State Senate Passes Transformational Bill to Expand Access to High-Quality, Affordable Early Education and Childcare

(BOSTON–07/07/2022) Today, the Massachusetts State Senate unanimously passed S.2973 An Act to expand access to high-quality, affordable early education and care. This bipartisan legislation will transform early education and childcare in the Commonwealth by making it more accessible and affordable for families, providing high-quality care for young children, strengthening early education providers, improving compensation and professional development for the early education workforce, and addressing the workforce needs of Massachusetts employers. The bill draws from the recommendations made by the Special Legislative Early Education and Care Economic Review Commission, which was created by the legislature in 2020 and issued its final report in March 2022.

“When we invest in early education and childcare, we’re making a down payment on our future,” Senator Michael Moore (D-Millbury) said. “It’s no secret that our early education system is broken – for far too many families, high quality early education remains out of reach, while at the same time providers are struggling to make ends meet. This legislation takes sorely needed steps toward improving affordability for families, improving compensation for educators, and ensuring stability for providers. With the passage of this legislation, Massachusetts is re-committing to providing our children with the high-quality education and resources they need to become the leaders of tomorrow.”

High-quality early education helps young children to develop stronger communication, social, and cognitive skills. Investments in early education have been shown to yield considerable long-term benefits, such as higher academic achievement and greater lifetime earnings. Many families in Massachusetts, however, lack access to high-quality, affordable early education. This impacts the ability of parents, especially working mothers, to enter or remain in the workforce. The financial strain of childcare on families is a contributing factor to workforce shortages and threatens to hamper the state’s economic recovery.

Senator Moore, with the support of his colleagues, passed three amendments to this bill focused on expanding the program’s educational component and to close potential gaps in funding:

Trauma Informed Care

An emerging qualification, trauma informed care is a method of more effectively teaching young children affected by trauma by reaching a deeper level of understanding for their circumstances and learning styles. This amendment adds trauma informed care to the list of services for families with additional needs that will be included in a cost study by EEC.

Scholarships for Credentials and Certificates

Adds that scholarship funding can be used to obtain a credential or certificate in early education in addition to an associate degree. Allows scholarships to be spent at any accredited higher education institution, rather than strictly community colleges. Clarifies that Department of Higher Education remains the entity that administers scholarships, though it must be in collaboration with EEC.

Subsidized Early Education Programs

Changes bill language to ensure the rate structure for voucher and contracted payments are adequate to cover the costs associated with subsidized early education programs and services.

The Senate bill would improve access to high-quality and affordable care for Massachusetts families in several ways. The bill would:

·       Increase subsidy eligibility over time from the current level of 50% of state median income ($65,626 annual household income for a family of four) to 125% of state median income ($164,065 annual household income for a family of four)

·       Make it easier for subsidized providers to offer scholarships or discounted tuition for their private pay families

·       Require the Department of Early Education and Care (EEC) to evaluate and eliminate barriers to subsidy access for families on an annual basis

·       Require parent fees for subsidized families to be affordable and updated at least every five years

·       Require EEC to assess the extent of the current supply of licensed childcare availability across the state and the unmet needs of families

“The Common Start Coalition, made up of more than 150 organizations and thousands of parents, providers, and early educators working together to make high-quality early education and childcare affordable and accessible to all Massachusetts families, is thrilled by the Senate's passage of An Act to Expand Access to High-Quality, Affordable Early Education and Care. This legislation represents a substantial step toward implementing our full vision and tackling the ongoing multifaceted childcare crisis,” said Deb Fastino, Statewide Director of the Common Start Coalition and Executive Director of the Coalition for Social Justice. “This legislation will aid educators who are working for inadequate pay, families who are struggling to afford childcare, and providers who are working hard to keep their doors open and their programs fully staffed. We are grateful for the leadership of Education Committee Chairman Jason Lewis, Senate Ways and Means Committee Chairman Michael Rodrigues and Senate President Karen Spilka, and look forward to working with Chairwoman Peisch and House leadership to get comprehensive childcare legislation across the finish line and deliver the help that parents, educators, providers, and children desperately need.”

“Due to the Legislature’s extraordinary leadership, this session, already immensely productive, is poised to be truly historic for early care and education, an issue of vital importance to the success of Massachusetts children, families, communities, workers, and the economy. Acting with great urgency and vision, the Legislature is advancing key provisions of the EEC Economic Review Commission’s blueprint for early care and education, generated by the tremendous leadership of its chairpersons, Senator Jason Lewis and Representative Alice Peisch, through the state budget and legislation that would improve the lives of Massachusetts families now and for generations to come.  The Massachusetts Business Coalition for Early Childhood Education is deeply grateful for the Legislature’s unprecedented action, which is driving progress toward a stronger and more equitable economy through the provision of affordable, accessible, high-quality early care and education” said Tom Weber, Executive Director, Massachusetts Business Coalition for Early Childhood Education.

Even though childcare is expensive for families in Massachusetts, early education and childcare providers are themselves in crisis. Given the low wages and poor benefits that providers can afford to pay their staff, providers face chronic challenges with attracting and retaining early educators, almost all of whom are women and many of whom are women of color. Federal pandemic relief funding has been a lifeline for the early education and care sector, but these funds are one-time.

This Senate legislation will help stabilize providers, improve program quality, and expand capacity in several ways. The bill:

·       Makes permanent the operational grants to providers that were first distributed during the pandemic and requires that a provider must be willing to enroll subsidized children in order to qualify for a grant

·       Requires EEC to use an actual cost-of-quality-care methodology for setting subsidy reimbursement rates and calculating operational grants

·       Requires EEC to reimburse subsidized providers based on quarterly enrollment rather than daily attendance of children

·       Takes steps to strengthen the recruitment and pipeline of early educators

“We applaud the Massachusetts Senate for its passage of this bill, which addresses access, affordability, and workforce challenges in Massachusetts' early education and care sector and, importantly, makes permanent the direct-to-provider grants first made possible by the state's Commonwealth Cares for Children Stabilization Grant Program,” said Lauren Kennedy, co-president of Neighborhood Villages. "Now, more than ever, families across our state are in desperate need of affordable care solutions that enable them to go to work and provide their children a high-quality early education that will set them up to thrive. Neighborhood Villages commends the leadership of the Joint Committee on Education and looks forward to partnering with the Massachusetts Legislature to advance this critical bill, and, together, to continue to work towards a Commonwealth in which all families have access to high-quality, affordable early education and care.”

Early educators with bachelor’s degrees earn far less than their counterparts who teach in public elementary schools, and one in six early educators lives in poverty.

To improve compensation, benefits, and professional development opportunities for the early educator workforce, this legislation:

·       Requires EEC to develop a career ladder that links educational attainment and work experience to compensation and benefits and recommends that compensation levels be commensurate with public school teachers who are similarly credentialed

·       Establishes early educator scholarship and loan forgiveness programs to provide greater access to higher education and professional development opportunities

·       Enables subsidized providers to offer free or discounted seats for the children of their own staff

Other provisions would further improve and strengthen early education and childcare in Massachusetts. The bill:

·       Creates a commission to study and recommend to the legislature ways that employers could provide more support to their workers to help meet their early education and childcare needs

·       Requires EEC to report to the legislature on ways to expand successful local partnerships, such as the Commonwealth Preschool Partnership Initiative (CPPI)

·       Requires EEC and the Children’s Investment Fund to report to the legislature on ways to improve and expand the impact of the Early Education and Out of School Time (EEOST) Capital Fund for making improvements to early education facilities

·       Requires EEC to create a plan to pilot and scale shared service models that can improve the efficient delivery of high-quality care

·       Creates a data advisory commission to work with EEC on expanded data collection and reporting, and the improved use of data to inform the cost and quality of care

“Beyond expanding high quality affordable early education and care for families in the Commonwealth, this act will trigger a much-needed transformation in our early education and care system by removing long standing barriers for our most vulnerable families, collecting the information necessary to ensure an equitable system, improving work conditions and recognition for early education professionals, and streamlining the delivery process for both families and service providers. This will result in immediate benefits for families, and long term, will impact the stability of the early education field, which in turn supports economic stability in our communities and improved outcomes for the children able to access high quality services” said Maria Gonzalez Moeller, The Community Group.

Having passed the Senate, An Act to expand access to high-quality, affordable early education and care now moves to the House of Representatives for further consideration.

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Senate Passes Juvenile Court and Civil Asset Forfeiture Legislation

(BOSTON – 06/30/2022) The Massachusetts State Senate this week passed three bills which reform various aspects of the criminal legal system to create fairer processes and encourage rehabilitation. Two of the bills, S.2942 An Act promoting diversion of juveniles to community supervision and services and S.2943 An Act updating bail procedures for justice involved youth would address how criminal courts divert convicted youth from jail and improve processes which allow certain youth to stay out of jail while their cases are pending. A third bill, S.2944 An Act relative to forfeiture reform, would raise the burden of proof required for civil asset forfeiture, which allows law enforcement to seize items alleged to have been connected to a crime.

“Our criminal justice system is far from perfect – too often people are treated differently due to the color of their skin, their social class, or their economic status,” Senator Michael Moore (D-Millbury) said. “These bills, reforming three key aspects of our system, are critical to moving us closer to a justice system that is more equitable and just for the citizens of Massachusetts. I’m proud to have supported their passage.”

Juvenile Criminal Legal Reform

Massachusetts residents aged 12 to18 who are accused of breaking the law are subject to the decisions of the juvenile criminal legal system. In 2018, the Senate championed judicial pre-arraignment diversion, which allows cases to be diverted from the criminal courts to community service, resolving cases without a criminal record. This has resulted in fewer juvenile criminal records overall, particularly for possession of alcohol or disorderly conduct charges. There remain only a few offenses for which a teenager can be sent to community services, however, and Black and Latino youth remain over-represented in the juvenile criminal legal system and more likely to receive harsher punishments than white juveniles.

A large body of research suggests that diversion programs are more likely to help a convicted individual reintegrate with society and lead to lower rates of future offenses. Senate Bill 2942, An Act promoting diversion of juveniles to community supervision and services, expands the list of offenses for which juvenile courts may divert accused juveniles from prison to community service. A given individual’s eligibility for diversion would be determined on a case-by-case basis at the discretion of the presiding judge of the juvenile court.

An additional bill focusing on reforms to the juvenile criminal legal system, Senate Bill 2943, An Act updating bail procedures for justice involved youth, overhauls bail requirements for juveniles in the Commonwealth. The bill waives the $40 bail fee for juveniles and allows courts to accept a promise from a juvenile’s parents that the child will return to court as an alternative to bail, subject to the discretion of courtroom administrators. Under the bill, the Commonwealth would cover any costs that result from bail not being taken. Bail is currently administered inconsistently across Massachusetts, sometimes by police themselves. This bill clarifies that the bail magistrate, a neutral party, would have the sole authority to make a bail determination.

This Senate bill also modernizes how bail is administered by allowing bail to be paid virtually or through a mobile payment system, and oaths or affirmations necessary for bail to be made by telephone, video conferencing, or other virtual methods as needed. The bill ensures that bail magistrates are notified of a juvenile’s arrest even if the court with jurisdiction over the offense is not currently in session, preventing a juvenile from being kept in detention unnecessarily.

Civil Asset Forfeiture Reform

Civil asset forfeiture allows law enforcement and prosecutors to seize property which is alleged to have been involved in a crime. Under current Massachusetts law, individuals who believe that their possessions were wrongly forfeited are required to demonstrate that these items were not involved in a crime or otherwise do not meet the standard required for forfeiture. This puts the burden of proof on the accused, rather than on law enforcement or prosecutors, making it difficult and time-consuming to repossess forfeited items.

Senate Bill 2944, An Act relative to forfeiture reform, rectifies this by requiring that law enforcement or prosecutors prove, by a preponderance of the evidence, that property seized is in fact subject to civil asset forfeiture under Massachusetts law. Forfeiture hearings would include accused individuals’ legal counsel. The bill also allows forfeiture hearings to be delayed until after the outcome of any related criminal trial, so that if the accused is found to be innocent, seized assets would be returned without delay. This Senate bill also limits the value of items taken in civil asset forfeiture to $250 or less.

Having been passed in the Senate, the three bills will now go to House of Representatives for further consideration.

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Senate Passes Important Legislation to Increase Access to HIV Prevention Medication

(BOSTON – 06/30/2022) The Massachusetts State Senate on Thursday passed legislation which would increase access to the life-saving HIV prevention medication pre-exposure prophylaxis, commonly known as PrEP, by allowing pharmacists to prescribe it to patients on a short-term basis. This important bill, which was passed on the last day of Pride Month, will support the Commonwealth’s efforts to prevent the transmission of HIV, which continues to disproportionately affect members of the LGBTQIA+ community, people of color, and low-income individuals.

“Since it was first developed, PrEP has been a paradigm shift when it comes to HIV prevention – reducing the risk of transmission by 99%,” Senator Michael Moore (D-Millbury) said. “This bill will allow our healthcare system to reach so many more people, especially members of the LGBTQ+ community, communities of color, and low-income communities, which have long been disproportionately affected by HIV/AIDS. I’m proud of the Senate’s efforts to further prevent the spread of HIV, and I applaud Senator Cyr for leading on this important issue.”

According to the CDC, PrEP reduces the risk of getting HIV from sex or injection drug use by about 99 percent when taken as prescribed and does not have serious side effects. Despite the availability of this highly effective HIV prevention medication, the CDC reports that only around 25 per cent of the individuals who are recommended to take PrEP currently do so.

Currently, Massachusetts residents must receive a doctor’s prescription to obtain PrEP. By allowing PrEP to be prescribed by a pharmacist, individuals who are at heightened risk of HIV transmission will be able to more easily and more quickly obtain this life-saving medication. Under the bill, pharmacists would be allowed to dispense up to 60-day supplies of PrEP to individual patients. The bill requires that pharmacists who prescribe PrEP work with the patient’s primary care provider to ensure that the patient receives ongoing support.

This bill aligns Massachusetts with nine other states that have already empowered pharmacists to prescribe PrEP. Peer-reviewed academic studies have recommended the adoption of this policy, and in Massachusetts this proposal has been championed by providers that serve the LGBTQIA+ population.

While new HIV cases have declined considerably in Massachusetts, there continue to be hundreds of new cases each year. According to statistics collected by the Massachusetts Department of Public Health (DPH), in 2019 a total of 591 Massachusetts residents were diagnosed with a new HIV infection. As of that year, DPH reported that a total of 23,291 Massachusetts residents were living with HIV.

Having passed the Senate, the bill now goes to the House of Representatives for further consideration.

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Senate Passes Legislation for Children and Families

(BOSTON – 06/30/2022) The Massachusetts State Senate on Thursday passed legislation to ensure stability and oversight of care for the more than 3,000 Massachusetts children involved with the Department of Children and Families (DCF), as well as to ensure protection of the rights of foster parents.

Following the revelation that DCF failed to act on leads which might have prevented the abuse and tragic death of 14-year-old David Almond, S.2953 An Act relative to accountability for vulnerable children and families creates additional safeguards and clarifies requirements for DCF-involved children and families. To ensure that foster parents’ rights are respected in all interactions between a family and the Commonwealth, S.2954 An Act establishing a foster parents’ bill of rights seeks to codify the fundamental rights of foster parents.

“I have long made the health, safety, and wellbeing of children and families a cornerstone of my work here at the Massachusetts State House. I was heartbroken when I heard about what happened to David Almond,” Senator Michael Moore (D-Millbury) said. “This set of bills are designed to address some of the gaps in our child welfare system that can lead to tragedy, while at the same time protecting and supporting the Bay State’s foster parents by enshrining a clear Foster Parents’ Bill of Rights into law. While this legislation alone will not make our child welfare system perfect, it is an excellent step in the right direction.”

Safeguards for DCF-Involved Youth

S.2953 An Act relative to accountability for vulnerable children and families updates and consolidates the reporting requirements of the Department of Children and Families (DCF). In the event of an emergency change in a child’s placement, DCF would be required to notify the child’s attorney within a single day of the change; in a non-emergency change in placement, DCF would be required to notify the child’s attorney within five days. The bill seeks to address problems which arose during the beginning stages of the COVID-19 pandemic, and which may have contributed to lapses in oversight during that time, by requiring DCF to regularly report on the impact of a state of emergency on DCF operations.

Furthermore, the bill tasks DCF with establishing a standard protocol to use when making decisions about a child’s placement which could result in the removal a child from their parent or reunification of them with their family. By establishing a standard protocol, DCF would ensure that decisions are made in an effective manner to prioritize the safety and long-term well-being of the children of the Commonwealth.

Steps to increase transparency and publicly available information are included. Under the bill, DCF would add information to their website, including quarterly data on consumer accounts, case counts, demographic information and placement counts. The bill  requires DCF to identify and report on potential improvements to the process of transferring cases which involve multiple social workers or area offices, and to annually report on services provided to young adults who have aged out of the foster care system. Furthermore, the bill would ensure that public comment is solicited on DCF’s annual report.

In addition to the immediate safeguards put in place to protect the wellbeing of children and families, this legislation would also begin a five year-long process in which DCF would partner with the legislature to establish additional safety mechanisms.

Foster Parents’ Bill of Rights 

S.2954 An Act establishing a foster parents’ bill of rights, codifies Massachusetts foster parents’ rights to: be provided with training to be a foster parent; be provided with information about the child to be placed in their home; have reasonable access to a social worker and family resource worker; be notified of meetings and court hearings for one’s foster child; and have the opportunity to communicate with professionals who work with the child.

It also codifies the rights to: be permitted to make routine decisions about the foster child’s activities; be updated on relevant changes in policies, procedures and law; be given the action plan for the child in their home; be informed about payment and available financial supports; have the right to request removal of a child from their home; be notified when a child is to be removed from their home; be provided with their record, including grievances and hearing requests; and not be discriminated against.

Though many of these rights are already observed in a majority of cases or are required elsewhere in Massachusetts law, by recognizing these as positive rights possessed by individual foster parents, rather than mere obligations for state agencies to uphold, the bill would ensure that these standards are followed without exception in interactions between the Commonwealth and foster parents. A copy of this bill of rights would be provided to foster parents.

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Senate Passes Legislation Repealing Archaic Laws

(BOSTON – 06/30/2022) Today, the Massachusetts State Senate passed a bill that would repeal archaic laws that intrude on an individual’s privacy regarding sexual activity. An Act relative to archaic laws was developed by Senator Will Brownsberger and Senators Harriette Chandler, Julian Cyr, Cindy Creem, and Jamie Eldridge, and Representative Jay Livingstone.

The bill would remove existing statutes that criminalize sodomy and so-called ‘unnatural’ acts between consenting adults. The passage of this bill comes on the last day of Pride Month and follows the concurring opinion of Supreme Court Justice Clarence Thomas in the Dobbs v. Jackson decision in which Justice Thomas suggested that the Court could revisit case law banning the criminal prosecution of sodomy. In addition, the bill would continue the process of modernizing the Commonwealth’s laws by establishing a permanent law revision commission with the power to recommend laws for repeal to the legislature.

“Massachusetts has countless outdated and offensive laws still on our books, most notably laws targeting the LGBTQ+ community. While the vast majority of these laws are no longer enforced or have been superseded by other legislation, that is not a good reason to leave them in the Massachusetts General Law,” said Senator Michael Moore (D-Millbury). “I proud of the Senate’s efforts to pass this legislation because, to live up to the Commonwealth’s promise of equal rights and equal justice under law, we must strip our legal code of language that does not reflect that promise.”

“The Senate took a decisive vote today to remove archaic laws that are harmful to our residents,” said Senate President Karen E. Spilka (D-Ashland). “Senator Brownsberger has done tremendous, time-consuming work to ensure that our laws reflect the values of Massachusetts as we live them today. The Senate will always stand with our LGBTQIA+ neighbors, and I thank Senator Brownsberger and my colleagues in the Senate for ensuring that we have a mechanism for removing laws that are no longer acceptable or relevant.”

“Today my Senate colleagues and I took a stand to repeal outdated and archaic laws that have no place in our Commonwealth,” said Senator Joan B. Lovely (D-Salem), Chair of the Senate Rule Committee. “Relationships between consenting adults are some of the most private and intimate parts of our lives, and government does not and should not be able to criminalize those relationships. We must continue to protect our LGBTQIA+ residents and ensure that their liberties and freedoms are safe and secure. Thank you, Senate President Spilka, Senator Brownsberger, and Senator Cyr, for your leadership and for helping maintain the Commonwealth's status as a safe, welcoming state for our LGBTQIA+ communities.”

“In my America, there is a personal space the government has no business in. These laws intrude into people’s personal space and they shouldn’t be on the books. The Supreme Court, for a while, has agreed with that. But lately, we are not sure where they are going,” said Senator Will Brownsberger (D-Belmont). “The repeal is long overdue but especially timely given last week’s Supreme Court decision. I appreciate the collaboration on this effort.”

“I am happy that the Senate has passed this legislation and believe it is very timely and necessary in light of recent national news,” said Senate Majority Leader Cindy Creem (D-Newton). “We should not keep laws on our books that are outdated or in some cases unconstitutional.  They serve no true public safety purpose and by repealing or amending them we remove not only the stigma of unlawfulness on otherwise consensual activities, but also the threat of their selective enforcement.”

"As the Senate chair of the Joint Committee on Judiciary, I was proud to report out favorably An Act relative to archaic laws,” said Senator Jamie Eldridge (D-Action). “At a time when conservative Supreme Court Justices are invoking discriminatory eighteenth-century laws, we want to make sure there are no laws in Massachusetts that invoke hateful treatment of the LBGTQ community or Puritan attitudes towards sex. I'm also grateful that this legislation will repeal the common night walking statute, which has led to the mistreatment of many trans residents."

“It is undeniable that when it comes to human rights, we cannot rest on our assumptions at this moment in history,” said Senator Julian Cyr (D-Truro). “First and foremost, the government has no business in people’s sex lives. Furthermore, in a Commonwealth that prides itself on our social progressiveness, inclusivity, and equality, our laws must reflect these vital ideals. By removing harmful, homophobic, and transphobic language from our statutes we are taking a well overdue step to ensure the letter of the law promotes equity and justice for the most vulnerable members of our population.”

“I am glad to work with Senator Brownsberger to amend and eliminate centuries-old statutes that criminalize marginalized people,” said Senator Harriette L. Chandler (D-Worcester). “This legislation borrows elements of a bill I filed to eliminate prohibitions on common night walking—a prohibition used to arrest and prosecute survivors of sex trafficking. This is a step to help survivors access critical resources that they need to thrive.”

The bill now moves to the Massachusetts House of Representatives where it awaits further action.

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Senate Passes General Government Bond Bill

(BOSTON – 06/16/2022) The Massachusetts State Senate on Thursday passed a $5.07 billion general government bond bill to authorize funds for construction projects related to health care, higher education, information technology, workforce development, the environment, affordable housing, and more. The bill also includes a moratorium on the construction of new prisons in Massachusetts. 

“This legislation takes the first steps in the process of authorizing the Governor to appropriate funding directly to towns and cities for critical infrastructure projects,” Senator Michael Moore (D-Millbury) said. “I am proud to announce that, on top of the enormous investments in buildings, infrastructure, and cybersecurity already included in the bill, I was able to pass amendments for projects in three towns in the Second Worcester District.”

The projects authorized for funding in the bond bill by Senator Moore’s amendments are:

Worcester – $1 million to contribute toward modernizing and installing door access controls in government owned buildings to improve security

Shrewsbury – $1 million to contribute toward expanding the town cemetery

Auburn – $500,000 to contribute toward replacing generators at the town’s 5 largest pump stations

The bill would provide funding for construction costs related to a wide variety of public facilities— including state universities and community colleges, hospitals and courts. Funding in this legislation includes:

·       $820 million for the Executive Office of Health and Human Services to acquire, maintain and repair Commonwealth owned health care facilities

·       $750 million for improvements and repairs at state institutions of higher education

·       $675 million for improvements to court facilities

·       $530 million for additional safety improvements, maintenance and repairs by the Executive Office of Public Safety and Security, to state institutions, including Bridgewater State Hospital

·       $100 million in grants to support municipalities in addressing local construction needs

Additionally, the bill allocates $975 million for general state agency facility acquisition, maintenance and repair.

The general government bond bill also includes funding to address the uneven impact of climate change on Massachusetts communities, with $400 million being allocated to projects to decarbonize and reduce the environmental impact of state-owned facilities. Furthermore, the bill includes $64 million for the Water Pollution Abatement Revolving fund, which provides local governments and utilities with grants to build or replace water infrastructure and ensure safe and renewable sources of drinking water.

The bill includes grants to address needs related to workforce development and technical expertise for start-ups. In light of the need for Massachusetts to maintain a robust workforce prepared to meet the needs of a variety of cutting-edge industries, the general government bond bill allocates $100 million for career technical skills and capital grants. The bill also includes $16.1 million for grants to innovative early-stage entrepreneurs through the Massachusetts Technology Development Corporation.

Housing-related items in the bill include $60 million for the Housing Stabilization and Investment Trust Fund, which supports affordable rental housing production and rehabilitation, and $25 million for grants to support cities and towns that are producing new housing.

Additional funding in the bill includes:

·       $100 million to update information technology used by state agencies, including investments to support the educational workforce and to modernize the state’s unemployment system

·       $51 million for the Food Security program, to fight food insecurity

·       $50 million for the Massachusetts Cultural Facilities Fund, to support cultural institutions throughout the Commonwealth

·       $20 million to support cities and towns offering hybrid meetings through technology investment grants

A total of $98.9 million was added to the bill during course of debate.

Notably, the bill also includes a five-year moratorium on the construction of new prison facilities in Massachusetts. During this time, the state would not plan or construct new prisons, and active prisons would not be expanded and could only be renovated in such a way that does not increase the state’s overall prison capacity. Records of inmate populations have shown that Massachusetts prisons are currently at historically low levels and well below maximum capacity.

A version of this legislation having previously passed in the Massachusetts House of Representatives, the legislation now goes to the House for further consideration.

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Senate Passes Landmark Voting Reform Legislation

(BOSTON – 6/9/22) Today, the Massachusetts State Senate passed S.2924, An Act fostering voter opportunities, trust, equity and security (the VOTES Act). This landmark legislation permanently codifies the popular mail-in and early voting options used in Massachusetts in 2020, increases ballot access for voters with disabilities and service members overseas, and takes steps to modernize the Commonwealth’s election administration process. At a time when democracy is under attack across the United States and across the globe, the VOTES Act implements vital measures to protect and expand voting rights here in Massachusetts.

“The right to vote is fundamental to creating a government that works for the people,” Senator Michael Moore (D-Millbury) said. “The VOTES Act is a big leap forward in making the Bay State’s voting system more accessible, equitable, and secure. I’m proud of the work we’ve done to reduce the barriers to voting for every eligible voter in the Commonwealth. I look forward to the House joining us in sending this legislation to the Governor’s desk.”

S.2924 reflects agreements reached by the VOTES Act Conference Committee to resolve outstanding differences between House (H.4367) and Senate (S.2554) voting reform bills. S.2924 contains the following key provisions:

Permanent mail-in voting

·       Allows registered voters to vote by mail for any presidential, state or municipal primary or election.

o   Municipalities may opt out of offering early voting by mail for any municipal preliminary or election not held on the same day as a state or federal election.

·       Allows registered voters to request a mail-in ballot for all applicable preliminaries, primaries, and elections in the calendar year.

·       Requires the Secretary of the Commonwealth (SoC) to send out mail-in ballot applications, with return postage guaranteed, to registered voters before each presidential primary, state primary, and biennial state election.

·       Requires the SoC to implement an online portal to allow voters to request a mail-in ballot.

·       Requires mail-in ballot applications to be posted on every municipality’s website.

·       Guarantees return postage for all mail-in ballots.

Expanded early voting in-person

·       Enshrines two weeks (including two weekends) of early voting in-person for biennial state elections and one week (including one weekend) for presidential or state primaries.

·       Requires municipalities to establish accessible early voting sites.

·       Requires larger municipalities to have early voting sites open for longer hours during the early voting period. 

·       Allows municipalities to opt-in to early voting in-person for any other municipal election not held on the same day as a state or federal election. 

Electronic voting options for voters with disabilities and service members

·       Enables a voter with disabilities to request accommodations from the SoC, including an accessible electronic ballot application, ballot, and voter affidavit that can be submitted electronically.

·       Streamlines the voting process for uniformed and overseas citizens, giving them the option to vote through an electronic system approved by the SoC.

Registration reforms

·       Moves the voter registration deadline from 20 to 10 days before a preliminary, primary, or election. 

·       Requires the SoC’s online voter registration portal to be offered in multiple languages.

·       Clarifies the automatic voter registration process.

Jail-based voting reforms

·       Helps ensure that incarcerated individuals who are currently eligible to vote are able to exercise their voting rights.   

·       Requires correctional facilities to display and distribute voter education and election information materials, as prepared by the SoC.

·       Requires facilities to assist individuals who are incarcerated and may be eligible to vote in registering, applying for and returning mail-in ballots.

·       Requires SoC to provide guidance to local election officials about the qualifications and rights of eligible incarcerated voters and how to process their applications to register and vote.

·       Requires facilities to provide voting information and a voter registration form upon an individual’s release from the facility.

Flexibility for local officials and improvements to election administration

·       Gives municipalities the option to set up secure drop boxes for mail-in ballots.

·       Allows election officials to pre-process mail-in and early voting ballots (by opening up envelopes and verifying signatures in advance of Election Day).

·       Makes it easier for election officials to appoint and fill vacancies in poll workers.

·       Gives municipalities discretion as to the use of check-out lists at polling locations.

·       Requires the SoC to join the Electronic Registration Information Center by July 1, 2022, in order to help Massachusetts keep more accurate voting rolls.

·       Instructs the SoC to conduct a comprehensive public awareness campaign to highlight the provisions in the bill.  

Overall, the VOTES Act builds upon the successful temporary mail-in and early voting options used in 2020 in Massachusetts. More people voted than ever before in the Commonwealth in the 2020 general election: approximately 3.66 million residents cast ballots, totaling 76% of all registered voters. Moreover, 42% of voters voted by mail in the general election, and another 23% voted during early voting windows. Similarly, over 1.7 million people voted in last year’s state primary, the highest number of voters ever in a state primary. Close to half of all voters voted by mail during the primary.

The VOTES Act now heads to the House for consideration.

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Senate Passes Fiscal Year 2023 Budget

(BOSTON– 5/27/22) The Massachusetts State Senate on Thursday passed a $49.78 billion budget for Fiscal Year 2023 (FY23). Advanced with unanimous support, the budget makes significant, critical and targeted investments in the areas of education, health care, housing and community supports to meet the on-the-ground challenges brought on by the global pandemic and ongoing financial uncertainty.

The Senate’s FY23 budget includes a total of $49.78 billion in spending with $854.4 million deposited into the state’s rainy-day fund, bringing that account’s total to $6.74 billion. Structured upon a consensus revenue estimate of 2.7 per cent growth, the budget also funds Unrestricted General Government Aid (UGGA) at $1.231 billion.

“I am pleased to have voted to advance a budget that keeps the needs of the Second Worcester District at its center. This legislation makes critical investments in education, healthcare, housing, and community services, among many other priorities, that will help the Commonwealth continue its robust recovery from the COVID-19 pandemic,” Senator Michael Moore (D-Millbury) said. “I’m also excited to share the amendments I was able to pass during budgetary debate that create statewide programs and secure funding for local priorities in each and every town in my district.”

In response to funding priorities identified by the towns and cities in the Second Worcester District, Senator Moore secured the following amendments:

Auburn

·       $50,000 to fund improvements to Auburn Robert Goddard Rocket Fountain

Grafton

·       $50,000 to Grafton Municipal Center to fund upgrades

·       $7,500 to Massachusetts State Police Museum and Learning Center for operational expenses

Millbury

·       $65,000 to Millbury Public Schools to purchase a multi-purpose activity bus

·       $20,000 to Blackstone Valley Regional Drug and Counter Crime Task Force for operational expenses

·       $7,100 to Millbury Police Department to purchase a drone

Shrewsbury

·       $69,000 to Shrewsbury to purchase new voting machines

·       $25,400 to Shrewsbury Fire Department to fund firefighter physical examinations

Upton

·       $20,000 to Blackstone Valley Vocational Regional School District for the purchase of equipment for the Student Wellness Center

Worcester

·       $500,000 to create and maintain a baseball field in Central Worcester, to replace the field lost at Mount Carmel Church

·       $60,000 to the Worcester Youth Center for general operations

·       $51,000 to the Worcester Police Department for the purchase of equipment and the installation of safety equipment

·       Made DCR Funding accessible to the Blackstone Heritage Corridor Visitor Center

Senator Moore also secured a number of amendments establishing statewide programs. A few highlights are below:

·       $10 million extended to fund early college classes and activities for high schoolers during the summer

·       $9 million extended to fund dual enrollment opportunities for high schoolers during the summer

·       $500,000 in additional funding to the Massachusetts Environmental Police

·       $25,000 to Veterans Inc to fund their Veterans substance abuse treatment and recovery program

The Senate also passed Senator Moore’s amendment to create the Harmony Montgomery Commission during the Senate’s FY23 budget debate. The commission will be made up of 27 child advocates, welfare experts, legal professionals, and state legislators, and will be required to issue a report on its findings no later than September 30th, 2023.

The primary objectives of the Harmony Montgomery Commission are to:

·       Study how a child’s welfare and best interest considerations are handled in Care and Protection cases and Petition to Dispense with Care cases

·       Study how cases disproportionally impact children of color, immigrant children, children with disabilities, LGBTQ+ children, children who have experienced trauma, and poor children

·       Make recommendations on how we can better ensure the law balances the constitutional rights of parents with best interest, wellbeing, and safety of children – particularly those who have experienced trauma

Highlights from the broader budget are detailed below:

Education

Drawing on its belief that the state’s recovery is made stronger by a commitment to invest in early education and care, the Senate’s budget makes a $1.13 billion investment into this sector of the care economy, including $300 million in new resources to begin implementation of recommendations made by the Early Education and Care Economy Review Commission. These investments will help to stabilize providers, support the early educator workforce, and provide access to affordable care for children and families. Funding includes:

• $250 million for the Commonwealth Cares for Children (C3) Stabilization Grants, stabilizing the early education and care sector by supporting critical operational and workforce needs

• $25 million for a new infrastructure and policy reform reserve to bolster the statewide system of care and assist families in navigating the early education landscape

• $25 million for the center-based childcare rate reserve for reimbursement rates for subsidized care

·       $16.5 million for grants to the Head Start program to maintain access to early education services for low-income families

·       $15 million for the Commonwealth Preschool Partnership Initiative to expand access to pre-kindergarten and preschool opportunities in underserved areas

• $5 million for the Early Childhood Educators Scholarship

In K-12 education, the Senate delivers on its promise to fully fund and implement the Student Opportunity Act (SOA) by FY 2027, investing $6 billion in Chapter 70 funding, an increase of $495 million over FY 2022, as well as double minimum Chapter 70 aid from $30 to $60 per pupil. This investment ensures the state remains on schedule to fully implement the law by FY2027, provides school districts with resources to provide high quality educational opportunities, and addresses rising costs and administrative challenges related to the COVID-19 pandemic.

This budget also confronts head-on the issue of higher education student costs by providing $175.2 million for the scholarship reserve, including an additional $37.5 million for the MassGrant and MassGrant Plus programs. An amendment adopted by the Senate also dedicate $1 million to pilot a digital textbook and materials program at a community college or state university to provide student with the opportunity to access free textbooks online.

The Senate also expands access to inclusive education opportunities for young adults with disabilities through the removal of existing barriers and codifying the Massachusetts Inclusive Concurrent Enrollment grant program. The budget dedicates $4 million in flexible resources for the public higher education system to implement and support inclusive learning options for this diverse student population. Other education investments include:

·       $435 million for the special education circuit breaker

·       $243.8 million for charter school reimbursements

·       $82.2 million to reimburse school districts for regional school transportation costs, representing an 85% reimbursement rate

·       $10 million for Early College programs and $9 million for the state’s Dual Enrollment initiative, both of which provide high school students with increased opportunities for post-graduate success

·       $5.5 million, after adding $1.5 million through an amendment, for targeted aid to rural schools

·       $1.5 million for the Genocide Education Trust Fund, fulfilling our commitment to educate middle and high school students on the history of genocide and support implementation efforts in accordance with Chapter 98 of the Acts of 2021, An Act Concerning Genocide Education, passed by the Legislature in 2021

Health, Mental Health & Family Care

For too many—especially children—the post-pandemic world continues to be wrought with uncertainty. To address these concerns, the Senate’s budget focuses on funding a range of services, including social emotional learning (SEL) support for students, domestic violence prevention, substance use disorder treatment, and strengthening our regional boards of health. The budget also supports the expansion of Family Resource Centers (FRCS), which offer resources to families seeking health, safety, educational, and employment services.

The Massachusetts State Senate’s FY23 budget also sends a strong message that reproductive health and gender affirming health will be protected, despite growing legal uncertainty across the United States. Investments include $2 million for grants for improvements in reproductive health access, infrastructure, and safety. An amendment to the budget also codifies new protections for receiving and providing reproductive and gender-affirming health care in Massachusetts in response to laws in other states allowing their residents to bring legal action against individuals for traveling out-of-state to receive services and against workers who provide care.

The Senate budget funds MassHealth at a total of $18.56 billion, providing more than 2.1 million people with access to affordable and accessible health care services. Other health investments include:

·       $514.6 million for Department of Mental Health adult support services, including assisted outpatient programming and comprehensive care coordination among health care providers

·       $210.3 million for a complete range of substance use disorder treatment and intervention services to support these individuals and their families

·       $112.5 million for children’s mental health services

·       $56 million for domestic violence prevention services

·       $40.4 million for Early Intervention services, ensuring supports remain accessible and available to infants and young toddlers with developmental delays and disabilities

·       $28.3 million for Family Resource Centers to grow and improve the mental health resources and programming available to families

·       $20 million to recapitalize the Behavioral Health, Access, Outreach and Support Trust Fund to support targeted behavioral health initiatives

·       $18.5 million, increased during the amendment process, to expand to all correctional facilities the existing pilot program for the delivery of medication-assisted treatment for opioid use disorder

·       $18 million for family and adolescent health, including $7.8 million for comprehensive family planning services and $6.7 million to enhance federal Title X family planning funding

·       $15 million for grants to support local and regional boards of health, continuing our efforts to build upon the successful State Action for Public Health Excellence (SAPHE) Program

·       $15 million for emergency department diversion initiatives for children, adolescents, and adults

·       $8.2 million to support student behavioral health services at the University of Massachusetts, state universities and community colleges

·       $6 million for Social Emotional Learning Grants to help K-12 schools bolster social emotional learning supports for students, and $1 million to provide mental health screenings for K-12 students

·       $4.4 million for the Office of the Child Advocate

·       $3.5 million for the Massachusetts Center on Child Wellbeing & Trauma

·       $3 million for Children Advocacy Centers to improve the critical supports available to children that have been neglected or sexually abused

·       $1 million, increased through the amendment process, for an expansion of the Hey Sam text-based mental health support line, a peer-to-peer suicide prevention communications initiative for youth and young adults

The Senate also adopted an amendment that prevents correctional facilities from charging fees to incarcerated persons or their loved ones for prison phone calls, and it also sets a new requirement that commissary items in correctional facilities shall not be sold at more than 3 per cent over the purchase cost. Both changes ensure that our correctional facilities do not unjustly profit off the basic needs of incarcerated persons.

In addition, the Senate adopted an amendment to address the failures that led to the tragic death of Harmony Montgomery, who was released from state custody in 2019 when she was five years old, but then went missing for two years without being reported. To ensure that a tragedy like this will not happen again, this budget establishes a Harmony Montgomery Commission to study, examine and make recommendations regarding the welfare and best interest considerations of children in care and protection cases and petition to dispense with consent cases.

Expanding & Protecting Opportunities

The Senate remains committed to continuing an equitable recovery, expanding opportunity, and supporting the state’s long-term economic health. To that end, the budget includes a record investment in the annual child’s clothing allowance, providing $400 per child for eligible families to buy clothes for the upcoming school year. The budget also includes a 10 per cent increase to Transitional Aid to Families with Dependent Children (TAFDC) and Emergency Aid to the Elderly, Disabled and Children (EAEDC) benefit levels compared to June 2022 to help families move out of deep poverty.

With skilled workers in high demand and job openings plentiful, the Senate’s budget invests more than $100 million to bolster job training programs, help connect unemployed and under-employed people with higher paying jobs and support career services that help students gain access and skills to apply for future jobs. Economic opportunity investments include:

·       $356.6 million for Transitional Assistance to Families with Dependent Children (TAFDC) and $140.7 million for Emergency Aid to Elderly, Disabled and Children (EAEDC) to provide the necessary support as caseloads increase, and lift families and individuals out of so-called ‘deep poverty’

·       $55.3 million for adult basic education services to improve access to skills necessary to join the workforce.

·       $30.5 million for the Massachusetts Emergency Food Assistance Program

·       $24.1 million for summer jobs and work-readiness training for at-risk youth

·       $20 million in Healthy Incentives Programs to maintain access to healthy food options for households in need

·       $20 million for a Community Empowerment and Reinvestment Grant Program to provide economic support to communities disproportionately impacted by the criminal justice system

·       $17 million for the Workforce Competitiveness Trust Fund to connect unemployed and under-employed workers with higher paying jobs

·       $15.4 million for Career Technical Institutes to increase our skilled worker population and provide residents access to career technical training opportunities

·       $7.5 million for community foundations to provide emergency economic relief to historically underserved populations

·       $5 million for the Secure Jobs Connect Program, providing job placement resources and assistance for homeless individuals

·       $4.8 million for the Innovation Pathways program to continue to connect students to trainings and post-secondary opportunities in the industry sector with a focus on STEM fields

·       $2.5 million for the Massachusetts Cybersecurity Innovation Fund, including $1.5 million to continue partnerships with community colleges and state universities to provide cybersecurity workforce training to students and cybersecurity services to municipalities, non-profits, and small businesses

·       $500,000, through an amendment, for the Economic Empowerment Trust Fund to expand the state’s Baby Steps college savings program

An amendment passed by the Senate would also establish a veteran equality review board to ensure that veterans dishonorably discharged under “Don’t Ask Don’t Tell” receive state-based veterans’ benefits. Another adopted amendment directs the state to develop one common application portal through which residents can simultaneously apply for multiple forms of state-administered needs-based benefits and services.

Housing

Based on the Senate’s understanding of the strong link housing security has to positive health and economic outcomes, the Senate FY23 budget invests over $900 million in increased funding for housing stability and homelessness assistance to work towards keeping people in their homes and helping individuals and families find permanent housing solutions.

The budget prioritizes relief for families and individuals who continue to face challenges brought on by both the pandemic and financial insecurity, including $213.2 million for Emergency Assistance Family Shelters and $210 million for Residential Assistance for Families in Transition (RAFT), including $60 million carried over from the March supplemental budget. The budget also upholds the emergency-level maximum amount of rental assistance that a household can receive at $10,000. Eligible households facing a housing crisis would also be given access to apply for RAFT and HomeBASE. The budget, through adoption of an amendment, also requires the Department of Housing and Community Development to study and report on the execution of no-fault evictions between 2019 and 2022.  Other housing investments include:

• $175 million for the Massachusetts Rental Voucher Program (MRVP), including $20.7 million in unspent funds carried forward from FY 2022; the budget also recommends structural program changes that, starting January 1, 2023, will allow households to pay no more than 30% of their income for rent to receive rental vouchers for up to 110% of fair market value

• $92 million for assistance to local housing authorities

• $83.3 million for assistance for homeless individuals

• $56.9 million for the HomeBASE diversion and rapid re-housing programs, bolstering assistance under this program to two years with a per household maximum benefit of $20,000

• $19.3 million for the Alternative Housing Voucher Program (AHVP), which provides rental assistance to people with disabilities, including $5.6 million in unspent funds carried forward from FY 2022 and $2.5 million for grants to improve or create accessible affordable housing units

• $5 million for sponsored-based supportive permanent housing

• $3.9 million for the Home and Healthy for Good re-housing and supportive services program, including $250,000 for homeless LGBTQ+ youth

Community Support

The Committee’s budget reflects the Senate’s unwavering support for cities and towns and provides a significant amount of local and regional aid to ensure communities can provide essential services to the public while addressing local impacts caused by the pandemic. This includes $1.231 billion in funding for Unrestricted General Government Aid (UGGA), an increase of $63 million over FY 2022, to support additional resources for cities and towns. In addition to traditional sources of local aid, the Committee’s budget increases payments in lieu of taxes (PILOT) for state-owned land to $45 million, an increase of $10 million over FY 2022. PILOT funding is a vital source of supplemental local aid for cities and towns working to protect and improve access to essential services and programs during recovery from the pandemic. Other local investments include:

·       $96.5 million for Regional Transit Authorities (RTAs) to support regional public transportation systems, including $2.5 million for the implementation of pilot programs for fare innovation and reduction across the state

·       $40.8 million for libraries, including $14.5 million for regional library local aid, $16 million for municipal libraries and $4.7 million for technology and automated resource networks

·       $22.3 million for the Massachusetts Cultural Council to support local arts, culture and creative economy initiatives

• $3 million for Non-Profit Security Grants, after an increase of $1.5 million through the amendment process, to cover vital security enhancements to houses of worship, community centers, and other institutions at heightened risk of violence

·       $1 million for the New American Voter Grant Program to provide accessible election materials to municipalities with significant non-English speaking populations and promote public awareness about voting

The Senate also adopted an amendment based on recommendations of the PFAS Interagency Task Force, which would provide $250,000 for the continued implementation of the AFFF Take-Back Program that funds the collection and proper disposal of Aqueous Film Forming Foam (AFFF) stored by municipal fire departments and other public safety partners in Massachusetts.

Another amendment passed in the budget would also extend COVID-19 state-of-emergency provisions related to remote public meetings, flexible town meetings, remote notaries, remote corporate meeting and remote mortgage video conferencing.

The Senate’s FY23 Budget is available on the Massachusetts legislature’s website: https://malegislature.gov/Budget/SenateWaysMeansBudget. Now that the Senate and Massachusetts House of Representatives has passed their respective budget proposals, both branches will now work together, form a conference committee and reconcile differences.

Senator Michael Moore Joins Nationwide Call for National Biodiversity Strategy

(WASHINGTON DC – 05/20/2022) Senator Michael Moore (D-Millbury) announced today that he has signed on to the National Caucus of Environmental Legislators’ letter to President Joe Biden urging him to establish a National Biodiversity Strategy. The letter’s release coincides with Endangered Species Day.

Signed by 365 state legislators from 48 states and territories, the letter highlights the rapid decline of animal and plant species and their habitats primarily driven by habitat destruction, climate change, wildlife exploitation, pollution, and invasive species. There are currently over one million species recognized to be at risk of extinction globally.

“The United States stands on the world stage as one of the only major countries to have not yet developed a national strategy to protect biodiversity. This bipartisan letter, signed by hundreds of legislators from coast to coast and beyond, urges President Biden will use his presidential powers to create and implement a plan that matches the scale of this crisis,” Senator Moore said. “Biodiversity is essential to health and wellbeing of our communities, our country, and our planet. We must act now to preserve our world as we know it for the next generation.”

In the letter, the legislators recognize the work the Biden Administration has already done but urges further action, pushing to “…build on existing policy initiatives while providing the strategic, comprehensive, and whole-of-government approach urgently needed to secure our nation’s rich biodiversity.” The letter advocates for the Strategy to direct federal agencies to do more within their existing laws and identify where new ones could be developed, for the federal government to better engage with states, Tribes, and non-governmental organizations, and for the United States to use its diplomatic apparatus and financial investments to promote biodiversity conservation worldwide.

The National Caucus of Environmental Legislators is a 501(c)(3) nonprofit that organizes over 1,000 environmentally-committed state legislators from all 50 states and both parties. NCEL provides venues and opportunities for lawmakers to share ideas and collaborate on environmental issues.

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Senate Passes Work and Family Mobility Act

(BOSTON – 05/05/2022) The Massachusetts State Senate on Thursday passed An Act Relative to Work and Family Mobility. The Work and Family Mobility Act would allow Massachusetts residents who lack federal immigration status to apply for a Massachusetts standard driver’s license, which does not include a REAL ID. The bill passed with a veto proof majority.

“After receiving overwhelming support from constituents and an endorsement by the Massachusetts Major Cities Chiefs of Police Association, I voted in favor of legislation to make Massachusetts the 17th state to provide a license category for undocumented immigrants who live in our communities. This will ensure everyone driving on our roads has the proper training and insurance qualifications to improve road safety and limit unnecessary expenses. I also supported several amendments enhancing identification requirements, information sharing and voting restrictions. While not all were adopted, I am confident that strict standards will be maintained through new regulations and enforcement mechanisms included in the bill,” said Senator Moore.

The bill has received widespread support from members of the law enforcement community, advocacy groups, and members of the immigrant community. The bill was also supported by the Massachusetts District Attorney’s Association. It proposes strict identity documentation criteria, asking for applicants to present two valid, unexpired identity documents. It makes no change to existing law requiring that all driver’s license applicants prove that they live in the Commonwealth. The bill passed by the Senate is nearly identical to the version that previously passed the House of Representatives earlier this year.

A version of this legislation having previously passed in the Massachusetts House of Representatives, the legislation moves back to the House for further consideration.

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National Institute of Standards and Technology Awards $400,000 to WPI

(WORCESTER – 05/04/2022) National Institute of Standards and Technology (NIST) announced on Wednesday, May 4th, that Worcester Polytechnic Institute (WPI) had been awarded $399,999 to advance its groundbreaking disaster resilience research. This research centers around the investigation of how embers are generated and how they move through the air. Studying this process will help first responders, state and federal agencies, and conservationists better understand wildfires and implement policies and practices to mitigate their spread.

“I am pleased that Worcester Polytechnic Institute’s innovative research is being recognized by the National Institute of Standards and Technologies. This funding will help advance their investigation into the science of wildfires and help us ensure we have the knowledge and tools to mitigate and prevent some of the devastation caused by these disasters,” Senator Michael Moore (D-Millbury) said. “The research that will be done right here in Central Massachusetts will help stop wildfires across the country and around the globe. We are once again proving that the people of Central Massachusetts get it done.”

“The ultimate goal of this work, like most of the fire science research conducted at WPI, is to help create a safer world,” said Professor Albert Simeoni, WPI Fire Protection Engineering Department Head and Principal Investigator of the NIST grant. “By gaining a better understanding of fire spread, a changing environment, and the rapidly expanding wildland urban interface, we can plan better how to live with the ever-present risk of wildland fires and create more resilient communities.”

“I’m thrilled that Worcester Polytechnic Institute has received funding for infrastructure research to help protect families against natural hazards,” said Senator Elizabeth Warren (D-Massachusetts). “These investments are critical for our communities in Worcester and beyond.”

NIST announced WPI’s award as part of a broader package of disaster resilience funding awards totaling $7.6 million. UMass Amherst and Northeastern University also received awards of $390,009 and $399,504, respectively.

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Senate Passes Sports Betting Legislation

(BOSTON – 04/28/2022) The Massachusetts State Senate on Thursday passed An Act regulating sports wagering which would legalize commercial sports betting in Massachusetts. The bill, which would allow for in-person and online sports betting, also includes several consumer safeguards and addresses gaming addiction and recovery. This legislation is estimated to generate $35 million in tax revenue annually.

“For years now, Massachusetts has been falling behind on sports betting, leaving this huge market segment to neighboring states and the black market,” Senator Michael Moore (D-Millbury) said. “This legislation takes a thoughtful and balanced approach to sports betting, allowing people the opportunity to wager on their favorite professional sports teams while also making sure they’re protected from predatory practices by the strongest consumer protections in the country. With the passage of this bill in the Senate, we’re one step closer to bringing the sports betting market out of the shadows here in the Bay State.”

The legislation would allow for bets to be placed on a professional sport or athletic event, such as the World Series or Stanley Cup, and establishes a licensing process that is inclusive of the state’s existing casino and slot parlor industry. In addition to sports wagering being offered at existing casinos, the bill contemplates six licenses to be awarded through a competitive process to companies which promote job-growth, responsible gambling, diversity, equity, and inclusion, and which have community support. Those six licenses would be permitted to operate both in-person at a retail facility and online wagering. Wagering would not be permitted on electronic sports, amateur sports or athletic events including high school and youth sports, Olympic-related competitions, or collegiate sports. All leading Massachusetts Division 1 universities had previously weighed in against college sports betting.

Mindful of the harmful impacts of compulsive gambling and risks of addiction, the Senate proposal is intentional in its efforts to promote responsible gambling and takes steps to protect consumers. To that end, the bill would prohibit the use of a credit card to place a sports wager and would require the Department of Public Health (DPH) to establish a compulsive gambling direct assistance program.

Additionally, companies licensed to offer sports betting would be required to train employees to identify problem gambling and create plans to address instances of problem gambling, which would be submitted to the state’s Gaming Commission. In addition, the bill would ensure that consumers could cash out and permanently close accounts for any reason or create self-imposed limits on wagers.

To further protect consumers, this legislation would include limitations on advertising for sports betting. The bill would prohibit unsolicited pop-up advertisements and certain promotional items, and institute a whistle-to-whistle ban on television advertising during live sporting events. Similar to the state’s cannabis law, the bill would limit advertising on television and online where less than 85% of the audience is 21 or older.

With legislation relative to sports betting having passed the Massachusetts House of Representatives, a conference committee will be established to reconcile differences between the two bills.

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Senate Passes Major Climate Bill

(BOSTON – 04/14/2022) Amid alarming reports by the Intergovernmental Panel on Climate Change, the Massachusetts Senate on Thursday passed a major bill, S.2819, An Act Driving Climate Policy Forward, or the Drive Act. The bill addresses climate change in three primary areas—clean energy, transportation, and buildings—with the aim of achieving the Commonwealth’s ambitious goal of reaching net-zero emissions by 2050, which the Legislature codified into law in 2021.

“Climate change is a threat to our communities, our ecosystems, and our future. The science is clear: the time for climate action is now,” said Senator Michael Moore. “One year ago, the Massachusetts legislature committed to getting the Commonwealth to net-zero emissions by 2050. With this landmark bill, we are taking another step forward toward the transition to a more sustainable future.”

On his amendment pertaining to the electric vehicle charging network deployment council established by the bill, Senator Moore added, “I’m thankful to my colleagues for their support of my amendment that ensures our forthcoming electric vehicle charging network is built with robust and resilient cybersecurity as one of its cornerstones. Given current world events and the cyber-attacks we have seen in the past, it is critical to be proactive in addressing the safety and sustainability of our power grid and our infrastructure.”

Clean Energy

Around 20 per cent of greenhouse gas emissions in Massachusetts come from the power plants that fuel its energy grid, making support for clean energy alternatives necessary to meet the Commonwealth’s goal of having net-zero greenhouse gas emissions by 2050. Recognizing this, the Drive Act includes significant provisions to deploy clean energy infrastructure, including those related to offshore wind energy, solar energy, and energy storage. Acknowledging the importance of growing the Commonwealth’s green economy, this bill allocates $100 million to a Clean Energy Investment Fund to support infrastructure development in the clean energy industry.

To assist with the financial viability of offshore wind energy projects, this legislation updates the procurement process for new offshore wind energy investments to ensure that the Commonwealth receives as many competitive bids as possible, that all projects maximize equitable economic development opportunities, that environmental impacts are mitigated, and that ratepayers are protected throughout the process. The bill also provides more flexibility to offshore wind developers by adjusting the existing price cap for offshore wind projects, allowing for price increases of up to 10 per cent of the previous procurement. It also requires that any increase in price must be the result of economic development investments for low- and middle-income populations and diversity, equity, and inclusion programs. This crucial change will give offshore wind developers more flexibility, protect ratepayers from significant price increases, and ensure that offshore wind investments support equitable economic development in the Commonwealth.

To support the advancement of solar power, the bill permits agricultural and horticultural land to be used to site solar panels, eliminates the so-called ‘donut hole’ for on-site solar energy net metering to promote residential solar; and requires the Department of Energy Resources (DOER) to make recommendations for the successor program to the current SMART solar incentive program.

In addition to wind and solar power, the bill addresses other innovative sources of clean energy such as fusion and geothermal power, and amends Massachusetts law to ensure that the state can consider potential options for the development of safe, clean energy sources. Acknowledging the harmful health and environmental impacts of biomass facilities, this legislation removes biomass from the list of energy-generating sources that are allowed to receive state incentives for clean energy. To ensure that the Commonwealth has adequate storage systems to accommodate all the clean energy that Massachusetts will be adding to its energy portfolio, this bill directs a study of how to optimize the deployment of long-term energy storage systems.

Transportation

As the transportation sector is the largest source of fuel emissions in Massachusetts, the bill takes steps to encourage the use of electric vehicles, including codifying into statute, expanding, and allocating $100 million for the state’s MOR-EV electric vehicle incentive program, which provides rebates to individuals who purchase electric vehicles.

Under the Drive Act, the rebate amount will increase by $1,000, to $3,500, for passenger cars and light-duty trucks. Moreover, electric vehicle purchasers who trade in their emission-producing vehicles will be eligible for an additional incentive of $1,000. For the first time, rebates provided through the MOR-EV program will be administered at the point of sale, rather than through a rebate that can take up to 90 days to receive. The bill also makes used vehicles eligible for rebates.  Further, the bill directs the department of energy resources to conduct an outreach campaign to promote awareness about the MOR-EV program among consumers and businesses in underserved and low-income communities, as well as in communities with high proportions of high-emission vehicles.

To expand access to electric vehicle charging stations, this bill convenes an interagency coordinating council to develop and implement a charging infrastructure deployment plan, and allocates $50 million to this coordinating council to deploy charging infrastructure in an equitable and comprehensive manner.

The Department of Public Utilities (DPU) would be required to set vehicle electrification and greenhouse gas emission requirements for electric vehicle companies. In addition, to ensure that zero-emission vehicle charging remains affordable for consumers, the bill requires all electricity companies to submit proposals to the department of public utilities for how they will offer reduced electricity rates for consumers who charge their zero-emission vehicles at off-peak times.

Finally, the bill takes historic steps to address emissions that come from MBTA bus fleets. Starting in 2028, this bill would require every passenger bus that is purchased or leased by the MBTA to be a zero-emission vehicle. By the end of 2040, the MBTA would be required to operate exclusively zero-emission vehicles. Underserved and low-income communities would be prioritized for the equitable deployment of these zero-emission buses.

Amendments adopted during the debate include those to:

·       Allow the MOR-EV program to offer an additional $1,500 rebate for low-income individuals;

·       Require the state to examine historic and present participation of low- and moderate-income households in the MOR-EV program and recommend strategies to reduce disparities in uptake;

·       Require the MBTA to develop and implement short-, medium-, and long-term plans for electrifying the commuter rail fleet, with new purchase of diesel locomotives to be phased out in the coming years;

·       Require MassDOT to assist Regional Transit Authorities (RTAs) in creating an Electric Bus Rollout Plan for transitioning to zero-emission bus fleets; and

·       Direct the state to prepare a report on the estimated cost of converting school buses to zero-emission vehicles, as well as recommendations on how to structure a state incentive program for replacing school buses.

Buildings

To tackle the difficult issue of emissions from the building sector, the bill creates a 10 municipality demonstration project allowing all-electric building construction by local option. Participating municipalities must receive local approval before applying into the demonstration project.

The Drive Act makes targeted enhancements to the Mass Save program, which provides rebates and incentives for owners and renters related to efficient appliances and other home energy improvements. Under the bill, priority for Mass Save projects will be given to those that maximize net climate, environmental, and equity impacts. Beginning in 2025, Mass Save funds will also be limited in most instances from going to any fossil fuel equipment.

This bill requires the DPU to conduct an adjudicatory proceeding prior to approving any company-specific plan under the DPU’s future of heat proceedings. In addition, the bill requires DPU to convene a stakeholder working group to develop regulatory and legislative recommendations for how Massachusetts can best align the Commonwealth’s gas system enhancement program with the state’s 2050 net zero goal. The working group must submit its final recommendations to the Legislature by July 31, 2023.

Amendments adopted during the debate include those to:

·       Require utility companies to report to the state annually the total amount of natural gas and electricity used by large buildings over 25,000 square feet, and for the state to make the data publicly available on a building-by-building basis;

·       Require the state to consider the historic and present participation of low- and middle-income households, including renter households, in the Mass Save program, and provide recommendations to promote equitable access and reduce disparities in uptake; and

·       Direct electric and gas distribution companies to collect and report on data related to ratepayer bills in communities that are involved in the demonstration project, as well as those who are not.

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Senate Passes Sweeping Social Equity Cannabis Bill

(BOSTON – 04/07/2022) The Massachusetts Senate on Thursday passed S.2801, An Act Relative to Equity in the Cannabis Industry. Through the creation of a new fund that aims to support equity in the cannabis industry and improvements to the local licensing process, the bill levels the industry playing field to help members of communities disproportionately harmed by marijuana prohibition and enforcement take part in the Commonwealth’s growing cannabis market.

“This legislation clarifies the intent of the law and the ability of the CCC to promote social equity,” said Senator Moore. “The Senate also addressed the challenges being faced by new businesses by reducing the costs and re-examining the structure for Host Community Agreements.”  

“I also supported an amendment to address driving under the influence which remains a significant public safety concern,” said Senator Moore, “Drugged driving has long been an issue here in the Commonwealth, however, the lack of a reliable test for individuals operating motor vehicles under the influence of marijuana has posed challenges to law enforcement. I supported the Minority Leaders amendment to create a commission to help ensure that we remain vigilant with advancements in technology and have updated policies for court proceedings to keep our roadways safe.”

Social Equity Fund

The bill builds upon existing Massachusetts law, which legalized adult-use cannabis and made a first-in-the-nation commitment to equity in the cannabis industry. A combination of high entry costs and lack of access to capital have kept many would-be entrepreneurs from taking part, resulting in fewer than seven percent of cannabis licenses in Massachusetts going to social equity businesses.

Opening an average cannabis retail shop can require $1 to $1.5 million in liquidity, and the numbers are even higher for manufacturing facilities --at around $3-$5 million. Since federal cannabis laws prevent these businesses from accessing traditional bank loans, lack of capital can pose an insurmountable barrier, leaving many entrepreneurs vulnerable to predatory financial deals and damaging equity partnerships. The social equity fund, created by the legislation, would facilitate new access to capital by making grants and loans, including forgivable and no-interest loans, to equity applicants. The fund has the support of the Cannabis Control Commission (CCC), whose commissioners voted unanimously to endorse the idea earlier this legislative session. The fund will receive ten percent of annual revenue collected from the marijuana excise tax (an estimated $18 million for FY2023). Massachusetts is poised to join a handful of other states in pioneering this program.

Host Community Agreements

The bill also responds to concerns about the process of negotiating Host Community Agreements (HCAs), which have been identified as a key factor in keeping industry entry costs high. The bill re-affirms that fees in HCAs cannot exceed three percent of a cannabis business’ annual gross sales and must be reasonably related to the costs associated with hosting a cannabis business in a city or town.

Other components of the bill include:

• Incentives for municipalities to prioritize equity, through a portion of the marijuana excise tax that is distributed to cities and towns that host social equity marijuana businesses. This is cost-neutral to the consumer.

• A requirement that the CCC establish rules and regulations for municipalities to promote full participation in the industry by previously harmed communities.

• Clarifications to the existing law’s authorization of social consumption businesses, clearing a path for municipalities to permit on-site cannabis consumption businesses in their city or town via local ordinance as well as local referendum. Currently, many residents, particularly renters and those who live in public housing, do not have a location where they may legally consume cannabis products, even nine years since voters approved medical marijuana and five years since the approval of adult use.

The bill now moves to the Massachusetts House of Representatives for further consideration.  

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Senate Passes $1.65 Billion Supplemental Budget

(BOSTON – 03/24/2022) The Massachusetts State Senate on Thursday passed a $1.65 billion supplemental budget for Fiscal Year 2022 (FY22). The legislation makes investments in the state’s long-term COVID-19 response; addresses staffing shortages in schools; provides support for home and community-based services, assistance and protections for families experiencing housing and energy insecurity; funds winter road improvements; extends outdoor dining services as well as beer, wine and cocktails to-go, and provides for the resettlement of Ukrainian refugees in Massachusetts. Notably, the bill also would divest the state pension fund from Russian assets in response to the Russian war in Ukraine.  

“The comprehensive supplemental budget passed in the Senate today contains important measures aimed at bringing relief to working families in the Commonwealth,” said Senator Moore, “The VOCA (Victim of Crime Act) funding was especially important and although it did not pass, I worked in a bipartisan way to support my colleagues across the aisle in an attempt to secure a temporary suspension of the gas tax.”

Responding to COVID-19

To mitigate the spread of COVID-19 and ensure robust preparation in the event of a future variant outbreak, the bill invests $700 million for the state’s COVID-19 response. This funding would ensure the continued no-cost availability of crucial services offered to residents during the pandemic, including on-site testing, vaccinations, and treatment, as well as public health staffing needs resulting from COVID-19.

To further protect families facing housing challenges, the supplemental budget extends through March 2023 several protections for tenants experiencing COVID-19-related financial hardship, including extending the requirement that a court grant a continuance in an eviction case for nonpayment of rent when the tenant has a pending rental assistance application.

The supplemental budget also extends popular pandemic-related provisions including outdoor dining services, and beer, wine and cocktails to-go through April 2023. The legislation also extends COVID-19 related bonuses for members of the Massachusetts National Guard.

Responding to Russia’s Invasion of Ukraine

The supplemental budget responds to the Russian Federation’s February 2022 invasion of Ukraine and the subsequent violence against Ukrainian civilians. An amendment unanimously adopted on the floor of the Senate requires the Commonwealth's Pension Reserves Investment Management (PRIM) Board to divest any holdings from companies officially sanctioned by the Biden administration or incorporated in Russia. The supplemental budget also allocates $10 million for the Office of Immigrants and Refugees to support the resettlement of international evacuees, including Ukrainian evacuees.

Housing and Energy Assistance

The supplemental budget includes several provisions relating to housing stability and support for individuals currently experiencing or near homelessness. The Senate proposal includes $100 million for the Residential Assistance for Families in Transition (RAFT) program which provides eligible families with funds that they can use to keep their housing or obtain new housing. One amendment added to the budget on the Senate floor would increase the cap of the RAFT program to $10,000 for the remainder of the fiscal year. Another amendment clarifies existing law to ensure that in all eviction cases where the only valid reason for the eviction is nonpayment of rent, that the tenant has access to protections. The supplemental budget also dedicates $20 million to the Low-Income Home Energy Assistance Program (LIHEAP), which provides crucial assistance to families facing high utility bills. To increase oversight, the bill also directs the department of housing and community development to make detailed quarterly reports on the state's eviction diversion initiative.

The supplemental budget allocates $2.8 million for rates at shelters for homeless individuals and also ensures that down payment assistance funds received from the Massachusetts Housing Finance Agency or the Massachusetts Housing Partnership will not be considered taxable income.

Health Care & Mental Health

The bill allocates $346 million in federal American Rescue Plan funding for Home- and Community-Based Services (HCBS) resources to ensure that eligible Medicaid users throughout the Commonwealth are able to receive health care and medical services in their own homes or local communities.  Alongside this investment, the bill also appropriates $55 million in state resources to support reimbursement rates for human and social service providers that have also been doing crucial work during the pandemic. To address the crisis of mental health care, the bill also dedicates $10 million to suicide prevention and intervention services, focused on staffing and other resources at crisis centers, and the establishment of a statewide 988 suicide prevention hotline.

An amendment adopted to the supplemental budget allocates $24 million of the state’s American Rescue Plan Act (ARPA) funds specifically for the creation of new behavioral health and substance use disorder treatment beds.

Education

In response to reports of staffing shortages in public schools, the supplemental budget includes a provision authorizing the Commissioner of Elementary and Secondary Education to issue emergency educator licenses until 180 days after the end of the public health emergency. For private special education schools operating under Chapter 766, the budget allocates $140 million to fill immediate staffing needs.

Other funding items of note include:

·       $100 million for a new Winter Road Recovery Assistance Program for cities and towns to repair potholes and roads and bridges worn down by adverse weather conditions.

·       $20 million for Victim of Crime Act (VOCA) funding which supports no-cost counseling, advocacy, and intervention services to victims of crime, thereby covering the immediate needs of the Victim and Witness Assistance Board as they are experiencing a shortage of federal funding

·       $10 million for Emergency Aid to the Elderly, Disabled and Children (EAEDC)

·       $8.4 million for Department of Children and Families foster family rates

·       $8 million for Early Intervention staff stabilization supports

·       $5 million for state election costs

·       $5 million for the Department of Mental Health to expand clientele housing supports

·       $1.8 million for mental health services for international evacuees resettled in the Commonwealth

·       $1.7 million for state park investments, including water safety initiatives

·       $609,000 for additional staffing to implement the Next Generation Roadmap for Massachusetts Climate Policy legislation, which was passed early in the session

·       $500,000 to expand the capacity of the Commission on the Status of Women

A version of this legislation having previously passed the House of Representatives, the differences will need to be worked out by the branches before advancing to the Governor’s desk.

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Senate Passes Oversight Reform for Veterans’ Homes

(BOSTON – 03/10/2022) Today the Senate passed legislation to increase public oversight over the administration of state-operated veterans’ homes in Holyoke and Chelsea. To improve safety and transparency at the veterans’ homes, the bill would restructure the chain of command to more closely match established administrative practices used in hospitals and other large organizations. This legislation follows continued scrutiny of administrative failures at the veterans’ home in Holyoke, which led to the tragic deaths of 77 veterans during the early days of the pandemic, and builds on recommendations made by the Special Joint Oversight Committee on the Soldiers’ Home in Holyoke COVID-19 Outbreak.

“This comprehensive reform bill makes critical changes to the system that were identified after the tragic events at these facilities during the pandemic,” said Senator Michael Moore, “We have an obligation to the Veterans of the Commonwealth to ensure that a situation like this never happens again and we have work to do to regain their trust.”

This comprehensive reform bill is designed to increase the safety of residents of veterans’ homes in the Commonwealth. A new, full-time ombudsperson would receive, investigate, and assist in resolving complaints related to the health, wellbeing, and rights of veterans’ homes’ residents and staff. To effectively aid these efforts, a public hotline would be created for residents and staff to direct concerns. The bill would also task the Department of Public Health (DPH) with regularly inspecting the homes; all inspection reports would be made publicly available, excluding identifying information of patients and staff. Veterans' homes would be required to be licensed as long-term care facilities by DPH and adhere to the same standards and regulations.

Additional amendments adopted will ensure that all veterans’ homes are licensed as long-term care facilities; employ both an infection control specialist and an emergency preparedness specialist; have adequate infection control programs in place; and establish best practices for treating post-traumatic stress disorder. The bill directs the Secretary of Veteran’s Services to conduct an outreach program on the benefits and application process for the veterans’ homes and require all annual reports from the statewide and regional veterans’ homes advisory councils to be publicly accessible online.

The Senate’s bill would remove existing procedural hurdles which make it harder to donate operating supplies, clothing, medical equipment, personal hygiene products, and holiday gifts to veterans’ homes. To facilitate veterans’ access to health care, state-operated veterans’ homes would be required to accept Medicare and Medicaid payments. The bill would also provide mental health resources to employees of state-operated veterans’ homes who worked during the pandemic and create a commission to rename the Veterans’ Homes in Chelsea and Holyoke after specific Massachusetts veterans.

Finally, the bill would establish March 21 as Veterans’ Homes Remembrance Day, to honor the veterans who lost their lives due to the tragic COVID-19 outbreaks at veterans’ homes.

The bill will now go to a conference committee to resolve any differences between the Senate and House versions.

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Senate Unveils Oversight Reform for Veterans’ Homes

BOSTON (03/03/2022) – On Thursday, March 3, 2022, the Massachusetts State Senate unveiled legislation to increase public oversight over the administration of state-operated veterans’ homes in Holyoke and Chelsea. To improve safety and transparency at the veterans’ homes, the bill would restructure the chain of command to more closely match established administrative practices used in hospitals and other large organizations. This legislation follows continued scrutiny of administrative failures at the veterans’ home in Holyoke, which led to the tragic deaths of 77 veterans during the early days of the pandemic, and builds on recommendations made by the Special Joint Oversight Committee on the Soldiers’ Home in Holyoke COVID-19 Outbreak, which investigated.

“I find it difficult to adequately express my feelings about the tragic events that took place at the Soldiers’ Home in Holyoke during the COVID-19 outbreak,” said Senator Michael Moore, “This bill is a critical step towards ensuring  proper oversight and accountability over those that care for Veterans here in the Commonwealth.”

“This bill will help make sure the tragedy that occurred at Holyoke Soldiers’ Home never happens again by prioritizing accountability and oversight and establishing clear chains of command at our state’s long-term care facilities for veterans,” said State Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “Thank you to the Senate President for her leadership and to Senator Rush and the Veterans Committee for their work in shaping this bill and their tireless commitment to supporting veterans. I look forward to a robust debate in the Senate.”

“The Soldiers’ Homes have long suffered from gaps in accountability and a confused chain of command, factors which left it unable to deal with a crisis like the one we saw with the onset of the COVID-19 pandemic,” said Senator Michael F. Rush (D-Boston), Senate Vice Chair of the Joint Committee on Veterans and Federal Affairs and sponsor of the bill. “The language the Senate will take up tightens these gaps, enhances the level of oversight by elevating the Secretary of Veterans’ Services to a cabinet level position, and creates a stronger governing structure that supports our veterans and provides high quality care. Thank you to Senate President Spilka, Chairman Rodrigues, and my colleagues in the Senate for your continued support of the commonwealth’s veterans.”

This comprehensive reform bill is designed to increase the safety of residents of veterans’ homes in the Commonwealth. A new, full-time ombudsperson would receive, investigate, and assist in resolving complaints related to the health, wellbeing, and rights of veterans’ homes’ residents and staff. To effectively aid these efforts, a public hotline would be created for residents and staff to direct concerns. The bill would also task the Department of Public Health with regularly inspecting the homes, with all inspection reports would being made publicly available.

State-operated veterans’ homes in Massachusetts are managed by a superintendent, who is responsible for everyday operation of the homes and for ensuring improvements to quality of care. The Senate’s legislation would give the authority to appoint a superintendent for each of the Veterans’ Homes to the Executive Director of the Office of Veterans’ Homes and Housing (OVHH). Under the legislation, superintendents would be required to fulfill certain criteria, including being a licensed nursing home administrator with experience running a long-term care facility. Priority would also be given to superintendent candidates who are themselves veterans.

The Executive Director of OVHH would be appointed by the Massachusetts Secretary of Veterans Services, which would be elevated to a cabinet-level position, appointed by the governor. The Secretary would be required to promulgate regulations concerning the operations and administration of veterans’ homes. Elevating the Secretary to a cabinet-level position would facilitate more timely attention to all personnel challenges.

In addition to altering the command structure responsible for managing veterans’ homes, the bill would also create a statewide Massachusetts Veterans’ Homes Advisory Council, tasked with recommending policies to the Secretary of Veterans Services, as well as Regional Councils, which would be tasked with representing the interests of the local community, residents, and family members at each veterans’ home. Both the statewide Massachusetts Veterans’ Homes Advisory Council and Regional Councils would report annually to the Secretary and to the Legislature. Together with the Secretary of Health and Human Services, these councils would be empowered to submit nominations for and recommend the removal of superintendents. 

Furthermore, the bill would require each home to have a full-time specialist in infection control and emergency preparedness and to adhere to medically-sound guidelines for trauma-informed care.  Additionally, the homes would be required to maintain organizational plans, updated annually, for normal operations as well as emergency operations.

This legislation would set procedures and guidelines for filling vacant positions at veterans’ homes, including posting job openings in a timely fashion and ensuring that an employee is available to temporarily be tasked with any unfulfilled emergency duties while the position is vacant. Additionally, annual performance reviews would be mandated for all leadership positions at each home.

To facilitate veterans’ access to health care, state-operated veterans’ homes would be required to accept Medicare and Medicaid payments. The bill would also provide mental health resources to employees of state-operated veterans’ homes who worked during the pandemic and create a commission to rename the Veterans’ Homes in Chelsea and Holyoke after specific Massachusetts veterans,

Amendments to An Act relative to the governance, structure and care of veterans at the commonwealth’s veterans’ homes will be due on Monday, March 7, 2022, and the bill will be debated by the Senate next week.

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Senate Unveils Pharmaceutical Access, Cost and Transparency (PACT) Act 2022

BOSTON (02/04/2022) – Today, the Massachusetts Senate unveiled An Act relative to Pharmaceutical Access, Cost and Transparency (PACT Act 2022), comprehensive pharmaceutical cost control legislation aimed at addressing the rapidly increasing costs of prescription drugs. By connecting the need for greater drug price transparency with policies to improve oversight for the pharmaceutical industry, the legislation puts the Senate at the forefront of the state’s efforts to tackle rapidly increasing prescription drug costs. It will also reduce drug costs for patients and lower health care costs overall.  

“The rate in which prices have increased for prescription drugs, especially for those that are life-saving, has simply gotten out of control,” said Senator Michael Moore (D-Millbury). “Too many people in the Commonwealth and the country are forced to decide between their medications and other essential goods and services. These decisions are ones that should not have to be made, as we need to create a healthcare system that works for everyone, regardless of their background or income. I am pleased that this issue has been brought before the Senate, and I am hopeful that we can quickly move this legislation through the process and have it put before the Governor.”

Too often, patients cannot access the medications they need due to high prescription drug prices. The PACT Act 2022 contains enhanced accountability tools to address this and other barriers to care. Currently, Massachusetts cannot effectively identify drugs where burdensome costs prevent patients from being able to afford them. These cost barriers also contribute to unaddressed health issues and often worsen conditions. This legislation directs the Health Policy Commission (HPC), in consultation with stakeholders, to establish a process for identifying drug price thresholds that pose a public health risk. In addition, it allows the HPC to recommend pricing measures to increase patient access to necessary medications. Drug manufacturers that fail to comply with this process will be required to pay a fee that will go into a trust fund for a new drug cost assistance program to support patients with certain chronic health conditions that disproportionately impact communities of color and low-income communities.

In a first for Massachusetts, the legislation offers immediate price relief for insulin—a life-sustaining, daily drug for the one in 10 Massachusetts residents living with diabetes, without which they face substantial health risks and complications. Insulin prices have recently risen sharply, resulting in out-of-pocket costs that can reach $1,000 or more per year for patients in high-deductible plans or who are underinsured. This financial burden often forces patients to engage in the dangerous practice of severely limiting or forgoing the use of insulin. To address this problem, the PACT Act 2022 limits out-of-pocket spending on insulin by eliminating deductibles and coinsurance, and permanently capping co-pays at $25 per 30-day supply. If the PACT Act 2022 is signed into law, Massachusetts would join 21 other states that cap co-payments for insulin.

The bill seeks to bring oversight to pharmacy benefit managers (PBMs), who play a major role in how drugs are tiered and priced on insurance plans. PBMs, who serve as brokers or ‘middle-men’ in the drug transaction process, are not currently subjected to rigorous oversight by the state, making it unclear if PBMs act in the best interest of consumers or health plans when they negotiate the price of drugs with pharmaceutical manufacturers. The PACT Act 2022 authorizes the Division of Insurance (DOI) to provide much-needed oversight by licensing and regulating PBMs—and establishing sanctions for PBMs that fail to meet certain standards.  

To make sure patients pay the lowest possible cost at the pharmacy counter, the PACT Act 2022 builds on federal action legislation to ensure that a patient purchasing a prescription drug is not charged a cost-sharing amount, such as a co-pay or deductible, that exceeds the drug’s retail price.

The bill also takes significant steps toward ensuring that patients can get their prescription drugs from the pharmacy that they choose. This bill will allow independent pharmacists the opportunity to become licensed to dispense of specialty drugs and contract with insurance plans to provide specialty medications to patients. In addition, this bill provides patients with greater access to mail order prescriptions by allowing any network pharmacy to contract with carriers to provide mail-order prescriptions, changing the current practice where of carriers determine what pharmacies are available to patients for mail order prescriptions.

To help control costs further, the PACT Act 2022 requires pharmaceutical companies to notify the state in advance of new drugs coming to market, and of significant price increases for existing drugs. With advanced notification, the state’s MassHealth program can better prepare for potential cost increases by exploring ways to mitigate the cost or negotiating improved prices. In addition, advance notification will enable the HPC to focus on these cost drivers at their Cost Trends Hearings, which are held each year to examine the drivers of health care costs, identify challenges and opportunities for improving care and reducing costs in Massachusetts, increase transparency and accountability for health care providers and insurers, and help the state to meet its annual health care cost growth benchmark. 

In addition, pharmaceutical manufacturing companies and PBMs will be included in the HPC annual Cost Trends Hearings for the first time. By participating in the hearings process, manufacturers and PBMs will be required to provide public testimony on the factors that influence drug costs and provide documentation to back up their claims. The HPC will use this information to analyze how pharmaceutical industry costs impact the state’s health care market—and the ultimate cost of health care for Commonwealth residents.

This bill also empowers the Center for Health Information and Analysis (CHIA), an independent state agency that provides objective analysis of the quality, affordability, utilization, and access to the Massachusetts health care system, to collect a range of drug cost information from pharmaceutical manufacturers and PBMs to include in its annual health care cost report, which does not currently include comprehensive data on drug costs. Collecting this data will allow policymakers and consumers to better understand the role of pharmaceutical companies in driving costs moving forward.

The Senate has been a leader in putting forth policies to address unaffordable drug costs. The HEALTH Act, passed by the Senate in 2017, proposed policies to incorporate pharmaceutical costs into the state’s annual health care cost oversight process and ensure that consumers are offered the lowest available prices at the pharmacy. The Senate also championed the inclusion of provisions in the Fiscal Year 2020 budget to allow MassHealth to directly negotiate supplemental drug rebates to save the state millions of dollars each year. The Senate passed the first iteration of the PACT Act in the 2019-2020 session. The PACT Act 2022 takes several more important steps forward to rein in drug costs and improve patient access throughout the health care system. 

The Senate is scheduled to debate the PACT Act 2022 next week.

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Four Local Coalitions in Worcester are Awarded Grant Funding from the Community Empowerment and Reinvestment Program

(Worcester - 02/04/2022) Senator Michael Moore is happy to announce that four local coalitions in Worcester have been selected to receive funding from the Community Empowerment and Reinvestment Grant Program. The recipients have been selected by the Executive Office of Housing and Economic Development.

“We should be doing everything we can to provide resources and empower local organizations that are striving to make important and meaningful change,” said Senator Moore (D-Millbury). “That’s why we in the House and Senate felt the need to allocate funding for a program such as this that provides financial assistance to these local groups that are so important to their communities. I am very grateful that four such coalitions in Worcester have received funding, as they all help to shape a better future for those living in the area.”

The four coalitions from Worcester are among a total of 65 who will receive a combined $20,860,269. The aim of this grant program is to provide support to groups to allow them to implement programs that develop, strengthen, and invest in community-led efforts to bring positive economic outcomes to communities that face historically disproportionate challenges to economic growth. The program was specifically developed to support communities with high rates of incarceration, poverty, and whose populations are largely disadvantaged and underrepresented. 

The recipients in Worcester, and the amount of funding received are as follows:

$50,000 for the Black Excellence Academy/Charles Houston Cultural Project. This out of school program serves 50 Worcester Public School students in grades 1-6. It is a year-long program that runs concurrently with the school calendar and aims to; support working families; accelerate academic performance in ELA and math; expose students to various aspects of STEM with hands-on activities; and enrich knowledge and appreciation of Black history and culture. 

$382,000 for Centro Las Americas Inc’s Towards Financial Empowerment program, a bi-lingual community collaboration for Worcester’s historically disproportionately affected communities. The program will facilitate successful evidence-based learning, wraparound services, and provide socio-emotional and cultural support post Covid-19 by improving financial literacy, creating new entrepreneurs, support existing businesses and building up families and community. Roughly 45 students will participate in the Start Up and 3 Venture Growth classes. Another 20-25 students will enroll into the CENTRO Financial Empowerment Education and Coaching 8-week course. 

$63,301 for Friendly House and their I, Too program, a collaboration with local business leaders, departments of state and local government and the Worcester Public Schools. This program provides a positive role model to 20 young people, ages 13 to 17, who are at heightened risk of criminal justice system involvement. These role models provide guidance, empowerment, and inspiration for these youths.

$491,740 for Living in Freedom Together’s (LIFT) Building Real Action for Viable Employment (BRAVE) program. This program will provide job training and skill building in Worcester for survivors of the sex trade along with program partner, Latin American Health Alliance (LAHA). The grant will act as seed funding for LIFT to train program participants from LIFT and LAHA to operate a Coffee Truck which LIFT will purchase and outfit. The grant will additionally aid LAHA in establishing an Automotive Garage (the Garage) where the Truck will be kept and maintained.  

The funding for this grant program has been made possible by allocations made in the FY21 and FY22 budget.

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Senate Enacts COVID-19 Supplemental Budget

(Boston – 02/03/2022) Today both the Massachusetts State Senate and the House of Representatives enacted H.4345, An Act Making Appropriations for the Fiscal Year 2022 to Provide for Supplementing Certain Existing Appropriations and for Certain other Activities and Projects. This piece of legislation invests in COVID-19 rapid testing, high-quality masks and vaccination equity.

“Several times during this pandemic, we thought we had seen the worst only for the virus to rear its head and present more challenges for residents throughout the Commonwealth,” said Senator Michael Moore (D-Millbury). “Given the ever-changing nature of this pandemic, we in the legislature felt it was vital that we take steps to expand access to our most effective tools in this fight. More masks, tests and vaccines will allow us to set a path towards having COVID-19 in our rear-view mirror, and so I hope that Governor Baker quickly signs this bill into law.”

The $101 million plan that was enacted today by both chambers has grown since it was passed by the Senate last week, which stood at $76 million. The bill was originally passed by the House on January 19th as a $55 million plan.

The legislation earmarks $50 million to establish COVID-19 testing at community health centers, regional vaccination clinics, urgent care centers and other organizations, as well as to expand on current testing capacities at these locations. Additionally, funding to purchase rapid COVID-19 antigen tests will be made available to elementary and secondary public schools, charter schools, educational collaboratives, early education and care programs, congregate care facilities, early intervention programs and homeless shelters.

The bill also earmarks $5 million to increase youth vaccination rates, while also setting aside $5 million to expand infrastructure and staff capacity at community health centers to help deliver vaccines in communities with low vaccination rates. 

The legislation also increases the COVID-19 Massachusetts Emergency Sick Leave Program by $25 million. Established last May, this $75 million program offers up to one week of paid sick leave, capped at $850.

A further $1 million is earmarked for the Department of Unemployment Assistance so that they may bolster their public information campaign as it relates to unemployment insurance benefits overpayments.

The bill also requires the Secretary of Health and Human Services to create a detailed plan to eliminate vaccination disparities within 120 days of the effective date of the bill.

The bill also sets the date for this year’s state primary election on Tuesday, September 6, 2022.

The legislation will now move to Governor Baker’s desk, who has 10 days to sign the bill, offer a veto, or return the bill to the legislature with and amendment.

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