Firefighter Safety Equipment Grant Recipients Announced

(BOSTON 2/7/2024) — The Healey-Driscoll Administration yesterday announced $5 million in awards to 321 Massachusetts fire departments through the state’s Firefighter Safety Equipment Grant program. Recipients include fire departments in Grafton, Millbury, Shrewsbury, Westborough, and Worcester.

Fire departments across Massachusetts were invited to apply to the Firefighter Safety Equipment Grant program, which provides reimbursement on purchases of 135 different types of eligible equipment. Eligible items include hoses and nozzles, turnout gear, ballistic protective equipment, gear washers and dryers, thermal imaging cameras, hand tools and extrication equipment, communications resources, hazardous gas meters, and more. In many cases, the purchase of this equipment will help departments attain compliance with Occupational Safety & Health Administration or National Fire Protection Association safety standards. This is the fourth year that funding has been awarded through the program.

“Our firefighters risk their lives each and every day to save those in their communities. The least we can do as a society is offer these brave men and women the best in protective equipment to reduce the risk of immediate or long-term injury,” said Senator Michael Moore (D-Millbury). “I’m thrilled that several towns in my district will receive funding through the Firefighter Safety Equipment Grant program. Investments in our first responders are always worthwhile, resulting in communities that are safer and more secure for everyone.”

Grants awarded in the Second Worcester District include:

• Grafton – $19,000

• Millbury – $19,000

• Shrewsbury – $25,000

• Westborough – $18,965.24

• Worcester – $34,674.26

A complete list of awards by department can be found here. The Firefighter Safety Equipment Grant program is funded through the Massachusetts Legislature.

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Senate Passes Common Sense Gun Reform Legislation

(BOSTON 2/2/2024) — Yesterday, with bipartisan support, the Massachusetts Senate passed An Act to sensibly address firearm violence through effective reform – the SAFER Act – to increase firearm safety in the state without infringing on the rights of gun owners. Following a thorough debate amongst members on the Senate floor, the bill passed 37 to 3.

The omnibus legislation, S.2572, was introduced following extensive testimony at a November hearing of the Joint Committee on Public Safety and Homeland Security, where the public provided over four hours of testimony on more than 50 gun safety bills. Led by Majority Leader Cynthia Stone Creem, the bill’s passage follows months of discussions which included stakeholders and advocates with diverse perspectives on the issue.

The bill’s provisions would help make residents safer – and ultimately save lives – by building on the Commonwealth’s already strong record on gun safety and updating laws to prevent those who wish to do harm from being able to access and use deadly weapons. It would reform and modernize the state’s firearm laws, support the state’s public safety and public health infrastructure in mitigating gun violence, and strengthen accountability and oversight mechanisms for illegal gun activity. That includes elevated penalties for the use of firearms against police officers and for violations of parole related to firearm crimes.

“Massachusetts has a long legacy of common-sense gun safety laws – laws that have resulted in the Commonwealth having one of the lowest gun death rate in the nation,” said Senator Michael Moore (D-Millbury). “I’m pleased that the Senate is acting to update these regulations and react to the rapidly changing modern landscape of firearm availability, modifiable accessories, and technological advancements. I’m also proud of the three amendments I made to this bill with the support of my colleagues that will help make sure we can protect our communities from gun violence without infringing the right to bear arms for law-abiding gun owners.”

During debate, three of Senator Moore’s amendments were approved by the Senate:

• Amendment 2 aligns the definition of a ‘silencer’ with the federal definition, broadening Massachusetts’ silencer ban to include devices that are sold for the sole purpose of being easily modified into firearm silencers. These devices are often marketed as things such as fuel filters and solvent traps. This amendment was passed with the support of Massachusetts Attorney General Andrea Joy Campbell.

• Amendment 3 establishes a task force to study the addition of live-fire training as part of the process to obtain a license to carry a firearm. This task force, made up of government leaders, law enforcement officials, gun safety advocates, and second amendment activists, would study and make recommendations for the implementation of live-fire training, including on cost, firearm types, firearm instructor credentials, and insurance. The task force would issue a report by August of 2025.

• Amendment 5 creates a commission to study the feasibility of establishing a ballistics and forensics gun laboratory for the use and benefit of regional law enforcement.

The legislation focuses on common sense policies to reduce gun crime and gun injuries in the Commonwealth and updates the state’s laws to provide law enforcement agencies with the necessary support to tackle today’s concerns relating to gun violence prevention, keeping Massachusetts at the forefront of gun safety.

The bill includes the following gun safety policies:

• Ghost Guns. Updates the state’s laws to bring Massachusetts in line with national standards and to ensure accountability and oversight for those who own and possess unserialized and untraceable firearms.

• Assault Weapons. Codifies Massachusetts’ existing prohibition on assault weapons and copies or duplicates of those weapons, to ensure that our residents are kept safe from weapons of war. An amendment, co-sponsored by Senator Moore, established grandfather protections for firearms purchased legally before the implementation of this bill, which will protect law abiding gun owners from inappropriate prosecution.

• Glock Switches and Trigger Activators. Makes it illegal to possess devices that convert semi-automatic firearms into fully automatic machine guns.

• Inspections of Gun Dealers. Ensures that gun dealers are inspected annually and allows the Massachusetts State Police to conduct those inspections if a local licensing agency does not or cannot do so.

• Red Flag Law and Extreme Risk Protection Orders (ERPO). To address concerns about the role mental health crises, the bill allows health care professionals to petition courts to remove firearms and licenses from patients who pose a risk to themselves or others. The bill also allows preemptive orders to prevent a dangerous individual from obtaining a license to carry a firearm.

• Harassment Prevention Orders. Protects survivors of harassment by requiring courts to compel the surrender of firearms by individuals who are subject to harassment protection orders who pose an immediate threat.

• Sensitive Places. Prohibits the carry of firearms in government administrative buildings, with exceptions for law enforcement officers and municipalities that choose to opt out.

• Mental Health and Gun Licensing. Ensures that firearm licensing authorities have access to certain information about an applicant’s history of involuntary mental health hospitalizations due to posing a serious harm—with appropriate safeguards to guarantee privacy and due process. 

• Data Collection. Creates a more robust data reporting and analysis mechanism for guns used in crimes, suicides, and attempted suicides to ensure that the Commonwealth can better target training and enforcement efforts.

• Gun Industry Accountability in Advertising. Prohibits the marketing of unlawful firearm sales to minors and allows industry actors to be held civilly liable if such marketing practices lead to an individual being harmed.

• Firing at a Dwelling. Creates a criminal charge for intentionally firing a firearm at a dwelling or other building in use.

• Community Violence Prevention. Creates a commission to analyze the allocation of state violence prevention funding and recommend changes to reduce gun violence in disproportionately impacted communities; develops a pilot program to promote gun safety awareness and firearms licensing education; and establishes a task force to make recommendations for maximizing federal funding for gun violence prevention in the most equitable way.

• Emerging Firearm Technology. Establishes a commission to study emerging firearm technology, with a particular focus on products and features that could increase safety.

The Senate’s bill garnered support from the Attorney General of Massachusetts, gun violence prevention advocates, District Attorneys, and the Massachusetts Chiefs of Police Association.

During debate, the Senate adopted several other amendments related to the legislation, including:

• Providing more access to the Department of Public Health of gun crime data to ensure gun violence is treated as the public health issue it is.

• Creating a commission to better understand data around gun violence to help get to the root of gun violence crimes.

• Providing information on suicide prevention to individuals taking firearm safety and hunter safety courses.

• Creating a voluntary do-not-sell firearm database to allow individuals who worry they are a threat to themselves or others to voluntarily exclude themselves from having the ability to purchase firearms.

• Updating existing law to require that individuals who have been charged with an unlawful gun offense or violent crime be detained until trial if they are released following a hearing and commit a new unlawful gun offense or violent crime in violation of their bail conditions.

• Creating a new penalty for intentionally discharging a firearm at a law enforcement officer.

• Protecting lawfully owned weapons, normally subject to Massachusetts’ assault weapons ban, that were previously purchased before the 2016 Enforcement Notice

Having been passed by both the Senate and the House, the branches will now reconcile differences between the versions.

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Auburn Awarded Green Communities Grant

(BOSTON – 1/31/2024) The Massachusetts Department of Energy Resources (DOER) last week announced the 50 recipients of the FY23 Massachusetts Green Communities competitive grants. The awards, which total over $7.7 million, will fund clean energy and energy efficiency projects in the Commonwealth. Among the recipients is the town of Auburn, which is slated to receive $155,244.

Funding awarded to Auburn will pay for energy conservation measures and an efficient variable refrigerant flow (VRF) heat pump system in municipal facilities including Bryn Mawr School.

“Retrofitting aging buildings to be more energy efficient saves taxpayer dollars while also reducing our carbon footprint – a win/win,” said Senator Michael Moore (D-Millbury). “I’m thrilled that the Healey Administration and DOER have awarded this generous grant to Auburn. These funds will bring much needed upgrades to municipal buildings and bring us ever closer to our green energy future.”

Representative Paul Frost (R-Auburn) said, “Auburn has been a designated Green Community since 2012, and I am glad to see continued conservation efforts at the local level supported by our state government’s commitment to reducing energy costs over time.”

Under the Green Communities Act, cities and towns must meet five criteria to be designated a Green Community and receive funding. The grants provide financial support for energy efficiency and renewable energy projects that further the designated communities’ clean energy goals and are awarded to existing Green Communities that have successfully invested their initial designation grants and previous competitive grant awards. With the exception of $500,000 building decarbonization grants, awards are capped at $200,000 per municipality.

A full list of grant awardees can be found here.

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National Safety Council Award Presented to Senator Michael Moore

(BOSTON 1/29/2024) — Last week, the National Safety Council (NSC) presented three Massachusetts honorees with the 2023 NSC Advocacy in Safety Award, including to State Senator Michael Moore. This prestigious award recognizes the impact the NSC’s partners have had on safety in their communities and serves as a thank you for their collaborative efforts to achieve shared roadway and workplace safety goals.

“It is an incredible honor to receive the National Safety Council's 2023 Advocacy in Safety Award. From filing legislation to require additional training for young drivers, to securing funding for statewide road safety programs, to leading the charge to recognize National Passenger Safety Week, Distracted Driving Awareness Month, and National Safety Month in Massachusetts — I am proud of my record of pursuing greater roadway safety,” said Senator Michael Moore (D-Millbury). “Thank you to the National Safety Council for your partnership in saving lives on and off our roads. I'm looking forward to our continued partnership as we make sure every Bay Stater gets home safe and sound.”

This year’s Bay State honorees include Senator Moore, Massachusetts RMV deputy chief of staff Sara Lavoie, and Massachusetts State Police Trooper Peter Pollard.

Senator Michael O. Moore, a former law enforcement officer himself, has long been a champion for roadway safety. Since joining the Massachusetts Senate in 2009, Senator Moore has worked hard for the residents of the district, filing legislation that prioritizes public safety, fiscal responsibility, and investments in municipal infrastructure.

Sara Lavoie has more than 17 years of experience working in government in the fields of corrections and transportation. She has served as a press secretary, chief of staff, director and is currently a deputy chief of staff at the Massachusetts Department of Transportation’s (MassDOT) Registry of Motor Vehicles (RMV) division. In her current role as deputy chief of staff for strategic projects and initiatives, Lavoie explores and promotes data-based decision making to solve problems and increase safety and currently providing executive support to the Road Test Program.

Trooper Peter Pollard of the Massachusetts State Police (MSP) has been an MSP Trooper since 2017. He has been assigned to the State Police Traffic Programs Section as the lead instructor for both public and police traffic safety training since 2020. In this capacity, Trooper Pollard instructs recruit and veteran police officers at the local, state, and federal level and provides educational presentations to schools, employers, and community groups. He is an instructor-trainer for Standardized Field Sobriety Tests, Speed Measurement, Advanced Roadside Impairment, Breath Test Operation, and Instructor Development.

An additional honoree will be presented the 2023 Advocacy in Safety Award later this year in Illinois.

The National Safety Council has served as America’s leading nonprofit safety advocate for 110 years. As a mission-based organization, they work to eliminate the leading causes of preventable death and injury, focusing our efforts on the workplace and roadways. NSC creates a culture of safety to not only keep people safer at work, but also beyond the workplace so they can live their fullest lives.

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Senate Acts to Protect Consumers During Real Estate Appraisals

(BOSTON 1/22/2023) — Last week, the Massachusetts Senate passed legislation to enhance consumer protections for residents receiving appraisals for their own real estate, or prospective real estate.

S.2550 – An Act providing consumers with equal protection for all real estate appraisals would require that all real estate appraisals in the state be conducted exclusively by certified or licensed appraisers. If passed into law, the bill would help build consumer trust in the appraisal process by ensuring appraisers are qualified and fall under appropriate regulatory oversight.

“Those who determine something as consequential as the value of a home should have proper training and certification to make an accurate evaluation. That feels like a no-brainer to me,” said Senator Michael Moore (D-Millbury). “The Senate’s action today builds on the Commonwealth’s strong consumer protections and will bring accountability to a largely unregulated market. I’d like to thank my colleagues in the Senate for standing up for hardworking families across the Commonwealth.”

Under current law, Massachusetts allows any person, without having to meet any standards such as education and experience, to perform valuation services for estate settlements, divorces, business dissolutions or litigation, among other things. This exposes consumers to unreasonable risk, as an individual who is not licensed or certified may prepare unsupportable valuations while operating outside of regulatory oversight and accountability. Unlicensed appraisers also mean that there is no recourse by state’s Division of Occupational Licensure when a consumer is harmed.

According to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, forty-two other states ensure consumers are protected by requiring the use of certified or licensed appraisers for all real estate appraisals. By contrast, with licensing required only for federally related transactions such as some mortgages, Massachusetts fails to fully protect consumers. This laxity permits unlicensed individuals to conduct real estate valuation services for any other purpose.

Under the legislation, to attain and retain state certification or licensing for appraisals an individual would be required to meet national and state standards, which include:

• Completing 200 to 300 hours of classroom appraisal education and passing exams.

• Participating in 15 hours of classroom instruction on the Uniform Standards of Professional Appraisal Practice.

• Accumulating 1,000 to 3,000 hours of supervised appraisal experience.

• Passing a 4- to 6-hour national licensing examination.

• Completing 28 hours of continuing education every two years, including 7 hours focused on the Uniform Standards of Professional Appraisal Practice.

The effort to increase appraisal licensure has robust support from real estate appraisal professionals.

“Today’s action by the Senate brings the Commonwealth closer to providing all consumers with assurance that their real estate appraisal is performed by a qualified, licensed professional,” stated Howard Dono, MRA, President of the Massachusetts Board of Real Estate Appraisers. “The MBREA appreciates the leadership of the bill’s sponsor, Senator Cynthia Creem, and Senate President Spilka for their commitment to consumer protection.”

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

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Senate Acts to Modernize Massachusetts Laws, Repeal Anti-LGBTQ+ Statutes

(BOSTON 1/22/2023) — Last week, the Massachusetts Senate unanimously passed legislation to modernize the Commonwealth’s laws and strike outdated and non-inclusive statutes that are discriminatory against LGBTQ+ individuals in the state.

S.2551 – An Act relative to archaic laws would remove far outdated laws that intrude on an individual’s privacy regarding sexual activity. The bill would remove existing statutes that criminalize sodomy and so-called ‘unnatural’ acts between consenting adults and make Massachusetts laws more inclusive of individuals who are LGBTQ+. Terms struck include terminology such as sodomy, “unnatural or lascivious” sex acts, and “common nightwalkers”. In some cases, the language that this bill would strike from the General Laws dates back into the 1800s.

Additionally, the bill would establish a permanent law revision commission to examine common law, statutes, and judicial decisions to identify anachronisms in the law and recommend needed reforms; receive and consider proposed changes; recommend changes in the law to align with modern conditions; and make recommendations to improve the openness and accessibility of state laws.

“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.”

Many of the laws addressed have not been enforced for many years due to superseding state and national law, court rulings, and Massachusetts’ decades-long transformation into a Commonwealth that welcomes all individuals regardless of sexual orientation or gender identity. The bill’s passage comes nearly a year and a half after the Supreme Court’s decision in Dobbs v. Jackson, in which Associate Justice Clarence Thomas suggested, in a concurring opinion, that the Court could revisit case law banning the criminal prosecution of sodomy.

The bill won praise from LGBTQ+ advocates around the Commonwealth.

“We are relieved and excited to see this legislation pass,” said Tanya V. Neslusan, Executive Director of MassEquality. “The Commonwealth prides itself on being a progressive, inclusive state and in that spirit, having the outdated legislation outlawing sodomy and referring to adult sexual activities as ‘unnatural acts’ stricken from our books makes Massachusetts a safer, more inclusive place for all of our residents and visitors, especially those who are a part of the LGBTQ+ community.”

During the debate, the Senate adopted an amendment from Senator Becca Rausch (D-Needham) striking a law banning blasphemy. This bill’s passage marks the second consecutive session in which the Senate has acted to modernize the Commonwealth’s laws to make them more inclusive.

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

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Senate Passes Legislation to Prohibit Cat Declawing in Massachusetts

(BOSTON 1/19/2023) — Yesterday, the Massachusetts Senate unanimously passed legislation that would prohibit declawing, tendonectomy, and similar procedures from being performed on cats in Massachusetts, except in cases of medical necessity to address a condition that jeopardizes a cat’s health – as determined by a licensed veterinarian.

Declawing a cat involves amputating the first bone on each toe, and tendonectomies involve cutting a tendon in each toe that controls the extension of claws.

Cats who have had their claws removed are more likely to experience paw pain, back pain, infection, tissue death, and could be unable to use their legs properly. They are also more likely to incur nerve damage and bone spurs as a result of claw regrowth, according to the Humane Society of the United States. The procedure is commonly performed for human convenience and to prevent damage to furniture, rather than medical necessity.

“Declawing cats is an inhumane practice that is nearly universally condemned by animal welfare experts and veterinarians,” said Senator Michael Moore (D-Millbury). “I’m thrilled that the Senate has moved to ban this unnecessary and abusive procedure. Our feline friends and their humans will be better off for it.”

S.2552 – An Act prohibiting inhumane feline declawing would only permit licensed veterinarians to declaw a cat if they determine it is medically necessary. Veterinarians who violate the conditions for performing a declawing may be subject to disciplinary action by their licensure board.

Under this legislation, the civil penalty for violating this prohibition is $1,000 for the first offense, $1,500 for a second offense, and $2,500 for a third or subsequent offense. If passed into law, Massachusetts would join New York and Maryland as the third state to have enacted statewide bans on declawing. Additionally, more than a dozen U.S. cities have banned the practice and dozens of countries ban it or consider it illegal.

The bill has been praised by animal rights and animal welfare advocates around the Commonwealth.

“We thank the Senate for advancing this bill and again demonstrating their commitment to animal protection,” said Kara Holmquist, Director of Advocacy for the MSPCA-Angell. “Our animal hospital, Angell Animal Medical Center, has not performed declawing surgery for decades because it is not in the interest of the animal, often involves painful complications, and can create lifelong behavior problems. We are grateful that this unnecessary amputation will be prohibited in the state.”

“This legislation would protect countless Massachusetts cats from a painful and unnecessary surgical procedure,” said Stephanie Harris, Senior Legislative Affairs Manager for the Animal Legal Defense Fund. “New York, Maryland, and many major municipalities already ban declawing — and we hope Massachusetts will be next.”

“This legislation marks a big victory towards protecting cats from unnecessary suffering and upholds Massachusetts’ position as a leader in compassionate animal treatment. Our heartfelt gratitude goes to the bill’s sponsor, Senator Mark Montigny and Senate President Spilka for their unwavering commitment to animal protection,” said Preyel Patel, Massachusetts State Director for The Humane Society of the United States.

“Declawing of cats, except when medically required, is an unnecessary surgery that causes behavioral and physical harm,” said Dr. Erin Doyle, DVM, ARL Senior Vice President of Animal Welfare and Veterinary Services at the Animal Rescue League of Boston. “The surgery is an amputation of part of the toe and can result in infection, lameness, and chronic pain.  Scratching is a normal cat behavior, and there are many easy and safe options to prevent cats from scratching in a destructive way. Banning this cruel practice will prevent animals in Massachusetts from needless pain and suffering.”

“With this vote, Massachusetts is one step closer to becoming one of the most humane states in the union,” said Jennifer Conrad, DVM, of the Paw Project, a nonprofit entirely dedicated to ending the cruel practice of declawing. “Senator Mark Montigny deeply cares about what’s best for everyone in Massachusetts. He knows that this bill is good for cats because they won’t have to get their toes cut off. It’s good for people because they won’t have declawed cats who bite and/or don’t use the litter box. It’s good for veterinarians because they won’t have to declaw anymore and break their oath of doing no harm, and it’s good for the community because taxpayer dollars won’t be needed to pay for declawed cats who end up in shelters where they languish due to their behavior problems that were caused by declawing,”

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

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Senate Passes Legislation to Unlock Up to $17.5 Billion in Investments

(BOSTON 1/16/2023) — Last week, the Massachusetts Senate passed S.2548, An Act to provide for competitiveness and infrastructure investment in Massachusetts, an economic development bill that takes advantage of the interest accrued from the Commonwealth’s Stabilization Fund and leverages that interest to ensure the state receives the maximum possible share of federal funds. The Commonwealth’s Stabilization fund currently has a historic balance of $8.2 billion.

It is estimated Massachusetts currently has the opportunity to receive up to $17.5 billion through historic, once-in-a-generation federal funding opportunities.

“Using the interest accrued by the Commonwealth’s rainy day fund to invest in our communities is a smart use of tax dollars, made even smarter when those funds can unlock massive federal grants for projects across the Bay State,” said Senator Michael Moore (D-Millbury). “Making Massachusetts more competitive is critical to ensuring we continue to attract game-changing companies and innovators to our state. I am thrilled to have voted to approve this measure, and I’d like to thank my colleagues in the Legislature and Governor Maura Healey for their leadership in unlocking more funds for the people of Massachusetts in a fiscally responsible way.”

This smart financial accounting initiative will require the Comptroller to transfer interest from the stabilization fund to the Commonwealth Federal Matching and Debt Reduction Fund on a quarterly basis if the stabilization balance is at a healthy amount. The Secretary of Administration and Finance would then pursue federal funding opportunities available thanks to the historic availability of federal funds for infrastructure, resiliency, and economic development projects.

Over the coming years, this bill is expected to unlock more than $800 million in funds that will be used to fund the state or municipal match requirement for federal competitive grant opportunities, as well as planning work that will help municipalities with the process of preparing applications for federal grants. Once federal grant opportunities expire, money in this fund will go toward reducing the Commonwealth’s long-term liabilities.

Through three pieces of federal legislation: the Infrastructure Investment and Jobs Act (IIJA), the Inflation Reduction Act (IRA), and the Creating Helpful Incentives to Produce Semiconductors Act (CHIPS), over $2 trillion in spending is being made available to states through competitive grant programs and formula allocations. With this bill the Commonwealth will be maximizing its position to capitalize on these substantial federal funding opportunities. 

The Senate’s actions have garnered support from organizations around the state.

“This is a big deal and we are grateful for the Senate’s leadership on this important bill. It will help ensure Massachusetts can take advantage of federal infrastructure grants that can improve our transportation system, address climate challenges, and improve our economy,” said Tom Ryan, Senior Advisor on Policy, Government and Community Affairs for A Better City. “Having state matching funds available to both the Commonwealth and municipalities shows that Massachusetts is ready to partner with the Biden-Harris Administration on infrastructure projects that will benefit the region.”

“ELM applauds the Senate for passing S.2548, which will give the Commonwealth new tools to secure competitive federal funding,” said David Melly, Legislative Director for the Environmental League of Massachusetts. “With the opportunities this legislation will help unlock, cities and towns can make critical investments to both modernize our infrastructure and meet our climate and emissions goals.”  

Key components of the legislation include:

• At its current level, the Stabilization Fund is anticipated to accumulate approximately $250M in interest annually. Currently, that interest is deposited directly back into the Fund.

• This bill proposes redirecting future Stabilization Fund interest when the Fund is at healthy levels, which is defined as when:

  • Amounts in the Fund exceed 10% of budgeted revenues of the previous fiscal year; AND

  • The balance of the Fund has not decreased in the previous year.

  • When a diversion does occur, the interest will be used for two key purposes:

    • (i) Matching funds for federal grants, as long as those funds are available; and

    • (ii) Long-term debt management strategies.

• By creating a dedicated pool of funds, the Commonwealth can leverage this money to unlock some of the $17.5 billion available in once-in-a-generation federal funding for investments in transportation, housing, climate, economic development, and technology.

• Maintaining a primary pool of funds will signal to the federal government the Commonwealth’s willingness and desire to partner on these projects.

The bill was originally filed by Governor Healey on October 19, 2023. It now heads to the Massachusetts House of Representatives for consideration. 

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Senate Passes Legislation Legalizing Fentanyl Test Strips

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

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

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

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

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

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

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

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

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Wheelchair Warranty Reform Passed by Massachusetts Senate

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

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

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

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

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

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

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

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

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

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

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

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Blue Envelope Bill Supporting People with Autism Passes Senate

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

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

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

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

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

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

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

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

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

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

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

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

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Landmark Cybersecurity and AI Bill Approved by Legislative Committee

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

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

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

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

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

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

Mandatory Statewide Public Employee Cybersecurity Training

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

Creates a Cybersecurity Control Board

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

• Authentication

• Data management

• Cybersecurity training and incident response plans

• Auditing and testing requirements

• Threat mitigation and vulnerability patching

• Encryption

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

Codifies the Critical Incident Response Team

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

Establishes Critical Infrastructure Reporting Requirements

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

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

• How the cybersecurity incident was initially detected or discovered

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

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

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

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

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

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

• Any other information as required by the secretary

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

Creates a Commission on Automated Decision-Making

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

Establishes the Massachusetts Innovation Fund and State Agency Technology Upgrades Account

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

Updates the Civil Defense Act

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

Expands Protections of Existing Data Breach Laws

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

• Biometric information

• Genetic information

• Geolocation

• Health data

• Date of birth

• Usernames and passwords

• Email addresses

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

Prohibits the Weaponization of Robots

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

Blocks Cybersecurity Insurers from Instituting Limits on Government Notification

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

Promotes Cybersecurity Regional Alliances and Multistakeholder Partnerships

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

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

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

• Increasing the pipeline of students pursuing cybersecurity careers

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

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

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

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

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

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

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

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

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

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

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

The full letter can be found online here.

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

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

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

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

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

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

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

Dear Attorney General Campbell: 

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

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

A Simple Cancellation Mechanism  

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

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

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

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

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

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

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

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

Dark Patterns in User Interfaces  

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

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

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

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

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

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

Sincerely,  

Senator Michael O. Moore 

Second Worcester District 

Governor Healey Signs Supplemental Budget to Close Fiscal Year 2023

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lowering costs for life-saving medications

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

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

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

Ensuring patients can use their preferred pharmacy

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

Holding drug companies accountable

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

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

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

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

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

Pharmacy Benefit Manager (PBM) Oversight

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

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

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

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

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

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

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

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

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

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

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Governor Healey Signs Comprehensive Tax Relief Legislation

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

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

The compromise bill includes the following tax changes:

Child and Dependent Tax Credit

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

Estate Tax

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

Earned Income Tax Credit (EITC)

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

Single Sales Factor Apportionment

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

Senior Circuit Breaker Tax Credit

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

Rental Deduction Cap

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

Short-Term Capital Gains Tax

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

Housing Development Incentive Program (HDIP)

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

Low Income Housing Tax Credit

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

Local Option Property Tax Exemption for Affordable Housing

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

Title V Cesspool or Septic System Tax Credit

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

Additional Tax Changes

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

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

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

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

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

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

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

Additional Reforms

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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