Massachusetts Senate Acts to Transform Early Education and Care

(BOSTON 3/18/2024) — Last week, the Massachusetts Senate unanimously passed legislation to make early education and care more accessible and affordable for families across Massachusetts.

The EARLY ED Act – An Act ensuring affordability, readiness and learning for our youth and driving economic development – takes transformative steps to improve the affordability and sustainability of childcare programs by making the state’s Commonwealth Cares for Children (C3) operational grant program permanent, expanding eligibility for the state’s subsidy program and capping subsidy recipients’ childcare costs at 7 per cent of family income, and boosting compensation for educators by creating a career ladder and providing scholarships and loan forgiveness.

“The affordability of childcare and early education has divided our youth into ‘haves’ and ‘have nots’ for decades thanks to its increasing unaffordability and limited capacity. I am thrilled that the Massachusetts Senate is acting to support both those who offer childcare and early education, as well as families who struggle to access it,” said Senator Michael Moore (D-Millbury). “We know from countless studies that children who begin their education before kindergarten have a higher chance of finishing high school and earning a degree if they so choose. For me, this bill is a no-brainer – supporting early education is an investment that will continue to pay dividends long into the future.”

By extending access to high-quality education and care to families who currently lack access because of cost or availability, the bill seeks to set children up for future success and drive the Massachusetts economy forward.

The bill would make the state’s C3 grants permanent, which provide monthly payments directly to early education and care providers. These grants, which provide monthly payments to more than 92% of early education and care programs across the Commonwealth, have become a national model thanks to their success at keeping programs’ doors open during the pandemic, reducing tuition costs for families, increasing compensation for early educators, and expanding the number of childcare slots available.

The legislation improves affordability by expanding eligibility for childcare subsidies to families making up to 85% of the state median income (SMI), which is $124,000 for a family of four. It eliminates cost-sharing fees for families receiving subsidies who are below the federal poverty line, and caps cost-sharing fees for all other families receiving subsidies at seven percent of their income, putting millions of dollars back into families’ pockets. Finally, the bill paves the way for expanding the subsidy program to families making up to 125% SMI, or $182,000 for a family of four, when future funds become available.

The legislation provides much-needed support for educators by directing the Department of Early Education and Care (EEC) to establish a career ladder with recommended salaries. This career ladder will help increase salaries in this historically underpaid field. The bill would also make scholarship and loan forgiveness programs for early educators permanent, as well as direct the state to explore more innovative ways to develop this crucial workforce.

Notably, the bill would also create an innovative public-private matching grant pilot program, which would incentivize employers to invest in new early education and care slots, with priority given to projects serving families with lower income and those who are located in childcare deserts. In addition, the bill tasks the Administration with completing a study to further analyze ways to incentivize or require employers to partner with the state to expand access to high-quality and affordable early education and care.

The bill also includes provisions that would:

• Ensure that early education and care programs serving children with subsidies are reimbursed based on enrollment, rather than attendance, to provide financial stability to programs.

• Require the cost-sharing fee scale for families participating in the childcare subsidy program to be updated every five years to ensure affordability for families.

• Establish a pilot program to expand access to shared-service hubs, which would support smaller early education and care programs.

• Increase the maximum number of children that can be served by fully-staffed large family childcare programs, aligning with states such as New York, California, Illinois, and Maryland.

• Bar zoning ordinances from prohibiting family childcare programs in certain areas, preventing an unnecessary hurdle to the expansion of childcare slots.

The legislation was praised by advocates from around the state.

“On this incredible day, I am reflecting on decades of advocacy, multi-year campaigns spanning several legislative sessions, policy development and progress based on brain development and economic research, a global pandemic, the incredible response from thousands of early educators across Massachusetts, and how we have worked together to stabilize, heal and transform as a community,” said Amy O’Leary, Executive Director of Strategies for Children. “Hearing the real life, day-to-day challenges has helped inform our advocacy and must continue to drive policy decisions and match up resources with needs.  We are grateful to Senate President Karen Spilka, Education Committee Co-Chair Senator Jason Lewis, Senator Susan Moran, Senator Sal DiDomenico, Senator Robyn Kennedy and all the members of the Massachusetts Senate for your action today on the EARLY ED Act. We know that fulfilling our vision will require a sustained effort and careful, thoughtful consideration. We look forward to working with the Legislature and the Healey-Driscoll Administration to pass comprehensive legislation this session and set a clear path for children and families in the Commonwealth.”

“The comprehensive EARLY ED Act bill recognizes the importance of considering all aspects of high-quality early education and care when crafting legislation. As a nonprofit early education provider in Boston, we commend the Senate for bringing this bill to the floor and for the legislature’s critical support,” said Lauren Broadhurst Cook, CEO of Ellis Early Learning.

“The EARLY ED Act establishes a comprehensive framework needed to build affordable care options for families; significantly better pay and benefits for early educators; a stable source of funding for providers; and high-quality programs and services for children. MAAEYC is thrilled to be able to celebrate the Massachusetts Senate's clear commitment to early childhood education today, and every day. We look forward to continuing to advocate on behalf of all young children across the Commonwealth alongside our colleagues and friends,” said Patty Sinclair, President of the Massachusetts Association for the Education of Young Children.

“We extend our deep gratitude to our Legislature and the Department of Early Education and Care for recognizing the needs of our children and families; their commitment has helped us increase annual staff wages by more than $10,000 per person over the past 7 years,” said Justin Pasquariello, Executive Director of East Boston Social Centers. “We thank them also for recognizing much more needs to be done; we started from a very low base and many of our teaching staff remain eligible for public benefits and struggle to meet their family's basic needs. We thank them for taking this natural next step, building on the legislature's commitment to our field, and working toward the day when we can pay wages to enable all early educators and school age professionals, who take such good care of our children, to build careers in this field and support their families.”

“Parents and caregivers across Massachusetts desperately need a permanent commitment to affordable and accessible high-quality early education and childcare, and that's exactly what the Senate’s bill aims to deliver. This comprehensive legislation offers an important step towards fulfilling our vision of affordable childcare options for families; significantly better pay and benefits for early educators; a permanent, stable source of funding for providers; high-quality programs and services for children; and substantial relief for businesses and our entire economy. Massachusetts has made a major down payment on this vision over the past few years, and the Senate’s bill is the next step on the path to fulfilling it,” said Deborah Fastino, Executive Director of the Coalition for Social Justice and Director of the Common Start Coalition.

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

###

The Truth About the Senate's SAFER Act

The right to keep and bear arms – whether for sport, for self-defense, or for hunting – is enshrined into our nation’s founding documents, forming a cornerstone of this grand American experiment. With devices that can take a life in an instant, we as a Commonwealth have an immense responsibility to ensure our communities remain safe and that firearms stay out of the hands of criminals. Here in Massachusetts, we have an incredible track record of doing just that – the Bay State consistently has one of the lowest gun death rates in the nation. But with changing times and ever-evolving technologies, we must occasionally update our laws to protect our communities while preserving the ability of law-abiding gun owners to exercise their second amendment rights.

On February 1st, the Massachusetts Senate passed An Act to sensibly address firearm violence through effective reform – the SAFER Act – with bipartisan support. While there has been a lot said about this legislation, I want to be clear: this bill is a win for both gun owners and firearm safety advocates across the Commonwealth. My colleagues and I in the Senate made a concerted effort to reframe the misguided House firearm bill, and focus efforts toward cracking down on black market “ghost guns,” protecting law enforcement, and updating legal definitions to reflect the evolving world of dangerous modification technologies – without creating additional burdens for law-abiding Bay Staters exercising their right to bear arms. These are the kinds of policies that will make a material difference in our ongoing quest to eliminate gun deaths in the Commonwealth.

Key parts of the bill include provisions cracking down on unserialized “ghost guns,” banning firearm modification devices that can make standard guns more dangerous, improving data reporting to allow law enforcement agencies to better understand where crime-involved firearms are originating from, strengthening our red flag laws, and proactively preventing gun violence at the community-level. These are important, reasonable policy changes that I believe will make our streets and neighborhoods safer without punitively punishing legal gun owners like the House bill would have.

To that end, during the Senate debate process, I collaborated with other Senators to ensure our bill included a provision that protects gun owners who possess affected weapons purchased before the former Attorney General’s enforcement order was announced in 2016. I also won support for an amendment that creates a commission to study how a potential new live-fire licensing requirement would function in the real world, spotlighting the need for adequate resources, range time, and financial reimbursements. I’m pleased to share that this bill also includes an amendment that requires individuals who have been charged with a crime be detained until trial if they are released and commit another gun related or violent offense. Amendments like these will further protect gun owners who have done everything right.

I want to recognize that the process of becoming a gun owner in Massachusetts already comes with a number of hoops to jump through – it is not my intention to create more burdens and requirements that stretch gun ownership further out of reach. But we must also recognize that the reasonable, common-sense firearm regulations in the Commonwealth save lives each and every day; the Senate’s work is simply a continuation of that effort. While I will always work to protect the second amendment from ill-advised legislation like the House’s gun control bill, giving our law enforcement more tools to prevent gun crimes and making it harder for criminals to get and modify firearms is a worthy cause that everyone – whether you own a gun or not – should support. I am proud that the bill passed by the Senate has won the support of the Massachusetts Chiefs of Police Association in addition to a number of District Attorneys from across this great state.

While this bill has a long way to go until it is signed into law, my commitment to the residents of Central Massachusetts has not changed. Reasonable steps to protect our communities are possible without infringing on second amendment rights, and I will continue to work on the Second Worcester District’s behalf to ensure these two needs remain in balance. Because although second amendment advocates and gun safety advocates disagree on how we get there, we all share one common goal – safe, secure communities for all.

Senate Acts to Update and Modernize Sexual Healthy Education

(BOSTON 3/1/2024) — The Massachusetts Senate on Thursday passed the Healthy Youth Act, which would ensure that Massachusetts public schools electing to teach sexual health education curriculum use age-appropriate, inclusive, medically accurate, and research-based information on sex, relationships, and consent.

The Healthy Youth Act, S.2686, would enhance parental rights and codify into law the voluntary framework approved by the Department of Elementary and Secondary Education (DESE). It calls for sex and relationship education to be inclusive and appropriate for students regardless of gender, race, disability status, sexual orientation, and gender identity.

“Massachusetts has long been due for an update to our sex and relationship education curriculum to ensure students have access to accurate, age-appropriate, and inclusive information,” said Senator Michael Moore (D-Millbury). “The Healthy Youth Act passed by the Senate this week will bring sex ed in public schools into the 21st century while ensuring parents have transparency into what is being taught to their children at what age. Education is critical to helping our youth make healthy choices – I’m proud to advance legislation that supports our youth as they grow to form respectful, safe, and informed relationships with their peers.”

Requiring medically accurate curriculum for public schools teaching sex ed

The Healthy Youth Act would ensure that students in public schools that offer sexual health education are receiving, and teachers have guidance on, curricula that is age-appropriate, medically accurate, comprehensive, and inclusive of LGBTQ+ health and lessons on consent.

The Healthy Youth Act would incorporate comprehensive sex and relationship education that could support students in delaying the initiation of sex and increasing use of contraception. Other focuses include lowering the rates of STIs and unintended pregnancy among teens, and reducing reported levels of bullying towards LGBTQ+ youth in school.

Curricula for schools that choose to teach sex and relationship education would include the benefits of delaying sex; human anatomy, reproduction, and sexual development; effective contraceptive use; prevention of pregnancy and sexually transmitted infections (STIs); relationship and communication skills to form healthy relationships; coverage of affirmative, conscious and voluntary consent; and age-appropriate information about gender identity and sexual orientation, including resources that offer support to LGBTQ+ students. 

Protecting and enhancing parental notification and rights

This legislation also protects and enhances parents’ right to remove their children from all or part of the sex and relationship education program if they choose to do so––an action already protected by state law. 

Additionally, this bill updates parent-notification guidelines for districts that choose to teach sex and relationship education curriculum and requires schools to send notice to parents in English and in other languages commonly spoken in the district. Notices would alert parents that their child is enrolled in a sex and relationship education course and would inform them of their right to review the curriculum or opt their child out of some or all of the lessons.  

Building on the DESE education framework

The Healthy Youth Act would codify into law the health education framework approved by DESE last year, which is currently only a voluntary guideline for school districts in the Commonwealth.

If passed, the legislation would strengthen the impact of the new health education framework and create standards for sex and relationship curricula in public schools.

The Healthy Youth Act would require the DESE to collect data on sex and relationship education taught in public schools and update the framework at least every ten years to ensure the sex and relationship education guidelines remain comprehensive and are meeting the needs of students.

The bill has the support of a broad coalition of education and LGBTQ+ advocates around the state.

“Today's vote affirms what we already know – a strong majority of people in Massachusetts, including most parents, want young people to receive sex and relationship education at school,” said Jamie Klufts, co-chair of the Healthy Youth Coalition. “We are deeply grateful to the entire Senate, including Senate President Spilka, Senate Ways and Means Chair Rodrigues, and Assistant Majority Leader DiDomenico, for believing in the Healthy Youth Act once again. We look forward to working with the House to pass the Healthy Youth Act this session so that the state's exciting new Health and Physical Education Framework can reach its full potential and do the most to support our students and teachers.”

“Ensuring that Massachusetts schools are places where all students feel safe and supported––no exceptions––has never been so urgent,” said Jaclyn Friedman, Executive Director of EducateUS and Chair of the Healthy Youth Coalition. “The type of sex and relationship education provided for by the Healthy Youth Act is proven to protect young people against bullying, abuse, and feelings of isolation. We applaud the Senate’s steadfast and timely commitment to young people across Massachusetts.”

“We are excited to learn that, once again, the Healthy Youth Act has passed the Senate,” said Shaplaie Brooks, Executive Director of the Massachusetts Commission on LGBTQ+ Youth. “This tells us that the number one priority for the Senate is comprehensive, intersectional, and medically-accurate health education for students in the Commonwealth. With this win, we believe that the Senate has weighed the pros and cons of this life-saving legislation, and ultimately centered the importance of cultivating a safe environment for students to engage a modern curriculum that reflects the issues they face every day and answers their questions about healthy relationships––rooted in consent. The Commission believes that the House understands the same, and urges it to take up this bill immediately. We are at a pivotal moment in our Commonwealth's history where we have a chance for all youth including LGBTQ youth to receive critical information that can equip them with the tools to keep themselves safe, be a safe person in their relationships, understand the risks and red flags specific to their communities, and have the autonomy to make informed decisions based on the power of knowledge and not fear.”

This is the fifth consecutive session during which the Senate has adopted similar legislation.

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

###

Governor Healey Names Senator Michael Moore, 24 others to Artificial Intelligence Strategic Task Force

(BOSTON 2/15/2024) — Yesterday, Governor Maura Healey signed an Executive Order establishing the Artificial Intelligence Strategic Task Force to study AI and Generative Artificial Intelligence (GenAI) technology and its impact on the Commonwealth, private businesses, higher education institutions, and residents. The Task Force, made up of 25 members including Second Worcester District Senator Michael Moore, will conduct outreach and collect input from stakeholders and experts, advise the Governor and executive branch on the state’s role in AI implementation, and find ways to encourage leading industries to adopt this technology to ensure continued success.  

The mission of the Task Force is to create specific recommendations for how the state can best support the state’s businesses in leading sectors around AI adoption. It will also produce recommendations focused on startups’ ability to scale and succeed in Massachusetts. 

“Artificial intelligence is an incredibly exciting and rapidly evolving technology that has the potential to revolutionize the way we work, communicate, and create,” said Joint Committee on Advanced Information Technology, the Internet, and Cybersecurity co-chair Senator Michael Moore (D-Millbury). “As home to some of the world’s most cutting-edge technology companies and dozens of industry-leading universities, the Commonwealth is exceedingly well positioned to lead the international rollout of AI. I applaud Governor Healey for her foresight in establishing this task force, which will create a roadmap for a responsible introduction of AI to industries from healthcare to business through a public-private partnership that will benefit all Bay Staters. I am looking forward to getting to work on this critical topic.”

"Massachusetts has the opportunity to be a global leader in Applied AI – but it’s going to take us bringing together the brightest minds in tech, business, education, health care and government. That’s exactly what this task force will do,” said Governor Maura Healey. “Members of the task force will collaborate on strategies that keep us ahead of the curve by leveraging AI and GenAI technology, which will bring significant benefit our economy and communities across the state.”  

“Our administration acknowledges AI as a transformative technology set to influence various aspects of our nation’s economy,” said Lieutenant Governor Kim Driscoll. “This Task Force will position Massachusetts as a hub for talent and business excellence, as we examine economic shifts driven by AI with the goal of establishing our state as a global leader in its effective and responsible utilization.”  

AI is a machine-based system that can, for a given set of human objectives, make predictions, recommendations, or decisions. GenAI as used in this Order, is a type of artificial intelligence technology that can generate many forms of content including but not limited to texts, images, and multimedia. 

The Task Force will have subject-specific working groups that will create recommendations to leverage AI in leading sectors, such as education, healthcare, life sciences, robotics, and financial services. The launch of the Task Force delivers on a commitment from the Administration’s Economic Development Plan, Team MA: Leading Future Generations.   

The AI Strategic Task Force consists of 25 individuals representing members of the business community, higher education institutions, and state and local government. The Secretaries of Executive Office of Economic Development (EOED) and the Executive Office of Technology Services and Security (EOTSS) will serve as state co-chairs. Mike Milligan of the UMass system and Santiago Garces of Boston will serve as cochairs from the academic community and local government.  

Governor Healey will seek $100 million in her upcoming economic development legislation to create an Applied AI Hub in Massachusetts. The funding will be used for a capital grant program to support the adoption and application of AI capabilities to solve public policy problems and to advance the state’s lead in technology sectors, including life sciences, healthcare, financial services, advanced manufacturing, robotics, and education. Subject to the legislative process, this capital fund will position the state to act on the strategic goals and priorities of the AI Strategic Task Force established by this Executive Order and will focus on capital expenses related to the incubation of AI firms, adoption of AI technologies and the development of AI software and hardware technology development and commercialization. The Governor’s recently filed FutureTech Act includes a $25 million authorization for IT capital AI projects within the Executive Branch. 

In addition, the Executive Office of Administration and Finance (A&F) and EOTSS have announced a partnership with Northeastern University on InnovateMA, a collaboration between higher ed and the Healey-Driscoll administration to leverage AI across state government. Northeastern co-ops have started assisting the state with implementing an AI solution in the following use cases: 

• Policy Hub: Create a tool for MassHealth call center staff to more efficiently navigate policy documents needed for beneficiary customer support. 

• Resource Gateway: Create a tool for MassDOT’s Highway Division engineers to more efficiently navigate the large quantity of Standard Operating Procedure’s governing highway projects. 

• User Navigation: Create a tool for the riders and potential riders of the MBTA RIDE paratransit service to better understand how to access services. 

• Grant opportunities: Predict grant program eligibility for potential applicants within the suite of grants offered by agencies and programs under the Executive Office of Energy and Environmental Affairs (e.g. farmers impacted by floods).  

Members of AI Strategic Task Force 

• Secretary Yvonne Hao, EOED (Co-Chair) 

• Secretary Jason Snyder, EOTSS (Co-Chair) 

• Mike Milligan, Vice President and Chief Information Officer, University of Massachusetts (Co-Chair) 

• Santiago Garces, Chief Information Officer, City of Boston (Co-Chair) 

• Senator Michael Moore, Massachusetts Senate 

• Erica Bradshaw, Chief Technology Officer, Harvard 

• Representative Tricia Farley-Bouvier, Massachusetts House of Representatives 

• Usama Fayyad, Professor and Executive Director, Institute for Experiential AI, Northeastern 

• Patricia Geli, Co-founder, C10 Labs/MIT 

• Segun Idowu, Chief of Economic Opportunity and Inclusion, City of Boston 

• Dr. Robert Johnson, President, Western New England University 

• Meghan Joyce, CEO and Founder, Duckbill 

• Patrick Larkin, Deputy Director, Massachusetts Technology Collaborative 

• Jeffrey Leiden, Executive Chairman, Vertex Pharmaceuticals 

• Spyros Matsoukas, Vice President and Distinguished Scientist of AI, Amazon 

• Vipin Mayar, Executive Vice President, Head of AI Innovation, Fidelity 

• Sears Merritt, Head of Enterprise Technology and Experience, MassMutual 

• Armen Mkrtchyan, Origination Partner, Flagship Pioneering 

• Jane Moran, Chief Information and Digital Officer, Mass General Brigham 

• Ed Park, Co-Founder and CEO, Devoted Health 

• Rudina Seseri, Founder and Managing Partner, Glasswing 

• Soundar Srinivasan, Director, AI Program, Microsoft New England 

• Fernanda Viegas, Principal Scientist and Co-Lead of People + AI Research (PAIR), Google 

• Grace Wang, President, Worcester Polytechnic Institute  

• Jeremy Wertheimer, Visiting Scientist, Broad Institute of MIT and Harvard   

The Task Force will begin its work in February and present final recommendations to the Governor later this year. InnovateMA began its work in mid-January and the pilot will conclude in July.  

###

Municipal Cybersecurity Awareness Training Grant Recipients Announced

(BOSTON 2/7/2024) — In late January, the Healey-Driscoll Administration announced the recipients of the 2024 Municipal Cybersecurity Awareness Grant Program. Administered by the Executive Office of Technology Services and Security and its Office of Municipal and School Technology, this program will provide 78,000 employees from 227 municipalities and public school districts across Massachusetts, including those in Auburn, Millbury, Westborough, and Worcester, with critical cybersecurity training to better detect and avoid cyber threats.

The 2024 Municipal Cybersecurity Awareness Grant Program is designed to support local government efforts to improve overall cyber readiness through comprehensive online end-user training, evaluation, and threat simulation. Awarded communities will receive licenses for end-user training, assessment and phishing simulation procured by the Executive Office of Technology Services and Security (EOTSS).

“The importance of keeping our municipal networks secure cannot be overstated,” said Senator Michael Moore (D-Millbury). “Secure networks are critical to protecting the personal information of residents, keeping our utilities running, making sure paychecks are delivered on time, and so much more. Municipal employees in town halls and public schools across Massachusetts are on the front lines of the fight against cyber criminals, and grants such as these will go a long way toward helping workers recognize malicious digital actors. I’d like to thank the Healey-Driscoll Administration for awarding these important grants.”

“Our administration is committed to partnering with our municipalities to move forward on our shared IT and cybersecurity goals” said Governor Maura Healey. “We are thrilled to see so many cities and towns prioritize cyber readiness through the Municipal Cybersecurity Awareness Training Grant Program.”

Program participants begin their training with an initial cyber strength assessment to measure baseline cybersecurity awareness. Following the assessments, periodic assessments consisting of training modules and simulated phishing email campaigns help participants build good cyber hygiene habits to increase their awareness of deceptive techniques used by bad actors to gain unauthorized access to government systems. At the end of the program, participants complete a final cyber strength assessment to measure their progress.

Recipients in the Second Worcester District include the Town of Auburn, Auburn Public Schools, the Town of Millbury, Millbury Public Schools, the Town of Westborough, the City of Worcester, and Worcester Public Schools.

The Commonwealth offers the training program free to municipal organizations, who are further supported with quarterly threat briefings and weekly newsletters with cybersecurity best practices and program updates provided by the EOTSS Office of Municipal and School Technology. Municipal information technology officials also receive monthly summary progress reports that detail the number of employees who inadvertently clicked on malicious links contained in the simulated phishing emails, offering important visibility on the threat landscape.

In addition to the Municipal Cybersecurity Awareness Grant Program, The Healey-Driscoll Administration offers a number of other programs to further support municipal officials in their cybersecurity and information technology modernization efforts, including a Free Cybersecurity Health Check Program, the Community Compact IT Grant Program, and the Community Compact Municipal Fiber Grant Program.

For more on the Municipal Cybersecurity Awareness Grant Program, visit: https://www.mass.gov/municipal-cybersecurity-awareness-grant-program.

For more information on the full list of municipal cybersecurity and IT program offerings from the Executive Office of Technology Services and Security’s Office of Municipal and School Technology, visit: https://www.mass.gov/info-details/all-office-of-municipal-and-school-technology-omst-programs.

###

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.

###

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.

###

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.

###

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.

###

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.

###

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.

###

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.

###

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. 

###

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.

###

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.

###

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.

###

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.

###

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.

###

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