least every three years.
(g) Upon request by the department, the organization shall provide a list of producers that are participating in the program and are compliant with the program's requirements and, if known to the organization, a list of producers that are not participating in the program and are not compliant with the program's requirements.
(h) Based on the information provided to the department under paragraph (g) and any other information considered by the department, the department shall make available on its publicly accessible website a regularly updated list of producers that the department has determined are compliant with all applicable requirements of this section and a list of producers and, where applicable, specific products that the department has determined are not compliant with all applicable requirements of this section. The department shall conduct outreach to retailers to ensure that retailers are aware of the information made available under this paragraph and any changes to that information.
Section 343. Enforcement. Within eighteen (18) months of the passage of this chapter, no producer, distributor, retailer, or other responsible party for a covered material shall sell, offer for sale, use, or distribute any covered material to any person in the commonwealth if the producer of such materials is not in compliance with all applicable parts of secs. 330 to 345.
(a) Any producer, distributor, retailer, or other responsible party that violates this section shall be subject to a fine for each violation and for each day that the violation occurs in an amount of not more than $200,000.
(b) The department may bring a civil action to enjoin the sale, distribution, or importation into the commonwealth of a covered material in violation of this part.
(c) The penalties provided for in this section may be recovered in a civil action brought in the name of the People of the Commonwealth of Massachusetts by the Commonwealth’s Attorney General. Any funds collected under this section in an action in which the Attorney General has prevailed shall be deposited in the sustainable packaging trust.
Section 344. Antitrust laws. A producer or producer responsibility organization, including a producer's or organization's officers, members, employees and agents that organize a packaging and paper product program or an alternative collection program under secs. 330 to 345, is immune from liability for the producer's or organization’s conduct under state laws relating to antitrust, restraint of trade, unfair trade practices and other regulation of trade or commerce only to the extent necessary to plan and implement the producer's or organization’s packaging and paper product program or alternative collection program consistent with the provisions of secs. 330 to 345.
Section 345. Proprietary information. Proprietary information submitted to the department pursuant to the requirements of secs. 330 to 345 or the rules adopted pursuant to secs. 330 to 345 that is identified by the submitter as proprietary information is confidential.
SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after section 35DDD the following section:
Section 35EEE. Sustainable packaging trust. There shall be established an expendable trust to be known as the sustainable packaging trust. Amounts deposited in the trust shall be used for department administration of the packaging and paper product program or an alternative collection program developed under secs. 330 to 345 of chapter 94 of the Massachusetts General Laws, and for other uses described in this section. 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 committee established in paragraph (c) of section 332 of Chapter 94 of the Massachusetts General Laws. Interest earnings on funds deposited in said trust shall be credited to and become part of the trust. Proceeds from the trust shall be expended by said commissioner without further appropriation to cover administrative costs for the implementation and enforcement of this section, including oversight, issuance of any regulations, planning, plan review, review of proposed modifications to a plan developed under sections 334 or 338 of Chapter 94 of the Massachusetts General Laws, compliance, enforcement, and adequate staff positions to administer the packaging and paper products program or an alternative collection program. Adequate department staff positions shall include but not be limited to five (5) FTE positions: one managerial position, three compliance and enforcement positions, and one administrative position.
(a) Any funds collected under section 343 of chapter 94 of the Massachusetts General Laws in an action in which the Attorney General has prevailed shall be deposited in the trust, and shall be used to administer grants and loans to businesses, non-profits and collectors, as defined in section 330 of chapter 94 of the Massachusetts General Laws, to reduce environmental impacts related to the collection and recycling of the covered material category for which the penalty was exacted.
(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.
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An Act relative to Stony Brook Reservation
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S573
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SD540
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:41:13.707'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:41:13.7066667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:18:29.0766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S573/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 573) of Michael F. Rush and Paul McMurtry for legislation relative to Stony Brook Reservation. Environment and Natural Resources.
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Notwithstanding any general or special law to the contrary the department of conservation and recreation shall study and make recommendations to restore and maintain Stony Brook Reservation located in the city of Boston and town of Dedham. Stony Brook Reservation is a historic landmark offering outdoor recreational facilities. Said report shall consider the improvements to recreational facilities and the maintenance, and rehabilitation of current state-owned land. Said report shall also identify long term expansion and rehabilitation of the current Stony Brook Reservation to maximize public use. Said report shall be filed with the joint committee on the environment, natural resources and agriculture and the house and senate committee on ways and means 90 days after the passage of this act.
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An Act relative to certain property to be used for conservation or recreational purposes
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S574
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SD568
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:40:40.62'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:40:40.62'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:12:32.87'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S574/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 574) of Michael F. Rush and Paul McMurtry for legislation 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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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 pesticide applications
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S575
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SD47
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:46:36.77'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:46:36.77'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S575/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 575) of Bruce E. Tarr for legislation relative to pesticide applications. Environment and Natural Resources.
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SECTION 1. The Massachusetts Pesticide Board, in consultation with the State Reclamation and Mosquito Control Board, is hereby authorized and directed to provide by regulation for alternative means by which private property may be designated for exclusion from wide area applications of pesticides and mosquito control applications of pesticides approved by the State Reclamation and Mosquito Control Board under 333 CMR 13.03, in lieu of the submission of a certified letter to the clerk of the municipality in which the property is located. Said alternatives shall include, but need not be limited to (i) allowing municipalities to include an “opt out” provision on their annual city or town census forms by which residents can elect to exclude their property from such applications of pesticides, and (ii) allowing residents to submit a hand-delivered letter to the municipal clerk that includes the name, address and telephone number (if any) of the person requesting the exclusion, the address of the property to be excluded, and a description of the types of pesticide application programs for which exclusion in requested. Said changes to 333 CMR 13.03 shall be implemented at least 90 days in advance of the commencement of the 2023 pesticide spraying season.
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An Act relative to the removal and disposal of waste oil
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S576
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SD48
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:47:52.177'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:47:52.1766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S576/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 576) of Bruce E. Tarr for legislation to remove and dispose of waste oil. Environment and Natural Resources.
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SECTION 1. Section 52A of chapter 21 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new paragraph:-
No entity shall accept waste oil or petroleum products for disposal from any automobile service station marina serving powered watercraft or retail outlet selling automobile lubricating oil in the Commonwealth unless and until such entity has submitted a plan for the removal and proper disposal of such materials with the Department of Environmental Protection, and a copy of said plan has been provided to any party providing such materials for disposal. Said plan shall include, but not be limited to; the methodology for collecting and transporting the waste oil, location where the waste oil is to be disposed, and procedures for processing and/or disposing of the waste oil. Any person or entity that violates the provisions of this section shall be liable for a civil penalty of not more than $1,000 for each offense.
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An Act providing for alternative DPA compliance
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S577
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SD49
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:48:22.883'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:48:22.8833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S577/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 577) of Bruce E. Tarr for legislation to provide for alternative designated port authorities compliance. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 5 the following section:-
SECTION 5A. Notwithstanding any general or special law to the contrary, the secretary or an appointee shall, in conjunction with the special waterfront development oversight commission, comment on and approve proposals for development in Designated Port Authorities that do not meet strict compliance with said requirements in chapter 21A or 91.
SECTION 2. There shall be established a special waterfront development oversight commission to comment on and approve all requests from municipalities for proposals to develop and built in Designated Port Areas.
The commission shall have 7 members. The commission shall include: 1 members to be appointed by the governor, 1 member to be appointed by the secretary of energy and environmental affairs; 1 member to be appointed by the president of the senate for a term of 2 years; 1 member to be appointed by the speaker of the house of representatives for a term of 2 years; 1 member to be appointed by the senate minority leader, for a term of 2 year; and 1 member to be appointed by the minority leader of the house of representatives. Each member of the commission shall be an expert with experience in the fields of environmental policy, public policy, municipal administration, or economic development. One of the members shall be appointed by the governor to serve as chairperson of the commission.
The commission shall develop criteria for applicants to seek alternative compliance with the laws and regulations governing Designated Port Authorities. Said regulations shall not allow for the approval of any project that in the opinion of the commission undermines the integrity of our environment. Any project approved by the commission shall be submitted to the clerks of the house of representatives and the senate and the chairs of ranking members of the joint committee on municipalities and regional government. Said project shall not commence without approval from the general court.
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An Act relative to maintaining adequate water supplies through effective drought management
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S578
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SD50
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:49:02.537'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:49:02.5366667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-09T16:44:04.2933333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:52:10.4433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S578/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 578) of Bruce E. Tarr and Sal N. DiDomenico for legislation to maintain adequate water supplies through effective drought management. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2A the following section:-
Section 2B. (a) There shall be established within the office the drought management task force. The secretary and the director of the Massachusetts emergency management agency shall appoint to the task force officials from state agencies and professional organizations with responsibility for areas likely to be affected by drought conditions; representatives of agencies that provide data used to assess drought conditions or that have the ability to respond to drought conditions; and public health and safety and environmental professionals, and may invite officials from federal agencies to participate. The secretary and the director shall have joint responsibility for coordinating the task force. The task force shall meet at least quarterly, but it shall meet at least monthly during drought. The task force shall be staffed by a director appointed by the secretary.
(b) The task force shall assist in collecting and assessing technical information, facilitating coordination and communication among task force members, agencies and the public, and provide recommendations to the secretary, the secretary of public safety and security and the governor on the level of drought and responses thereto. The task force shall also make recommendations for the end of drought, or reduction of the drought level.
(c) The secretary may order water conservation measures, including limits on nonessential outdoor water use, based on the severity of drought in drought regions to protect public health, safety or the environment. Such water conservation measures by the secretary shall apply uniformly to all water users within a drought region.
(d) Notwithstanding section 27C of chapter 29 of the General Laws or any ordinance, by-law, rule or regulation to the contrary, cities and towns shall enforce, water conservation restrictions issued by the secretary to the fullest extent permitted by law.
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An Act relative to setting NDMA levels
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S579
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SD192
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-12T09:49:32.26'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-12T09:49:32.26'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-09-07T13:15:19.8366667'}, {'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-10-10T14:18:29.2766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S579/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 579) of Bruce E. Tarr for legislation to set NDMA levels. Environment and Natural Resources.
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Notwithstanding any other general or special law to the contrary Section 7 of Chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end there of the following: -
Section 7: (a) For purposes of this section following actions shall be taken by the Department of Environmental Protection:
The Department of Environmental Protection shall review the Guidelines on chemicals found in drinking water tested in the Commonwealth for the purposes of classifying Massachusetts maximum containment levels for certain harmful compounds. The Department of Environmental protection shall, with respect to n-Nitrosodimethylamine, promulgate Massachusetts maximum containment levels, that shall be considered the maximum safe amount of n-Nitrosodimethylamine present in drinking water so that it does not negatively affect human health.
The Department of Environmental Protection shall, upon receiving reports of levels of n-Nitrosodimethylamine outside the Massachusetts maximum containment levels, provide a copy of those reports to the Clerks of the House and the Senate. The Department of Environmental Protection shall then treat any such level found above the Massachusetts maximum containment level as if it were a violation of the Department of Environmental Protection Drinking Water regulation 310 CMR 22.00. Pursuant to 310 CMR 22.01(2) the Department of Environmental Protection shall exercise its authority as it sees fit to enforce the standard of the Massachusetts maximum containment levels promulgated in this section with respect to n-Nitrosodimethylamine.
The Department of Environmental Protection shall provide a report annually to the clerks of the House and the Senate that details the total number of examinations done of drinking water in the Commonwealth, as well as how many of those were found to contain n-Nitrosodimethylamine levels above the Massachusetts maximum containment level.
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An Act establishing an internal special audit unit within the Cannabis Control Commission
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S58
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SD1900
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T14:49:43.153'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T14:49:43.1533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T12:26:46.3966667'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-22T11:42:08.68'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T16:42:02.9166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S58/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 58) of Michael O. Moore, Joanne M. Comerford and Donald R. Berthiaume, Jr. for legislation to establish an internal special audit unit within the Cannabis Control Commission. Cannabis Policy.
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SECTION 1. Section 14 of chapter 94G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “commission”, in line 12, the following words:- “, the internal special audit unit established under section 22”.
SECTION 2. Chapter 94G is hereby further amended by inserting after section 21 the following sections: -
Section 22. (a) There shall be within the commission, but not subject to the control of the commission, an internal special audit unit. The inspector general shall appoint a director of the special audit unit, who shall serve as an assistant inspector general, under the supervision of the inspector general, for a term of 4 years. The inspector general may remove the director for cause and designate an interim director until a new director is appointed. The director shall devote full time and attention to the duties of the office.
(b) The director may appoint and remove, subject to the approval of the inspector general, such persons as are necessary to perform the functions of the unit; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to any person holding such an appointment. The director may appoint and remove, subject to the approval of the inspector general, such expert, clerical or other assistants as the work of the unit may require. Employees shall devote their full-time and attention to their duties while employed with the unit and shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to section 4 of chapter 12A.
(c) The internal special audit unit shall monitor the quality, efficiency and integrity of the commission’s operations, including but not limited to, operations under chapters 94G and 94I, host community agreements, investigation and audit policies and procedures, organizational structure and management functions and seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public funds. The director shall have access to all records, reports, electronic data, devices, audits, reviews, papers, books, documents, recommendations and correspondence of the commission or any employee of the commission including, but not limited to, application materials and investigative, audit, and adjudicatory records.
The commission shall cooperate with the special audit unit in carrying out the special audit unit's duties, including granting access to persons, documents, databases, electronic data, devices and other materials deemed necessary by the director to conduct an investigation, audit or review.
Under the direction of the inspector general, the director of the internal special audit unit shall have all the powers of the inspector general pursuant to chapter 12A and any rule or regulation promulgated pursuant thereto.
(d) The internal special audit unit shall create and provide trainings to the commission, including but not limited to, trainings on conducting regulatory investigations and audits.
(e) The internal special audit unit shall coordinate and consult with the commission, the department of agricultural resources and the department of public health on efforts related to the implementation, administration and enforcement of this chapter, sections 116 to 123, inclusive, of chapter 128 and the provision of pesticide control pursuant to chapter 132B.
(f) The director shall report and refer instances of fraud, waste or abuse of public funds to the inspector general for investigation pursuant to section 8 of chapter 12A and the results of such an investigation may be referred to the attorney general or state auditor for appropriate action.
(g) The director shall submit to the inspector general, for inclusion in the annual report required by section 12 of chapter 12A, a report of the unit's activities for the preceding calendar year including, but not limited to, findings referred to the inspector general for investigation. The inspector general shall submit his annual report to the joint committee on cannabis policy on or before April 30 of each year. The commission shall make the annual report and all such reports from previous years available on the commission’s website.
Section 23. (a) The commission, the department of agricultural resources and the department of public health shall enter into a memorandum of understanding related to joint or coordinated implementation, consultation, collaboration, administration and enforcement actions under this chapter and sections 116 to 123, inclusive, of chapter 128 and the provision of pesticide control pursuant to chapter 132B.
(b) The memorandum of understanding shall include, but is not limited to, provisions relating to (i) joint or coordinated investigations and inspections; (ii) procedures and policies on the implementation of sections 116 to 123 of chapter 128; (iii) operational collaboration over the administration of pesticide use on hemp, marijuana and marijuana products pursuant to chapter 132B; and (iv) sharing of information.
(c) The commission, the department of agricultural resources and the department of public health shall review, and amend if necessary, the memorandum of understanding at least once every 2 years.
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An Act further protecting research animals
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S580
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SD238
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-12T15:36:24.38'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-12T15:36:24.38'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-09T07:24:02.9133333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-15T11:41:33.37'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-15T20:43:41.19'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-22T14:21:45.3933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-14T14:44:46.2266667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-16T12:11:09.88'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-09-19T06:18:31.58'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S580/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 580) of Bruce E. Tarr and Michelle M. DuBois for legislation to further protect research animals. Environment and Natural Resources.
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Section 1. Section 174D½ of chapter 140 of the General Laws is hereby amended by striking out the second through eighth paragraphs and inserting in place thereof the following 7 paragraphs:-
“Animal rescue organization”, an organization licensed by the department of agricultural resources under section 39A of chapter 129 and the rules and regulations promulgated under said section 39A.
“Product testing facility”, a facility that is using animals for the testing of consumer products, including, but not limited to, cosmetics, pesticides, medical devices, food additives, and ingredients for use in such products.
“Research institution”, any facility employing dogs or cats in scientific investigation, experiment or instruction or for the testing of drugs or medicines licensed by the commissioner of public health under section 174D.
(b) A research institution or product testing facility shall, after the completion of any testing or research involving a dog or cat that does not require euthanasia of the dog or cat upon the termination of the study, as defined and approved by the research or testing protocol, assess the health of the animal and determine whether the dog or cat is suitable for adoption. Except as otherwise provided in subsection (c), a research institution or product testing facility that intends to euthanize a dog or cat shall, before euthanizing the dog or cat, make a reasonable effort to offer the dog or cat to an animal rescue organization to facilitate the adoption of the dog or cat to a permanent adoptive home. A research institution or product testing facility shall enter into a collaborative agreement with an animal rescue organization to carry out this subsection; provided, however, that a research institution or product testing facility that is also a licensed operation under section 39A of chapter 129 may accomplish the goals of this section directly without entering into a collaborative agreement. Any such collaborative agreement shall provide that the parties make reasonable efforts to adhere to the principles of: (i) facilitating permanent adoptions and discouraging post-adoption transfers; and (ii) selecting adopters who demonstrate a willingness and ability to keep the animal permanently, provide an appropriate living space and accept lifelong responsibility for the animal’s care.
(c) A research institution or product testing facility shall not be required to offer a dog or cat to an animal rescue organization pursuant to subsection (b) if the dog or cat: (i) manifests a behavioral or medical defect that poses a risk to the health and safety of the public; (ii) manifests symptoms of a disease, injury, congenital or hereditary condition that adversely affects, or is likely to adversely affect, the health of the dog or cat; or (iii) the research institution or product testing facility provides the dog or cat to an employee of the research institution or product testing facility for purposes of keeping the dog or cat permanently. The attending veterinarian of the research institution or product testing facility or the attending veterinarian’s designee shall assess the suitability of the dog or cat and determine its availability for adoption under this section.
(d) A research institution or product testing facility that is required to offer dogs and cats for adoption under this section shall not owe a duty of care to an animal rescue organization that accepts a dog or cat or to a person or entity that adopts such dog or cat, through such organizations. A research institution or product testing facility shall not be responsible or liable for any injury, property damage or other damage or loss that results from the adoption or placement of a dog or cat pursuant to this act.
(e) Research institutions and product testing facilities shall, annually, report to the department of agricultural resources data on the use and disposition of dogs and cats after the completion of any testing or research including, but not limited to, the number of dogs and the number of cats who were (i) euthanized upon the termination of the study, as defined and approved by the research or testing protocol; (ii) determined to be suitable and unsuitable for adoption and, if determined to be unsuitable for adoption, the reason why and their disposition; (iii) offered for adoption through a collaborative agreement with an animal rescue organization; and (iv) offered for adoption directly, without entering into a collaborative agreement with an animal rescue organization. The department shall, annually, make such data publicly available, in an electronic format.
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An Act relative to the Salisbury Beach Preservation Trust Fund
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S581
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SD408
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:25:34.5'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:25:34.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S581/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 581) of Bruce E. Tarr for legislation relative to the Salisbury Beach Preservation Trust Fund. Environment and Natural Resources.
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SECTION 1. Subsection (a) of section 35PP of chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in the first sentence, the second time they appear, the words “Salisbury Beach” and inserting in place thereof the following words:- the Salisbury Beach dune and beach system, including public and private property. All revenues credited under this section shall remain in said Salisbury Beach Preservation Trust Fund to: acquire sand for the restoration and stabilization of Salisbury Beach and the protective dune system abutting Salisbury Beach; acquire, install and maintain dune stabilization plants and sand fencing; fund the costs of beach nourishment and dune stabilization and restoration projects in part or in their entirety or by providing local or state matching funds for coastal resilience projects by other governmental or nongovernmental entities.
SECTION 2. Said subsection (a) of said section 35PP of said chapter 10 is hereby further amended by striking out the words “at any point during a fiscal year”.
SECTION 3. Subsection (b) of said section 35PP of said chapter 10 is hereby amended by striking out the figure “$3” and inserting in place thereof the following figure:- $4.
SECTION 4. Said subsection (b) of said section 35PP of said chapter 10 is hereby further amended by inserting after the first sentence the following sentence:- This fee shall be subject to review by the DCR from time to time, in increments of not less than 3 years, and adjusted to reflect inflation.
SECTION 5. Said section 35PP of said chapter 10 is hereby further amended by adding the following 2 subsections:-
(c) DCR shall compile an annual report, which shall include but not be limited to, projects undertaken, expenditures made, and income received by the fund, detailed, itemized summaries of executed projects, and visitor traffic data. The report shall be submitted to the clerks of the senate and house of representatives and to the house and senate committees on ways and means and posted electronically on the Department of Conservation and Reservation’s website not later than December 31.
(d) On a biennial basis, DCR shall update the Salisbury Beach State Reservation Barrier Beach Management Plan, which will include a long-term disaster prevention and recovery plan, as well as an operational plan for the day-to-day management and maintenance of the beach.
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An Act relative to sustaining natural and working lands
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S582
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SD416
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:55:30.963'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:55:30.9633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S582/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 582) of Bruce E. Tarr for legislation relative to sustaining natural and working lands. Environment and Natural Resources.
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SECTION 1. Chapter 21N is hereby amended by inserting at the following new section:-
SECTION 12. (a) The executive office of energy and environmental affairs shall develop policies, programs, grants, loans and incentives to meet the statewide natural and working lands goal as identified in the plan, including, but not limited to, a communities for a sustainable climate program. The executive office of energy and environmental affairs shall apply and disburse monies and revenues as provided in this section.
(b) The secretary shall establish a communities for a sustainable climate program. The purpose of the program shall be to provide technical and financial assistance, including incentives, grants and loans, to municipalities that qualify as sustainable communities under this section. These incentives, grants and loans shall be used to finance all or a portion of the costs of designing, constructing and implementing actions and strategies to reduce greenhouse gas emissions and increase carbon sequestration on natural and working lands.
(c) To qualify as a community for a sustainable climate, a municipality or other local governmental body shall comply with eligibility requirements developed by the secretary or his designee. Eligibility requirements are intended to incentivize communities to adopt policies and practices that protect, enhance, and restore carbon stocks on natural and working lands beyond business as usual. The secretary shall set eligibility requirements from among, but not limited to, the following: (1) adopt a municipal tree retention and replacement by-law or ordinance; (2) adopt natural resource protection zoning, as defined by the secretary; (3) collect a reasonable fee to be used exclusively for measures to remedy and offset the generation of greenhouse gases caused by activities that convert forest, wetlands, and agricultural lands for development at a size and scale determined by the secretary; (4) adopt a municipal transfer of development rights by-law or ordinance; and (5) adopt and implement a municipal procurement policy for municipal purchasing and substituting wood products for municipal operations and assets, where feasible, including but not limited to, concrete and steel in buildings. The secretary may waive specified requirements based on a written finding that, due to unusual circumstances, a municipality cannot reasonably meet the requirements and that the municipality has committed to alternative measures that advance the purposes of the communities for a sustainable climate program as effectively as adherence to the requirements. The Secretary may adopt alternative eligibility requirements that provide opportunities to achieve the goals of the program.
(d) The secretary may develop policies to provide for consistency and predictability and to help offset the impacts of municipal ordinances and by-laws upon the private sector under the communities for a sustainable climate program that may be adopted by participating communities, including, but not limited to, grants, loans, incentives and tax credits and expedited permitting for practices and strategies consistent with the goals to reduce greenhouse gas emissions and increase carbon sequestration on natural and working lands.
(e) Funding for the communities for a sustainable climate program in any single fiscal year shall be available, without the need for further appropriation, from sources including, but not limited to: (1) the global warming solutions trust fund established in section 35GGG of chapter 10 of the general laws; and (2) land management and restoration grant, loan and incentive programs administered by the executive office of energy and environmental affairs.
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An Act relative to liability for release of hazardous materials
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S583
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SD420
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:02:25.177'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:02:25.1766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S583/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 583) of Bruce E. Tarr for legislation relative to liability for release of hazardous materials. Environment and Natural Resources.
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SECTION 1. Section 2 of chapter 21E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Condition of substantial release migration” and inserting in place thereof the following definition:-
“Condition of substantial release migration”, (a) a release of oil or hazardous material that is likely to be transported through environmental media where the mechanism, rate or extent of transport has resulted in or, if not promptly addressed, has the potential to result in: (1) health damage, safety hazards or environmental harm; or (2) a substantial increase in the extent or magnitude of the release, the degree or complexity of future response actions, or the amount of response costs.
(b) Conditions of substantial release migration shall include, but not be limited to:
(1) releases that have resulted in the discharge of separate-phase oil or separate-phase hazardous material to surface waters, buildings or underground utilities or conduits;
(2) releases to the ground surface or to the vadose zone that, if not promptly removed or contained, are likely to significantly impact the underlying groundwater or significantly exacerbate an existing condition of groundwater pollution;
(3) releases to the groundwater that have migrated or are expected to migrate more than 200 feet per year;
(4) releases to the groundwater that have been or are within 1 year likely to be detected in a public or private water supply well;
(5) releases to the groundwater that have been or are within 1 year likely to be detected in a surface water body, wetland or public water supply reservoir;
(6) releases to the groundwater or to the vadose zone that have resulted in or have the potential to result in the discharge of vapors into a school, daycare or child care center or occupied residential dwelling at concentrations greater than indoor air threshold values for the evaluation of a vapor intrusion pathway as established by the department; provided, that conditions that indicate a potential discharge of vapors into a school, daycare or child care center or occupied residential dwelling shall include, but shall not be limited to:
(i) soil or soil gas impacted with 1 or more volatile organic compounds within 6 feet, measured horizontally from the wall of the structure, and within 10 feet measured vertically from the basement floor or foundation at concentrations that are likely to discharge vapors into the structure;
(ii) 1 or more volatile organic compound in the groundwater exceed the applicable Groundwater Category GW-2 Standard within 30 feet of the structure, and the average annual depth to groundwater in that area is 15 feet or less;
(iii) volatile light non-aqueous phase liquid is present in a groundwater monitoring well, excavation, or subsurface depression within 30 feet of the structure at a measured thickness equal to or greater than 1/8 inch or .01 feet; or
(iv) evidence of vapor migration along preferential pathways at a location that is likely to result in the discharge of vapors into the structure; or
(7) any release for which a notification has been required by the department.
(c) Any person required to notify the department pursuant to section 7 shall notify the department of such condition upon obtaining knowledge thereof and shall take any appropriate and feasible response actions as may be required by the department. Notwithstanding any general or special law to the contrary, the department shall not use any other definition of condition of substantial release migration.
SECTION 2. Said section 2 of said chapter 21E, as so appearing, is hereby further amended by inserting, after the definition of “Contain”, the following definition:-
“Critical exposure pathways”, those routes by which oil or hazardous material released at a disposal site are transported, or are likely to be transported, to human receptors via: (i) vapor-phase emissions of oil or hazardous materials into the living or working space of a pre-school, daycare, school or occupied residential dwelling at concentrations greater than indoor air threshold values for the evaluation of a vapor intrusion pathway as established by the department; or (ii) ingestion, dermal absorption or inhalation of measurable concentrations of oil or hazardous materials from drinking water supply wells located at and servicing a pre-school, daycare, school or occupied residential dwelling.
SECTION 3. Section 5C of said chapter 21E, as so appearing, is hereby amended by adding the following subsection:-
(l) A department audit of response actions at the site or portion of the site owned or operated by an eligible person, as delineated in a waste site cleanup activity opinion, for which a permanent solution or remedy operations status exists and is maintained or has been achieved and maintained in accordance with such opinion, which (i) identifies no violations of this chapter and regulations promulgated thereto, or (ii) if such violations are identified, such violations are promptly corrected, shall be deemed conclusive evidence that the eligible person has no liability, and the department may take no action as to such eligible person, for any releases at any property not previously identified as part of the site or any other disposal site. Notwithstanding any general or special law to the contrary, the department shall not promulgate regulations relative to this subsection.
SECTION 4. (a) Notwithstanding any general or special law to the contrary, no person shall be liable for any substantial release migration at any property not previously identified as part of a disposal site or any other disposal site if the department of environmental protection:
(i) has, at any time before the effective date of this act, performed an audit of response actions at a site, or a part of a site; and
(ii)(1) has determined that a permanent solution or remedy operations status was achieved and maintained in accordance with a waste site cleanup activity opinion or any other notification to such person; or (2) has notified such person that a violation of chapter 21E of the General Laws or any regulation was identified and promptly corrected.
(b) The department of environmental protection shall have no defense in any action or claim, nor shall the department present evidence to contest liability of an eligible person, upon a showing that a permanent solution or remedy operations status was achieved and maintained.
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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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S584
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SD686
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T17:55:56.737'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T17:55:56.7366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-02T09:46:20.4966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S584/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 584) of Bruce E. Tarr and Patrick M. O'Connor for legislation to establish a special commission to scope 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, 2023.
(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, 2024
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An Act to protect coastal resources
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S585
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SD687
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T17:57:32.427'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T17:57:32.4266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S585/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 585) of Bruce E. Tarr for legislation 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, 2032, unless otherwise repealed, modified or extended.
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An Act to create a Merrimack River Collaborative
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S586
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SD701
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T18:42:15.793'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T18:42:15.7933333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-03-31T13:23:29.9033333'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 586) of Bruce E. Tarr for legislation relative to create a Merrimack River Collaborative. Environment and Natural Resources.
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SECTION 1. There shall be a Merrimack River Collaborative to serve as a coordinating entity for efforts associated with the health of the Merrimack River in order to monitor, improve, and restore water quality. The Commission shall employ methods and strategies to advance the following goals:
(i) Convene and maintain a working group associated with addressing water quality in the Merrimack River
(ii) Improve public education and access to information regarding Merrimack River water quality
(iii) Advance the standardization and availability of water quality monitoring data along the river
(iv) Advance knowledge and monitoring efforts of known and emerging pollutants
(v) Identify and support legislation and priority implementation projects to improve water quality
(vi) Connect MRC members and associated communities with grant and other funding opportunities aligned with MRC goals
The Merrimack Valley Planning Commission shall be charged with managing and overseeing the Collaborative in collaboration with the Merrimack River Watershed Council and the Northern Middlesex Council of Governments. The Collaborative shall consist of members or designees that may include, but will not be limited to, representation from the following: Federal and State legislative offices, Municipal Mayors, Town Managers, and Town Administrators as well as their Boards of Health and Conservation Commissions representing communities along the Merrimack River, State entities including the Department of Environmental Protection, Department of Public Health, and the Massbays National Estuary Partnership, Non-Governmental Organizations including the Alliance of Climate and Environmental Stewards, Groundwork Lawrence, and Lowell Parks and Conservation Trust, and local Universities including University of Massachusetts Lowell and Northern Essex Community College. The Commission shall solicit membership from analogous organizations with similar missions along the New Hampshire component of the Merrimack River.
Appointments to the Collaborative shall be made not later than 30 days after the effective date of this act. Each proposed member organization shall be approved by the designated convening bodies. Following approval, the chief executive officer of each member organization shall appoint themselves or a representative to serve as a member of the Collaborative. Members shall not receive compensation for their services associated with Merrimack River Collaborative.
The Collaborative may select and contract with independent consultants to assist with leading and managing public hearings, collecting, and analyzing data and information, completing yearly reports, and any other activities to achieve the goals of the Collaborative.
The Collaborative may conduct a series of public hearings to receive testimony and collect data. The hearings shall be held in geographic locations bordering the Merrimack River.
The Collaborative shall produce an annual report. This report shall address accomplishments to date, outline forthcoming efforts as related to the Collaborative’s overarching goals, and make recommendations regarding appropriate measures to ensure the present and future health of the Merrimack River. The Collaborative shall submit an annual report documenting its accomplishments and forthcoming efforts no later than December 15th of each year, beginning on December 15th, 2023.
This report, together with any proposed legislation, shall be submitted to the clerks of the Senate and House of Representatives. The first meeting of the Collaborative shall be no later than May 1st, 2023.
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An Act creating the commercial fisheries offshore wind mitigation fund
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S587
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SD2310
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:36:25.903'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:36:25.9033333'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 587) of Bruce E. Tarr for legislation to create the commercial fisheries offshore wind mitigation fund. Environment and Natural Resources.
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Chapter 10 of the general laws as appearing in the 2020 official edition is hereby amended by inserting after section 35PPP the following new section:-“Section 35QQQ
(a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Commercial Fisheries Offshore Wind Mitigation. The purpose of this fund shall be to maintain seafood industry resiliency and expand opportunity by developing new fisheries; enhancing existing fisheries; introducing new and efficient technologies; and modernizing physical infrastructure to ensure the seafood industry’s competitiveness in a global marketplace, all of which will upgrade energy efficiency, lower carbon footprints, and improve operational efficiencies. The fund shall consist of: (i) any revenues or other financing sources directed to the fund by appropriation; (ii) bond revenues or other monies authorized by the general court and specifically designated to be credited to the fund; (iii) any income derived from the investment of amounts credited to the fund or repayment of loans from the fund; (iv) funds from public and 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 (v) all other amounts credited or transferred into the fund from any other source. The executive office of energy and environmental affairs shall seek to maximize fund revenues through federal monies, matching funds and grants. The fund shall be administrated by the commissioner of fish and game in consultation with the commercial fisheries commission established by section 79 of chapter 179 of the acts of 2022. Any unexpended balances in the fund at the end of the fiscal year shall not revert back to the General Fund and shall be available for expenditures in the subsequent fiscal year.
(b) Annually, not later than December 1, the commissioner of fish and game shall report on 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. The report shall include an accounting of 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
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An Act studying the effect of per- and polyfluoroalkyl substances in commercial products
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S588
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SD894
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T16:04:46.813'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T16:04:46.8133333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:52:53.1'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-29T10:04:27.95'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-04-13T11:59:07.9766667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-01T11:51:37.65'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-10-05T10:02:58.2766667'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 588) of John C. Velis and Kelly W. Pease for legislation to study the effect of per- and polyfluoroalkyl substances in commercial products. Environment and Natural Resources.
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SECTION 1. used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS chemical” or “PFAS”, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
“Agricultural products”, any vegetable, fruit, dairy, meat, fish, and poultry, and agricultural inputs, such as, but not limited to, feed, water, fertilizer, pesticides, sold commercially in Massachusetts.
“Food products”, any beverage, including alcoholic beverages, beverage or food additives, or food product sold commercially in Massachusetts.
SECTION 2. The Massachusetts Department of Environmental Protection shall procure or otherwise employ an external research organization, which has the capacity to study per- and polyfluoroalkyl substances and the effect PFAS has on agricultural products and other food products; provided, that the research organization shall have: (1) extensive experience with a wide variety of agricultural products and environmental matrices, including, but not limited to, plants and animals; (2) a current QAPP (“Quality Assurance Project Plan”) through the United States Environmental Protection Agency; (3) current sampling and chain of custody protocols; (4) experience handling complex agricultural matrices; and (5) access to state-of-the art mass spectrometers. The study shall include findings on the levels of PFAS found in: (1) in agricultural and food products sold in Massachusetts stores; (2) locally sourced agricultural products; and (3) agricultural inputs including, but not limited to, feed, water, fertilizer, and pesticides. The Massachusetts Department of Environmental Protection shall make said report publicly available on the Department’s website; provided further, that the report shall be broken down into laymen’s terms for reading digestibility.
The commissioner shall file a progress report in writing of the findings, including food and agricultural sources of contamination, within 365 days of the passage of this act; provided, that
the report shall be filed with the house and senate committees on ways and means and the joint committee on environment, natural resources, and agriculture on or before August 31, 2024.
SECTION 3. This act shall take effect no later than 180 days after passage of this act.
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An Act to assist municipal and district ratepayers
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S589
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SD950
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T17:00:25.963'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T17:00:25.9633333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T12:43:34.3866667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T12:26:53.3566667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:32:55.7566667'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-05-31T13:30:29.6666667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-09-05T11:54:33.1533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-10T12:23:07.5033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S589/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 589) of John C. Velis and Angelo J. Puppolo, Jr. for legislation relative to the costs imposed upon the municipal and district ratepayers due to public drinking water, wastewater and stormwater systems capital upgrades. Environment and Natural Resources.
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SECTION 1. Whereas, public drinking water, wastewater and stormwater systems are in need of major capital upgrades in order to continue to protect public health, safety and the environment; and
Whereas, the costs for these infrastructure upgrades are significant and increasing each year; and
Whereas, local ratepayers must pay for most of these upgrades as the Federal and State governments have reduced their level of funding assistance to cities, towns and districts; and
Whereas, many of the costs for water infrastructure improvements are due to regulatory demands by Federal and State environmental agencies; and
Whereas, Federal and State regulatory demands on cities, towns and districts do not consider compliance costs or assess the value of the benefits derived; and
Whereas, it is in the public interest to spend local funds wisely and to insure the maximum benefits are derived for each dollar expended.
Notwithstanding the provisions of section 27C of chapter 29 of the General Laws, as most recently amended by section 24 of chapter 71 of the acts of 1993, or any other general or special law to the contrary, any proposal initiated by the executive office of energy and environmental affairs and its agencies in the form of a rule, regulation or so-called guidance document or policy resulting in the imposition of additional cost to a city or town shall be termed a “local mandate”. Local mandates shall include but not be limited to any executive office of energy and environmental affairs initiated rule, regulation or so-called guidance document or policy that: (1.) requires any city or town to undertake any service or direct or indirect cost obligation, or to establish, expand or modify any existing activity in such a way that results in the expenditure of funds or resources, or results in the diversion of funds or resources from any existing activity. For the purposes of this section, the term “existing activity” shall include any program or service lawfully undertaken by any city or town under the authority of any law, special law, administrative rule or regulation or city or town charter, or; (2.) relieves the state or a county from providing a service or program so that any city or town instead incurs the direct or indirect cost of such service or program.
SECTION 2. No proposal initiated by the executive office of energy and environmental affairs in the form of a rule or regulation, or any so-called guidance document or policy, shall become effective until a regulatory impact statement has been completed, made public during the hearing process described in chapter 30A of the General Laws and filed with the secretary of state. The regulatory impact statement shall: (a) identify the problem, issue or deficiency addressed by the proposal; (b) identify the methodology or approach, including identification of expert information and analysis used to address the problem, issue or deficiency; (c) identify stakeholders who will be affected and to what extent by the proposal; (d) identify when such proposal will become effective, when such proposal will be changed, if known, and how and when the proposal will be reviewed in the future, if at all; (e) identify and describe the immediate and long term financial impacts of the proposal on all stakeholders, including the agency or entity issuing the proposal, any affected private party or entity, the state, the cities and towns, and the general public. Such financial impact statement shall consider administrative costs, permitting costs, enforcement costs, capital costs, internal compliance costs, and indirect costs, if any; (f) identify the fiscal effect on the public and private sectors for the first and second year of the proposal's existence, and provide a projection of fiscal impact over the first five years of the proposal's existence or, in the case of proposals affecting permits issued by the executive office of energy and environmental affairs, the term of the permit; and (g) identify and describe, specifically, the benefits of the proposal including, where possible, the financial value of these benefits. The secretary of administration and finance shall adopt regulations to further define and implement the use of regulatory impact statements in said executive offices' and agency's rulemaking.
SECTION 3. The executive office of energy and environmental affairs shall maintain a notification list of stakeholders in their proposals and who may request preliminary notification of such proposals, such request renewed annually by persons or groups in December. No later than thirty days prior to the notice of hearing described above the agency shall send a preliminary notification of the proposal to each stakeholder who has requested preliminary notification of the proposal and to the Joint Legislative Committee on Natural Resources, the Joint Legislative Committee on Local Affairs, the House and Senate Committees on Ways & Means, the Office of the State Auditor and the Massachusetts Municipal Association.
The preliminary notification of the proposal shall (a) identify the proposal to be noticed for hearing and the scope of the proposal, (b) provide the statutory authority for such proposal, and (c) identify the person within said executive office or agency responsible for the proposal and who can be contacted for more information.
SECTION 4. No proposal initiated by the executive office of energy and environmental affairs in the form of a rule, regulation, so-called guidance document or policy shall become effective until said executive office and agency have complied with the provisions of Massachusetts Administrative Procedures Act established under the provisions of Chapter 30A of the General Laws. Any entity claiming to be aggrieved by lack of compliance with said chapter by said executive office or agency shall be permitted to file a petition for relief with the superior court.
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An Act to allow students access to prescription cannabis
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S59
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SD1699
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:55:13.603'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:55:13.6033333'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 59) of Susan L. Moran for legislation to allow students access to prescription cannabis. Cannabis Policy.
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Section 2 of chapter 94G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the word “facility”, in line 41, the following:-
“; provided, however, that this paragraph shall not apply to possession or consumption of medical use marijuana as defined in chapter 94I; or (4) authorize the possession or consumption of marijuana or marijuana accessories”.
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An Act prohibiting the sale of fur products
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S590
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SD2266
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T14:43:28.42'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T14:43:28.42'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-20T16:37:09.18'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-28T14:58:44.0166667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-28T14:58:44.0166667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-28T14:58:44.0166667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-28T14:58:44.0166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-03T11:26:57.7466667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-03T11:26:57.7466667'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-04-24T09:58:06.3766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-04-24T09:58:06.3766667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-09-06T10:56:47.2533333'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 590) of John C. Velis, Jack Patrick Lewis, Vanna Howard, Steven George Xiarhos and other members of the General Court for legislation to prohibit the sale of fur products. Environment and Natural Resources.
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SECTION 1. New Chapter 110I to Title XV Regulation of Trade of the General Laws is hereby added:
Chapter 110I: Trade of Fur Products
§ 1. Terms defined
For the purposes of this chapter the following terms have the following meanings
(a) “Fur”, any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.
(b) (1) “Fur product”, any article of clothing or covering for any part of the body, or any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys, and home accessories and décor, that is made in whole or part of fur.
(2) “Fur product” does not include any of the following:
(i) An animal skin or part thereof that is to be converted into leather, or which in processing will have the hair, fleece, or fur fiber completely removed;
(ii) Cowhide with the hair attached thereto;
(iii) Lambskin or sheepskin with the fleece attached thereto; or
(iv) The pelt or skin of any animal that is preserved through taxidermy or for the purpose of taxidermy.
(c) “Non-profit organization”, any corporation that is organized under 26 U.S.C. § 501(c)(3) that is created for charitable, religious, philanthropic, educational, or similar purposes.
(d) “Taxidermy”, the practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in a lifelike form.
(e) “Ultimate consumer”, an individual who buys a fur product for their own use, or the use of another, but not for resale or trade.
(f) “Used fur product”, a fur product that has been worn or used by an ultimate consumer.
§ 2. Fur Product Prohibition; exemptions; penalties
(a) Notwithstanding M.G.L.A. 266 § 79 or any other provision of law, it is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product in the Commonwealth of Massachusetts. For purposes of this section, the sale of a fur product shall be deemed to occur in the Commonwealth of Massachusetts if: (1) the buyer takes physical possession of the fur product in Massachusetts; or (2) the seller is located in the Commonwealth of Massachusetts.
(b) The prohibitions outlined in this Section do not apply to the sale, offer for sale, displaying for sale, trade, or distribution of:
(1) a used fur product by an individual (excluding a retail transaction), non-profit organization, or second-hand store, including a pawn shop;
(2) a fur product used for traditional tribal, cultural, or spiritual purposes by a member of a federally recognized or state-recognized Native American tribe; or
(3) a fur product where the activity is expressly authorized by federal or state law.
(c) A person convicted of a violation of this Chapter shall be fined no less than five hundred dollars nor more than five thousand dollars per fur product.
SECTION 2. Severability.
If any section, subsection, or paragraph of this Act shall be held unconstitutional either on its face or as applied, the unconstitutionality of the section, subsection, or paragraph, or of the application thereof, shall not affect the other sections, subsections, and paragraphs of this Act, and the applications thereof; and to that end the sections, subsections, and paragraphs of this Act are intended to be severable.
SECTION 3. Effective date.
This Act shall take effect no later than 180 days following the passage of this Act.
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An Act relative to communications between health insurers and patients
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S591
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SD175
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:10:31.393'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:10:31.3933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S591/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 591) of Michael D. Brady for legislation relative to communications between health insurers and patients. Financial Services.
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Section 10 CHAPTER 176O, as most recently amended by Chapter 224 of the Acts of 2012 is hereby amended by adding the following paragraph at the end thereof:
(d) No carrier or its representatives may initiate communications with its insured members or their families regarding end of life treatment options or emergency code status responses for a patient without that patient’s treating physician’s knowledge or presence.
(e) No accountable care organization or any other entity that contracts to provide health care services to patients on a contractual basis which requires Division of Insurance certification may initiate communications with its patients or their families regarding end of life treatment options or emergency code status responses for a patient without that patient’s treating physician’s knowledge or presence.
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An Act clarifying Massachusetts health coverage for ex-spouses
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S592
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SD1977
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-20T11:16:50.727'}
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[{'Id': None, 'Name': 'Jo Ann Spera', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T11:16:50.7266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S592/DocumentHistoryActions
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Bill
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By Mr. Brownsberger (by request), a petition (accompanied by bill, Senate, No. 592) of Jo Ann Spera for legislation to clarify Massachusetts health coverage for ex-spouses. Financial Services.
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Section 5A of Chapter 176G of the General Laws, as appearing in the official 2020 edition, is amended by adding the following subsection:
(f) This section shall apply to employees who are based in a Massachusetts office of their employer and are Massachusetts residents, regardless of the location in which the employer is based.
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An Act relative to mental health providers
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S593
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SD1366
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T09:58:13.09'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T09:58:13.09'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S593/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 593) of Nick Collins for legislation relative to mental health providers. Financial Services.
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SECTION 1. Section 22 of Chapter 32A is hereby amended by adding at the end thereof the following:- or a licensed occupational therapist or occupational therapy assistant.
SECTION 2. Section 47B of Chapter 175 is hereby amended by adding at the end thereof the following:- or a licensed occupational therapist or occupational therapy assistant.
SECTION 3. Section 8A of Chapter 176A is hereby amended by adding at the end thereof the following:- or a licensed occupational therapist or occupational therapy assistant.
SECTION 4. Section 4A of Chapter 176B is hereby amended by adding at the end thereof the following:- or a licensed occupational therapist or occupational therapy assistant.
SECTION 5. Section 4M of Chapter 176G is hereby amended by adding at the end thereof the following:- or a licensed occupational therapist or occupational therapy assistant.
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An Act addressing duplicative notifications of UR approvals (administrative simplification)
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S594
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SD1409
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:04:58.023'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:04:58.0233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S594/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 594) of Nick Collins for legislation to address duplicative notifications of UR approvals (administrative simplification). Financial Services.
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SECTION 1. Section 12 of Chapter 176O of the General Laws is hereby amended by striking out subsections (b) and (c) and inserting in place thereof the following subsections:-
(b) A carrier or utilization review organization shall make an initial determination regarding a proposed admission, procedure or service that requires a determination within two working days of obtaining all necessary information. For purposes of this section, "necessary information" shall include the results of any face-to-face clinical evaluation or second opinion that may be required. In the case of a determination to approve an admission, procedure or service, the carrier or utilization review organization shall notify the provider rendering or requesting the service within 24 hours. In the case of an adverse determination, the carrier or utilization review organization shall notify the provider rendering or requesting the service within 24 hours, and shall provide written or electronic confirmation of the notification to the insured and the provider within one working day thereafter.
(c) A carrier or utilization review organization shall make a concurrent review determination within one working day of obtaining all necessary information. In the case of a determination to approve an extended stay or additional services, the carrier or utilization review organization shall notify the provider rendering or requesting the service within one working day. In the case of an adverse determination, the carrier or utilization review organization shall notify the provider rendering or requesting the service within 24 hours, and shall provide written or electronic notification to the insured and the provider within one working day thereafter. The service shall be continued without liability to the insured until the insured has been notified of the determination.
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An Act to strengthen the control of contagious and infectious diseases in the Commonwealth
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S595
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SD1416
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T19:27:45.45'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T19:27:45.45'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-27T12:19:39.33'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:36:14.6466667'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 595) of Joanne M. Comerford and Mindy Domb for legislation to strengthen the control of contagious and infectious diseases in the Commonwealth. Financial Services.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding after section 7 the following section:-
Section 7A. (a) The commissioner is hereby authorized to designate contagious and infectious diseases of heightened public health importance.
(b) Insurance plans, health coverage, and medical assistance and medical benefit programs shall not charge cost sharing or require utilization review for any health care service for the prevention, diagnosis, or treatment of a disease designated under subsection (a), for coverage subject to section 17S of chapter 32A, section 10R of chapter 118E, section 47UU of chapter 175, section 8VV of chapter 176A, section 4VV of chapter 176B, section 4NN of chapter 176G, or section 14 of chapter 176I. For purposes of this section, cost sharing shall include payments required from a consumer in connection with the provision of a health care service, including but not limited to co-payments, coinsurance, and deductibles. Utilization review shall include prior authorization, step therapy, or any other protocol that could restrict or delay the provision of any health care service.
(c) Upon the designation of a contagious or infectious disease pursuant to subsection (a), the commissioner shall: (1) provide forthwith written notice of such designation and the requirements of this section to the secretary of health and human services, who shall enforce this section with respect to programs of medical assistance and medical benefits established under chapter 118E; the group insurance commission which shall enforce this section for coverage established under chapter 32A; and the division of insurance which shall immediately notify commercial health insurers, Blue Cross and Blue Shield of Massachusetts, Inc., health maintenance organizations, and all other entities that provide health coverage and medical assistance and benefit programs within the scope of the division’s regulation, of a designation pursuant to paragraph (a) and the requirements of this section; (2) take steps to ensure that the public health council shall have the opportunity in an advisory capacity to comment upon such designation; and (3) take reasonable steps to notify health care institutions, health care providers, and consumers of the provisions of this section, including as applicable through clinical advisories, posting to the department’s website, or other means.
(d) The commissioner shall maintain a publicly accessible list of contagious or infectious diseases that have been designated as of public health importance pursuant to subsection (a). The commissioner shall at least annually review the list and shall either renew or remove each designation. When a contagious or infectious disease is removed from the list of designations made under subsection (a), the commissioner shall provide written notice of such removal to the entities specified in subsection (c).
(e) The requirements of subsection (b) shall be effective 30 days from a designation pursuant to subsection (a).
SECTION 2. Chapter 32A of the General Laws is hereby amended by inserting after section 17R the following section:-
Section 17S: The commission shall provide to any active or retired employee of the commonwealth who is insured under the group health insurance commission, coverage without cost sharing or utilization review for any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111.
SECTION 3. Chapter 118E of the General Laws is hereby amended by inserting after section 10Q the following section:-
Section 10R: The division shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111.
SECTION 4. Chapter 175 of the General Laws is hereby amended by inserting after section 47TT the following section:-
Section 47UU. An individual policy of accident and sickness insurance issued under section 108 that provides hospital expense and surgical expense insurance and any group blanket or general policy of accident and sickness insurance issued under section 110 that provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111.
SECTION 5. Chapter 176A of the General Laws is hereby amended by inserting after Section 8UU the following section:-
Section 8VV. A contract between a subscriber and the corporation under an individual or group hospital service plan which provides hospital expense and surgical expense insurance, except contracts providing supplemental coverage to Medicare or other governmental programs, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 6. Chapter 176B of the General Laws is hereby amended by inserting after section 4UU the following section:-
Section 4VV. Any subscription certificate under an individual or group medical service agreement, except certificates that provide supplemental coverage to Medicare or other governmental programs, issued, delivered or renewed within or without the commonwealth, shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 7. Chapter 176G of the General Laws is hereby amended by inserting after section 4MM the following section:-
Section 4NN. A health maintenance contract issued or renewed within or without the commonwealth shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 8. Chapter 176I of the General Laws is hereby amended by adding the following section:-
Section 14. An organization entering into a preferred provider contract shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111.
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An Act relative to trans-inclusive health care access
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S596
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SD1994
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T09:33:16.873'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T09:33:16.8733333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T10:32:48.6466667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T13:32:02.7666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:35:18.9966667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:41:09.8266667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:03:34.4933333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:46:04.0566667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-04-03T15:42:14.2133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S596/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 596) of Joanne M. Comerford, Jack Patrick Lewis, Jason M. Lewis, James B. Eldridge and other members of the General Court for legislation relative to trans-inclusive health care access. Financial Services.
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SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17R the following section:-
Section 17S. The commission shall not reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the commission require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.
For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.
SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:-
Section 10O. The division shall not reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the division require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.
For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.
SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN the following section:-
Section 47OO. No insurer or producer authorized to issue policies of insurance pursuant to sections 108 or 110 shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the insurer or producer require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.
For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.
SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO the following section:-
Section 8PP. No corporation subject to this chapter shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the corporation require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.
For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.
SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4OO the following section:-
Section 4PP. No corporation subject to this chapter shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the corporation require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.
For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.
SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG the following section:-
Section 4HH. No health maintenance organization subject to this chapter, and no officer or agent thereof, shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, nor shall the health maintenance organization require more than one letter, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.
For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.
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An Act relative to special education health care costs
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S597
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SD276
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-12T16:29:57.367'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-12T16:29:57.3666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S597/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 597) of Cynthia Stone Creem for legislation relative to special education health care costs. Financial Services.
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SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 28. The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission benefits on a nondiscriminatory basis for the medically necessary treatment for disease, illness, injury, or bodily dysfunction which are required by a student’s individual education program, individualized family service plan, individualized service plan or the federal Individuals with Disabilities Education Improvement Act.
In order to obtain coverage, school districts shall request, but not require, the child’s family to provide information about the child’s coverage when a child with a disability begins to receive services from the district of a type that are reimbursable and shall request, but may not require, updated information as needed.
(a) In order to access benefits, a school district must:
(i) obtain annual written informed consent from the parent or legal guardian.
(1) When obtaining informed consent, the school district must notify the legal guardian (a) that the cost of the person's private health insurance premium may increase due to providing the covered service in the school setting, (b) that the school district may pay certain enrollee health plan costs, including but not limited to, co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing amounts for health and related services required by an individual service plan, or individualized family service plan, and (c) that the school's billing for each type of covered service may affect service limits and prior authorization thresholds. The informed consent may be revoked in writing at any time by the person authorizing the billing of the health plan;
(ii) inform the parent or legal representative that a refusal to permit the district to access their private health care coverage does not relieve the district of its responsibility to provide all services necessary to provide free and appropriate public education at no cost to the parent or legal representative.
(b) To the extent required by federal law, a school district may not require parents of children with disabilities, if they would incur a financial cost, to use private health coverage to pay for the services that must be provided under an individualized education program or individualized family service plan.
(c) To the extent required by federal law, no school district may deny, withhold, or delay any service that must be provided under an individualized education program or individualized family service plan because a family has refused to provide informed consent to bill a health plan for services or a health plan company has refused to pay any, all, or a portion of the cost of services billed.
(d) A school district may disclose information contained in a student's individualized education program, including records of the student's diagnosis and treatment, to a health plan company only with the signed and dated consent of the student's parent, or other legally authorized individual. The school district shall disclose only that information necessary for the health plan company to decide matters of coverage and payment. A health plan company may use the information only for making decisions regarding coverage and payment, and for any other use permitted by law.
SECTION 2. Chapter 175 of the General Laws is hereby amended by inserting after section 47II the following section:-
Section 47JJ. An individual policy of accident and sickness insurance issued under section 108 that provides hospital expense and surgical expense insurance and any group blanket or general policy of accident and sickness insurance issued under section 110 that provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall provide benefits on a nondiscriminatory basis for the medically necessary treatment for disease, illness, injury, or bodily dysfunction which are required by a student’s individual education program, individualized family service plan, individualized service plan or the federal Individuals with Disabilities Education Improvement Act.
In order to obtain coverage, school districts shall request, but not require, the child’s family to provide information about the child’s coverage when a child with a disability begins to receive services from the district of a type that are reimbursable and shall request, but may not require, updated information as needed.
(a) In order to access benefits, a school district must:
(i) obtain annual written informed consent from the parent or legal guardian.
(1) When obtaining informed consent, the school district must notify the legal guardian (a) that the cost of the person's private health insurance premium may increase due to providing the covered service in the school setting, (b) that the school district may pay certain enrollee health plan costs, including but not limited to, co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing amounts for health and related services required by an individual service plan, or individualized family service plan, and (c) that the school's billing for each type of covered service may affect service limits and prior authorization thresholds. The informed consent may be revoked in writing at any time by the person authorizing the billing of the health plan;
(ii) inform the parent or legal representative that a refusal to permit the district to access their private health care coverage does not relieve the district of its responsibility to provide all services necessary to provide free and appropriate public education at no cost to the parent or legal representative.
(b) To the extent required by federal law, a school district may not require parents of children with disabilities, if they would incur a financial cost, to use private health coverage to pay for the services that must be provided under an individualized education program or individualized family service plan.
(c) To the extent required by federal law, no school district may deny, withhold, or delay any service that must be provided under an individualized education program or individualized family service plan because a family has refused to provide informed consent to bill a health plan for services or a health plan company has refused to pay any, all, or a portion of the cost of services billed.
(d) A school district may disclose information contained in a student's individualized education program, including records of the student's diagnosis and treatment, to a health plan company only with the signed and dated consent of the student's parent, or other legally authorized individual. The school district shall disclose only that information necessary for the health plan company to decide matters of coverage and payment. A health plan company may use the information only for making decisions regarding coverage and payment, and for any other use permitted by law.
SECTION 3. Chapter 176A of the General Laws is hereby amended by inserting after section 8KK the following section:-
Section 8LL. A contract between a subscriber and the corporation under an individual or group hospital service plan which is issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for the medically necessary treatment for disease, illness, injury, or bodily dysfunction which are required by a student’s individual education program, individualized family service plan, individualized service plan or the federal Individuals with Disabilities Education Improvement Act.
In order to obtain coverage, school districts shall request, but not require, the child’s family to provide information about the child’s coverage when a child with a disability begins to receive services from the district of a type that are reimbursable and shall request, but may not require, updated information as needed.
(a) In order to access benefits, a school district must:
(i) obtain annual written informed consent from the parent or legal guardian.
(1) When obtaining informed consent, the school district must notify the legal guardian (a) that the cost of the person's private health insurance premium may increase due to providing the covered service in the school setting, (b) that the school district may pay certain enrollee health plan costs, including but not limited to, co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing amounts for health and related services required by an individual service plan, or individualized family service plan, and (c) that the school's billing for each type of covered service may affect service limits and prior authorization thresholds. The informed consent may be revoked in writing at any time by the person authorizing the billing of the health plan;
(ii) inform the parent or legal representative that a refusal to permit the district to access their private health care coverage does not relieve the district of its responsibility to provide all services necessary to provide free and appropriate public education at no cost to the parent or legal representative.
(b) To the extent required by federal law, a school district may not require parents of children with disabilities, if they would incur a financial cost, to use private health coverage to pay for the services that must be provided under an individualized education program or individualized family service plan.
(c) To the extent required by federal law, no school district may deny, withhold, or delay any service that must be provided under an individualized education program or individualized family service plan because a family has refused to provide informed consent to bill a health plan for services or a health plan company has refused to pay any, all, or a portion of the cost of services billed.
(d) A school district may disclose information contained in a student's individualized education program, including records of the student's diagnosis and treatment, to a health plan company only with the signed and dated consent of the student's parent, or other legally authorized individual. The school district shall disclose only that information necessary for the health plan company to decide matters of coverage and payment. A health plan company may use the information only for making decisions regarding coverage and payment, and for any other use permitted by law.
SECTION 4. Chapter 176B of the General Laws is hereby amended by inserting after section 4KK the following section:-
Section 4LL. A subscription certificate under an individual or group medical service agreement which is issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for the medically necessary treatment for disease, illness, injury, or bodily dysfunction which are required by a student’s individual education program, individualized family service plan, individualized service plan or the federal Individuals with Disabilities Education Improvement Act.
In order to obtain coverage, school districts shall request, but not require, the child’s family to provide information about the child’s coverage when a child with a disability begins to receive services from the district of a type that are reimbursable and shall request, but may not require, updated information as needed.
(a) In order to access benefits, a school district must:
(i) obtain annual written informed consent from the parent or legal guardian.
(1) When obtaining informed consent, the school district must notify the legal guardian (a) that the cost of the person's private health insurance premium may increase due to providing the covered service in the school setting, (b) that the school district may pay certain enrollee health plan costs, including but not limited to, co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing amounts for health and related services required by an individual service plan, or individualized family service plan, and (c) that the school's billing for each type of covered service may affect service limits and prior authorization thresholds. The informed consent may be revoked in writing at any time by the person authorizing the billing of the health plan;
(ii) inform the parent or legal representative that a refusal to permit the district to access their private health care coverage does not relieve the district of its responsibility to provide all services necessary to provide free and appropriate public education at no cost to the parent or legal representative.
(b) To the extent required by federal law, a school district may not require parents of children with disabilities, if they would incur a financial cost, to use private health coverage to pay for the services that must be provided under an individualized education program or individualized family service plan.
(c) To the extent required by federal law, no school district may deny, withhold, or delay any service that must be provided under an individualized education program or individualized family service plan because a family has refused to provide informed consent to bill a health plan for services or a health plan company has refused to pay any, all, or a portion of the cost of services billed.
(d) A school district may disclose information contained in a student's individualized education program, including records of the student's diagnosis and treatment, to a health plan company only with the signed and dated consent of the student's parent, or other legally authorized individual. The school district shall disclose only that information necessary for the health plan company to decide matters of coverage and payment. A health plan company may use the information only for making decisions regarding coverage and payment, and for any other use permitted by law.
SECTION 5. Chapter 176G of the General Laws is hereby amended by inserting after section 4CC the following section:-
Section 4DD. A health maintenance contract issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for the medically necessary treatment for disease, illness, injury, or bodily dysfunction which are required by a student’s individual education program, individualized family service plan, individualized service plan or the federal Individuals with Disabilities Education Improvement Act.
In order to obtain coverage, school districts shall request, but not require, the child’s family to provide information about the child’s coverage when a child with a disability begins to receive services from the district of a type that are reimbursable and shall request, but may not require, updated information as needed.
(a) In order to access benefits, a school district must:
(i) obtain annual written informed consent from the parent or legal guardian.
(1) When obtaining informed consent, the school district must notify the legal guardian (a) that the cost of the person's private health insurance premium may increase due to providing the covered service in the school setting, (b) that the school district may pay certain enrollee health plan costs, including but not limited to, co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing amounts for health and related services required by an individual service plan, or individualized family service plan, and (c) that the school's billing for each type of covered service may affect service limits and prior authorization thresholds. The informed consent may be revoked in writing at any time by the person authorizing the billing of the health plan;
(ii) inform the parent or legal representative that a refusal to permit the district to access their private health care coverage does not relieve the district of its responsibility to provide all services necessary to provide free and appropriate public education at no cost to the parent or legal representative.
(b) To the extent required by federal law, a school district may not require parents of children with disabilities, if they would incur a financial cost, to use private health coverage to pay for the services that must be provided under an individualized education program or individualized family service plan.
(c) To the extent required by federal law, no school district may deny, withhold, or delay any service that must be provided under an individualized education program or individualized family service plan because a family has refused to provide informed consent to bill a health plan for services or a health plan company has refused to pay any, all, or a portion of the cost of services billed.
(d) A school district may disclose information contained in a student's individualized education program, including records of the student's diagnosis and treatment, to a health plan company only with the signed and dated consent of the student's parent, or other legally authorized individual. The school district shall disclose only that information necessary for the health plan company to decide matters of coverage and payment. A health plan company may use the information only for making decisions regarding coverage and payment, and for any other use permitted by law.
SECTION 6. All policies, contracts and certificates of health insurance subject to section 28 of chapter 32A, section 47JJ of chapter 175, section 8LL of chapter 176A, section 4LL of chapter 176B, and section 4DD of chapter 176G of the General Laws which are delivered, issued or renewed on or after December 31, 2024 shall conform with the provisions of this act. Form filings implementing this act shall be subject to the approval of the commissioner of insurance.
SECTION 7. This act shall take effect on December 31, 2024.
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An Act relative to preserving fertility
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S598
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SD374
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T17:02:51.167'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T17:02:51.1666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-23T12:41:06.8866667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T14:08:16.72'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T10:26:41.0966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-29T16:50:07.3333333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-03T17:04:55.1233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-04T16:55:08.7766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T10:14:53.9766667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-07-12T09:50:55.3966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S598/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 598) of Cynthia Stone Creem, Lindsay N. Sabadosa, Jason M. Lewis and Paul R. Feeney for legislation relative to preserving fertility. Financial Services.
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SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 17Q the following section:-
Section 17R. (a) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue.
(b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
(c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
SECTION 2. Chapter 175 is hereby amended by inserting after section 47KK the following section:-
Section 47LL. (a) Any policy of accident and sickness insurance as described in section 108 that provides hospital expense and surgical expense insurance and that is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 that provides hospital expense and surgical expense insurance and that is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder, within or without the commonwealth; or any employees’ health and welfare fund that provides hospital expense and surgical expense benefits and that is delivered, issued or renewed to any person or group of persons in the commonwealth, shall provide to a commonwealth resident covered by the policy, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue.
(b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
(c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
SECTION 3. Chapter 176A is hereby amended by inserting after section 8MM the following section:-
Section 8NN. (a) Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue.
(b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
(c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
SECTION 4. Chapter 176B is hereby amended by inserting after section 4MM the following section:-
Section 4NN. (a) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue.
(b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
(c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
SECTION 5. Chapter 176G is hereby amended by inserting after section 4EE the following section:-
Section 4FF. (a) Any individual or group health maintenance contract shall provide, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue.
(b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
(c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
SECTION 6. Chapter 176I is hereby amended by adding the following section:-
Section 13. (a) An organization entering into a preferred provider contract that provides pregnancy-related benefits shall provide coverage, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for standard fertility preservation services (b) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (c) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue.
(b) For the purposes of this section, “standard fertility preservation services” means procedures or treatment to preserve fertility as recommended by a board-certified obstetrician gynecologist, reproductive endocrinologist, or other physician, and this recommendation is made in accordance with current medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
(c) For the purposes of this section, “may directly or indirectly cause” means that the disease itself, or the necessary treatment, has a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.
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An Act to incentivize the adoption of local climate resilience policies
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S599
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SD582
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T12:03:47.143'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T12:03:47.1433333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T12:24:30.58'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-05-03T11:42:10.16'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T10:58:04.3633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S599/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 599) of Cynthia Stone Creem for legislation to incentivize the adoption of local climate resilience policies. Financial Services.
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Chapter 21N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new section:-
Section 12. (a) As used in this section, the following word shall have the following meanings:
“Program”, the municipal vulnerability preparedness plus grant program, or MVP plus program, established in this section.
(b) The secretary shall develop and support a municipal vulnerability preparedness plus grant program, to be known as the MVP plus program. Municipalities that are certified as MVP plus communities shall annually receive a share of the funds deposited into the Municipal Vulnerability Preparedness Trust Fund. Municipalities shall use their share of the funds for climate resilience projects approved by the executive office or to hire personnel who implement and manage climate resilience and sustainability projects; provided, that the project approval process shall be designed to minimize burdens on municipalities and that projects not approved or denied within 30 days shall be deemed approved; provided further, that municipalities may use funds for regional projects or for personnel shared with one or more other municipalities; and provided further, that municipalities may use funds to contract with regional planning agencies or nonprofit watershed associations for the management of regional projects.
The executive office shall establish a formula for the disbursement of funds from the Municipal Vulnerability Preparedness Trust Fund to MVP plus-certified communities. Variables and weighted proportions of the formula shall include, but not be limited to: (i) the road mileage within the municipality; (ii) the total population of the municipality; (iii) the total number of employed individuals within the borders of the municipality; (iv) the number of environmental justice criteria the municipality meets; and (v) the proportion of the municipality that lies within an area that is designated as a special flood hazard area by the Federal Emergency Management Agency, or the proportion of the municipality that is vulnerable to flooding according to a different measure selected by the secretary that is at least as inclusive as the special flood hazard area designation.
(c) Municipalities seeking designation as an MVP plus community shall file an application in a form and manner to be prescribed by secretary. To qualify as a MVP plus community, a municipality shall: (1) complete the community-led resilience building process and vulnerability assessment described in section 11 of this chapter; (2) adopt the specialized stretch resilience code; and (3) adopt at least 4 of the following 6 policies and programs:
(i) a stormwater utility program to fund upgrades to stormwater infrastructure and other projects that mitigate flooding and protect natural bodies of water;
(ii) a program establishing climate resilience hubs, located in buildings such as schools, libraries, and community centers, to educate residents about extreme weather preparedness and the impacts of climate change and to provide shelter and assistance during weather-related emergencies;
(iii) a policy for the use of green infrastructure in appropriate public works and public infrastructure projects and a requirement that municipal employees who participate in the planning and design of public works and public infrastructure projects participate in a green infrastructure training program approved or designed by the secretary that includes at least 35 hours of training on subjects including nature-based stormwater management practices and nature-based climate resilience strategies; provided, that members of local planning boards, conservation commissions, or other public bodies that participate in the planning and design of public works and public infrastructure projects but who are not full-time municipal employees may participate in an abbreviated green infrastructure training program approved or designed by the secretary that includes 5 hours of such training;
(iv) a floodplain overlay district that covers special flood hazard areas designated by the Federal Emergency Management Agency and other areas designated by the municipality that are projected to become vulnerable to flooding due to climate change and that imposes restrictions on construction, significant renovation, dumping, and filling that are designed to protect human life and property from the hazards of periodic flooding, preserve the natural flood control characteristics and the flood storage capacity of the floodplain, and preserve and maintain the groundwater table and water recharge areas within the floodplain;
(v) a tree ordinance or by-law that (A) requires the planting of trees to provide adequate shade to large paved areas such as parking lots; and (B) designates trees with a diameter at breast height of 8 or more inches as protected trees and prohibits the removal of protected trees under circumstances designated by the ordinance or by-law, unless the applicant plants native replacement trees or makes a contribution to a municipal tree preservation fund that is used to plant and care for trees; provided, that the ordinance or by-law shall require an applicant who plants native replacement trees to consult the municipal tree warden about which species of tree are suitable for planting and which locations are optimal for planting; and
(vi) an ordinance that, whenever permits require an analysis involving precipitation, requires the use of National Oceanic and Atmospheric Administration Atlas 14 precipitation estimates or the best available forward-looking precipitation estimates, as determined by the secretary.
(d) The executive office shall be responsible for the administration and oversight of the MVP plus program, including by: (1) adopting rules, regulations and guidelines for the administration and enforcement of this section, including, but not limited to, establishing application forms and procedures; (2) developing and disseminating model ordinances and by-laws that meet the requirements described in subsection (c) and making them available to public on the executive office’s website; and (3) submitting an annual report by September 1 to the clerks of the senate and the house of representatives detailing the municipalities participating in the program, the expenditures of the program, and the projects supported by the program.
SECTION 2. Chapter 29 of the General Laws, as amended by section 13 of chapter 358 of the acts of 2020, is hereby amended by inserting the following section:-
Section 2PPPPPP. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Municipal Vulnerability Preparedness Trust Fund. The secretary of energy and environmental affairs shall administer the fund. Notwithstanding any general or special law to the contrary, there shall be credited to the fund any revenue subject to appropriations or other money authorized by the general court and specifically designated to be credited to the fund and any gifts, grants, private contributions, investment income earned by the fund’s assets and any designated funds from other sources. No expenditures from the fund shall cause the fund to be in deficiency at the close of the fiscal year. All available monies in the trust fund that are unexpended at the end of each fiscal year shall not revert to the General Fund, shall be available for expenditure in the subsequent fiscal year, and shall not be subject to section 5C; provided, that at least 50 percent of the funds deposited into the fund each fiscal year shall be disbursed according to the formula established pursuant to subsection (b) of section 12 of chapter 21N and remaining funds may be used for the grant program established in section 11 of chapter 21N.
Section 2 of chapter 21A of the General Laws, as so appearing, is hereby amended by inserting after clause (30) the following clause:
(31) develop and promulgate, in consultation with the executive office of housing and economic development and the board of building regulations and standards, as an appendix to the state building code and to the state residential code, a municipal opt-in specialized stretch resilience code that incorporates forward-looking data on climate risks including, but not limited to, inland and coastal flooding, extreme temperatures, wind, and changes in precipitation patterns and that is more stringent than the most recent edition of the international building code and international residential code. The code shall include, at a minimum, the following provisions that go beyond those in the most recent edition of the state building code: (i) requirements as to freeboard and elevation above base flood elevation based on forward-looking climate data and future flood risks; (ii) requirements as to the location of utilities and other critical infrastructure within a structure; (iii) requirements as to wet and dry flood proofing of a structure; (iv) requirements as to habitable space and uses of a structure; (v) requirements as to points of ingress and egress; (vi) requirements as to ability to withstand extreme winds; and (vii) requirements as to ability to withstand extreme temperatures. The code shall also include any further language that is required to adequately prepare construction for future climate impacts including from wind, extreme temperature, and flooding.
SECTION 4. The secretary of the executive office of energy and environmental affairs shall form and consult with an advisory committee in the development of the municipal opt-in specialized stretch resilience code. The advisory committee shall consist of at least 17 members who shall include: the secretary of energy and environmental affairs or a designee, the chair of the board of building regulations and standards or a designee, the secretary of the executive office of housing and economic development or a designee, the commissioner of public health or a designee, the director of the Massachusetts emergency management agency or a designee, the director of the office of coastal zone management or a designee, 1 representative from an organization that represents or serves an environmental justice community, 1 representative from an affordable housing organization, 1 representative from a regional planning organization, 1 member with professional expertise in climate science and data, 1 member who is a professional planner with experience in climate adaptation and resilience, 1 member who is a certified building inspector in a city or town, 1 member who is a municipal planner, 1 member who is a certified civil engineer, 1 member who is a certified coastal engineer, 1 representative from the insurance industry, and 1 representative from the real estate development industry. The advisory committee shall be formed within 3 months of the effective date of this act and shall produce recommendations on requirements for the code within 12 months of the effective date of this act. The stretch resilience code shall be promulgated not later than 18 after the effective date of this act. The secretary shall, in consultation with the board of building regulations and standards, review and update the stretch resilience code every three years.
SECTION 5. Section 96 of chapter 143, as so appearing, is hereby amended by striking the second paragraph and inserting in place thereof the following:-
For the purposes of this section, “specialized codes” shall include, but not be limited to, the specialized stretch energy code developed and promulgated by the department of energy resources, the specialized stretch resilience code developed and promulgated by the secretary of energy and environmental affairs, the state plumbing code, electrical code, architectural barriers regulations, fire safety code, fire prevention regulations, sheet metal regulations and elevator regulations.
SECTION 6. Section 100 of said chapter 143, as so appearing, is hereby amended by striking the second paragraph and inserting in place thereof the following:-
Whoever is aggrieved by an interpretation, order, requirement, direction or failure to act by any state or local agency or any person or state or local agency charged with the administration or enforcement of the state building code or any of its rules and regulations, except any specialized codes as described in section 96, other than the specialized stretch energy code developed and promulgated by the department of energy resources and the specialized stretch resilience code developed and promulgated by the secretary of energy and environmental affairs, may within forty-five days after the service of notice thereof appeal from such interpretation, order, requirement, direction, or failure to act to the appeals board. Appeals hereunder shall be on forms provided by the appeals board and shall be accompanied by such fee as said appeals board may determine.
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Pocket Veto of certain legislation
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S6
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SD8
| 193
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{'Id': 'GOV7', 'Name': 'Charles D. Baker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/GOV7', 'ResponseDate': '2023-01-05T16:11:56.473'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S6/DocumentHistoryActions
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Governor's Message (Communication)
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A communication from His Excellency the Governor, Charles D. Baker, stating his disapproval of certain legislation from the 192nd General Court
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To the Honorable Senate and House of Representatives,
Dear Mr. Hurley and Mr. James,
Pursuant to Article 1, as amended by Article XC, Section 2 of the Amendments to the Constitution of the Commonwealth of Massachusetts, I object to and do not approve the following legislation:
House bill 5149 - An Act clarifying the application of judicial retirement law
Senate bill 3124 - An Act establishing speed limits on portions of Route 28 and Chickatawbut Road in the town of Milton
Respectfully submitted,
Charles D. Baker,
Governor
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An Act dedicating one-percent of the recreational marijuana excise tax to youth substance use prevention
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S60
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SD490
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:35:36.487'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:35:36.4866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S60/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 60) of Patrick M. O'Connor for legislation to dedicate one-percent of the recreational marijuana excise to youth substance use prevention. Cannabis Policy.
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SECTION 1. Section 4 of chapter 334 of the acts of 2016 is hereby amended, in section 2, by striking out the word “3.75” and inserting in place thereof the following word:- 4.75
SECTION 2. Section 4 of chapter 334 of the acts of 2016 is hereby amended, in section 2, by inserting the following at the end thereof:
One percent of the tax imposed under this section shall be deposited into the Prevention and Wellness Trust Fund for the cost of evidence-based public health programs dedicated to primary prevention of youth substance use.
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An Act improving access to breast pumps
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S600
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SD629
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T14:38:49.17'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T14:38:49.17'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-18T10:18:59.27'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S600/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 600) of Cynthia Stone Creem for legislation to improve access to breast pumps. Financial Services.
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SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 31. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user breast pump shall be made available to the user within 24 hours of maternal hospital discharge.
(c) The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission, and eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission, and eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed by an IBCLC.
SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:-
Section 10O. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user breast pump shall be made available to the user within 24 hours of maternal hospital discharge.
(c) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by provider, by an IBCLC.
SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47PP the following section:-
Section 47QQ. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breast milk. The multi-user breast pump should be made available to the user within 24 hours of maternal hospital discharge.
(c) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by provider, by an IBCLC.
SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8QQ the following section:-
Section 8RR. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breast milk. The multi-user breast pump shall be made available to the user within 24 hours of maternal hospital discharge.
(c) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by provider, by an IBCLC.
SECTION 5. Chapter 176B of the General laws is hereby amended by inserting after section 4QQ the following section:-
Section 4RR. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user breast pump should be made available to the user within 24 hours of maternal hospital discharge.
(c) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by provider, by an IBCLC.
SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG the following section:-
Section 4HH. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) An individual or group health maintenance contract that is issued or renewed shall provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user breast pump should be made available to the user within 24 hours of maternal hospital discharge.
(c) An individual or group health maintenance contract that is issued or renewed shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) An individual or group health maintenance contract that is issued or renewed shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by provider, by an IBCLC.
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An Act prohibiting self-dealing by pharmacy benefit managers and pharmacies under common ownership
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S601
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SD1293
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T13:53:44.64'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T13:53:44.64'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S601/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 601) of Cynthia Stone Creem for legislation relative to pharmacy benefit managers. Financial Services.
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SECTION 1. Section 1 of chapter 6D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition "Performance penalty" the following definition:-
“Pharmacy benefit manager”, a person, business or other entity, however organized, that directly or through a subsidiary provides pharmacy benefit management services for prescription drugs and devices on behalf of a health benefit plan sponsor, including, but not limited to, a self-insurance plan, labor union or other third-party payer; provided, however, that pharmacy benefit management services shall include, but not be limited to: (i) the processing and payment of claims for prescription drugs; (ii) the performance of drug utilization review; (iii) the processing of drug prior authorization requests; (iv) pharmacy contracting; (v) the adjudication of appeals or grievances related to prescription drug coverage contracts; (vi) formulary administration; (vii) drug benefit design; (viii) mail and specialty drug pharmacy services; (ix) cost containment; (x) clinical, safety and adherence programs for pharmacy services; and (xi) managing the cost of covered prescription drugs; provided further, that “pharmacy benefit manager” shall include a health benefit plan that does not contract with a pharmacy benefit manager and manages its own prescription drug benefits unless specifically exempted by the commission.
SECTION 2. Chapter 6D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new section:-
Section 20: A health benefit plan or pharmacy benefit manager shall not penalize, require, or provide financial incentives, including variations in premiums, deductibles, copayments, or coinsurance, to insureds as incentives to use a specific retail pharmacy, mail order pharmacy, or other network pharmacy provider in which the health benefit plan or pharmacy benefit manager has an ownership interest, that has an ownership interest in the health benefit plan or pharmacy benefit manager, or that is otherwise under common ownership with the health benefit plan or pharmacy benefit manager.
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An Act relative to transparency of consumer health insurance rights
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S602
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SD2259
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T14:46:30.397'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T14:46:30.3966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S602/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 602) of Cynthia Stone Creem for legislation relative to transparency of consumer health insurance rights. Financial Services.
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SECTION 1. Chapter 176O, is hereby amended by striking out section 19 and inserting in place thereof the following section:-
Section 19. Display of information on enrollment cards of carrier
(a) A carrier shall state prominently on the front or back of its enrollment cards the following:
(1) The statement “This health plan is fully-insured, subject to all Massachusetts insurance laws.”
(2) The name of the carrier, and the name of the insured’s specific health plan, including any numbers or other information necessary to identify the insured’s plan.
(3) A toll-free telephone number for the member services department of the carrier.
(4) The name and toll-free telephone number of the member services department of any third party that administers behavioral health, prescription drug, or other benefits.
(5) The amount of any copayment under the plan for preventive care visits, office visits, emergency department visits and prescription drugs.
(6) Whether the plan has a deductible, and the amount of any deductible under the plan.
(7) Any other information required by the commissioner of insurance.
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An Act promoting consumer choice in health care
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S603
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SD454
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:18:02.563'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:18:02.5633333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-14T11:54:22.29'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T14:08:12.2866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T11:34:56.4933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-07T11:34:56.4933333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-13T14:06:27.9166667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T15:54:45.2966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S603/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 603) of Brendan P. Crighton, Lydia Edwards, Paul R. Feeney, Jack Patrick Lewis and others for legislation relative to health insurance coverage by athletic trainers. Financial Services.
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SECTION 1. Chapter 175 of the General Laws is hereby amended by adding at the end thereof the following section:-
"Section 226. A licensed athletic trainer, acting with a referral from a physician, who acts within the scope of practice authorized by law shall not be denied reimbursement by the health insurer for those covered services if the health insurer would reimburse another health care provider for those services. This Section pertains only to those health plans that provide coverage for a particular type of health service, or for any particular medical condition that is within the scope of practice of licensed athletic trainers.
Services provided by licensed athletic trainers may be subject to reasonable deductibles, co-payment and co-insurance amounts, fee or benefit limits, practice parameters, and utilization review consistent with applicable rules adopted by the Division of Insurance; provided that the amounts, limits, and review shall not function to direct treatment in a manner unfairly discriminative against athletic trainer care, and collectively shall be no more restrictive than those applicable under the same policy for care or services provided by other health care providers.
Nothing in this Section shall be construed as impeding or preventing either the provision or coverage of health care services by licensed athletic trainers within the lawful scope of athletic trainer practice.
As used in this section, “health insurance plan” means an individual or group health insurance policy, a hospital or medical service corporation or health maintenance organization subscriber contract, or another health benefit plan offered, issued, or renewed for a person by a health insurer. The term shall not include benefit plans providing coverage for specific disease or other limited benefit coverage."
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An Act ensuring access to healthcare and medically necessary food for children
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S604
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SD579
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T11:41:01.573'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T11:41:01.5733333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T16:50:37.3133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S604/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 604) of Brendan P. Crighton and Jason M. Lewis for legislation to ensure access to healthcare and medically necessary food for children. Financial Services.
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SECTION 1. (a) Section 1 of chapter 176O of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “covered benefits” the following definition:-
“covered disease or condition”, Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins, including the following: (i) food protein-induced enterocolitis syndrome. (ii) Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins; and (iii) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders.
(b) Said Section 1 of said chapter 176O, as so appearing, is hereby amended by inserting after the definition of “medical necessity” or “medically necessary” the following definition:-
“Medically necessary food”, food, including a low protein modified food product, an amino acid preparation product, a modified fat preparation product, or a nutritional formula, including such a formula that does not require a prescription, that is: (i) furnished pursuant to the prescription, order, or recommendation, as applicable, of a physician or other health care professional qualified to make such prescription, order, or recommendation, for the dietary management of a covered disease or condition; (ii) a specially formulated and processed product (as opposed to a naturally occurring food stuff used in its natural state) for the partial or exclusive feeding of an individual by means of oral intake or enteral feeding by tube; (iii) intended for the dietary management of an individual who, because of therapeutic or chronic medical needs, has limited or impaired capacity to ingest, digest, absorb, or metabolize ordinary food stuffs or certain nutrients, or who has other special medically determined nutrient requirements, the dietary management of which cannot be achieved by the modification of the normal diet alone; (iv) intended to be used under medical supervision, which may include in a home setting; and (v) intended only for an individual receiving active and ongoing medical supervision wherein the individual requires medical care on a recurring basis for, among other things, instructions on the use of the food. Unless otherwise noted, the term “Medically necessary food” shall not include (i) foods taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as weight loss products, even if they are recommended by a physician or other health professional; (ii) foods marketed as gluten-free for the management of celiac disease or non-celiac gluten sensitivity; and (iii) foods marketed for the management of diabetes.
SECTION 2. Section 15 of said chapter 176O of the General Laws, as so appearing, is hereby amended by inserting the following:-
(l) No carrier shall require an insured to obtain a referral or prior authorization from a primary care provider for specialty care provided by an immunologist or family practitioner participating in such carrier's health care provider network; no carrier shall categorize prescription coverage as “durable medical equipment”; no carrier shall apply prescription co-pay and deductible for medically necessary food.
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An Act empowering health care consumers
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S605
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SD625
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T14:21:00.533'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T14:21:00.5333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-27T15:53:47.1366667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-08T15:23:36.71'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T15:23:36.71'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-14T11:54:13.1666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S605/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 605) of Brendan P. Crighton, Joanne M. Comerford, Michael O. Moore, Michael D. Brady and others for legislation to empower health care consumers. Financial Services.
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SECTION 1. Chapter 175 of the General Laws is hereby amended by inserting after section 47II the following section:-
Section 47JJ.
(a) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the Commonwealth on or after January 1, 2018, shall:
(1) Provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan uses a formulary. The notice shall include an explanation of what a formulary is, how the plan determines which prescription drugs are included or excluded, and how often the plan reviews the contents of the formulary.
(2) Post the formulary or formularies for each product offered by the plan on the plan’s internet web site in a manner that is accessible and searchable by potential enrollees, enrollees, and providers.
(3) Update the formularies posted pursuant to paragraph (2) with any change to those formularies within 72 hours after making the change.
(4) Use a standard template developed pursuant to subsection (b) to display the formulary or formularies for each product offered by the plan.
(5) Include all of the following on any published formulary for any product offered by the plan, including, but not limited to, the formulary or formularies posted pursuant to paragraph (2):
(i) Any prior authorization, step therapy requirements, or utilization management requirements for each specific drug included on the formulary.
(ii) If the plan uses a Tier-based formulary, the plan shall specify for each drug listed on the formulary the specific Tier the drug occupies and list the specific co-payments for each Tier in the evidence of coverage.
(iii) For prescription drugs covered under the plans medical benefit and typically administered by a provider, plans must disclose to enrollees and potential enrollees, all covered drugs and the dollar cost-sharing imposed on such drugs. This information can be provided to the consumer as part of the plan’s formulary pursuant to paragraph (2) or via a toll free number that is staffed at least during normal business hours.
(iv) For each prescription drug included on the formulary under clauses (ii) or (iii) that is subject to a coinsurance and dispensed at an in-network pharmacy the plan must:
(A) disclose the dollar amount of the enrollee’s cost-sharing, or
(B) the plan can provide a dollar amount range of cost sharing for a potential enrollee of each specific drug included on the formulary, as follows:
Under $100 – $.
$100-$250 – $$.
$251-$500 – $$$.
$500-$1,000 – $$$$.
Over $1,000 -- $$$$$
(v) If the carrier allows the option for mail order pharmacy, the carrier separately must list the range of cost-sharing for a potential enrollee if the potential enrollee purchases the drug through a mail order facility utilizing the same ranges as provided in subclause (B).
(vi) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication.
(b) The Division of Insurance shall develop a standard formulary template which a health care service plan shall use to comply with paragraph (4).
SECTION 2. Chapter 176A of the General Laws is hereby amended by inserting after section 8KK the following section:-
Section 8LL.
(a) Any contract between a subscriber and the corporation under an individual or group hospital service plan delivered or issued or renewed within the commonwealth on or after January 1, 2018, shall:
(1) Provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan uses a formulary. The notice shall include an explanation of what a formulary is, how the plan determines which prescription drugs are included or excluded, and how often the plan reviews the contents of the formulary.
(2) Post the formulary or formularies for each product offered by the plan on the plan’s internet web site in a manner that is accessible and searchable by potential enrollees, enrollees, and providers.
(3) Update the formularies posted pursuant to paragraph (2) with any change to those formularies within 72 hours after making the change.
(4) Use a standard template developed pursuant to subsection (b) to display the formulary or formularies for each product offered by the plan.
(5) Include all of the following on any published formulary for any product offered by the plan, including, but not limited to, the formulary or formularies posted pursuant to paragraph (2):
(i) Any prior authorization, step therapy requirements, or utilization management requirements for each specific drug included on the formulary.
(ii) If the plan uses a Tier-based formulary, the plan shall specify for each drug listed on the formulary the specific Tier the drug occupies and list the specific co-payments for each Tier in the evidence of coverage.
(iii) For prescription drugs covered under the plans medical benefit and typically administered by a provider, plans must disclose to enrollees and potential enrollees, all covered drugs and the dollar cost-sharing imposed on such drugs. This information can be provided to the consumer as part of the plan’s formulary pursuant to paragraph (2) or via a toll free number that is staffed at least during normal business hours.
(iv) For each prescription drug included on the formulary under clauses (ii) or (iii) that is subject to a coinsurance and dispensed at an in-network pharmacy the plan must:
(A) disclose the dollar amount of the enrollee’s cost-sharing, or
(B) the plan can provide a dollar amount range of cost sharing for a potential enrollee of each specific drug included on the formulary, as follows:
Under $100 – $.
$100-$250 – $$.
$251-$500 – $$$.
$500-$1,000 – $$$$.
Over $1,000 -- $$$$$
(v) If the carrier allows the option for mail order pharmacy, the carrier separately must list the range of cost-sharing for a potential enrollee if the potential enrollee purchases the drug through a mail order facility utilizing the same ranges as provided in subclause (B).
(vi) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication.
(b) The Division of Insurance shall develop a standard formulary template which a health care service plan shall use to comply with paragraph (4).
SECTION 3. Chapter 176B of the General Laws is hereby amended by inserting after section 4KK the following section:-
Section 4LL.
(a) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth on or after January 1, 2018, shall:
(1) Provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan uses a formulary. The notice shall include an explanation of what a formulary is, how the plan determines which prescription drugs are included or excluded, and how often the plan reviews the contents of the formulary.
(2) Post the formulary or formularies for each product offered by the plan on the plan’s internet web site in a manner that is accessible and searchable by potential enrollees, enrollees, and providers.
(3) Update the formularies posted pursuant to paragraph (2) with any change to those formularies within 72 hours after making the change.
(4) Use a standard template developed pursuant to subsection (b) to display the formulary or formularies for each product offered by the plan.
(5) Include all of the following on any published formulary for any product offered by the plan, including, but not limited to, the formulary or formularies posted pursuant to paragraph (2):
(i) Any prior authorization, step therapy requirements, or utilization management requirements for each specific drug included on the formulary.
(ii) If the plan uses a Tier-based formulary, the plan shall specify for each drug listed on the formulary the specific Tier the drug occupies and list the specific co-payments for each Tier in the evidence of coverage.
(iii) For prescription drugs covered under the plans medical benefit and typically administered by a provider, plans must disclose to enrollees and potential enrollees, all covered drugs and the dollar cost-sharing imposed on such drugs. This information can be provided to the consumer as part of the plan’s formulary pursuant to paragraph (2) or via a toll free number that is staffed at least during normal business hours.
(iv) For each prescription drug included on the formulary under clauses (ii) or (iii) that is subject to a coinsurance and dispensed at an in-network pharmacy the plan must:
(A) disclose the dollar amount of the enrollee’s cost-sharing, or
(B) the plan can provide a dollar amount range of cost sharing for a potential enrollee of each specific drug included on the formulary, as follows:
Under $100 – $.
$100-$250 – $$.
$251-$500 – $$$.
$500-$1,000 – $$$$.
Over $1,000 -- $$$$$
(v) If the carrier allows the option for mail order pharmacy, the carrier separately must list the range of cost-sharing for a potential enrollee if the potential enrollee purchases the drug through a mail order facility utilizing the same ranges as provided in subclause (B).
(vi) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication.
(b) The Division of Insurance shall develop a standard formulary template which a health care service plan shall use to comply with paragraph (4).
SECTION 4. Chapter 176G of the General Laws is hereby amended by inserting after section 4CC the following section:-
Section 4DD.
(a) Any individual or group health maintenance contract issued on or after January 1, 2018, shall:
(1) Provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan uses a formulary. The notice shall include an explanation of what a formulary is, how the plan determines which prescription drugs are included or excluded, and how often the plan reviews the contents of the formulary.
(2) Post the formulary or formularies for each product offered by the plan on the plan’s internet web site in a manner that is accessible and searchable by potential enrollees, enrollees, and providers.
(3) Update the formularies posted pursuant to paragraph (2) with any change to those formularies within 72 hours after making the change.
(4) Use a standard template developed pursuant to subsection (b) to display the formulary or formularies for each product offered by the plan.
(5) Include all of the following on any published formulary for any product offered by the plan, including, but not limited to, the formulary or formularies posted pursuant to paragraph (2):
(i) Any prior authorization, step therapy requirements, or utilization management requirements for each specific drug included on the formulary.
(ii) If the plan uses a Tier-based formulary, the plan shall specify for each drug listed on the formulary the specific Tier the drug occupies and list the specific co-payments for each Tier in the evidence of coverage.
(iii) For prescription drugs covered under the plans medical benefit and typically administered by a provider, plans must disclose to enrollees and potential enrollees, all covered drugs and the dollar cost-sharing imposed on such drugs. This information can be provided to the consumer as part of the plan’s formulary pursuant to paragraph (2) or via a toll free number that is staffed at least during normal business hours.
(iv) For each prescription drug included on the formulary under clauses (ii) or (iii) that is subject to a coinsurance and dispensed at an in-network pharmacy the plan must:
(A) disclose the dollar amount of the enrollee’s cost-sharing, or
(B) the plan can provide a dollar amount range of cost sharing for a potential enrollee of each specific drug included on the formulary, as follows:
Under $100 – $.
$100-$250 – $$.
$251-$500 – $$$.
$500-$1,000 – $$$$.
Over $1,000 -- $$$$$
(v) If the carrier allows the option for mail order pharmacy, the carrier separately must list the range of cost-sharing for a potential enrollee if the potential enrollee purchases the drug through a mail order facility utilizing the same ranges as provided in subclause (B).
(vi) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication.
(b) The Division of Insurance shall develop a standard formulary template which a health care service plan shall use to comply with paragraph (4).
SECTION 5. Chapter 32A of the General Laws is hereby amended by inserting after section 27 the following section:-
Section 28.
(a) Any coverage offered by the commission to any active or retired employee of the commonwealth who is insured under the group insurance commission on or after January 1, 2018, shall:
(1) Provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan uses a formulary. The notice shall include an explanation of what a formulary is, how the plan determines which prescription drugs are included or excluded, and how often the plan reviews the contents of the formulary.
(2) Post the formulary or formularies for each product offered by the plan on the plan’s internet web site in a manner that is accessible and searchable by potential enrollees, enrollees, and providers.
(3) Update the formularies posted pursuant to paragraph (2) with any change to those formularies within 72 hours after making the change.
(4) Use a standard template developed pursuant to subsection (b) to display the formulary or formularies for each product offered by the plan.
(5) Include all of the following on any published formulary for any product offered by the plan, including, but not limited to, the formulary or formularies posted pursuant to paragraph (2):
(i) Any prior authorization, step therapy requirements, or utilization management requirements for each specific drug included on the formulary.
(ii) If the plan uses a Tier-based formulary, the plan shall specify for each drug listed on the formulary the specific Tier the drug occupies and list the specific co-payments for each Tier in the evidence of coverage.
(iii) For prescription drugs covered under the plans medical benefit and typically administered by a provider, plans must disclose to enrollees and potential enrollees, all covered drugs and the dollar cost-sharing imposed on such drugs. This information can be provided to the consumer as part of the plan’s formulary pursuant to paragraph (2) or via a toll free number that is staffed at least during normal business hours.
(iv) For each prescription drug included on the formulary under clauses (ii) or (iii) that is subject to a coinsurance and dispensed at an in-network pharmacy the plan must:
(A) disclose the dollar amount of the enrollee’s cost-sharing, or
(B) the plan can provide a dollar amount range of cost sharing for a potential enrollee of each specific drug included on the formulary, as follows:
Under $100 – $.
$100-$250 – $$.
$251-$500 – $$$.
$500-$1,000 – $$$$.
Over $1,000 -- $$$$$
(v) If the carrier allows the option for mail order pharmacy, the carrier separately must list the range of cost-sharing for a potential enrollee if the potential enrollee purchases the drug through a mail order facility utilizing the same ranges as provided in subclause (B).
(vi) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication.
(b) The Division of Insurance shall develop a standard formulary template which a health care service plan shall use to comply with paragraph (4).
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An Act relative to the compulsory automobile insurance limits
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S606
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SD650
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T15:44:33.927'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T15:44:33.9266667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-08T15:24:33.87'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-06T14:07:55.5966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T14:06:09.5033333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-03-15T09:58:21.1933333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-07-07T10:50:13.87'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S606/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 606) of Brendan P. Crighton, Mathew J. Muratore and Danillo A. Sena for legislation relative to the compulsory automobile insurance limits. Financial Services.
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SECTION 1. Section 34A of Chapter 90 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out in line 102 the word “twenty” and inserting in place thereof the word “fifty” and by striking out in line 104 the word “forty” and inserting in place thereof the word “one hundred”.
SECTION 2. Section 34O of Chapter 90 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out in line 17 the word “five” and inserting in place thereof the word “thirty”.
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An Act to increase access to nurse-midwifery services
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S607
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SD758
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T11:16:48.107'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T11:16:48.1066667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-08T15:23:25.1466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T15:23:25.1466667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-14T11:52:23.2066667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-14T11:52:23.2066667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-14T11:52:23.2066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T14:07:45.45'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-30T10:11:40.83'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-05-18T12:47:53.23'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S607/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 607) of Brendan P. Crighton, Lydia Edwards, Patrick M. O'Connor, Thomas M. Stanley and other members of the General Court for legislation relative to insurance coverage and access to nurse-midwifery services. Financial Services.
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SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 31. The commission shall provide to any active or retired employee of the commonwealth insured under the group insurance commission coverage for services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified nurse midwife’s authorization to practice by the board of registration in nursing; (2) the policy or contract currently provides benefits for identical services rendered by a health care provider licensed by the commonwealth; and (3) the reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician to achieve compliance with this section.
SECTION 2. Chapter 118E of the General Laws is hereby amended by adding the following section:-
Section 80. The division shall provide coverage for services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified nurse midwife’s authorization to practice by the board of registration in nursing; (2) the policy or contract currently provides benefits for identical services rendered by a health care provider licensed by the commonwealth; and (3) the reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician to achieve compliance with this section.
SECTION 3. Section 47E of Chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentences:- The reimbursement for the services provided pursuant to this section shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section.
SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO the following section:-
Section 8PP. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed in the commonwealth shall provide as a benefit to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified nurse midwife’s authorization to practice by the board of registration in nursing; (2) the policy or contract currently provides benefits for identical services rendered by a health care provider licensed by the commonwealth; and (3) the reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section.
SECTION 5. Section 4G of Chapter 176B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentences:- The reimbursement for the services provided pursuant to this section shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section.
SECTION 6. Section 4 of Chapter 176G is of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(g) services rendered by a certified nurse midwife designated to engage in the practice of nurse-midwifery by the board of registration in nursing pursuant to section 80C of chapter 112, subject to the terms of a negotiated agreement between the health maintenance organization and the provider of health care services. The reimbursement for the services provided shall be in the same amount as the reimbursement paid under the policy to a licensed physician performing the service in the area served. An insurer may not reduce the reimbursement paid to a licensed physician in order to comply with this section.
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An Act mandating access to cancer screenings for firefighters through health care benefits plans or programs provided by the public employer
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S608
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SD956
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T15:50:17.94'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T15:50:17.94'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-27T15:52:14.2866667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:52:14.2866667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-27T15:52:14.2866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T14:17:43.0666667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T14:17:43.0666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-08T15:22:04.4733333'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-08T15:22:04.4733333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-08T15:22:04.4733333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T15:14:28.0166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T14:06:00.3166667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-07T10:08:33.62'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-09-25T15:34:50.8133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S608/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 608) of Brendan P. Crighton, Vanna Howard, Susannah M. Whipps, Angelo J. Puppolo, Jr. and other members of the General Court for legislation to mandate access to cancer screenings for firefighters through health care benefits plans or programs provided by the public employer. Financial Services.
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A firefighter employed as a full-time paid employee of a fire department of the state or a city, town, fire or water district, shall be provided a cancer screening examination conducted by a physician not less than three years after the start of the firefighter’s employment as a firefighter and every three years thereafter during the course of the firefighter’s employment.
This section shall also apply to members of the Massachusetts military reservation fire department, members of the 104th fighter wing fire department, and members of the Devens fire department established pursuant to chapter 498 of the acts of 1993 and, for the purposes of this section, the Massachusetts Port Authority, the Massachusetts Military Reservation, the Barnes Air National Guard Base and the Devens Regional Enterprise Zone established pursuant to said chapter 498 shall be fire districts.
The examination shall include screening for, at a minimum and when applicable, the following cancers: colon; lung; bladder; oral; thyroid; skin; blood; breast; cervical; testicular; and prostate.
All costs associated with screenings provided under this section shall be borne by the firefighter’s health care benefits plan or program provided by the firefighter’s employer. No co-payment, deductible, coinsurance, or any out-of-pocket expense shall be required for such examinations.
This act shall take effect immediately upon passage.
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[]
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An Act relative to consumer deductibles
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S609
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SD1230
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T12:17:48.44'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T12:17:48.44'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-05-23T13:26:37.23'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-05-31T12:23:39.1433333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-07-12T16:29:50.4933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S609/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 609) of Brendan P. Crighton for legislation relative to consumer deductibles. Financial Services.
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Chapter 176O of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 27 the following section:-
Section 28. (a) In this Section, the following terms shall have the following meanings:
“Insurer” means any health insurance issuer that is subject to state law regulating insurance and offers health insurance coverage, as defined in 42 U.S.C. § 300gg-91, or any state or local governmental employer plan.
“Cost sharing requirement” means any copayment, coinsurance, deductible, or annual limitation on cost sharing (including but not limited to a limitation subject to 42 U.S.C. §§ 18022(c) and 300gg-6(b)), required by or on behalf of an enrollee in order to receive a specific health care service, including a prescription drug, covered by a health plan.
“Enrollee” means any individual entitled to health care services from an insurer.
“Health plan” means a policy, contract, certification, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services.
“Health care service” means an item or service furnished to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability.
“Person” means a natural person, corporation, mutual company, unincorporated association, partnership, joint venture, limited liability company, trust, estate, foundation, not-for-profit corporation, unincorporated organization, government or governmental subdivision or agency.
(b) When calculating an enrollee’s contribution to any applicable cost sharing requirement, an insurer shall include any cost sharing amounts paid by the enrollee or on behalf of the enrollee by another person. Any cost sharing or reductions made for an enrollee’s benefit or towards an enrollee’s applicable cost sharing requirement shall be applied in full at the time it is rendered and wholly towards the enrollee’s out-of-pocket costs, deductible, cost sharing or similar enrollee obligation.
(c) When calculating an enrollee’s contribution to the annual limitation on cost sharing set forth in 42 U.S.C. §§ 18022(c) and 300gg-6(b), an insurer shall include expenditures for any health care service covered by the enrollee’s health plan and included within a category of essential health benefits as described in 42 U.S.C. § 18022(b)(1).
This section shall apply with respect to health plans that are entered into, amended, extended, or renewed on or after January 1, 2024.
The Commission may promulgate such rules and regulations as it may deem necessary to implement this section.
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An Act relative to medical marijuana oversight
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S61
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SD2173
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T14:10:10.79'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T14:10:10.79'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S61/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 61) of Patrick M. O'Connor for legislation relative to medical marijuana oversight. Cannabis Policy.
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Section 5 of chapter 94I of the General Laws, as so appearing, is hereby amended by inserting after the word "commission." the following:-
The Commission may revoke or suspend a medical use marijuana license to investigate a medical use marijuana licensee who illegally sells medical use marijuana, or if they have been diagnosed with cannabis use disorder by healthcare professional.
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An Act for supportive care for serious mental illness
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S610
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SD873
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T15:33:13.2'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T15:33:13.2'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T20:24:40.19'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-05T16:25:58.73'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T09:36:15.47'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S610/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 610) of John J. Cronin and Vanna Howard for legislation relative to supportive care for serious mental illness. Financial Services.
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SECTION 1. Section 18 of chapter 15A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, any qualifying student health insurance plan authorized under this chapter shall provide coverage for coordinated specialty care services and assertive community treatment service as described under section 4FF of chapter 176G.
SECTION 2. Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 32. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) Coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee-for-service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 3. Chapter 112 of the General Laws is hereby amended by inserting after section 9K the following section:-
Section 9L. To credential the mental health professionals and other members of the multidisciplinary coordinated specialty care treatment team or an assertive community treatment team as described under section 32 of chapter 32A, section 39 of chapter 176A, section 26 of chapter 176B, section 34 of chapter 176G and section 14 of chapter 176I, the credentialing of the psychiatrist or the licensed clinical leader of the treatment team shall qualify all members of the treatment team to be credentialed with the insurer.
SECTION 4. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN the following section:-
Section 47OO. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) An individual policy of accident and sickness insurance issued under section 108 that provides hospital expense and surgical expense insurance and any group blanket or general policy of accident and sickness insurance issued under section 110 that provides hospital expense and surgical expense insurance that is issued or renewed within or without the commonwealth shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee-for-service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 5. Chapter 176A of the General Laws is hereby amended by adding the following section:-
Section 39. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) A contract between a subscriber and a nonprofit hospital service corporation under an individual or group hospital service plan shall provide coverage for wrap-around coordinated specialty care services for first-episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee for service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 6. Chapter 176B of the General Laws is hereby amended by adding the following section:-
Section 26. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) A contract between a subscriber and a medical service corporation shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee for service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 7. Chapter 176G of the General Laws is hereby amended by adding the following section:-
Section 34. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) A contract between a member and a health maintenance organization shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee for service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 8. Chapter 176I of the General Laws is hereby amended by adding the following section:-
Section 14. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) A preferred provider contract between a covered person and an organization shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee for service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 9. Not later than 6 months after the effective date of this act, the division of insurance shall convene a working group of insurance companies and mental health treatment providers that deliver the bundled treatment approaches listed in section 32 of chapter 32A, section 39 of chapter 176A, section 26 of chapter 176B, section 34 of chapter 176G and section 14 of chapter 176I to determine a coding solution to allow the bundled treatment models to be coded and paid for as a bundle of services, similar to bundled payments under a single billing code for physical health care.
SECTION 10. The group insurance commission, the division of insurance and the health connector shall promulgate any regulations necessary to implement this section not later than six months after enactment.
SECTION 11. All carriers must implement these benefits and demonstrate to the Division of Insurance the adequacy of their provider networks for these services by the effective date of this act. Any carrier that fails to demonstrate adequate networks of providers of these services by the effective date shall:
(a) assist any plan member to find an out-of-network CSC program or ACT program and to cover those services as if they were furnished in network; and
(b) report monthly to the Division of Insurance on the status of their networks, and pay a fine of $50,000 per month.
SECTION 12. After 5 years following full implementation of this act, the health policy commission, the division of insurance and the group insurance commission shall collaborate to perform an independent analysis of the impact of the coverage of the team-based treatment models provided under this section upon savings in hospitalization costs or other costs and on any increase in cost to the group insurance commission, the division of insurance or group insurance commission members. The analysis shall review claims payment and plan and consumer cost data for the largest group insurance commission plans that comprise at least 80 per cent of the covered lives at the time of the study.
SECTION 13. This act shall take effect 1 year after its passage.
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An Act relative to reimbursement for recovery peer specialists
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S611
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SD1325
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T15:10:24.533'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T15:10:24.5333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S611/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 611) of John J. Cronin for legislation relative to reimbursement for recovery peer specialists. Financial Services.
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Section 9A of chapter 176O is hereby amended by adding the following words:-
(f) limits the ability of the health care provider to negotiate a rate increase with a carrier that exceeds the healthcare cost growth benchmark as established in Chapter 6D of section 9 of the general laws.
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An Act relative to promoting healthcare access and affordability for patients
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S612
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SD1755
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:15:38.817'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:15:38.8166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S612/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 612) of John J. Cronin for legislation to promote healthcare access and affordability for patients. Financial Services.
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SECTION 1. Sections 131 and 226 of chapter 139 of the acts of 2012 are hereby repealed.
SECTION 2: Chapter 176O of the General Laws is hereby amended by adding the following section:-
Section 30. (a) For the purposes of this section, “estimated rebate” shall mean (1) negotiated price concessions including, but not limited to, base rebates and reasonable estimates of any price protection rebates and performance-based rebates that may accrue, directly or indirectly, to a carrier during the plan year from a pharmaceutical manufacturer, dispensing pharmacy, or other party to the transaction based on the amounts the carrier receives in the prior quarter or reasonably expects to receive in the current quarter; and (2) reasonable estimates of any fees and other administrative costs that are passed through to the carrier and serve to reduce the carrier's prescription drug liabilities for the plan year based on the amounts the carrier received in the prior quarter or reasonably expects to receive in the current quarter.
(b) A carrier shall annually certify to the commissioner that, during the prior plan year, the carrier made available to the insured at least 80 percent of the estimated rebates received by such carrier by reducing the amount of cost sharing that it would otherwise charge at the point of sale except that the reduction amount shall not result in a credit at the point of sale. Neither the insured nor the carrier is responsible for any difference between the estimated rebate amount and the actual rebate amount the carrier receives provided that such estimates were calculated in good faith.
(c) Beginning April 1, 2026 and annually thereafter, a carrier shall file with the division a report in the manner and form determined by the commissioner demonstrating the manner in which the carrier has complied with this section. If the commissioner determines that a carrier has not complied with one or more requirements of this section, the commissioner shall notify the carrier of such noncompliance and a date by which the carrier must demonstrate compliance. If the carrier does not come into compliance by such date, the division shall impose a fine not to exceed $5,000 for each day during which such noncompliance continues.
(d) In making the disclosures required under this section, a carrier shall not publish or otherwise reveal information regarding, or that can be reasonably be calculated to reveal, the amount of rebates it receives, including, but not limited to, information regarding the amount of rebates it receives on a product-, manufacturer-, or pharmacy-specific basis. Such information shall be considered to be a trade secret and confidential commercial information, and shall not be a public record and shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66. A carrier shall impose the confidentiality provision of this subsection on any vendor or third party that performs any services on behalf of the carrier and that may receive or have access to rebate or estimated rebate information.
(e) The commissioner shall adopt any written policies, procedures or regulations the commissioner determines necessary to implement this section.
SECTION 3. (a) Notwithstanding any general or special law to the contrary, the health policy commission, together with the secretary of the executive office of health and human services, shall conduct an analysis and issue a report on the future of cell and gene therapy in the commonwealth with the objective of addressing anticipated barriers to access that may exist with respect to such treatments for patients covered by MassHealth programs and other vulnerable populations. The analysis and report shall include, but not be limited to:
(1) a projection of the estimated total number of cell and gene therapy products, including information on the diseases and conditions such products will be approved to treat (including the total estimated number of lives impacted in the commonwealth, and the total number receiving care under MassHealth), that are expected to come to market in the U.S. (hereinafter the “products”) during a forecast period of 2025 to 2035 (hereinafter, the “forecast period”);
(2) an assessment of existing reimbursement frameworks and methodologies employed by MassHealth for the products to the extent purchased by health care facilities for administration to MassHealth beneficiaries during inpatient hospital stays;
(3) an assessment of whether the reimbursement frameworks and methodologies identified in subdivision (2) would lead to barriers to access to the products during the forecast period in light of the projected costs to the Massachusetts health care system associated with the utilization of the products, and whether such barriers to access, if any, would disproportionately impact MassHealth beneficiaries or other vulnerable populations, including population groups that may be more likely to have adverse health outcomes due to experience with historic disparities or discrimination, including racial or ethnic minority population groups;
(4) An assessment of whether the health care facility infrastructure in place and planned for development during the forecast period, and that is necessary of the administration of the products, will be adequate to ensure equitable access for patients in need of treatment with the products.
(b) To the extent that the analysis required under subdivision (3) of subsection (a) identifies any barriers to access, the commission and the secretary shall analyze and report on the reasons for such barriers and shall propose corrective policy solutions. If any identified barriers are the result of or otherwise related to current MassHealth reimbursement methodologies for gene and cell therapies, the commission and the secretary shall propose modifications to such methodologies to the extent authorized under Federal law. Such proposed modifications shall address and be designed to eliminate any disproportionate impact of the access barriers on MassHealth beneficiaries or other vulnerable populations.
(c) In conducting the analysis and producing the report as required by subsection (a), the secretary and the commission shall consult with the Massachusetts Biotechnology Council or a designee, the Massachusetts Hospital Association or a designee, the Conference of Boston Teaching Hospitals or a designee, and the rare disease advisory council established pursuant to section 26 of chapter 260 of the acts of 2020.
(d) The report shall be made available electronically on the commission’s website, and shall be filed with the secretary of administration and finance, the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on health care financing no later than July 30, 2025.
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An Act relative to community behavioral health centers
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S613
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SD1758
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:48:50.233'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:48:50.2333333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T13:05:00.72'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S613/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 613) of John J. Cronin and Michael O. Moore for legislation relative to community behavioral health centers. Financial Services.
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SECTION 1. Chapter 32A of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 30 the following new section:-
Section 31. (a) For the purposes of this section, the following words shall have the following meanings:
“Behavioral health bundled services”, services delivered by a community behavioral health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder, provided that services are reimbursed through a flat rate per encounter.
“Community Behavioral Health Centers”, a clinic licensed by the department of public health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00.
(b) Any health plan offered by the commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission benefits on a nondiscriminatory basis for medically necessary behavioral health bundled services delivered through community behavioral health centers.
SECTION 2. Chapter 175 of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 47PP the following new section:-
Section 47QQ. (a) For the purposes of this section, the following words shall have the following meanings:
“Behavioral health bundled services”, services delivered by a community behavioral health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder, provided that services are reimbursed through a flat rate per encounter.
“Community Behavioral Health Centers”, a clinic licensed by the department of public health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00.
(b) Any individual policy of accident and sickness insurance issued pursuant to section 108, which provides hospital expense and surgical expense insurance, and a group blanket or general policy of accident and sickness insurance issued pursuant to section 110, which provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall provide benefits on a nondiscriminatory basis for medically necessary behavioral health bundled services delivered through community behavioral health centers.
SECTION 3. Chapter 176A of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 38 the following new section:-
Section 39. (a) For the purposes of this section, the following words shall have the following meanings:
“Behavioral health bundled services”, services delivered by a community behavioral health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder, provided that services are reimbursed through a flat rate per encounter.
“Community Behavioral Health Centers”, a clinic licensed by the department of public health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00.
(b) Any contract between a subscriber and the corporation under an individual or group hospital service plan which is issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for medically necessary behavioral health bundled services delivered through community behavioral health centers.
SECTION 4. Chapter 176B of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 25 the following new section:-
Section 26. (a) For the purposes of this section, the following words shall have the following meanings:
“Behavioral health bundled services”, services delivered by a community behavioral health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder, provided that services are reimbursed through a flat rate per encounter.
“Community Behavioral Health Centers”, a clinic licensed by the department of public health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00.
(b) Any subscription certificate under an individual or group medical service agreement which is issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for medically necessary behavioral health bundled services delivered through community behavioral health centers.
SECTION 5. Chapter 176G of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section the following new section 33:-
Section 34. (a) For the purposes of this section, the following words shall have the following meanings:
“Behavioral health bundled services”, services delivered by a community behavioral health center as specified in title 101 of the code of Massachusetts regulations 305.00 for the evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder, provided that services are reimbursed through a flat rate per encounter.
“Community Behavioral Health Centers”, a clinic licensed by the department of public health and regulated pursuant to title 130 of the code of Massachusetts regulations 448.00.
(b) Any health maintenance contract issued or renewed within or without the commonwealth shall provide benefits on a nondiscriminatory basis for medically necessary behavioral health bundled services delivered through community behavioral health centers.
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An Act reining in premiums through stronger rate review
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S614
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SD1951
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T20:50:52.263'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T20:50:52.2633333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-28T10:42:49.7933333'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 614) of John J. Cronin and Joanne M. Comerford for legislation to rein in premiums through stronger rate review. Financial Services.
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SECTION 1. Section 6 of chapter 176J of the General Laws, as so appearing, is hereby amended by striking subsection (c) and inserting in place thereof the following subsection:-
(c) Notwithstanding any general or special law to the contrary, carriers offering small group health insurance plans, including carriers licensed under chapters 175, 176A, 176B or 176G, shall file small group product base rates and any changes to small group rating factors that are to be effective on January 1 of each year, on or before July 1 of the preceding year. The commissioner shall approve, modify or disapprove any proposed changes to base rates; provided, however, that the commissioner shall only modify or disapprove any proposed changes to base rates that are excessive, inadequate or unreasonable in relation to the benefits charged. The commissioner shall disapprove any change to small group rating factors that is discriminatory or not actuarially sound. Rates of reimbursement or rating factors included in the rate filing materials submitted for review by the division shall be deemed confidential and exempt from the definition of public records in clause Twenty-sixth of section 7 of chapter 4.
The commissioner, in consultation with the health policy commission and the center for health information and analysis, shall further consider whether the health insurance plans subject to the proposed rate change are affordable and whether the carrier has implemented effective strategies to enhance the affordability of its plans. To assess affordability, the commissioner may consider the following factors:
(1) implementation of strategies by the carrier to enhance the affordability of its products, including: (i) whether the carrier offers products that address the underlying cost of health care by creating appropriate incentives for consumers, employers, providers and the carrier itself that promote a focus on primary care, prevention and wellness, active management procedures for the chronically ill population, use of appropriate cost-efficient settings and use of evidence based, quality care; (ii) whether the carrier offers a spectrum of product choices to meet consumer needs; and (iii) whether the carrier employs delivery system reform and payment reform strategies to enhance cost effective utilization of appropriate services;
(2) rate change history over the prior three years for the population affected by the proposed rate change;
(3) the hardship on members affected by the proposed rate change and the ability of lower-income individuals to pay for health insurance, including how the proposed rate changes compare to changes in median household income and whether the proposed changes would disproportionately impact people of color based on existing race, ethnicity and language data collected by the carrier;
(4) trends, including: (i) historical rates of trend for existing products; (ii) national medical and health insurance trends; (iii) regional medical and health insurance trends; and (iv) inflation indices, such as the Consumer Price Index;
(5) efforts of the carrier to maintain close control over its administrative costs;
(6) constraints on affordability efforts including: (i) state and federal requirements; (ii) costs of medical services over which plans have limited control; and (iii) health plan solvency requirements; and
(7) any other relevant affordability factor, measurement or analysis as determined by the commissioner.
Nothing in this section shall preclude the commissioner from considering any factor that, in the commissioner’s discretion, is relevant to the final determination. The commissioner shall have authority to issue regulations and bulletins to facilitate consideration of the factors in this section. Nothing in this section shall preclude the commissioner from requesting from a carrier information or data to support these factors.
The commissioner shall adopt regulations to carry out this section.
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An Act relative to ensuring treatment for genetic craniofacial conditions
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S615
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SD369
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T16:48:19.743'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T16:48:19.7433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-22T13:53:04.0433333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T13:53:04.0433333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T13:53:04.0433333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-23T11:08:27.7966667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-09-26T15:53:10.71'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 615) of Julian Cyr, Joanne M. Comerford, Adam Gomez and Brian W. Murray for legislation relative to ensuring treatment for genetic craniofacial conditions. Financial Services.
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SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17Q the following section:-
Section 17R. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders, with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance or any abnormal structures caused by congenital disease of anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly. Including, but not limited to, ectodermal dysplasia, dentinogenesis imperfecta, amelogenesis imperfecta. Coverage shall not include cosmetic surgery or for dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the commission.
SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10L the following section:-
Section 10M. The division shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or for dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the division.
SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47KK the following section:-
Section 47LL. The following shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly.: (i) any policy of accident and sickness insurance, as described in section 108, which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder in or outside of the commonwealth; or (iii) any employees’ health and welfare fund which provides hospital expense and surgical expense benefits and which is delivered, issued or renewed to any person or group of persons in the commonwealth. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8MM, the following section:-
Section 8OO. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4MM the following section:-
Section 4OO. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4EE the following section:-
Section 4FF. Any individual or group health maintenance contract shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
SECTION 7. Chapter 176I of the General Laws, as so appearing, is hereby amended by inserting after section 12 the following section:-
Section 13. An organization entering into a preferred provider contract shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital defects, developmental deformities, trauma, tumors, infections or disease. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
SECTION 8. This act shall apply to all policies, contracts and certificates of health insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G and 176I, of the General Laws, as so appearing, issued or renewed, except any entity to the extent it offers a policy, certificate or contract that provides coverage for dental care services or vision care services.
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An Act relating to patient cost, benefit and coverage information, choice, and price transparency
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S616
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SD375
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T16:49:38.397'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T16:49:38.3966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S616/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 616) of Julian Cyr for legislation relative to patient cost, benefit and coverage information, choice, and price transparency. Financial Services.
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SECTION 1. Chapter 94C of the General Laws, is hereby amended by inserting after section 21C the following new section:-
Section 21D (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Cost-sharing information”, the amount an enrollee is required to pay in order to receive a drug that is covered under the enrollee’s health plan.
“Enrollee” a person who is receiving a health care benefit and assumes financial responsibility for outstanding costs associated with a prescription drug to treat a health condition for themself or a dependent member of their household.
''Health care benefit'', a full or partial payment for health care services or the right under a contract or a certificate or policy of insurance to have a full or partial payment made by a health plan, as defined in this section, for a specified health care service.
“Health plan” any insurance company authorized to provide health insurance in this state or any legal entity which is self-insured and providing health care benefits to its employees.
“Interoperability element”, hardware, software, integrated technologies or related licenses, technical information, privileges, rights, intellectual property, upgrades, or services that may be necessary to provide the data set forth in subsection (b)(3) in the requested format and consistent with subsection(b)(1).
“Patient” the enrollee or dependent family member of the enrollee who is treated by a prescribing physician.
“Personal Representative” a person, who has been identified by the enrollee or by the commonwealth on behalf of the enrollee, to assist with decision making during their medical appointment, such as: a child accompanying an elderly parent, a healthcare proxy, a parent of a minor child, or a spouse.
“Pharmacy benefit manager” (a) For the purposes of this section, the term ''pharmacy benefit manager'' shall mean any person or entity that administers the (i) prescription drug, prescription device or pharmacist services or (ii) prescription drug and device and pharmacist services portion of a health benefit plan on behalf of plan sponsors, including, but not limited to, self-insured employers, insurance companies and labor unions. A health benefit plan that does not contract with a pharmacy benefit manager shall be considered a pharmacy benefit manager for the purposes of this section, unless specifically exempted.
“Prescribing practitioner” a physician, nurse practitioner, or physician’s assistant who writes a prescription for a patient during the course of care for a medical condition.
(b) Any health plan or pharmacy benefit manager shall, upon request of the patient, enrollee, their prescribing practitioner, or their personal representative, furnish the cost, benefit, and coverage data set forth in subsection (3) to the enrollee, their prescribing practitioner, or their personal representative and shall ensure that such cost, benefit, and coverage data is (i) current as of one business day after any change is made; (ii) provided in real time; and (iii) in the same format that the request is made by the enrollee or their prescribing practitioner.
(1) The format of the request shall use established industry content and transport standards published by:
(i) a standards developing organization accredited by the American National Standards Institute, included but not limited to, the National Council for Prescription Drug Programs, ASC X12, Health Level 7; or
(ii) a relevant federal or state agency or government body, included but not limited to the Center for Medicare & Medicaid Services or the Office of the National Coordinator for Health Information technology, The Commonwealth of Massachusetts Department of Public Health, Division of Insurance, Health Policy Commission, or Center for Health Information and Analysis.
(2) A facsimile, proprietary payor or patient portal, or other electronic form other than as required by section (b) shall not be considered acceptable electronic formats pursuant to this section.
(3) Upon such request, the following data shall be provided for any prescription drug covered under the enrollee’s health plan:
(i) the patient’s current eligibility information for such prescription drug;
(ii) a list of any clinically-appropriate alternatives to such prescription drug covered under the enrollee’s current health plan;
(iii) cost-sharing information for such prescription drug and such clinically-appropriate alternatives, including a description of any variance in cost-sharing based on pharmacy, whether retail or mailorder, or health care provider dispensing or administering such prescription drug or such alternatives;
(iv) any applicable utilization management requirements for such prescription drug or such clinically-appropriate alternatives, including prior authorization, step therapy, quantity limits, and site-of-service restrictions
(4) Any health plan or pharmacy benefit manager shall furnish the data set forth in subsection (b)(3), whether the request is made using the prescription drug’s unique billing code, such as a National Drug Code or Healthcare Common Procedure Coding System code or descriptive term, such as the brand or generic name of the prescription drug.
(i) A health plan or pharmacy benefit manager shall not deny or delay a request as a method of blocking the data set forth in subsection (b)(3) from being shared based on how the drug was requested.
(c) Any health plan or pharmacy benefit manager furnishing the data set forth in subsection (b)(3), shall not:
(1) restrict, prohibit, or otherwise hinder, in any way, a prescribing practitioner or health care professional from communicating or sharing:
(i) any of the data set forth in subsection (b)(3);
(ii) additional information on any lower-cost or clinically-appropriate alternatives, whether or not they are covered under the enrollee’s plan; or
(iii) additional payment or cost-sharing information that may reduce the patient’s out-of-pocket costs, such as cash price or patient assistance and support programs whether sponsored by a manufacturer, foundation, or other entity;
(2) Except as may be required by law, interfere with, prevent, or materially discourage access, exchange, or use of the data set forth in subsection (b)(3), which may include charging fees, not responding to a request at the time made where such a response is reasonably possible, implementing technology in nonstandard ways or instituting enrollee consent requirements, processes, policies, procedures, or renewals that are likely to substantially increase the complexity or burden of accessing, exchanging, or using such data; nor
(3) penalize a prescribing practitioner or professional for disclosing such information to an enrollee or their personal representative, or for prescribing, administering, or ordering a clinically appropriate or lower-cost alternative.
(4) Any health plan or pharmacy benefit manager shall treat an enrollee’s identified personal representative as the enrollee for purposes of this section.
(5) If under applicable law a person has authority to act on behalf of an enrollee in making decisions related to health care, a health plan or pharmacy benefit manager, or its affiliates or entities acting on its behalf, must treat such person as a personal representative under this section.
(d) Reimbursement for fees imposed for data access pursuant to this section may be negotiated and contracted between a health plan or pharmacy benefit manager and a prescribing provider upon mutual agreement
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An Act relative to applied behavioral analysis therapy
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S617
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SD395
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:21:16.833'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:21:16.8333333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-07T16:32:08.8'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-07T16:32:08.8'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T13:55:29.43'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-22T13:55:29.43'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-07T16:12:31.3966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-21T09:50:10.4333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S617/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 617) of Julian Cyr, Michael D. Brady, Joanne M. Comerford, James B. Eldridge and other members of the Senate for legislation relative to applied behavioral analysis therapy. Financial Services.
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SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 25A. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.
SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10L the following section:-
Section 10H1/2 The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down Syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.
SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47KK the following section:-
Section 47AA1/2. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.
SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8MM the following section:-
Section 8NDD1/2 Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.
SECTION 5. Chapter 176B of the General laws is hereby amended by inserting after section 4MM the following section:-
Section 4DD1/2. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.
SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4EE the following section:-
Section 4V1/2. An individual or group health maintenance contract that is issued or renewed shall provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. For purposes of this section, “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.
SECTION 7. This act shall take effect on January 1, 2024.
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An Act relative to telehealth parity for nutrition counseling
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S618
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SD440
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:04:48.937'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:04:48.9366667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-21T09:43:42.04'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T12:34:45.4966667'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 618) of Julian Cyr for legislation relative to telehealth parity for nutrition counseling. Financial Services.
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SECTION 1. Section 30 of chapter 32A of the General Laws, as inserted by section 3 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-
“Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
SECTION 2. Said section 30 of said chapter 32A of the General Laws, as inserted by section 3 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) The commission shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 3. Section 79 of chapter 118E of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-
“Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
SECTION 4. Said section 79 of said chapter 118E of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) The division shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 5. Subsection (a) of section 47MM of chapter 175 of the General Laws, as inserted by section 47 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-
“Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
SECTION 6. Said section 47MM of said chapter 175 of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) Insurance companies organized under this chapter shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 7. Section 38 of chapter 176A of the General Laws, as inserted by section 49 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-
“Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
SECTION 8. Said section 38 of said chapter 176A of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) Hospital service corporations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 9. Section 25 of chapter 176B of the General Laws, as inserted by section 51 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-
“Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
SECTION 10. Said section 25 of said chapter 176B of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) Medical service corporations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 11. Section 33 of chapter 176G of the General Laws, as inserted by section 51 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-
“Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
SECTION 12. Said section 33 of chapter 176G of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) Health maintenance organizations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 13. Section 13 of chapter 176I of the General Laws, as inserted by section 51 of chapter 260 of the acts of 2020, is hereby amended by inserting after the definition for “behavioral health services” the following definition:-
“Nutrition counseling”, care and services, including, but not limited to, medical nutrition therapy, provided by a dietitian/nutritionist licensed by the board of registration of dietitians and nutritionists pursuant to sections 201 to 210, inclusive, of chapter 112 of the General Laws.
SECTION 14. Said section 13 of chapter 176I of the General Laws, as inserted by section 40 of chapter 260 of the acts of 2020, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) Organizations shall ensure that the rate of payment for in-network providers of behavioral health services and in-network providers of nutrition counseling delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services and providers of nutrition counseling covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
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An Act to address barriers to HIV prevention medication
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S619
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SD704
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-17T19:08:32.573'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-17T19:08:32.5733333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T16:06:41.0733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-07T16:34:19.97'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-07T16:34:19.97'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T16:34:19.97'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T16:34:19.97'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-22T13:57:09.9066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-28T12:49:26.4'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T11:39:10.1366667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T14:26:12.0833333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T13:38:13.53'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-04-04T10:18:34.2433333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-24T16:03:30.7866667'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 619) of Julian Cyr, Jack Patrick Lewis, Joanne M. Comerford, Susannah M. Whipps and other members of the General Court for legislation to address barriers to HIV prevention medication. Financial Services.
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SECTION 1: (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:-
“HIV”, human immunodeficiency virus.
“HIV prevention drug”, any preexposure prophylaxis drug approved for the prevention of HIV by the federal Food and Drug Administration, including any ancillary or support health service determined by the secretary of health and human services that is necessary to: (1) ensure that such a drug is prescribed or administered to a person who is not infected with HIV and has no medical contraindications to the use of such a drug; and (2) monitor such a person to ensure the safe and effective ongoing use of such a drug through: (A) an office visit; (B) laboratory testing; (C) testing for a sexually transmitted infection; (D) medication self-management and adherence counseling; (E) or any other health service specified as part of comprehensive HIV prevention drug services by the United States Department of Health and Human Services, the United States Centers for Disease Control and Prevention or the United States Preventive Services Task Force.
(b)(1) Notwithstanding any general or special law to the contrary, any policy, contract or certificate of health insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G, 176I, 176J or 176Q of the General Laws that provides coverage for any HIV prevention drug shall not require:
(A) any cost-sharing, including co-payments or co-insurance, or any deductible; and
(B) prior authorization, step therapy or any other protocol that could restrict or delay the dispensing or provision of any HIV prevention drug.
(2) The commissioner of the division of insurance, in consultation with the secretary of health and human services, shall adopt any written policies, procedures or regulations necessary to implement this subsection.
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An Act relative to data transparency in the cannabis industry
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S62
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SD780
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T12:25:59.967'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T12:25:59.9666667'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 62) of John C. Velis for legislation relative to data transparency in the cannabis industry. Cannabis Policy.
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SECTION 1. Chapter 94G of the General Laws is hereby amended by inserting after Section 21, the following section:-
Section 22. (a) The commission shall collect, compile, and make available to the public on its open data website, from independent testing laboratories as defined in Section 15 the following information, but not limited to, (a) the industry average for: (i) failure rates for pesticides; (ii) failure rates for heavy metals; (iii) failure rates for microbiological contaminants; (iv) failure rates for residual solvents; (v) failure rates for mycotoxins; (vi) moisture content for flowers (vii) THC and THCA for flowers; (viii) THC and THCA for vapes; (ix) THC and THCA for concentrates; (x) total terpenes for flowers; (xi) total terpenes for concentrates; and (xii) total terpenes for vapes; (b) per licensed lab, the average for: (i) failure rates for pesticides; (ii) failure rates for heavy metals; (iii) failure rates for microbiological contaminants; (iv) failure rates for residual solvents; (v) failure rates for mycotoxins; (vi) moisture content for flowers; (vii) THC and THCA for flowers; (viii) THC and THCA for vapes; (ix) THC and THCA for concentrates; (x) total terpenes for flowers; (xi) total terpenes for concentrates; and (xii) total terpenes for vapes.
(b) The open data website shall include all laboratory data listed in subsection(a) that was submitted to the commission prior to enactment. The open data website shall be updated and published on a quarterly basis detailing information from the preceding quarter.
(c) The commission shall investigate and publicly report the reason for the discrepancy for individual laboratories that are statistically significant outliers in terms of their testing results.
(d) The commission shall promulgate regulations in accordance with this section no later than one year after the effective.
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An Act requiring prospective payment system methodology for reimbursement to community health centers
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S620
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SD1545
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-19T17:21:40.293'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-19T17:21:40.2933333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T16:33:41.3233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-07T16:33:41.3233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T16:33:41.3233333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-07T16:33:41.3233333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T16:33:41.3233333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T17:20:47'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-22T13:51:02.83'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-22T13:51:02.83'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-22T13:51:02.83'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-28T12:48:54.27'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-14T17:45:40.0133333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-26T18:14:33.16'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S620/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 620) of Julian Cyr, John J. Cronin, Joanne M. Comerford, Jack Patrick Lewis and other members of the General Court for legislation to require prospective payment system methodology for reimbursement to community health centers. Financial Services.
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SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 32 the following new section:-
Section 33. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Federally Qualified Health Center”, any entity receiving a grant under 42 USC 254B.
"Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. 1396d(a)(2)(C)
(b) Notwithstanding any general or special law to the contrary, the Commission shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(c) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
SECTION 2. Chapter 118E of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 13d ½ the following new section:-
Section 13d ¾. (a) For purposes of this section, the term “community health center” shall mean any entity reimbursed as a community health center under this chapter.
(b) Notwithstanding any general or special law to the contrary, reimbursement for community health centers under this chapter, shall be through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as appearing in Title 42 of the United States Code as of January 1, 2023.
SECTION 3. Chapter 175 of the General law, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 47TT the following new section:-
Section 47UU. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Federally Qualified Health Center”, any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. 1396d(a)(2)(C)
(b) Notwithstanding any general or special law to the contrary, insurers organized under this chapter shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(c) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
(d) The division of insurance shall issue regulations governing issuance of payments to community health centers to conform with this section.
SECTION 4. Chapter 176A of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 38 the following new section:-
Section 39. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Federally Qualified Health Center”, any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. 1396d(a)(2)(C)
(b) Notwithstanding any general or special law to the contrary, any corporation organized under this chapter shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(c) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
SECTION 5. Section 1 of Chapter 176B of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Dependent” the following new definitions:-
“Federally Qualified Health Center,” any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services,” shall have the same definition as such term is defined in 42 U.S.C. 1396d(a)(2)(C).
SECTION 6. Chapter 176B of the General laws, as so appearing is hereby further amended by inserting after Section 25 the following new section:-
Section 26: (a) Notwithstanding any general or special law to the contrary, any medical service plan organized under this Chapter shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
SECTION 7. Section 1 of chapter 176E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Dental Service Corporation” the following new definitions:-
“Federally Qualified Health Center,” any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services,” shall have the same definition as such term is defined in 42 U.S.C. 1396d(a)(2)(C).
SECTION 8. Said chapter 176E is further amended by inserting after section 15A the following new section:-
Section 15B. (a) Notwithstanding any general or special law to the contrary, any Dental Service Corporation organized under this Chapter shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
SECTION 9. Section 1 of chapter 176G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Evidence of Coverage” the following new definitions:-
“Federally Qualified Health Center,” any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services,” shall have the same definition as such term is defined in 42 U.S.C. 1396d(a)(2)(C).
SECTION 10. Said chapter 176G is further amended by inserting after section 33 the following new section:-
Section 34. (a) Notwithstanding any general or special law to the contrary, any Health Maintenance Organization organized under the laws of the Commonwealth shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
SECTION 11. Section 1 of chapter 176I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Emergency Care” the following new definitions:-
“Federally Qualified Health Center,” any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services,” shall have the same definition as such term is defined in 42 U.S.C. 1396d(a)(2)(C).
SECTION 12. Said chapter 176I, as so appearing, is further amended by inserting after section 13 the following new section:-
Section 14. (a) Notwithstanding any general or special law to the contrary, any preferred provider contract shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
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An Act relative to gender-affirming hair removal treatment
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S621
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SD2063
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T12:41:29.89'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T12:41:29.89'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-21T09:33:28.94'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-10-05T07:45:59.0933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S621/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 621) of Julian Cyr for legislation relative to gender-affirming hair removal treatment. Financial Services.
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SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 30 the following new section:-
Section 31. (a) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the commission.
(b) A health insurance carrier may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.
SECTION 2. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 10N the following new section:-
Section 10O. (a) The division shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the division.
(b) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.
SECTION 3. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 47TT the following new section:-
Section 47UU. (a) The following shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. (i) any policy of accident and sickness insurance, as described in section 108, which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder in or outside of the commonwealth; or (iii) any employees’ health and welfare fund which provides hospital expense and surgical expense benefits and which is delivered, issued or renewed to any person or group of persons in the commonwealth. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
(b) A health insurance carrier may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.
SECTION 4. Chapter 176A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 38 the following new section:-
Section 39. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
(b) A health insurance carrier may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.
SECTION 5. Chapter 176B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 25 the following new section:-
Section 26: Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
(b) A health insurance carrier may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.
SECTION 6. Chapter 176G of the General Laws, as appearing in the 202 Official Edition, is hereby amended by inserting after section 33 the following new section:-
Section 34. Any individual or group health maintenance contract shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
(b) A health insurance carrier may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.
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An Act relative to LGBTQ family building
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S622
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SD2081
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T12:49:34.99'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T12:49:34.99'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-07T16:34:51.1233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T16:34:51.1233333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T16:10:58.94'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S622/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 622) of Julian Cyr, Lindsay N. Sabadosa, Jason M. Lewis and Paul R. Feeney for legislation relative to LGBTQ family building. Financial Services.
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SECTION 1. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 47H and inserting in place thereof the following section:-
Section 47H. Any blanket or general policy of insurance, except a blanket or general policy of insurance which provides supplemental coverage to medicare or other governmental programs, described in subdivisions (A), (C) or (D) of section one hundred and ten that provides hospital expense or surgical expense insurance that includes pregnancy-related benefits and is issued or subsequently renewed by agreement between the insurer and the policyholder, within or without the commonwealth, while this provision is effective, or any policy of accident and sickness insurance as described in section one hundred and eight that provides hospital expense or surgical expense insurance that includes pregnancy-related benefits and is delivered or issued for delivery or subsequently renewed by agreement between the insurer and the policyholder in the commonwealth while this provision is effective, or any employees' health and welfare fund that provides hospital expense and surgical expense benefits that includes pregnancy-related benefits and is promulgated or renewed to any person or group of persons in the commonwealth while this provision is effective shall provide, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for medically necessary expenses of diagnosis of infertility and fertility treatment and preservation to persons residing within the commonwealth. Said benefits shall meet all other terms and conditions of the policy of insurance, provided however there shall be no conditions to receive said benefits based on required waiting periods, number of attempts, prior treatment, age, sexual orientation or familial status.
For purposes of this section, “infertility” shall mean the condition of an individual, whereby an individual is unable to become pregnant or to carry a pregnancy to live birth, or whereby an individual is unable to cause pregnancy and live birth in the individual’s partner. An individual qualifies for the diagnosis of infertility and fertility treatment and preservation under this section if the following conditions are met: (1) a board-certified or board-eligible obstetrician-gynecologist, subspecialist in reproductive endocrinology, oncologist, urologist or andrologist verifies that the individual has a need for infertility treatment; or (2) the individual has not been able to carry a pregnancy to live birth. Coverage under this section, and any limitations thereon, shall be based on standards or guidelines developed by the American Society for Reproductive Medicine or the Society for Assisted Reproductive Technology. Provided further, that standard fertility preservation services, consistent with established medical practices and professional guidelines, shall be covered (a) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (b) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue.
SECTION 2. Chapter 176A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking section 8K and inserting in place thereof the following:-
Section 8K. Any contract, except contracts providing supplemental coverage to medicare or other governmental programs, between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued for delivery or renewed in the commonwealth while this provision is effective and that provides pregnancy-related benefits shall provide as a benefit for all individual subscribers or members within the commonwealth and all group members having a principal place of employment within the commonwealth, to the same extent that benefits are provided for other pregnancy-related procedures, coverage for medically necessary expenses of diagnosis of infertility and fertility treatment and preservation. Said benefits shall meet all other terms and conditions of the subscriber certificate, provided however there shall be no conditions to receive said benefits based on required waiting periods, number of attempts, prior treatment, age, sexual orientation or familial status.
For purposes of this section, “infertility” shall mean the condition of an individual, whereby an individual is unable to become pregnant or to carry a pregnancy to live birth, or whereby an individual is unable to cause pregnancy and live birth in the individual’s partner. An individual qualifies for the diagnosis of infertility and fertility treatment and preservation under this section if the following conditions are met: (1) a board-certified or board-eligible obstetrician-gynecologist, subspecialist in reproductive endocrinology, oncologist, urologist or andrologist verifies that the individual has a need for infertility treatment; or (2) the individual has not been able to carry a pregnancy to live birth. Coverage under this section, and any limitations thereon, shall be based on standards or guidelines developed by the American Society for Reproductive Medicine or the Society for Assisted Reproductive Technology. Provided further, that standard fertility preservation services, consistent with established medical practices and professional guidelines, shall be covered (a) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (b) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue.
SECTION 3. Chapter 176B of the General Laws is hereby amended by striking out section 4J and inserting in place thereof the following new section:-
Section 4J. Any subscription certificate under an individual or group medical service agreement, except certificates that provide supplemental coverage to medicare or other governmental programs, that is delivered, issued for delivery or renewed in the commonwealth while this section is effective shall provide as a benefit for all individual subscribers or members within the commonwealth and all group members having a principal place of employment within the commonwealth, to the same extent that benefits are provided for other pregnancy-related procedures and subject to the other terms and conditions of the subscription certificate, coverage for medically necessary expenses of diagnosis of infertility and fertility treatment and preservation. Said benefits shall meet all other terms and conditions of the subscription certificate, provided however there shall be no conditions to receive said benefits based on required waiting periods, number of attempts, prior treatment, age, sexual orientation or familial status.
For purposes of this section, “infertility” shall mean the condition of an individual, whereby an individual is unable to become pregnant or to carry a pregnancy to live birth, or whereby an individual is unable to cause pregnancy and live birth in the individual’s partner. An individual qualifies for the diagnosis of infertility and fertility treatment and preservation under this section if the following conditions are met: (1) a board-certified or board-eligible obstetrician-gynecologist, subspecialist in reproductive endocrinology, oncologist, urologist or andrologist verifies that the individual has a need for infertility treatment; or (2) the individual has not been able to carry a pregnancy to live birth. Coverage under this section, and any limitations thereon, shall be based on standards or guidelines developed by the American Society for Reproductive Medicine or the Society for Assisted Reproductive Technology. Provided further, that standard fertility preservation services, consistent with established medical practices and professional guidelines, shall be covered (a) when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause (b) impairment of fertility by affecting reproductive organs or processes. Said coverage will include the coverage for procurement, cryopreservation, and storage of gametes, embryos or other reproductive tissue.
SECTION 4. (a) The office of health equity shall investigate, analyze and study the affordability, accessibility and practicality of the resources and services available to lesbian, gay, bisexual, transgender and queer, hereinafter LGBTQ, individuals and couples seeking to expand their families and to make recommendations to improve access to benefits and services where necessary. The office shall: (i) examine availability of assistive reproductive technology providers in rural and geographically isolated areas; (ii) assess the funding and programming needed to enhance services to the growing population LGBTQ parents; (iii) examine the feasibility of developing statewide training curricula to improve provider competency in the delivery of health and social support services to LGBTQ parents; (iv) examine the extent to which out-of-pocket cost associated with becoming a parent is impacted by sexual orientation and gender identity; (v) examine policies and practices used by cryobanks related to known donors for non-traditional families and LGBTQ donors; (vi) recommend best practices for increasing access to services and eliminating disparities; (vii) make recommendations to improve resources available to LGBTQ individuals relative to parentage, including but not limited to adoption, surrogacy and assistive reproductive technology; and (viii) make recommendations relative to education for providers of care and services to increase cultural competency and referrals to relevant resources.
(b) The office, in formulating its recommendations, shall take into account the best policies and practices in other states and jurisdictions. The office may consult experts, hold regular public meetings, fact-finding hearings and other public forums as it considers necessary.
(c) The study may be conducted by an entity with a demonstrated capacity to deliver research results passing an academic peer-review process in analyzing both quantitative and qualitative data and to communicate study results in an accessible manner.
(d) The office shall receive data to complete the charge of this study under memorandums of understanding with the center for health information and analysis established under chapter 12C of the General Laws, the group insurance commission established under chapter 32A of the General Laws and MassHealth established under chapter 118E of the General Laws, respectively.
(e) The office shall submit the findings of the study to clerks of the senate and house of representatives, the joint committee on children, youth, and families, the joint committee on public health, the joint committee on health care financing and the house and senate committees on ways and means not later than December 31, 2021.
SECTION 5. Chapter 112 of the General Laws is hereby amended by inserting after section 5N the following section:-
Section 5O. The board of registration in medicine established pursuant to section 5B shall, in collaboration with experts in lesbian, gay, bisexual, transgender and queer, hereinafter LGBTQ, family building, and in coordination with the American Society for Reproductive Medicine or the Society for Assisted Reproductive Technology, develop or provide for, and make available to any physician, a professional development training module regarding resources and services available to LGBTQ couples seeking to expand their families. The goal of the training module shall be to encourage physicians to speak with their patients, and to increase a physician's competency in having effective discussions with patients and families in an appropriate manner. The training module shall include information on: (i) the prevention and elimination of discrimination based on sexual orientation, gender identity and expression in medical settings; (ii) improving access to services for LGBTQ individuals; and (iii) options for LGBTQ individuals seeking to start or grow their family.
The training module developed shall be accepted by the board as up to 2 continuing professional development credits.
SECTION 6. The training curriculum established pursuant to section 5N of chapter 112 of the General Laws shall be completed within 9 months of enactment of the legislation.
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An Act relative to growth opportunities for state financial institutions
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S623
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SD1387
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T11:29:26.377'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T11:29:26.3766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S623/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 623) of Sal N. DiDomenico for legislation to strengthen the state credit union charter. Financial Services.
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SECTION 1. Section 15 of Chapter 167I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following two paragraphs:-
Subject to the written approval of the commissioner, a bank may be dissolved and liquidate its affairs if authorized by a vote passed, at a meeting specially called to consider the subject, by at least 2/3 of the voting body of the bank. A committee of 3 members prescribed by the commissioner, shall liquidate the assets and after satisfying all debts of the bank shall distribute the remaining proceeds among those entitled thereon in proportion to their respective interests therein.
If the liquidation of a mutual bank or stock bank is to be effected in whole or in part through the sale of any of its assets to and the assumption of its deposit and other liabilities, including all contingent liabilities, by a bank in mutual form or by a credit union as part of a business combination, the purchase and sale agreement must also be approved pursuant to section 8 of this chapter. The commissioner shall establish expedited liquidation procedures for such business combination transactions whereby the mutual bank or stock bank is dissolved immediately after the combination. However, if any liabilities will remain in the mutual bank or stock bank, the standard liquidation procedures shall apply.
SECTION 2. Chapter 171 of the General Laws is hereby amended by adding after section 78A the following section:-
Section 78B. A credit union may purchase in whole or in part any of the assets of and assume the deposit liabilities of any mutual bank or stock bank pursuant to section 8 of chapter 167I and the mutual bank or stock bank may be liquidated under the expedited procedures for such business combination transactions under section 15 of said chapter 167I. If the main office and branches of such bank are purchased, they shall become branches of the credit union without any other approval required. The depositors of such bank shall become members of the credit union within 2 years after such transaction is approved or for such longer period as may be approved by the commissioner.
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An Act to encourage retirement planning
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S624
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SD2088
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T19:39:45.287'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T19:39:45.2866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S624/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 624) of Sal N. DiDomenico for legislation to encourage retirement planning. Financial Services.
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SECTION 1. Chapter 10 of the Massachusetts General Law is hereby amended by adding after Section 35I the following new Section: “ Section 35I 1⁄2. The Massachusetts Secure Choice Savings Program Act”.
SECTION 2. Unless the context requires a different meaning or as expressly provided in this Section, all terms shall have the same meaning as when used in a comparable context in the Internal Revenue Code. As used in this Act:
"Board" means the Massachusetts Secure Choice Savings Board established under this Act.
"Department" means the Department of Revenue.
"Commissioner" means the Commissioner of Revenue.
"Employee" means any individual who is 18 years of age or older, who is employed by an employer, and who has wages that are allocable to Massachusetts during a calendar year under the provisions of Massachusetts General Laws, Chapter 62.
"Employer" means a person or entity engaged in a business, industry, profession, trade, or other enterprise in the Commonwealth of Massachusetts, whether for profit or not for profit, that (i) has at no time during the previous calendar year employed fewer than 5 employees in the State, (ii) has been in business at least 2 years, and (iii) has not offered a qualified retirement plan, including, but not limited to, a plan qualified under Section 401(a), Section 401(k), Section 403(a), Section 403(b), Section 408(k), Section 408(p), or Section 457(b) of the Internal Revenue Code of 1986 in the preceding 2 years.
"Enrollee" means any employee or former employee who is enrolled in the Program.
"Fund" means the Massachusetts Secure Choice Savings Program Fund.
"Internal Revenue Code" means Internal Revenue Code of 1986, or any successor law, in effect for the calendar year.
"IRA" means a Roth IRA (individual retirement account) under Section 408A or a traditional IRA under Section 408 of the Internal Revenue Code.
"Participating employer" means an employer that provides a payroll deposit retirement savings arrangement as provided for by this Act for its employees who are enrolled in the Program.
"Payroll deposit retirement savings arrangement" means an arrangement by which a participating employer allows enrollees to remit payroll deduction contributions to the Program.
"Program" means the Massachusetts Secure Choice Savings Program.
"Wages" means any compensation within the meaning of Section 219(f)(1) of the Internal Revenue Code that is received by an enrollee from a participating employer during the calendar year.
SECTION 3. A retirement savings program in the form of an automatic enrollment payroll deduction IRA, known as the Massachusetts Secure Choice Savings Program, is hereby established and shall be administered by the Board for the purpose of promoting greater retirement savings for private-sector employees in a convenient, low-cost, and portable manner.
SECTION 4. (a) The Massachusetts Secure Choice Savings Program Fund is hereby established as a trust outside of the State Treasurer’s Office, with the Board as its trustee. The Fund shall include the individual retirement accounts of enrollees, which shall be accounted for as individual accounts. Moneys in the Fund shall consist of moneys received from enrollees and participating employers pursuant to automatic payroll deductions and contributions to savings made under this Act. The Fund shall be operated in a manner determined by the Board, provided that the Fund is operated so that the accounts of enrollees established under the Program meet the requirements for IRAs under the Internal Revenue Code.
(b) The amounts deposited in the Fund shall not constitute property of the Commonwealth and the Fund shall not be construed to be a department, institution, or agency of the Commonwealth. Amounts on deposit in the Fund shall not be commingled with Commonwealth funds and the Commonwealth shall have no claim to or against, or interest in, such funds.
SECTION 5. The Massachusetts Secure Choice Administrative Fund ("Administrative Fund") is created as a nonappropriated, separate and apart trust fund in the State Treasurer’s Office. The Board shall use moneys in the Administrative Fund to pay for administrative expenses it incurs in the performance of its duties under this Act. The Administrative Fund may receive any grants or other moneys designated for administrative purposes from the State, or any unit of federal or local government, or any other person, firm, partnership, or corporation. Any interest earnings that are attributable to moneys in the Administrative Fund must be deposited into the Administrative Fund.
SECTION 6. There is created the Massachusetts Secure Choice Savings Board.
(a) The Board shall consist of the following 7 members:
(1) the State Treasurer, or his or her designee, who shall serve as chair;
(2) the State Comptroller, or his or her designee;
(3) the Secretary of the Commonwealth, or his or her designee;
(4) two public representatives with expertise in retirement savings plan administration or investment, or both, appointed by the Governor;
(5) one representative of participating employers, appointed by the Governor;
(6) one representative of enrollees, appointed by the Secretary of the Commonwealth.
(b) Members of the Board shall serve without compensation but may be reimbursed for necessary travel expenses incurred in connection with their Board duties from funds appropriated for the purpose.
(c) The initial appointments shall be as follows: one public representative for 4 years; one public representative for 2 years; the representative of participating employers for 3 years; and the representative of enrollees for 1 year. Thereafter, all appointments shall be for terms of 4 years.
(d) A vacancy in the term of an appointed Board member shall be filled for the balance of the unexpired term in the same manner as the original appointment.
(e) Each Board member, prior to assuming office, shall take an oath that he or she will diligently and honestly administer the affairs of the Board and that he or she will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the Program.
The oath shall be certified by the officer before whom it is taken and immediately filed in the office of the Secretary of the Commonwealth.
SECTION 7. The Board, the individual members of the Board, the trustee appointed under subsection (b) of Section 8, any other agents appointed or engaged by the Board, and all persons serving as Program staff shall discharge their duties with respect to the Program solely in the interest of the Program's enrollees and beneficiaries as follows:
(1) for the exclusive purposes of providing benefits to enrollees and beneficiaries and defraying reasonable expenses of administering the Program; and
(2) by investing with the care, skill, prudence, and diligence under the prevailing circumstances that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.
SECTION 8. In addition to the other duties and responsibilities stated in this Act, the Board shall:
(a) Cause the Program to be designed, established and operated in a manner that:
(1) accords with best practices for retirement savings vehicles;
(2) maximizes participation, savings, and sound investment practices;
(3) maximizes simplicity, including ease of administration for participating employers and enrollees;
(4) provides an efficient product to enrollees by pooling investment funds; and
(5) ensures the portability of benefits.
(b) Appoint a trustee to the Program Fund in compliance with Section 408 of the Internal Revenue Code.
(c) Explore investment options, subject to Section 11 of this Act, that offer enrollees returns on contributions and the conversion of individual retirement savings account balances to secure retirement income without incurring debt or liabilities to the State.
(d) Make and enter into contracts necessary for the administration of the Program and Fund, including, but not limited to, retaining and contracting with investment managers, private financial institutions, other financial and service providers, consultants, actuaries, counsel, auditors, third-party administrators, and other professionals as necessary.
(e) Conduct a review of the performance of any investment vendors no less frequently than every 4 years, including, but not limited to, a review of returns, fees, and customer service. A copy of reviews conducted under this subsection shall be posted to the Board's Internet website.
(f) Determine the number and duties of staff members needed to administer the Program and assemble such a staff, including, as needed, employing staff, appointing a Program administrator, and entering into contracts with the State Treasurer to make employees of the State Treasurer's Office available to administer the Program.
(g) Cause moneys in the Fund to be held and invested as pooled investments with a view to achieving cost savings through efficiencies and economies of scale.
(h) Evaluate and establish the process by which an enrollee is able to contribute a portion of his or her wages to the Program for automatic deposit of those contributions and the process by which the participating employer provides a payroll deposit retirement savings arrangement to forward those contributions and related information to the Program, including, but not limited to, contracting with financial service companies and third-party administrators with the capability to receive and process employee information and contributions for payroll deposit retirement savings arrangements or similar arrangements.
(i) Design and establish the process for enrollment under Section 14 of this Act, including the default contribution rate, account type, investment option, and automatic escalation rate. The Board shall also design and establish the process by which an employee can:
(1) opt not to participate in the Program; (2) select a contribution rate, account type, investment option, or escalation rate different than the default options set by the Board; or (3) terminate participation in the Program.
(j) Evaluate and establish the process by which an individual may voluntarily enroll in and make contributions to the Program.
(k) Accept any grants, appropriations, or other moneys from the Commonwealth, any unit of federal, State, or local government, or any other person, firm, partnership, or corporation solely for deposit into the Fund, whether for investment or administrative purposes.
(l) Evaluate the need for, and procure as needed, insurance against any and all loss in connection with the property, assets, or activities of the Program, and indemnify as needed each member of the Board from personal loss or liability resulting from a member's action or inaction as a member of the Board.
(m) Make provisions for the payment of administrative costs and expenses for the creation, management, and operation of the Program. Subject to appropriation, the Commonwealth may pay administrative costs associated with the creation and management of the Program until sufficient assets are available in the Fund for that purpose. Thereafter, all administrative costs of the Fund, including repayment of any start-up funds provided by the State, shall be paid only out of moneys on deposit therein. However, private funds or federal funding received in order to implement the Program until the Fund is self-sustaining shall not be repaid unless those funds were offered contingent upon the promise of such repayment. The Board shall keep annual administrative expenses as low as possible and is authorized to charge and collect reasonable administrative fees from enrollees. (n) Allocate administrative fees to individual retirement accounts in the Program on a pro rata basis.
(o) Set minimum and maximum contribution levels in accordance with limits established for IRAs by the Internal Revenue Code.
(p) Facilitate education and outreach to employers and employees. Design and establish an internet website for the Program with details for employers, employees, and enrollees.
(q) Facilitate compliance by the Program with all applicable requirements for the Program under the Internal Revenue Code, including tax qualification requirements or any other applicable law and accounting requirements.
(r) Carry out the duties and obligations of the Program in an effective, efficient, and low-cost manner.
(s) Exercise any and all other powers reasonably necessary for the effectuation of the purposes, objectives, and provisions of this Act pertaining to the Program.
(t) Deposit into the Massachusetts Secure Choice Administrative Fund all grants, gifts, donations, fees, and earnings from investments from the Massachusetts Secure Choice Savings Program Fund that are used to recover administrative costs. All expenses of the Board shall be paid from the Massachusetts Secure Choice Administrative Fund.
SECTION 9. The Board shall prepare and adopt a written statement of investment policy that includes a risk management and oversight program. This investment policy shall prohibit the Board, Program, and Fund from borrowing for investment purposes. The risk management and oversight program shall be designed to ensure that an effective risk management system is in place to monitor the risk levels of the Program and Fund portfolio, to ensure that the risks taken are prudent and properly managed, to provide an integrated process for overall risk management, and to assess investment returns as well as risk to determine if the risks taken are adequately compensated compared to applicable performance benchmarks and standards. The Board shall consider the statement of investment policy and any changes in the investment policy at a public hearing.
SECTION 10. (a) The Board shall engage, after an open bid process, an investment manager or managers to invest the Fund and any other assets of the Program. Moneys in the Fund may be invested or reinvested by the State Treasurer's Office or may be invested in whole or in part under contract with the State Board of Investment, private investment managers, or both, as selected by the Board. In selecting the investment manager or managers, the Board shall take into consideration and give weight to the investment manager's fees and charges in order to reduce the Program's administrative expenses.
(b) The investment manager or managers shall comply with any and all applicable federal and state laws, rules, and regulations, as well as any and all rules, policies, and guidelines promulgated by the Board with respect to the Program and the investment of the Fund, including, but not limited to, the investment policy.
(c) The investment manager or managers shall provide such reports as the Board deems necessary for the Board to oversee each investment manager's performance and the performance of the Fund.
SECTION 11. (a) The Board shall establish as an investment option a life-cycle fund with a target date based upon the age of the enrollee. This shall be the default investment option for enrollees who fail to elect an investment option unless and until the Board designates by rule a new investment option as the default.
(b) The Board may also establish additional investment options, including, but not limited to, any of the following:
(1) a conservative principal protection fund;
(2) a growth fund;
(3) a secure return fund whose primary objective is the preservation of the safety of principal and the provision of a stable and low-risk rate of return; if the Board elects to establish a secure return fund, the Board may procure any insurance, annuity, or other product to insure the value of individuals' accounts and guarantee a rate of return; the cost of such funding mechanism shall be paid out of the Fund; under no circumstances shall the Board, Program, Fund, the State, or any participating employer assume any liability for investment or actuarial risk; the Board shall determine whether to establish such investment options based upon an analysis of their cost, risk profile, benefit level, feasibility, and ease of implementation;
(4) an annuity fund.
SECTION 12. (a) The Board may enter into an intergovernmental agreement or memorandum of understanding with the State and any agency of the State to receive outreach, technical assistance, enforcement and compliance services, collection or dissemination of information pertinent to the Program (subject to such obligations of confidentiality as may be agreed or required by law), or other services or assistance. The State and any agencies of the State that enter into such agreements or memoranda of understanding shall collaborate to provide the outreach, assistance, information, and compliance or other services or assistance to the Board. The memoranda of understanding may cover the sharing of costs incurred in gathering and disseminating information and the reimbursement of costs for any enforcement activities or assistance.
(b) All agencies of the Commonwealth shall cooperate as requested by the Program in the performance of its duties under this Act, including, unless otherwise prohibited, the sharing of relevant data as the parties shall mutually agree.
(c) The Board shall assess the feasibility of multistate or regional agreements to administer the Program through shared administrative and operational resources and may enter into those agreements if deemed beneficial to the Program.
Section 13. (a) The Board shall design and disseminate an employer information packet and an employee information packet, which shall include background information on the Program, appropriate disclosures for employees, and information regarding the Internet website described in Section 8 of this Act.
(b) The employee information packet shall include a disclosure form. The disclosure form shall explain, but not be limited to, all of the following:
(1) the benefits and risks associated with making contributions to the Program;
(2) the mechanics of how to make contributions to the Program;
(3) how to opt out of the Program;
(4) how to participate in the Program with a level of employee contributions other than the default contribution rate.
(5) the process for withdrawal of retirement savings;
(6) how to obtain additional information about the Program;
(7) that employees seeking financial advice should contact financial advisors, that participating employers are not in a position to provide financial advice, and that participating employers are not liable for decisions employees make pursuant to this Act;
(8) that the Program is not an employer-sponsored retirement plan; and
(9) that the Program Fund is not guaranteed by the Commonwealth.
(c) The employee information packet shall also include a form for an employee to note his or her decision to opt out of participation in the Program or elect to participate with a level of employee contributions other than the default rate set by the Board.
(d) Participating employers shall supply the employee information packet to employees after the employer has registered for the Program. Participating employers shall supply the employee information packet to new employees at the time of hiring, and new employees may opt out of participation in the Program or elect to participate with a level of employee contributions other than the default contribution rate at that time.
SECTION 14. The Program shall be implemented, and enrollment of employees shall begin, within 24 months after the effective date of this Act. The provisions of this Section shall be in force after the Board opens the Program for enrollment.
(a) Each employer shall establish a payroll deposit retirement savings arrangement to allow each employee to participate in the Program on a timeline set by the Board.
(b) Employers shall automatically enroll in the Program each of their employees who has not opted out of participation in the Program and shall provide payroll deduction retirement savings arrangements and deposit, on behalf of such employees, these funds into the Program.
(c) Enrollees shall have the ability to select a contribution level into the Fund. This level may be expressed as a percentage of wages or as a dollar amount up to the deductible amount for the enrollee's taxable year under Section 219(b)(1)(A) of the Internal Revenue Code. Enrollees may change their contribution level at any time, subject to rules promulgated by the Board. If an enrollee fails to select a contribution level using the form prescribed by the Board, then he or she shall contribute the default contribution rate of his or her wages to the Program.
(d) Enrollees may select an investment option from the permitted investment options listed in Section 11 of this Act. Enrollees may change their investment option at any time, subject to rules promulgated by the Board. In the event that an enrollee fails to select an investment option, that enrollee shall be placed in the investment option selected by the Board as the default.
(e) Employers shall retain the option at all times to set up any type of employer-sponsored retirement plan, such as a defined benefit plan or a 401(k), Simplified Employee Pension (SEP) plan, or Savings Incentive Match Plan for Employees (SIMPLE) plan, instead of having a payroll deposit retirement savings arrangement to allow employee participation in the Program.
(f) An enrollee may terminate his or her participation in the Program at any time in a manner prescribed by the Board.
SECTION 15. Employee contributions deducted by the participating employer through payroll deduction shall be paid by the participating employer to the Fund using one or more payroll deposit retirement savings arrangements established by the Board, either:
(1) on or before the last day of the month following the month in which the compensation otherwise would have been payable to the employee in cash; or
(2) before such later deadline prescribed by the Board for making such payments, but not later than the due date for the deposit of tax required to be deducted and withheld relating to collection of income tax at source on wages or for the deposit of tax required to be paid under the unemployment insurance system for the payroll period to which such payments relate.
SECTION 16. (1) The State, the Board, each member of the Board or other State official, other State boards, commissions, or agencies, any member, officer, or employee thereof, and the Program --
(a) have no responsibility for compliance by individuals with the conditions and other provisions of the Internal Revenue Code that determine which individuals are eligible to make tax-favored contributions to IRAs, in what amount, and in what time frame and manner,
(b) have no duty, responsibility, or liability to any party for the payment of any benefits under the Program, regardless of whether sufficient funds are available under the Program to pay such benefits,
(c) do not and shall not guarantee any interest rate or other rate of return on or investment performance of any contribution or account balance, and
(d) are not and shall not be liable or responsible for any loss, deficiency, failure to realize any gain, or any other adverse consequences, including without limitation any adverse tax consequences or loss of favorable tax treatment, public assistance or other benefits, incurred by any person as a result of participating in the Program.
(2) The debts, contracts, and obligations of the Program or the Board are not the debts, contracts, and obligations of the State, and neither the faith and credit nor the taxing power of the State is pledged directly or indirectly to the payment of the debts, contracts, and obligations of the Program or the Board.
SECTION 17. (a) Participating employers shall not have any liability for an employee's decision to participate in, or opt out of, the Program or for the investment decisions of the Board or of any enrollee.
(b) A participating employer shall not be a fiduciary, or considered to be a fiduciary, over the Program. A participating employer shall not bear responsibility for the administration, investment options, or investment performance of the Program. A participating employer shall not be liable with regard to investment returns, Program design, and benefits paid to Program participants.
SECTION 18. (a) The Board shall annually submit:
(1) an audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the Program during each calendar year by July 1 of the following year to the Comptroller, Secretary of the Commonwealth, and the State Treasurer.
(2) a report prepared by the Board, which shall include, but is not limited to, a summary of the benefits provided by the Program, including the number of enrollees in the Program, the percentage and amounts of investment options and rates of return, and such other information that is relevant to make a full, fair, and effective disclosure of the operations of the Program and the Fund. The annual audit shall be made by an independent certified public accountant and shall include, but is not limited to, direct and indirect costs attributable to the use of outside consultants, independent contractors, and any other persons who are not State employees for the administration of the Program.
(b) In addition to any other statements or reports required by law, the Board shall provide periodic reports at least annually to enrollees, reporting contributions and investment income allocated to, withdrawals from, and balances in their Program accounts for the reporting period. Such reports may include any other information regarding the Program as the Board may determine.
SECTION 19. Penalties.
(a) An employer who fails without reasonable cause to enroll an employee in the Program within the time prescribed under this Act shall be subject to a penalty equal to:
(1) $250 for each employee for each calendar year or portion of a calendar year during which the employee neither was enrolled in the Program nor had elected out of participation in the Program; and the employee or any appropriate official of the State may bring a civil action to require the employer to enroll the employee and shall recover such costs and reasonable attorney’s fees as may be allowed by the court; and
(2) for each calendar year beginning after the date a penalty has been assessed with respect to an employee, $500 for any portion of that calendar year during which such employee continues to be unenrolled without electing out of participation in the Program.
(3) No penalty shall be imposed under subsection 19(a) on any failure for which it is established that the employer subject to liability for the penalty did not know that the failure existed and exercised reasonable diligence to meet the requirements of this Act.
(4) No penalty shall be imposed under subsection 19(a) on any failure if:
(A) the employer subject to liability for the penalty exercised reasonable diligence to meet those requirements; and
(B) the employer complies with those requirements with respect to each employee by the end of the 90-day period beginning on the first date the employer knew, or exercising reasonable diligence would have known, that the failure existed.
(5) In the case of a failure that is due to reasonable cause and not to willful neglect, all or part of the penalty may be waived to the extent that the payment of the penalty would be excessive or otherwise inequitable relative to the failure involved.
(6) Provide that, if a participating employer fails to transmit a payroll deduction contribution to the Program on the earliest date the amount withheld from the enrollee’s compensation can reasonably be segregated from the participating employer’s assets, but not later than the 15th day of the month following the month in which the enrollee’s contribution amounts are withheld from his or her paycheck, the failure to remit such contributions on a timely basis shall be subject to the same sanctions as employer misappropriation of employee wage withholdings and to the penalties specified in subsection 19(a) above.
(b) Except as provided in this subsection, all information received by the Department from returns filed by an employer or from any investigation conducted under the provisions of this Act shall be confidential, except for official purposes within the Department or pursuant to official procedures for collection of penalties assessed under this Act. Nothing contained in this subsection shall prevent the Commissioner from publishing or making available to the public reasonable statistics concerning the operation of this Act wherein the contents of returns are grouped into aggregates in such a way that the specific information of any employer shall not be disclosed. Nothing contained in this subsection shall prevent the Commissioner from divulging information to an authorized representative of the employer or to any person pursuant to a request or authorization made by the employer or by an authorized representative of the employer.
(c) Civil penalties collected under this Act and fees collected pursuant to subsection (d) of this Section shall be deposited into the Tax Compliance and Administration Fund. The Department may, subject to appropriation, use moneys in the fund to cover expenses it incurs in the performance of its duties under this Act. Interest attributable to moneys in the Tax Compliance and Administration Fund shall be credited to the Tax Compliance and Administration Fund.
(d) The Department may charge the Board a reasonable fee for its costs in performing its duties under this Section to the extent that such costs have not been recovered from penalties imposed under this Section.
(e) This Section shall go into effect 9 months after the Board notifies the Commissioner that the Program has been implemented. Upon receipt of such notification from the Board, the Department shall immediately post on its Internet website a notice stating that this Section is in effect. This notice shall include a statement that rather than enrolling employees in the Program under this Act, employers may sponsor an alternative arrangement, including, but not limited to, a defined benefit plan, 401(k) plan, a Simplified Employee Pension (SEP) plan, or a Savings Incentive Match Plan for Employees (SIMPLE) plan. The Board shall provide a link to the vendor Internet website.
SECTION 20. The Department shall adopt rules and regulations, in accordance with the Massachusetts Administrative Procedure Act (Mass. Gen. Laws Ch. 30A), that may be necessary to implement this Act.
SECTION 21. If the Board does not obtain adequate funds to implement the Program within the time frame set forth under Section 14 of this Act, the Board may delay the implementation of the Program.
SECTION 22. The Board shall request in writing an opinion or ruling from the appropriate entity with jurisdiction over the federal Employee Retirement Income Security Act regarding the applicability of the federal Employee Retirement Income Security Act to the Program. The Board may not implement the Program if the IRA arrangements offered under the Program fail to qualify for the favorable federal income tax treatment ordinarily accorded to IRAs under the Internal Revenue Code or if it is determined that the Program is an employee benefit plan and State or employer liability is established under the federal Employee Retirement Income Security Act.
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An Act relative to out-of-pocket expenses for covid-19 therapeutics
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S625
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SD2180
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T17:26:45.407'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T17:26:45.4066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S625/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 625) of Sal N. DiDomenico for legislation relative to out-of-pocket expenses for covid-19 therapeutics. Financial Services.
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SECTION 1. Notwithstanding any other law, Sections 1-8 shall refer to a health care service plan contract issued, amended, or renewed on or after the operative date of this subdivision that covers medical, surgical, and hospital benefits, excluding a specialized health care service plan contract, with respect to therapeutics for COVID-19 covered under the contract, which shall include therapeutics approved or granted emergency use authorization by the federal Food and Drug Administration for treatment of COVID-19 when prescribed or furnished by a licensed health care provider acting within their scope of practice and the standard of care.
(a) A health care service plan contract that covers medical, surgical, and hospital benefits, excluding a specialized health care service plan contract, shall cover, without cost sharing and without prior authorization or other utilization management, the costs of therapeutics for COVID-19 covered under the contract, which shall include therapeutics approved or granted emergency use authorization by the federal Food and Drug Administration for treatment of COVID-19 when prescribed or furnished by a licensed health care provider acting within their scope of practice and the standard of care.
SECTION 2. A health care service plan shall reimburse a provider for the therapeutics described in paragraph (1) at the specifically negotiated rate for those therapeutics, if the plan and provider have negotiated a rate. If the plan does not have a negotiated rate with a provider, the plan may negotiate a rate with the provider.
SECTION 3. For an out-of-network provider with whom a health care service plan does not have a negotiated rate for the therapeutics described in paragraph (1), a health care service plan shall reimburse the provider for the therapeutics in an amount that is reasonable, as determined in comparison to prevailing market rates for the therapeutics in the geographic region in which the therapeutic was delivered. An out-of-network provider shall accept this payment as payment in full, shall not seek additional remuneration from an enrollee, and shall not report adverse information to a consumer credit reporting agency or commence civil action against the enrollee for therapeutics described in this subdivision.
SECTION 4. A health care service plan shall cover COVID-19 therapeutics without cost sharing, regardless of whether the therapeutics are provided by an in-network or out-of-network provider, and without utilization management. If a provider would have been entitled to receive cost sharing but for this section, the health care service plan shall reimburse the provider for the lost cost sharing. A provider shall accept this payment as payment in full, shall not seek additional remuneration from an enrollee, and shall not report adverse information to a consumer credit reporting agency or commence civil action against the enrollee for therapeutics pursuant to this subdivision.
SECTION 5. Beginning six months after the federal public health emergency expires, a health care service plan shall no longer be required to cover the cost sharing for COVID-19 therapeutics delivered by an out-of-network provider, unless otherwise required by law.
SECTION 6. For purposes of this section, “health care service plan” includes a health plan service plan offered on the Massachusetts Health Connector that provides coverage for hospital, medical, surgical, or prescription drug benefits, excluding a specialized health insurance policy that provides coverage only for dental or vision benefits.
SECTION 7. For purposes of this section, “health care service plan” includes a MassHealth managed care plan that contracts with Massachusetts Department of Health and Human Services. MassHealth shall seek any federal approvals it deems necessary to implement this section. This section applies to a MassHealth managed care plan contract only to the extent that MassHealth obtains any necessary federal approvals, and federal financial participation under the Medicaid program is available and not otherwise jeopardized.
SECTION 8. This section applies to a disability insurance policy that provides coverage for hospital, medical, surgical, or prescription drug benefits, excluding a specialized health insurance policy that provides coverage only for dental or vision benefits.
(a) A disability insurance policy shall cover, without cost sharing and without prior authorization or other utilization management requirements, the costs of COVID-19 therapeutics approved or granted emergency use authorization by the federal Food and Drug Administration.
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An Act for a right of first refusal for foreclosed property (Foreclosure TOPA)
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S626
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SD1720
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T13:47:25.287'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T13:47:25.2866667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-05T08:48:15.0833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:47:18.37'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-11T11:15:47.7633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:15:47.7633333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T19:08:33.29'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T16:49:44.6533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S626/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 626) of Lydia Edwards, Steven Owens, Joanne M. Comerford, Sal N. DiDomenico and other members of the General Court for legislation for a right of first refusal for foreclosed property (Foreclosure TOPA). Financial Services.
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SECTION 1. Chapter 184 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 21 the following section:-
Section 21A.community development corporation(a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise,:
''Affiliate'', an entity owned or controlled by an owner or under common control with the owner.
“Auction” or "public auction", the sale of a housing accommodation, under power of sale in a mortgage loan, by public bidding.
“Borrower", a mortgagor of a mortgage loan.
''Community development corporation'', a nonprofit corporation, as defined in section 2 of chapter 40H.
"Deed in lieu", a deed for the collateral property that the mortgagee accepts from the borrower in exchange for the release of the borrower’s obligation under the mortgage loan.
“Department”, the department of housing and community development, or its successor agency.
''Eligible organization'', a nonprofit corporation established pursuant to section 3 of chapter 180, a controlled nonprofit or for-profit affiliate of a community development corporation or housing authority, or such other entity or organization, including a tenant association, public agency, mixed-income neighborhood trust, and a limited equity cooperative housing corporation organized under or subject to chapter 157B, which the community development corporation serving the neighborhood, municipality, or region of the commonwealth where the housing accommodation is located determines to be engaged primarily in activities intended to contribute to the preservation of existing or the creation of affordable housing and has the requisite experience in developing, owning, and operating residential real estate and with the capacity to secure financing of the purchase transaction; provided, however, that any purchase by an eligible organization under this section shall be for the use of a housing accommodation as long-term affordable housing set out in a recorded restriction.
“Eligible organization list”, a list maintained by a community development corporation of all of eligible organizations within the neighborhoods or municipalities, a region of the commonwealth or a constituency that is economically disadvantaged served by a community development corporation.
"Foreclosure", a proceeding to terminate a borrower’s interest in property instituted by the mortgagee.
"Housing accommodation", a building or buildings, structure or structures, or part thereof, containing not less than 6 units rented or offered for rent for living or dwelling purposes, including, without limitation, houses, apartments, condominium units, cooperative units and other multi-family residential dwellings; provided, however, that a housing accommodation shall not include a group residence, homeless shelter, lodging house, orphanage, temporary dwelling structure or transitional housing, hospital, convent, monastery, skilled nursing facility, health facility, extended care facility, convalescent home, dormitories owned by educational institutions, properties licensed as hotels and motels, residential properties that an owner is refinancing in order to maintain ownership of such properties.
“Housing Authority”, a housing authority created under sections 3 and 3A of chapter 121B.
“Immediate Family Member”, the parent, offspring, sibling, or spouse of the owner, or a trust in which the beneficiaries immediately after the creation are the owner and the parent, child, sibling or spouse of the owner.
“Long-term affordable housing”, (i) for rental housing: housing where forty percent of the housing units are affordable to households with incomes at or below 60 per cent of the Area Median Income (AMI) as established by the United States Department of Housing and Urban Development, and where these restrictions shall be in effect for at not less than 30 years and recorded in a deed restriction; (ii) for homeownership housing: housing where all units are both (A) set at prices affordable to, and (B) limited to purchase by, buyers whose incomes are at or below 100 per cent of the AMI, and at not less than 50 per cent of the units are both (1) set at prices affordable to, and (2) limited to purchase by, buyers with incomes at or below 80 per cent of the AMI, and where these restrictions shall be in effect for at least thirty years and recorded in a deed restriction.
"Member", a natural person who is a member of a tenant association.
"Mortgage loan", a loan secured wholly or partially by a mortgage on a housing accommodation.
"Mortgagee", an entity to whom a housing accommodation is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee or any successor in interest or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.
"Owner", a person, firm, partnership, corporation, trust, organization, limited liability company or other entity, or its successors or assigns, that holds title to a housing accommodation.
"Purchaser", a party who has entered into a purchase contract with an owner and who will, upon performance of the purchase contract, become the new owner of a housing accommodation.
"Purchase contract", a binding written agreement whereby an owner agrees to sell a housing accommodation including, without limitation, a purchase and sale agreement, contract of sale, purchase option or other similar instrument.
"Sale", an act by which an owner conveys, transfers or disposes of a housing accommodation by deed or otherwise, whether through a single transaction or a series of transactions, within 3 years; provided, however, that a disposition of housing by an owner to an affiliate of such owner shall not constitute a sale.
"Short-sale", a sale approved by the mortgagee to a bona fide purchaser at a price that is less than the borrower's existing debt on the housing accommodation.
"Tenant", a person entitled to possession or occupancy of a rental unit within residential housing, including a subtenant, lessee and sublessee.
"Tenant Association", an organization with a membership limited to present tenants of a housing accommodation that: (i) is registered with, or if no registry exists, has provided a letter stating its formation to the municipality that has adopted an ordinance consistent with this section; or (ii) is a non-profit organization incorporated under section 3 of chapter 180.
"Third-party offer", a bona fide offer to purchase the mortgaged housing accommodation for valuable consideration by a purchaser; provided, however, that a third-party offer shall not include an offer by the borrower or the tenants.
"Third-party purchaser", a purchaser that is not a municipality, housing authority, community development corporation, and eligible organization or their designees, successors, or an affiliate.
(b) A municipality may adopt this section in a city having a Plan D or a Plan E charter by majority vote of its city council and approved by the manager; in any other city by majority vote of the city council and approved by the mayor; or in a town by vote of the board of selectmen. The acceptance of this local option by a municipality shall take effect no later than 180 days after such adoption. A municipality may at any time revoke the acceptance of this section in the manner provided in section 4 of chapter 4. The revocation shall not affect agreements relative to the right to purchase of a municipality, housing authority, community development corporation and eligible organization evidenced by the submission of an offer to the owner, an executed purchase contract or other agreement acceptable to both parties, prior to the revocation. A municipality that adopts this section shall establish an ordinance or by-law to enforce this section.
(c) An ordinance or by-law of a municipality accepting this section may contain provisions that establish:
(i) additional penalties, municipal enforcement authority and enforcement mechanisms, in addition to recorded restrictions, for enforcing the ordinance and provisions of this section, and rules and regulations implementing this section; and
(ii) mandated use of a standard purchase contract, prepared or approved by the municipality and consistent with this section, for owners to provide to the municipality, housing authority, community development corporation and an eligible organization under clause (iv) of subsection (e); and
(iii) additional affordability restrictions on the total percentage of affordable units, the level of affordability, and the length of time such restrictions shall be in place; provided, however, that affordability restrictions do not result in the displacement of current tenants.
(d) An ordinance or by-law of a municipality accepting this section shall:
(i) require an owner of a housing accommodation to file annually a written return requested by a board of the assessor under section 38D of chapter 59 to include a current rent roll with names of all tenants; a statement under oath attesting to all operating expenses for the prior 2 years, including utilities, insurance premiums and repairs, and to capital improvements; provided, however, that the written return shall be attached to the notice submitted by an owner in clauses (i) through (iii), inclusive, of paragraph (1) of subsection (e); and
(ii) develop and post on the public website of the municipality a document that includes: (A) a summary of the ordinance adopted hereunder by the municipality; (B) a summary of the potential impact on tenants; and (C) resources for tenants who have questions.
(e) (1) In any municipality that adopts this section where an owner intends to offer for sale a housing accommodation, solicits any offer to purchase from or accepts an unsolicited offer to purchase from, any third-party purchaser an owner of a housing accommodation shall: (i) notify the municipality and the housing authority for the municipality within 14 days, by electronic and United States mail, of receiving of an offer for sale of a housing accommodation that an owner intends to consider, of soliciting an offer to purchase from, or of accepting an unsolicited offer from a third-party purchaser to purchase the housing accommodation of the owner; (ii) notify each tenant within 14 days in writing by hand delivery and United States mail, of the intention of the owner to offer for sale a housing accommodation, to solicit an offer to purchase from, or to accept an unsolicited offer from a third-party purchaser to purchase the housing accommodation of the owner, with copy of the document developed by the municipality under clause (ii) of subsection (d); (iii) notify the community development corporation for the region in which a housing accommodation is located within 14 days, in writing by electronic delivery and United States mail, of receiving of an offer for sale of a housing accommodation that an owner intends to consider, of soliciting an offer to purchase from, or of accepting an unsolicited offer from a third-party purchaser to purchase the housing accommodation of the owner; (iv) provide with the notices required in clauses (i) and (iii) the address of the housing accommodation and contact information for the owner of a housing accommodation; and, notwithstanding section 52B of chapter 59, permission for the municipality, housing authority for the municipality, and the community development corporation for the region to receive from the municipality the information filed in accordance with section 38D of chapter 59, and permission to inspect, conduct inspections and tests as provided under subsection (v); (v) allow the municipality, housing authority, community development corporation and eligible organizations to: (A) inspect all common and maintenance service areas of the housing accommodation, including roof, boiler room, electrical and telecommunications rooms, (B) conduct inspections and tests for the presence of lead paint and asbestos (C) conduct small amounts of demolition that will be restored after said inspections and tests are completed; and (d) run tests for regulated environmental toxins on unbuilt areas of a housing accommodation, if required by the municipality, housing authority, the community development corporation, and an eligible organization or their designees or successors; and (vi) provide the municipality, housing authority, community development corporation and eligible organizations an opportunity to purchase the property pursuant to the time periods contained in this section, prior to the owner entering into an agreement with a third-party purchaser; provided, however, that no owner shall be under any obligation to enter into an agreement to sell such property to the municipality, housing authority, community development corporation or eligible organization.
(2) A community development corporation, upon receiving notice under clause (iii) of paragraph (1), shall within 10 days notify the entities on the eligible organization list of receiving a notice and the information in clauses (iii) and (iv) of paragraph (1)
(3) A municipality, housing authority, community development corporation or eligible organization may, within 40 days of receipt of the notices required in clauses (i) and (iii) of paragraph (1) submit an offer to the owner to purchase a housing accommodation. Failure to submit a timely offer shall constitute an irrevocable waiver of the rights of the municipality, housing authority, community development corporation and eligible organization under this paragraph and the owner may enter into a contract to sell a housing accommodation to a third-party, subject to paragraph (4). If the owner and a municipality, housing authority, community development corporation or eligible organization have not entered into an agreement within 40 days of receipt of the hand-delivered notices required in clauses(i) and (iii), the owner may enter into an agreement to sell a housing accommodation to a third-party, subject to subsection (4).
(4) Any purchase contract offered to, or proposed by, a municipality, housing authority, community development corporation or eligible organization shall include at least the following terms: (i) the earnest money deposit shall not exceed the lesser of: (A) 5 per cent of the sale price; or (B) $250,000; provided, however, that the owner and the municipality, housing authority, community development corporation and eligible organization, their successors or designee, may agree to modify the terms of the earnest money deposit; provided, further, that the earnest money deposit shall be held under commercially-reasonable terms by an escrow agent selected jointly by the owner and the municipality, housing authority, community development corporation or eligible organization, their successors or designees; (ii) all reasonable contingencies, including financing, marketability of title and appraisal contingencies; (iii) the earnest money deposit shall be refundable for not less than 90 days from the date of execution of the purchase contract or such greater period as agreed upon by the owner and purchaser; provided, however, that if the owner unreasonably delays the ability of the purchaser to conduct due diligence during the 90 day period, the earnest money deposit shall continue to be refundable for an additional period of one day for every day beyond 30 days that the owner has not complied with the subsection (5) (ii) above . After the expiration of the specified time period, the earnest money deposit shall become non-refundable but shall continue to be a deposit toward the full purchase price; and (iv) real estate broker commissions or fees associated with the third-party purchase transaction shall be payable upon the closing of the purchase.
(5) If an offer from a municipality, housing authority, community development corporation and eligible organization is accepted, a purchaser shall have 90 days from the execution of the purchase contract to perform all due diligence, secure financing for and close on the purchase of the housing accommodation. Failure to close on the purchase of a housing accommodation within 90 days shall constitute a default on the right to purchase by the purchaser; provided, however, if, within 30 days after the date of contracting, the purchaser presents the owner with the written decision of a lending institution or agency that states that the institution or agency estimates that a decision with respect to financing or financial assistance will be made within 120 days after the date of the purchase contract, the owner shall afford the tenant or qualified purchaser an extension of time consistent with the written estimate. The period by which the purchase of the housing accommodation shall close may be extended by agreement of owner and purchaser.
(6) If a purchaser does not close on the purchase of a housing accommodation the owner may proceed with a sale to the third party. If the owner and third party fail to close on the purchase of a housing accommodation, the owner shall provide notice to the municipality, housing authority, community development corporation, tenants and eligible organizations that the purchase of a housing accommodation did not close.
(7) Any property acquired under this subsection, that is not subject to a long-term affordable housing requirement under this subsection, shall be used as: (i) long-term affordable housing set out in a recorded restriction; (ii) cooperative housing subject to a covenant, satisfactory to the municipality in form and substance and having a term of not less than twenty years, that a majority of residential units be occupied by tenant-stockholders as their primary residence; or (iii) condominium units subject to a covenant, satisfactory to the municipality in form and substance and having a term of not less than twenty years, that a majority of units be occupied by unit owners as their primary residence. For purposes of this paragraph, an owner of a condominium unit or a tenant-stockholder of a cooperative housing unit shall include: (1) a person in military service on active duty who intends to occupy the residential unit when not on active duty; and (2) a parent or child of an occupant who is a disabled Immediate Family Member.
(8) The department shall enforce this subsection and shall promulgate rules and regulations necessary for enforcement. Upon request, the department shall provide municipalities with sample purchase contracts incorporating the requirements of this section that an owner can provide to a municipality, housing authority, community development corporation or eligible organization, their designees or successors.
(f) (1) In any municipality that adopts this section where an owner intends to offer for sale a housing accommodation by short-sale or to accept a deed in lieu an owner of a housing accommodation shall: (i) notify the municipality and the housing authority for the municipality, by electronic and United States mail, with a copy to the attorney general, of the intention of the owner to offer for sale a housing accommodation by short-sale or to accept a deed in lieu; (ii) notify each tenant, in writing by hand delivery and United States mail, of the intention of the owner to offer for sale a housing accommodation by short-sale or to accept a deed in lieu, with copy of the prepared summary of the ordinance adopted hereunder by the municipality; (iii) notify the community development corporation for the region in which a housing accommodation is located, in writing by electronic and United States mail, of the intention of the owner to offer for sale a housing accommodation by short-sale or to accept a deed in lieu; (iv) provide the notices under (i), (ii), and (iii) within 2 business days of the owner's submission of a request or application to the mortgagee for permission to sell the housing accommodation by way of short-sale or to accept a deed in lieu; (v) provide with the notices required in (i) and (iii), the address of the housing accommodation and contact information for the owner of a housing accommodation; and, notwithstanding section 52B of chapter 59, permission for the municipality, housing authority for the municipality, and the community development corporation for the region to receive from the municipality the information filed in accordance with Section 38D of Chapter 59, and permission to inspect, conduct inspections and tests as provided under subsection (v); and (vi) allow the municipality, housing authority, community development corporation and eligible organizations to inspect all common and maintenance service areas of the a housing accommodation, including roof, boiler room, electrical and telecommunications rooms; conduct inspections and tests for the presence of lead paint and asbestos, and to do small amounts of demolition that will be restored after said inspections and tests are completed; and do tests for regulated environmental toxins on unbuilt areas of a housing accommodation, if required by the municipality, housing authority, the community development corporation and an eligible organization, or their designees or successors.
(2) A mortgagee may not accept any third-party offers or deem an owner's application for short-sale submitted for review unless and until the mortgagee receives documentation in a form approved by the attorney general demonstrating that the tenants of the housing accommodation have been informed of the intent of the owner to seek a short-sale or deed in lieu and that the municipality, housing authority, community development corporation and eligible organization have had the opportunity to express their interest in exercising a right of first refusal within 60 days of the owner providing them notice. If a municipality, housing authority, community development corporation or eligible organization has not affirmatively expressed their interest in exercising a right of first refusal or in assigning that right within 60 days or have not affirmatively waived that right within 60 days, the rights of the municipality, housing authority, community development corporation and eligible organization are deemed waived.
(3) Before a housing accommodation may be transferred by short-sale or deed-in-lieu, the owner shall notify the municipality, housing authority, community development corporation and eligible organization with a simultaneous copy to the attorney, by regular and certified mail, of any bona fide offer that the mortgagee intends to accept. Any notice of the offer required to be given under this subsection shall include the price, calculated as a single lump sum amount and of any promissory notes offered in lieu of cash payment.
(4) If a mortgagee has received an offer to purchase the housing accommodation that it indents to accept, a municipality, housing authority, community development corporation and eligible organization entitled to notice under paragraph (3) shall have the right to purchase the housing accommodation and have priority over the third party; provided, however, that it: (i) submits to the owner a proposed purchase contract on substantially equivalent terms and conditions within 60 days of receipt of notice of the offer made under paragraph (3); (ii) obtains a binding commitment for any necessary financing or guarantees within an additional 90 days after execution of the purchase and sale agreement; and (iii) closes on such purchase within an additional 90 days after the end of the 90-day period described in clause (ii).
(5) No owner shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase contract with a municipality, housing authority, community development corporation or eligible organization that has made a bona fide offer to meet the price and substantially equivalent terms and conditions of an offer for which notice is required to be given pursuant to paragraph (3) of subsection (e). Failure of the municipality, housing authority, community development corporation and eligible organization to submit such a purchase contract within the first 60 days, to obtain a binding commitment for financing within the additional 90 days or to close on the purchase within the second 90 days, shall serve to terminate the rights of the municipality, housing authority, community development corporation and eligible organization to purchase. The time periods herein provided may be extended by agreement. A right to purchase hereunder shall be for the purpose of maintaining the use of the housing accommodation as permanently affordable rental housing.
(6) The right of first refusal under this section shall inure to the municipality, housing authority, community development corporation and eligible organization for the time periods provided in this act, beginning on the date of notice under paragraph(1) of subsection (e). The effective period for such right of first refusal shall begin anew for each different offer to purchase that the mortgagee intends to accept.
(7) In any instance where the municipality, housing authority, community development corporation and eligible organization is not the successful purchaser of the housing accommodation, the mortgagee shall provide evidence of compliance with this section by filing an affidavit of compliance with the attorney general and the registry of deeds for the county and district where a housing accommodation is located within 7 days of the sale.
(8) The attorney general shall enforce this subsection (e) and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of tenants and the commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to tenants, sample notice of offer, and other necessary documents.
(g)(1) In any municipality that adopts this section where a mortgagee seeks to foreclose on a housing accommodation a mortgagee shall: (i) provide copies of all foreclosure notices required by sections 14 and 35A of chapter 244 or any other applicable foreclosure law by regular and certified mail to the tenants of the housing accommodation, the municipality, housing authority and community development corporation; provided, however, that the mortgagee shall also provide tenants of the housing accommodation, the municipality, housing authority and community development corporation by regular and certified mail, with a copy of any complaint filed in land court and any order of notice issued by the land court, pursuant to the Servicemembers Civil Relief Act if applicable, within 5 days of issuance; and (ii) provide the tenants of the housing accommodation, the municipality, housing authority and community development corporation by regular and certified mail, a copy of any and all notices of sale published pursuant to section 14 of chapter 244.
(2) Not later than 5 business days before the foreclosure auction of a housing accommodation, the municipality, housing authority, community development corporation and eligible organization shall inform the mortgagee, in writing, by electronic and United States mail, if they intend to exercise their right of first refusal at auction and desire to receive information relating to the proposed auction.
(3) A municipality, housing authority, community development corporation and eligible organization may exercise their right to purchase the housing accommodation, if the mortgagee receives an offer from a third party at the auction; provided, however, that the municipality, housing authority, community development corporation or eligible organization: (i) submits to the mortgagee a proposed purchase contract on substantially equivalent terms and conditions to that received by the mortgagee in the third-party offer within 60 days of receipt of notice of the bid made under (f)(3) of this section; (ii) obtains a binding commitment for any necessary financing or guarantees within an additional 90 days after execution of the purchase and sale agreement; and (iii) closes on such purchase within an additional 90 days after the end of the 90 days under clause (ii).
(4) No mortgagee shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase contract with a municipality, housing authority, community development corporation and eligible organization who have made a bona fide offer to meet the price and substantially equivalent terms and conditions of a bid received at auction. Failure of the municipality, housing authority, community development corporation and eligible organization to submit a purchase contract within the first 60 days, to obtain a binding commitment for financing within the additional 90 days or to close on the purchase within the second 90 days, shall serve to terminate the rights of the municipality, housing authority, community development corporation and eligible organization to purchase. The time periods herein provided may be extended by agreement. A right to purchase hereunder shall be for the purpose of maintaining the use of the housing accommodation as permanently affordable rental housing.
If there are no third-party bids at auction for the housing accommodation, the municipality, housing authority, community development corporation and eligible organization shall have a right of first refusal whenever the mortgagee seeks to sell the housing accommodation. The municipality, housing authority, community development corporation and eligible organization shall be notified of any offers the mortgagee intends to accept and shall be given an opportunity to meet the price and substantially equivalent terms of a third-party offer based on the same timeline described in paragraph (4) of subsection (f).
(5) The right of first refusal created herein shall inure to the municipality, housing authority, community development corporation, and eligible organization for the time periods herein before provided, beginning on the date of notice to the tenants under paragraph (1) of subsection (f).
(6) The attorney general shall enforce subsection (f) and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of tenants and the commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to tenants, sample notice of offer, and other necessary documents.
(7) In any instance where the municipality, housing authority, community development corporation and eligible organization is not the successful purchaser, the seller of such housing accommodation shall provide evidence of compliance with this section by filing an affidavit of compliance with the attorney general, the department, and the official records of the county where a housing accommodation is located within 7 days of the sale.
(h) Any notice required by this section shall be deemed to have been provided when delivered in person or mailed by certified or registered mail, return receipt requested, to the party to whom notice is required; except that with respect to providing notice to tenants, notice shall be deemed to have been provided when either: (i) the notice is delivered in hand to the tenant or an adult member of the tenant's household; or (ii) the notice is sent by first class mail and a copy is left in or under the door of the tenant's dwelling unit. A notice to the affected municipality shall be sent to the chief executive officer.
(i) No tenant in a housing accommodation purchased by a municipality, housing authority, community development corporation and eligible organization shall be evicted, except for good cause .
(j) This section shall not apply to the following:
(1) property that is the subject of a government taking by eminent domain or a negotiated purchase in lieu of eminent domain;
(2) a proposed below-market sale to an organization organized under section 501(c)(3) of the Internal Revenue Code where a housing accommodation shall be used or developed as long-term affordable housing; sale to a purchaser pursuant to terms and conditions that preserve affordability;
(3) any sale of publicly-assisted housing, as defined in section 1 of chapter 40T;
(4) rental units in a nonprofit facility that has the primary purpose of providing short term treatment, assistance or therapy for alcohol, drug, or other substance use; provided, however, that such housing is incidental to the recovery program, and where the resident has been informed in writing of the temporary or transitional nature of the housing;
(5) rental units in a nonprofit facility that provides a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in a permanent housing and where occupancy is restricted to a limited and specific period of time of not more than 24 months and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception;
(6) public housing units owned or managed by or with a ground lease from the local housing authority;
(7) any unit that is held in trust on behalf of a disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a disabled parent, sibling, child, or grandparent of the owner of that unit;
(8) any unit that is transferred to any beneficiary in a trust in which beneficial interests are retained by the owner of the housing accommodation or an immediate family member;
(9) any sale to an immediate family member of the owner for a total purchase price below the current assessed value of a housing accommodation;
(10) a transfer by devise, descent or operation of law upon the death of a natural person; and
(11) a sale of a newly constructed property for which the initial certificate of occupancy was issued no earlier than three years prior to the date of the purchase contract between a buyer and the party to which the certificate of occupancy was issued.
(k) A municipality, housing authority, community development corporation and eligible organization shall not solicit or accept payment or any other consideration for assigning or waiving any rights under this section.
(l) An aggrieved municipality, housing authority, community development corporation and eligible organization may seek damages under chapter 93A, may file a complaint with the attorney general and may file a court complaint for equitable or monetary relief, including, but not limited to, damages of a percentage of the sales price or injunctive relief in the form of specific performance. Nothing in this section shall be construed to limit or constrain in any way the rights tenants currently have under applicable laws, including, but not limited to, chapters 186 and 186A.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J11', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J11'}, 'Votes': []}]
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An Act establishing protections and accountability for TNC and DNC workers consumers and communities (EPA)
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S627
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SD2186
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T17:17:20.053'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T17:17:20.0533333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-09T11:52:37.1066667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-09T11:52:37.1066667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-09T16:47:22.7333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:15:09.12'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-16T12:58:43.8633333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-03-07T12:07:56.0533333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-04-10T13:01:45.22'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-04-10T13:01:45.22'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-04-10T13:01:45.22'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-10T13:01:45.22'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-04-10T13:01:45.22'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-27T16:59:10.55'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-30T09:40:14.63'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S627/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 627) of Lydia Edwards, Paul W. Mark, Michael D. Brady, Marc R. Pacheco and other members of the General Court for legislation to establish protections and accountability for TNC and DNC workers consumers and communities (EPA). Financial Services.
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And Whereas TNC and DNC drivers and delivery workers are already entitled to the same presumptions of employment as well as wage and hour and anti-discrimination protections, unemployment, workers compensation, sick, family and medical leave benefits, under Massachusetts law that all other workers within the Commonwealth enjoy, the legislature enacts the following amendments to Chapter 149 addressing the means for calculating TNC and DNCs workers’ minimum compensation;
And Whereas modifications to the Commonwealth’s existing law regulating TNCs and DNCs, Chapter 159A1/2, are needed to ensure that TNCs and DNCs provide safe, reliable, accessible, and affordable service and are accountable to the Commonwealth, consumers, and their workers in the same manner that other transportation services are regulated, the legislature enacts the following amendments to Chapter 159A1/2;
The legislature hereby enacts the following legislation.
SECTION 1. The General Laws are hereby further amended by inserting after section 148D of chapter 149 the following section:-
Section 148E. Application-based transportation workers.
(a) Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Application-based transportation worker”, a person who works as a delivery network company courier or transportation network company driver by logging onto a digital network through an on-line enabled application or platform of a delivery network company or transportation network company; provided, however, that an “application-based transportation worker” shall be presumed an employee of the network company, consistent with M.G.L. c. 149 § 148B, for all intents and purposes.
“Assigned time rate”, the minimum hourly wage rate owed to an application-based transportation worker for all periods in which they are performing duties included in assigned time as defined below.
“Assigned time”, all time between the acceptance of a delivery network company or transportation network company dispatched assignment until that assignment is completed and the application-based transportation worker: (i) has returned to the worker’s base location utilizing the route designated by the delivery network company or transportation network company; (ii) is dispatched to a new call, which shall initiate a new period of productive time; or (iii) turns the platform off, whichever occurs first.
“Base location”, the 1-mile radius of a geographic location set as a reporting hub by each transportation network company or delivery network company; provided, however, that as part of onboarding, each application-based transportation worker shall set the worker’s base location; provided further, that if no base location is selected, the transportation network company or delivery network company will assign a default base location, which may be reset by the driver using the application or platform.
“Basic minimum wage”, the minimum wage established pursuant to section 1 of chapter 151.
“Delivery network company”, a corporation, partnership, sole proprietorship or other entity that utilizes a digital network to assign couriers to provide pre-arranged delivery services within the Commonwealth.
“Standby time”, any time, other than assigned time, in which an application-based transportation worker is on a delivery network company or transportation network company application or platform and is ready, able and willing to accept fares, including operating in a vehicle approved by the delivery network company or transportation network company, to render service and within their designated base location.
“Transportation network company”, shall have the same meaning as in section 1 of chapter 159A1/2 of the General Laws.
“Working time”, the combination of assigned time and standby time.
(b) The minimum applicable hourly wage for application-based transportation workers shall be equal to the basic minimum wage for all working time or, if the application-based transportation worker holds unfettered discretion to log on and off of the delivery network company or transportation network company application or platform at dates, times of day and hours of their choosing, then the minimum applicable hourly wage shall be a minimum hourly wage rate of 150 per cent of the basic minimum wage for all assigned time. The rate established pursuant to this section shall ensure that application-based transportation workers, on average, earn compensation for the first 40 hours of working time in each 7-day week equal to not less than the basic minimum wage, including all standby time.
An application-based transportation worker’s average hourly wage rate within a 7 day workweek at the basic minimum wage or worker’s actual average wage, whichever is greater, shall constitute the worker’s regular rate of pay for the purposes of section 1A of chapter 151.
(c) Each delivery network company and transportation network company operating in commonwealth shall provide contemporaneous payroll data for each application-based transportation worker by base location in an electronic, searchable form and any other materials, requested by department of labor standards or attorney general necessary to demonstrate compliance with this chapter.
Data provided shall include: (i) the number of hours of assigned time within a pay period; (ii) the number of hours of standby time within a pay period; (iii) the number of hours working time within a pay period; (iv) the assigned time rate in effect for the pay period; (iv) any additional incentives or premiums rates paid to the application-based transportation worker for the pay period and the number of hours the incentive was in effect during the pay period; (v) any deductions permissible under chapters 149 and 151 within the pay period; (vi) the average wage rate for all working time within the pay period; and (vii) other such information as directed by the department or attorney general.
Aggregated de-identified information regarding average assigned time compensation, average premium compensation, hours worked, the number of drivers or couriers employed by each transportation network company or delivery network company and regional variations in the quantity and length of assignments shall be published each quarter by the department. This information shall include, but not be limited to, the: (i) average number of hours of working time by base location; (ii) average number of hours of standby time by base location; (iii) average number of hours of assigned time by base location; (iv) average hourly wage rate paid during each weekly pay period for assigned time only per application-based transportation worker within each month; and (v) average hourly wage rate paid to per application-based transportation worker for all working time in each weekly pay period within each month.
(d) Transportation network companies and delivery network companies may elect to pay at least basic minimum wage for all working time or to adopt the premium rate established under subsection (b) for assigned time so long as on average each application-based transportation worker makes at least the basic minimum wage for all working time under 40 hours within a workweek and at least the wage under section 1A of chapter 151 for all hours worked within a workweek in excess of 40 hours.
(e) The mileage reimbursement standard for application-based transportation workers utilizing their own vehicles shall be: (i) the standard mileage rate established by the federal Internal Revenue Service for all miles driven during an application-based transportation worker’s working time; or (ii) 150 per cent of said standard mileage rate for all miles driven during assigned time.
This reimbursement rate for mileage during assigned time shall remain in effect until the department of labor standards issues regulations, in consultation with attorney general, setting a revised reimbursement rate at the premium rate multiplier on said standard mileage rate for all miles driven during assigned time.
Transportation network companies and delivery network companies shall provide all data sought by the department and attorney general, including, but not limited to, application-based transportation mileage data and any preventative maintenance data maintained by companies who lease vehicles to drivers for use. The department and attorney general may also require transportation network companies and delivery network companies to provide data solicited from application-based transportation workers concerning work-related expenses including, but not limited to, preventative maintenance, repairs and gasoline costs. The department and attorney general may rely on this data as well as other relevant sources in promulgating regulations.
(f) A violation of this Section shall be enforceable under section 150 of chapter 149.
(g) Application-based transportation workers shall be presumed to be employees under the General Laws.
(h) Transportation network companies and delivery network companies shall provide accidental liability coverage to each application-based transportation worker during their working time of not less than $1,000,000 per occurrence and $3,000,000 in aggregate consistent with SECTION 5 [c. 159A1/2, Section 5(a)] of this Act.
(i) A transportation network company, delivery network company, or their agent, or any other person shall not penalize or otherwise retaliate against an application-based transportation worker in any way, including, but not limited to, adversely impacting an application-based transportation worker’s terms and condition of employment, as a result of any action on the part of the worker to secure their rights under this Section.
Any transportation network company or delivery network company, or their agent, or any other person who deactivates or in any other way discriminates against an application-based transportation worker because such worker has made a complaint to the attorney general or any other person, or assists the Attorney General or any other agency in an investigation under this chapter, or has instituted, or caused to be instituted, any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings, shall have violated this chapter and shall be subject to a civil penalty or order as provided in section 27C of chapter 149.
Any current or former application-based transportation worker aggrieved of a violation of this section may, within 2 years of such alleged violation, institute a civil action in superior court. The court may: (i) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violation of this section; (ii) reinstate the employee to the same position held before the retaliatory action or to an equivalent position; (iii) compensate the employee for 3 times the lost wages, benefits and other remuneration, and interest thereon; and (iv) order payment by the employer of reasonable costs and attorneys' fees.
SECTION 2. SECTION 1 shall take effect on 01/01/2024.
SECTION 3. Chapter 159A ½ of the General Laws is hereby amended by striking out section 2, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 2. (a) The department shall have jurisdiction over transportation network companies and delivery network companies to ensure the safety, accessibility and convenience of the public, the cost effectiveness and reliability of service and accountability of these companies to the commonwealth and to consumers as expressly set forth in this chapter.
The department shall implement and enforce this section and establish regulations, service quality metrics and guidance necessary for enforcement.
(b) In consultation with the registry of motor vehicles, the division shall provide for the establishment of removable decals to be issued by transportation network companies, in a form and manner prescribed by the division, to transportation network drivers to designate a vehicle as a transportation network vehicle for law enforcement and public safety purposes. The decal shall be applied to both the front and back panels of a vehicle at all times while the vehicle is providing transportation network services. A transportation network driver who provides transportation network services using the digital network of more than 1 transportation network company shall display the respective decals for each transportation network company while the vehicle is providing transportation network services. A transportation network driver who ceases to be certified to provide transportation network services for any reason shall return the decal within 14 days of that cessation to the respective transportation network company in the manner and form prescribed by the division.
(c) In consultation with the commissioner of insurance, the department shall implement the insurance policy requirements established in section 228 of chapter 175 and SECTION 5 of this Act [G.L. c. 159A1/2, s. 5(a)] for application-based transportation workers, as defined by SECTION 1(a) [G.L. c. 149, s. 148E(a)] of this Act.
(d) (1) A transportation network company shall provide clear and conspicuous transportation fare estimates to customers and to application-based transportation workers, respectively, at all times, including during surge pricing, high volume and high demand times. Fare estimates shall include a clear rate estimate or the amount of the price increase resulting from surge pricing or increased demand. Failure to provide an accurate estimate may be the subject of a consumer or driver complaint to the department.
(2) At the termination of each ride, a transportation network company shall provide notices of payment to application-based transportation workers and receipts to customers, respectively, which shall contain the detailed itemized information as required under this section. Such information shall be available electronically through the transportation network company’s digital application and on its website and shall remain available to the customers and drivers so long as such customers and drivers maintain an account on the site, even where an application-based transportation worker is deactivated from the application or where a customer is banned from further use. Failure to provide an accurate receipt or notice of payment may be the subject of a complaint to the department.
Information required to be provided to transportation network companies’ customers under this section shall include: (i) the total payment made to the transportation network company by the customer for the ride; (ii) the number of miles driven for the ride; (iii) any surge pricing, additional charges, fees, taxes, and tips, in addition to the transportation network company base rate charged for the ride; and (iv) the start location and the end location.
Information required to be provided to application based transportation workers shall include: (i) the geographic start and end date of the ride; (ii) the number of miles driven for the ride; (iii) the total amount paid to the transportation network company for the ride; (iv) the base payment amount received for the ride by the application-based transportation worker; (v) mileage reimbursements received for the ride by the application-based transportation worker; (vi) any surge payment received for the ride by the application-based transportation worker; (vii) any bonus payment received for the ride by the application-based transportation worker; (viii) any tip remitted by the customer to the application-based transportation worker for the ride; (ix) any deductions from the application-based transportation worker’s compensation; (x) any credits received toward multi-ride or aggregate bonuses or loyalty programs for the ride; and (xi) gross payment received by the transportation network company per the ride;
(3) At the end of each continuous 7-day work period, a transportation network company shall provide clear, contemporaneous and accurate records to application-based transportation workers of their gross and net earnings for each period of working time during the week, consistent with chapters 149 and 151 of the General Laws.
(e)(1) A delivery network company shall provide clear and conspicuous delivery cost estimates to customers and to application-based transportation workers, respectively, at all times, including any premium charges, for high volume and high demand times. Estimates shall include a clear rate estimate, any differential pay for shopping, packaging or delivery functions and the amount of any increase in delivery charges resulting from surge pricing or increased demand.
(2) At the termination of each delivery, a delivery network company shall provide notices of payment to application-based transportation workers and receipts to customers, respectively, which shall contain detailed, itemized information pursuant to this section. Such information shall be available electronically through the delivery network company’s digital application and on its website and shall remain available to the customer and application-based transportation workers so long as such customers and workers maintain an account on the application or site, even where an application-based transportation worker is deactivated from the application or where a customer is banned from further use. Failure to provide an accurate receipt or notice of payment may be the subject of a consumer or application-based transportation worker complaint to the department.
(3) Information required to be provided to delivery network companies’ customers shall include: (i) the total payment made to the delivery network company by the customer for the delivery; (ii) the total labor cost for the delivery charged to the customer; (iii) the number of miles driven for the delivery; (iv) any surge pricing, additional charges, fees, taxes and tips, in addition to the delivery network company’s base rate charged for the ride; and (v) the start location and the end location.
(4) Information required to be provided to application-based transportation workers shall receive: (i) the geographic start and end date of the delivery; (ii) the number of miles driven for the delivery; (iii) the total payment made to the delivery network company by the customer for the delivery; (iv) the base payment received by the application-based transportation worker per the delivery; (v) any additional differential paid for any phase of services rendered such as shopping, packing and delivery– to the application-based transportation worker; (vi) mileage reimbursements received by the application-based transportation worker for the delivery; (vii) any surge payment received by the application-based transportation worker for the delivery; (viii) any bonus payment received by the application-based transportation worker for the delivery; (ix) any tip remitted by the customer to the by the application-based transportation worker; (x) any deductions from compensation to the application-based transportation worker; (xi) any credits received toward multi-ride or aggregate bonuses or loyalty programs for the delivery; and (xii) the gross base payment received by the delivery network company per the delivery.
(5) At the end of each continuous 7-day work period, a delivery network company shall provide clear, contemporaneous and accurate records to application-based transportation workers of their gross and net earnings for each period of working time during the week, consistent with chapters 149 and 151 of the General Laws.
(f) transportation network companies and delivery network companies shall provide, on a quarterly basis, data pertaining to their transportation network company or delivery network company on the following:
(1) the number of application-based transportation workers working in the commonwealth organized by originating base location;
(2) The number and percentage of application-based transportation workers whose average weekly working time as defined by SECTION 1 of this Act [c. 149 s. 148E(a)] exceeds: (A) 0-15 hours; (B) 15 hours; (C) 30 hours; (D) 40 or more hours organized by base location.
(3) The number of vehicles utilized for transportation network company or delivery network company work in the commonwealth organized by originating base location as defined by SECTION 1 of this Act [c. 149 s. 148E(a)];
(4) The number of application-based transportation workers driving or making deliveries in the commonwealth organized by county and by originating base location;
(5) The number of vehicles utilized for transportation network company/ or delivery network company work in the commonwealth organized by county and by originating base location;
(6) The number of trips taken in the commonwealth by application-based transportation workers organized by originating base location;
(7) The average number of miles per trip or per delivery organized by originating base location by application-based transportation worker;
(8) The average cost per trip or delivery organized by originating base location by application-based transportation workers for their transportation network company or delivery network company; and
(9) The number of hours a day surge or heightened pricing was in effect by originating base location by application-based transportation workers.
Transportation network companies shall also provide information on: (i) total miles driven with a passenger in vehicle by originating base location; and (ii) total miles driven without a passenger in the vehicle by originating base location.
Delivery network companies shall also provide: (i) total miles driven by cars, motorcycles and vans organized by originating base location; and (ii) total miles driven by bicycle or other non-motorized transportation organized by originating base location.
Every transportation network company and every delivery network company shall file with the department and shall plainly print and keep open to public inspection schedules showing all classes of rates, as well as itemized schedules of premiums, surcharges and other fees included but, not limited to, surge pricing, congestion pricing, any surcharges or fees in effect for any service, of every kind rendered or furnished, or to be rendered or furnished, by it within the commonwealth, and all conditions and limitations for the use of the same, in such places, within such time, and in such form and with such detail as the department may order.
Section 2A. The department shall inquire into the rates, charges, policies, practices, safety protocols, equipment and services of transportation network companies and delivery network companies operating in the commonwealth subject to its jurisdiction.
(a) No transportation network company or delivery network company shall, except as otherwise provided in this chapter, charge, demand, exact, receive or collect a different rate or charge for any service rendered or furnished by it, or to be rendered or furnished, from the rate or charge applicable to such service as specified in its schedule filed with the department and in effect at the time.
No transportation network company or delivery network company shall extend to any person or corporation any rule, regulation, privilege or facility except such as are specified in the said schedule and regularly and uniformly extended to all persons and corporations under like circumstances for the like, or substantially similar service.
Unless the department otherwise orders, no change shall be made in any rate or charge, or in any rule or regulation or form of contract or agreement in any manner affecting the same as shown upon the schedules filed in accordance with this chapter, except after 30 days from the date of filing a statement with the department setting forth the changes proposed to be made in the schedule then in force and the time when such changes shall take effect, and such notice to the public as the department orders, to be given prior to the time fixed in such statement to the department for the changes to take effect.
The department, for good cause, may allow changes before the expiration of said 30 days, under such conditions as it may prescribe, and may suspend the taking effect of changes under the circumstances and in the manner provided in the following section. As soon as any such changes take effect they shall be plainly identified as amendments and added to existing schedules. Amended and new schedules shall be printed and filed with the department and posted on the Department’s website and elsewhere as the department may order.
(b) Whenever the department receives notice of any changes proposed to be made in any schedule filed by any transportation network company or delivery network company, it shall notify the attorney general and appropriate stakeholders, including but not limited to, labor organizations and other non-profit corporations who advocate on behalf of application-based transportation workers, provide work-related benefits to application-based transportation worker, represent workers in the commonwealth’s transportation and delivery industries or engage in advocacy to improve the working conditions of low income, contingent workers in the commonwealth, including but not limited to application-based transportation workers. The department, either upon motion by the attorney general or applicable stakeholders, or in its own discretion and after notice, hold a public hearing and make investigation as to the propriety of such proposed changes.
Notice of such hearing shall be published on the department’s website, newspapers and on social media websites as the department may select at least twenty-one days before such hearing.
Pending any such investigation and the decision thereon, the department may, by order served upon the transportation network company or delivery network company affected, suspend, from time to time, the taking effect of such changes, but not for more than 10 months in the aggregate beyond the time when the same would otherwise take effect. After such hearing and investigation, the department may make, in reference to any new rates, charges, rule, regulation or form of contract or agreement proposed, an order consistent with its determinations based on the evidentiary record. At any such hearing, the burden of proof to show that such change is necessary to obtain a reasonable compensation for the service rendered shall be upon the delivery network company or transportation network company. Additionally, during the investigation, the transportation network company and/or delivery network company must provide the methods and calculations for setting proposed rates and evidence supporting such a change, including, but not limited to, advancing safety, accessibility, and convenience of the public, cost effectiveness, reliability of service, and accountability to the commonwealth and to consumers.
(c) Every transportation network company and delivery network company shall give notice of any vehicular accident in which one of its application-based transportation workers was involved during working time and which resulted in property damage over $10,000, injuries requiring medical treatment, or a loss of life, to the Department within twenty-four hours. For each omission to give such notice, the transportation network company or delivery network company shall forfeit not more than $1000 dollars.
A department inspector shall investigate promptly any accident which causes the death or imperils the life of any person, and shall report thereon to the department, and may investigate any other accident.
The department, through its commissioners or by employees duly authorized, may examine all books, contracts, records, documents, papers and memoranda of any transportation network company or delivery network company, and by subpoena duces tecum compel the production thereof, or of duly verified copies of the same or any of them, and compel the attendance of such witnesses as the department may require to give evidence at any such examination.
(d)Whenever the department believes, after holding a hearing in its discretion or upon complaint by an application-based transportation worker or consumer, that:
(1) any transportation network company/delivery network company rates, fares or charges for any services performed within the commonwealth, or a transportation network company/delivery network company’s policies or practices affecting such rates, are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any provision of law or insufficient to yield reasonable compensation for the service rendered, the department shall determine the just and reasonable rates, fares and charges to be charged for the service to be performed, and shall fix the same by order to be served upon transportation network companies/delivery network companies, whichever is implicated, by whom such rates, fares and charges or any of them are thereafter to be observed.
Every such transportation network company or delivery network company shall comply with all requirements established by the department, and do everything necessary or proper in order to secure absolute compliance by all its officers, agents and employees.
(2) If a consumer files a complaint with the department concerning any rate, fare or charge demanded and collected by any transportation network company/delivery network company for any service performed and the department finds after a hearing and investigation conducted pursuant to section 10 of chapter 30A that a rate, fare or charge that is unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any provision of law has been collected for any service, the department may order the transportation network company or delivery network company which has collected or paid the same to make due reparation to the aggrieved person, with interest from the date of the payment of such unjustly discriminatory amount.
(3) If an application-based transportation worker complaint is made to the department concerning any transportation network company’s or delivery network company’s payments, deductions, or other business practices regulating application-based transportation workers’ compensation upon which application-based transportation workers reasonably rely, and the department finds after hearing and investigation conducted pursuant to section 10 of chapter 30A that payments, deductions or other business practices are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any provision of law, insufficient to yield reasonable compensation for the service rendered, or inconsistent with the estimates provided to application-based transportation workers for specific rides or deliveries, the department may order the transportation network company or delivery network company which has collected or paid the same to make due reparation to the aggrieved application-based transportation worker, with interest from the date of the original payment.
Such orders of reparation shall cover only payments made within 3 years before the date of filing the petition seeking to have reparation ordered. Such order may be made without formal hearing whenever the transportation network company/delivery network company affected shall assent in writing thereto, or file or join in a petition therefor. Nothing provided for in this section limits or amends an application-based transportation worker’s right to seek redress pursuant to section 151 of chapter 149.
(4) An application-based transportation worker may file a complaint with the department over the failure of a transportation network company or delivery network company to activate the worker or assign the worker work if the worker otherwise meets all prerequisites and certifications required by this chapter. Activation and work assignments shall not be denied on an arbitrary or capricious basis. An application-based transportation worker may also file a complaint with the department over a transportation network company or delivery network company’s deactivation of the worker if the worker otherwise meets all of the prerequisites and certifications required by this chapter. Deactivation shall not be implemented without good cause.
The department will hear the merits of the application-based transportation worker’s complaint consistent with section 10 of chapter 30A. The hearing officer may order the transportation network company or delivery network company to activate or re-activate the application-based transportation worker’s account as well as any other appropriate remedy. A decision of the hearing officer may be appealed under said chapter 30A. Nothing in this section shall preclude an application-based transportation worker from seeking vindication under common law, other state or federal law concerning a transportation network company or delivery network company’s deactivation or failure to activate their account.
A consumer or application-based transportation worker aggrieved by a final order or decision of the department pursuant to subsection (d)(1)-(4) of this Section may institute proceedings for judicial review in the superior court within 30 days after receipt of such order or decision. Any proceedings in the superior court shall, insofar as applicable, be governed by section 14 of chapter 30A. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the division’s order or decision.
(5) Any transportation network company or delivery network company, agent or person, who discriminates against any application-based transportation worker because such worker has made a complaint to the department or any other person or assists the department in any investigation under this section or has instituted or caused to be instituted any proceeding under or related to this section, or has testified or is about to testify in any such proceedings, shall be deemed to have violated this section and shall be punished or shall be subject to a civil citation or order prescribing restitution for all lost wages as well as compensatory damages by the department.
Any current or former application-based transportation worker aggrieved of a violation of section (d) may, within 2 years, institute a civil action in the superior court. The court may: (i) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violation of this section; (ii) activate or reactivate the application-based transportation worker to the same or to an equivalent position; (iii) compensate the application-based transportation work for three times the lost wages, benefits and other remuneration, and interest thereon; and (iv) order payment by the transportation network company/delivery network company of reasonable costs and attorneys' fees.
(e) The department shall have supervision of every affiliated company, including but not limited to servicing and parent companies, joint ventures or subsidiaries of a delivery network company/transportation network company, as hereinafter defined, with respect to all relations, transactions and dealings, direct or indirect, and shall make all necessary examination and inquiries and keep itself informed as to such relations, transactions and dealings as have a bearing upon the rates, financial condition and practices of such delivery network company or transportation network company. Such relations, transactions and dealings, including any payments by a delivery network company or transportation network company to such an affiliated company or by such an affiliated company to a delivery network company or transportation network company for property owned, leased or used by such carrier or such affiliated company for transportation purposes shall be subject to review and investigation by the department in any proceeding brought under this chapter, and the department may order such affiliated company to be joined as a party respondent with such carrier in such a proceeding.
(1) Every affiliated company having such relations, transactions and dealings with the delivery network company or transportation network company with which it is affiliated shall make such annual or periodic reports, and in such form, as the department may by regulation prescribe, in order to give the department effective supervision over all such relations, transactions and dealings. Such a report may include, if so regulated by the department, service quality metrics, including but not limited to, reliability, efficiency, safety and accessibility.
(2) Officers and employees of the department may be authorized by it to examine the books, contracts, records, documents and memoranda or the physical property of any affiliated company subject to this chapter with respect to any relations, transactions or dealings, direct or indirect, between such affiliated company and any company so subject, and, for any examination so authorized, shall be entitled to full access to the subject matter thereof. No such officer or employee shall divulge any fact or information coming to his knowledge during the course of such examination unless directed by the Department or by the court, or authorized by law.
(3) For the purposes of this section, the term “affiliated companies” shall include any corporation, society, trust, association, partnership or individual: (a) controlling a delivery network company or transportation network company subject to this chapter either directly, by ownership of a majority of its voting stock or of such minority thereof as to give it substantial control of such company, or indirectly, by ownership of such majority or minority of the voting stock of another corporation, society, trust or association so controlling such company; (b) so controlled by a corporation, society, trust, association, partnership or individual controlling as aforesaid, directly or indirectly, the company subject to such chapter; or (c) standing in such a relation to a company subject to such chapter that there is an absence of equal bargaining power between the corporation, society, trust, association, partnership or individual and the company so subject, in respect to their dealings and transactions.
(4) Whenever, in any proceeding before the department under Section 2A the reasonableness of any payment, charge, contract, or purchase, sale, obligation or other arrangement between a transportation network company/delivery network company and a company related to it as an affiliated company, as defined in paragraph (3), shall come into question, the burden of establishing and proving the reasonableness of such payment, charge contract, purchase, sale, obligation or other arrangement shall be upon such delivery network company or transportation network company.
(5) The supreme judicial court shall have jurisdiction in equity to enforce compliance with this section and with all orders of the department made under authority thereof.
(6) The department, though its duly authorized employees, may annually audit all, or any portion of, accounts of any delivery network company or transportation network company or group of delivery network companies or transportation network companies.
(7) No action or order of the department shall in any manner impair the legal duties and obligations of a transportation network company or delivery network company or its legal liability for the consequences of its acts or of the neglect or mismanagement of any of its agents or servants.
(8) If, in the judgment of the department, any transportation network company or delivery network company violates or neglects in any respect to comply with any law, and after written notice by the department, continues such violation or neglect or neglects to make returns as required by law, or to amend the same when lawfully required so to do, the department shall forthwith present the facts to the attorney general for action.
(9) Whenever the department is of opinion that a transportation network company or delivery network company is failing or omitting or about to fail or omit to do anything required of it by law or by order of the department, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of the law or of any order of the department, it shall direct its counsel to begin, subject to the supervision of the attorney general, an action or proceeding in the supreme judicial court in the name of the department for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunction.
(10) The department’s annual report will include reporting on transportation network company or delivery network company activities in the commonwealth, to the same extent as provided for other common carriers pursuant to section 43 of chapter 159.
(11) The department shall calculate and the secretary of administration and finance shall determine, pursuant to section 3B of chapter 7, the costs associated with the department’s transportation network company or delivery network company ratemaking, investigations, oversight and adjudications. The department may charge the transportation network company/delivery network company a reasonable fee to cover the costs.
(f) A transportation network company or a delivery network company shall not raise base fares during a federal or a governor-declared state of emergency.
(g) In consultation with state police, local law enforcement and the registry of motor vehicles, the department shall ensure the safety and annual inspection of vehicles utilized by application-based transportation workers working for transportation network companies or delivery network companies, including vehicle inspection pursuant to section 7A of chapter 90. An application-based transportation worker shall obtain a vehicle inspection at the driver’s next annual emissions testing or within 12 months of obtaining a transportation network company or delivery network company driver certificate, whichever comes first.
(h) The department shall ensure the accommodation of riders with special needs. A transportation network company shall not impose additional charges or increase fares when providing services to persons with disabilities and all transportation network companies shall comply with applicable laws, rules and regulations relating to the accommodation of service animals.
(j) A transportation network company shall provide an application-based transportation worker’s name, picture and the license plate number of the vehicle in use to a customer on any digital network used to facilitate a pre-arranged ride.
(k) A delivery network company shall provide an application-based transportation worker’s name, picture, and license plate number of the vehicle, if any, in use to a customer on any digital network used to facilitate a pre-arranged delivery.
(l) In consultation with the department, the Massachusetts Department of Transportation’s highway division shall provide for the issuance of electronic toll transponders set at the commercial vehicle rate to be issued by transportation network companies and delivery network companies to application-based transportation workers. The electronic toll transponders shall be used each time an application-based transportation worker provides transportation network services on a toll road, bridge or tunnel; provided, however, that the issuance of an electronic toll transponder pursuant to this subsection shall not prohibit an application-based transportation worker from establishing or maintaining an electronic toll transponder account for personal use.
(m) In consultation with the department, transportation network companies and delivery network companies shall provide their transportation/delivery data to the Massachusetts Department of Transportation and the department shall cross-reference that data with its toll data to ensure that tolls incurred by an application-based transportation worker providing transportation/delivery services are paid at the commercial rate through the pay by plate system and through the electronic transponder system.
(n) A transportation network company or delivery network company shall notify the Department upon receipt of information that an application-based transportation worker utilizing its network has violated a law or rule or regulation related to the provision of transportation/delivery services or that the application-based transportation worker is not suitable to provide transportation/delivery services.
(o) If, after the Department issues a background check clearance certificate, the Department is notified by a transportation network company or delivery network company, law enforcement or government entity that an application-based transportation worker is unsuitable and the Department verifies the unsuitability, the Department shall immediately revoke or suspend the background check clearance certificate and shall notify the application-based transportation worker and each transportation network company or delivery network company who issued the application-based transportation worker a certificate that the background check clearance certificate has been revoked or suspended. The Department shall issue rules and regulations to establish a process for an application-based transportation worker to appeal a revocation or suspension. The rules or regulations shall include an opportunity for a hearing and a decision, in writing, addressing the reasons for overturning or sustaining the Department’s findings.
An application-based transportation worker aggrieved by a final order or decision of the department pursuant to this subsection may institute proceedings for judicial review in the superior court within 30 days after receipt of such order or decision. Any proceedings in the superior court shall, insofar as applicable, be governed by section 14 of chapter 30A. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the division’s order or decision.
Section 2B. Transportation network companies and delivery network companies may be subject to municipal regulation.
An application-based transportation worker assigned to a base location–as defined by SECTION 1 of this Act [c. 149, s. 148E(a)]– within the limits of a city or town– shall obtain a license for such operation from the city council of such city and its mayor or the selectmen of such town, in this chapter called the licensing authority. The amount of the fee for any such license shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7 for the filing thereof and shall not be unduly burdensome. Such license may limit the number of vehicles to be operated thereunder for good cause. Any application-based transportation worker who is receiving a license under this section and operating a vehicle or vehicles thereunder, shall, in respect to such operation, be subject to such orders, rules or regulations as shall be adopted by the licensing authority under this chapter. No license, certificate or permit shall be required under this chapter in respect to such carriage of passengers as is exclusively interstate.
If any application for a license under this section is not favorably acted upon within a period of sixty days after the filing thereof, the applicant may appeal to the Department within five days following the expiration of said period or, if notice of unfavorable action is sooner given, within five days of said notice, upon a petition in writing setting forth all the material facts in the case. The Department shall hold a hearing on each such appeal, requiring due notice to be given to all interested parties. If the Department approves the action of the licensing authority, it shall issue notice to that effect, but if the Department disapproves of said action, it shall act as a licensing authority and may issue a license which shall specify the route or routes on which a motor vehicle subject to this section may be operated and the number of vehicles which may be operated under such license.
(a) An application-based transportation worker shall obtain a concurrent license from the Department. The Department shall charge a nominal fee for the issuance of an original permit and for the renewal thereof, the amount of which shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7 for the filing thereof.
(b) After public notice and hearing, the department or the municipal licensing authority may, for good and sufficient reasons to be stated in the order of revocation, revoke in whole or in part such a license issued by such authority, but unless within thirty days after any such order of revocation, except an order made by the department or licensing authority, the licensee consents thereto in writing, such order shall not be valid until approved by the department after public notice and hearing.
(c) The department may, in order to provide for unusual, sudden or unforeseen transportation needs, or to avoid interruption of existing transportation facilities, issue such temporary application-based transportation licenses as it deems that public convenience and necessity to serve more than one municipality. An applicant for such temporary license shall serve a copy of the application on the town or city that the applicant has designated a base location. All temporary licenses issued under this section shall be limited to such period as the department shall specify, not exceeding 120 days. No such license shall be renewed, nor shall more than one such license for substantially the same route be granted to the same person because of the same emergency.
(d) Each application-based transportation worker shall at all times, upon request, furnish any information required by the department or its duly authorized employees relative to the condition, management and operation of transportation network companies or delivery network companies for which the worker provides transportation or delivery services, and shall comply with all lawful orders of the department. Every such application-based transportation worker neglecting to provide such information within the time prescribed as aforesaid, or to amend said information within 15 days of the date of any notice to do so.
(e) The licensing authority in any city or town may, in respect of matters not treated of in the provisions of law governing the operation of motor vehicles under this chapter or rules established by the department, adopt rules and regulations governing such operation. After the adoption of any such rules and regulations, any transportation network company or delivery network company operating such a motor vehicle as authorized by this chapter, may petition the department for the alteration, amendment or revocation of any such rule or regulation.
The department, upon such petition, after notice to the licensing authority and a hearing, may alter, amend or revoke such rule or regulation and establish in place thereof rules and regulations thereafter to be observed in such city or town. Thereafter, the department, upon its own initiative or upon petition of the mayor of such city or the selectmen of such town, or of transportation network company or delivery network company in such city or town, may alter, amend or revoke any rule or regulation established by the department, and may adopt rules and regulations in substitution thereof.
SECTION 4. Said chapter 159A1/2 is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-
Section 3. (a) Applicants to operate a transportation network company or delivery network company platform shall demonstrate that the transportation network company or delivery network company:
(i) has an oversight process in place to ensure that the transportation network company or delivery network company provides sufficient insurance coverage to all application-based transportation workers using the delivery network company’s/transportation network company’s digital network, as required by this chapter and section 228 of chapter 175, and otherwise complies with all laws, rules and regulations concerning transportation network vehicles and drivers;
(ii) has an oversight process in place to ensure that each application-based transportation worker using the transportation network company’s/delivery network company’s digital network has, pursuant to section 4, successfully completed a background check, maintains a valid background check clearance certificate, is a suitable driver and has a transportation network company/delivery network company certificate;
(iii) has a digital network to pre-arrange services employs a clear and conspicuous explanation of the total cost and pricing structure, including every fair schedule, charge, incentive and its applicability by region and time, applicable to each pre-arranged ride before the ride begins;
(iv) does not use excessive minimum or base rates, surge pricing, charges or fees;
(v) has an oversight process in place to ensure that tolls incurred by an application-based transportation worker providing transportation/delivery network services through its digital network are paid at the commercial rate by the transportation network company/delivery network company including the utilization of the electronic toll transponder issued pursuant to subsection (j) of Section 2A and the data cross-reference pursuant to subsection (k) of said Section 2A;
(vi) has an oversight process in place to ensure that the company digital network accommodates customers with special needs, including customers requiring wheelchair accessible vehicles, in all areas served by the transportation network company/delivery network company, comply with all applicable laws regarding nondiscrimination against customers or potential customers and ensure the accommodation of customers with special needs including, but not limited to, all applicable laws, rules and regulations relating to the accommodation of service animals and application accessibility;
(vii) has a process in place to ensure that it shall: (1) maintain and update, pursuant to regulations promulgated by the department, an electronic, searchable roster, in a technology and format prescribed by the department, that includes each application-based transportation worker certified by the transportation network company/delivery network company to provide pre-arranged rides and/or delivery services using the transportation network company/delivery network company digital network, including their current address, phone and email contacts, and their base location, as defined in SECTION 1 of this Act [c. 149, s. 148E(a)]; (2) upon request and with appropriate legal process, provide those rosters to the department, the registry of motor vehicles and to state and local law enforcement; (3) maintain and update those rosters as required by the department; (4) comply with all requests for information from the Department regarding the roster, including verification of completion of a background check as required pursuant to clause (ii).
Provided, however, that the transportation network company’s or delivery network company’s rosters including the name, address, phone, email contacts and base location shall not be a public record subject to disclosure under chapter 66. Provided further, that a labor organization or other non-profit corporation who advocates on behalf of application-based transportation workers, provide work-related benefits to application-based transportation workers, represent workers in the transportation and delivery industries or engage in advocacy to improve the working conditions of low income, contingent workers in the commonwealth, including but not limited to application-based transportation workers, and whose written aims and objectives on file with the department of labor relations or the secretary of the commonwealth specifically address their representation and advocacy efforts on behalf of application-based transportation and gig economy workers, may petition the department for an roster of a transportation network company or delivery network company including application-based transportation worker names, addresses, phones and email contacts by base location and the department shall provide the roster in an electronic, searchable format;
(viii) has established a toll-free customer service hotline that shall be capable of responding to public, application-based transportation worker and customer questions and complaints and that the hotline number shall be conspicuously posted along with the hours of operation on the applicant’s website and within the applicant’s digital network application; provided, however, that the department shall develop metrics concerning customer, application-based transportation worker, and consumer complaints, which shall be reported quarterly by transportation network companies or delivery network companies to the department and shall promulgate regulations concerning the investigation of complaints and compliance with these metrics;
(ix) has established procedures governing the safe provision of services compliant with state and federal law to disabled people, including but not limited to, pickup, transfer, and delivery of individuals with visual impairments and individuals who use mobility devices, including but not limited to wheelchairs, crutches, canes, walkers, and scooters; provided, however, that the department shall develop metrics concerning the provision of services to the disabled, transportation network company or delivery network companies shall be report quarterly to the department on compliance with the metrics; provided, however, that the department shall promulgate regulations concerning the investigation of complaints and compliance with these metrics;
(x) has established procedures, policies, protocols and practices, including but not limited to trainings and the implementation of a panic-button system linked to both the transportation network company/delivery network company and local law enforcement, to promote the safety of its application-based transportation workers and customers; provided, however, that the department shall develop metrics concerning customer, application-based transportation worker and consumer safety-related complaints, training, and implementation and utilization of the panic button system which shall be reported quarterly to the department and shall promulgate regulations concerning the investigation of complaints and compliance with these metrics; and
(xi) has an oversight process in place to ensure that application-based transportation network workers with vehicles registered outside of the commonwealth meet the requirements of this chapter.
(b) After obtaining the information required under clause (ii) of subsection (c) of section 4, the Department shall determine whether the application-based transportation worker has committed an offense that would disqualify him/her from providing transportation network company/delivery network company services, according to the Department’s rules, orders and regulations. The department shall determine if the application-based transportation worker applicant is suitable and, if determined to be suitable, shall provide the transportation network company/delivery network company and the application-based transportation worker with a background check clearance certificate. The department shall conduct a background check pursuant to clause (ii) of subsection (c) of section 4 not less than annually. If the department finds that a application-based transportation worker is not suitable under the annual background check, the department shall notify the application-based transportation worker and each relevant transportation network company/delivery network company that the background check clearance certificate is revoked or suspended.
(c) The department shall calculate and the secretary of administration and finance shall determine, pursuant to section 3B of chapter 7, the costs associated with the Department’s review of an application for a transportation network company/delivery network company operations permit, for renewal of the permit and to issue background check clearance certificates, and for oversight, investigation, compliance, and enforcement of transportation network company/delivery network company reporting requirements and metrics. The department may charge the transportation network company/delivery network company a reasonable fee to cover the costs.
SECTION 5. Said chapter 159A1/2 is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:-
Section 5. (a) Each transportation network and delivery network company shall carry adequate insurance, as required by this chapter and section 228 of chapter 175, for each vehicle being used to provide transportation and delivery services through a transportation network company or delivery network company’s digital network.
(b) A transportation network company/delivery network company shall carry adequate insurance for each vehicle being used to provide transportation and delivery network services in association with an application-based transportation worker driver’s certificate. An application-based transportation worker shall carry proof of adequate insurance provided by a transportation network company/delivery network company for whom he/she provides services, as required by section 228 of chapter 175, at all times while providing transportation and/or delivery services on behalf of the transportation network company/delivery network company. In the event of an incident giving rise to personal injury or property damage, an application-based transportation worker shall provide insurance coverage information to directly interested parties, automobile insurers and law enforcement. Upon request, a transportation network driver shall disclose to directly interested parties, automobile drivers, automobile insurers and law enforcement whether the driver was providing transportation network services at the time of the incident. Nothing in this Section exempts an application-based transportation worker from the commonwealth’s minimum vehicle insurance requirements while driving a vehicle at any time he/she is not providing services on behalf of a transportation network company/delivery network company.
(c) Automobile liability insurance providers offering coverage to a transportation network company/delivery network company to comply with subsection (a) or (b) shall cover all application-based transportation workers providing transportation and delivery services for compensation on behalf of the transportation network company/delivery network company; their insurance policies will cover all times when an application-based transportation worker is in a vehicle and logged on to the transportation network company/delivery network company digital network and driving on behalf of the transportation network company/delivery network company.
(d) A transportation network company/delivery network company shall disclose, in writing, to a prospective application-based transportation worker, before certifying the application-based transportation worker to provide transportation and/or delivery services through the transportation network company/delivery network company digital network: (i) the insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company/delivery network company provides while the application-based transportation worker provides transportation or delivery network services; and (ii) a statement that the application-based transportation worker’s own automobile insurance policy does not provide coverage while the driver is providing transportation and/or delivery network services.
(e) In a claims coverage investigation, a transportation network company/delivery network company, a application-based transportation worker and an insurer responding to a claim involving a transportation network company/delivery network company shall disclose to each other a clear description of the coverage, exclusions and limits provided under an automobile insurance policy maintained under this section and shall cooperate to facilitate the exchange of relevant information with directly involved parties including, but not limited to, the precise times that a application-based transportation worker logged on and off of the transportation network company/delivery network company’s digital network in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident.
SECTION 6. Said chapter 159A1/2 is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-
Section 8. (a) The department shall require a transportation network company/delivery network company to maintain certain records, in addition to the records required by clause (vii) of subsection (a) of section 3 including, but not limited to, records pertaining to incidents reported to the transportation network company/delivery network company relative to a application-based transportation worker, customer, or other impacted individual, records pertaining to accessibility, and records pertaining to pricing. The department shall issue guidelines on the content, maintenance, and disclosure of incident reports, accessibility data and complaints, and pricing. A transportation network company/delivery network company shall retain the incident reports for not less than 7 years. Each transportation network company or delivery network company or applicant to operate as a transportation network company or delivery network company shall furnish all information and documents related to the condition, management and operation of the company upon the department’s request; provided, however, that any such request shall be reasonably related to the requirements set forth in this chapter and the rules and regulations promulgated under this chapter. The failure to maintain or furnish information to the Department within a timeline to be determined by the department shall, barring a showing of good cause, constitute cause to not issue, suspend or revoke a transportation network company/delivery network company permit pursuant to section 6.
(b) A transportation network company/delivery network company shall provide to the department a detailed monthly accounting of application-based transportation worker and customer complaints received under clause (viii) of subsection (a) of section 3 and the actions the company has taken, if any, to resolve said complaints.
(c) In response to a specific complaint alleging criminal conduct against any application-based transportation worker or customer, a transportation network company or delivery network company shall, upon request and after being served with appropriate legal process, provide information to a requesting law enforcement agency necessary to investigate the complaint, as determined by the law enforcement agency.
Transportation network company and delivery network companies shall, after being served with appropriate legal process, cooperate with law enforcement and provide information related to an alleged criminal incident including, but not limited to, trip specific details regarding origin and destination, length of trip, GPS coordinates of route, driver identification and, if applicable, information reported to the transportation network company/delivery network company regarding the alleged criminal activity by a application-based transportation worker or customer, to the appropriate law enforcement agency upon receipt of a specific complaint alleging criminal conduct against any application-based transportation worker or customer.
(d) Any record furnished to the department shall exclude information identifying application-based transportation workers or customers, unless the Department explains, in writing, to the transportation network company/delivery network company why the information is necessary for the enforcement processes established in this chapter.
(e) Any record furnished to the department or other state agency by a transportation network company/delivery network company pursuant to this chapter including, but not limited to, the roster of permitted application-based transportation workers, shall not be considered a public record as defined in clause Twenty-sixth of section 7 of chapter 4 or chapter 66. An application for a transportation network company/delivery network company permit submitted pursuant to this chapter shall be a public record as defined in said clause Twenty-sixth of said section 7 of said chapter 4 or said chapter 66.
SECTION 7. Said chapter 159A1/2 is hereby further amended by striking out section 9, as so appearing, and inserting in place thereof the following section:-
Section 9. Nothing in this chapter shall require a transportation network company/delivery network company to issue a driver certificate to a application-based transportation worker applicant who fails to meet the requirements of this chapter or prevent the transportation network company/delivery network company from suspending, revoking or otherwise terminating an application-based transportation worker from its digital network for failure to meet the requirements of this chapter.
Any application-based transportation worker whose driver certificate is suspended, revoked or otherwise terminated or application-based transportation worker applicant who denied a driver certificate on the grounds that they do not meet the criteria for certification under this Section may appeal the same to the department under Section 2B(o) of this Chapter.
SECTION 8. Section 10 of said chapter 159A1/2 is hereby repealed.
SECTION 9. Said chapter 159A1/2 is hereby amended by striking out section 12, as inserted by section 23 of chapter 176 of the acts of 2022, and inserting in place thereof the following section:-
Section 12. (a) On the first day of each month, each transportation network company shall submit to the Department, in a format approved by the Department, data related to each pre-arranged ride provided in the month prior to the previous month and shall include for each pre-arranged ride: (i) the latitude and longitude for the points of the origination and termination, calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination, calculated to the nearest minute; (iii) the total cost paid by the customer for the ride; (iv) the universally-unique identifier associated with the application-based transportation worker; (v) the application-based transportation worker’s city or town of residence as appearing on the driver's license; (vi)whether the customer requested a shared ride but was not successfully matched with another customer; (vii) whether the customer requested accommodation for special needs; (viii) whether the transportation service was provided by a wheelchair accessible vehicle; (ix) whether there were any application-based transportation worker or customer-initiated cancellations; (x) the total time that the application-based transportation worker spent on the way to pick up the customer; (xi) the total time that the application-based transportation worker spent providing the pre-arranged transportation service; (xii) the geographic position of the vehicle during the entire duration of the pre-arranged ride, provided at intervals of not less than every 60 seconds of the pre-arranged ride/delivery; (xiii) the total mileage driven by the application-based transportation worker while on the way to pick up the customer; (xiv) the total mileage driven by the application-based transportation worker while providing the pre-arranged transportation/delivery service; (xv) the transportation network company vehicle license plate; (xvi) whether the application-based transportation worker is a professional driver, as advertised by the transportation network company; and (xvii) whether the pre-arranged transportation service was advertised by the transportation network company as a luxury or premium ride, regardless of whether the transportation network vehicle was registered as a livery vehicle; provided, however, that if the pre-arranged ride was advertised by the transportation network company as a luxury or premium ride, the factors that were considered in that designation, including, but not limited to, vehicle make, model, year and, if available, trim, whether the transportation network driver was a professional driver, as advertised by the transportation network company and whether the ride was available by an exclusive membership option.
(b) On the first day of each month, each delivery network company shall submit to the department, in a format approved by the department, data related to each pre-arranged delivery provided in the month prior to the previous month and shall include for each pre-arranged delivery: (i) the latitude and longitude for the points of the origination and termination, calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination, calculated to the nearest minute; (iii) the total cost paid by the customer for the delivery services; (iv) the universally-unique identifier associated with the application-based transportation worker; (v) the application-based transportation worker’s city or town of residence as appearing on the driver's license; (vi) specific to a delivery network company, whether the application-based transportation worker engaged in selection of products, packing and transportation or any portion of the service; (vii) whether the customer requested any accommodations for special needs; (viii) specific to a delivery network company, whether the application-based transportation worker provided the accommodation; (ix) whether there were any application-based transportation worker or customer-initiated cancellations; (x) the total time that the application-based transportation worker spent selecting, packing or on the way to pick up the items for delivery; (xi) the total time that the application-based transportation worker spent providing the pre-arranged delivery services; (xii) the geographic position of the vehicle during the entire duration of the pre-arranged delivery, provided at intervals of not less than every 60 seconds of the pre-arranged delivery; (xiii) the total mileage driven by the application-based transportation worker while on the way to pick up the delivery; (xiv) the total mileage driven by the application-based transportation worker while providing the pre-arranged delivery service; (xv) the application-based transportation worker’s vehicle license plate; and (xvi) whether the pre-arranged ride was advertised by the delivery network company as providing expedited or other premium service.
(c) The department may obtain additional ride/delivery data from a transportation network company/delivery network company for the purposes of congestion management, which may include, but shall not be limited to: (i) the total number of application-based transportation workers that utilized the transportation network company/delivery network company digital network within specified geographic areas and time periods as determined by the division; and (ii) the total time spent and total miles driven by application-based transportation workers in such geographic areas or time periods as determined by the Department while (A) on the way to pick up a customer or (B) engaged in a pre-arranged ride/delivery. The Department shall promulgate regulations relative to data collection pursuant to this subsection prior to obtaining the data.
(d) Annually, not later than June 30, the department shall post on its website, in aggregate form, the total number of rides provided by all transportation network companies and all deliveries provided by all delivery network companies that originated in each city or town, each city or town where the rides/deliveries originating in each city or town terminated and the average miles and minutes of the rides/deliveries that originated in each city or town and terminated in each other respective city or town.
(e) For the purposes of congestion management, transportation planning or emissions tracking, as well as any other beneficial use in the interest of the Commonwealth, its subdivisions, and/or its municipalities, the Department may enter into data-sharing agreements to share electronic, de-identified trip-level data received by the Department pursuant to this section with the executive office of technology services and security, the executive office of energy and environmental affairs, the Massachusetts Department of Transportation, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department of environmental protection, a regional transit authority established under section 3 of chapter 161B, municipalities serviced by transportation network companies or delivery network companies, a regional planning agency in the commonwealth and a metropolitan planning organization in the commonwealth. The Commonwealth will provide versions of this data, redacted to address the reasonable privacy concerns of both application-based transportation workers and consumers only to the extent absolutely necessary to individuals and organizations within the Commonwealth who are stakeholders upon request and a reasonable showing of interest in the data.
The department shall prescribe the form and content of a data-sharing agreement under this subsection, the manner of transmitting the information and the information security measures that shall be employed by an entity receiving the data under any such data sharing agreement. A data-sharing agreement shall specify that the information provided by the Department shall be aggregated and de-identified and may be used only for the purposes set forth in the agreement. Any data received by an entity from the Department through a data-sharing agreement under this subsection shall be considered a public record under section 7 of chapter 4 and chapter 66 and shall be subject to reasonable limitations on dissemination for profit.
SECTION 10. Said chapter 159A1/2 is hereby further amended by striking out section 12, as inserted by section 8, and inserting in place thereof the following section:-
Section 13. (a) The department shall establish a program to reduce greenhouse gas emissions from transportation network companies or delivery network companies. To the extent permitted under federal law, the program shall establish requirements for transportation network companies or delivery network companies including, but not limited to, vehicle electrification and greenhouse gas emissions requirements. Such requirements shall include, but not be limited to, a requirement for said companies to submit biennial plans to gradually increase zero-emission transportation network vehicles and reduce greenhouse gas emissions to meet goals set by the executive office of energy and environmental affairs. If the Department determines that vehicle electrification requirements alone would be sufficient to achieve the greenhouse gas emissions goals set by the executive office of energy and environmental affairs, then it may establish requirements for vehicle electrification without establishing separate requirements for greenhouse gas emissions. The department shall, to the extent practicable, minimize any negative impacts of the program on application-based transportation workers from neighborhoods and municipalities that have an annual median household income of not more than 65 per cent of the statewide annual median household income.
(b) The department shall establish regulations to implement the program established in this section.
SECTION 10. Section 12 shall take effect on 01/01/2024.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to Whereas Transportation Network Companies (TNCs) and Delivery Network Companies DNCs have operated in the Commonwealth for almost a decade, employing 100,000s of Massachusetts residents and generate $100,000,000s in revenue in the Commonwealth each year; , 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 to promote economic mobility through matched savings
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S628
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SD1221
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T18:23:27.9'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T18:23:27.9'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-16T17:51:50.7333333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-10T08:53:58.3166667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-03T16:50:43.5166667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-04-28T12:50:48.75'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S628/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 628) of James B. Eldridge, Patricia D. Jehlen and Sal N. DiDomenico for legislation to promote economic mobility through matched savings. Financial Services.
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Chapter 23A of the General Laws is hereby amended by adding the following three sections:-
Section 70.
(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Account holder”, a household that is an eligible participant.
“Eligible participant”, a household which has an income that does not exceed 80 per cent of the median income for the area, with adjustments made for smaller and larger families, as such median shall be determined from time to time by the secretary of the United States Department of Housing and Urban Development pursuant to 42 U.S.C. 1437(a)(B)(2) or any successor legislation and the regulations promulgated thereunder; provided however, that: (1) notwithstanding any federal law or rule to contrary, a person shall not be denied assistance under this chapter based wholly or in part on the amount of the person’s assets; (2) that any income generated by such assets may be treated as countable income; (3) receipt of federal, state or local public assistance of any form shall not make a person ineligible to be an account holder.
“Community-based organization”, a public or private nonprofit organization that is exempt from taxation under 26 U.S.C. 501(c)(3), a community foundation, housing authority, a city or town with demonstrated effectiveness in representing a community or a significant segment of a community and providing educational or related social services to individuals in that community.
“Fiscal intermediary”, a Massachusetts nonprofit organization that is exempt from taxation under 26 U.S.C. 501(c)(3) with demonstrated effectiveness in matched-savings account management.
“Financial institution”, a bank, credit union, any association or corporation chartered by the commonwealth under chapter 168, 170, 171 or 172, or an individual, association, partnership or corporation incorporated or doing a banking business in the commonwealth subject to the supervision of the commissioner.
“Matched-savings account”, a contract between an account holder and a fiscal intermediary to increase their economic mobility.
(b) (1) A person who qualifies to become an account holder may establish a matched-savings account. The matched-savings account shall permit the account holder to work towards approved savings goals set forth in subsection (c).
(2) A matched-savings account shall provide for the deposit of funds into 2 accounts at a financial institution: (i) a designated account at a financial institution by the account holder and; (ii) the deposit of matching funds by the fiscal intermediary into a designated account at a financial institution.
(3) Before creating a matched-savings account, a person shall create a savings plan developed by the participant and a community-based organization. The plan shall provide the participant with the appropriate financial education, counseling and asset-specific training designed to increase the economic mobility of the participant’s household.
(c) Approved savings goals shall serve to increase economic mobility including, but not limited to:
(1) the acquisition of post-secondary education or job training;
(2) if the account holder has established the account for the benefit of a household member who is under the age of 18 years, the payment of extracurricular non-tuition expenses designed to prepare the member for post-secondary education or job training;
(3) if the account holder has established a savings plan authorized under 26 U.S.C. 529 or prepaid tuition plan on behalf of a designated beneficiary, the participant shall provide accurate account statements to the fiduciary organization in order to earn match;
(4) the purchase of a primary residence; provided further, that account moneys under this paragraph shall be broadly construed to include, but not be limited to: (i) payment on the purchase price of the residence; and (ii) any usual or reasonable settlement, financing, or other closing costs;
(5) the rental of a primary residence; provided further, that account moneys under this paragraph shall be broadly construed to include, but not be limited to: (i) security deposits; (ii) first month’s rent; (iii) prepayment of last month’s rent; (iv) application fees; (v) major appliances not included in the lease necessary to move into the primary residence; and (vi) moving expenses;
(6) the capitalization of a small business; provided further, that account moneys under this paragraph shall be broadly construed to include, but not be limited to: (i) capital, plant, equipment, and inventory expenses, (ii) hiring employees upon capitalization of the small business; (iii) working capital;
(7) improvements, repairs, or modifications to a home already owned by the account holder;
(8) the purchase of equipment, adaptive technology or specialized training required to become competitive in obtaining or maintaining employment, or to start or maintain a business, or to increase the economic mobility of the account holder;
(9) the purchase or repair of a vehicle, as specified in the account holder’s matched-savings plan for increasing the economic mobility of the person;
(10) the saving of funds for retirement;
(11) the payment of debts owed when the account holder is saving for another allowable purpose, as specified in the account holder’s matched-savings plan; provided further, a non-profit organization with demonstrated expertise shall provide credit counseling;
(12) the creation or improvement of a credit score by obtaining a secured credit-builder loan or a financial product that is designed to improve credit, as specified in the account holder’s matched-savings plan for increasing the economic independence of the person.
(d) A fiscal intermediary may qualify as the recipient of account contributions only if the fiscal intermediary structures the accounts to have the following features:
(1) The fiscal intermediary matches amounts deposited by the account holder according to a formula established by the fiscal intermediary. The fiscal intermediary shall deposit $4 into the account for each $1 deposited by the account holder.
(2) The matching deposits by the fiscal intermediary to the matched-savings account are placed in a savings account that is controlled by the fiscal intermediary and is separate from the savings account of the account holder.
(3) The total amount paid into a matched-savings account during its existence, including amounts from participant deposits and matching deposits may not exceed $20,000. The participant shall not contribute in excess of $4,000. The amount matched shall not exceed $16,000. The executive office of housing and economic development shall adjust the figures set forth in this paragraph annually to reflect increases in the cost of living by the same method used for federal income tax brackets.
(e)(1) If an emergency occurs, an account holder may withdraw all or part of the account holder’s deposits to a matched-savings account for a purpose not described in subsection (c). A financial emergency is a disruption to the account holder’s economic circumstances including , but not limited to: (i) making payments for necessary medical expenses; (ii) avoiding eviction of the account holder from the account holder’s residence; (iii) for necessary living expenses following a change in economic circumstances.
(2) The account holder shall resume contributions to the account holder’s savings account after the account holder deems that the financial emergency has been resolved. The account holder may choose to continue to pursue the savings plan through the appropriate financial education, counseling and asset-specific training in coordination with the account holder’s community-based organization while experiencing the financial emergency.
(3) If an account holder withdraws funds from a matched-savings account for other than an approved purpose, the fiscal intermediary may remove the account holder from the program.
(f)(1) If the account holder of an account established for the purpose set forth in the third paragraph through the tenth paragraph, inclusive, of subsection (c) has achieved the account’s approved purpose in accordance with the matched-savings plan developed by the account holder, the account holder may withdraw, or authorize the withdrawal of, the remaining amount of all deposits, including matching deposits, and interest in the account as follows: (i) for an account established for the purpose set forth in subsection (c)(3) of this section, by rolling over the entire withdrawal amount into one or more savings plans authorized under 26 U.S.C. 529, the establishment of which is the purpose of the matched-savings account; or (ii) for an account established for the purpose set forth in subsection (c)(10) of this section, by rolling over the entire withdrawal amount into an individual retirement account, a retirement plan or a similar account or plan established under the Internal Revenue laws of the United States.
(2) Upon withdrawal of all funds in the matched-savings account as provided in the first paragraph of this subsection, the account relationship shall terminate.
(g) (1) If an account holder moves from the area where the program is conducted or is otherwise unable to continue in the program, the fiscal intermediary may remove the account holder from the program.
(2) If the fiscal intermediary removes an account holder from the program, all matching deposits in the account and all interest earned on matching deposits shall revert to the fiscal intermediary. The fiscal intermediary shall use the reverted funds as a source of matching deposits for other accounts.
(h) (1) The executive office of housing and economic development may select a fiscal intermediary to administer moneys directed by the commonwealth to matched-savings account purposes.
(2) In making the selection, the executive office of housing and economic development shall consider factors related to its effectiveness including, but not limited to:
(i) the ability of the fiscal intermediary to implement and administer the matched-savings program, including the ability to verify account holder eligibility, certify that matching deposits are used only for approved purposes and exercise general fiscal accountability;
(ii) the capacity of the fiscal intermediary to convene and provide professional development opportunities that increase the capacity of community-based organizations to provide financial education, counseling, and asset-related training to account holders;
(iii) the partnerships that the fiscal intermediary maintains with like-minded community-based organizations, government agencies, and other entities that support asset-building and wealth creation among the lower-income households across the commonwealth;
(iv) Subject to executive office of housing and economic development rules, a fiscal intermediary has sole authority over, and responsibility for, the administration of matched-savings accounts.
(3) The fiscal intermediary may use at least 5 per cent of the allocated moneys to the matched-savings program for account management, compliance, and participation in audits.
(4) (i) The fiscal intermediary shall ensure that account holders include people of color and women, at least in such proportion as these groups exist in the commonwealth’s population as periodically determined by the state secretary as the commonwealth’s chief census officer. (ii) The fiscal intermediary shall ensure that account holders represent diverse geographic areas of the commonwealth, including urban, rural and suburban areas.
(5) The fiscal intermediary shall provide the executive office of housing and economic development with an annual report of the fiscal intermediary's matched-savings account program activity. The fiscal intermediary shall file the report with the executive office of housing and economic development no later than 90 days after the end of the fiscal intermediary’s fiscal year. The report shall include, but is not limited to: (i) the number of matched-savings accounts administered by the fiscal intermediary; (ii) the amount of deposits and matching deposits for each account; (iii) the purpose of each account; (iv) the number of withdrawals made; and (v) participant demographics including, but not limited to, race, ethnicity, age, gender identity and sexual orientation, and any other information the executive office of housing and economic development may require for the purpose of making a return-on-investment analysis.
(i) (1) Subject to executive office of housing and economic development rules, the responsibility of the community-based organization extends to all aspects of operating the matched-savings program, including, but not limited to: (i) marketing and outreach; (ii) verification and enrollment of participants; (iii) financial education; (iv) one-on-one counseling; (v) conducting asset-specific training; (vi) indirect costs; (vii) and other required verification and compliance activities.
(2) There is no limit to how many community-based organizations work with the selected fiscal intermediary if they satisfy the required qualifications.
(3) A community-based organization shall receive no more than 25 per cent of the allocated monies for providing all activities set forth in the first paragraph.
(j) The executive office of housing and economic development may issue regulations to implement this section.
Section 70a. (a) There shall be a Matched Savings Trust Fund, which shall be administered by the secretary of housing and economic development. Monies in the trust fund shall be deposited with the state treasurer in a manner that will secure the highest interest rate available consistent with the safety of the trust fund.
(b) The secretary shall appoint the trustee of the fund, who shall serve until a successor is appointed.
(c) There shall be credited to the trust fund: (1) all revenue collected through section 70b; (2) all additional funds appropriated by the general court; (3) federal funds directed to the trust fund; (4) grants and any other funds directed to the trust fund; and (5) all interest earned on monies in the trust fund.
(d) Expenditures from the fund shall not be subject to appropriation and balances remaining at the end of a fiscal year shall not revert to the General Fund. Expenditures from the fund shall be made for promoting economic mobility among account holders as defined in section 70. Expenditures from the fund may be made for satisfying the objectives of section, including but limited to, providing matches to account holder contributions to their accounts, financial education, counseling, asset-specific training, for program administration, the fiscal intermediary and for oversight by the executive office of housing and economic development.
(e) Not later than August 1 of each fiscal year, the secretary shall submit a spending plan to the secretary of administration and finance and the house and senate committees on ways and means. For the purpose of accommodating discrepancies between the receipt of revenues and related expenditures, the secretary may incur obligations and the comptroller may certify payment amounts not to exceed the most recent revenue estimate submitted by the secretary and approved by the secretary of administration and finance but the fund shall be in balance by the close of each fiscal year.
Section 70b.
(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Commissioner”, the commissioner of revenue or the commissioner's duly authorized representative.
“Community partnership fund”, a fund administered by a nonprofit organization selected by the department to receive qualified investments from taxpayers for the purpose of allocating such investments to community partners.
“Taxpayer”, a taxpayer subject to an excise under this chapter.
(b) There is hereby established a Massachusetts matched savings tax credit.
(c) No tax credit shall be allowed to a taxpayer that makes a qualified investment of less than $1,000.
(d) A taxpayer that makes a qualified investment through a community partnership fund shall be allowed a refundable credit, to be computed as provided in this subsection, against the taxes imposed by chapter 63. If the amount of the credit allowed under this subsection exceeds the taxpayer's tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the amount of the excess, without interest. Alternatively, at the option of the taxpayer, a taxpayer entitled to a credit under this subsection for a taxable year may carry over and apply against the taxpayer's tax liability for any 1 or more of the succeeding 5 taxable years, the portion, as reduced from year to year, of the credit which exceeds the tax for the taxable year. If the taxpayer elects to carry over a credit balance, then the credit refund provision allowed by this subsection shall not apply. The credit shall be equal to 50 per cent of the total qualified investments made by the taxpayer, subject to the limits described in subsection (g). The department shall issue a certification to the taxpayer after the taxpayer makes a qualified investment. The certification shall be acceptable as proof that the expenditures related to that investment qualify as a qualified investment for purposes of the credit allowed under this section.
(e) The credit allowable under this section shall be allowed for the taxable year in which a qualified investment is made.
(f) Matched savings tax credits allowed to a pass-through entity such as a partnership or a limited liability company taxed as a partnership shall be passed through to the persons designated as partners, members or owners, respectively, pro rata or under an executed agreement among the persons designated as partners, members or owners documenting an alternative distribution method without regard to their sharing of other tax or economic attributes of the entity.
(g) The department shall authorize the tax credits under this section. The total value of the tax credits authorized in this section shall not exceed $12,000,000 in each taxable year.
(h) The commissioner, in consultation with the department, shall prescribe regulations necessary to carry out the tax credit established under this section.
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An Act relative to fairness in debt collection
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S629
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SD1222
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T18:17:37.38'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T18:17:37.38'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T17:05:43.24'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:01:32.4133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T16:38:04.97'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-28T13:58:40.7733333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T17:23:43.11'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S629/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 629) of James B. Eldridge, Michael J. Barrett, Vanna Howard and Sal N. DiDomenico for legislation relative to fairness in debt collection. Financial Services.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 93K the following chapter:-
CHAPTER 93L.
DEBT COLLECTION FAIRNESS ACT.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Charge-off”, a declaration by a creditor that a delinquent consumer loan, consumer credit account or other consumer debt has been removed from a creditor’s books as an asset and treated as a loss or expense.
“Consumer”, a natural person.
“Consumer form contract”, a contract in writing between a business and a consumer involving goods or services including, but not limited to, credit or financial services, primarily for personal, family or household purposes, that has been drafted by the business for use with more than 1 consumer, unless the only other consumer is the spouse of the first consumer.
“Consumer debt”, an obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services that are the subject of the transaction are primarily for personal, family or household purposes, whether or not the obligation has been reduced to judgment; provided, however, that “consumer debt” shall not include a common expense or charge levied under chapter 183A or 183B; an obligation or alleged obligation to pay common expenses or charges levied pursuant to a covenant or agreement running with the land; or a residential mortgage loan. A “residential mortgage loan” shall mean any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling as defined in 15 U.S.C. section 1602(w) or residential real estate upon which is constructed or intended to be constructed a dwelling as so defined.
“Creditor”, a person or entity to whom a debt is owed, including a judgment creditor and any other person or entity that obtains an execution on a debt; provided, however, that “creditor” shall not include an organization of unit owners as defined in section 1 of chapter 183A, a time- share association under chapter 183B or a homeowner association or entity to whom debt is owed pursuant to a covenant or agreement running with the land.
“Debt buyer”, a person or entity that is engaged in the business of purchasing delinquent or charged-off consumer loans or consumer credit accounts or other delinquent consumer debt for collection purposes, whether it collects the debt itself or hires a third-party for collection or an attorney for litigation in order to collect the debt.
“Debt collector”, any person or entity who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of a debt, or who regularly collects or attempts to collect, directly or indirectly, a debt owed or due or asserted to be owed or due another.
“Earnings”, gross compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, payment for skilled, personal or professional services or otherwise, whether earned as an employee or as an independent contractor.
“Execution”, an attachment, levy, garnishment or other disablement, freeze or seizure of property, whether pre-judgment or post-judgment, to satisfy a debt or a creditor’s exercise of a right of setoff to collect a debt; provided, however, that it shall not include self-help repossession of collateral.
“Exempt”, not subject to execution, levy, attachment, garnishment, setoff, self-help, seizure or other form of process, court order, creditor or other action for debt collection or restitution or other equitable claim unless otherwise specified.
“Garnishment”, a legal or equitable procedure through which the earnings, property or funds of a person are required by a court of competent jurisdiction to be withheld by another entity for payment of a debt to a creditor.
“Trustee”, a trustee served pursuant to chapter 246.
Section 2. (a) Notwithstanding section 34 of chapter 235, if earnings of a consumer are attached to satisfy a judgment for collection of a consumer debt, that consumer’s earnings for a week that are less than 65 times the greater of the federal minimum hourly wage under 29 U.S.C. section 206(a)(1) or the state minimum hourly wage under section 1 of chapter 151 in effect at the time shall be exempt from the attachment and not subject to garnishment. This exemption shall be adjusted pro rata for a pay period that is more than weekly.
(b) If the consumer’s earnings exceed the amount that is exempt under subsection (a), not more than 10 per cent of the excess earnings shall be subject to garnishment.
(c) Notwithstanding subsection (a), a judgment debtor may seek to exempt additional wages from attachment by making a claim of undue financial hardship by filing a form with the court. Such form shall be prepared by the court to allow a judgment debtor to easily identify the basis for the judgment debtor’s request for an additional exemption. Upon the filing of the financial hardship form, the court shall hold a hearing as soon as practicable to determine the total amount that shall be exempted from the judgment debtors’ wages.
(d) If more than 1 order of attachment for a consumer debt is served on a trustee with respect to the same consumer, the order of attachment served earliest shall take priority. If an order of attachment with greater priority consumes the entirety of the income that is available for garnishment under the preceding subsections, then the consumer’s earnings shall not be garnished pursuant to the order of attachment with lower priority.
(e) The protections for earnings under this section apply to consumers whose physical place of employment is in the commonwealth, notwithstanding that the consumer’s employer may have corporate offices or other places of business located outside the commonwealth.
(f) This section shall not apply in a proceeding to attach earnings or a pension to satisfy a divorce, separate maintenance or child support order of a court of competent jurisdiction and in such a proceeding, including an action for trustee process to enforce a support order under section 36A of chapter 208, federal law limiting the amounts that may be trusteed, assigned or attached in order to satisfy an alimony, maintenance or child support order shall apply.
(g) Except as otherwise permitted by law, an amount held by a trustee for a defendant in a pension, as defined in section 28 of chapter 246 shall be reserved in the hands of the trustee and shall be exempt from attachment to satisfy a judgment for collection of a consumer debt.
(h) An employer shall not take adverse action against an employee or refuse to hire an individual because of one or more garnishments for consumer debts or because of obligations that any garnishments impose against the employer. An employer who violates this section shall be liable in a civil action, action for contempt or other appropriate proceeding to the employee or individual for the wages and employment benefits lost by the employee or individual from the time of the unlawful discipline, suspension, refusal to hire or discharge to the period of reinstatement and an additional penalty of not more than $1,000.
(i) Income from child support payments shall be exempt from collection.
Section 3. (a) Notwithstanding section 2 of chapter 260, an action for the collection of a consumer debt shall be commenced only within four years after the cause of action accrues. This limitations period shall apply to a consumer debt, whether the claim sounds in contract, account stated, open account or other cause, and notwithstanding another applicable statute of limitations of the Commonwealth or other jurisdiction. This time period also applies to a claim for a consumer debt based on a contract or instrument under seal.
(b) Notwithstanding section 14 of chapter 260, a payment on a consumer debt after the limitations period in subsection (a) has run shall not revive or extend the limitations period or bar the consumer from asserting a defense to the collection of a consumer debt.
(c) No creditor, debt buyer, or debt collector shall bring a suit or initiate an arbitration or other legal proceeding to collect a consumer debt if the applicable limitations period on the consumer debt in subsection (a) has expired.
(d) A waiver by a consumer of a protection or right under this section is void and shall not be enforced.
(e) Notwithstanding section 20 of chapter 260 or any other general or special law to the contrary, an action upon a judgment or decree on a consumer debt, including an execution upon or trustee process based on the judgment or decree and other activity to collect on the judgment, shall be commenced within 10 years after the entry of the judgment or decree. If an action on a judgment has commenced within 10 years, it may be renewed once for another 10 years. A judgment whose enforcement has been barred by the running of this limitations period shall not be revived or renewed.
Section 4. (a) For matters arising from a consumer debt, a plaintiff who has obtained a judgment shall provide written notice to a consumer at least 30 days prior to a supplementary proceeding in a civil action for the examination of a consumer pursuant to section 14 of chapter 224 or a payment review hearing in a small claims action pursuant to Uniform Small Claims Rule 7(i). The notice shall inform the consumer of the opportunity to submit a financial affidavit in a form prescribed by the court. If the consumer indicates through the financial affidavit that all income and assets are exempt and files it as directed by the court, the court shall acknowledge receipt and inform both parties that the hearing is canceled. Once a signed financial affidavit form indicating that all income and assets are exempt is on file in that case, no further supplementary proceedings or payment review hearings may be scheduled unless the judgment creditor presents evidence of the judgment debtor’s non-exempt income or assets and the court determines that there is a reasonable basis to believe that there are non-exempt assets or income warranting the scheduling of a new supplementary proceeding or payment review hearing.
(b) Notwithstanding the provisions of sections 18 and 20 of chapter 224 or any other applicable law or court rule, for matters arising from a consumer debt no capias or other warrant to compel the attendance of a consumer shall be issued for failure of the consumer to appear at a supplementary proceeding in a civil action for the examination of a consumer pursuant to section 14 of chapter 224 or a payment review hearing in a small claims action pursuant to Uniform Small Claims Rule 7(i). Instead failure to appear shall trigger the scheduling of a show cause hearing for the court to determine whether a capias or other warrant to compel the attendance of a consumer should issue. No capias or other warrant shall issue to compel the attendance of a consumer without evidence that notice of the show cause hearing was served on the consumer either by signed return receipt or by a sworn return of service.
(c) Notwithstanding the provisions of sections 18 and 20 of chapter 224 or any other applicable law or court rule, a consumer that is compelled to attend pursuant to a capias or other warrant shall be brought before the court the same day. The consumer shall be given the opportunity to complete the financial affidavit described in paragraph (a). The capias or other warrant shall be satisfied by the consumer’s appearance in court or completion of the financial affidavit indicating that all forms of income and assets are exempt.
(d) Notwithstanding the provisions of sections 18 and 20 of chapter 224 or any other applicable law or court rule, no person shall be imprisoned or jailed for failure to pay a consumer debt, nor shall any person be imprisoned or jailed for contempt of or failure to comply with a court order to pay a consumer debt in part or in full.
Section 5. (a) If a plaintiff prevails in an action to collect a consumer debt, interest computed pursuant to section 6C of chapter 231 or section 8 of chapter 235 shall be limited to a fixed rate of interest of 2 percent per annum. A higher rate of interest on the judgment shall not be permitted, including the rate provided for in the contract. Notwithstanding any interest rate specified in a judgment prior to January 1, 2024 the applicable interest rate to be applied by the judgment creditor or its assignee on and after January 1, 2024, shall be 2%. Judgments issued prior to January 1, 2024 with an interest rate other than 2% are not required to be amended or reissued by the courts.
(b) If the plaintiff prevails in an action to collect a consumer debt, the plaintiff shall be entitled to collect attorney’s fees only if the contract or other document evidencing the indebtedness sets forth an obligation of the consumer to pay attorney’s fees, subject to the following provisions: (i) if the contract or other document evidencing indebtedness provides for attorney’s fees in some specific percentage, the provision and obligation shall be valid and enforceable up to but not in excess of 15 per cent of the amount of the debt excluding attorney’s fees and collection costs; (ii) if a contract or other document evidencing indebtedness provides for the payment of reasonable attorney’s fees by the consumer , without specifying a specific percentage, the provision shall be construed to mean the lesser of 15 per cent of the amount of the debt, excluding attorney’s fees and collection costs, or the amount of attorney’s fees calculated by a reasonable rate for such cases multiplied by the amount of time reasonably expended to obtain the judgment; and (iii) the documentation setting forth a party’s obligation to pay attorney’s fees shall be provided to the court before a court may enforce those provisions; provided, however, that the documentation shall not include materials that the plaintiff has already filed together with the complaint in compliance with applicable court rules.
(c) If the consumer is the prevailing party in an action to collect a consumer debt, the consumer shall be entitled to an award of reasonable attorney’s fees, unless the case is voluntarily dismissed with prejudice pursuant to Rule 41(a)(1)(i) of the Massachusetts Rules of Civil Procedure or a stipulation of dismissal explicitly provides otherwise. The amount of the debt that the plaintiff sought shall not be a factor in determining the reasonableness of the award. In the alternative, at the consumer’s election, a prevailing consumer in an action to collect a consumer debt shall be awarded the amount of attorney’s fees that the plaintiff would have been entitled to collect if the plaintiff had been the prevailing party.
Section 6. (a) A violation of sections 2 to 5, inclusive, shall also be a violation of chapter 93A.
(b) A portion of a contract, including a consumer form contract, that violates sections 2 to 5, inclusive, shall be void.
SECTION 2. Section 28 of chapter 246 of the General Laws is hereby amended by adding the following paragraph:-
This section shall not apply in a proceeding to attach earnings or a pension to satisfy a judgment for collection of a consumer debt, as defined in section 1 of chapter 93L, and in such an action said chapter 93L shall apply.
SECTION 3. Section 3 of Chapter 93L shall not apply to a consumer debt for which the cause of action accrued before January 1, 2024; provided, however, that subsection (b) of section 3 of said chapter 93L shall apply to payments made after the effective date of this act. Provided further that subsection (b) of section 6 of chapter 93L shall not apply to a contract, including a consumer form contract that is in effect before January 1, 2024.
SECTION 4. This act shall take effect on January 1, 2024.
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An Act to require closed captioning in telecommunications in public areas
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S63
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SD1434
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:09:05.28'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:09:05.28'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S63/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 63) of Michael J. Barrett for legislation to require closed captioning in telecommunications in public areas. Children, Families and Persons with Disabilities.
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Chapter 25C of the General Laws is hereby amended by inserting after section 8 the following section:-
Section 9.
(a) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meaning:
"Closed captioning", a transcript or dialog of the audio portion of a television program that is displayed on a television receiver screen when a user activates the feature.
"Closed-captioning television receiver", a receiver of television programming that has the capacity to display closed captioning, including but not limited to, a television, digital set top box or other technology.
"Public area", a part of a place of public accommodation that is open to the general public.
"Regular hours", the hours of any day in which a place of public accommodation is open to members of the general public.
(b) Upon request, a place of public accommodation shall not fail to keep closed captioning activated on any closed-captioning television receiver that is in use during regular hours in any public area.
(c) Notwithstanding the above, a place of public accommodation shall not be required to make closed captioning available in a public area of said place if: (1) no television receiver of any kind is available in the public area; or (2) the only public television receiver available in the public area is not a closed-captioning television receiver.
(d) Violations of subsection (b) shall constitute discrimination as defined in section 98 of chapter 272. The authority of the Massachusetts Commission on Discrimination shall extend to matters involving alleged or actual violations of this subsection.
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An Act ensuring access to specialty medications
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S630
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SD1228
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T17:56:22.687'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T17:56:22.6866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S630/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 630) of James B. Eldridge for legislation to ensure access to medications. Financial Services.
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SECTION 1. Chapter 112 of the General Laws is hereby amended by inserting after section 39J the following section:-
Section 39K. (a) For the purposes of this section, a “specialty pharmacy” may include any pharmacy in the commonwealth engaged in the dispensing of specialty medications as defined in section 3B of chapter 176D; provided further, that “specialty pharmacy” shall not include a mail service pharmacy.
The board shall establish a procedure to license specialty pharmacies, which prescribe, ship, mail, sell or dispense specialty medications in the commonwealth. The board shall take steps to ensure that all shipments of pharmaceutical drugs from in-state pharmacies to out-of-state destinations are in compliance with the licensing procedures applicable to pharmacies in the commonwealth.
(b) (1) A specialty pharmacy shall designate a pharmacist in charge who shall register with the board and shall be responsible for the pharmacy’s compliance with this chapter. Such pharmacist in charge shall be licensed and in good standing with the competent board of registration in pharmacy in the jurisdiction where the pharmacy is located.
(2) The designated pharmacist in charge shall disclose to the board the location, name and title of all principal managers and the name and applicable in-state board of registration license number of the designated pharmacist in charge, if applicable, and a letter from the board of registration of pharmacy certifying that the pharmacist in charge is in good standing with the applicable in-state board of registration. The designated pharmacist in charge shall submit a report containing this information and a copy of the certifying letter of good standing annually and within 30 days after any change of office, corporate office or manager of record.
(3) The designated pharmacist in charge shall certify to the board that the pharmacy maintains, at all times, a current unrestricted license, permit or registration to conduct the pharmacy in compliance with the laws and regulations of the jurisdiction in which the designated pharmacist in charge is licensed to practice. The pharmacy shall certify its compliance with reasonable informational requests made by the board and shall notify the board of any enforcement or disciplinary action taken against the pharmacy regardless of the state in which the enforcement action is taken.
(4) Annually, the designated pharmacist in charge shall certify to the board that the pharmacy maintains records of all drugs dispensed to patients in the commonwealth, and that these records are readily available, upon the request of the board. Annually, the designated pharmacist in charge shall send to the board a list of drugs dispensed in the commonwealth.
(c) No pharmacy or pharmacist operating outside of the state shall prescribe, ship, mail, sell, transfer or dispense drug preparations in the commonwealth unless that pharmacy has been granted a specialty license pursuant to this section.
(d) The division of insurance may adopt any written policies or procedures or promulgate regulations that the division determines are necessary to implement this section.
SECTION 2. The fourth paragraph of section 3B of chapter 176D of the General Laws, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by inserting after the second sentence the following sentences:- A carrier shall not prohibit the dispensing of specialty drugs as defined by this section that are included in its pharmaceutical drug benefits to insureds by any licensed pharmacy; provided, however, that the pharmacy is able to comply with the special handling, administration and monitoring requirements of the specialty drug. A carrier shall allow any network pharmacy to provide specialty drugs if the pharmacy agrees to the same reimbursement terms and conditions.
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An Act relative to access to care for serious mental illness
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S631
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SD1376
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T14:28:39.08'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T14:28:39.08'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-08-16T09:24:35.2133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S631/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 631) of James B. Eldridge for legislation relative to access to care for serious mental illness. Financial Services.
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SECTION 1. Chapter 175 of the General Laws is hereby amended by inserting after section 47PP the following new section:-
Section 47QQ.
(a) Any policy, contract, agreement, plan, or certificate of insurance issued, delivered, or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 118M, shall provide coverage for medications used to prevent, assess, or treat serious mental illness without requiring prior authorization or the initiation or completion of a step therapy protocol.
(b) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Serious mental illness" a mental disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, that results in serious functional impairment that substantially interferes with or limits one or more major life activities.
SECTION 2. Chapter 176A of the General Laws is hereby amended by inserting after section 8QQ the following new section:-
Section 8RR.
(a) Any policy, contract, agreement, plan, or certificate of insurance issued, delivered, or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 118M, shall provide coverage for medications used to prevent, assess, or treat serious mental illness without requiring prior authorization or the initiation or completion of a step therapy protocol.
(b) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Serious mental illness" means a mental disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, that results in serious functional impairment that substantially interferes with or limits one or more major life activities.
SECTION 3. Chapter 176B of the General Laws is hereby amended by inserting after section 4QQ the following new section:-
Section 4RR.
(a) Any policy, contract, agreement, plan, or certificate of insurance issued, delivered, or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 118M, shall provide coverage for medications used to prevent, assess, or treat serious mental illness without requiring prior authorization or the initiation or completion of a step therapy protocol.
(b) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Serious mental illness" means a mental disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, that results in serious functional impairment that substantially interferes with or limits one or more major life activities.
SECTION 4. Chapter 176G of the General Laws is hereby amended by inserting after section 4I the following new section:-
Section 4J.
(a) Any policy, contract, agreement, plan, or certificate of insurance issued, delivered, or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 118M, shall provide coverage for medications used to prevent, assess, or treat serious mental illness without requiring prior authorization or the initiation or completion of a step therapy protocol.
(b) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Serious mental illness" means a mental disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, that results in serious functional impairment that substantially interferes with or limits one or more major life activities.
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An Act to establish a Massachusetts public bank
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S632
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SD1589
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T18:01:13.797'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T18:01:13.7966667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-27T09:48:11.01'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T11:26:29.4'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-03T08:19:10.3833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T15:24:38.5566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-15T11:32:24.5233333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T14:12:16.69'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-09-22T09:21:52.06'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S632/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 632) of James B. Eldridge, Liz Miranda, Jack Patrick Lewis, Carmine Lawrence Gentile and other members of the General Court for legislation to establish a Massachusetts public bank. Financial Services.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 10 the following chapter:-
CHAPTER 10A
MASSACHUSETTS PUBLIC BANK
Section 1. Declarations.
(a) There shall be a Massachusetts public bank (the Bank), wholly owned by the commonwealth, to provide a safe depository for a portion of the public funds in the commonwealth and to support the economic well-being of the commonwealth, its cities and towns, its residents, its businesses and its state and municipal institutions, with an accountable and responsive governance structure that ensures community input.
(b) In order to obtain these benefits, the Massachusetts public bank (the Bank) shall:
(1) hold a portion of the commonwealth’s funds as deposits in the Bank and invest those funds within the commonwealth so as to further the Bank’s goals as detailed below;
(2) promote economic development and job creation within the commonwealth by providing affordable financing to small and medium-sized businesses, especially in under-served communities;
(3) assist businesses and municipalities in recovering from the economic repercussions of external shocks, including pandemics, recessions, and natural disasters;
(4) respond to the unmet affordable financing needs of cities and towns in the commonwealth;
(5) address the historic and current disadvantages experienced by the state’s minority and women-owned enterprises by providing affordable financing;
(6) assist workers and communities in creating jobs by supporting cooperative business models including worker-owned coops;
(7) increase available affordable housing options for all residents of the commonwealth;
(8) promote sustainable agriculture and address food insecurity, particularly by providing financing to family-owned farms and rural businesses that serve them;
(9) support non-profit and community-based organizations that work to address the results of racial injustice and/or to promote women’s economic and social equity;
(10) support the expansion and development of public and private measures to mitigate the grave dangers that climate change poses to the public and local enterprises, and to promote reductions in greenhouse gas emissions;
(11) provide economic support to state-based public or quasi-public agencies including community development financial institutions, community development corporations and economic development corporations;
(12) strengthen state-chartered private banks, particularly through participatory loan programs;
(13) enable the commonwealth to share in the methods of monetary support the federal government provides to commercial banks;
(14) be supervised for safety and soundness by the commissioner of banks.
Section 2. Definitions.
The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings:
“Affiliate”, a company that controls, is controlled by, or is under common control with another company.
“Affordable financing”, as defined in section 13 below.
“Affordable housing”, housing that: (1) satisfies the definition in section 1 of chapter 60 or section 38D of chapter 121B; (2) is a qualified low-income housing project as defined in 26 U.S.C. 42(g); or (3) is owned by families that (i) reside in a census tract in which the median income does not exceed 80 per cent of the area median income or (ii) have an income that does not exceed area median income and that resides in a minority census tract.
“Business plan”, a public document that lays out the Bank’s strategy for accomplishing its statutory directives through safe and sound operations of the Bank.
“Commissioner”, as defined in section 1 of chapter 167.
“Community development corporation”, as defined in section 2 of chapter 40H.
“Community development financial institution”, a private financial entity dedicated to delivering non-predatory affordable lending to help low-income, low-wealth and other disadvantaged people and communities that shall have the meaning ascribed to it under 12 U.S.C. 472(5)(a), including, but not limited to, those institutions that are not certified by the United States Treasury Community Development Financial Institution Fund.
“Eligible recipients”, as defined in section 12.
“Land trust”, a private, non-profit corporation or organization that acquires, manages, develops or maintains land or easements to promote the preservation or restoration of land in the commonwealth either for recreational, agricultural, scenic, residential or commercial use including, but not limited to, affordable housing, climate security or water resource protection uses.
“Massachusetts bank”, an association or corporation chartered by the commonwealth under chapter 168, 170, 171 or 172.
“Massachusetts Public Bank” or “Bank”, a bank chartered by the commonwealth and wholly owned by the commonwealth to accept deposits of public funds and provide affordable financing to eligible recipients so as to enhance the economic health of the commonwealth.
“Participation loan”, a loan in which the Bank shares funding or overseeing an advance of credit under a written agreement between the originator of the loan and the Bank.
“Rural area”, a municipality with population density of less than 500 residents per square mile, according to the latest decennial census of the United States.
“Rural business concern”, a business that (1) is a smaller business entity; (2) has its principal business operations in 1 or more rural areas in the commonwealth; and (3) is engaged in an occupation that directly supports the economy of the rural area or areas in which it is located.
“Underserved neighborhood”, a neighborhood that meets 1 or more of the following criteria: (1) the annual median household income is not more than 65 per cent of the statewide annual median household income; (2) minorities comprise 40 per cent or more of the population; (3) 25 per cent or more of households lack English language proficiency; or (4) 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.
“Smaller business entity”, a business that has 40 per cent of the employee count of a small business as defined under section 57 of chapter 23A.
Section 3. Authorities and Examinations.
(a) Unless explicitly provided otherwise under this chapter, the Bank shall have all the powers under the provisions of chapter 167F, as well as the other powers available to Massachusetts banks under the law.
(b) The Bank is authorized, but not required, to become a member of the Federal Reserve System.
(c) The Bank is authorized, but not required, to become a member of the Federal Deposit Insurance Corporation.
(d) To the extent convenient for its operations, the Bank may pursue its goals through subsidiaries, to be established under the same rules and regulations applying to other state-chartered depository institutions. These subsidiaries shall be subject to the same restrictions applying to the Bank with respect to deposits, eligible recipients and affordable financing as set forth in sections 9, 12 and 13.
(e) The Bank may accept and solicit property, including any gifts, donations, grants or bequests or any public funds for any of the purposes of this chapter.
(f) Beginning 1 year after the Bank has commenced operations and at least annually thereafter, the commissioner of banks shall examine the bank under its authority to examine Massachusetts banks. The Bank shall be subject to the provisions of chapter 167 and section 13 of chapter 167J; provided, however, that sections 2I, 14, 14A, 14C, 15-15K, 19, 20, 34, 37, 37A, 37B, 40, 41, 42, 43, 44, 45 and 46 of chapter 167 shall not apply to the Bank.
(g) In examining the Bank, the commissioner shall pay special attention to transaction testing the Bank’s compliance with its Business Plan. This part of the examination shall become public 6 months after the conclusion of the examination.
Section 4. Governance Structure of the Bank.
The provisions of this section are subject to the initial organization provisions of section 6.
(a) There shall be a board of directors to govern the Bank consisting of 9 members, including the state treasurer or the state treasurer’s designee, and 8 members who bring professional experience, across their number, in the following fields. Four individuals, to be appointed by the state treasurer, who collectively represent expertise in the operation of (1) community development financial institutions, (2) state-chartered depository institutions doing business primarily in the state, (3) credit unions or cooperative banks chartered under chapter 170 or chapter 171, and (4) public finance. Four individuals, to be appointed by the governor, who collectively represent expertise in (5) small business enterprises located in the commonwealth, (6) economic development, (7) local government and administration and (8) environmentally-conscious financing.
The members of the board of directors, including the state treasurer, or its designee, may be reimbursed for travel and other expenses incurred in preparing for and attending the meetings.
(b) Board representation shall reflect the geographical, racial and gender diversity of the commonwealth as periodically determined by the state secretary as the commonwealth’s chief census officer. The members of the board of directors shall represent all geographic areas of the commonwealth, including urban, rural and suburban areas.
(c) A board member shall be a resident of the commonwealth at least 90 days before appointment and, with the exception of the state treasurer or the state treasurer’s designee, while serving on the board, shall not: (1) hold or be a candidate for federal, state or local elected office; (2) hold an appointed office in a federal, state or local government; (3) serve as an official in a political party; or (4) have served in any such office in the previous 4 years. The board members shall take an oath to faithfully and impartially execute their duties as board members. The members of the board shall be compensated for work performed for the board at such rate as the secretary of administration and finance shall determine.
(d) The board of directors shall elect its own chair by majority vote. This election shall take place whenever (1) a chair’s term on the board of directors ends without reappointment or (2) 2 or more members of the board of directors shall call for an election. Seven board members shall constitute a quorum and the affirmative vote of a majority of board members present and voting shall be required
for any action of the board of directors. The board shall meet quarterly and at other times as it shall deem necessary or upon the written request of 4 board members or the chair. The chair of the board of advisors as established under section 7, the chair’s designee or both may attend all such meetings as a nonvoting participant. Notice of all meetings shall be given to the board members, the chair of the board of advisors and to other persons who request such notice. The board shall adopt regulations establishing procedures related to its meetings, which may include electronic meetings and communications. (e) All board meetings shall be staffed with a bank officer to serve as secretary. The secretary shall keep a record of the proceedings of the board and shall be the custodian and keeper of the records of all books, documents and papers filed by the board and of its minute book. The secretary shall cause copies to be made of all minutes and other records and documents of the board and shall certify that such copies are true copies, and all persons dealing with the board may rely upon such certification.
(f) The board shall appoint a chief executive officer of the Bank with at least 6 affirmative votes. At the discretion of the chair of the board, the board may utilize a form of ranked-choice voting to ensure that the 6-vote threshold is satisfied. The chief executive officer shall not be a member of the board. If at any time, six board members shall declare a vote of no confidence in the current chief executive officer, the chief executive officer shall be terminated, and the board shall initiate the process of hiring a new chief executive officer immediately. In the case of an absence or vacancy in the office of the chief executive officer, or in the case of disability as determined by the board, the board may designate an acting chief executive officer by a 5-vote majority to serve as chief executive officer until the vacancy is filled, or the absence or disability ceases. Notwithstanding the provisions of any general or special law to the contrary, all board meetings regarding the hiring or termination of the chief executive officer or acting chief executive officer shall be executive sessions, and the voting records of the directors at these meetings shall be kept confidential. The chief executive officer, acting chief executive officer, the chair of the board of advisors or any designee thereof shall not attend executive sessions.
The chief executive officer shall serve at the pleasure of the board, shall receive such salary as may be determined by the board and shall devote full time and attention to the duties of the office. The chief executive officer shall be a person with skill and experience in management and banking, shall be the executive and administrative head of the Bank and shall be responsible for administering and enforcing
the provisions of law relative to the Bank and to the administrative units of the Bank. The acting chief executive officer shall have all of the powers and duties of the chief executive officer and shall have similar qualifications as the chief executive officer. The chief executive officer may employ other employees, consultants, agents and advisors, including legal counsel and shall attend meetings of the board. The chief executive officer shall be responsible for all aspects of the Bank’s management, including its physical facilities, investments, loan portfolio, accounting, risk management and regulatory compliance, as well as the drafting and subsequent execution of its Business Plan. The chief executive officer shall manage the Bank consistently with the Business Plan.
(g) (1) The Business Plan shall be effective for four years, and such further time as may be needed to draft a new Business Plan.
(2) The chief executive officer shall send a draft Business Plan to the chair of the board of advisors concomitantly with conveying it to the board of directors, but at least 30 days before the board of advisors' next scheduled quarterly meeting. The board of advisors shall immediately make it publicly accessible via the internet and publicly announce that it is available for public comment through the board of advisors’ internet-based comments portal. Within 30 days after said meeting, the chair of the board of advisors shall combine the board of advisors members’ comments and suggestions, along with any public input that the board deems pertinent, into a concise list of recommended modifications to the Business Plan and distribute those recommendations to the members of the board of advisors and of the board of directors. The board of directors shall promptly convey these recommendations, together with any comments of its own, to the chief executive officer. The chief executive officer shall then prepare a new draft Business Plan taking these recommendations into account as the chief executive officer sees fit and convey it to the board of directors and board of advisors within 30 days of the recommendations’ receipt. This updated draft Business Plan shall be voted upon by the board of directors within 30 days of receiving the updated draft from the chief executive officer, at an ad hoc board of directors meeting if necessary. The board of advisors’ comments and recommendations, together with the public’s input from the board of advisors’ meetings and from the comments portal and the approved Business Plan itself, shall be made publicly available via the internet. (3) A Business Plan, once approved, may not be overridden by the board of directors except through a declaration of emergency, as described in section 5. If the board of directors disapproves a draft Business Plan, this process shall begin anew and be repeated until a Business Plan is approved. Upon the third consecutive disapproval of a draft Business Plan, the chief executive officer who drafted those Business Plans shall be deemed to have been terminated by the board of directors, and the board of directors shall hire a new chief executive officer before a further draft Business Plan may be considered.
(h) Employees of the Bank determined eligible by the Massachusetts State Board of Retirement shall be members of the Massachusetts State Employees Retirement System pursuant to the provisions of Chapter 32.
Section 5. Powers and Duties of the Board of Directors
Subject to Section 3(a), the board of directors shall have all powers necessary or convenient to carry out and effectuate its purposes, including, but not limited to, the power to: (a) approve of the Business Plan of the Bank, to ensure that the Plan pays due attention to the recommendations of the Bank’s board of advisors and to monitor the Bank’s subsequent compliance with the currently operative Plan. Approval of the Business Plan by the board requires six votes. (b) keep the board of advisors of the Bank fully informed of the Bank’s operations and loan portfolio and to convey the recommendations of the advisors to the chief executive officer. To this end, there shall be an annual joint meeting of the board of directors, the board of advisors and the chief executive officer. The chair of the board of directors shall preside over the joint meeting. When requested by a majority of the board of advisors as established in section 7, the board of directors shall schedule and hold a second joint meeting within the year. (c) regularly review the Bank’s financial statements and other records to ensure that it is in compliance with all applicable laws and regulations and with all reporting requirements under section 11. (d) in the event of a natural or man-made disaster, to declare a state of emergency that requires the chief executive officer to override the currently operative Business Plan, in such manner as the board of directors shall deem necessary to address and recover from the disaster. Seven members of the board of directors shall approve the declaration of emergency, following consultation with the chair of the board of advisors and shall specify a duration for the emergency of no more than 1 year. At the conclusion of a 1-year declaration of emergency, the board shall only approve an extension of the declaration of emergency by unanimous re-approval.
Section 6. Initial Organization Development
(a) The initial board of directors members shall be appointed within 120 days of the effective date of this Act.
(b) Four of the 8 initially-appointed members of the board of directors shall serve 2-year terms.
(c) The board shall elect its officers at its first meeting. Initial board meetings shall be staffed by an interim board employee acting as secretary.
(d) The board chair shall publicly solicit applications for the chief executive officer immediately upon the board’s appointment. The board shall expeditiously determine the applicant to hire.
(e) The chief executive officer shall cause to be drafted the initial Business Plan within 1 year of being hired by the board of directors.
(f) The initial board of advisors shall be appointed within 90 days of the appointment of the initial board of directors. Of the advisors initially appointed by the governor, 8 shall serve 2-year terms and the remaining 8 shall serve 4-year terms, with half the appointees from each category to serve each length term. The board of advisors shall elect its own chair at its first meeting for a term of two years.
(g) Members of the board of directors and the board of advisors shall serve for a term of 2 or 4 years, depending on the term of their initial appointment, and shall be eligible for a single reappointment to that board.
Section 7. Appointment and Duties of the Board of Advisors.
The board of advisors shall consist of 18 members, 1 of whom shall be the lieutenant governor or the lieutenant governor’s designee and 1 of whom may be designated by the Federal Reserve Bank of Boston by its community development experts. The governor shall appoint the remaining 16 members for 4-year terms. The governor shall make appointments from persons nominated by organizations representing the following stakeholder communities, taking 2 persons from each category except where 1 person is indicated, with a limit of 1 candidate per nominating entity: (1) state-chartered depository institutions or credit unions that derive over 90 per cent of their deposits in-state, or associations representing predominately these organizations; (2) community development finance institutions and community development organizations that focus primarily on supporting economic development in the commonwealth, including, but not limited to, rural and economic cooperative models and worker-owned enterprises; (3) organizations recognized under 26 U.S.C. 501(c)(3) to support underserved neighborhoods; (4) associations representing the interests of small business entities, particularly businesses owned by cognizable groups currently receiving less credit than proportional to their size or serving in areas operating in underserved neighborhoods; (5) 1 appointee each from the following organizations recognized under 26 U.S.C. 501(c)(3) to support the following ends: (i) sustainable agriculture; (ii) food security; (iii) climate change amelioration and environmental finance and (iv) environmental justice; (6) municipalities, as represented singly, by state-based associations of municipalities or by state-based chapters of municipal planners or professionals; (7) organizations in which employees or workers participate and which exist for the purpose, in whole or in part, of representing the interests of workers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work, at least one organization of which represents the interests of low-income workers. The terms of members of the board of advisors who are gubernatorial appointees shall be staggered: one-half of the board’s membership, consisting of 1 nomination from each category above shall terminate at 2-year intervals. In order to submit a nomination, an entity or organization shall have been in existence for at least 4 years. All nominations and determinations shall be public consistent with state law, and the Bank shall post them on the Bank’s website.
(b) An election for chair of the board of advisors shall take place whenever a chair’s term on the board of advisors ends or when a majority of those currently serving on the board of advisors shall call for an election. The board of advisors shall meet quarterly to review the Bank’s activities. The board of advisors’ meetings shall be open to the public consistent with the state’s open meeting law and publicized at least 30 days in advance. The chair of the board of advisors may attend all board of directors’ meetings and be recognized to speak.
(c) The public shall further be able to provide input to the board of advisors on an ongoing basis through an internet-based comments portal. The board of advisors shall make the establishment of the comments portal its first order of business and shall provide the board of directors, as well as the chief executive officer and staff, full access to the portal. The chair of the board of advisors shall be responsible for managing the comments portal and shall ensure that the comments on the portal are fully accessible to the public.
(d) The responsibilities of the board of advisors shall include (1) establishing its rules of procedure; (2) scheduling and publicizing its quarterly meetings and providing minutes on a timely basis to the public;(3) establishing an internet-based comments portal in which the public can review and comment on the bank’s activities and make proposals regarding future initiatives for the Bank’s consideration; (4) reviewing the bank’s draft business plan prepared by the chief executive officer and providing feedback; and (5) communicating policy recommendations and any significant concerns that may arise from quarterly meetings or the portal to the board of directors and chief executive officer.
(e) The members of the board of advisors may be reimbursed for travel and other expenses incurred in preparing for and attending the meetings. This reimbursement may include a stipend for members not otherwise compensated for their time by an employer. These and all other expenses incurred by the board of advisors in fulfilling its obligations, including the comments portal, shall be paid for from the Bank’s operating budget.
Section 8. Capitalization.
(a) The commonwealth shall make a $200,000,000 initial equity investment for the Bank under the schedule set forth in subsection (b). That amount shall be funded by direct legislative appropriation. (b) The general court shall appropriate $50,000,000 to the Bank in fiscal year 2024, $50,000,000 in fiscal year 2025, $50,000,000 in fiscal year 2026 and $50,000,000 in fiscal year 2027.
(c) The board of directors may decide to allocate a portion of the Bank’s initial capital and retained earnings between the Bank and its subsidiaries, established under section 3(e) under the same terms governing other state-chartered depository institutions.
Section 9. Deposits.
(a) The state treasurer, along with the Bank’s board of directors and its chief executive officer, shall determine when the Bank has sufficient capacity after the first appropriation of capital to receive public funds. On or near that date, the state treasurer shall deposit $350 million dollars of state funds in the bank. For each additional appropriation of Bank capital pursuant to Sections 8(a)-(b), the state treasurer shall deposit an additional $350 million of state funds, within three months of the effective date of such appropriation. After that date, the state treasurer shall so allocate state funds to ensure that the Bank maintains a minimum average annual deposit balance of $1,400,000,000.
(b) The state treasurer shall fund the minimum average deposit balance from state revenues held with the Massachusetts Municipal Deposit Trust; provided, however, that the state treasurer shall not withdraw funds from the “Move Money” program.
(c) The state treasurer shall use deposits in the Bank to make any payments, provided further that the state treasurer shall not take action that (1) disrupts the public bank’s liquidity position, or (2) reduces the size of the Bank’s minimum average annual deposit balance of $1,400,000,000.
(d) Given that the commonwealth is the sole shareholder of the Bank, the Bank shall not pay interest on the commonwealth’s deposits; provided, however, that the Bank shall pay interest to cities and towns with deposits held at the Bank at rates that the Bank sets.
(e) After the Bank is well established, has a record of sound operation, and the state treasurer, the board of directors and its chief executive officer have deemed the Bank to have the requisite capacity, the board of directors and chief executive officer may agree to accept deposits of funds from the commonwealth, cities, towns and quasi-public entities that have a maturity of over 180 days.
(g) Nothing in this provision shall derogate from the Bank’s powers to incur non-deposit liabilities, including, but not limited to, money market borrowing, Federal Reserve borrowing, capital market borrowing or its other powers under section 3.
Section 10. State Guarantee.
All deposits and other liabilities of the Bank shall be guaranteed by the full faith and credit of the commonwealth.
Section 11. Sound Operation and Reporting.
The board of directors shall operate the Bank to ensure its soundness and sustainability. According to the board of directors’ determination, the Bank’s annual monetary return may be provided to the commonwealth or reinvested in the capital of the Bank.
(a) Annually, the Bank shall publicly issue its financial reports to the governor and to the clerks of the house of representatives and senate. An external party shall audit these reports
(b) Annually, the state treasurer shall publicly report the current and average amount of cash and cash equivalents held by the commonwealth to the governor and to the clerks of the house of representatives and senate. Under section 2 the reported amounts shall be used in the calculation of the updated MAAB.
(c) The Bank shall maintain records of all banking transactions and amounts throughout the year.
(d) The Bank shall submit an annual public report to the state treasurer, describing the benefits of its activities to the commonwealth. In the report, the Bank shall include:
(1) Analysis of the extent to which it was able to meet priorities listed in section 13.
(2) For each type of eligible recipients specified under section 12 subsections (a) through (l), the number of recipients to whom the bank extended affordable financing and the total amount of the Bank’s regulatory capital dedicated to each type of eligible recipient.
(3) A description of the main forms of affordable finance extended by the Bank in the 14 counties of the commonwealth.
(e) The Bank shall file an annual report on the compensation paid by the Bank to the board of directors, the chief executive officer and other bank employees and consultants.
(f) The Bank shall be subject to chapter 66; provided however, that the Bank shall not be required to reveal the identity of an eligible recipient as defined in section 12 or information containing an eligible recipient’s financial data.
Section 12. Eligible Recipients.
The Bank shall use its powers to extend affordable financing to the following eligible recipients:
(a) Public or quasi-public entities, including, but not limited to, cities or towns located within the commonwealth, enterprises managed in whole or in part by cities or towns and public or quasi-public entities located in and primarily serving the commonwealth;
(b) Nonprofit organizations that are exempt from federal taxation under 26 U.S.C. 501(c)(3), whose primary goal is to benefit the commonwealth or its residents through community development;
(c) Land trusts;
(d) Entities operating as, or transitioning to be cooperatives, including, but not limited to, housing, worker and consumer cooperatives, employee stock ownership plans and worker-owned cooperative enterprises;
(e) Entities created by financial institutions that pool funds to lend for affordable housing development; (f) Developers of housing or preservation projects, only when entities financing the project invite the Bank to participate with financing;
(g) State-chartered depository institutions, to the extent that the affordable financing extended to these institutions is used to support the other eligible recipients in this provision;
(h) Community development corporations that operate in Massachusetts;
(i) Community development financial institutions that operate in Massachusetts;
(j) Investment vehicles established by the eligible recipients set forth in subsection (h) or (i);
(k) Smaller business enterprises, defined as in section 2 and doing business primarily in the commonwealth, that offer sustainable business plans and merit credit but are unable to procure affordable financing from other Massachusetts banks with or without participation by the Bank;
(l) Small- and medium-sized farms and related industries;
(m) Conduits or investment vehicles created for the primary purpose of supporting other eligible recipients listed in this section.
Section 13. Affordable Financing.
The term “affordable financing” shall include the following types of finance, all to the extent consistent with the Bank’s authorities in section 3(a) and subject to general banking regulations set by the commissioner:
(a) For all eligible recipients listed in section 12:
(1) The provision of credit and loans, including long-term loans and unsecured loans. The Bank may employ underwriting methods which are flexible in their criteria, terms and uses and shall provide loans at affordable rates;
(2) The provision of letters of credit, guarantees, subordinate loans and other forms of de-risking for the purpose of crowding-in additional financing by non-Bank sources;
(3) The provision of technical assistance;
(b) For the eligible recipients listed in Section 12, subsections (c), (e), (h) and (m), the term “affordable financing” shall additionally include the following:
(1) The provision of equity financing, including preferred stock, common stock, equity equivalent capital and other hybrid instruments;
(2) The provision of grants, donations and contributions, including grants given over a period of years (such as those for technical assistance) to provide predictability for eligible recipients;
(3) The other activities permissible to the Bank under section 3(a).
(c) Nothing in this provision is meant to derogate from the Bank’s powers under section 3(a) to hold assets necessary for its liquidity management.
Section 14. Bank Priorities.
In formulating its Business Plan, the Bank shall give priority to the following considerations:
(a) Supporting eligible recipients subject to the historic and current economic inequities by communities in underserved neighborhoods, including, but not limited to, enterprises established by residents there, as well as eligible recipients working to remedy those inequities;
(b) Supporting eligible recipients subject to the historic and current economic inequities experienced by women throughout the commonwealth; (c) Supporting rural business and farming concerns;
(d) Supporting businesses with compensation structures that provide a livable wage, establish an equitable ratio between the least- and highest-paid members of the business or otherwise demonstrate a commitment to equitable pay.
(e) Supporting entities that address the impacts of climate change and the reduction of greenhouse gases.
(f) Funding the need of cities and towns in the commonwealth to update and build safe and sustainable infrastructure.
(g) The Bank shall seek to complement and support the operation of public and quasi-public agencies, non-profit organizations, Massachusetts banks and community development financial institutions and community development corporations. The Bank shall partner rather than compete with those entities to strengthen them and to expand affordable financing in the commonwealth.
(h) When appropriate, the Bank’s provision of lending and de-risking under section 13(a) shall be conducted through participation lending programs, with these institutions originating and servicing the loans.
(i) The bank shall promote equitable distribution of Bank resources across the commonwealth, including ensuring that rural areas of the commonwealth are given full and fair consideration.
(j) Provided that certain smaller towns in the commonwealth have scant resources for administrative staff, the Bank shall make every effort to make the application process for these towns as simple and affordable as possible.
Section 15. Conflicts of Interests.
(a)The Bank shall not transact with or extend financing to a member of the board of directors, the chief executive officer or an officer of the Bank, including an immediate family member of that person as defined in section 1 of chapter 268A or an entity in which that person has an interest. This prohibition shall remain in effect for 4 years after the conclusion of the term of the board member, chief executive officer or another officer of the Bank.
(b) The Bank shall not transact with or extend financing to a member of the board of advisors, including an immediate family member of that person as defined in section 1 of chapter 268. Nothing in this provision shall prevent the Bank from transacting with or extending financing to an entity with which a member of the board of advisors is associated.
Section 16. Liberal Construction. The provisions of this chapter shall be interpreted and construed liberally in aid of its declared purpose.
SECTION 2. Section 38 of chapter 29 of the General Laws is hereby amended by adding the following subsection:- (j) In the Massachusetts Public Bank established under chapter 10A.
SECTION 3. Notwithstanding any general or special law to the contrary, the capitalization amounts set forth in section 8 of this act shall be available to the Bank by fiscal year 2027, subject to appropriation.
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An Act providing for a medical exemption for manufacturer coupons
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S633
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SD1645
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T15:52:54.487'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T15:52:54.4866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S633/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 633) of Ryan C. Fattman for legislation to provide for a medical exemption for manufacturer coupons. Financial Services.
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Clause (2) of subsection (b) of section 3 of chapter 175H of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 40, after the word "94C" the following words:-
This clause shall not apply to any individual that cannot be medically prescribed the AB rated generic equivalent and can provide proof from their primary care practitioner.
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An Act promoting insurance rate review transparency
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S634
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SD2365
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-20T16:01:30.77'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-20T16:01:30.77'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S634/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 634) of Ryan C. Fattman for legislation to promote insurance rate review transparency. Financial Services.
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Section 117C of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after line 350 the following subsection:-
(16) Notwithstanding any general or special law to the contrary, the commissioner shall (i) provide summaries of rate changes offered in plain language to consumers, (ii) determine a time period in which advanced notice is given to consumers prior to proposed rate changes, and (iii) provide consumers with official comment periods to review and comment on proposed rate changes.
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An Act relative to cognitive rehabilitation for individuals with an acquired brain injury
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S635
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SD706
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-13T13:42:46.983'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-13T13:42:46.9833333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-25T20:48:44.75'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-25T20:48:44.75'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T14:26:27.4866667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-26T14:26:27.4866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-01T21:01:08.4633333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-03T14:36:15.9733333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T22:31:29.09'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T13:55:32.16'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:59:02.4166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-10T14:39:57.81'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T14:39:57.81'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T12:22:33.3566667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-13T12:22:33.3566667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T15:48:46.86'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 635) of Paul R. Feeney, Steven S. Howitt, Hannah Kane, Michael D. Brady and other members of the General Court for legislation relative to cognitive rehabilitation. Financial Services.
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SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition Official Edition, is hereby amended by inserting after section 17R the following section:-
Section 17S. (a) For purposes of this section, the following terms shall have the following meanings:-
“Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen, brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain injury.
“Cognitive communication therapy” treats problems with communication which have an underlying cause in a cognitive deficit rather than a primary language or speech deficit.
“Cognitive rehabilitation therapy (CRT)” is a process of re-learning cognitive skills essential for daily living through the coordinated specialized, integrated therapeutic treatments which are provided in dynamic settings designed for efficient and effective re-learning following damage to brain cells or brain chemistry due to brain injury.
“Community reintegration services” provide incremental guided real-world therapeutic training to develop skills essential for an individual to participate in life: to re-enter employment; to go to school and engage in other productive activity; to safely live independently; and to participate in their community while avoiding re-hospitalization and long-term support needs.
“Functional rehabilitation therapy and remediation” is a structured approach to rehabilitation for brain disorders which emphasizes learning by doing, and focuses re-learning a specific task in a prescribed format, with maximum opportunity for repeated correct practice. Compensatory strategies are developed for those skills which are persistently impaired and individuals are trained on daily implementation. To ensure acquisition and use, focus is set on re-learning those skills essential for safe daily living in the environment in which they will be used: home and community settings.
“Medical necessity” or “medically necessary,” health care services that are consistent with generally accepted principles of professional medical practice.
“Neurobehavioral therapy” is a set of medical and therapeutic assessment and treatments focused on behavioral impairments associated with brain disease or injury and the amelioration of these impairments through the development of pro-social behavior.
“Neurocognitive therapy” is treatment of disorders in which the primary clinical deficit is in cognitive function which has not been present since birth and is a decline from a previously attained level of function.
“Neurofeedback therapy” is a direct training of brain function to enhance self-regulatory capacity or an individual’s ability to exert control over behavior, thoughts and feelings. It is a form of biofeedback whereby a patient can learn to control brain activity that is measured and recorded by an electroencephalogram.
“Neuropsychological testing” is a set of medical and therapeutic assessment and treatments focused on amelioration of cognitive, emotional, psychosocial and behavioral deficits caused by brain injury.
“Psychophysiological testing and treatment” is a set of medical and therapeutic assessment and treatments focused on psychophysiological disorders or physical disorders with psychological overlay.
“Post-acute residential treatment” includes integrated medical and therapeutic services, treatment, education, and skills training within a 24/7 real-world environment of care- a home and community setting. Maximum opportunity to for correct practice of skill in the context of use develops new neural pathways which ensure ongoing skill use and avoidance of re-hospitalization and long-term care.
(b) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for medically necessary treatment related to or as a result of an acquired brain injury. Medically necessary treatment shall include, but is not limited to, cognitive rehabilitation therapy; cognitive communication therapy; neurocognitive therapy and rehabilitation; neurobehavioral, neurophysiological, neuropsychological and psychophysiological testing and treatment; neurofeedback therapy; functional rehabilitation therapy and remediation; community reintegration services; post-acute residential treatment services; inpatient services; outpatient and day treatment services; home and community based treatment. The benefits in this section shall not include any lifetime limitation or unreasonable annual limitation of the number of days or sessions of treatment services. Any limitations shall be separately stated by the commission. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the commission.
(c) The commissioner of insurance shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review for services under this section, in consultation with the Brain Injury Association of Massachusetts.
(d) Individual practitioners and treatment facilities shall be qualified to provide acute care and post-acute care rehabilitation services through possession of the appropriate licenses, accreditation, training and experience deemed customary and routine in the trade practice.
SECTION 2. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 47QQ, the following section:-
Section 47RR. (a) For purposes of this section, the following terms shall have the following meanings:-
“Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen, brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain injury.
“Cognitive communication therapy” treats problems with communication which have an underlying cause in a cognitive deficit rather than a primary language or speech deficit.
“Cognitive rehabilitation therapy (CRT)” is a process of relearning cognitive skills essential for daily living through the coordinated specialized, integrated therapeutic treatments which are provided in dynamic settings designed for efficient and effective re-learning following damage to brain cells or brain chemistry due to brain injury.
“Community reintegration services” provide incremental guided real-world therapeutic training to develop skills essential for an individual to participate in life: to re-enter employment; to go to school and engage in other productive activity; to safely live independently; and to participate in their community while avoiding re-hospitalization and long-term support needs.
“Functional rehabilitation therapy and remediation” is a structured approach to rehabilitation for brain disorders which emphasizes learning by doing, and focuses relearning a specific task in a prescribed format, with maximum opportunity for repeated correct practice. Compensatory strategies are developed for those skills which are persistently impaired and individuals are trained on daily implementation. To ensure acquisition and use, focus is set on re-learning those skills essential for safe daily living in the environment in which they will be used: home and community settings.
“Medical necessity” or “medically necessary,” health care services that are consistent with generally accepted principles of professional medical practice.
“Neurobehavioral therapy” is a set of medical and therapeutic assessment and treatments focused on behavioral impairments associated with brain disease or injury and the amelioration of these impairments through the development of pro-social behavior.
“Neurocognitive therapy” is treatment of disorders in which the primary clinical deficit is in cognitive function which has not been present since birth and is a decline from a previously attained level of function.
“Neurofeedback therapy” is a direct training of brain function to enhance self-regulatory capacity or an individual’s ability to exert control over behavior, thoughts and feelings. It is a form of biofeedback whereby a patient can learn to control brain activity that is measured and recorded by an electroencephalogram.
“Neuropsychological testing” is a set of medical and therapeutic assessment and treatments focused on amelioration of cognitive, emotional, psychosocial and behavioral deficits caused by brain injury.
“Psychophysiological testing and treatment” is a set of medical and therapeutic assessment and treatments focused on psychophysiological disorders or physical disorders with psychological overlay.
“Post-acute residential treatment” includes integrated medical and therapeutic services, treatment, education, and skills training within a 24/7 real-world environment of care - a home and community setting. Maximum opportunity for correct practice of skill in the context of use develops new neural pathways which ensure ongoing skill use and avoidance of re-hospitalization and long-term care.
(b) The following shall provide coverage for medically necessary treatment related to or as a result of an acquired brain injury: (ii)any policy of accident and sickness insurance, as described in section 108, which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder in or outside of the commonwealth; or (iii) any employees’ health and welfare fund which provides hospital expense and surgical expense benefits and which is delivered, issued or renewed to any person or group of persons in the commonwealth. Medically necessary treatment shall include, but is not limited to, cognitive rehabilitation therapy; cognitive communication therapy; neurocognitive therapy and rehabilitation; neurobehavioral, neurophysiological, neuropsychological and psychophysiological testing and treatment; neurofeedback therapy; functional rehabilitation therapy and remediation; community reintegration services; post-acute residential treatment services; inpatient services; outpatient and day treatment services; home and community based treatment. The benefits in this section shall not include any lifetime limitation or unreasonable annual limitation of the number of days or sessions of treatment services. Any limitations shall be separately stated by the insurer. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the insurer.
(c) The commissioner of insurance shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review for services under this section, in consultation with the Brain Injury Association of Massachusetts.
(d) Individual practitioners and treatment facilities shall be qualified to provide acute care and post-acute care rehabilitation services through possession of the appropriate licenses, accreditation, training and experience deemed customary and routine in the trade practice.
SECTION 3. Chapter 176A of the General Law, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 8QQ the following section:-
Section 8RR. (a) For purposes of this section, the following terms shall have the following meanings:-
“Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen, brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain injury.
“Cognitive communication therapy” treats problems with communication which have an underlying cause in a cognitive deficit rather than a primary language or speech deficit.
“Cognitive rehabilitation therapy (CRT)” is a process of re-learning cognitive skills essential for daily living through the coordinated specialized, integrated therapeutic treatments which are provided in dynamic settings designed for efficient and effective re-learning following damage to brain cells or brain chemistry due to brain injury.
“Community reintegration services” provide incremental guided real-world therapeutic training to develop skills essential for an individual to participate in life: to re-enter employment; to go to school and engage in other productive activity; to safely live independently; and to participate in their community while avoiding re-hospitalization and long-term support needs.
“Functional rehabilitation therapy and remediation” is a structured approach to rehabilitation for brain disorders which emphasizes learning by doing, and focuses re-learning a specific task in a prescribed format with maximum opportunity for repeated correct practice. Compensatory strategies are developed for those skills which are persistently impaired and individuals are trained on daily implementation. To ensure acquisition and use, focus is set on re-learning those skills essential for safe daily living in the environment in which they will be used: home and community settings.
“Medical necessity” or “medically necessary,” health care services that are consistent with generally accepted principles of professional medical practice.
“Neurobehavioral therapy” is a set of medical and therapeutic assessment and treatments focused on behavioral impairments associated with brain disease or injury and the amelioration of these impairments through the development of pro-social behavior.
“Neurocognitive therapy” is treatment of disorders in which the primary clinical deficit is in cognitive function which has not been present since birth and is a decline from a previously attained level of function.
“Neurofeedback therapy” is a direct training of brain function to enhance self-regulatory capacity or an individual’s ability to exert control over behavior, thoughts and feelings. It is a form of biofeedback whereby a patient can learn to control brain activity that is measured and recorded by an electroencephalogram.
“Neuropsychological testing” is a set of medical and therapeutic assessment and treatments focused on amelioration of cognitive, emotional, psychosocial and behavioral deficits caused by brain injury.
“Psychophysiological testing and treatment” is a set of medical and therapeutic assessment and treatments focused on psychophysiological disorders or physical disorders with psychological overlay.
“Post-acute residential treatment” includes integrated medical and therapeutic services, treatment, education, and skills training within a 24/7 real-world environment of care- a home and community setting. Maximum opportunity for correct practice of skill in the context of use develops new neural pathways which ensure ongoing skill use and avoidance of re-hospitalization and long-term care.
(b) Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary treatment related to or as a result of an acquired brain injury. Medically necessary treatment shall include, but is not limited to, cognitive rehabilitation therapy; cognitive communication therapy; neurocognitive therapy and rehabilitation; neurobehavioral, neurophysiological, neuropsychological and psychophysiological testing and treatment; neurofeedback therapy; functional rehabilitation therapy and remediation; community reintegration services; post-acute residential treatment services; inpatient services; outpatient and day treatment services; home and community based treatment. The benefits in this section shall not include any lifetime limitation or unreasonable annual limitation of the number of days or sessions of treatment services. Any limitations shall be separately stated by the insurer. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the insurer.
(c) The commissioner of insurance shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review for services under this section, in consultation with the Brain Injury Association of Massachusetts.
(d) Individual practitioners and treatment facilities shall be qualified to provide acute care and post-acute care rehabilitation services through possession of the appropriate licenses, accreditation, training and experience deemed customary and routine in the trade practice.
SECTION 4. Chapter 176B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4QQ the following section:-
Section 4RR. (a) For purposes of this section, the following terms shall have the following meanings:-
“Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen, brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain injury.
“Cognitive communication therapy” treats problems with communication which have an underlying cause in a cognitive deficit rather than a primary language or speech deficit.
“Cognitive rehabilitation therapy (CRT)” is a process of relearning cognitive skills essential for daily living through the coordinated specialized, integrated therapeutic treatments which are provided in dynamic settings designed for efficient and effective re-learning following damage to brain cells or brain chemistry due to brain injury.
“Community reintegration services” provide incremental guided real-world therapeutic training to develop skills essential for an individual to participate in life: to re-enter employment; to go to school and engage in other productive activity; to safely live independently; and to participate in their community while avoiding re-hospitalization and long-term support needs.
“Functional rehabilitation therapy and remediation” is a structured approach to rehabilitation for brain disorders which emphasizes learning by doing, and focuses re-learning a specific task in a prescribed format, with maximum opportunity for repeated correct practice. Compensatory strategies are developed for those skills which are persistently impaired and individuals are trained on daily implementation. To ensure acquisition and use, focus is set on re-learning those skills essential for safe on daily living in the environment in which they will be used: home and community settings.
“Medical necessity” or “medically necessary,” health care services that are consistent with generally accepted principles of professional medical practice.
“Neurobehavioral therapy” is a set of medical and therapeutic assessment and treatments focused on behavioral impairments associated with brain disease or injury and the amelioration of these impairments through the development of pro-social behavior.
“Neurocognitive therapy” is treatment of disorders in which the primary clinical deficit is in cognitive function which has not been present since birth and is a decline from a previously attained level of function.
“Neurofeedback therapy” is a direct training of brain function to enhance self-regulatory capacity or an individual’s ability to exert control over behavior, thoughts and feelings. It is a form of biofeedback whereby a patient can learn to control brain activity that is measured and recorded by an electroencephalogram.
“Neuropsychological testing” is a set of medical and therapeutic assessment and treatments focused on amelioration of cognitive, emotional, psychosocial and behavioral deficits caused by brain injury;
“Psychophysiological testing and treatment” is a set of medical and therapeutic assessment and treatments focused on psychophysiological disorders or physical disorders with psychological overlay.
“Post-acute residential treatment” includes integrated medical and therapeutic services, treatment, education, and skills training within a 24/7 real-world environment of care, – a home and community setting. Maximum opportunity for correct practice of skill in the context of use develops new neural pathways which ensure ongoing skill use and avoidance of re-hospitalization and long-term care.
(b) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary treatment related to or as a result of an acquired brain injury. Medically necessary treatment shall include, but is not limited to, cognitive rehabilitation therapy; cognitive communication therapy; neurocognitive therapy and rehabilitation; neurobehavioral, neurophysiological, neuropsychological and psychophysiological testing and treatment; neurofeedback therapy; functional rehabilitation therapy and remediation; community reintegration services; post-acute residential treatment services; inpatient services; outpatient and day treatment services; home and community based treatment. The benefits in this section shall not include any lifetime limitation or unreasonable annual limitation of the number of days or sessions of treatment services. Any limitations shall be separately stated by the insurer. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the insurer.
(c) The commissioner of insurance shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review for services under this section, in consultation with the Brain Injury Association of Massachusetts.
(d) Individual practitioners and treatment facilities shall be qualified to provide acute care and post-acute care rehabilitation services through possession of the appropriate licenses, accreditation, training and experience deemed customary and routine in the trade practice.
SECTION 5. Chapter 176G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4GG the following section:-
Section 4II. (a) For purposes of this section, the following terms shall have the following meanings:-
“Acquired brain injury (ABI)” is any injury to the brain which occurs after birth and can be caused by infectious diseases, metabolic disorders, endocrine disorders or diminished oxygen, brain tumors, toxins, disease that affects the blood supply to the brain, stroke or a traumatic brain injury.
“Cognitive communication therapy” treats problems with communication which have an underlying cause in a cognitive deficit rather than a primary language or speech deficit.
“Cognitive rehabilitation therapy (CRT)” is a process of relearning cognitive skills essential for daily living through the coordinated specialized, integrated therapeutic treatments which are provided in dynamic settings designed for efficient and effective re-learning following damage to brain cells or brain chemistry due to brain injury.
“Community reintegration services” provide incremental guided real-world therapeutic training to develop skills essential for an individual to participate in life: to re-enter employment; to go to school or engage in other productive activity; to safely live independently; and to participate in their community while avoiding re-hospitalization and long-term support needs.
“Functional rehabilitation therapy and remediation” is a structured approach to rehabilitation for brain disorders which emphasizes learning by doing, and focuses re-learning a specific task in a prescribed format, with maximum opportunity for repeated correct practice. Compensatory strategies are developed for those skills which are persistently impaired and individuals are trained on daily implementation. To ensure acquisition and use, focus is set on re-learning those skills essential for safe daily living in the environment in which they will be used: home and community settings.
“Medical necessity” or “medically necessary,” health care services that are consistent with generally accepted principles of professional medical practice.
“Neurobehavioral therapy” is a set of medical and therapeutic assessment and treatments focused on behavioral impairments associated with brain disease or injury and the amelioration of these impairments through the development of pro-social behavior.
“Neurocognitive therapy” is treatment of disorders in which the primary clinical deficit is in cognitive function which has not been present since birth and is a decline from a previously attained level of function.
“Neurofeedback therapy” is a direct training of brain function to enhance self-regulatory capacity or an individual’s ability to exert control over behavior, thoughts and feelings. It is a form of biofeedback whereby a patient can learn to control brain activity that is measured and recorded by an electroencephalogram.
“Neuropsychological testing” is a set of medical and therapeutic assessment and treatments focused on amelioration of cognitive, emotional, psychosocial and behavioral deficits caused by brain injury.
“Psychophysiological testing and treatment” is a set of medical and therapeutic assessment and treatments focused on psychophysiological disorders or physical disorders with psychological overlay.
“Post-acute residential treatment” includes integrated medical and therapeutic services, treatment, education, and skills training within a 24/7 real-world environment of care– a home and community setting. Maximum opportunity for correct practice of skill in the context of use develops new neural pathways which ensure ongoing skill use and avoidance of re-hospitalization and long-term care.
(b) Any individual or group health maintenance contract shall provide coverage for medically necessary treatment related to or as a result of an acquired brain injury. Medically necessary treatment shall include, but is not limited to, cognitive rehabilitation therapy; cognitive communication therapy; neurocognitive therapy and rehabilitation; neurobehavioral, neurophysiological, neuropsychological and psychophysiological testing and treatment; neurofeedback therapy; functional rehabilitation therapy and remediation; community reintegration services; post-acute residential treatment services; inpatient services; outpatient and day treatment services; home and community based treatment. The benefits in this section shall not include any lifetime limitation or unreasonable annual limitation of the number of days or sessions of treatment services. Any limitations shall be separately stated by the insurer. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the insurer.
(c) The commissioner of insurance shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review for services under this section, in consultation with the Brain Injury Association of Massachusetts.
(d) Individual practitioners and treatment facilities shall be qualified to provide acute care and post-acute care rehabilitation services through possession of the appropriate licenses, accreditation, training and experience deemed customary and routine in the trade practice.
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An Act relative to rehabilitation periods for those in addiction recovery
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S636
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SD707
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:03:08.96'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:03:08.96'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 636) of Paul R. Feeney for legislation relative to rehabilitation periods for recovering substance abusers. Financial Services.
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SECTION 1. Section 9 of chapter 258 of the acts of 2014 is hereby amended by striking out, in line 34, the figure “14” and inserting in place thereof the following figure:- 20
SECTION 2. Section 9 of chapter 258 of the acts of 2014 is hereby amended by inserting after the word “days”, in line 34, the following words:- and will additionally provide a minimum of 20 sessions of structured outpatient addiction programs.
SECTION 3. Section 19 of said chapter 258 is hereby amended by striking out, in line 24, the figure “14” and inserting in place thereof the following figure:- 20
SECTION 4. Section 19 of said chapter 258 is hereby amended by inserting after the word “days”, in line 24, the following words:- and will additionally provide a minimum of 20 sessions of structured outpatient addiction programs.
SECTION 5. Section 21 of said chapter 258 is hereby amended by striking out, in line 35, the figure “14” and inserting in place thereof the following figure:- 20
SECTION 6. Section 21 of said chapter 258 is hereby amended by inserting after the word “days”, in line 35, the following words:- and will additionally provide a minimum of 20 sessions of structured outpatient addiction programs.
SECTION 7. Section 23 of said chapter 258 is hereby amended by striking out, in line 35, the figure “14” and inserting in place thereof the following figure:- 20
SECTION 8. Section 23 of said chapter 258 is hereby amended by inserting after the word “days”, in line 35, the following words:- and will additionally provide a minimum of 20 sessions of structured outpatient addiction programs.
SECTION 9. Section 25 of said chapter 258 is hereby amended by striking, in line 35, out the figure “14” and inserting in place thereof the following figure:- 20
SECTION 10. Section 25 of said chapter 258 is hereby amended by inserting after the word “days”, in line 35, the following words:- and will additionally provide a minimum of 20 sessions of structured outpatient addiction programs.
SECTION 11. Section 27 of said chapter 258 is hereby amended by striking out, in line 32, the figure “14” and inserting in place thereof the following figure:- 20
SECTION 12. Section 27 of said chapter 258 is hereby amended by inserting after the word “days”, in line 32, the following words: and will additionally provide a minimum of 20 sessions of structured outpatient addiction programs.
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An Act relative to group insurance commission procurement
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S637
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SD720
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T11:10:46.27'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T11:10:46.27'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-08T13:55:15.75'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T15:56:38.2066667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T15:56:38.2066667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-10T14:40:20.2'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T12:27:28.4333333'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 637) of Paul R. Feeney, Paul W. Mark, Walter F. Timilty, Michael D. Brady and other members of the Senate for legislation relative to group insurance commission procurement. Financial Services.
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SECTION 1. Paragraph Twenty Sixth (h) of Section 7 of Chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the word "person;" the following words:- except that this subparagraph shall not apply to proposals and bids as described herein as made or received by the group insurance commission.
SECTION 2. Section 7 of Chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 194, after the word "person;" the following words:- except that this subparagraph shall not apply to proposals and bids as described herein as made or received by the group insurance commission.
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An Act limiting out of pocket health expenses
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S638
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SD1128
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:51:08.43'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:51:08.43'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T19:01:23.7233333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-08T13:55:39.3166667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T15:56:56.6766667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-10T14:40:36.0766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T12:28:12.05'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T18:58:33.2866667'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 638) of Paul R. Feeney, Michael J. Barrett, Paul W. Mark, Walter F. Timilty and other members of the Senate for legislation to limit out of pocket health expenses. Financial Services.
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SECTION 1. Section 6 of chapter 32A of the General Laws is hereby amended by inserting after the fourth sentence thereof the following new sentence:-
For active and retired employees, their dependents and the survivors of deceased employees, including municipal subscribers, the maximum amount of deductibles and copayments for covered services during an enrollment year in a plan shall not exceed $2,500 for individual coverage and $5,000 for family coverage.
SECTION 2. Subsection (b) Section 22 of Chapter 32B is hereby amended by striking the first paragraph and inserting the following new paragraph:-
(b) An appropriate public authority may increase the dollar amounts for copayments, deductibles, tiered provider network copayments and other cost-sharing plan design features; provided that, for subscribers enrolled in a non-Medicare plan, such features do not exceed plan design features offered by the commission pursuant to section 4 or 4A of chapter 32A in a non-Medicare plan with the largest subscriber enrollment and, for subscribers enrolled in a Medicare plan under section 18A, such features do not exceed plan design features offered by the commission pursuant to section 4 or 4A of chapter 32A in a Medicare plan with the largest subscriber enrollment; provided that for active and retired employees, their dependents and the survivors of deceased employees the maximum amount of health insurance deductibles and copayments for covered services during an enrollment year in a plan shall not exceed those offered by the commission; provided, however, that the public authority need only satisfy the requirements of subsection (a) of section 21 the first time changes are implemented pursuant to this section; and provided, further that the public authority meet its obligations under subsections (b) to (h), inclusive, of section 21 each time an increase to a plan design feature is proposed.
SECTION 3. Section 9 of Chapter 32A is hereby amended by inserting after the word “credits,”, in line 2, the following words:-
“or excess premium payments made by the Commonwealth and or employees,”
SECTION 4. Section 9 of Chapter 32A is hereby amended by inserting the following new paragraph and the end thereof:-
Any and all excess premium payments made by the Commonwealth and or its employees, shall remain in the trust fund, to be utilized for the purposes of paying the out of pocket costs in excess of the limitations established in Section 6, or reducing the employees share of the annual premium in the event of a deficiency. Premium payments pursuant to this section shall include sums appropriated by the General Court or paid by the insured for self-insured products offered by the group insurance commission.
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An Act relative to motor vehicle service contracts
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S639
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SD1136
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:43:23.567'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:43:23.5666667'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 639) of Paul R. Feeney for legislation relative to motor vehicle service contracts. Financial Services.
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SECTION 1. Section 149M of chapter 175 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “consumer” the following 5 definitions:-
“Consumer product”, any tangible personal property that is distributed in commerce and is normally used for personal, family or household purposes, including tangible personal property intended to be attached to or installed in any real property without regard to whether it is so attached or installed.
“Maintenance agreement”, a contract for regular maintenance.
“Motor vehicle distributor”, any person who is not a motor vehicle manufacturer or a motor vehicle dealer and who sells or distributes new and unused motor vehicles to motor vehicle dealers within the commonwealth or to a wholesaler who in turn sells or distributes such vehicles to motor vehicle dealers within the commonwealth; provided, however, that “motor vehicle distributor” shall include any branch office or division maintained by any corporation, association, partnership or other legal entity for directing and supervising their franchisor representatives.
“Motor vehicle franchisor representative”, a person employed by a motor vehicle manufacturer or distributor to promote the sale of new motor vehicles or for supervising, servicing, instructing or contracting motor vehicle dealers or prospective motor vehicle dealers and any officer, agent or other authorized representative of a manufacturer or distributor.
“Motor vehicle manufacturer”, a person who: (i) manufactures or produces motor vehicles under the person’s own name or label; (ii) is a subsidiary of the person who manufactures or produces motor vehicles; (iii) is a corporation which owns 100 per cent of the corporation, association, partnership or other legal entity who manufactures or produces motor vehicles; or (iv) does not manufacture or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person who manufactures or produces motor vehicles.
SECTION 2. Said section 149M of said chapter 175, as so appearing, is hereby further amended by striking out the definition of “service contract” and inserting in place thereof the following definition:-
“Service contract”, a contract for a separately stated consideration and for a specific duration to perform the service, repair, replacement or maintenance of a consumer product, including a motor vehicle, or indemnification for service, repair, replacement or maintenance for the operational or structural failure due to a defect in materials or workmanship or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, rental and food spoilage; provided, however, that a service contract shall also include a contract or agreement sold for a separately stated consideration for a specific duration that provides for any of the following: (i) the repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs or composite scraps; (ii) the removal of dents, dings or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding or painting; (iii) the repair of small motor vehicle windshield chips or cracks which may include the replacement of the windshield for chips or cracks that cannot be repaired; or (iv) the repair of damage to the interior components of a motor vehicle caused by wear and tear but which shall expressly exclude the replacement of any part or component of a motor vehicle’s interior.
SECTION 3. Section 149N of said chapter 175, as so appearing, is hereby amended by striking out, in line 100, the words “tangible personal property” and inserting in place thereof the following words:- consumer products.
SECTION 4. Section 149U of said chapter 175, as so appearing, is hereby amended by adding the following subsection:-
(c) It shall be an unfair or deceptive act or practice for a motor vehicle manufacturer, distributor or franchisor representative to require, attempt to require, coerce or attempt to coerce a motor vehicle dealer to sell, offer to sell or sell exclusively an extended service contract, extended maintenance plan or similar products, including, but not limited to, guaranteed automobile protection or guaranteed asset protection products, offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative by any of the following means: (i) a statement made by the motor vehicle manufacturer, distributor or franchisor representative that failure to sell, offer to sell or sell exclusively an extended service contract, extended maintenance plan or similar products will substantially and adversely impact the dealer; (ii) a provision in a franchise agreement that the dealer sell or sell exclusively an extended service contract, extended maintenance plan or similar product offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative; (iii) measuring the dealer’s performance under the franchise based on the sale of extended service contracts, extended maintenance plans or similar products offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative; or (iv) requiring the dealer to exclusively promote the sale of extended service contracts, extended maintenance plans or similar products offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative.
Nothing in this subsection shall prohibit a motor vehicle manufacturer, distributor or franchisor representative from providing incentives to a dealer that encourages a voluntary decision to sell or sell exclusively an extended service contract, extended maintenance plan or similar product, including, but not limited to, guaranteed automobile protection or guaranteed asset protection products offered, endorsed or sponsored by the manufacturer, distributor or franchisor.
SECTION 5. Said chapter 175 is hereby amended by striking out section 149V, as so appearing, and inserting in place thereof the following section:-
Section 149V. (a) The following shall be exempt from sections 149M to 149W, inclusive: (i) warranties, service contracts or maintenance agreements provided by public utilities that are regulated by the department of telecommunications and cable or the Federal Communications Commission, or by an affiliate of such entity, covering customer wiring, transmission devices serviced by such public utility or warranting services provided by such public utility or its affiliate; (ii) mechanical breakdown insurance policies offered by insurers otherwise licensed and regulated pursuant to the laws and regulations of the commonwealth; (iii) warranties, service contracts or other agreements regarding automobiles under which a licensed motor vehicle dealer is obligated to perform; (iv) warranties offered by builders as part of a conveyance of real estate; (v) warranties on a product made by the manufacturer, importer or seller of the product; and (vi) maintenance agreements.
(b) Motor vehicle manufacturer’s service contracts on the motor vehicle manufacturer’s products shall comply with sections 149M to 149W, inclusive, as applicable to be determined by the commissioner of insurance; provided, however, that motor vehicle manufacturer’s service contracts on the motor vehicle manufacturer’s products shall be exempt from licensure requirements under subsection (d) of section 149N.
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An Act to support families
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S64
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SD293
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:08:12.59'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:08:12.59'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-15T09:54:01.35'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 64) of Joanne M. Comerford and Jason M. Lewis for legislation to support families. Children, Families and Persons with Disabilities.
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SECTION 1. The first paragraph of subsection (a) of section 51A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 6, the words:- ; (iii) physical dependence upon an addictive drug at birth.
SECTION 2. Said section 51A of said chapter 119, as so appearing, is hereby further amended by inserting after subsection (a) the following subsection:-
(a½) Separate from the reporting requirements under subsection (a), health care providers involved in the delivery or care of infants affected by in-utero substance exposure or a fetal alcohol spectrum disorder, shall notify the department of such condition in such infants as required under 42 U.S.C. § 1506a(b)(2)(B)(ii). Such notification shall not include the names or identifying information of the parents or the infant, shall not constitute a report that any parent has abused or neglected a child, and shall not trigger or require prosecution for any illegal action.
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An Act relative to insurance companies
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S640
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SD1679
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:44:12.73'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:44:12.73'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T19:07:13.9933333'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 640) of Paul R. Feeney and Tackey Chan for legislation relative to insurance companies. Financial Services.
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Paragraph 14G of section 63 of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended striking out clauses (2) and (3) and inserting in place thereof the following 3 clauses:-
(2) initially rated NAIC 1 or NAIC 2 subsequent to such acquisition, either by the NAIC-SVO or by the insurer pursuant to a filing exemption in accordance with the requirements of the NAIC-SVO;
(3) are provisionally rated NAIC 1Z or NAIC 2Z by the insurer in accordance with the requirements of the NAIC-SVO. In the event that the provisionally rated bonds, notes, evidences of indebtedness or contractual obligations for the payment of money or the long-term debt of the institution or institutions issuing, assuming or guaranteeing the bonds, notes, evidences of indebtedness or contractual obligations for the payment of money subsequently fail to qualify under clause (1) or clause (2) after any appeal by the insurer within the applicable time periods specified by the NAIC-SVO, then the bonds, notes, evidences of indebtedness or contractual obligations for the payment of money shall no longer qualify as permitted investments under this paragraph; but no company may invest more than an aggregate of 2 per cent of its admitted assets in bonds, notes, evidences of indebtedness or contractual obligations for the payment of money issued, guaranteed or insured by any one institution pursuant to this paragraph; or
(4) are of an exchange-traded fund registered pursuant to the Investment Company Act of 1940 provided that the criteria set forth in subclauses (a) to (d), inclusive, below are satisfied:
(a) the exchange-traded fund is solvent and reported at least $100 million of net assets in the exchange-traded fund’s latest annual or more recent certified audited financial statement;
(b) the exchange-traded fund operates as a corporation, trust, or substantially similar legal structure registered with the Securities and Exchange Commission pursuant to the Investment Company Act of 1940 and its offered shares are registered under the Securities Act of 1933. Each exchange-traded fund shall be treated as the issuer of the securities issued by the fund for purposes of this paragraph.
(c) the NAIC-SVO has designated the exchange-traded fund as meeting the criteria to be placed on the list promulgated by the NAIC-SVO of exchange-traded funds eligible for reporting as a long-term bond in the purposes and procedures manual of the NAIC-SVO or successor publication; and
(d) the amount of the insurance company’s investment in the exchange-traded fund does not exceed 15 per cent of the insurance company’s capital and surplus.
The provisions of subclause (c) do not authorize an insurance company to invest in bond exchange-traded funds that has embedded structural features designed to deliver performance that does not track the full unlevered and positive return of the underlying index or exposure, including a leverage or inverse exchange-traded fund.
An insurer may deposit with the department shares of a bond exchange-traded fund described by clause (4) as a statutory deposit if state law requires a statutory deposit from the insurer.
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An Act relative to certain loans by the federal home loan bank
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S641
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SD1681
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T16:06:05.25'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T16:06:05.25'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 641) of Paul R. Feeney for legislation relative to certain loans by the federal home loan bank. Financial Services.
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SECTION 1. Section 19G of Chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking all references therein to “180A to 180L, inclusive” and replacing such references with “180A to 180L3/4, inclusive”.
SECTION 2. Section 19K of Chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking all references therein to “180A to 180L, inclusive” and replacing such reference with “180A to 180L3/4, inclusive”.
SECTION 3. Section 180A of Chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking all references therein to “180A to 180L1/2, inclusive” and replacing such references with “180A to 180L3/4, inclusive”.
SECTION 4. Section 180A of Chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following definition:
“Federal Home Loan Bank”, an institution chartered under the "Federal Home Loan Bank Act of 1932," 12 U.S.C. 1421, et seq..
SECTION 5. Chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 180 L1/2, the following new section:-
Section 180L3/4. (a) Notwithstanding any other provision of sections 180A to 180L3/4, inclusive, no person, for more than ten days shall be stayed, enjoined or prohibited from exercising or enforcing any right or cause of action under any pledge, security, credit, collateral, loan, advances, reimbursement or guarantee agreement or arrangement or any similar agreement, arrangement or other credit enhancement to which a federal home loan bank is a party.
(b) Notwithstanding any other provision of sections 180A to 180L3/4, inclusive, no receiver, rehabilitator, liquidator, or any other person shall avoid any transfer of, or any obligation to transfer, money or any other property arising under or in connection with any pledge, security, credit, collateral, loan, advances, reimbursement or guarantee agreement or arrangement or any similar agreement, arrangement or other credit enhancement to which a federal home loan bank, is a party, that is made, incurred or assumed before or after the commencement of a delinquency proceeding under this chapter; provided, however, that a transfer may be avoided under chapter 109A if the transfer was made with actual intent to hinder, delay or defraud the insurer, a receiver appointed for the insurer, or existing or future creditors.
(c) A federal home loan bank exercising its rights regarding collateral pledged by an insurer-member shall, within seven days of receiving a redemption request made by the insurer-member, repurchase any of the insurer-member's outstanding capital stock in excess of the amount the insurer-member must hold as a minimum investment. The federal home loan bank shall repurchase the excess outstanding capital stock only to the extent that it determines in good faith that the repurchase is both of the following:
(1) Permissible under federal laws and regulations and the federal home loan bank's capital plan;
(2) Consistent with the capital stock practices currently applicable to the federal home loan bank's entire membership.
(d) (1) Not later than ten days after the date of appointment of a receiver, rehabilitator, or liquidator in a proceeding under section 180A to 180L3/4 involving an insurer-member of a federal home loan bank, the federal home loan bank shall provide to the receiver, rehabilitator, or liquidator a process and timeline for the following:
(i) The release of any collateral held by the federal home loan bank that exceeds the amount that is required to support the secured obligations of the insurer-member and that is remaining after any repayment of loans, as determined under the applicable agreements between the federal home loan bank and the insurer-member;
(ii) The release of any collateral of the insurer-member remaining in the federal home loan bank's possession following repayment in full of all outstanding secured obligations of the insurer-member;
(iii) The payment of fees owed by the insurer-member and the operation, maintenance, closure, or disposition of deposits and other accounts of the insurer-member, as mutually agreed upon by the receiver, rehabilitator, or liquidator and the federal home loan bank;
(iv) Any redemption or repurchase of federal home loan bank stock or excess stock of any class that the insurer-member is required to own under agreements between the federal home loan bank and the insurer-member.
(2) Upon the request of a receiver, rehabilitator, or liquidator appointed in a proceeding under sections 180A to 180L3/4 involving a federal home loan bank insurer-member, the federal home loan bank shall provide to the receiver, rehabilitator, or liquidator any available options for the insurer-member to renew or restructure a loan. In determining which options are available, the federal home loan bank may consider market conditions, the terms of any loans outstanding to the insurer-member, the applicable policies of the federal home loan bank, and the federal laws and regulations applicable to federal home loan banks.
(e) As used in this section, "insurer-member" means a member of the federal home loan bank in question that is an insurer.
SECTION 6. Section 20 of Chapter 176G of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking all references therein to “180A to 180L, inclusive” and replacing such references with “180A to 180L3/4, inclusive”.
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