Senate Passes the SAVE Students Act

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

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

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

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

 

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

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

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

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

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

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Massachusetts Legislature Passes Veterans’ Home Governance Legislation

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

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

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

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

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

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

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

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

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Massachusetts Legislature Passes Veterans’ Home Governance Legislation

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Massachusetts Legislature Passes Major Clean Energy Bill

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

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

Offshore wind

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

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

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

Solar energy

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

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

Grid readiness

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

Green transportation

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

Under the bill, the rebate amount will increase by $1,000, to $3,500 for passenger cars and light-duty trucks. Moreover, electric vehicle purchasers who trade in their emission-producing vehicles will be eligible for an additional incentive of $1,000. The program may include a point-of-sale rebate model for individual purchases that offers consumers savings at the point of purchase or lease. The bill also makes used vehicles eligible for rebates. Further, the bill directs the Department of Energy Resources (DOER) to conduct an outreach campaign to promote awareness about the MOR-EV program among consumers and businesses in underserved and low-income communities, as well as in communities with high proportions of high-emission vehicles.

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

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

Finally, the bill takes historic steps to address emissions that come from MBTA bus fleets. Starting in 2030, this bill requires every passenger bus that is purchased or leased by the MBTA to be a zero-emission vehicle. By the end of 2040, the MBTA will be required to operate exclusively zero-emission vehicles. Underserved and low-income communities would be prioritized for the equitable deployment of these zero-emission buses.

Building decarbonization

To tackle the difficult issue of emissions from the building sector, the bill creates a 10-municipality demonstration project allowing all-electric building construction by local option. Participating municipalities must receive local approval before applying into the demonstration project. The measure has two important provisos: first, each community must first meet certain affordable housing or multifamily development thresholds; and second, each must exempt life sciences labs and health care facilities from the all-electric requirement.

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

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

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

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

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

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

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

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

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

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

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

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Senate Passes Legislation to Promote Economic Growth and Give Residents Relief

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

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

The amendments passed by Senator Moore include:

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

·       $100,000 to purchase firefighter radios for Grafton

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

·       $90,000 to purchase wayfinding signs for Westborough

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

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

·       $35,000 to fund Dismas House in Worcester

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

·       $150,000 bond to fund Veterans Inc

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

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

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

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

Tax Relief

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

The bill would further provide permanent tax relief by:

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

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

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

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

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

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

Appropriations

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

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

·       $250 million for rate increases for human service providers

·       $195 million for nursing facilities and rest homes

·       $80 million for Community Health Centers

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

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

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

·       $17.5 million for reproductive and family planning services

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

·       $150 million for the Massachusetts Clean Water Trust

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

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

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

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

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

·       $150 million to support the production of workforce housing

·       $150 million for the Affordable Housing Trust Fund

·       $100 million for the CommonWealth Builder Program

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

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

Bond Authorizations

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

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

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

o   $75 million for a robotics capital program

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

·       $268.8 million for housing related investments, including:

o   $95.2 million for housing authority capital improvements

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

o   $29.5 million for the Housing Innovations Trust Fund

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

·       $50 million for matching funds to improve broadband infrastructure

·       $50 million for a program to revitalize underutilized properties

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

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

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

·       $10 million for Tourism Destination Development Grants

·       $5 million for community planning grants

Additional Policy Items

The bill also establishes the following new programs and institutions:

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

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

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

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

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

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

Amendments

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

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

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

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

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

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

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

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

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

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

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

·       Empower farmer distilleries to sell wine and distilled products

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

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Senator Moore Announces Passage of FY23 State Budget Funding

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

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

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

Auburn

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

Grafton

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

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

Millbury

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

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

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

Shrewsbury

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

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

Upton

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

Worcester

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

Other education investments include:

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

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

  • $82.2 million for regional school transportation

  • $23 million for homeless student transportation

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

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

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

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

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

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

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

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

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

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

Other health care and public health investments include:

  • $113.1 million for children’s mental health services

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

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

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

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

Building on the foundation of last year’s efforts to tackle deep poverty, the FY23 budget supports working families struggling with the economic toll associated with rising costs and includes a record investment in the annual child’s clothing allowance, providing $400 per child for eligible families to buy clothes for the upcoming school year. The budget also includes a 10 percent increase to Transitional Aid to Families with Dependent Children (TAFDC) and Emergency Aid to the Elderly, Disabled and Children (EAEDC) benefit levels compared to June 2022 to ensure the economic supports necessary to provide stability to families across the state.

Other children and family investments include:

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

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

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

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

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

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

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

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

For the first time ever, the FY23 budget removes barriers to communication services for incarcerated persons and their loved ones, requiring the Department of Correction (DOC) and sheriffs to provide phone calls free of charge to those receiving and initiating phone calls and other services such as video or electronic communications. It also establishes a new requirement that commissary items in correctional facilities shall not be sold at more than 3 per cent over the purchase cost. Both changes ensure that correctional facilities do not unjustly profit off the basic needs of incarcerated persons. The budget also eliminates probation and parole fees, reducing the burden on individuals during their re-entry process. Currently, individuals pay $50 per month for administrative supervised probation fees, $65 per month for probation supervision fees, and $80 per month in parole fees.

To meet the needs of our Commonwealth’s post-pandemic recovery, the FY23 budget invests more than $100 million to bolster job training programs, help connect unemployed and under-employed people with higher paying jobs and support career services that help students gain skills to apply for future jobs. The budget includes $20 million for Career Technical Institutes to increase the skilled worker population’s access to career technical training opportunities, a $17 million transfer to the Workforce Competitiveness Trust fund, and $15 million for one-stop career centers to support economic recovery. The budget also includes a $1 million investment in Learn to Earn and $1 million for the 1199 SEIU Training and Upgrading Fund.

Other investments in economic and workforce development include:

  • $60 million for Adult Basic Education

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

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

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

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

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

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

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

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


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

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Senate Passes Wide-Ranging Transportation Infrastructure Bond Bill

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • $3.5 billion for discretionary federal grant projects

  • $2.8 billion for federal highway systems projects

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

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

  • $407.7 million for local and regional transportation projects

  • $400 million for MBTA safety projects

  • $275 million for the East-West rail project

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

  • $114 million for airport improvements

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

  • $82 million for the industrial rail access program

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

  • $25.5 million for the mobility assistance program

  • $25 million for municipal road pavement improvements

  • $20 million for the Complete Streets program

  • $10 million for the public realm improvement program

  • $1 million for local and regional transportation projects

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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State Senate Passes Landmark Anti-Poaching Legislation

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

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

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

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

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

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

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Senate Passes Animal Welfare Legislation

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

 

Protecting Puppies and Kittens

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

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

 

Beagle Bill

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

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

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

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

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

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

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

 

Trauma Informed Care

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

 

Scholarships for Credentials and Certificates

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

 

Subsidized Early Education Programs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Senate Passes Juvenile Court and Civil Asset Forfeiture Legislation

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

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

 

Juvenile Criminal Legal Reform

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

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

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

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

 

Civil Asset Forfeiture Reform

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

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

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

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Senate Passes Important Legislation to Increase Access to HIV Prevention Medication

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

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

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

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

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

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

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

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Senate Passes Legislation for Children and Families

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

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

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

 

Safeguards for DCF-Involved Youth

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

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

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

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

Foster Parents’ Bill of Rights 

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

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

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

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Senate Passes Legislation Repealing Archaic Laws

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

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

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

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

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

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

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

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

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

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

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

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Senate Passes General Government Bond Bill

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

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

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

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

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

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

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

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

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

·       $675 million for improvements to court facilities

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

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

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

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

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

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

Additional funding in the bill includes:

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

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

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

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

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

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

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

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Senate Passes Landmark Voting Reform Legislation

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

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

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

Permanent mail-in voting

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

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

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

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

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

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

·       Guarantees return postage for all mail-in ballots.

Expanded early voting in-person

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

·       Requires municipalities to establish accessible early voting sites.

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

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

Electronic voting options for voters with disabilities and service members

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

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

Registration reforms

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

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

·       Clarifies the automatic voter registration process.

Jail-based voting reforms

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

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

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

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

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

Flexibility for local officials and improvements to election administration

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

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

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

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

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

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

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

The VOTES Act now heads to the House for consideration.

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