Senate Passes Legislation Legalizing Fentanyl Test Strips

(BOSTON 1/8/2023) – Last week, the Massachusetts Senate debated and unanimously passed An Act relative to fentanyl test strips – S.2543 – legislation to help prevent overdoses and save lives by making legal the sale, possession, and distribution of fentanyl test strips, and other testing equipment used to identify fentanyl, in the Commonwealth.

If passed into law, the bill would add a potent tool to assist drug users by identifying if a substance contains fentanyl. Fentanyl test strips are a proven harm reduction strategy that have been shown to help drug users engage in less risky behavior, including by discarding drugs, reducing doses, using drugs more slowly, using drugs with someone else around, or keeping naloxone nearby.

 “For those struggling with opioid addition, harm reduction is a critical strategy to keeping users safe and saving lives. I am proud to support legislation that keeps families whole and maintains paths to recovery,” said Senator Michael Moore (D-Millbury). “By following in the footsteps of 36 states and DC to pass legislation legalizing fentanyl test strips, we can stem off the worst of this crisis in communities across the Commonwealth. I believe that is a worthy goal.”

Fentanyl-related overdoses occur far too frequently in Massachusetts. 2,323 people suffered from overdoses in the Commonwealth between October 1, 2022, and September 30, 2023. In the first three months of 2023, fentanyl was present in 93% of fatal overdoses. According to the most recent data from the Department of Public Health, opioid-related deaths rose 2.5% in 2022, with Black residents accounting for the largest increase.

In 2020, the Department of Public Health had success with a pilot program in which they collaborated with six police departments across the state to distribute fentanyl test strips. Though outcomes were positive, there was significant confusion over the legal status of fentanyl test strips and whether they could be classified as drug paraphernalia, which would make possession punishable by statute.

If passed into law, S.2543 would remove such a barrier to harm reduction by addressing any lingering concerns about criminal or civil liability by including a Good Samaritan provision that exempts from liability “any person who, in good faith provides, administers or utilizes fentanyl test strips or any testing equipment or devices solely used, intended for use, or designed to be used to determine whether a substance contains fentanyl or its analogues.”

The legislation brings Massachusetts into line with 36 states, plus the District of Columbia, that have legalized fentanyl test strips.

Having passed the Senate, the bill now heads to the Massachusetts House of Representatives for consideration.

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Wheelchair Warranty Reform Passed by Massachusetts Senate

(BOSTON 1/8/2023) – Last week, the Massachusetts Senate voted unanimously to strengthen consumer protections for wheelchair users.

An Act expanding wheelchair warranty protections for consumers with disabilities – S.2541 – requires all wheelchairs to come with warranties, extends the minimum warranty period to two years, sets standards for wheelchair repairs and replacements, and eliminates the cumbersome prior authorization process for all wheelchair repairs under $1,000.

“This legislation will help individuals with wheelchairs get them repaired or replaced faster,” said Senator Michael Moore (D-Millbury). “I’m pleased that the Senate is taking action to assist wheelchair users when something goes wrong with a device that is so critical to their everyday lives.”

The legislation requires all wheelchairs sold or leased in the Commonwealth to come with express warranties – a change from the current law, which only requires customized wheelchairs to come with express warranties. The legislation also extends express warranties for wheelchairs from one year to two years, bringing Massachusetts in line with states like Rhode Island and Connecticut. To alleviate wait times for repairs, the bill mandates that wheelchair service providers diagnose repair issues remotely within three business days following notice from a consumer and provide an in-person assessment no more than four business days after that. 

If a wheelchair user cannot operate their in-warranty chair during the repair process, the bill mandates that manufacturers or dealers reimburse them for or provide a loaner wheelchair within four business days for most wheelchairs, or within eight business days for highly customized wheelchairs.

The bill also requires manufacturers and dealers to cover any collateral costs incurred during the repair process for in-warranty wheelchairs. For out-of-warranty wheelchairs, the legislation prohibits insurers for requiring consumers to go through a cumbersome prior authorization process for any repairs totaling less than $1,000. Finally, the bill allows the Attorney General’s office to take legal action against service providers who violate these provisions with unfair or deceptive business practices. 

The legislation has received strong support from disability advocates across Massachusetts.

“S.2541 reflects an understanding of the challenges faced by wheelchair users and sets a new standard for consumer protection that will improve the quality of life for wheelchair users across the Commonwealth,” said Barbara L'Italien, Executive Director of the Disability Law Center. “We are grateful to Senate President Spilka, Senator Cronin, and the Massachusetts Senate for recognizing the profound impact this legislation will have on individuals with disabilities who utilize wheelchairs.”

“When a wheelchair, providing mobility so people can integrate into the community, too often breaks down, with waits as long as a year for repairs—we can fix cars and bikes in a day! —we have a serious problem,” Kay Schoucair, Senior Organizer, Boston Center for Independent Living (BCIL). “The time is overdue for manufacturers to simply stand behind their products. BCIL applauds the senate for pushing this much needed bill forward.” 

A similar version of the legislation was passed by the Senate in 2022, however that bill did not further advance in the Legislature.

Having been passed by the Senate, the legislation now heads to the Massachusetts House of Representatives for consideration.

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Blue Envelope Bill Supporting People with Autism Passes Senate

(BOSTON 1/5/2023) — Yesterday, the Massachusetts Senate unanimously passed an Act facilitating better interactions between police officers and persons with autism spectrum disorder – also known as the “Blue Envelope” bill – to improve communication during traffic stops involving an individual with Autism Spectrum Disorder.

The bill creates a voluntary program that would make available blue envelopes that people with autism could carry with them while driving and hand over to a police officer in the event that they are pulled over. A driver could place their license, registration, and insurance cards inside the envelope, with text on the outside of the envelope noting that the driver has Autism Spectrum Disorder and providing guidance on best practices on how to interact with the individual.

The envelope’s guidance – which would be created by a coalition of advocates, Chiefs of Police, and the RMV – would help law enforcement officers to better understand the actions of individuals with autism, who are more likely to have increased sensitivities and communication challenges in stressful situations.

“This legislation is a win-win, protecting the safety of individuals with autism during traffic stops while also helping officers better understand and facilitate positive interactions with neuro-diverse drivers,” said Senator Michael Moore (D-Millbury). “I’m always pleased to support legislation that makes the Commonwealth a more welcoming and inclusive place, and this bill is no exception. I am hopeful that the House will join the Senate in passing this legislation.”

Many people with autism display no physical markers to alert others to their disability. Without adequate training, it is possible that law enforcement could misread the actions of an individual with autism. Every year, numerous people with Autism Spectrum Disorder suffer psychological trauma and physical injury as a result of such misunderstandings. Use of force can be significantly more psychologically harmful when directed at individuals with autism.

The bill has wide support from Autism Spectrum Disorder advocates and law enforcement organizations around the Commonwealth.

“The Arc of Massachusetts and Advocates for Autism of Massachusetts (AFAM) are grateful to Senator Comerford, Senate President Spilka and Chairman Rodrigues for passing the Blue Envelope bill, a priority bill for our advocacy organizations,” said Maura Sullivan, Director of Government Affairs for The Arc of Massachusetts. “This bill will ease interactions between police and autistic drivers. We know these situations can escalate and become traumatic or even dangerous. The Arc and AFAM applaud the Senate for taking action to be inclusive of the needs of the drivers with autism in Massachusetts.”

“The Blue Envelope Bill would be a game changer for our family and for so many Massachusetts residents. Like many people with autism, my 25-year-old son Sam does not have any physical characteristics that indicate he has autism,” said Ilyse Levine-Kanji, an Executive Committee member of Advocates for Autism of Massachusetts (AFAM). “In a stressful situation, where split second decisions must be made, I’m relieved that a police officer could see a blue envelope in Sam’s car and immediately understand that any unusual behavior or speech pattern is a result of autism. Thus, this bill could dramatically decrease the possibility of a tragic misunderstanding. Advocates for Autism of Massachusetts is extremely grateful for Senator Comerford’s leadership in introducing and championing this common-sense initiative, and to the Senate for moving so quickly to pass the bill.”

During the bill’s hearing before the Transportation Committee, the Massachusetts State Police Association and a representative of the Massachusetts Chiefs of Police Association testified in favor of the bill.

“Massachusetts police officers conduct thousands of traffic stops each year. While most of these interactions are relatively ‘routine,’ officers do not know who they are interacting with before the traffic stop, so they proceed with caution,” said Tyrone Parham, Assistant Vice Chancellor and Chief of Police at the University of Massachusetts Amherst. “There are many potential communication conflicts with police officers during traffic stops and perspectives offered by those on the autism spectrum. The introduction of the blue envelope under stressful interactions will provide immediate information and context to the officer as they begin to communicate. Traffic stops are some of the most dangerous citizen interactions by police and this additional information gleaned by the Blue Envelope will be extremely helpful. I am extremely enthusiastic and grateful for the passing of this imperative legislation. Our Commonwealth drivers on the autism spectrum will be able to quickly and confidently present the blue envelope the next time they are pulled over during a routine traffic stop. This will be instrumental to help bridge the communication gap for both motorists and police officers.”

Similar legislation has been adopted in other states, including Connecticut, and has been shown to reduce stress, facilitate better communication, and improve safety.

Having been passed by the Senate, the legislation now moves to the Massachusetts House of Representatives for consideration.

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Landmark Cybersecurity and AI Bill Approved by Legislative Committee

(BOSTON 12/22/2023) — Today, Joint Committee on Advanced Information Technology, the Internet, and Cybersecurity chairs Senator Michael Moore and Representative Tricia Farley-Bouvier announced that a wide-ranging bill centered around cybersecurity and artificial intelligence has been reported favorably out of Committee by a unanimous vote of its members. The bill, which bolsters Massachusetts cybersecurity capabilities and brings reasonable regulation to the rapidly accelerating artificial intelligence industry, will help the Commonwealth to better prepare for the uncertainties of the future and make our digital systems more resilient to bad actors.

“It is hard to grasp how much of our lives revolve around digital systems these days. Critical banking information, sensitive healthcare reports, detailed tax and income data, and so much more are all stored on servers that may be vulnerable to breaches if the proper precautions are not taken,” said Senator Michael Moore (D-Millbury). “This legislation would mark a paradigm shift in cybersecurity and AI policy in the Commonwealth, showing the United States and the world that Massachusetts can and will lead on protecting our data, our systems, and, most importantly, our people from the threats of tomorrow. I’d like to thank my co-chair Representative Tricia Farley-Bouvier, the hardworking members of the Committee, and the legislators focused on these vital issues for their collaboration on this bill.”

“I am grateful to my senate co-chair for his leadership on the critical issue of cybersecurity. Cybersecurity threats put our residents at risk daily, but this legislation provides state and local government and small businesses the infrastructure to mitigate, respond to, and recover from these threats and incidents” said House Chair Tricia Farley-Bouvier (D-Pittsfield).

“I’m grateful to Senator Moore and the entire joint committee on Advanced Information Technology, the Internet and Cybersecurity for their diligence in addressing the pressing issues of cybersecurity and artificial intelligence,” said Senate President Karen Spilka (D-Ashland). “On behalf of the Senate, I look forward to reviewing this bill further.”

"Massachusetts must continue to evolve with the ever-changing cybersecurity landscape. I commend Chairs Moore and Farley-Bouvier for their legislation to establish guidelines for cyber incident reporting, equip workers with tools and training, and create guardrails for AI. With cybersecurity incidents on the rise, especially for more vulnerable groups like our seniors, I am proud to support this timely legislation." stated Senator Barry R. Finegold (D-Andover).

The legislation includes a comprehensive set of policies designed to bring our cybersecurity and AI preparedness up to the latest standards and to keep the Commonwealth up to date as technology continues to rapidly advance. The provisions include:

Mandatory Statewide Public Employee Cybersecurity Training

This bill directs the Executive Office of Technology Services and Security, in conjunction with the Comptroller’s office, to create and provide an online cybersecurity training program to all public employees, including statewide officials and staff, public authorities, and local government. It will be modeled after the Commonwealth’s existing mandatory state ethics training program.

Creates a Cybersecurity Control Board

The legislation creates a new board tasked with creating and administering a state cybersecurity code. The code consists of a set of minimum cybersecurity requirements and any special requirements that the board deems appropriate to create. Topics covered by the minimum cybersecurity code include:

• Authentication

• Data management

• Cybersecurity training and incident response plans

• Auditing and testing requirements

• Threat mitigation and vulnerability patching

• Encryption

Made up of high-level government officials, cybersecurity experts, experienced professionals, and others, the board is directed to consider size of entities, their available resources, type of entity, and the need for security of the data they handle in creating the standards. The board may also issue Critical Cybersecurity Directives, adding certain requirements or limitations to government devices and non-government devices that connect with a government system.

Codifies the Critical Incident Response Team

Currently operating under an executive order from the Baker administration, the Critical Incident Response Team is codified into law by this bill. The Response Team, made up of government officials and cybersecurity experts, develops and maintains a cybersecurity incident response plan that lays out protocols for when cybersecurity breaches and ransomware attacks hit government systems. This bill would require the Response Team to submit their plans for review by the Governor and the Joint Committee on Advanced Information Technology, Cybersecurity, and the Internet annually.

Establishes Critical Infrastructure Reporting Requirements

This bill requires any entity operating a system defined as critical infrastructure to report cybersecurity incidents to the Commonwealth Fusion Center. The report must include:

• A timeline of events, and the type of cybersecurity incident known or suspected

• How the cybersecurity incident was initially detected or discovered

• A list of the specific assets that have been affected or are suspected to be affected

• Copies of any electronic communications that are suspected of being malicious, if applicable

• Copies of any malware, threat actor tool or malicious links suspected of causing the cybersecurity incident, if applicable

• Any digital logs such as firewall, active directory and event logs, if available

• Forensic images of random access memory or virtualized random access memory from affected systems, if available

• Contact information for the covered entity and any third-party entity engaging in cybersecurity incident response that is involved

• Any other information as required by the secretary

Reports will be exempt from Massachusetts public records law due to the sensitive nature of the information within them.

Creates a Commission on Automated Decision-Making

The legislation institutes a board within the Executive Office of Technology Services and Security to study the use of automated decision systems in government and the private sector. This includes researching issues related to transparency, auditability, and accountability, as well as examining how these systems are assessed for biases and protections. It will then recommend rules, standards, and safeguards to the Legislature. The board will meet in a series of publicly broadcast meetings and issue an annual report to the Governor and the Legislature.

Establishes the Massachusetts Innovation Fund and State Agency Technology Upgrades Account

To fund information technology modernization projects in government agencies, this bill creates the Massachusetts Innovation Fund, to be administered by a board made up of government officials. The fund will issue loans for qualifying projects, to be repaid within 7 years.

Updates the Civil Defense Act

The legislation would clarify that the Civil Defense Act, the primary source of emergency authority for the Governor, may be invoked in response to a cyber-attack. It also updates the definitions of critical infrastructure, cybersecurity attack, and cyber system.

Expands Protections of Existing Data Breach Laws

This bill would update existing data breach laws (chapter 93H) to include protections for consumer information, including:

• Biometric information

• Genetic information

• Geolocation

• Health data

• Date of birth

• Usernames and passwords

• Email addresses

It also strengthens notification requirements for individuals whose personal information has been compromised by a cyberattack.

Prohibits the Weaponization of Robots

The bill would prohibit the manufacture, sale, use, or operation of a robotic device or drone that is mounted with a weapon. It also prohibits the use of these technologies to threaten or harass an individual. The provision allows the US Department of Defense, its military contractors, and companies who obtain a waiver from the Attorney General to test anti-weaponization technologies. It also clarifies that warrants are needed for law enforcement to use robots to enter private property, and that all law enforcement use of these technologies must be available under Massachusetts public records law.

Blocks Cybersecurity Insurers from Instituting Limits on Government Notification

This provision requires that cybersecurity insurers cannot place limits on the ability of the insured to notify the government of a cybersecurity incident or data breach.

Promotes Cybersecurity Regional Alliances and Multistakeholder Partnerships

The bill establishes a fund to promote alliances and partnerships between public higher education institutions by:

• Stimulating cybersecurity education and workforce development by bringing together stakeholders in the cybersecurity ecosystem

• Aligning the cybersecurity workforce needs of employers with the education and training provided by institutions of higher education

• Increasing the pipeline of students pursuing cybersecurity careers

• Developing the cybersecurity workforce to meet industry needs within local or regional economies

The Joint Committee on Advanced Information Technology, the Internet, and Cybersecurity’s action comes in the wake of several high-profile cybersecurity news stories, including the recent Xfinity security breach that exposed the personal information of 36 million customers, reports that an Iran-linked cybercriminal group has been targeting municipal water treatment systems and factories, Rite Aid’s misuse of AI facial recognition to falsely tag shoppers as shoplifters, and attacks on healthcare systems in New Jersey, to name a few examples. These incidents show the urgency of action to bolster Massachusetts’ digital systems against cyber criminals, both public and private infrastructure. The policy put forward within this bill will harden the Commonwealth against attacks, minimize disruptions when breaches do occur, and make our systems more resilient during recovery.

Having been approved by the Joint Committee on Advanced Information Technology, the Internet, and Cybersecurity, the bill now will move forward to the Senate Committee on Ways and Means for further review.

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Massachusetts Legislators Ask Attorney General Campbell to Join Litigation Against Manufacturers of Toxic Firefighting Gear

(BOSTON 12/19/2023) — Yesterday, a bipartisan group of 24 Senators, reflecting a majority of the Senate, and 73 Representatives sent a letter to Massachusetts Attorney General Andrea Campbell requesting that the Commonwealth join ongoing litigation against manufacturers of firefighter turnout gear manufacturers. The lawsuit, led by ten Worcester firefighters, claims that firefighting turnout gear manufacturers sell their PFAS-treated products to governments and those protecting our communities from fires despite knowing the extreme health dangers of PFAS exposure.

Led by Senator Michael Moore and Representative James Hawkins, the letter identifies the Commonwealth’s precedent in pursuing legal action against manufacturers who contaminate our communities with PFAS. In 2022, Attorney General Maura Healey’s office sued PFAS manufacturers for violating Massachusetts law protecting drinking water and other consumer protection statutes by selling PFAS-containing firefighting foam to cities and towns across the Commonwealth. The letter then asks AG Campbell to join the Worcester firefighters’ lawsuit seeking accountability for PFAS contamination through ubiquitous use in firefighting gear. It also asks the AG’s office to open an investigation into whether the sales of this turnout gear violates the Commonwealth’s laws against unfair and deceptive trade practices.

PFAS, or Polyfluoroalkyl substances, is a class designation that includes nearly 10,000 chemicals used to make everyday items fireproof, waterproof, or non-stick. These chemicals have become ubiquitous in products ranging from cookware to furniture to children’s toys – and critically, as a lining in firefighting gear – despite posing dangerous health risks. Even at low levels, the toxicity of PFAS chemicals can be devastating, increasing the risk of cancer, immunosuppression, birth defects, colitis, and other diseases.

“Ask anyone how the majority of firefighter line-of-duty deaths occur — most will probably say smoke inhalation or on-call injury. The shocking truth is that, from 2002 to 2019, cancer accounted for 66% of firefighter deaths, according to the International Association of Firefighters,” said Senator Michael Moore (D-Millbury). “PFAS exposure from firefighting equipment is a crisis for firefighters and the communities they serve. It is unacceptable that our firefighters must every day step into gear that is slowly poisoning them with few alternatives. It is time for the Commonwealth to step in to join the fight against the manufacturers who are knowingly using toxic chemicals in this equipment — I hope this letter will move the needle and help demand accountability for our brave firefighters.”

“Firefighters are routinely exposed to toxic cancer chemicals so it is not acceptable when PFAS is in brand new turnout gear,” said Representative Jim Hawkins (D- Attleboro).

“PFAS, ‘Forever chemicals’, all too common in our vocabulary of concerns, persist in the environment and can be found in various places and products used in our daily lives. Firefighters, particularly, are exposed to high levels of PFAS due to the composition of products and chemicals that make up their gear,” said Representative Carol Doherty (D-Taunton). “We must understand how these chemicals enter firefighters' bodies and work to minimize their exposure. We must address the critical issue of the presence of PFAS chemicals in firefighter turnout gear and offer a proactive solution that promises to help safeguard our firefighters. Research conducted by the National Institute of Standards and Technology has confirmed the presence of PFAS in different layers of turnout gear, highlighting the urgency of this matter. We must take a proactive stance in safeguarding the health and safety of firefighters by investing in the research and development of gear that meets the highest safety standards and reduces the risks associated with PFAS exposure.”

This effort from Senator Moore and Representative Hawkins is the latest in a larger push to protect Massachusetts firefighters from dangerous PFAS exposure. The two legislators previously teamed up to introduce S.1556/H.2339 - An Act relative to the reduction of certain toxic chemicals in firefighter personal protective equipment, which require all protective firefighting equipment sold in the Commonwealth come with a notice if it contains PFAS chemicals and for what reasons by 2025, and would completely ban the chemicals in firefighting gear by 2027. Senator Moore also worked with Representative Carol Doherty to introduce S.1559/H.2317 - An Act relative to the establishment of the PFAS Research and Development Public Safety Fund, which would create a reserve of government dollars to fund the research, development, and purchase of PFAS-free protective firefighter equipment. Both bills have been assigned to the Joint Committee on Public Safety and Homeland Security – the former was heard on June 7th, 2023, and the latter is awaiting a hearing.

The full letter can be found online here.

Senator Michael Moore Calls for Greater Consumer Protections against Predatory Subscription Retention Practices

(BOSTON 12/8/2023) — Senator Michael Moore today sent a letter to Attorney General Andrea Campbell in his capacity as the Senate Chair of the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity requesting two additions to her proposed regulations on “junk fees.” Citing examples from across the web, Senator Moore requested that Attorney General Campbell add a provision to her regulations requiring that the online cancellation process for a product or service be made at least as simple as the sign-up process. He also asks Campbell to crack down on “dark patterns,” in online user interfaces that are deliberately confusing and designed to interfere with the consumer’s ability to utilize the online cancellation option.

“When you go online to cancel a streaming service subscription, a gym membership, a premium shopping account, or a variety of other subscription-based services, companies are incentivized to make that process as confusing and as frustrating as possible – and as of now, there are very few laws to stop them,” said Senator Michael Moore (D-Millbury). “I’m pleased to see that Attorney General Andrea Campbell has proposed a new set of regulations designed to protect consumers from shady online practices such as hidden junk fees. Today, I sent a letter to her to ask that she add additional rules that require companies to offer easy, simple online cancellations, and that ban the use of shady tactics within the cancellation process that are designed to deter and redirect consumers. These are issues that are experienced by Bay Staters each and every day – I am hopeful that AG Campbell will bring further protection to everyday people.”

Attorney General Campbell’s office on November 30th proposed new regulations to prohibit “junk fees” in Massachusetts, additional charges that are hidden from consumers until the very end of the checkout process for things like concert tickets and hotel bookings. These fees are frequently termed “service fees,” “convenience fees,” or “facility charges,” and often significantly increase the price of a good or service. The new regulations, if adopted, would require businesses to clearly disclose the total price of a product or service at the time it is shown to the consumer. It would also require companies prominently show whether fees are optional and simplify the process for cancelling trial offers to avoid recurring charges. The Attorney General is granted the power to regulate these topics through the Massachusetts Consumer Protection Act. These regulations also require that businesses offer an online cancellation option if they allow customers to sign up online.

Recent Federal Trade Commission (FTC) investigations have shown that companies such as Amazon and ABCmouse use strategies such as dark patterns and complicated cancellation flows to discourage users from ending their recurring subscriptions. In the case of ABCmouse, the FTC wrote that, “consumers who wanted to cancel their subscriptions were often forced to navigate a difficult-to-find, lengthy, and confusing cancellation path on the company’s website and click through several pages of promotions and links that, when clicked, directed consumers away from the cancellation path.” These practices are close to industry standard for companies that offer subscriptions online.

Senator Moore’s full letter can be viewed online here. The Attorney General’s proposed “junk fee” regulation can be viewed online here. Public comments on this proposal and on consumers’ experiences in this area are currently being collected by the AG’s office by emailing junkfees@mass.gov, and a public hearing and comment session will be held on December 20th – more details can be found here.

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Letter to AG Campbell: Junk Fee Regulations and Simple Online Subscription Cancellation

Dear Attorney General Campbell: 

I write as Senate Chair of the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity regarding recent regulations drafted by your office related to junk fees. At the outset, I want to thank you and your staff for the time and effort that went into drafting these critical regulations as junk fees have become endemic in our online commercial marketplace. I also would like to highlight the proposed regulation requiring that when a consumer subscribes to a service online; they must also be offered an option to cancel online. It is unacceptable that some service providers will offer online sign up with just a click or two but require consumers appear in person or send a certified letter to cancel.  

I respectfully request that you consider adding two additional express protections to the draft regulations to ensure that the online sign up and cancellation parity provision is not abused by service providers: (1) a requirement that businesses must make it at least as easy to cancel a subscription as it was to start it; and (2) a prohibition against the use of dark patterns in user interfaces. Both of these items have played a prominent role in the Federal Trade Commission’s (FTC) recent activity and our state’s protections would benefit from their inclusion. 

A Simple Cancellation Mechanism  

Allowing online cancellation for a service when a consumer subscribes online is critical. However, protections must be added to ensure that this online cancellation option is as simple as the online sign up. Recent FTC enforcement actions demonstrate how even when a business provides an online cancellation option, the implementation of obstacles can impede a consumer’s use of that cancellation mechanism: 

For example, in its case against ABCmouse, the FTC alleged the online learning site made it extremely difficult to cancel free trials and subscription plans despite promising “Easy Cancellation.” Consumers who wanted to cancel their subscriptions were often forced to navigate a difficult-to-find, lengthy, and confusing cancellation path on the company’s website and click through several pages of promotions and links that, when clicked, directed consumers away from the cancellation path.1  

Similarly, just this past June, the FTC filed a complaint against Amazon alleging that “Amazon also knowingly complicated the cancellation process for Prime subscribers who sought to end their membership. The primary purpose of its Prime cancellation process was not to enable subscribers to cancel, but to stop them.”2 

The FTC charges that Amazon put in place a cancellation process designed to deter consumers from successfully unsubscribing from Prime. Previous reporting about the process in the media has noted that Amazon used the term “Iliad” to describe the process, which the reporting cites as an allusion to Homer’s epic poem set over twenty-four books and nearly 16,000 lines about the decade-long Trojan War. 

Consumers who attempted to cancel Prime were faced with multiple steps to actually accomplish the task of cancelling, according to the complaint. Consumers had to first locate the cancellation flow, which Amazon made difficult. Once they located the cancellation flow, they were redirected to multiple pages that presented several offers to continue the subscription at a discounted price, to simply turn off the auto-renew feature, or to decide not to cancel. Only after clicking through these pages could consumers finally cancel the service.3 

To avoid similar situations, I respectfully request that the draft regulations include as part of 940 C.M.R. 38.05(2) a comparable provision to the provision found in the FTC’s proposed “Click to Cancel” rule:  

(b) Simple mechanism at least as simple as initiation. The simple [cancellation] mechanism required by paragraph (a) of this section must be at least as easy to use as the method the consumer used to initiate the negative option feature.4  

Without this protection, even a requirement to provide an online cancellation option may be abused through the use of obstacles to impede the use of that online cancellation option.  

Dark Patterns in User Interfaces  

I also respectfully request that you expand the prohibition on visual dark patterns to include a prohibition on user interfaces designed to interfere with a consumer’s ability to utilize the online cancellation option, and any other rights under chapter 93A. Specifically, by prohibiting: “the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision-making, or choice.” This language is derived from the comprehensive consumer data privacy bills currently before the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity this session, but it is just as important for protecting against unfair or deceptive practices, as prohibited by Chapter 93A.5  

As alleged in the FTC’s complaint against Amazon, several manipulative designs were employed to interfere with a consumer’s ability to cancel their subscription.6 These include, but are not limited to: 

1. Interface Interference. “Amazon also uses Interface Interference in the Iliad Flow by emphasizing options that divert the consumer from the flow without cancelling and by employing warning icons near the option to cancel, which evokes anxiety and fear of loss in consumers.” 

1. “Obstruction (“Roach Motel”). “Obstruction,” also known as the “roach motel” technique, is a design element that involves intentionally complicating a process through unnecessary steps to dissuade consumers from an action.” 

1. “Misdirection. “Misdirection” is a design element that focuses a consumer’s attention on one thing to distract from another.” . . . Amazon also uses Misdirection in its Iliad Flow by presenting consumers with asymmetric choices that make it easier to abandon an attempted Prime cancellation than to complete it. In particular, Amazon uses attractors such as animation, a contrasting color blue, and text to draw consumers’ attention to “Remind me later” and “Keep my benefits” options rather than “Continue to Cancel.” Amazon further misdirects consumers who have entered the Iliad Flow by presenting visually appealing options to perform acts other than cancel, such as exploring the benefits of the subscription service (thereby exiting the Iliad Flow).” 

Thank you very much for your consideration of the requests above. The efforts undertaken by you and your staff with these regulations will help protect the Commonwealth’s residents. 

Sincerely,  

Senator Michael O. Moore 

Second Worcester District 

Governor Healey Signs Supplemental Budget to Close Fiscal Year 2023

Yesterday, the Massachusetts Legislature took final action on a supplemental budget designed to close out Fiscal Year 2023. The final supplemental budget totals $3.1 billion and contains several provisions to support the ongoing operations of programs and services that benefit the residents of the Commonwealth.

To address the ongoing humanitarian emergency shelter crisis, the final bill allocates $250 million to be spent to address costs associated with sheltering eligible families, including by making funding available for temporary emergency shelter sites for families on a waitlist for permanent shelter. The final bill also stipulates that a portion of the $250 million be spent on support services and resources so that individuals and families can address the complex issues and challenges they face, as well as reimbursements to school districts for increased enrollment costs associated with an influx of migrant students.

To ensure oversight of spending on the emergency shelter crisis, the bill requires robust reporting every 14 days. In addition to $250 million for the emergency shelter system, the budget provides $10 million for resettlement agencies to assist immigrants and refugees and authorizes the use of up to $2 million in available funds from the Workforce Competitiveness Trust Fund to support career centers in their efforts to assist immigrants and refugees in securing federal work authorizations.

The legislation also funds newly negotiated collective bargaining agreements for state employees, bringing a long-awaited raise to tens of thousands of state workers just in time for the holidays. The new pay levels are expected to be reflected in the pay period ending on December 22nd.

“This bill will provide critical financing to the Commonwealth’s strained emergency shelter system, ensuring we have the capacity and capability to care for those who are facing difficult times, as well as funding for well-deserved raises for public servants across the Commonwealth,” said Senator Michael Moore (D-Millbury). “While I am disappointed that the guardrails around emergency shelter system funding written into the Senate’s version of this bill did not make it into the final version, I am pleased that the Legislature will receive a detailed report on the system’s status every 2 weeks. I look forward to working with my colleagues to make sure taxpayer dollars are being spent wisely, as well as to establish a plan to stabilize the Commonwealth’s emergency shelter system with an eye toward long-term changes in migration patterns.”

The largest spending item in the bill was related to health care costs provided through MassHealth. Other notable items in the closeout supplemental budget include:

• $378 million to fund collective bargaining increases for state workers.

• $75 million for school districts impacted by special education tuition rate increases.

• $15 million for disaster relief for municipalities impacted by storms and natural disasters that occurred in 2023.

• Supplemental $100 million pension payment to remove any further increased liability resulting from the 2015 early retirement incentive program.

A version of this supplemental budget having passed the House and Senate, it was sent to the Governor on Monday, December 4, 2023, and signed the same day.

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Senate Passes Pharmaceutical Access, Costs, and Transparency (PACT) Act 3.0

(BOSTON 11/17/2023) — Earlier this week, the Massachusetts Senate unanimously passed the bipartisan Act Relative to Pharmaceutical Access, Costs, and Transparency, otherwise known as the PACT Act 3.0. The legislation would make urgent and much-needed reforms to the pharmaceutical system in the Commonwealth by lowering the cost of drugs at the pharmacy counter and improving oversight of the pharmaceutical industry. It also takes firm steps to create more equitable access to life-saving medications by providing a free, no-cost sharing option for certain drugs used to treat chronic illnesses that disproportionately affect people of color.

“The cost of healthcare should not be a factor in whether an individual gets the medication and care they need to stay healthy,” said Senator Michael Moore (D-Millbury). “The PACT Act 3.0 takes big steps toward making prescription drugs more affordable, improving access to care, and better regulating the industries that sell and distribute lifesaving medications. I’m thrilled that the Senate is once again showing Bay Staters and the country that we can do something about eye-popping prescription drug costs. I look forward to continuing our work to lower barriers to healthcare for everyone who needs it.”

By connecting the need for greater drug price transparency with policies to improve oversight for the pharmaceutical industry, the PACT Act 3.0 puts the Senate at the forefront of the Commonwealth’s efforts to tackle rapidly increasing prescription drug costs. It will also reduce drug costs for patients and lower health care costs overall.

Lowering costs for life-saving medications

Far too often, patients cannot access the medications they need due to high prescription drug prices. This legislation takes a step towards addressing this by offering immediate price relief and limiting out-of-pocket spending for prescription drugs used to treat diabetes, asthma, and chronic heart conditions, all of which disproportionately affect black and brown residents of Massachusetts.

For each of the chronic conditions identified, the bill requires insurers to eliminate deductibles and cost-sharing requirements for one generic drug and to cap co-payments on one brand-name drug at $25 per 30-day supply. Capping the costs of these medications will help improve access and reduce the financial burden of prescriptions, which far too often causes the dangerous practice of rationing life-saving drugs.

To make sure patients pay the lowest possible cost at the pharmacy counter, the PACT Act 3.0 also ensures that a patient purchasing a prescription drug is not charged a cost-sharing amount, such as a co-pay, if it would be cheaper for them to purchase the drug without using their insurance.

Ensuring patients can use their preferred pharmacy

The bill takes significant steps toward ensuring that patients can get their prescription drugs from the pharmacy that they choose. This bill will allow independent pharmacists the opportunity to become licensed to dispense specialty medications, and allow any network pharmacy to contract with carriers to provide mail-order prescriptions, changing the current practice of carriers determining what pharmacies are available to patients for mail-order prescriptions.

Holding drug companies accountable

The PACT Act 3.0 contains enhanced accountability tools to address rising costs of medications and other barriers to care. Currently, Massachusetts cannot effectively identify the drugs that have burdensome costs. These cost barriers also contribute to unaddressed health issues and often worsen conditions. To combat this, the bill directs the Health Policy Commission (HPC), in consultation with stakeholders, to establish a process for identifying high drug prices that create access barriers to essential medicines that address the priority health care needs of residents of the Commonwealth. In addition, it allows the HPC to recommend pricing measures to increase patient access to necessary medications.

Pharmaceutical manufacturers that fail to comply with this process will be required to pay a fee that will go into a trust fund for a new drug cost assistance program to support patients with certain chronic health conditions that disproportionately impact communities of color and low-income communities.

To help control costs further, the PACT Act 3.0 requires pharmaceutical manufacturers to notify the state in advance of new drugs coming to market, and of significant price increases for existing drugs. With advanced notification, the state’s MassHealth program can better prepare for potential cost increases by exploring ways to mitigate the cost or negotiating improved prices.

In addition, advance notification will enable the HPC to focus on these cost drivers at their Cost Trends Hearings, which are held each year to examine the drivers of health care costs; identify challenges and opportunities for improving care and reducing costs in Massachusetts; increase transparency and accountability for health care providers and insurers; and help the state to meet its annual health care cost growth benchmark.

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

Pharmacy Benefit Manager (PBM) Oversight

To address another potential cost driver, the bill brings oversight to pharmacy benefit managers (PBMs), which play a major role in determining how prescription drugs are tiered and priced on insurance plans. PBMs serve as middlemen between prescription drug buyers and sellers and currently operate with little oversight, making it unclear if they act in the best interest of consumers or health plans when they negotiate the price of drugs with pharmaceutical manufacturers. The PACT Act 3.0 authorizes the Division of Insurance (DOI) to provide much-needed oversight by licensing and regulating PBMs—and establishing sanctions for PBMs that fail to meet certain standards.

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

The bill has also gained support from leading advocates for healthcare access.

In a statement, the Health Equity Compact praised the legislation, saying, “The Health Equity Compact commends the Senate for including provisions to address the increasing cost burden of certain medications for chronic conditions in An Act Relative to Pharmaceutical Access, Costs and Transparency. Providing affordable medications for diabetes, asthma, and heart conditions is an important step toward addressing health inequities, and these provisions are also included in the health equity omnibus bill which would pave the way for the next chapter of health reform. We thank the Senate President and Senator Friedman for their work to address health disparities in the Commonwealth and look forward to continued partnership with our legislative colleagues.”

"The cost of prescription drugs has risen rapidly, putting critical medications out of reach for many," said Amy Rosenthal, Executive Director of Health Care For All. "This legislation will ensure thousands of residents are able to better afford the necessary medications to manage their diabetes, asthma and heart conditions, and bring transparency and accountability to the drug industry through the state's cost trends process."

During the debate, the Senate adopted an amendment from Senator Pavel Payano (D-Lawrence) to ensure that safety net hospitals and federally qualified community health centers can purchase discounted drugs from drug manufacturers through the federal 340B program. This program helps to keep costs low for patients who are served by hospitals in vulnerable communities.

Furthermore, the Senate adopted an amendment from Senator Cynthia Creem (D-Newton) that directs a study whether the state should adopt a statewide policy requiring schools, police stations, and fire stations to maintain a supply of epinephrine injectors on hand, to support students and residents in need. The Senate has been a leader in putting forth policies that address unaffordable drug costs. The HEALTH Act, passed by the Senate in 2017, proposed policies to incorporate pharmaceutical costs into the state’s annual health care cost oversight process and ensure that consumers are offered the lowest available prices at the pharmacy.

The Senate also championed the inclusion of provisions in the Fiscal Year 2020 budget to allow MassHealth to directly negotiate supplemental drug rebates to save the state millions of dollars each year.

Today’s passage marks the third consecutive session that the Senate has passed legislation to rein in drug costs and reform the pharmaceutical system, as drug costs have continued to climb higher with each passing year.

The PACT Act 3.0 now moves to the Massachusetts House of Representatives for consideration.

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Governor Healey Signs Comprehensive Tax Relief Legislation

(BOSTON 10/4/2023) — With the goal of providing financial relief to families across the Commonwealth while making Massachusetts more competitive with other states, Governor Healey today signed a bipartisan tax relief package supporting residents across all income levels. The bill was overwhelmingly passed in the Massachusetts Legislature last week.

“I am thrilled that the Massachusetts Legislature has come together to pass a bill that will bring relief to taxpayers across the Commonwealth,” said Senator Michael Moore (D-Millbury). “The passage of this legislation re-affirms our commitment to making Massachusetts a more equitable, more affordable, and more competitive place to live and work. I’d like to thank Governor Healey, Senate leadership, House leadership, and my colleagues for joining together to advance targeted and sustainable tax relief, and I look forward to continuing our work together to achieve these goals.”

The compromise bill includes the following tax changes:

Child and Dependent Tax Credit

The bill increases the refundable tax credit for a dependent child, disabled adult, or senior from $180 to $310 per dependent in taxable year 2023, and then to $440 in taxable year 2024 and beyond, while eliminating the child/dependent cap. This expanded credit, which will benefit more than 565,000 families, will be the most generous universal child and dependent tax credit in the country.

Estate Tax

Massachusetts’ current estate tax, which has not been updated in many years, has become an outlier in several ways.  The changes made in this bill update the tax to bring it more in line with other states and eliminate punitive elements of the tax for those with incomes just high enough to trigger it. The bill reduces the estate tax for all taxpayers and eliminates the tax for all estates under $2 million by allowing a uniform credit of $99,600.

Earned Income Tax Credit (EITC)

This bill increases the refundable Earned Income Tax Credit (EITC) from 30 per cent to 40 per cent of the federal credit. This increase will provide crucial support to working individuals and families, benefitting nearly 400,000 taxpayers with incomes under $60,000.

Single Sales Factor Apportionment

Currently, most businesses in Massachusetts are subject to a three-factor apportionment based on location, payroll, and receipts. To support companies headquartered in Massachusetts, this bill establishes a single sales factor apportionment in the Commonwealth based solely on receipts, matching what 39 other states currently do.

Senior Circuit Breaker Tax Credit

This bill doubles the refundable senior circuit breaker tax credit, which supports limited-income seniors facing high rents or real estate taxes, from $1,200 to $2,400. This change is expected to impact over 100,000 seniors across Massachusetts.

Rental Deduction Cap

This bill increases the rental deduction cap from $3,000 to $4,000. This is expected to impact about 800,000 Massachusetts taxpayers.

Short-Term Capital Gains Tax

At 12 per cent, Massachusetts is among the states with the highest short-term capital gains tax rate, and taxes short-term capital gains at a higher rate than long-term capital gains. The bill lowers the short-term capital gains tax rate to 8.5 per cent.

Housing Development Incentive Program (HDIP)

The bill increases the statewide cap from $10 million to $57 million for 2023, and subsequently to $30 million annually, which will provide Gateway Cities with an expanded tool to develop market rate housing. This increase is estimated to create 12,500 new homes in Gateway Cities and spur over $4 billion of private investment in these communities.

Low Income Housing Tax Credit

This bill raises the annual authorization from $40 million to $60 million. This increased authorization cap provides enough funding to spur the creation of thousands of new units of affordable housing annually while also bolstering economic development.

Local Option Property Tax Exemption for Affordable Housing

This new policy will permit municipalities to adopt a local property tax exemption for affordable real estate that is rented by a person whose income is less than a certain level set by the community.

Title V Cesspool or Septic System Tax Credit

This bill will triple the maximum credit from $6,000 to $18,000 and increases the amount claimable to $4,000 per year, easing the burden on homeowners facing the high cost of septic tank replacement or repair.

Additional Tax Changes

• Lead Paint Abatement: Doubles the credit to $3,000 for full abatement and $1,000 for partial abatement, to support families with older homes.

• Dairy Tax Credit: Increases the statewide cap from $6 million to $8 million, to provide more assistance for local farmers during downturns in milk prices.

• Student Loan Repayment Exemption: Ensures that employer student loan payments are not treated as taxable compensation.

• Commuter Transit Benefits: Makes public transit fares, as well as ferry and regional transit passes and bike commuter expenses, eligible for the commuter expense tax deduction.

• Apprenticeship Tax Credit Reforms: Expands the occupations for which this workforce development credit is available.

• Cider Tax: Raises the maximum amount of alcohol for these classes of drinks to 8.5 per cent, allowing more locally produced hard cider and still wines to be taxed at a lower rate.

• Senior Property Tax Volunteer Program: Increases from $1,500 to $2,000 the maximum that municipalities may allow for certain seniors to reduce from their property tax by participating in the senior work-off program.

Additional Reforms

In addition to tax relief, the bill updates Chapter 62F of the Massachusetts General Laws, which triggered nearly $3 billion in taxpayer refunds in 2022. This law requires that excess revenue be returned to taxpayers when tax revenue collections in a given fiscal year exceed an annual tax revenue cap. The bill passed today standardizes the credit applied to every taxpayer.

The bill also adjusts the Stabilization Fund cap, allowing the Commonwealth’s savings account to retain more funding. In addition, the bill requires married taxpayers who file a joint return with the federal government to file a joint state return, subject to exemptions or adjustments promulgated by the Department of Revenue (DOR).

Having passed the House of Representatives and Senate, and having been signed by the Governor, the bill is now enacted into law.

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Massachusetts Legislators Request Oversight Hearing on Cannabis Control Commission Amid Mounting Dysfunction

(BOSTON 9/18/2023) — In light of mounting reports of scandal and dysfunction at the Massachusetts Cannabis Control Commission (CCC), five members of the Massachusetts Legislature today sent a letter to the Joint Committee on Cannabis Policy requesting an oversight hearing to bring better transparency and accountability to the agency. The effort, led by Senator Michael Moore, comes after the Chair of the CCC described the agency as “in crisis.”

The letter, signed by three Senators and two Representatives, asks for an oversight hearing that addresses seven primary points of dysfunction at the CCC:

1. Suspension of Chair O’Brien; State Treasurer Deborah Goldberg suspended CCC Chair Shannon O’Brien, according to media reports. The Treasurer’s Office has so far declined to explain the suspension or name an interim chair.

2. Ongoing Governance Issues; the CCC has been engaged in a series of closed-door mediation sessions over its governance structure since April 2022.

3. Licensing Delays; opaque and lengthy licensing processes have become a frequent complaint to legislators’ offices.

4. Extended and Overly Aggressive Investigations; investigators from the CCC have been criticized for operating in an overly aggressive and unproductive manner during site visits, with little communication to business owners about their investigation status or findings.

5. Inadvertent Records Release; in spring 2023, the CCC allegedly shared a document containing the names, addresses, phone numbers, emails, and other sensitive personal information of every cannabis worker, active or inactive, in Massachusetts.

6. Alleged Retaliation Against an Independent Journalist; CCC officials allegedly cited the content of a journalist’s testimony before the Joint Committee on Cannabis Policy as part of the justification for stripping the journalist of their press credentials.

7. Sex Offenders as Retail and Delivery Operator Agents; following the passage of legislation in 2022, the CCC has proposed allowing registered sex offenders to become retail and delivery operators in the cannabis industry, positions that will allow them access to sensitive customer information.

“Since its creation in 2017, The Cannabis Control Commission has faced what sometimes feels like an endless stream of scandals. The public deserves some accountability on why these issues have proven so hard to stamp out, and what long-term changes the agency is making to get its work done with more transparency and efficiency,” said Senator Michael Moore (D-Millbury). “Especially considering the 23% funding increase the CCC requested during FY24 budget negotiations, it is now more critical than ever that we make sure this agency has a plan to right the ship. Millions of our tax dollars are at stake – I am hopeful the Joint Committee on Cannabis Policy will schedule a hearing to get answers from the top brass at the CCC.”

In addition to issues described in the letter, Senator Moore’s office has received reports of a hostile work environment at the CCC. His office has referred these complaints to the Massachusetts Commission Against Discrimination and the State Auditor.

The letter also brings a spotlight to legislation currently before the Committee that would create an internal special audit unit within the CCC. If passed, the legislation would delegate oversight responsibilities to an audit unit within, but not subject to the control of the CCC. This form of oversight is modeled after existing internal audit units within MassDOT, the Executive Office of Health and Human Services, and the State Police.

The letter is addressed to Senator Adam Gomez and Representative Daniel Donahue, co-chairs of the Joint Committee on Cannabis Policy.

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State Representative Lindsay Sabadosa & Senator Michael Moore File Bill to Ensure the Responsible Use of Robots

(BOSTON 9/13/2023) — This week, State Rep. Lindsay Sabadosa and State Sen. Michael Moore filed An Act to ensure the responsible use of advanced robotic technologies, legislation that prohibits the manufacture, sale, and operation of robotic devices or drones that are mounted with a weapon. If passed, this first-in-the-nation legislation will implement common-sense regulations that will protect the public while bringing stability and predictability to an emerging market and its entrepreneurs.

The bill contains three primary provisions related to robots, drones, and other uncrewed robotic devices in Massachusetts: banning the sale and use of weapons-mounted robotic devices, banning the use of robotic devices to threaten or harass, and banning the usage of robotic devices to physically restrain an individual. Those found in violation of the above provisions will face fines of between $5,000 and $25,000, in addition to any other penalty imposed due to violations of existing laws.

“Our offices have worked with key stakeholders in developing this legislation, that’s why our bill is supported by leaders in the robotics industry and civil rights organizations. Entrepreneurs need the stability of our legislature’s foresight, communities need safety from this fast-moving technology, and above all we have to act to ensure public confidence and safety. Robotics can, do, and will shape our economies and our lives for the better, and it is the duty of my colleagues and I to keep our attention on this developing technology,” said State Rep. Lindsay Sabadosa (D-Northampton).

“Very often, the pace of innovation moves faster than critical regulation that protects the public. I’m pleased to have worked with Representative Sabadosa, the ACLU of Massachusetts, Boston Dynamics, and so many others to get ahead of what can be a very dangerous technology if in the wrong hands,” said Senator Michael Moore (D-Millbury). “This bill puts reasonable guardrails around the use of robots to harass members of the public and bans the weaponization of this technology by those without strict oversight, while also introducing rules for law enforcement to bolster public trust. I am hopeful that, if passed, this legislation can serve as a model for responsible robotics regulation in other states and beyond.”

The United States Military and its contractors, law enforcement officials disposing of explosives, and private companies testing anti-weaponization technologies with case-by-case waivers from the Massachusetts Attorney General, are exempt from the penalties created by this bill.

To assure public confidence in law enforcement officials’ use of these technologies, this legislation codifies requirements that a warrant is required when a robot enters private property, except in exigent circumstances. The bill also requires that information about the usage of advanced robotic technology by law enforcement agencies must be available to the public under Massachusetts public records law.

“Hollywood often paints a vivid picture of a dystopian future filled with robotic violence, but we have the power to ensure those images stay in the realm of fiction,” said Kade Crockford, Technology for Liberty program director at the ACLU of Massachusetts. “Weaponized robots pose an unacceptable threat to our safety and basic rights. We commend Senator Moore and Representative Sabadosa for identifying these potential perils, bringing tech industry leaders and advocates together, and filing this legislation to ensure our laws keep pace with advancing technologies.”

“Advanced mobile robots are incredible tools that can enrich our lives and keep people safe, but makeshift efforts to weaponize general purpose robots threaten public trust and acceptance of this emerging technology,” said Brendan Schulman, Vice President of Policy & Government Relations at Boston Dynamics. “We recently led a consortium of six leading robotics companies calling on policymakers to ensure the ethical use of general purpose robots and prohibit their misuse. We are proud to have worked in collaboration with Representative Sabadosa, Senator Moore, civil rights advocates, and robotics industry leaders, to help develop the nation’s first comprehensive legislation on this topic, in our home state of Massachusetts.”

“The role of robots today is to enhance and improve the lives of humans and this bill will ensure that the positive role that robots play is protected,” said Tom Ryden, Executive Director of MassRobotics, the largest robotics innovation hub in the United States. “Massachusetts is a global leader in robotics innovation and it only makes sense that we continue to lead by being the first state to adopt this important legislation. MassRobotics is proud to support this legislation and we look forward to working with the sponsors and Governor Healey to see it signed into law.”

“AUVSI is proud to support this legislation, which promotes the safe and ethical use of robotics in the Commonwealth,” said Michael Robbins, Chief Advocacy Officer at the Association for Uncrewed Vehicle Systems International (AUVSI).  “The Act does a great job of promoting the use of advanced robotics in the Commonwealth in a way that will promote public safety and public acceptance, while also preserving the proper carveouts for very specific communities in the DoD and law enforcement to conduct precise missions for national defense and public safety.”

Having been introduced to the Massachusetts House and Senate, An Act to ensure the responsible use of advanced robotic technologies will now be assigned to legislative committees for evaluation and testimony.

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Senator Moore Urges CCC to Block Individuals Convicted of Sex Crimes from Cannabis Retail and Delivery Jobs

(WORCESTER 9/8/2023) — Today, Second Worcester District Senator Michael Moore testified in a public hearing before the Massachusetts Cannabis Control Commission (CCC) to urge changes to its draft regulations which would allow sex offenders to gain employment in the cannabis industry as retail or delivery operator agents. The new regulations, written as directed by a new law designed to promote diversity and equity in the cannabis industry, would prevent consideration of prior criminal convictions in most cannabis industry hiring decisions with the exception of offenses involving distribution of a controlled substance to a minor. This provision, though written with good intentions, would allow convicted sex offenders to view sensitive personal information and put cannabis customers, and other marijuana workers at risk, Senator Moore says.

“When it comes to the safety of the general public, there should be no higher priority. Cannabis customers have the right to make their purchase without fear of handing over their personal information and home address to someone with a record of sex crimes,” said Senator Michael Moore (D-Millbury). “I agree with the spirit of this law – there are absolutely individuals with criminal records that stem from misguided ‘war on drugs’ policies who should be allowed to work and benefit from the now-legal cannabis industry. But allowing convicted sex offenders to visit customers’ homes or see their sensitive information creates unnecessary risks and endangers everyday Bay Staters. I strongly urge the CCC to amend their proposed regulations to recognize and minimize this risk.”

Passed by the Massachusetts legislature and signed by Governor Charlie Baker in August 2022, An Act Relative to Equity in the Cannabis Industry builds on existing legislation to encourage and facilitate participation in the cannabis industry from communities disproportionately harmed by marijuana criminalization. As part of its efforts to diversify the cannabis industry, the legislation inserted a provision into Chapter 94G of Massachusetts General Law stating that, “a prior criminal conviction or other criminal case disposition shall not disqualify an individual or otherwise affect eligibility for employment in connection with a marijuana establishment, other than an independent testing laboratory, unless the offense involved the distribution of a controlled substance, including marijuana, to a minor.” This provision prompted the CCC to propose eliminating certain suitability standards from existing regulation, two of which disqualify felony sex offenders and those convicted of failure to register as a sex offender from employment in the cannabis industry.

Employees who can access sensitive personal information in many industries and in the public sector are subject to background checks that disqualify individuals convicted of violent and sexual crimes, as are delivery drivers for popular services such as Uber Eats, DoorDash, Instacart, and Caviar. The same standard should apply to cannabis industry workers whose job descriptions include many of the same tasks, argues Senator Moore.

Other policies within the legislation include the establishment of a Cannabis Social Equity Trust Fund, a fund designed to make grants and loans to entrepreneurs from communities disproportionately harmed by marijuana prohibition, changes to the host community agreement process to simplify and streamline the application process, new requirements to bring more immediate relief to individuals seeking expungement of a past cannabis criminal convictions, and steps toward the permitting of social consumption sites.

Senator Moore’s testimony comes after he sent a letter to the CCC and several commissioners last month expressing his concerns. A full version of Senator Moore’s letter can be found here.

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Senator Michael Moore to Host Firearm Safety and Education Day

(AUBURN 9/5/2023) — Senator Moore today announced that he will host a Firearm Safety and Education Day event in late October. The event returns after a hiatus due to the COVID-19 pandemic. Pre-registered participants will receive hands on instruction on proper gun, rifle and shotgun use by the friendly and knowledgeable staff at the Auburn Sportsman’s Club. The event is free and includes equipment, student texts, lunch, and refreshments. At the end of the day-long course, participants will be eligible to apply for their license to carry.

Space at this event is limited and available on a first come, first served basis. Registration is open to all, but preference will be given to residents of the Second Worcester District.

The event will take place on Saturday, October 28th, 2023 and run from 8:30am to 4:30pm. It will be hosted by the Auburn Sportsman’s Club, located at 50 Elm Street, Auburn MA 01501.

Interested individuals can sign up by emailing Doreen.Goodrich@masenate.gov or by calling Senator Moore’s Boston office at (617) 722-1485.

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Healey-Driscoll Administration Awards $65 Million in Community Development Block Grants

(BOSTON 9/1/2023) — Last week, Lieutenant Governor Kim Driscoll and Secretary of Housing and Livable Communities Edward Augustus Jr. joined Gardner Mayor Michael Nicholson, members of the local legislative delegation, and municipal leaders from across the state to award $64.9 million in Community Development Block Grants (CDBG). These federal funds will support a variety of housing, community, and economic development projects and programs in 72 Massachusetts cities and towns, including Millbury.

“I am thrilled to hear that Millbury will be a recipient of a generous $1.35 million Community Development Block Grant this year,” said Senator Michael Moore (D-Millbury). “This grant will fund real, tangible improvements to the Millbury Senior Center and a critical intersection in the center of town. I’d like to thank the Governor, Secretary Augustus, and all the local leaders who worked together to deliver this grant to the people of Millbury.”

“The Town of Millbury is grateful to our partners at the Central Mass Regional Planning Commission and the Commonwealth to receive such a significant Community Development Block Grant award” said Karyn Clark, Millbury Acting Town Manager. “Funds will be utilized to support an energy efficient roof and insulation upgrades at the Millbury Senior Center, as well as utility and streetscape improvements to the Maple and Providence Street intersection, adjacent to a Millbury Housing Authority facility.”

“This investment will allow cities and towns across Massachusetts to strengthen and revitalize their communities,” said Governor Maura Healey. “Across the state, we are going to see cities and towns use these Community Development Block Grants to fix their roadways, expand their housing options, and improve the quality of life they offer their residents – and we’re so excited to see the impact those investments will have. We’re grateful to our federal delegation and the Department of Housing and Urban Development for their work in getting these funds to Massachusetts and for their commitment to helping us make Massachusetts the most competitive, most affordable, and most equitable state we can possibly be.” 

“As a former Mayor, I know firsthand how grants like this play a critical role in giving our towns and cities the resources they need to make a real impact on the lives of Massachusetts residents,” said Lieutenant Governor Kim Driscoll. “We know how important it is to invest in our communities, and these CDBGs open doors to opportunities for growth and revitalization across the state. We’re so excited to see all the awardees use these funds to improve their communities.”    

“The funds awarded today will improve the lives of Massachusetts residents,” said Ed Augustus Jr., Secretary of Housing and Livable Communities. “From Washington D.C. to Main Street, these funds represent a partnership across all levels of government. Today we put the power of federal funding into the hands of local communities to invest these flexible grant dollars directly into the programs and services residents need most. EOHLC is proud to partner with cities and towns to ensure that these funds are spent efficiently and effectively, and I congratulate all this year’s awardees.”

This year’s awards reflect combined FFY22 and FFY23 CDBG funding.

CDBG funds are allocated annually to the Commonwealth through the federal Department of Housing and Urban Development (HUD) and administered by EOHLC. Communities may apply alone, or multiple communities may join and apply together. 

CDBG funds are designed to be flexible so recipients can use their funds on a wide range of eligible projects. Assistance is provided to qualifying cities and towns for housing, community, and economic development projects that assist low-and moderate-income residents or revitalize areas of slum or blight.

A full list of awardees can be found here.

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Early Childhood Mental Health Consultation Grant Awarded to Community Healthlink of Worcester

(BOSTON 8/28/2023) — Last week, Massachusetts Department of Early Education & Care Commissioner Amy Kershaw announced the six recipients of the FY24 Early Childhood Mental Health Consultation (ECMHC) Grant, including an award of $602,242 to Community Healthlink of Worcester. The grant, funded by the Massachusetts State Budget passed by the Legislature, aims to fund mental health consultation services for children to help them address developmental, emotional, and behavioral challenges. Providing this support will support healthy development, reduce the suspension and expulsion rate in early childhood and care settings, and promote school success.

“Providing mental, emotional, and behavioral support to young children who need it is critical to setting our youth up for lifelong success in school, at home, and beyond,” said Senator Michael Moore (D-Millbury). “I am pleased that Commissioner Kershaw and the Department of Early Education & Care have selected Community Healthlink to receive this generous grant to connect children in Central Massachusetts with mental health counseling. I’m hopeful that the legislature will continue to fund programs like these.”

"We are in a time of mental health crisis and providing the necessary support to organizations equipped to do the work of caring for our youngest residents is vital," said Senator Robyn Kennedy (D-Worcester). "As an advocate for early childhood resources – supporting the health and wellbeing of every child – I am thrilled to see Community Healthlink receive this grant to directly help children with the tools needed for a successful transition into adolescence and adulthood."

Community Healthlink is a community-based provider of mental healthcare for children, families, and adults. The organization provides care through a wide variety of programs, including in-home therapy services, mobile crisis intervention, support services for children with disabilities, counseling for survivors of abuse, and more. Their service area includes much of Central Massachusetts. Community Healthlink is a division of UMass Memorial Health, Central Massachusetts’ leading healthcare system.

The FY24 ECMHC Grant was awarded to five other organizations, including Behavioral Health Network, Inc. of Springfield, Enable, Inc. of Canton, Justice Resource Institute, Inc. of Needham, Massachusetts Society for the Prevention of Cruelty to Children of Lexington, and Walker, Inc. of Needham.

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Home Rule Petition to Authorize Real Estate Tax Abatement for Ava Roy Passes Legislature

(BOSTON 8/17/2023) — State Representative Hannah Kane (R-Shrewsbury) and Senator Michael Moore (D-Millbury) are happy to announce that the Legislature has authorized Shrewsbury to grant a real estate tax abatement for Ava Roy, daughter of firefighter Christopher Roy.

House Bill 3906, An Act authorizing the town of Shrewsbury to grant abatement of real estate taxes for the daughter of fallen firefighter Christopher Roy, authorizes the town of Shrewsbury to grant real estate tax abatement for the domicile of Ava Roy as long as it is owned and occupied by her guardian, trustee, conservator, adoptive parent, or other fiduciary. Ava Roy’s father, Christopher Roy, was a Worcester firefighter who was killed in the line of duty in 2018. Ava is under the guardianship of her grandparents and lives with them in Shrewsbury. Tax assessors are allowed to exempt real estate taxes for the surviving minor children of police or firefighters who are killed in the line of duty if the minor child owns and occupies the property, and a trust set up for Ava holds percentage ownership of the property. However, Ava is a minor child, and as such is unable to own the property nor serve as trustee. As a result, the Shrewsbury Board of Assessors was unable to grant tax relief until the passage of this bill.

“I am pleased that Shrewsbury will now be able to exempt the real estate taxes for the home in which Ava Roy lives with her grandparents,” Representative Hannah Kane (R-Shrewsbury) said. “This measure satisfies the intent of the original state law allowing for a property tax exemption to the children of fallen firefighters.  I am grateful to the Assessor’s office in the town of Shrewsbury for bringing to my attention the need for special legislation to provide this benefit in Shrewsbury. Senator Moore and I are happy to have filed and helped expedite this legislation after the passage of the home rule petition at Shrewsbury Town Meeting this past May.”

“With the passage of this legislation, Ava Roy will receive the state support that she deserves after the tragic death of her father, Christopher Roy,” said Senator Michael O. Moore (D-Millbury). The Commonwealth must give back to those whose family members lose their lives as a result of serving their communities, and I’m proud to have worked with Representative Kane to uphold Christopher Roy’s memory.”

House Bill 3906 is a home rule petition filed at the request of Shrewsbury after it was unanimously passed at Shrewsbury’s May 2023 Annual Town Meeting. It was passed by the House and Senate on August 17, 2023. Governor Healey is expected to sign the bill in the coming days.

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Governor Maura Healey Signs $56 Billion Fiscal Year 2024 Budget

(BOSTON 8/10/2023) — Gov. Maura Healey yesterday signed a $55.98 billion state budget for Fiscal Year 2024 (FY24), making historic investments in schools, child care, workforce development, public transit, housing, climate resiliency, and other key areas that will help make Massachusetts more affordable, competitive, and equitable. The budget includes hallmark proposals from Governor Healey, including making community college free for students aged 25 and older through MassReconnect, expanding Commonwealth Cares for Children (C3) grants for early education and care providers, increasing funding for Early College, Innovation Career Pathways, apprenticeships and other workforce development programs, and dedicating 1 percent of the budget to energy and the environment for the first time.

The FY24 budget also solidifies the state’s partnership with its cities and towns, making historic investments in Chapter 70 school aid, unrestricted government aid, and student transportation. This spending plan fully funds another year of the Student Opportunity Act and dedicates resources to help cities and towns redevelop and revitalize their downtowns.

“The single most important thing we can do as legislators is make investments that will pay dividends for years down the road. By choosing to invest in the Commonwealth’s people, services, industry, and infrastructure, we are doing exactly that with the passage of the FY24 Budget,” said Senator Michael Moore (D-Millbury). “I’m pleased that my colleagues and I were able to come together to make smart, targeted, and responsible investments in the parts of the Commonwealth that need it the most. I’m also thrilled that I was able to secure 14 amendments, including local earmarks for each and every community in the Second Worcester District. I’d like to thank Governor Maura Healey, Lieutenant Governor Kim Driscoll, Senate President Karen Spilka, Chair Rodrigues, House Speaker Ron Mariano, and my House and Senate colleagues for their leadership during this budget debate.”

The budget, for the first time, makes strategic use of $1 billion in new revenue generated from the voter-approved Fair Share income surtax and establishes a blueprint for how this revenue will be tracked and spent in future years on priorities in education and transportation, as directed by the voters.

“Our administration is proud to deliver our first budget that meets the moment by making Massachusetts more affordable, competitive and equitable. This budget makes significant investments in schools, child care, clean energy, the environment, and access to mental and physical health care,” said Governor Maura Healey. “We are grateful to Speaker Mariano, Senate President Spilka, Chair Michlewitz, Chair Rodrigues and the entire Legislature for their hard work on this budget that reflects our shared values. We look forward to finishing the job by delivering a tax relief package that will put money back into the pockets of families, renters, seniors and more.”

The FY24 budget is balanced and does not rely on any use of one-time funds from the state’s stabilization account, the balance of which will grow to an all-time high of more than $8.5 billion after an anticipated $525 million deposit. The bottom line responsibly reflects $200 million set aside to fund collective bargaining agreements for the new fiscal year.

The plan also sets aside $580 million for the first year of a tax relief plan the Healey-Driscoll Administration filed in March that is pending final resolution with the Legislature, where each branch has approved their own versions of the bill. This tax package would put money back in the pockets of residents who need help with costs like food, housing and child care. Notably, the budget includes a section initially filed in the tax package to reauthorize Brownfields Tax Credits, which will allow for contaminated sites to be remediated and redeveloped for critical uses like housing.

The FY24 budget includes key investments to help make Massachusetts more affordable. It invests in programs like the Massachusetts Rental Voucher Program (MRVP) by adding 750 new vouchers for low-income tenants and providing $37 million for HomeBASE to connect Emergency Assistance (EA)-eligible families with more permanent housing opportunities.

It funds and makes permanent universal lunch for public school K-12 students and dedicates $475 million to child care providers through the C3 program. The budget also uses $25 million to permanently support Food Security Infrastructure Grants and delivers more than $330 million in student financial aid, including $84 million to expand MASSGrant Plus scholarships for low-income, in-state, undergraduate students attending public higher education institutions.

Amendments Secured by Senator Moore

Statewide

• Expanding access to contraceptives – authorizes local pharmacists to prescribe hormonal contraceptives when appropriate, based on rules to be determined by the Department of Public Health

• REDO Funding Guardrails – requires at least $1,500,000 in funding allocated to Regional Economic Development Organizations (REDOs) is used by REDOs themselves, and not for state-directed “special projects”

• Accelerated Repair Program Spending Cap Exemption – exempts the Accelerated Repair Program from the Massachusetts School Building Authority’s statutory spending cap

• $1.526 million to fund Court-Appointed Special Advocate programs across the Commonwealth, including $430,000 for these programs in Worcester County

• $400,000 in additional funding for hate crime prevention programs in elementary and secondary public schools in Massachusetts, bringing the total funding to $800,000

• $100,000 for Bottom Line, Inc to support its college transition and retention services for low-income and first-generation college students

• $200,000 to fund updated sound tests along Massachusetts’ highway system to determine updated placement and priority of sound barriers

Regional

• $500,000 in additional funding for the Massachusetts Academy of Math and Science at Worcester Polytechnic Institute, bringing the total funding to $2 million

• $83,000 to Blackstone Valley Regional Vocational Technical School to remove and replace a 30-year-old underground storage tank; $25,000 is provided by Senator Ryan Fattman (R-Sutton)

• $40,000 to the Lake Quinsigamond Commission to manage invasive plants, monitor water quality, provide educational opportunities, and upgrade waterway navigation markers

Auburn

• $20,000 to Auburn Youth and Family Services for building improvements

• $25,000 to the Town of Auburn to purchase a public safety dispatch digital recorder

Grafton

• $47,000 to Community Harvest Project in Grafton to purchase a tractor to continue to harvest fresh produce for local food banks

Millbury

• $5,000 to Millbury Public Schools to support the Millbury Carpentry Partnership Program

• $30,000 to Millbury Public Schools to support the Advanced Manufacturing and Computer Science Program

• $35,000 to the Town of Millbury to fund building improvements at Millbury Town Hall

Shrewsbury

• $35,000 to Dean Park in Shrewsbury for ADA accessibility improvements

Westborough

• $45,000 to the Town of Westborough to purchase security cameras for Westborough Town Hall and Westborough Senior Center

Worcester

• $100,000 to CENTRO Inc in Worcester for the operation of their Minority Economic Empowerment and Home Ownership Center

• $60,000 to the City of Worcester to support additional emergency housing for unsheltered families in Worcester

Outside Sections and Vetoes

Gov. Healey signed 103 of the 112 outside sections included in the budget and has returned eight sections with amendment and vetoed one section. Of those outside sections signed into law, the administration is proud to support in-state tuition for undocumented immigrants, universal school lunch, tenant protections and an expansion of ConnectorCare for low- to middle-income individuals earning up to 500 percent of the federal poverty level.

Other outside sections returned with technical amendments, but supported by the administration, include:

• Extending the implementation date for no cost calls for inmates at state and county correction facilities by five months to make sure the policy can be thoughtfully implemented and is affordable in FY24.

• Giving employers and the Department of Family and Medical Leave more time to effectuate the section allowing workers to supplement their weekly PFML benefit amount with accrued vacation time, sick time, or other paid time off to collect their average weekly wage.

In signing the FY24 budget, Gov. Healey has vetoed an outside section authorizing the use of $205 million in one-time funding from the Transitional Escrow account to support ongoing programming. To balance the budget, the Governor has also vetoed approximately $205 million in net spending from the plan.

FY24 Budget Highlights

Fair Share

$524 million for education

• $71 million for early education and care will increase childcare slots for income-eligible families and put the Commonwealth on a path to universal Pre-K

• $224 million for K-12 education will guarantee access to free lunch for students across the Commonwealth, expand pathways for high school students to earn college degrees and fund clean energy infrastructure in schools

• $229 million for higher education that will help make community college and a four-year degree more accessible through the MassReconnect program and financial aid expansions

$477 million for transportation

• Preserve critical highway bridge infrastructure

• Improve accessibility at MBTA stations

• Initiate means-tested MBTA fares

• Create a path for innovative service pilots and increased rural connectivity for regional transit authorities

Education and Local Aid

• Fully funding of the Student Opportunity Act, including a $594 million, or 9.9 percent increase, in Chapter 70 funding

• $475 million for Commonwealth Cares for Children grants to early-education providers

• $10 million for a career pathways program for early educators

• Extends in-state tuition rates at the state’s public universities to immigrants without documentation

• $172 million in permanent funding to provide universal school lunch for public school K-12 students

• A 3.2 percent increase to Unrestricted General Government Aid

• Major increases of $21.3 million for school transportation reimbursement and $9.5 million for rural school aid

• Full funding of Special Education Circuit Breaker

• Increases payments in lieu of taxes (PILOT) for state-owned land by $6.5 million or 14 percent

Housing and Homelessness

• Supports the creation of the new Executive Office of Housing and Livable Communities

• Creates 750 new Massachusetts Rental Voucher Program (MRVP) vouchers for low-income tenants

• Creates 150 new Alternative Housing Voucher Program (AHVP) vouchers for individuals with disabilities, including, for the first time, 50 project-based vouchers

• Reauthorizes the Brownfields Tax Credit recommended in our tax relief package

• $324 million for the Emergency Assistance Family Shelter (EA) program, representing a 48 percent increase over Fiscal Year 2023 

• $37 million for HomeBASE to connect EA-eligible families with more permanent housing opportunities

• Addressing and preventing homelessness by making Chapter 257 eviction protections permanent for renters with pending EA applications

Economic Development

• $8 million for targeted initiatives at the Massachusetts Technology Collaborative to support workforce, manufacturing, cybersecurity, and the innovation economy 

• $5 million for Small Business Technical Assistance Grants to leverage the expertise of nonprofits to offer technical assistance, education, and access to capital for small businesses ​

• $600,000 for the Massachusetts Downtown Initiative for municipalities looking to revitalize their downtowns​

Health and Human Services

• $173 million for Chapter 257 rate increases for human service providers

• $192 million from the Behavioral Health Trust Fund for one time programming aimed at recruiting and supporting a diverse behavioral workforce, including a ​$100 million enhancement to the Loan Repayment Program for mental and behavioral health professionals 

• An increase of $44.6 million for behavioral health initiatives at the Department of Mental Health to expand inpatient and community capacity

• Adds $6.1 million for immigrant and refugee services, including $1.8 million for health assessments and $1.5 million for employment programs

• $2.75 million for Technology Forward to provide assistive technology and remote supports/monitoring

• Supports a pilot to expand subsidized ConnectorCare coverage to individuals at or below 500 percent of the federal poverty limit

• Expands access to contraceptives by allowing pharmacists to prescribe and dispense hormonal contraceptives to individuals without previous prescriptions

Workforce Development

• $16.2 million for Summer Jobs Program for At-Risk Youth (Youthworks) to subsidize wages and facilitate career development of at-risk youth 

• $15.4 million for Career Technical Institutes

• $3.8 million for the Registered Apprenticeship Program to fund approximately 1,000 placements 

Serving Our Veterans

• Funds the new Veterans’ Services at $185.6 million, a $11.4 million, or 7 percent, increase from FY23 GAA​

• Prepares for the opening of new Soldiers' Homes facilities

• Chelsea’s long-term care transition from the Quigley Building to Community Living Center will begin March 2023​

• Holyoke is set to replace its long-term care facility by 2027 and is in the design phase of the project with DCAMM​

• Invests in payroll and overtime costs for nursing staff at the Homes

Transportation

• $100 million for a new Municipal Partnership grant program for a road construction reserve

• $28 million for implementation of the Work and Family Mobility Act, including extended RMV service hours

• $200 million for MBTA capital investments including station accessibility and improvements and design for the Red-Blue connector.

• $20 million for the MBTA Workforce Safety Reserve, which can be used to support employee recruitment and retention

• $5 million for implementation of means-tested fares

• $15 million for fare-free pilot programs at Regional Transit Authorities

Energy and the Environment

• Funds the Executive Office of Energy and Environmental Affairs at $557.9 million, 1 percent of total available funding for FY24 GAA

• This represents a $119.5 million, or 27 percent, increase over FY23, including new environmental justice staff and funding to establish a Federal and Regional Strategic Planning Office to coordinate market reform, transmission, and hydropower

• $25 million to permanently support Food Security Infrastructure Grants 

• $30 million for the Massachusetts Clean Energy Center to support wind technology, clean homes, and workforce training programs in the clean energy industry

• $4.8 million for a decarbonization clearinghouse for energy efficiency, electrification, and storage

• $5 million to address deferred maintenance at the Department of Conservation and Recreation parks and facilities

Criminal Justice and Public Safety

• Funding for re-entry pathways including green career training programs

• Supports new and enhanced training requirements through the POST Commission and Municipal Police Training Committee

• $2 million to establish a Safe Neighborhood Initiative, a collaborative effort with law enforcement and community leaders to develop comprehensive solutions to reduce crime and protect communities

Technology and Cybersecurity

• $9.2 million in additional cybersecurity investments

• $2.6 million in software licenses for Web security, network endpoint protection, and threat detection

• Supports continued consolidation of IT services for executive branch departments

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Nursing Facility Capital Improvement and Innovation Project Loan Recipients Announced

(BOSTON 8/10/2023) — Earlier this week, MassHealth announced the awardees of the Nursing Facility Improvement and Innovation Project Forgivable Loan Program, several of which are located in Worcester. This program, funded through Section 1599-2029 of Chapter 102 of the Acts of 2021, An Act relative to immediate COVID-19 recovery needs, grants forgivable loan awards to certain nursing facilities to be used on capital improvement projects meeting certain requirements.

To be awarded a forgivable loan, a project must accomplish at least one of the following goals:

• Develop specialized care capacity, such as den dialysis, infectious disease isolation, etc. (through use of new space or conversions of existing space);

• Offset the costs of pay-go capital improvements such as upgrades to heating, ventilation, and/or air conditioning systems; or

• Fund innovative projects, such as converting multibed rooms to two-bedded or single occupancy.

“Our seniors deserve the absolute best care. I am thrilled to see that the Commonwealth is investing in improving nursing homes in Central Massachusetts and across the state,” said Senator Michael Moore (D-Millbury). “Improving air quality, upgrading technology, bringing more amenities to residents – these are all worthy causes. I’m pleased to have voted to authorize these grants, and I’m committed to working with my colleagues to deliver funds like these to further improve the Bay State’s nursing home care.”

Forty-eight projects were awarded grants, including nine in Worcester. A list of local projects can be found below:

Bear Mountain at Worcester

• Worcester

• Rooftop

• $109,233.25

Bear Mountain at Worcester

• Worcester

• Call bell system

• $36,713.25

Knollwood Nursing Center

• Worcester

• HVAC

• $226,625.00

Lutheran Rehabilitation and Skilled Care Center

• Worcester

• De-densification and related construction costs

• $911,057.60

Lutheran Rehabilitation and Skilled Care Center

• Worcester

• IT infrastructure; improvements to electronic medical records; patient/provider communication systems

• $144,005.68

Odd Fellows Home of Massachusetts, Inc

• Worcester

• HVAC

• $226,625.00

Parsons Hill Rehabilitation & Health Care Center

• Worcester

• HVAC

• $226,625.00

West Side House

• Worcester

• Air filtration system

• $150,029.38

Worcester Rehabilitation & Health Care Center

• Worcester

• HVAC

• $226,625.00

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Investigating History Grant Awarded to Millbury Public Schools

(BOSTON 8/9/2023) — The Massachusetts Department of Elementary and Secondary Education (DESE) recently announced the awardees of the Investigating History Implementation grant, a federally funded grant which will support school districts with the costs of adopting and implementing the newly released Investigating History curriculum. Millbury Public Schools is among the awardees, slated to receive a $23,200 grant.

The Investigating History curriculum, released by DESE for the 2023-2024 school year, provides “easy access to a comprehensive, authentic, inquiry-based curriculum that is fully aligned to the 2018 History/Social Science Framework,” according to their Investigating History webpage. Developed in partnership with teachers and history scholars, this curriculum encourages students to ask and answer “authentic, interesting questions that drive toward deeper, richer understanding of the past and the present.” Implementation of the curriculum will start with grades five, six, and seven.

“At a time when history education is being attacked and systemically dismantled in states across the country, Massachusetts is taking action to create a curriculum that immerses students in real, authentic history lessons that will encourage them to dive deeper into their schoolwork,” said Senator Michael Moore (D-Millbury). “I am thrilled to hear that the Massachusetts Department of Elementary and Secondary Education has awarded a generous grant to Millbury Public Schools to support their implementation of the new Investigating History curriculum. This curriculum will not only help students learn about the history around them, but it will also provoke questions that help them better understand the ‘why’ behind historical events. Thank you to Commissioner Jeff Riley for bettering our education here in the Commonwealth.”

The Investigating History Implementation Grant was awarded to 38 school districts across Massachusetts, supporting around 550 individual teachers with a total grant amount of approximately $575,000 in FY24. More information on the Investigating History Implementation Grant can be found here.

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