Legislature Enacts Sweeping Economic Development Bill

(BOSTON–11/04/2022) The Massachusetts Legislature on Thursday passed a wide-ranging $3.76 billion relief package to provide targeted energy assistance, support ongoing transportation needs, and invest in the state’s small businesses, caregivers, health care system, affordable housing, and efforts to fight climate change.

“Massachusetts families are facing rising costs and tighter budgets every day,” said Senator Michael Moore (D-Millbury). “Yesterday, the Legislature passed a wide-ranging bill focused on supporting essential industries and services, easing the burden of soaring energy costs for low-income households, and spurring economic development across the Commonwealth – actions that will make a meaningful difference to Bay Staters. I want to thank my colleagues in Central Massachusetts and around the Commonwealth for their partnership in securing these funds for our constituents.”

 The earmarks passed by Senator Moore include:

·       $100,000 to purchase wayfinding signs and banners for Auburn

·       $100,000 to purchase firefighter radios for Grafton

·       $75,000 to fund improvements to the facades of small businesses in Shrewsbury

·       $90,000 to purchase wayfinding signs for Westborough

Additional local earmarks secured in the final Economic Development bill include:

·       $100,000 to fund the Blackstone Valley EdHub Collaborative Workforce Pipeline, a non-profit economic and workforce development program run by the Blackstone Valley Chamber of Commerce.

“Our great thanks to Senator Moore and the Commonwealth for their support to the BV Hub for Workforce Development,” said Jeannie Herbert, President of the Blackstone Valley Chamber of Commerce. “This funding will mean expanded programs to open the door to more students interested in a viable career path in manufacturing technologies while creating a skilled workforce to fill the employment gap in the Commonwealth."

·       $450,000, in collaboration with Senators Chandler and Gobi, to fund Veterans Inc, a Veterans’ service provider and substance use community support program in the Worcester area.

 “We are so incredibly grateful to Senators Moore, Chandler, and Gobi, and the rest of the Central MA Congressional delegation for their help in obtaining these funds,” said Vincent J. Perrone (Lt. Col., USAF, retired), President and CEO of Veterans Inc. “The Homeless Veterans Reintegration Program (HVRP) is a crucial part of our employment services, integrating homeless Veterans into the labor force and funding the development of the innovative service delivery systems that are essential for Veterans in need.”

·       $750,000, in collaboration with Senator Harriette Chandler, to fund road improvements at the intersection of Ararat Street and C Street in the Greendale neighborhood of Worcester.

“These infrastructure funds are critical to improve and upgrade the roadway system in the Greendale section of Worcester,” said Craig L Blais, President of the Worcester Business Development Corporation. “We are so grateful to Senators Chandler and Moore and Representative O’Day for offering these amendments to the legislation.”

·       $100,000 to fund Centro Las Americas’ food pantry program in Worcester

“With winter right around the corner and energy costs expected to skyrocket, community food pantries will be more important than ever,” said Juan Gomez, President of Centro Las Americas. “This $100,000 grant will ensure Centro’s Food Pantry is prepared to serve as a critical source of food for those who may have gone hungry otherwise. I want to thank Senators Moore, Gobi, and Chandler for securing this funding for the people of Worcester.”

·       $35,000 to fund Dismas House in Worcester

In addition to $3.76 billion in direct investments, this compromise legislation ensures that the Commonwealth responsibly pays for the historic $3 billion one-time tax relief that will be returned to an estimated three million taxpayers over the coming weeks. Combined, this $6.76 billion in tax relief and direct investments will provide much-needed breathing room for families, small businesses and individuals feeling the pinch of inflation. Notably, the bill closes the books on Fiscal Year 2022 and dedicates $500 million in federal American Rescue Plan Act (ARPA), leaving a balance of $1.75 billion in federal resources for future use.

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Appropriations

Over $1.4 billion invested to support health and human services programs, including:

·       $350 million for hospitals that have become fiscally strained during the pandemic

·       $225 million for rate increases for human service workers and providers

·       $200 million for COVID-19 response efforts

·       $195 million for nursing facilities and rest homes

·       $80 million for Community Health Centers

·       $20 million to reduce gun violence and related trauma throughout the Commonwealth, including:

·       $3 million for a grant program to support school safety infrastructure improvements

·       $2 million to provide behavioral health-related supports and resources in schools to reduce instances of gun violence

·       $20 million to bridge impending federal cuts to Victims of Crime Act (VOCA) programs and maintain critical victim service programs

·       $17.5 million for reproductive and family planning services

·       $14 million for facilities that treat individuals with an alcohol or substance use disorder in the Commonwealth

·       $5 million to support harm reduction efforts and services to address substance use disorder in the Commonwealth

·       $2.5 million for grants to support the nursing workforce talent pipeline

$540 million invested to support clean energy and climate resiliency initiatives, including:

·       $250 million to accelerate and support clean energy initiatives, including:

·       $100 million to promote and accelerate the adoption of electric vehicles, through the MOR-EV program as well as supports for the expansion of electric vehicle charging infrastructure

·       $100 million for ports and port infrastructure to support the clean energy economy

·       $50 million for the Massachusetts Clean Energy Center to accelerate the transition to and expansion of renewable energy

$175 million for the conservation and improvement of publicly owned lands and investments in green spaces, with an emphasis on investments in environmental justice communities

·       $115 million for the Massachusetts Clean Water Trust, including:

·       $15 million for planning and implementing water pollution abatement project in watersheds designated as nitrogen sensitive areas

$409.5 million invested to support affordable housing, including:

·        $304.5 million to support and boost housing production, including:

·    $100 million for the Commonwealth Builder Program to support the production of for-sale, below market housing to expand homeownership opportunities for first-time homebuyers and socially disadvantaged individuals in communities disproportionately impacted by the 2019 novel coronavirus pandemic

·    $100 million for the Affordable Housing Trust Fund established to support the

creation and preservation of affordable housing

·    $100 million to support the production of workforce housing

·       $50 million for the Equitable Developers Financing Program to support the development

        of new housing in certain underserved communities

·       $25 million for regional low-threshold housing to support individuals experiencing homelessness  or housing instability and who struggle with substance use disorder

·     $20 million for housing options and additional support services and resources to address the needs of immigrants and refugees

·     $10 million for public housing redevelopment

Over $500 million invested to support early education, economic development, workforce development and community support initiatives, including:

·    $153 million for small businesses grant relief, including $45M for minority, women, and veteran owned businesses.

·   $150 million for early education and care providers through the continuation of the

Commonwealth Cares for our Children (C3) stabilization grant program, including $60 million for subsidized providers.

·    $112 million to support the MBTA’s ongoing efforts to address the Federal

Transportation Administration’s staffing and safety directives

·     $100 million for the state’s Unemployment Insurance Trust fund to offset estimated

overpayments made during the course of the pandemic

·    $75 million for investments in broadband infrastructure and access across the

commonwealth

·    $57 million for the Low-Income Home Energy Assistance Program (LIHEAP), ensuring relief to families facing rising energy costs.

·    $50 million to promote the attainment of debt-free higher education for students

pursuing careers in high-demand industries, such as health care, education, and

cybersecurity

·    $25 million for food security infrastructure grants

·    $12 million to support the agricultural and blue economy sectors

·    $2.5 million for computer science teacher development

The bill now goes to the Governor for further consideration.

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Legislature Passes Bill to Limit the Use of Step Therapy

(BOSTON – 10/24/2022) The Massachusetts State Senate on Monday enacted legislation to limit the use of step therapy, or ‘fail first’ protocols that too often direct patients to cheaper medications rather than those more suitable to treat their condition. The bill, An Act relative to step therapy and patient safety, gives health care providers more leverage in determining the most effective treatment options for patients, saving patients expensive and painful regimens on medications they know to be ineffective or harmful. This bill builds on similar legislation passed by the Senate in 2020.

“Insurance companies have long used the ‘step therapy protocol’ to allow them to delay or forego paying for medical treatments that patients need,” Senator Michael Moore (D-Millbury) said. “This bill will save lives and prevent suffering by allowing doctors and patients more leverage to choose the medication or treatment that gives them the greatest chance of recovering, without being forced to first undergo cheaper treatment that their doctor believes will be ineffective. Healthcare decisions should be in the hands of patients and their doctors – not insurance companies.”

Step therapy serves as a cost-saving mechanism that can limit a patient’s ability to access the medication that is most suitable for treating their condition. Insurers that utilize step therapy protocols require medical providers to prescribe lower-cost medications to patients first, and only grant approval for alternative medications when the cheaper options have failed to improve a patient's condition. In practice, this results in insurers effectively choosing medications for the patient, even in cases where their providers have recommended an alternative. When patients change insurers, they are often forced to start at the beginning of the step therapy protocol again, which results in wasteful health care expenditures, lost time for patients, and potentially devastating health care impacts on the patient.

Step therapy is not limited to specific diseases. It affects patients across the healthcare spectrum, with particularly dramatic impacts on the allergy and asthma, antipsychotic, arthritis, cancer, coronary artery, depression, diabetes, HIV/AIDS, multiple sclerosis, and Parkinson’s patient communities.

To address this, the bill establishes guardrails to protect patients in circumstances in which following step therapy protocols are counterproductive or harmful. The bill prohibits insurance providers from establishing a step therapy protocol that requires an insured individual to utilize a medication that is not likely to be clinically effective for the prescribed purpose. When establishing clinical criteria for step therapy protocols, the bill would ensure that insurance providers determine effectiveness through clinical review and take into account the needs of typical patient populations with similar diagnoses.

The bill provides patients who are subjected to step therapy sequences with an accessible exemption request process whenever coverage is restricted. The legislation enumerates specific timelines for insurers to review requests and grant exceptions, and in cases where interruptions in the patient's medication schedule puts them at considerable risk, the turnaround time is faster. Under the bill, providers would accept or deny a request within 3 business days or within 24 hours if additional delay would significantly risk the insured individual’s health or well-being. If an exception to step therapy is denied, the bill includes a process for the decision to be appealed.  Upon granting exemptions, MassHealth and private insurers would be required to provide coverage for the drug recommended by the patient's provider.  

To assist in future reforms, the bill would create a commission on step therapy protocols within MassHealth to study and assess the implementation of this bill and any future step therapy reforms.

If passed, Massachusetts would join 28 other states in curbing unfair step therapy practices. The bill, An Act relative to step therapy and patient safety, is now before the Governor for his consideration.

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Letter to DPU: Winter Energy Rate Increases

Dear Chair Nelson:

We write to convey our deep concerns related to the proposed energy rate increases for this winter season as multiple investor-owned utilities seek to saddle drastic cost increases on our constituents. As the Department of Public Utilities (DPU) is the oversight entity for investor-owned utilities in the Commonwealth, we implore you to protect Massachusetts residents from these rate increases.

As the basis for increasing rates, these utilities have cited Russia’s invasion of Ukraine, inflation, and other factors; however, our constituents already feel the impacts of these macro-economic factors. They encounter them when they buy groceries, fill up their car, or pay for medical expenses. Under the proposed rates, keeping themselves warm during the winter would be just another heightened cost passed along to Massachusetts residents.

It is also important to highlight the fact that this rate increase is being proposed on top of significant energy cost increases already imposed on Massachusetts residents within the last year. As noted by DPU:

The Department is very concerned with the energy burden on customers and the increased costs of all energy sources. Gasoline, propane, oil, natural gas, and electricity costs have all significantly increased over the last year. The Department agrees, however, that the increase in electric supply costs is particularly concerning. While natural gas customers are expected to experience about a 20 percent bill increase due to rising natural gas supply costs, the electric supply costs through National Grid’s Basic Service are expected to increase an average residential customer’s electric bill by over 80 percent from current rates.

According to estimates by the Department of Energy Resources, this winter will be colder than last year while the “cost of heating for residential customers is expected to be 28.6% higher for homes heating with natural gas, 18.6% higher for heating oil, 3.0% for propane, and 54.6% for electric heating.”

We echo the Attorney General’s concerns with these proposed rate increases. In addition, proposed rate increases of this magnitude – during the winter season – would disproportionally impact the Commonwealth’s most vulnerable. Moreover, protecting our residents from the cold is not just an affordability and equity concern – it is also a public safety issue. As the oversight agency tasked with prioritizing safety, affordability, and equity with regard to energy rates, we ask that DPU do just that and protect Massachusetts residents from these drastic rate increases this winter season.

Please do not hesitate to reach out if you have any questions. Thank you for your attention to this matter.

Sincerely,

Senators Michael O. Moore, John C. Velis, Diana DiZoglio, Joanne M. Comerford, Ryan Fattman, Patrick O’Connor, Jason M. Lewis, Adam Gomez, Anne M. Gobi, Edward J. Kennedy, Barry R. Finegold, Susan L. Moran, Walter F. Timilty, Sonia Chang-Díaz, James B. Eldridge, Eric P. Lesser, John F. Keenan, Lydia Edwards, Michael D. Brady, John J. Cronin, Patricia D. Jehlen, Marc R. Pacheco, Joan B. Lovely, Becca Rausch, Julian Cyr, Mark C. Montigny, Paul R. Feeney, Bruce E. Tarr, Harriette L. Chandler, Sal N. DiDomenico, and Brendan P. Crighton.

Representatives Orlando Ramos, Andy X. Vargas, Michael J. Soter, John Barrett, Timothy R. Whelan, Brian W. Murray, Paul J. Donato, William M. Straus, Steven Ultrino, Susannah Whipps, Jamie Zahlaway Belsito, Christine P. Barber, Michelle Ciccolo, Todd M. Smola, Natalie M. Blais, Michael P. Kushmerek, Danillo A. Sena, Patrick Kearney, Paul Mark, David Allen Robertson, Mindy Domb, Carole Fiola, Josh S. Cutler, Smitty Pignatelli, Peter Capano, Hannah Kane, Carol A. Doherty, Patricia A. Haddad, Joseph McGonagle, Steven G. Xiarhos, Mathew Muratore, Carlos González, Shawn Dooley, Mike Connolly, Kimberly N. Ferguson, Lindsay N. Sabadosa, Tram T. Nguyen, Jacob R. Oliveira, Kay Khan, Brandy Fluker Oakley, Jonathan Zlotnik, James J. O’Day, Gerard J. Cassidy, Steven C. Owens, David K. Muradian, Jr., Natalie Higgins, Bradley H. Jones, Jr., Susan Williams Gifford, Jay D. Livingstone, Thomas M. Stanley, Paul K. Frost, Frank A. Moran, Meghan K. Kilcoyne, Mary S. Keefe, Jay Barrows, David LeBoeuf, Alan Silvia, Joseph McKenna, Ken Gordon, Christopher M. Markey, Linda Dean Campbell, Liz Miranda, Kevin G. Honan, Danielle W. Gregoire, Marc Lombardo, Ruth B. Balser, Kip A. Diggs, Jeffrey R. Turco, Carmine L. Gentile, Elizabeth A. Malia, Steven S. Howitt, John J. Mahoney, Tami L. Gouveia, Daniel M. Donahue, Colleen M. Garry, and Joseph F. Wagner.

Senators Urge Convening of Special Session to Address Economic Development Bill

(Boston – 08/22/2022) On Friday, a bipartisan group of 13 Massachusetts State Senators sent a letter to Senate President Karen Spilka urging her to convene a special session to pass a final version of the stalled economic development bill. This legislation includes critical investments in the Commonwealth, including bond authorizations for capital projects in communities and vital tax relief for constituents.

The House and Senate passed its own version of the economic development bill during formal session, but the differences were not reconciled before the chambers adjourned on the final day. While the Senate is able to pass bills during informal session, between the end of the 2021-2022 term and the beginning of the 2023-2024 term, doing so requires unanimous agreement among legislators and could be derailed by just a single dissenting member. Bond authorizations also require a roll call vote, which must occur during a formal session.

“This economic development bill provides crucial funds for countless communities, programs, and industries – not to mention desperately needed tax relief for individuals and families,” said Senator Michael Moore (D-Millbury) following the release of the letter. “We owe it to our constituents to reconvene and get this bill passed.”

In the letter to the Senate President, signatories state, “We recognize that action by the House will be required and appreciate your public comments in support of reconciling the differences between the House and Senate bills. We believe the Senate should continue to demonstrate that it stands ready to act on this bill without risk of delay from the objection of a single lawmaker.”

The economic development bill provided much-needed tax relief for constituents, including tax rebates of $250 for certain individuals and $500 for certain joint filers. It also provided tax relief to seniors, renters, low to middle income residents, and those with children or dependents.

“Now more than ever, at a time when residents need extra support, and the Commonwealth has the resources to provide such support, we must take action,” said Senator Moore.

The letter is signed by Senators Michael O. Moore (D-Millbury), Anne M. Gobi (D-Spencer), Patrick M. O’Connor (R-Weymouth), Walter F. Timilty (D-Milton), Diana DiZoglio (D-Methuen), Ryan C. Fattman (R-Sutton), Edward J. Kennedy (D-Lowell), Harriette L. Chandler (D-Worcester), Michael D. Brady (D-Brockton), Susan L. Moran (D-Falmouth), John C. Velis (D-Westfield), Paul R. Feeney (D-Foxborough), and Marc R. Pacheco (D-Taunton).

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Legislature Passes Landmark Mental Health Reform

(BOSTON – 08/01/2022) The Massachusetts Senate and House passed the Mental Health ABC Act: Addressing Barriers to Care (ABC), comprehensive legislation to continue the process of reforming the way mental health care is delivered in Massachusetts, with the goal of ensuring that people get the mental health care they need when they need it. 

The Mental Health ABC Act is driven by the recognition that mental health is as important as physical health for every resident of the Commonwealth and should be treated as such. The final conference report proposes a wide variety of reforms to ensure equitable access to mental health care and remove barriers to care by supporting the behavioral health workforce.  

“Many Massachusetts families know all too well how difficult it can be to access mental health care services. Barriers such as unaffordable out-of-pocket cost, far-away providers, and convoluted referral pathways can put essential care out of reach for individuals and families throughout the Commonwealth,” said Senator Michael Moore (D-Millbury). “The Mental Health ABC Act represents a colossal leap forward in mental health care access for Bay Staters. I’m proud to have voted to send this legislation to the Governor’s desk because it is past time that we recognize mental health care as essential to overall well-being.”

The following is an overview of The Mental Health ABC Act:

Guaranteeing Annual Mental Health Wellness Exams. A cornerstone of this reform is the idea that a person’s mental health is just as important as a person’s physical health. This bill would codify this principle by mandating coverage for an annual mental health wellness exam, comparable to an annual physical. 

Enforcing Mental Health Parity Laws. This bill provides the state with better tools to implement and enforce parity laws by creating a clear structure for the Division of Insurance to receive and investigate parity complaints and ensure their timely resolution. Other tools include parity enforcement for commercial, state-contracted and student health insurance plans, increased reporting and oversight of insurance carriers’ mental health care coverage processes and policies, and reasonable penalties and alternative remedies for when an insurance company does not comply with the law. 

Initiatives to Address Emergency Department Boarding. For many people with acute mental health needs, the only place to get help is an emergency department (ED). Unfortunately, these patients may wait days, weeks, and even months for more appropriate admission to an inpatient psychiatric unit or less acute level of care. This is referred to as ‘boarding,’ which continues to rise dramatically. This legislation tackles this by creating online portals that provide access to real-time data on youth and adults seeking mental health and substance use services and includes a search function that allows health care providers to easily search and find open beds using several criteria; requiring the Health Policy Commission (HPC) to prepare and publish a report every three years on the status of pediatric behavioral health as the youth boarding crisis is particularly acute; requiring the Center for Health Information and Analysis (CHIA) to report on behavioral health needs; updating the expedited psychiatric inpatient admissions (EPIA) protocol and creating an expedited evaluation and stabilization process for patients under 18; codifying in statute the working group tasked with implementing the EPIA in law. 

988 Implementation and 911 Expansion. This legislation increases access to immediate behavioral health care through the implementation of the nationwide 988 hotline to access 24/7 suicide prevention and behavioral health crisis services. This legislation also expands 911 to bridge the gap until 988 is implemented by increasing training, funding, and capacity for regional emergency responses to behavioral health crises.

Red Flag Laws and Extreme Risk Protection Orders. This bill initiates a public awareness campaign on the Commonwealth’s red flag laws and extreme risk protection orders (ERPOs) that limit access to guns for people at risk of hurting themselves or others. 

Reimbursing Mental Health Providers Equitably. Mental health and primary care providers are reimbursed at different rates for the same service. The bill seeks to level the playing field for reimbursement to mental health providers by requiring an equitable rate floor for evaluation and management services that is consistent with primary care. 

Reforming Medical Necessity and Prior Authorization Requirements. This bill mandates coverage and eliminates prior authorization for mental health acute treatment and stabilization services for adults and children. It also establishes a special commission to bring all stakeholders to the table to study and make recommendations on the creation of a common set of medical necessity criteria to be used by health care providers and insurance carriers for mental health services. 

Creating a Standard Release Form. Behavioral health providers struggle in the era of electronic health records and care coordination to create systems that simultaneously protect an individual’s right to consent to share sensitive health information and allow practitioners to access the information they need to treat the individual and coordinate care. This bill directs the development of a standard release form for exchanging confidential mental health and substance use disorder information to facilitate access to treatment by patients with multiple health care providers. 

Increasing Access to Emergency Service Programs. Emergency Service Programs (ESPs), which are community-based and recovery-oriented programs that provide behavioral health crisis assessment, intervention, and stabilization services for people with psychiatric illness, are currently covered by MassHealth. The bill would require commercial insurance companies to cover ESPs as well. 

Expanding Access to the Evidence-Based Collaborative Care Model. The collaborative care model delivers mental health care in primary care through a team of health care professionals, including the primary care provider, a behavioral health care manager, and a consulting psychiatrist. This evidence-based access to mental health care has proven effective, less costly, and less stigmatizing. The bill would expand access to psychiatric care by requiring the state-contracted and commercial health plans to cover mental health and substance use disorder benefits offered through the psychiatric collaborative care model. 

Reviewing the Role of Behavioral Health Managers. Some insurance companies have subcontracted mental health benefits to specialty utilization management companies for years with mixed results. The bill directs the Health Policy Commission, in consultation with the Division of Insurance, to study and provide updated data on the use of contracted mental health benefit managers by insurance carriers, often referred to as ‘carve-outs.’

Tracking and Analyzing Behavioral Health Expenditures. This bill includes a critical first steps toward incentivizing greater investments in mental health care within the analysis of statewide health care cost growth. Specifically, the bill directs the Center for Health Information and Analysis (CHIA) to define and collect data on the delivery of mental health services to establish a baseline of current spending.

Establishing an Office of Behavioral Health Promotion. Current behavioral health promotion activities are spread across state agencies. This dilutes the responsibility for mental health promotion and focus on the issues and undermines the important work being done. The bill establishes an Office of Behavioral Health Promotion within the Executive Office of Health and Human Services (EOHHS) to coordinate all state initiatives that promote mental, emotional, and behavioral health and wellness for residents. The new office is tasked with tailoring mental health messaging and intervention to veterans and first responders. It also creates a student advisory council to guide the office on meeting the mental health needs of the Commonwealth’s students.

Increasing Access to Care in Geographically Isolated Areas. This bill directs the Department of Mental Health (DMH) to consider factors that may present barriers to care—such as travel distance and access to transportation—when contracting for services in geographically isolated and rural communities. 

Enhancing School-based Behavioral Health Services and Programming. This bill improves the wellness of young people by enhancing school-based behavioral health supports and increasing access points for effective behavioral health treatment by limiting the use of suspension and expulsion in all licensed early education and care programs and creating a statewide program to help schools implement school-based behavioral health services.

Increasing Access Points for Youth for Effective Behavioral Health Treatment. To support treatment accessibility for young people, this bill requires behavioral health assessments and referrals for children entering the foster care system.

Expanding Insurance Coverage for Vulnerable Populations. Critically, this legislation implements a technical fix to ensure individuals over 26 years old who live with disabilities can remain on their parents’ health insurance.

Creating a Roadmap on Access to Culturally Competent Care. Under this provision, an interagency health equity team under the Office of Health Equity, working with an advisory council, will make annual recommendations for the next three years to improve access to, and the quality of, culturally competent mental health services. Paired with the Legislature’s ARPA investment of $122 million in the behavioral health workforce through loan repayment assistance programs, this roadmap will make great strides toward building a robust workforce reflective of communities’ needs. 

Allows for an Interim Licensure for Licensed Mental Health Counselors. The bill creates an interim licensure level for Licensed Mental Health Counselors (LMHCs) so that they can be reimbursed by insurance for their services and be eligible for state and federal grant and loan forgiveness programs, further increasing the number of licensed providers able to serve patients. 

Expanding Mental Health Billing. This bill allows clinicians practicing under the supervision of a licensed professional and working towards independent licensure to practice in a clinic setting. This will help to ensure quality training and supervision and encourage clinicians to stay practicing in community-based settings. 

Updating the Board of Registration of Social Workers. The bill updates the membership of the Board of Registration of Social Workers to clarify that designees from the Department of Children and Families (DCF) and Department of Public Health (DPH) be licensed social workers. 

Having passed both Senate and the House of Representatives, this legislation will be laid before the Governor for his consideration. 

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Massachusetts Legislature Passes Legislation to Foster Greater Equity in Cannabis Industry

(BOSTON – 08/01/2022) The Massachusetts Legislature passed legislation, An Act relative to equity in the cannabis industry, that encourages and facilitates participation in the cannabis industry from communities disproportionally harmed by marijuana criminalization by creating a Social Equity Trust Fund. The bill also strengthens the host community agreement process and clarifies procedures for permitting social consumption sites.

“In 2016, Massachusetts voted to bring our state’s cannabis industry out of the shadows and into a legal market where products could be regulated, taxed, and legally consumed. While social equity in the legal cannabis industry had been a goal of the legalization movement from the start, unfortunately that reality did not come to fruition as many had hoped,” said Senator Michael Moore (D-Millbury). “This bill is focused on righting the wrongs of the era of marijuana prohibition by allowing past cannabis convictions to more easily be expunged and creating new pathways for Bay Staters and communities that have historically been disproportionately harmed by the war on drugs to enter the legal cannabis industry. While there is still more work to do, I am proud of the efforts made by the legislature in this bill to create a more equitable cannabis industry.”

Establishes the Cannabis Social Equity Trust Fund

This legislation creates a trust fund to make grants and loans to social equity program participants and economic empowerment priority applicants, which will give entrepreneurs from communities that have been disproportionately harmed by marijuana prohibition and enforcement better access to grants and loans to get their businesses off the ground.

Fifteen per cent of the revenue collected from the sale of marijuana and marijuana products must be transferred to the Cannabis Social Equity Trust Fund, which will be administered by the Executive Office of Housing and Economic Development (EOHED), in consultation with a newly created Cannabis Social Equity Advisory Board.

Clarifies the host community agreements process

The legislation clarifies the Cannabis Control Commission’s (CCC) role in reviewing and approving host community agreements (HCA), which are executed between marijuana businesses and their host municipalities. It authorizes the Commission to prioritize social equity program businesses and economic empowerment priority applicants for expedited review.

The legislation also clarifies the scope of HCAs and adds new criteria, such as:

·       No host community agreement can include a community impact fee that is beyond the business’s eighth year of operation.

·       The community impact fee must be reasonably related to the actual costs required to operate a cannabis business in a community.

·       The CCC must review and approve each host community agreement as part of the license application and renewal process.

·       All host communities must establish procedures and policies to encourage full participation in the regulated marijuana industry by people from communities that have been disproportionately harmed by marijuana prohibition and enforcement.

Clarifies the local social consumption approval process

The social consumption policy, which would allow the sale of marijuana and marijuana products for consumption on the premises where sold, is authorized by existing law. However, this legislation amends it to ensure proper procedures are taken regarding local initiative petitions. Under this legislation, as an alternative to local initiative petitions, a city or town may also allow for social consumption sites through the passage of a by-law or ordinance.

Expedites the expungement process

For individuals seeking to expunge a record for previous offenses that are now decriminalized, this legislation requires the court to order the expungement of the record within 30 days of the request and expunge records for possession of marijuana or distribution of marijuana based on the now legal amount.

Having been passed by the Senate and the House, An Act relative to equity in the cannabis industry now goes to the Governor for his signature.

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Senate Passes Judicial Modernization and Gun License Reform Legislation

(BOSTON – 07/31/2022) The Massachusetts State Senate on Saturday passed legislation to modernize aspects of the Massachusetts court system, including by closing loopholes around the Commonwealth’s gun laws. The bill supports Massachusetts courts’ increased use of technology in courtroom proceedings by investing in information technology for the judiciary branch and allowing certain administrative proceedings to be done electronically. Following renewed national scrutiny of state gun control laws in the wake of mass shootings and the Supreme Court’s decision to strike down gun control legislation in the state of New York, this bill also takes steps to strengthen Massachusetts’ gun control laws.

“Massachusetts’ court system has been due for modernization for years now. This Judiciary IT bill gives the courts the resources they need to step into the 21st century, making our criminal justice system more equal and accessible to all Bay Staters,” said Senator Michael Moore (D-Millbury). “This bill also revises the Commonwealth’s gun laws to comply with the Supreme Court’s recent ruling. Our state has a long history of protecting our communities from gun violence while ensuring law-abiding citizens can still exercise their 2nd Amendment rights. I’m proud of the legislature for taking quick action to maintain these protections.”

In Massachusetts, a license to carry is generally required in order to own a firearm. While adjusting Massachusetts laws to comply with the Supreme Court ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, this legislation establishes new restrictions on who can receive a license to carry. The bill prohibits a person who is subject to a harassment prevention order, also known as a restraining order, from obtaining a license to carry. In addition to addressing applicants for a firearm license themselves, the bill also creates new responsibilities for licensing authorities by requiring them to deny any application or renewal for a license to carry if the applicant is determined to pose a public safety risk.

Particularly since the beginning of the COVID-19 pandemic, courts across Massachusetts have relied on conferencing technology to continue providing access to justice while also protecting the public’s health. More recently, hybrid arrangements have increased in-person court participation. To support technological solutions capable of improving court performance in this new landscape, this bill authorizes $164 million in bond obligations to improve and modernize the information technology infrastructure of the Supreme Judicial Court, Appeals Court, Trial Court and departments of the Trial Court.

Included in this bill are the following bond authorizations:

·       $94 million to establish digital courthouses and courtrooms

·       $35 million to establish modern security systems in the judiciary

·       $35 million to modernize technology for court administrative operations

Additionally, the bill includes changes to encourage courts’ utilization of information technology. The bill allows courts to have certain documents be signed and stored electronically. Courts would be allowed to electronically imprint their seal.

Having previously passed the House of Representatives, the bill goes to the Governor for his consideration.

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Senate Passes the SAVE Students Act

(BOSTON–07/30/2022) The Massachusetts State Senate on Friday passed An Act relative to safety and violence education for students, also known as the SAVE Students Act, to strengthen school safety and protect students from being harmed. To address the issues of school violence and teen suicide, the bill expands violence prevention and suicide awareness programming in schools, creates an anonymous reporting system for tips related to student safety concerns, and tasks the Department of Elementary and Secondary Education (DESE) with developing a model threat assessment policy for responding to dangerous activity.

“The safety of our children while they are at school should be a given. Unfortunately, the horrifying tragedies we’ve lived through in Uvalde, Parkland, Sandy Hook, and countless others have shown the need for more comprehensive services to be available to prevent the next school shooting,” said Senator Michael Moore (D-Millbury). “We must also recognize the need for better-equipped mental health services for students struggling with depression, anxiety, and other mental health concerns. The SAVE Students Act will help us create a safer environment for our kids and help us better understand how to meet the needs of students who are struggling. I’m proud of the Massachusetts Senate for taking action on such an important issue.”

This session, Senator Finegold developed the SAVE Students Act in partnership with Sandy Hook Promise, a nonprofit created to teach the warning signs of potential violence and led by those whose loved ones were killed in the mass shooting at Sandy Hook Elementary School.

“Research proves that the most effective way to prevent school shootings, violence, and suicide is teaching youth and adults the warning signs and how to get help” said Mark Barden, co-founder and CEO of the Sandy Hook Promise Action Fund, and father of Daniel who was killed in the Sandy Hook Elementary tragedy. “We are grateful to Senator Finegold for doing all he can to make lifesaving violence prevention training available to Massachusetts students.”

The SAVE Students Act is a response to two concurrent crises: a school shooting crisis and a youth mental health crisis. In the past 25 years, over 310,000 students have been exposed to gun violence during school, and more than 185 students, educators and other personnel have been shot and killed. In addition, between 2007 and 2018, suicide rates rose by more than 57 per cent for those aged 10 to 24. The SAVE Students Act complements the Legislature’s ongoing efforts on comprehensive gun safety and behavioral health reforms.

The SAVE Students Act tasks the Executive Office of Health and Human Services (EOHHS) with establishing a 24/7 crisis center able to receive anonymous tips submitted through a mobile app, website, or toll-free telephone line. The anonymous reporting program would enable students to come forward safely with tips about dangerous or life-threatening activity. If the department receives a credible threat, it will work with the relevant schools and law enforcement agencies to address the threat. Many other states already operate similar reporting programs, which have helped prevent suicide, self-harm, and planned school attacks.

The bill also couples its anonymous reporting program with accompanying educational curricula to address student violence, social isolation, and self-harm. EOHHS would disseminate program awareness materials and violence prevention trainings to schools, with trainings emphasizing the importance of taking threats seriously and teaching students how to identify warning signs. The legislation requires that the DESE publicize lists of available social inclusion and suicide awareness programming. Under the bill, schools would not be mandated to adopt this programming but would report annually about whether they do. These reports would help target outreach to communities that need additional support.

Furthermore, the SAVE Students Act requires DESE to develop a model threat assessment policy for middle and high schools. According to the Department of Homeland Security, four out of five students who perpetrate school shootings give prior indications that they intend to do so. DESE’s model policy would guide schools to have specific protocols for identifying and intervening against potentially dangerous situations, in collaboration with other community stakeholders.

Having passed the Senate, the SAVE Students Act will now go on to the House of Representatives for further consideration.

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Massachusetts Legislature Passes Veterans’ Home Governance Legislation

(BOSTON–07/28/2022) The Massachusetts Legislature today passed An Act relative to the governance, structure and care of veterans at the Commonwealth’s veterans’ homes which makes key reforms to the governance structure of the state’s veterans’ homes, ensures that both homes are federally licensed as health care facilities, mandates increased state management, and provides independent oversight and accountability of veterans’ homes management. Following the tragedy at the Holyoke Veterans’ Home in 2020, which resulted in the COVID-19 related deaths of 78 veterans, the Legislature established the Special Joint Oversight Committee on the veterans’ Home in Holyoke COVID-19 Outbreak to investigate and make recommendations which resulted in this legislation. 

“The deaths of 78 Veterans at the Holyoke Veterans’ Home during the 2020 COVID-19 outbreak was a horrific tragedy that shouldn’t have happened,” said Senator Michael Moore (D-Millbury). “This legislation makes significant reforms to these homes’ governance systems that will better identify signs of mismanagement and inadequate care before it results in tragedy. Our Vets deserve the best care the Commonwealth has to offer, and this bill will allow us to better fulfill our obligations to the men and women who served our country.”

The legislation creates a direct line of authority by creating a Secretary of Veterans’ Services position, with a corresponding executive office in the Commonwealth, as the ultimate appointing authority of the superintendents of the two state-operated homes. It also creates a newly constituted 19-member Veterans’ Homes Council to advise the Secretary to ensure the health and well-being of veteran residents. The council is tasked with reviewing and approving the local Board of Trustees’ nomination for superintendent of their respective home before submitting the final candidate to the Secretary for consideration of appointment.

The legislation also makes the superintendent the administrative head of a state-operated veterans’ home, prescribing them with concrete responsibilities. It includes critical qualifications for the role, requiring that the individual selected be a licensed nursing home administrator, and be a veteran or have experience in the management of veterans in a long-term care or nursing home facility. The medical director of each state-operated veterans’ home will recommend to the superintendent all medical staff, physicians, and nurses at the respective home for their review for hiring.

To further protect the health and safety of residents and staff, the report requires all state-operated veterans’ homes be licensed as nursing homes by the Department of Public Health (DPH), a provision that was not previously enforced in state law. It also directs the department to conduct inspections of the homes biannually—and monthly during a declared state of emergency—with a timeframe for when violations must be resolved. Each state-operated veterans’ home must apply and maintain certification from the Centers for Medicare and Medicaid Services (CMS) to participate in such programs on behalf of their residents, as well as adhere to federal guidelines for trauma-informed care.

The comprehensive bill also reaffirms the role of the Executive Director of Veterans’ Homes and Housing, who will now oversee the Veterans’ Home Council as chair, in addition to their other responsibilities. The report goes further in enhancing the care of all veterans in the Commonwealth by creating an Office of the Veteran Advocate, appointed by the Governor, Attorney General and State Auditor, independent of any supervision control by an executive agency, to guarantee veterans residing in the state are always receiving services in a humane and dignified manner. The legislation also establishes the position of ombudsperson for each veterans’ home to advocate on behalf of the residents and staff at the home.

In May 2021, the Legislature approved a $600 million bond authorization—with $400 million for the construction of an updated Holyoke Veterans' Home facility and $200 million to increase geographic equity and accessibility for veterans not primarily served by the veterans’ homes in Chelsea or Holyoke.

Having been passed by the House and Senate, An Act relative to the governance, structure and care of veterans at the Commonwealth’s veterans’ homes now goes to Governor Baker for his signature. 

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Massachusetts Legislature Passes Veterans’ Home Governance Legislation

(BOSTON–07/28/2022) The Massachusetts Legislature today passed An Act relative to the governance, structure and care of veterans at the Commonwealth’s veterans’ homes which makes key reforms to the governance structure of the state’s veterans’ homes, ensures that both homes are federally licensed as health care facilities, mandates increased state management, and provides independent oversight and accountability of veterans’ homes management. Following the tragedy at the Holyoke Veterans’ Home in 2020, which resulted in the COVID-19 related deaths of 78 veterans, the Legislature established the Special Joint Oversight Committee on the veterans’ Home in Holyoke COVID-19 Outbreak to investigate and make recommendations which resulted in this legislation. 

“The deaths of 78 Veterans at the Holyoke Veterans’ Home during the 2020 COVID-19 outbreak was a horrific tragedy that shouldn’t have happened,” said Senator Michael Moore (D-Millbury). “This legislation makes significant reforms to these homes’ governance systems that will better identify signs of mismanagement and inadequate care before it results in tragedy. Our Vets deserve the best care the Commonwealth has to offer, and this bill will allow us to better fulfill our obligations to the men and women who served our country.”

The legislation creates a direct line of authority by creating a Secretary of Veterans’ Services position, with a corresponding executive office in the Commonwealth, as the ultimate appointing authority of the superintendents of the two state-operated homes. It also creates a newly constituted 19-member Veterans’ Homes Council to advise the Secretary to ensure the health and well-being of veteran residents. The council is tasked with reviewing and approving the local Board of Trustees’ nomination for superintendent of their respective home before submitting the final candidate to the Secretary for consideration of appointment.

The legislation also makes the superintendent the administrative head of a state-operated veterans’ home, prescribing them with concrete responsibilities. It includes critical qualifications for the role, requiring that the individual selected be a licensed nursing home administrator, and be a veteran or have experience in the management of veterans in a long-term care or nursing home facility. The medical director of each state-operated veterans’ home will recommend to the superintendent all medical staff, physicians, and nurses at the respective home for their review for hiring.

To further protect the health and safety of residents and staff, the report requires all state-operated veterans’ homes be licensed as nursing homes by the Department of Public Health (DPH), a provision that was not previously enforced in state law. It also directs the department to conduct inspections of the homes biannually—and monthly during a declared state of emergency—with a timeframe for when violations must be resolved. Each state-operated veterans’ home must apply and maintain certification from the Centers for Medicare and Medicaid Services (CMS) to participate in such programs on behalf of their residents, as well as adhere to federal guidelines for trauma-informed care.

The comprehensive bill also reaffirms the role of the Executive Director of Veterans’ Homes and Housing, who will now oversee the Veterans’ Home Council as chair, in addition to their other responsibilities. The report goes further in enhancing the care of all veterans in the Commonwealth by creating an Office of the Veteran Advocate, appointed by the Governor, Attorney General and State Auditor, independent of any supervision control by an executive agency, to guarantee veterans residing in the state are always receiving services in a humane and dignified manner. The legislation also establishes the position of ombudsperson for each veterans’ home to advocate on behalf of the residents and staff at the home.

In May 2021, the Legislature approved a $600 million bond authorization—with $400 million for the construction of an updated Holyoke Veterans' Home facility and $200 million to increase geographic equity and accessibility for veterans not primarily served by the veterans’ homes in Chelsea or Holyoke.

Having been passed by the House and Senate, An Act relative to the governance, structure and care of veterans at the Commonwealth’s veterans’ homes now goes to Governor Baker for his signature.  

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Massachusetts Legislature Passes Comprehensive Legislation Protecting Access to Reproductive and Gender-Affirming Care

(BOSTON–07/26/2022) Today, the Massachusetts Legislature passed comprehensive legislation designed to further protect and expand reproductive health care and gender-affirming services in the Commonwealth. Although abortion remains legal in Massachusetts due to the Legislature’s efforts to codify and expand access to reproductive rights in 2020, the Legislature today took additional action to further protect these rights and establish additional safeguards following the U.S. Supreme Court’s decision to overturn Roe v. Wade. The legislation, An Act expanding protections for reproductive and gender-affirming care, provides legal protections to abortion providers, out-of-state patients, and insurers; expands access to contraceptives; and helps ensure that women who face grave circumstances after 24 weeks of pregnancy are not forced to leave Massachusetts to access reproductive health care services.

“As reproductive rights and gender-affirming care is attacked in states across the nation through disturbing rhetoric and callous laws, Massachusetts is providing a shining beacon of hope for pregnant and transgender people seeking the essential healthcare they need,” Senator Michael Moore (D-Millbury) said. “This legislation recognizes that healthcare is healthcare, and I’m proud to have voted to enshrine this principle into law. I hope that the Bay State’s work will serve as a model for other states to follow to protect patients and the providers who care for them.”

An Act expanding protections for reproductive and gender-affirming care:

●      Designates reproductive health care and gender-affirming services as legally protected health care

●      Reaffirms that access to reproductive health care and gender-affirming services are a right secured by the constitution and laws of the Commonwealth

●      Requires insurance coverage for abortion and abortion-related care without being subject to deductibles, coinsurance, copayments, or other cost-sharing requirements. Forbids MassHealth from charging deductibles, coinsurance, copayments, or other cost-sharing requirements for pre-natal, childbirth, and post-partum care

●      Updates language from the 2020 ROE Act to help ensure that patients over 24 weeks of pregnancy are able to receive an abortion in Massachusetts because of a grave fetal diagnosis that indicates the fetus is incompatible with sustained life outside of the uterus without extraordinary medical interventions and requires that those decisions are made between the patient and their treating physician

●      Requires the Department of Public Health (DPH) to issue a statewide standing order to authorize licensed pharmacists to dispense emergency contraception

●      Clarifies that vending machines may dispense over-the-counter drugs, such as Plan B

●      Ensures access to medication abortion on all public college and university campuses

●      Allows individuals engaged in the provision, facilitation, or promotion of reproductive and gender-affirming health care to enroll in the Secretary of the Commonwealth’s Address Confidentiality Program (ACP)

●      Protects providers and out-of-state patients in Massachusetts by:

○      Prohibiting the Boards of Registration of various health professions from disciplining or taking adverse action on an application for registration of any person who assists with reproductive health care or gender-affirming services

○      Prohibiting Massachusetts law enforcement from assisting any investigation by federal authorities, another state, or private citizens related to legally protected reproductive and gender-affirming health care provided in the Commonwealth

○      Prohibiting medical malpractice insurers from discriminating against a provider that offers reproductive or gender-affirming health care services

○      Protecting Massachusetts residents from efforts to enforce court rulings from other states based on health care activity that is legally protected in Massachusetts

○      Prohibiting any Massachusetts court from ordering a person in Massachusetts to give testimony or produce documents for use in connection with any proceeding in an out-of-state tribunal concerning legally protected health care activity

○      Protecting Massachusetts residents and providers from lawsuits seeking to penalize health care activities legally protected in Massachusetts

○      Prohibiting a justice from issuing a summons for a person in Massachusetts to testify or appear in a court in another state in prosecutions or grand jury investigations related to legally protected health care activity

○      Preventing the Governor from extraditing someone to another state to face charges for receiving or providing abortion-related or gender-affirming care, except when required by federal law or unless the acts forming the basis of the investigation would also constitute an offense if occurring entirely in Massachusetts

Having been passed by the House and Senate, An Act expanding protections for reproductive and gender-affirming care now goes to Governor Baker for his signature.

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Legislature Sends Landmark Anti-Poaching Legislation to Governor’s Desk

(BOSTON – 07/26/2022) On Tuesday, the Massachusetts State House of Representatives joined the Senate in passing S.2993, An Act further regulating the enforcement of illegal hunting practices. This bipartisan legislation will increase fines and criminal penalties levied on offenders who exploit wildlife in Massachusetts, and join the Interstate Wildlife Violators Compact, a nationwide cooperative agreement to share information related to violators of anti-poaching laws and hold poachers accountable regardless of where they committed their offense.

“It has been nearly a century since many of the Commonwealth’s anti-poaching laws were last updated. The absence of action on anti-poaching laws has resulted in outdated penalties that result in no more than a slap on the wrist for offenders,” Senator Michael Moore (D-Millbury) said. “This legislation finally brings our laws, fines, and penalties into line with other states. It also brings Massachusetts into the Interstate Wildlife Violator Compact, a nationwide law enforcement network that allows our wildlife protection agencies to share information about poachers with other states. With the passage of this legislation, Massachusetts is making it clear that we will no longer be a safe haven for those who wish to do harm to our wildlife, marine life, and ecosystems.”

“We are grateful that the Senate took this great step forward to stop the illegal killing of wildlife in Massachusetts,” said Melissa Ekvall, Senior Advocacy Outreach and Research Director of the MSPCA. “Soon, we will no longer be a ‘poacher’s paradise’ — the only state that is not a member of the Interstate Wildlife Violator Compact — hamstringing our law enforcement officers’ abilities to crack down on poachers. Joining this Compact, along with modernizing outdated poaching penalties, will bring the Commonwealth into the 21st century when it comes to protecting our wildlife.”

“Poaching is a serious problem nationwide and here in Massachusetts, threatening our wildlife and ecosystems” said Stephanie Harris, Senior Legislative Affairs Manager for the Animal Legal Defense Fund. “We are grateful to Senator Mike Moore for his leadership and to the Senate for passing legislation to end Massachusetts’ status as a safe-haven for convicted poachers who have had their hunting, trapping, or fishing licenses suspended or revoked in any of the 49 states that are already members of the Interstate Wildlife Violator Compact.”

“By joining the powerful Interstate Wildlife Violator Compact and strengthening outdated penalties for poaching our wildlife including black bears, red tailed hawks, and deer, Massachusetts will add critical resources to combat illegal and cruel hunting, trapping, and fishing in the Commonwealth and beyond,” said Laura Hagen, Massachusetts State Director for the Humane Society of the United States. “Our residents take wildlife crimes seriously, and we are grateful to the Massachusetts Senate for passing a bill that will sign us onto this this nationwide enforcement tool and protect the Commonwealth’s wild animals.”

Having been passed in the Massachusetts Senate and House of Representatives, the bill now goes to Governor Charlie Baker’s desk for his signature.

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Massachusetts Legislature Passes Major Clean Energy Bill

(BOSTON – 07/21/2022) The Massachusetts Legislature today passed a sweeping clean energy bill, An Act driving clean energy and offshore wind. The legislation bolsters green transportation, green buildings, and clean power production, including offshore wind, solar, storage and networked geothermal, while creating thousands of new jobs and economic benefits in the process. This bill builds upon the Next Generation Climate Roadmap bill, which was passed earlier this legislative session and overhauled the state’s climate laws by putting Massachusetts on a path to reach net-zero limit on greenhouse gas emissions by 2050.

“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 (D-Millbury). “One year ago, the Massachusetts legislature committed to getting the Commonwealth to net-zero emissions by 2050. With the passage of this landmark bill, we are taking another step forward in the transition to a cleaner and more sustainable future.”

Offshore wind

To incentivize the development of the offshore wind industry in Massachusetts, this legislation establishes a Massachusetts Offshore Wind Industry Investment Program, administered by the Massachusetts Clean Energy Center (MassCEC), consisting of annual tax incentives, grants, loans, and other investments through the fund, and assistance from MassCEC in accessing other state or federal economic investment programs. It also creates the Massachusetts Offshore Wind Industry Investment Trust Fund, which can be used to promote the manufacture, fabrication, and assembly of domestic supply chain components of the offshore wind industry; stimulate increased financing for permanent manufacturing facilities; advance clean energy research, technology, and innovation, and; prepare individuals for offshore wind careers by supporting workforce training at a range of educational institutions and through regional employment boards.

With the goal of making the Massachusetts offshore wind bidding process more competitive, the legislation modifies the price cap to set clear criteria to allow for offshore wind project proposals that are cost-effective and promote economic development in the Commonwealth. Under this legislation, the price cap will be removed if three or more offshore wind developers submit bids, and if less than three companies bid a modified price cap would remain in place. Preference will be given to bids that invest in local manufacturing, provide employment opportunities for underrepresented populations, and mitigate environmental impacts. Ultimately, a contract would only be approved if deemed cost-effective and beneficial to ratepayers.

The legislation also establishes a commercial fisheries commission to provide input on best practices for avoiding, minimizing, and mitigating impacts to wildlife related to offshore energy generation and transmission.

Solar energy

To support the advancement of solar power, the bill permits agricultural and horticultural land to be used to site solar panels as long as they do not impede the continued use of the land for agricultural or horticultural use, eliminates the so-called ‘donut hole’ for on-site solar energy net metering to promote residential solar, and loosens the so-called single parcel rule to help expand solar on sites where it already exists.

In addition to wind and solar power, the bill addresses other innovative sources of clean energy such as fusion energy and geothermal power. Acknowledging the harmful health and environmental impacts of utility-scale biomass power plant facilities, this legislation removes biomass from the list of energy-generating sources that are allowed to receive certain state incentives for generating clean electricity. To ensure that the Commonwealth has adequate storage systems to accommodate increasing amounts of 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.

Grid readiness

The legislation also modernizes Massachusetts’ electrical grid and energy storage infrastructure. It requires utility companies to proactively upgrade the transmission and distribution grid to improve reliability and resilience and accommodate the anticipated significant shift to renewable forms of energy.

Green 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 expanding and codifying the state’s MOR-EV electric vehicle incentive program into statute, which provides rebates to individuals who purchase electric vehicles.

Under the bill, 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. The program may include a point-of-sale rebate model for individual purchases that offers consumers savings at the point of purchase or lease. The bill also makes used vehicles eligible for rebates. Further, the bill directs the Department of Energy Resources (DOER) 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 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 vehicles for transportation network companies. In addition, to ensure that zero-emission vehicle charging remains affordable for consumers, the bill requires all electricity companies to submit proposals to DPU 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 2030, this bill requires every passenger bus that is purchased or leased by the MBTA to be a zero-emission vehicle. By the end of 2040, the MBTA will 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.

Building decarbonization

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 measure has two important provisos: first, each community must first meet certain affordable housing or multifamily development thresholds; and second, each must exempt life sciences labs and health care facilities from the all-electric requirement.

The bill 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 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.

Having been passed by the House and Senate, An Act driving clean energy and offshore wind now goes to Governor Baker for his signature.

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Senator Moore Secures $10 million Authorization for Semi-Conductor Facilities

(BOSTON – 07/21/2022) – The Massachusetts State Senate on Thursday authorized a $10 million bond toward the construction of cleanroom semi-conductor manufacturing facilities. These facilities, which would partner with major Massachusetts research universities for operations and management, would provide space for semiconductor startup companies, research and development, workforce development initiatives, semiconductor advanced packaging prototyping, and low volume production runs. This funding authorization was passed as an amendment to a broader economic development bill.

“Massachusetts has a long legacy as the birthplace of major advances in science and technology,” said Senator Michael Moore (D-Millbury). “The problem is, once these technologies are developed, they are often sent to be manufactured in facilities halfway across the world. I introduced this amendment because we are missing an incredible opportunity to manufacture semi-conductors where they are developed, right here in the Bay State. If the funding to build these cleanroom semi-conductor manufacturing facilities is approved, we will be planting the seeds of a major high-tech manufacturing boom, creating good high-paying jobs throughout the Commonwealth, and supplying the world with the computer chips they need to build the devices of the future.”

If built, these cleanroom semi-conductor manufacturing facilities will be the only facilities of their kind in the northeast region of the United States – the next closest being located in Florida and New Mexico.

“As an organization that represents all businesses throughout the Commonwealth, Associated Industries of Massachusetts (AIM) is thrilled to see the Senate recognize and support the need for local semiconductor manufacturing,” said Brooke Thomson, AIM’s Executive Vice President of Government Affairs. “This will enhance and strengthen the Massachusetts economy at a critical time. We are grateful to Senator Moore for championing this critical issue.” 

“This investment will help build critical facilities for Massachusetts’ semiconductor industry,” said Massachusetts High Technology Council President, Chris Anderson. “The funding will go towards much-needed cleanroom space for semiconductor startups, workforce development training, and other purposes to boost production and technical training in one of the Commonwealth’s most important technology sectors.”

These semi-conductor manufacturing facilities will leverage Department of Defense grants, federal funding such as the CHIPS Act, and local semi-conductor industry support for ongoing production and operations cost. A location will be selected after the passage of the bill.

The House having already passed a version of the economic development bill, this legislation now goes to a conference committee to align on final language.

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Senate Passes Legislation to Promote Economic Growth and Give Residents Relief

(BOSTON – 07/21/2022) On Thursday, the Massachusetts State Senate passed a $4.57 billion spending package to promote economic development in the Commonwealth and give relief to residents facing the continued effects of the COVID-19 pandemic and economic turbulence. The bill includes a broad-based tax relief package that will result in permanently lower taxes for many households and hundreds of thousands of residents receiving rebates from the state. The bill targets investment to sectors such as health care, housing, early education, agriculture, and tourism, which have been impacted by economic uncertainty. The bill also pursues economic growth by investing in climate resiliency, public lands, and clean energy.

“Massachusetts families are facing rising costs and tighter budgets every day,” said Senator Michael Moore (D-Millbury). “Today, the Senate passed a wide-ranging bill focused on reducing the tax burden on working families and spurring economic development across the Commonwealth – actions that will make a meaningful difference to Bay Staters. I’m also pleased to share the amendments I was able to pass for the communities in the Second Worcester District.”

The amendments passed by Senator Moore include:

·       $100,000 to purchase wayfinding signs and banners for Auburn

·       $100,000 to purchase firefighter radios for Grafton

·       $75,000 to fund improvements to the facades of small businesses in Shrewsbury

·       $90,000 to purchase wayfinding signs for Westborough

·       $750,000, in collaboration with Senator Harriette Chandler, to fund the Greendale Initiative project in Worcester

·       $100,000 to fund Centro Las Americas’ food pantry program in Worcester

·       $35,000 to fund Dismas House in Worcester

·       $100,000 bond to fund the Blackstone Valley EdHub Collaborative Workforce Pipeline

·       $150,000 bond to fund Veterans Inc

·       $2 million bond to fund the Otis Street Regional Improvement Project

·       $1 million bond to fund the construction of affordable housing in Grafton

·       $1 million bond to fund the Massachusetts Food Trust Program

·       $10 million bond to fund the construction of cleanroom semiconductor manufacturing facilities

Tax Relief

This legislation includes $501 million in comprehensive tax relief for lower-and middle-income families, children, seniors, and renters and $510 million in one-time payments to middle-income filers. Notably, $250 in direct relief payments, would be sent in September 2022 to all single-filing taxpayers who earned between $38,000 and $100,000 in 2021, and $500 would be sent to married couples who earned between $38,000 and $150,000 that same year. Businesses would see relief through an investment of $100 million in the state’s Unemployment Compensation Fund.

The bill would further provide permanent tax relief by:

·       Increasing state matching of the earned income tax credit (EITC) from 30 per cent to 40 per cent of the federal credit, which supports low-income families

·       Increasing existing child and dependent tax credits from $180 to $310 per child or dependent and removing the cap on the number of eligible children and dependents

·       Increasing the rental deduction cap from $3,000 to $4,000, supporting renters

·       Increasing the senior circuit breaker tax credit cap from $1,170 to $2,340, supporting senior citizens and individuals who care for them

·       Increasing the Housing Development Incentive Program (HDIP) tax credit annual cap from $10,000,000 to $30,000,000, which helps Gateway Cities expand the diversity of available housing and promote neighborhood stabilization

·       Exempting estates valued under $2,000,000 from the estate tax and eliminating the ‘tax cliff’ by establishing a uniform credit of $99,600

Appropriations

The bill invests $965 million for health and humans services programs, including:

·       $400 million for hospitals that have become fiscally strained during the pandemic

·       $250 million for rate increases for human service providers

·       $195 million for nursing facilities and rest homes

·       $80 million for Community Health Centers

·       $22.5 million to reduce gun violence and related trauma throughout the Commonwealth, including:

o   $5 million for a grant program to support school safety infrastructure improvements

o   $2.5 million to provide behavioral health-related supports and resources in schools to reduce instances of gun violence

·       $17.5 million for reproductive and family planning services

It also invests $610 million for environmental and climate resiliency initiatives, including:

·       $150 million for the Massachusetts Clean Water Trust

·       $125 million for the conservation and improvement of publicly owned lands, and otherwise conserved lands

·       $125 million for the Massachusetts Clean Energy Center to accelerate the transition to and expansion of renewable energy

·       $100 million for ports and port infrastructure to support the clean energy economy

·       $100 million to promote and accelerate the adoption of electric vehicles, through the MOR-EV program as well as expanded electric vehicle charging infrastructure

It further invests $400 million for promoting the production of affordable housing, including:

·       $150 million to support the production of workforce housing

·       $150 million for the Affordable Housing Trust Fund

·       $100 million for the CommonWealth Builder Program

The bill also includes a significant investment of $150 million for early education and care providers through the continuation of the Commonwealth Cares for our Children (C3) stabilization grant program.

The bill also creates a new scholarship program, funded at $50 million, to promote the attainment of debt-free higher education for students pursuing careers in high-demand industries, such as health care, education, and cybersecurity.

Bond Authorizations

The bill authorizes $1.4 billion in capital expenditures, including:

·       $400 million for the MassWorks Infrastructure Program, which provides grants to municipalities and other public entities for infrastructure project

·       $373 million for the Massachusetts Technology Park Corporation (MassTech), which strengthens the competitiveness of the tech and innovation economy in Massachusetts by driving strategic investments and partnerships, including:

o   $75 million for a robotics capital program

o   $25 million for a program to support minority owned and operated start-ups

·       $268.8 million for housing related investments, including:

o   $95.2 million for housing authority capital improvements

o   $73.1 million for the Housing Stabilization and Investment Trust Fund

o   $29.5 million for the Housing Innovations Trust Fund

o   $11.7 million for the development of low- and moderate-income housing

·       $50 million for matching funds to improve broadband infrastructure

·       $50 million for a program to revitalize underutilized properties

·       $30 million for the Massachusetts Manufacturing Innovation Initiative, which supports innovation within the state’s manufacturing industry, including by offering technical assistance to manufacturers and attracting talent from outside of the state

·       $24 million for the Scientific and Technology Research and Development Matching Grant Fund

·       $10 million for the Rural and Small-Town Development Fund

·       $10 million for Tourism Destination Development Grants

·       $5 million for community planning grants

Additional Policy Items

The bill also establishes the following new programs and institutions:

·       A Center for Employee Ownership within the Massachusetts Office of Business Development (MOBD), as well as an advisory board on employee ownership to advise the Governor and the director of the Massachusetts Center for Employee Ownership on issues and policy matters pertaining to employee involvement and ownership

·       A Cybersecurity Center and a Center for Advanced Manufacturing within the Massachusetts Technology Collaborative

·       A commission on agricultural equity to develop recommendations for supporting racially equitable investments, policies and practices for farmers

·       A trust fund for the Healthy Incentives Program (HIP), which codifies into law a program that allows people to use SNAP benefits to buy healthy, local fruits and vegetables

·       A program in the Department of Agricultural Resources to assist farmers and inform them about state programs and funding opportunities

The bill directs the Massachusetts Emergency Management Agency (MEMA) to consider and develop plans for supporting agricultural, seafood and processed food production in its emergency preparedness planning efforts and also creates a study and report on the feasibility of the sale, lease, transfer or other disposition of the Hynes Convention Center.

Amendments

A number of notable amendments were adopted during the floor debate, including those that would:

·       Assist small business owners by creating one simplified portal where businesses can apply for state grants

·       Provide Massachusetts consumers with a ‘right to repair’ their cell phones, by requiring manufacturers to make the documentation, tools, and parts needed to repair devices available to consumers and independent repair shops

·       Support the Commonwealth’s veterans by increasing the annual payment for disabled veterans and their surviving families to $3,000  

·       Establish a Hunger-Free Campus Initiative to address food insecurity on college campuses

·       Support families that have experienced housing insecurity by allowing certain tenants who have been evicted to seal the records of their eviction case

·       Ensure students can obtain academic transcripts for the courses they have completed and paid for, rather than having their entire transcript withheld for outstanding fees

·       Expand the ability of homeowners to add accessory dwelling units to their property as an innovative way to address the housing crisis

·       Allow restaurants to offer ‘happy hour’ discounts on alcoholic beverages if a town approves this policy via local option

·       Allow state candidates for public office to use campaign funds for expenses related to child care services

·       Expand the ciders that are eligible for the reduced cider tax rate, by raising the ABV limit from six per cent to eight and a half per cent

·       Empower farmer distilleries to sell wine and distilled products

A version of this legislation having previously passed the House of Representatives, a conference committee will now be appointed to address any differences between the two bills.

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Senator Moore Announces Passage of FY23 State Budget Funding

(BOSTON – 07/18/2022) - The Massachusetts Legislature on Monday unanimously passed a $52.7 billion budget for Fiscal Year 2023 (FY23). This budget upholds fiscal responsibility and makes targeted investments to strengthen the state’s economic foundation, protect the most vulnerable residents and support the everyday needs of communities and families in the Commonwealth.

“I am pleased to have voted to pass 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 include:

·       $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 increased funding will allow the Massachusetts Environmental Police to expand their educational and enforcement programs to ensure that the natural resources and marine resources of the Commonwealth remain viable for future generations to enjoy,” said Colonel Shaun Santos of the Massachusetts Environmental Police, speaking on the $500,000 of additional funding secured in the FY23 budget.

Speaking on the $25,000 grant given to Veterans Inc’s substance abuse treatment and recovery program, Vincent Perrone, Lt Col., USAF (retired), President & CEO of Veterans Inc. said: “Senator Moore is a tireless advocate for the issues facing our veterans and their families. It is tragic that veterans in our communities make up a disproportionate share of those suffering from substance use disorders. Veterans Inc. offers outreach to those veterans, and recovery treatment at our Independence Hall facility in Shrewsbury, in large part because of the support of our elected leaders like Senator Moore. This funding, and Senator Moore’s efforts, couldn’t come at a better time.”

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Taking into consideration historic tax revenue performance in Fiscal Year 2022 (FY22), the final FY23 conference report increases revenue projections by $2.66 billion over the December consensus for a projection of $39.575 billion. The FY23 budget transfers funds into the Stabilization Fund, projecting an estimated historic balance of approximately $7.35 billion for this crucial ‘rainy day’ fund at the end of the fiscal year.

Notably, the Legislature provides significant funds in the FY23 budget to invest in the Commonwealth’s long-term future obligations. Prioritizing funding for education, this budget includes $175 million in a newly created High-Quality Early Education and Care Affordability Trust Fund to be utilized in the coming years to support the implementation of the recommendations made by the Early Education and Care Economic Review Commission. Additionally, a supplemental payment of $150 million is included to the Student Opportunity Act (SOA) Investment fund, bringing its balance up to $500 million, ensuring resources will be utilized in the future to support equitable funding for our most vulnerable students.

The budget strongly reflects the Legislature’s commitment to support cities and towns and provides a significant amount of local and regional aid to ensure communities can provide essential services to the public while rebuilding from a once-in-a-generation pandemic. This includes $1.231 billion in funding for Unrestricted General Government Aid (UGGA), an increase of $63 million over FY22, and $45 million in payments in lieu of taxes (PILOT) for state-owned land, an increase of $10 million over FY22, providing supplemental local aid payments to cities and towns working to improve access to essential services and programs.

The FY23 budget includes $187 million to fund the Massachusetts Bay Transportation Authority (MBTA) as well as $226.2 million for a safety and workforce reserve to address ongoing safety concerns identified by the Federal Transit Administration’s Safety Management Inspection.

As a cornerstone of the Commonwealth’s economic foundation, the FY23 budget expands access to educational opportunity and strongly supports students, families, educators, and institutions. Delivering on the Legislature’s promise to fully fund and implement the SOA by FY27, this budget invests $6 billion in Chapter 70 funding, an increase of $495 million over FY22, and doubles minimum Chapter 70 aid from $30 to $60 per pupil. This historic level of investment ensures the state remains on schedule to fully implement the law, provides school districts with resources to provide high quality educational opportunities, and addresses rising costs and administrative challenges related to the COVID-19 pandemic. The FY23 budget also includes $110 million for a year-long extension of universal school meals, providing immediate relief to working families by saving them up to $1,200 every year from reduced grocery expenditures, according to The Feed Kids Coalition.

The budget also reflects a strong to commitment to early education and care, investing $1.18 billion into this sector, including $365 million in new resources to begin implementation of recommendations made by the Early Education and Care Economic Review Commission. These investments will help to stabilize providers, support the early educator workforce with rate increases and higher education opportunities, and provide access to affordable care for children and families.

The budget invests in higher education, allocating $670 million for the University of Massachusetts system, $352 million for community colleges, and $328 million for state universities. The budget also includes $175 million in scholarship funding and funds the community colleges SUCCESS Fund at $14 million and the STEM Starter Academy at $4.75 million. The budget also expands access to inclusive education opportunities for young adults with disabilities by removing existing barriers, codifies the Massachusetts Inclusive Concurrent Enrollment Initiative (MAICEI) grant program and dedicates $4 million in flexible resources for the public higher education system to support inclusive learning options for this diverse student population.

Other education investments include:

• $441 million for the Special Education Circuit Breaker, reimbursing school districts for the high cost of educating students with disabilities at the statutorily required 75 per cent reimbursement rate

• $244 million for reimbursing school districts at 75 per cent for costs incurred when students leave to attend charter schools

• $82.2 million for regional school transportation

• $23 million for homeless student transportation

• $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

• $6 million for Social Emotional Learning (SEL) Grants to help K-12 schools bolster SEL supports for students, including $1 million for a new pilot program to provide mental health screenings for K-12 students

• $1.5 million for the Genocide Education Trust Fund, fulfilling our commitment to fund efforts 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

Recognizing that health care makes up more than 40 percent of our annual state budget, the Legislature’s FY23 budget sustains support for the state’s safety net by funding MassHealth at a total of $19.48 billion, ensuring over 2.1 million people with continued access to comprehensive health care services. The budget prepares for the transition of individuals from MassHealth to the Health Connector when the federal public health emergency ends by providing $50 million for a Connector Care Pilot Program, which utilizes savings from the American Rescue Plan to fund subsidized health insurance plans for members that are between 300%-500% of the federal poverty level (FPL) for two years. It also invests $73 million to expand eligibility for the Medicare Savings Program to 225% FPL.

The FY23 budget invests in the human services workforce who provide services to the state’s most vulnerable residents, including $230 million for Chapter 257 rates for health and human service workers, $40 million to continue higher rate add-ons and ensure a smaller wage cliff between FY22 and FY23 for home health aides and homemakers, and $1 million for the Nursing and Allied Health Workforce Development program. Additional investments include funding for programming such as the Elder Mental Health Outreach Teams, the Safe and Successful Youth Initiative Expansion, nine Elder Supportive Housing Sites, and the SHINE Program.

Funding a range of services to help those struggling and in need, the FY23 budget invests $218.2 for substance use disorder and intervention services provided by the Bureau of Substance Addiction Services and more importantly, addresses the mental health crisis in Massachusetts by creating the Behavioral Health Access and Crisis Intervention Trust Fund, which will fund crisis supports and a new behavioral health crisis hotline.

It also invests $20 million to recapitalize the Behavioral Health, Access, Outreach and Support Trust Fund to support targeted behavioral health initiatives, $15 million for emergency department diversion initiatives for children, adolescents, and adults and $8.2 million to support student behavioral health services at the University of Massachusetts, state universities and community colleges.

Sending a strong and unequivocal message that reproductive and gender affirming health care will be protected in Massachusetts in the face of growing legal uncertainty across the United States after the U.S. Supreme Court overturned Roe v. Wade, the FY23 budget invests $2 million in grants for improvements to reproductive health access, infrastructure, and safety.

Finally, recognizing that stroke is a leading cause of long-term disability and death in the United States and Massachusetts, the FY23 budget includes provisions establishing a comprehensive system of stroke response and care to ensure patients receive the appropriate urgent care quickly. With this system of care in place, a person experiencing a stroke will be transported to the nearest trauma center, improving long-term health outcomes and rates of survival.

Other health care and public health investments include:

• $113.1 million for children’s mental health services

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

• $75.3 million for sexual assault and domestic violence prevention services

• $48.8 million for early intervention services, to ensure increased supports for families with infants and young toddlers with developmental delays and disabilities

• $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

Building on the foundation of last year’s efforts to tackle deep poverty, the FY23 budget supports working families struggling with the economic toll associated with rising costs and 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 percent 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 ensure the economic supports necessary to provide stability to families across the state.

Other children and family investments include:

• $30.6 million for Emergency Food Assistance to ensure that citizens in need can navigate the historic levels of food insecurity caused by COVID-19

• $28.5 million for the YouthWorks jobs program to fund over 6,000 summer and year-round jobs for youth in low-wage-earning and fixed-income families

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

• $7.5 million for grants to community foundations to support communities disproportionately impacted by the pandemic

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

• $4.1 million for Children Advocacy Centers to improve the resources available to children who have been neglected or sexually abused

The FY23 budget provides resources to help with housing stability to keep individuals and families in their homes, including $219.4 million for Emergency Assistance Family Shelters, more than $200 million for Residential Assistance for Families in Transition (RAFT), $175 million for the Massachusetts Rental Voucher Program (MRVP) and $92 million for assistance to local housing authorities. The budget also upholds the emergency-level maximum amount of rental assistance that a household can receive at $10,000 and requires the Department of Housing and Community Development (DHCD) to study and report on the execution of no-fault evictions between 2019 and 2022.

The budget funds the Department of Developmental Services at $2.44 billion, aimed to support individuals with developmental disabilities and their families. It includes $278.5 million for Community Day and Work Programs, $90.6 million for respite services, $42.3 million in autism supports and services, $33.9 million in transportation services, $13.9 million for the autism division, and $1.8 million for supportive technology for individuals.

For the first time ever, the FY23 budget removes barriers to communication services for incarcerated persons and their loved ones, requiring the Department of Correction (DOC) and sheriffs to provide phone calls free of charge to those receiving and initiating phone calls and other services such as video or electronic communications. It also establishes 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 correctional facilities do not unjustly profit off the basic needs of incarcerated persons. The budget also eliminates probation and parole fees, reducing the burden on individuals during their re-entry process. Currently, individuals pay $50 per month for administrative supervised probation fees, $65 per month for probation supervision fees, and $80 per month in parole fees.

To meet the needs of our Commonwealth’s post-pandemic recovery, the FY23 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 skills to apply for future jobs. The budget includes $20 million for Career Technical Institutes to increase the skilled worker population’s access to career technical training opportunities, a $17 million transfer to the Workforce Competitiveness Trust fund, and $15 million for one-stop career centers to support economic recovery. The budget also includes a $1 million investment in Learn to Earn and $1 million for the 1199 SEIU Training and Upgrading Fund.

Other investments in economic and workforce development include:

• $60 million for Adult Basic Education

• $20 million for the Community Empowerment and Reinvestment Grant Program

• $20 million for a loan forgiveness program within the Department of Mental Health to support their workforce

• $15 million to support teachers of color, including $7.5 million for Tomorrow’s Teachers program to provide scholarships to people committed to teaching in public schools and $7.5 million for loan repayment for teachers of color

• $10 million for loan repayment and bonuses for the homeless shelter workforce that continue to provide critical services to the most vulnerable

• $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

The budget also continues the Legislature’s focus on environmental and climate protection by investing $375.2 million for environmental services, which include funding increases for state parks, environmental protection, and fisheries and wildlife. Additional measures include promoting electric vehicles and funding for environmental justice and climate adaptation and preparedness.

The FY23 budget also establishes a veteran equality review board to ensure that veterans dishonorably discharged under ‘Don’t Ask Don’t Tell’ receive state-based veterans’ benefits.

Having been passed by the House and Senate, the legislation now goes to Governor Baker for his signature.

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Senate Passes Wide-Ranging Transportation Infrastructure Bond Bill

(BOSTON – 07/14/2022) The Massachusetts State Senate on Thursday passed legislation that authorizes more than $10.84 billion in bonds for a wide array of transportation infrastructure projects and initiatives to make the Commonwealth’s transportation system more modern, safe, environmentally sound, and accessible. An Act relative to Massachusetts transportation resources and climate, also known as MassTRAC, ensures that Massachusetts is well-positioned to compete for federal grant opportunities, particularly those dollars available from the federal bipartisan Infrastructure Investment and Jobs Act.

“I am pleased to see the passage of MassTRAC, a bill authorizing the funding of many important infrastructure projects in communities around the Commonwealth,” said Senator Michael Moore (D-Millbury). “This money, if approved by the Governor, will make transformative investments to our transportation infrastructure – including in the Second Worcester District.”

Senator Moore passed five amendments authorizing spending on projects in the Second Worcester District, listed below:

·       $1.6 million to replace the Sword Street Culvert in Auburn

·       $1.2 million to improve sidewalks, restore George Hill Road, and design/construct Westboro Road in Grafton

·       $1 million to repair and improve the Sutton Street Bridge in Northbridge

·       $1.2 million to replace the Bowman Lane Culvert in Westborough

·       $5 million to repair and improve the Lake Avenue Pumping Station in Worcester

Additionally, Senator Moore passed an amendment authorizing the Massachusetts Department of Transportation, in partnership with the Executive Office of Energy and Environmental Affairs, to study the feasibility of creating wildlife crossing projects throughout the Commonwealth. The agency will also create an action plan on how these crossings will be implemented and maintained.

“Many of our roadways cut right through the natural habitats of wildlife, especially in Central and Western Massachusetts,” Senator Michael Moore (D-Millbury) said. “When animals try to cross these busy roads, all too frequently it results in tragic traffic accidents, injuring or killing countless people and animals – not to mention the economic cost of damaged cars and infrastructure. Creating wildlife corridors is not only good for ecosystems, they also make roadways safer for humans too.”

“Wildlife crossings provide animals an opportunity to safely travel between habitats and allows animals to access a wider geographic territory — mitigating some of the impacts of human infrastructure and fragmented wild places,” says Stephanie Harris, senior legislative affairs manager for the Animal Legal Defense Fund. “We are grateful to Senator Moore for his stalwart dedication to wildlife protection and to the Massachusetts Senate for passing this legislation to facilitate the establishment and maintenance of wildlife crossings projects in the Commonwealth.”

"Wildlife Vehicle Collisions cost the US $8 billion in damages each year along with the tragic loss of people and animals,” said Dylan McDowell, Acting Executive Director for the National Caucus of Environmental Legislators. “Wildlife corridors are one of the best available tools we have to address this problem, while also improving habitat connectivity for species. Massachusetts is quickly emerging as a leader as a growing number of states introduce legislation to support wildlife connectivity and public safety.”

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The MassTRAC bill invests billions of dollars in improving, maintaining, and modernizing the Commonwealth’s bridges, roads, and other critical infrastructure, including sidewalks, curbs, parking spaces, and airport improvements. The legislation also takes crucial steps to make the state’s transportation system more environmentally sustainable and resilient to climate change by making investments in emission reduction, low or no emission vehicles for Regional Transit Authorities (RTAs), climate adaptations for Massachusetts roads, and support for multimodal transportation such as bike lanes alongside roads. Building on the Drive Act, passed by the Senate in April this year, the MassTRAC bill increases support for electric vehicles for personal, commercial, and governmental use, as well as for electric vehicle charging infrastructure.

The breakdown of the bond authorizations included in the bill is as follows:

• $3.5 billion for discretionary federal grant projects

• $2.8 billion for federal highway systems projects

• $1.375 billion for Massachusetts Bay Transportation Authority (MBTA) modernization

• $1.27 billion for non-federally aided roads and bridges

• $407.7 million for local and regional transportation projects

• $400 million for MBTA safety projects

• $275 million for the East-West rail project

• $225 million for emissions reduction initiatives, including $50 million to support access to electric vehicle charging infrastructure

• $114 million for airport improvements

• $85 million for state-numbered routes road pavement improvements

• $82 million for the industrial rail access program

• $64.9 million for Regional Transit Authorities’ (RTAs) capital projects

• $25.5 million for the mobility assistance program

• $25 million for municipal road pavement improvements

• $20 million for the Complete Streets program

• $10 million for the public realm improvement program

• $1 million for local and regional transportation projects

The legislation marks another step towards implementing East-West passenger rail in Massachusetts. In addition to the more than a quarter of a billion dollars that is granted for the project itself, this legislation creates a commission to investigate and report on creation of an East-West rail passenger authority. To promote regional equity and smart, sustainable financing of the transportation system, the bill creates a mobility commission to investigate, study, and make recommendations on the development of regionally equitable transportation pricing, roadway pricing and congestion pricing.

In addition to $1.375 billion for modernization of the MBTA, the bill authorizes $400 million for MBTA safety projects and tasks the MBTA with creating and annually updating safety improvement plans.

During the debate several notable amendments were adopted. Significantly, one amendment would create a low-income fare program to provide free or discounted transit fares to qualifying riders. Another amendment would require the MBTA to develop and implement short-, medium-, and long-term plans for electrifying the commuter rail fleet. Finally, an amendment was adopted to provide regulatory oversight for electronic bicycles, or e-bikes, to help spur their adoption.

A version of this legislation having previously been passed in the House of Representatives, a conference committee will now be appointed to reconcile any differences between the versions of this bill.

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Senate Passes Legislation Expanding Protections for Reproductive and Gender-Affirming Care

(BOSTON – 07/13/2022) The Massachusetts State Senate on Wednesday unanimously passed a bipartisan bill protecting providers, residents, and visitors to the Commonwealth who engage in legally-protected reproductive and gender-affirming health care.

An Act expanding protections for reproductive and gender-affirming care includes provisions preventing the Commonwealth’s cooperation with ‘bounty-style’ anti-abortion and anti-gender-affirming care laws in other states, mandates health insurance coverage for abortion and abortion-related care with no cost-sharing, ensures access to emergency contraception, and provides confidentiality to providers of reproductive and gender-affirming care. Senate Bill 2996, filed by Senator Cindy F. Friedman, expands on her amendment to the Senate Fiscal Year 2023 budget, which was filed in response to the leaked U.S. Supreme Court opinion on Dobbs v. Jackson and adopted by the Senate in late May.

“As reproductive rights and gender-affirming care is attacked in states across the nation through disturbing rhetoric and callous laws, Massachusetts is providing a shining beacon of hope for pregnant and transgender people seeking the essential healthcare they need,” Senator Michael Moore (D-Millbury) said. “This legislation recognizes that healthcare is healthcare, and I’m proud to have voted to enshrine this principle into law. I hope that the Bay State’s work will serve as a model for other states to follow to protect patients and the providers who care for them.”

Under the legislation, physicians, nurses, physician assistants, pharmacists, psychologists, genetic counselors and social workers are insulated from legal action in Massachusetts courts as a result of providing health care services which are legal in Massachusetts. This language specifically protects reproductive and gender-affirming health care, which has been the target of ‘bounty-style’ laws passed in states like Texas and Oklahoma that seek to limit this critical care beyond their states’ borders. This bill also allows anyone who faces abusive litigation in another state for providing legally protected reproductive and gender-affirming care services to sue in Massachusetts court to obtain a judgment, including actual damages, expenses, costs, and reasonable attorney's fees.

The Governor would be prevented under the legislation from extraditing someone to another state to face charges for an abortion, gender dysphoria treatment, or another protected service, except when required by federal law or unless the acts forming the basis of the investigation would also constitute an offense if occurring entirely in Massachusetts. Massachusetts law enforcement agencies would also be prohibited from assisting any investigation by federal authorities, another state, or private citizens related to legally protected reproductive and gender-affirming health care provided in the Commonwealth. Courts would similarly be barred from ordering anyone in Massachusetts to testify or produce documents for lawsuits involving those practices, and judges could not issue any summons in a case concerning those health care services unless the offense in question would also violate Massachusetts law.

An amendment was adopted during debate which requires public higher education institutions to work with the Department of Public Health (DPH) to create a medication abortion readiness plan which must provide medication abortion at a health center on campus or provide a referral to a nearby healthcare facility offering abortion health care. It also creates a trust fund for public higher education institutions to support the implementation of their medication abortion readiness plans.

In response to stories about women not receiving access to abortion care in Massachusetts currently allowed under the existing state law, an amendment was adopted to clarify the circumstances that treating physicians must consider when determining whether to provide later-in-pregnancy abortion care. The amendment requires such determinations to be made by the treating physician and patient. To ensure hospitals are complying with the law, the amendment also requires health care facilities providing these services to file their procedures and processes for providing services consistent with the law with DPH.

An amendment introduced by Senator Michael Moore (D-Millbury) would identify areas of the state with limited abortion access to increase care to those areas and allow pharmacists to prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives.

Senate Bill 2996 implements a statewide standing order to ensure that emergency contraception can be dispensed at any pharmacy in the Commonwealth. In addition, the legislation requires the Group Insurance Commission (GIC) and commercial health insurance carriers to cover abortions and abortion-related care and ensure Massachusetts patients are not charged a cost-sharing amount, such as deductibles, copayments, or similar charges, for such coverage. It also requires MassHealth to cover abortion and abortion-related care and ensures enrollees are not charged a cost-sharing amount for prenatal care, childbirth, postpartum care, abortion or abortion-related care.

The bill also allows individuals engaged in the provision, facilitation, or promotion of reproductive and gender-affirming health care to enroll in the Secretary of the Commonwealth’s Address Confidentiality Program (ACP). This action will increase the safety of those who may face threats or violence outside of the workplace in their personal lives or at their residences.

With a version of An Act expanding protections for reproductive and gender-affirming care having passed both branches of the legislature, a conference committee will be appointed to resolve differences between the bill’s two versions.

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State Senate Passes Landmark Anti-Poaching Legislation

(BOSTON – 07/11/2022) Today, the Massachusetts State Senate unanimously passed S.2993 An Act further regulating the enforcement of illegal hunting practices. This bipartisan legislation will increase fines and criminal penalties levied on offenders who exploit wildlife in Massachusetts, and join the Interstate Wildlife Violators Compact, a nationwide cooperative agreement to share information related to violators of anti-poaching laws and hold poachers accountable regardless of where they committed their offense.

“It has been nearly a century since many of the Commonwealth’s anti-poaching laws were last updated. The absence of action on anti-poaching laws has resulted in outdated penalties that result in no more than a slap on the wrist for offenders,” Senator Michael Moore (D-Millbury) said. “This legislation finally brings our laws, fines, and penalties into line with other states. It also brings Massachusetts into the Interstate Wildlife Violator Compact, a nationwide law enforcement network that allows our wildlife protection agencies to share information about poachers with other states. With the passage of this legislation, Massachusetts is making it clear that we will no longer be a safe haven for those who wish to do harm to our wildlife, marine life, and ecosystems.”

“We are grateful that the Senate took this great step forward to stop the illegal killing of wildlife in Massachusetts,” said Melissa Ekvall, Senior Advocacy Outreach and Research Director of the MSPCA. “Soon, we will no longer be a ‘poacher’s paradise’ — the only state that is not a member of the Interstate Wildlife Violator Compact — hamstringing our law enforcement officers’ abilities to crack down on poachers. Joining this Compact, along with modernizing outdated poaching penalties, will bring the Commonwealth into the 21st century when it comes to protecting our wildlife.”

“Poaching is a serious problem nationwide and here in Massachusetts, threatening our wildlife and ecosystems” said Stephanie Harris, Senior Legislative Affairs Manager for the Animal Legal Defense Fund. “We are grateful to Senator Mike Moore for his leadership and to the Senate for passing legislation to end Massachusetts’ status as a safe-haven for convicted poachers who have had their hunting, trapping, or fishing licenses suspended or revoked in any of the 49 states that are already members of the Interstate Wildlife Violator Compact.”

“By joining the powerful Interstate Wildlife Violator Compact and strengthening outdated penalties for poaching our wildlife including black bears, red tailed hawks, and deer, Massachusetts will add critical resources to combat illegal and cruel hunting, trapping, and fishing in the Commonwealth and beyond,” said Laura Hagen, Massachusetts State Director for the Humane Society of the United States. “Our residents take wildlife crimes seriously, and we are grateful to the Massachusetts Senate for passing a bill that will sign us onto this this nationwide enforcement tool and protect the Commonwealth’s wild animals.”

Having been passed in the Massachusetts Senate, the bill now moves to the House of Representatives awaiting further action.

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Senate Passes Animal Welfare Legislation

(BOSTON – 07/11/2022) The Massachusetts State Senate on Monday passed two bills which promote animal welfare. S.2994 An Act protecting the health and safety of puppies and kittens in cities and towns ensures the safety of puppies and kittens during breeding, sale, and boarding. S.2992 An Act Protecting Research Animals, previously passed by the Senate in 2018 and commonly known as the ‘Beagle Bill’, encourages research facilities that use dogs and cats to offer these animals up for adoption after finishing research, rather than automatically euthanizing them.

Protecting Puppies and Kittens

An Act protecting the health and safety of puppies and kittens in cities and towns addresses inhumane practices relating to the transfer of pets. As separating puppies and kittens from their mother and litter prior to completion of their eight-week developmental socialization stage prevents them from learning important behaviors such as bite inhibition and the development of proper social relations with other members of their species, this bill prohibits the sale of puppies and kittens under eight weeks of age. To promote continued wellbeing of puppies and kittens in group settings, this legislation tasks the Department of Agricultural Resources (MDAR) with creating Massachusetts’ first state-wide oversight regulations and licensure requirements of breeders, doggie daycare, and boarding facilities. The bill also ends the sale of animals on roadsides, parking lots, flea markets, or in other public spaces.

“Everyone loves puppies and kittens. Unfortunately, a predatory underground industry has established itself as a supplier of these young pets, often leading to inhumane practices such as premature litter separation and roadside sales,” said Senator Michael Moore (D-Millbury). “This legislation makes broad updates and reforms to our legal code to ensure breeders are registered, regulated, and governed by rules that put the welfare of puppies and kittens at the center. I am pleased to see the passage of this legislation – our family pets will be happier and healthier because of it.”

Beagle Bill

According to the U.S. Department of Agriculture, nationally more than 60,000 dogs, almost all beagles, and nearly 20,000 cats are used each year to advance scientific research and to test cosmetics, pharmaceuticals, and other household products. Currently, many research labs choose to automatically euthanize these cats and dogs once their experiments are over. An Act Protecting Research Animals, commonly known as the ‘Beagle Bill’, facilitates a relationship between animal research laboratories and registered non-profit animal rescue organizations and requires that when these animals are no longer needed, the research facilities make every effort to place animals up for public adoption.

“Lab research animals deserve a shot at life just as much as any other pet,” Senator Michael Moore (D-Millbury) said. “I’m pleased to see the passage of legislation that requires cats and dogs be offered for adoption after they are no longer needed for research purposes. While we still have a ways to go to ensuring animals are treated humanely in research settings, this bill is important to making sure cats and dogs don’t only know a life of lab coats and cages.”

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