Massachusetts Legislature Passes Largest Housing Investment in State History

August 7, 2024 Senator Michael Moore

(BOSTON 8/7/2024) – The Massachusetts Legislature last week passed the Affordable Homes Act, the largest housing investment in Massachusetts history and a powerful first step in tackling the state’s housing affordability crisis.

The legislation authorizes $5.16 billion in bond authorizations and tax credits to spur housing production in Massachusetts, while implementing sweeping policy initiatives to facilitate the development of affordable housing and preserve public housing in Massachusetts.

“Everyone should be able to find a home that is safe, secure, and – most importantly – affordable. Unfortunately, housing has become unattainable for so many in the communities they’ve long called home,” said Senator Michael Moore (D-Millbury). “The passage of the Affordable Homes Act represents a step toward addressing the crushing housing crisis we face here in the Commonwealth. While we still have a lot more to do to produce more homes and get the prices of those homes under control, this bill signals that the Legislature is willing to take on the challenge. I look forward to continuing our work on Beacon Hill to find more solutions that will protect and expand opportunities to rent and own a home in communities across the Commonwealth.”

An amendment protecting the right of homebuyers put forward by Senator Michael Moore and adopted by the Senate was approved by the full Legislature. The provision directs the Executive Office of Housing and Livable Communities to implement a regulation that secures a buyer’s right to have an inspection done on a property before finalizing the purchase of a home. While this provision does not require a buyer to have a home inspection done, it bans the conditioning of a sale on waiving or limiting the buyer’s right to inspect the home.

“This is a great day for Massachusetts consumers, home buyers, buyers agents, and today’s home sellers who will be tomorrow’s home buyers. Allowing home buyers the right to have an independent inspection done of the home they’re about to purchase – something that was the industry standard for the past half-century – is now the law,” said Michael Atwell, former president of the American Society of Home Inspectors. “A huge thank you to the Massachusetts Legislature who appreciated the need for and urgency of this legislation.”

“I’d like to thank Governor Healey for her support of this amendment protecting homebuyers in the Commonwealth despite the efforts of interest groups like the Massachusetts Association of Realtors and the Greater Boston Real Estate Board, who opposed the change. Buying a home is one of the biggest purchases many families will ever make. Shouldn’t you have the right to know exactly what you’re purchasing before you sign a binding contract?” said Senator Moore. “Buyers must not feel obligated to waive inspections, risking their most important investment, in order to find their forever home. In a Commonwealth where we have long taken a strong approach to consumer protections, this is an obvious step to protect families from financial ruin due to costly undisclosed repairs. I am hopeful that these protections will be embraced by Realtors across the Commonwealth as a win for their clients and the overall health of the Massachusetts housing market.”

Other amendments secured by Senator Moore provide earmarks for sewer, septic, water, storm water management, roads, sidewalks, traffic controls, and public safety infrastructure upgrades that support housing development, preservation, or rehabilitation. $7 million was allocated for towns and cities in the Second Worcester District, including:

Auburn – $1 million
Grafton – $1 million
Millbury – $1 million
Shrewsbury – $1 million
Westborough – $1 million
Worcester – $2 million

To help municipalities convert commercial properties into multi-unit residential or mixed-use properties, the bill makes project sponsors eligible for a tax credit of up to 10 percent of the development costs upon completion of a project.

The bill includes a new tax credit to incentivize production of homeownership units targeting households with incomes of up to 120 per cent of the area median income (AMI). It also makes permanent the Community Investment Tax Credit (CITC) while expanding the statewide cap on donations from $12 million to $15 million. Further, it extends the sunset of the Historic Rehabilitation Tax Credit through December 31, 2030, while increasing the total available amount from $55 million to $110 million.

Among the many policy initiatives included in the bill to create more housing is a provision to permit one accessory dwelling unit (ADU) equal to or less than 900 square feet to be built by-right on a property in single-family zoning districts in all Massachusetts communities. The bill further provides consumer protections to help prevent homeowners from being pressured into waiving a home inspection, protects tenants who have a years-old eviction record from having that record held against them when securing new housing, gives seasonal communities new tools to tackle their unique housing challenges, and protects renters from having their unit redeveloped into a condominium.

Bond authorizations include:

Public housing

$2 billion to support the repair, rehabilitation, and modernization of over 43,000 public housing units across Massachusetts, with 25 per cent of the funds dedicated to preserve housing for those with incomes below 30 percent AMI.
$150 million to decarbonize the public housing stock and $15 million for accessibility upgrades.
$200 million to support Local Housing Authorities (LHAs) who partner with developers to add mixed-income developments on LHA land, leveraging funds to maintain and preserve public housing while increasing the overall housing supply.

Housing vulnerable populations

$200 million to support innovative and alternative forms of rental housing, including single person occupancy (SPO) units, transitional and permanent housing for people experiencing homelessness, housing for seniors and veterans, and transitional units for persons recovering from substance use disorder. 25 per cent of funds must be used to fund projects which preserve housing for those with incomes below 30 per cent AMI.
$70 million to support the development of appropriate community-based housing for Department of Mental Health (DMH) and Department of Developmental Services (DDS) clients
$60 million to modify homes of individuals or families with disabilities or seniors so that they may maintain residency or return home from institutional settings.
$55 million to support appropriate housing for people with disabilities who are not DMH or DDS clients.

Housing development

$800 million for the Affordable Housing Trust Fund which provides resources to create or preserve affordable housing for households earning less than 100 per cent of AMI.
$200 million to accelerate the development of mixed-income multifamily housing.
$100 million for the Middle Income Housing Fund which funds housing development for households earning less than 120 per cent of AMI.
$100 million for the Commonwealth Builder program for the construction of affordable single-family homes for households earning between 70 and 120 per cent of AMI, primarily in Gateway Cities.

HousingWorks

$425 million to support preservation, new construction, and rehabilitation projects through the Housing Stabilization Fund and the Community Investment and Preservation Fund.
$275 million to consolidate the existing Transit Oriented Housing Program and the Climate Resilient Housing Program and create a new, innovative program to accelerate and unlock new housing. 25 per cent of the funds must be used to fund projects which preserve housing for those with incomes below 60 per cent of AMI.
$175 million for municipal infrastructure projects to encourage denser housing development.
$50 million to provide payments to municipalities that receive a Housing Choice designation through high housing production and/or demonstration of best practices, including a grant program to assist MBTA Communities in complying with the multi-family zoning requirement in the MBTA Communities Law.
$50 million for grants to municipalities for planning and zoning initiatives that support housing production, workforce training and economic opportunities, childcare and early education initiatives and climate resiliency initiatives.
$20 million to provide incentive payments to municipalities who adopt smart growth housing districts.

Having passed both chambers, the bill now goes to the Governor for her consideration.

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Legislature Acts to Protect Massachusetts Firefighters from Toxic PFAS Chemicals

August 5, 2024 Senator Michael Moore

(BOSTON 8/5/2024) – Today, the Massachusetts Legislature gave final passage to a critical bill that will protect firefighters in the Commonwealth from toxic PFAS chemicals. S.2902 – based on S.1556 and S.1502 – implements new regulations on manufacturers of firefighting personal protective equipment, requiring a written notice to the purchaser that the equipment contains PFAS, the reason PFAS were used, and what specific PFAS chemicals are contained within the equipment. Further, the bill prohibits the manufacturing, distribution, or sale of firefighting turnout equipment that contains PFAS chemicals beginning on January 1st, 2027.

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 turnout 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. Compounding these dangers is the persistent nature of PFAS chemicals, known as “forever chemicals” for their resistance to breaking down in the environment.

“Ask anyone how the majority of firefighter line-of-duty deaths occur — most will probably guess 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. I am so proud that the Legislature is finally taking action to protect our heroic firefighters from the chemicals in their turnout gear that are slowly poisoning them, and I could not be more thrilled to have done it alongside my partners in the Legislature as well as the tireless advocates from across the Commonwealth who have persisted in this effort despite many setbacks. I look forward to Governor Maura Healey signing these protections into law.”

This legislation, originally filed by former Massachusetts Senator Diana DiZoglio and co-sponsored by Senator Michael Moore, has since been championed in the Senate by Senator Moore with support from Senators Julian Cyr, Bruce Tarr, Walter Timilty, Michael Rodrigues and others. In the House, the bill was championed by Representatives Jim Hawkins and Carol Doherty.

“Our firefighters are among the most hardworking, selfless people in Massachusetts, operating under the most dangerous of conditions while risking their own lives to save others. For their dedication to our communities, we must do all we can to provide them with the supports they need to do this invaluable work,” said State Auditor Diana DiZoglio. “That is why I am so grateful for the passage of this legislation, which will go a long way toward protecting those who protect us.”

“Every day firefighters face danger to protect us, and they depend on turnout gear to protect them,” said Senate Minority Leader Bruce Tarr (R-Gloucester). “Yet far too often that gear has itself posed a threat to firefighter health because of the presence and carcinogenic impact of PFAS contained in the gear. Today the Senate took the decisive action that this situation demands, to confront the ongoing threat of these dangerous chemicals.”

“Firefighters in Massachusetts put their lives on the line every day on behalf of our communities, and yet it is the exposure to the forever chemicals known as PFAS in their turnout gear that pose one of the greatest risks to their health,” said Senator Julian Cyr (D-Truro). “This legislation marks a critical first step forward in the Senate’s efforts to mitigate the contamination of and eliminate exposure to these harmful forever chemicals.”

While PFAS chemicals have long been used in firefighter turnout gear, the long-term health effects on the men and women who wear the equipment every day have only recently come into the spotlight. The campaign to draw attention to the downsides of PFAS largely began in 2014 when Worcester native Diane Cotter, in the wake of her husband’s prostate cancer diagnosis, discovered extremely high levels of PFAS in and around his firefighting turnout equipment. Lieutenant Paul Cotter, a retired Worcester Fire Department firefighter, had worn the tainted equipment for 28 years. Since making this discovery, Diane has rallied support from the Professional Fire Fighters of Massachusetts (PFFM) and the families of firefighters across the Commonwealth for the restriction of PFAS in firefighter equipment, as well as played a key role in the filing of litigation against the manufacturers of firefighter turnout gear by dozens of Massachusetts firefighters. The issue has recently received national attention, including from actor and producer Mark Ruffalo, who directed a short documentary that tells the story of Diane and Paul Cotter as they grapple with the effects of long-term exposure to PFAS chemicals in firefighting gear.

“We are incredibly proud and grateful for this righteous passing of Senator Moore’s bill to protect firefighters,” said Diane and Lieutenant Paul Cotter. “Since 2018 we’ve witnessed Senator Moore stand toe to toe against industry in three sessions of this bill. Every session was arduous but our firefighters from PFFM and the many lawmakers on both sides of the aisle held the line today for the fire community.”

"Thank you to Senator Michael Moore, Senator Julian Cyr, Ways and Means Chair Michael Rodrigues and the entire state senate who voted unanimously to remove toxic chemicals from our turnout gear, hold manufacturers accountable, and ultimately protect the health of the firefighters that serve this state," said Rich MacKinnon, Jr., President of the Professional Fire Fighters of MA. "We have worked for more than six years to pass a bill that bans PFAS chemicals, and today we are one step closer. The PFFM calls on the House to also pass this vital legislation so that it can go to the Governor's desk and hopefully be signed into law before we lose another firefighter."

Having been approved by both the Senate and the House, the bill will now be sent to the Governor’s desk for her signature.

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Massachusetts Legislature Passes Parentage Act

August 5, 2024 Senator Michael Moore

(BOSTON 8/5/2024) – Last week, the Massachusetts Legislature passed An Act to ensure legal parentage equality, extending the full rights of parentage to LGBTQ+ families and families created via assisted reproduction.

The bill dismantles archaic legal barriers to basic parenting responsibilities for modern families, opening the door to legally attend and make decisions during medical appointments, manage a child’s finances, participate in educational decisions, and provide authorizations for a child’s travel.

“The Massachusetts Legislature is acting to ensure that if you are a parent, the law treats you as such – regardless of whether you gave birth, adopted, had a surrogate, used IVF, or if you are part of a same-sex couple,” said Senator Michael Moore (D-Millbury). “The Commonwealth has long been a place that all are welcome, and I’m thrilled that this legislation continues our mission to codify those values into law. I’d like to thank my colleagues in the House and the Senate for getting this bill across the finish line and onto Governor Healey’s desk.”

Despite leading the nation by legalizing same-sex marriage 20 years ago, LGBTQ+ residents continue to face significant barriers in obtaining full legal recognition as a parent.

In response, the legislature’s bill updates the Commonwealth’s laws so common paths to parentage may be utilized equally by all families, regardless of marital status. It also creates a new path to parentage for individuals who are ‘de facto’ parents and ensures that every child and parent has the same rights and protections without regard to the marital status, gender identity, or sexual orientation of their parents, or the circumstances of their birth.

The legislation makes critical updates to laws related to assisted reproduction, including surrogacy and in-vitro fertilization (IVF). It outlines rights, requirements, procedures, and safeguards for parents, donors, surrogates, and others involved in the process. Further, it establishes clear paths to parentage for individuals or couples utilizing assisted reproduction and surrogacy in order to provide legal recognition and status prior to the child’s birth.

For many families, non-biological parents are their child’s parent in every way except being legally recognized as such. The bill passed today legally recognizes the importance of relationships between children and parents in modern families and affords individuals who have been acting in a meaningful parental role for a significant amount of time the opportunity to seek full legal rights befitting their relationship.

It also provides notice, and an opportunity to be heard, to existing parents, and adds safeguards against abuse and protections for domestic violence survivors and military parents.

A compromise having passed the Legislature, the bill now goes to the Governor’s desk for her signature.

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Senate Acts to Mitigate Massachusetts Opioid Crisis

August 1, 2024 Senator Michael Moore

(BOSTON 8/1/2024) – This week, the Massachusetts Senate passed legislation expanding support for residents coping with substance use disorder to stem the toll of an opioid crisis that takes thousands of lives each year.

S.2898, An Act relative to accessing harm reduction initiatives, enables cities and towns to establish a wide range of measures proven to reduce the harms of drug use, including needle exchange programs, drug screenings, and overdose prevention facilities. It makes strides in studying sober home oversight and resources to support those in recovery, and widely expands access to overdose reversal drugs like naloxone.

“The opioid crisis has left nowhere in America untouched, and communities in Massachusetts have been no exception. This bill will help us save the lives of individuals who suffer from a substance use disorder and help us get them on a path to recovery,” said Senator Michael Moore (D-Millbury). “Harm reduction is certainly not a perfect solution, but the provisions included in this legislation will give us more opportunities to address the root causes of addiction and reduce the devastating toll overdoses have on families across the Bay State. This bill also give cities and towns the flexibility to implement the solutions that will work for their own unique situations – something I’ve supported throughout this process. I am hopeful that we can continue our work in the Legislature to make overdose deaths a thing of the past.”

The bill allows cities and towns to opt in to a number of new harm reduction programs. Those programs include:

Needle exchange programs
Primary care services, including disease prevention and health screenings
Access to, or referrals for, evidence-based treatment options
Drug testing services
Overdose reversal care
Supervision of individuals who consume pre-obtained substances

Programs that provide overdose reversal care and supervision of individuals who consume pre-obtained substances would require approval by the local board of health, select board or city council, and the state Department of Public Health (DPH). Participants and administrators of harm reduction programs would be granted limited liability protections.

To further support individuals in recovery, the Senate’s bill mandates DPH to conduct a study on sober homes in the Commonwealth, focusing on the safety and recovery of sober home residents. The study would examine and make recommendations for improving training for operators and staff, creating safe recovery environments, overseeing sober homes, and creating licensure programs for counselors and recovery coaches.

The bill creates licensure programs for alcohol and drug counselors and recovery coaches, which would be administered by DPH. Additionally, it requires the Bureau of Substance Addiction Services to study and report on barriers to certification, credentialing, and other employment and practice requirements for recovery coaches.

To increase and expand access to opioid reversal treatments like Narcan, the bill would:

Require health insurance plans to cover opioid overdose reversal drugs without cost-sharing or prior authorization.
Mandate pharmacies in areas with high incidences of overdose to maintain a continuous supply of opioid overdose reversal drugs and notify DPH if the supply is insufficient.
Require substance use disorder treatment facilities to educate on and dispense at least two doses of opioid overdose reversal drugs to individuals upon discharge.
Mandate hospitals to educate on and prescribe or dispense at least two doses of opioid overdose reversal drugs to individuals with a history of opioid use or opioid use disorder upon discharge.

A previous version of this bill having passed the House of Representatives, the two branches will now reconcile the differences between the bills, before sending a final version to the Governor’s desk.

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Senate Bolsters Access to Maternal Health Services in Massachusetts

July 31, 2024 Senator Michael Moore

(BOSTON 7/31/2024) – Yesterday, the Massachusetts Senate unanimously passed legislation to strengthen access to physical and mental health care for pregnant people and new parents in Massachusetts, an expansion of support systems that is intended to keep parents and newborns healthy as they are welcomed into the world.

S.2899, An Act relative to increasing access to perinatal health care, builds on and improves existing perinatal health resources across the Commonwealth, including mental health resources, midwifery, and doula services.

“Providing accessible, affordable, and quality maternal care to expecting mothers is how we can set Bay State families up for healthy futures,” said Senator Michael Moore (D-Millbury). “The Massachusetts Senate is acting to bring midwife services, mental health resources, and more to vulnerable expecting mothers across the Commonwealth. I’m proud to have voted to approve this bill, and I look forward to continuing the Senate’s work to support mothers at every stage of parenthood.”

In an effort to proactively address mental health needs, the legislation requires MassHealth and commercial insurance coverage for post-pregnancy depression screenings. It also mandates the Department of Public Health (DPH) to develop and maintain a comprehensive digital resource center on perinatal mood and anxiety disorders.

It requires postnatal individuals receiving care from a postnatal professional to be offered a screening for post-pregnancy depression. Pediatricians will also offer screenings to postnatal individuals during infant wellness visits.

The bill allows earned sick time to be used for pregnancy loss, failed assisted-reproduction, adoption, or surrogacy. Further, it establishes a grant program to award funds to community-based organizations to address mental health conditions and substance use disorders for medically underserved perinatal individuals.

To improve access to midwifery care, the bill creates a licensure program for professional midwives to be certified by DPH. Licensed certified professional midwives will be authorized to dispense certain medications and administer necessary controlled substances under a statewide standing order to be issued by DPH. Additionally, the legislation mandates insurance coverage for services provided by certified nurse-midwives, making midwifery care more accessible and affordable.

The bill requires MassHealth to cover doula services for pregnant individuals, postpartum individuals up to 12 months following the end of pregnancy, and adoptive parents of infants until the infants reach one year of age. This provision recognizes the vital role that doulas play in supporting perinatal health and ensures that more families can benefit from their care.

Further notable provisions of the legislation include:

Requiring DPH to create regulations for the operation and maintenance of birth centers licensed as freestanding birth centers.
Codifying and expanding access to the DPH universal postpartum home visiting program.
Prohibiting the administration of ultrasound services unless supervised by a licensed healthcare professional providing medical care for pregnant individuals.
Changing the frequency of covered pediatrician wellness visits from annually to once per calendar year.

A previous version of this bill having passed the House of Representatives, the two branches will now reconcile the differences between the bills, before sending a version to the Governor’s desk.

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Senate Makes Sweeping Reforms to Long Term Care and Assisted Living Facilities

July 30, 2024 Senator Michael Moore

(BOSTON 7/30/2024) – Last week, the Massachusetts Senate approved sweeping reforms to the Commonwealth’s long term care and assisted living sectors, taking a powerful step towards delivering the high quality and safe care that Massachusetts seniors deserve. S.2889, An Act relative to long term care and assisted living, substantially strengthens oversight and enforcement while also requiring facilities to create outbreak plans should a health issue arise.

The bill also creates an LGBTQ+ bill of rights for aging residents to prohibit discrimination based on their LGBTQ+ identity or HIV status. After robust debate, the bill passed 39-0.

“Massachusetts seniors deserve the highest quality care as they age with dignity,” said Senator Michael Moore (D-Millbury). “This bill addresses many of the recurring issues and inequalities that have long plagued long term care and assisted living facilities in the Commonwealth, while bringing greater oversight and strong whistleblower protections for when things do go wrong. I’d like to thank my colleagues for their leadership on this issue, and I look forward to continuing our work to better the lives of our elders.”

The bill includes provisions related to basic health services administered in assisted living facilities and oversight of long term care facilities, including the following.

Assisted Living Basic Health Services. The bill makes it easier for residents of nursing homes and long term care facilities to get timely and efficient care by allowing Assisted Living Residences (ALRs) to offer basic health services such as helping a resident administer drops, manage their oxygen, or take a home diagnostic test. The legislation requires ALRs create service plans that demonstrate the residence has the necessary procedures in place, such as staff training and policies, to ensure safe and effective delivery of basic health services.

The legislation enhances oversight and compliance of ALRs by lowering the threshold for ownership interest disclosure from 25% to 5%. Under the new law, applicants are required to demonstrate that any prior multifamily housing, ALR, or health care facilities in which they had an interest met all the licensure or certification criteria. If any of these facilities were subject to enforcement action, the applicant must provide evidence that they corrected these deficiencies without revocation of licensure or certification.

This bill also gives the Executive Office of Elder Affairs (EOEA) new powers to penalize non-compliance by allowing them to fine ALRs up to $500 per day. This is in addition to existing EOEA powers to modify, suspend, or revoke a certification, or deny a recertification. Finally, it adds whistleblower protections for staff and residents who report anything happening at an ALR that they reasonably believe is a threat to the health or safety of staff or residents.

Long Term Care Facilities. The bill requires the Department of Public Health (DPH) to inspect each long term care facility every nine to 15 months to assess quality of services and compliance. It also requires DPH to review the civil litigation history, in addition to the criminal history, of the long term care facility applicants, including any litigation related to quality of care, patient safety, labor issues, or deceptive business practices.

S.2889 requires DPH to review the financial capacity of an applicant and its history in providing long term care in Massachusetts and other states. It requires applicants to notify DPH if it is undergoing financial distress, such as filing for bankruptcy, defaulting on a lending agreement, or undergoing receivership.

It allows DPH to limit, restrict, or revoke a long term care facility license for cause, such as substantial or sustained failure to provide adequate care, substantial or sustained failure to comply with laws or regulations, or lack of financial capacity to operate a facility. It also gives DPH the power to appoint a temporary manager if a long term care facility owner fails to maintain substantial or sustained compliance with laws and regulations. This manager would be brought on for at least three months, at the facility owner’s expense, to bring the facility into compliance.

The bill requires long term care facilities to submit outbreak response plans to DPH with clear protocols for the isolation of residents, lab testing, visitor screening, preventing spread from staff, and the notification of residents, family, and staff in the event of a contagious disease outbreak.

The bill prohibits long term care facilities from discriminating against residents based on LGBTQ+ identity or HIV status, whether through the denial of admission, medical or non-medical care, access to restrooms, or through room assignments. It also requires staff training on preserving LGBTQ+ rights and care.

Versions of the bill having passed both chambers of the Legislature, the two branches will now reconcile their differences before sending a bill to the Governor’s desk.

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Senate Acts to Protect Massachusetts Firefighters from Toxic PFAS Chemicals

July 30, 2024 Senator Michael Moore

(BOSTON 7/30/2024) – Yesterday, the Massachusetts Senate passed a critical bill that will protect firefighters in the Commonwealth from toxic PFAS chemicals. S.2902 – based S.1556 and S.1502 – implements new regulations on manufacturers of firefighting personal protective equipment, requiring a written notice to the purchaser that the equipment contains PFAS, the reason PFAS were used, and what specific PFAS chemicals are contained within the equipment. Further, the bill prohibits the manufacturing, distribution, or sale of firefighting turnout equipment that contains PFAS chemicals beginning on January 1st, 2027.

“Ask anyone how the majority of firefighter line-of-duty deaths occur — most will probably guess 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. I am so proud that the Senate is finally taking action to protect our heroic firefighters from the chemicals in their turnout gear that are slowly poisoning them, and I could not be more thrilled to have done it alongside my partners in the Legislature as well as the tireless advocates from across the Commonwealth who have persisted in this effort despite many setbacks. I am hopeful that my colleagues in the House will step up to get this legislation to Governor Healey’s desk before the end of the legislative term.”

Having been approved by the Senate, the bill will now go to the House for consideration before it can be sent to the Governor’s desk for her signature.

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Senate Acts to Protect First Responders Permanently Injured in the Line of Duty

July 29, 2024 Senator Michael Moore

(BOSTON 7/29/2024) – Last week, the Massachusetts Senate unanimously passed legislation to ensure that first responders who are permanently injured by violent acts in the line of duty receive their full regular compensation until they reach retirement age. S.2887, An Act relative to disability pensions and critical incident stress management for violent crimes, enshrines into law financial security for first responders and their families after a critical or life-threatening injury occurs while serving their state, county, city, or town.

“First responders put their lives on the line each and every day in service of their communities,” said Senator Michael Moore (D-Millbury). “We owe it to these brave men and women to guarantee that they and their families will be taken care of if anything were to happen to them in the line of duty – I’m pleased to have voted for a bill that does just that. I’d like to thank Senator Friedman for taking the lead on this important legislation and to all my colleagues for unanimously passing it.”

“The push for authorizing full disability pensions for first responders violently injured on duty dates back to my time working with and for my predecessor, Senator Ken Donnelly,” said Senator Cindy F. Friedman (D-Arlington), Vice Chair of the Senate Committee on Ways and Means. “As a former firefighter, there was no bigger advocate of honoring the service and sacrifice of Massachusetts’ first responders than Ken, and I am honored to have been able to play a role in getting this bill through the Senate, further cementing Ken’s incredible legacy. This legislation will change the lives of first responders and their families in the Commonwealth who have had to suffer through tremendous hardship.”

The legislation authorizes any employee considered a member-in-service of a retirement board to be eligible for accidental disability retirement if they sustain a catastrophic, life-threatening, or life-altering and permanent bodily injury, and are no longer able to perform their duties. Retirement boards would review evidence deemed appropriate, such as a medical panel finding that the member is physically unable to perform the essential duties of their job due to a violent act injury, and that this inability is likely to be permanent.

The bill also requires that following any incident involving exposure to actual or threatened death, serious injury, or sexual violence, a member must receive notice of critical incident stress management debriefing programs. This provision ensures that first responders have access to the mental health support they need after traumatic events.

Having previously been passed by the House, the bill will need one more enacting vote in each branch before being sent to the Governor for her consideration.

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Massachusetts Legislature Passes Pay Equity Legislation

July 29, 2024 Senator Michael Moore

(BOSTON 7/29/2024) – Last week, the Massachusetts Legislature took a powerful step towards closing the gender and racial wage gap in the Commonwealth by passing An Act relative to salary range transparency. The legislation requires employers with 25 or more employees to disclose a salary range when posting a position and protects an employee’s right to ask their employer for the salary range for their position when applying for a job or seeking a promotion.

When signed into law, H.4890 would make Massachusetts the eleventh state to mandate pay transparency by requiring employers to disclose salary ranges, according to the National Women’s Law Center. H.4890 builds on the Legislature’s 2016 passage of the Massachusetts Equal Pay Act, which prohibited wage discrimination based on gender and brought long-sought fairness and equality to workplaces in the state.

“Salary transparency is key to ensuring employees are getting fair and equal compensation for their work,” said Senator Michael Moore (D-Millbury). “Requiring employers include salary ranges in job listings will allow employees to better understand what their colleagues and peers are being paid – critically important when negotiating compensation. I’m proud that the Legislature is once again stepping up to close the gender and racial pay gap, and I look forward to seeing this bill get signed into law.”

Having passed both chambers, the bill now goes to Governor Maura Healey’s desk for her signature.

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Senate Acts on Supplemental Budget Funding Human Services, Childcare, Hospitals

July 25, 2024 Senator Michael Moore

(BOSTON 7/25/2024) – The Massachusetts Senate yesterday passed a supplemental budget directing funding to childcare assistance, community services, and workforce initiatives vital to the wellbeing of Massachusetts residents. The legislation directs funding to deficiencies outlined by the Healey-Driscoll Administration and makes numerous clarifications to state policies to cut red tape and create efficiencies in state government.

“This supplemental budget provides essential funding for services that touch the lives of nearly every Bay Stater – supporting child care, expanding health care, fighting hunger, and more,” said Senator Michael Moore (D-Millbury). “Investments like these help keep Massachusetts a leader amongst its peers in the United States. I’m pleased to have voted to approve this legislation, and I’m thankful to my colleagues in the Senate for acting swiftly to fill the gaps in these important systems.

The legislation appropriates $432 million in funding from Fiscal Year 2024 appropriations that would be made available through Fiscal Year 2025. It directs $228 million in funding for the American Rescue Plan Act Home and Community Based Services (ARPA HCBS) Reserve to promote innovative services that enhance the quality of life and independence of people in their home and community, an investment that comes at no net cost to the state.

It includes $61 million for a critical health and human services and workforce reserve to cover projected deficiencies in Fiscal Year 2024 related to the continued need for direct care staffing to respond to health needs in nursing homes, group care settings, state hospitals, and veterans’ homes, as well as other patient health and safety supports. It also includes $45 million in financial assistance for fiscally strained hospitals and $25 million in assistance to fiscally strained community centers, supporting the state’s most stressed providers serving high-need areas.

Additional investments include:

$29.7 million in early education and care subsidies to ensure that providers are able to maintain access for all income-eligible families in need of child care.
$20.0 million for services to victims of crime, known as the ‘VOCA bridge.’
$5.6 million for tax abatements for veterans, widows, blind persons and the elderly.
$5.1 million to support increased demand for the Healthy Incentives Program (HIP), which provides fresh, healthy food options and supports our local growers.
$2.8 million for the Elections Division of the Secretary of the Commonwealth.
$2.1 million to be used for Women, Infants and Children (WIC) nutrition services to fully support the current caseload of recipients

The legislation includes changes and clarifications to policy, including:

Permitting the Operational Services Division (OSD) to procure both electric vehicles and charging equipment on one contract, an efficiency that will help the state reach its climate goals.
Increasing the amount that the Division of Capital Asset Management and Maintenance (DCAMM) is able to contract with utility vendors for energy conservation projects from $300,000 to $500,000, enhancing the division’s ability to support the state in reaching its climate goals.
Adding tribes as eligible entities to receive funding through the broadband municipal grant program.
Providing flexibility on the use of ARPA funds for local boards of health.
Allowing the Department of Conservation and Recreation (DCR) to enter into new long-term leases of up to 30 years for the operations of ice rinks.

The legislation passed the Senate by a vote of 38-1.

A previous version of this bill having passed the House of Representatives, the two branches will now reconcile the differences between the bills before sending a compromise bill to the Governor’s desk

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Senate Acts to Invest in Cybersecurity, Online Accessibility, New Technology

July 25, 2024 Senator Michael Moore

(BOSTON 7/25/2024) – Yesterday, the Massachusetts Legislature enacted the FutureTech Act, taking action on a $1.26 billion bond authorization to modernize the Commonwealth’s digital infrastructure and create safer and more accessible experiences for residents and employees alike.

Funding and projects included in H.4889, An Act to provide for the future information technology needs of Massachusetts, would allow state agencies to deliver services more efficiently to residents, enhance cybersecurity on statewide platforms, and broaden access to services used by hundreds of thousands of residents statewide. The bill would also invest in emerging technologies and artificial intelligence (AI) and create a fund to secure anticipated federal funding to bolster health and human services-related projects.

“It is difficult to avoid digital systems when interacting with government in the modern era. We owe it to the people of Massachusetts to ensure those systems are easy to navigate while also maintaining the highest levels of security against cybercriminals and other bad actors,” said Senator Michael Moore (D-Millbury). “I’m pleased to see investments be made to update our digital infrastructure like those in the FutureTech Act. As we keep an eye to the future, I am hopeful that we can pair important investments like these with high cybersecurity standards like those established by the Cybersecurity and AI bill my committee advanced late last year.”

During Senate debate, Senator Michael Moore secured two amendments to the FutureTech Act, both of which were included in the final bill. The first provision authorizes five $50,000 bonds to each of the towns of Auburn, Grafton, Millbury, Shrewsbury, and Westborough to fund information technology infrastructure modernization. The second provision authorizes a $250,000 bond to allow the Worcester Police Department to purchase equipment to access the National Integrated Ballistic Information Network (NIBIN). The NIBIN provides law enforcement partners at all levels of government with an automated ballistic imaging network that can match ballistics evidence with other cases across the nation. This process can also help reveal previously hidden connections between violent crimes in different communities and states.

The FutureTech Act lays a foundation for technology innovation in the Commonwealth by implementing transformative projects like the Business Enterprise Systems Transformation (BEST) and the Commonwealth Digital Roadmap, both of which would be targeted at streamlining state operations and making essential government services quicker and more efficient.

It would support a new project to consolidate and modernize the Division of Occupational Licensing’s (DOL) licensing database, which currently relies on outdated infrastructure, paper files, and manual data entry. Once full implemented, new systems will accelerate licensing and renewals.

The bill also includes authorizations to continue investments for the Employment Modernization Transformation (EMT) rollout, which will provide employers and those seeking unemployment insurance with a new portal to manage unemployment insurance claims. With phase one already rolled out, future improvements will include easier uploads, a mobile-friendly design, and enhanced accessibility features.

The FutureTech Act builds on Massachusetts’ longstanding leadership in emerging technology by allocating funds for future AI projects and supporting initiatives like the Municipal Fiber Grant Program, which boosts innovation and extends efficiencies to cities and towns.

Having passed both branches of the Legislature, the legislation will now be sent to the Governor’s desk for her signature.

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Legislature Passes Fiscal Year 2025 Budget

July 24, 2024 Senator Michael Moore

(BOSTON – 7/24/2024) Last week, the Legislature enacted a $58 billion budget for Fiscal Year 2025 (FY25), resolving differences between the versions of the budget passed by the House of Representatives and the Senate earlier this year. The FY25 conference committee report maintains fiscal responsibility while delivering historic levels of investment at every level of education, transportation, regional equity, workforce development and health care, reflecting the Legislature’s ongoing commitment to delivering on affordability for residents and economic competitiveness for the Commonwealth.

“Every budget is an opportunity to direct investments into local priorities, regional initiatives, and statewide programs that will make a material difference in the lives of everyday Bay Staters,” said Senator Michael Moore (D-Millbury). “With an eye toward extending opportunity and improving affordability, the FY25 budget makes historic investments into the Commonwealth’s world-class education system, expands our critical mental health services, advances our affordable housing goals, and more, all while providing local support for cities and towns across Massachusetts. I’m also pleased to share that I secured 14 earmarks, including funds for each and every community in the Second Worcester District. I am proud of the work the Legislature has done on this budget, and I look forward to seeing these funds go to work in the coming year.”

As the Commonwealth adjusts to a changing economic landscape and ongoing tax revenue volatility, the FY25 budget adheres to disciplined and responsible fiscal stewardship. It does not raise taxes, nor does it draw down available reserves from the stabilization fund or the transitional escrow fund, while at the same time judicially utilizing one-time resources to maintain balance. The FY25 budget continues responsible and sustainable fiscal planning for the future by continuing to grow the Rainy Day Fund, already at a historic high of over $8 billion, to an anticipated balance of roughly $9 billion at the close of FY25.

Amendments and earmarks to the FY25 budget secured by Senator Moore include:

Statewide

Biodiversity Trust Fund – creates a Biodiversity Trust Fund to support efforts of the Department of Fish and Game to protect biodiversity and natural systems by purchasing land, managing habitats, restoring ecosystems, and more.
Inland Fisheries and Game Reimbursement – requires that the George L. Darey inland fisheries and game fund be reimbursed for all losses of revenue for any license provided for free or at a discount.

Regional

$50,000 for Pyrrhotite Testing Reimbursement to cover the costs associated with testing for the presence of pyrrhotite in the foundations of local homes. This funding was secured in collaboration with Senators Ryan Fattman (R-Sutton) and Peter Durant (R-Spencer).
$50,000 for Flint Pond Patrols to increase public safety and reduce public nuisance around the Flint Pond area of Lake Quinsigamond.
$44,000 to Blackstone Valley Regional Vocational Technical High School for the purchase and installation of new HVAC units. $20,000 of this funding was provided by Senator Ryan Fattman (R-Sutton).

Auburn

$44,000 to purchase and install a backup repeater and related equipment to improve emergency communication capabilities in Auburn.

Grafton

$50,000 for the removal of invasive plants in Grafton to protect local ecosystems.

Millbury

$32,000 to the Millbury Police for improvements and equipment for the police station.

Shrewsbury

$25,000 for code reviews and building assessments in the town of Shrewsbury.
$25,000 for Maple Avenue Park in Shrewsbury for general improvements.

Westborough

$57,000 for the Westborough Fire Department to purchase updated safety gear and equipment.

Worcester

$250,000 to EcoTarium Zoological Park in Worcester for the care of its animals, its community education programming, and to support capital improvements to animal habitats.
$50,000 to CENTRO Food Pantry to support the operation of its food pantry program.
$50,000 for tree replanting in Worcester to improve streetscapes and reduce heat island effects.
$50,000 to Worcester Regional Chamber of Commerce for the operation of their Worcester Green Corps program.
$26,000 to Worcester Court Appointed Special Advocates (CASA) to support efforts to provide legal representation for children during legal proceedings.

Fair Share Investments to Grow Our Economy

Consistent with the consensus revenue agreement reached with the Healey-Driscoll Administration in January, the FY25 budget includes $1.3 billion in revenues generated from the Fair Share surtax of four percent on annual income above $1 million and invests these public dollars to improve the state’s education and transportation sectors.

Notable Fair Share education and transportation investment highlights include:

Education: 59% of Fair Share Revenues

$170 million to fully fund universal free school meals programming for every public-school student in the Commonwealth.
$175 million for the Commonwealth Cares for Children (C3) program to provide monthly grants to early education and care programs, which is matched with $300 million in funds from the new Early Education and Care Operational Grant Fund and the High-Quality Early Education and Care Affordability Fund for a total investment of $475 million.
$117.5 million for MassEducate to provide free community college across the Commonwealth.
$80 million to expand financial aid programs for in-state students attending state universities through MASSGrant Plus, which is in addition to the $175.9 million for scholarships funded through the General Fund.
$65 million for early education and care provider rate increases, to increase salaries for our early educators.
$20 million for early literacy initiatives.
$14 million for grants to State Universities to provide wraparound supports and services.
$5 million for the CPPI Pre-K Initiative, matching $17.5 million in funds from the general fund, for a total of $22.5 million to support the expansion of universal pre-kindergarten, including in Gateway Cities.

Transportation: 41% of Fair Share Revenues

$250 million for the Commonwealth Transportation Fund (CTF), which will leverage additional borrowing capacity of the CTF and increase investments in transportation infrastructure by $1.1 billion over the next 5 years. This $250 million includes:
- $127 million to double operating support for the MBTA.
- $63 million in debt service to leverage additional borrowing capacity.
- $60 million in operating support for MassDOT.
$60 million for MBTA capital investments, including $10 million for resilient rail services.
$36 million for the MBTA workforce safety reserve.
$10 million for the MBTA Academy.
$45 million for roads and bridges supplemental aid for cities and towns.
$110 million for regional transit funding and grants to support the work of Regional Transit Authorities (RTAs) that serve the Commonwealth, which together with general fund spending funds RTA operations at $204 million. Fair Share funding includes:
- $66 million in direct operating support for Regional Transit Authorities.
- $30 million for systemwide implementation of fare-free transit service.
- $10 million to incentivize connections between regional transit routes.
- $4 million to support expanded mobility options for the elderly and people with disabilities.
$20 million to support implementation of a low-income fare relief program at the MBTA.
$7.5 million for water transportation funding and operational assistance for ferry services.

Education: Early Education and Care, K-12 and Higher Education

The FY25 budget supports students across the full spectrum of the Commonwealth’s education system, shaping polices to make high-quality education more accessible and by making significant investments in the education system, from our youngest learners to adults.

To create a new funding source for EEC initiatives, the budget allows the Massachusetts Lottery to sell its products online. A portion of the new revenue collected from online lottery sales, estimated to be $100 million in FY25, would fund C3 grants, which provide long-term stability for high-quality and affordable care for families.

The budget report delivers significant levels of investment in education, including:

$6.9 billion in Chapter 70 funding, an increase of $317 million over FY24, as well as increasing minimum Chapter 70 aid from $30 to $104 per pupil, delivering an additional $37 million in resources to school districts across the state.
Over $1.55 billion investment in the early education and care sector, including:
- $475 million for the Commonwealth Cares for Children (C3) grants.
- FY25 is the second fiscal year in a row which the annual state budget includes a full year of funding for C3 grants, signaling a historic commitment to maintain this crucial lifeline for our early education and care sector.
- The FY25 budget also makes the C3 program permanent, while including provisions to direct more funds from the C3 program to early education and programs that serve children receiving childcare subsidies from the state and youth with high needs.
$117.5 million for free community college across the Commonwealth, covering tuition and fees for students.
$493.2 million for the special education (SPED) circuit breaker.
$99.5 million to reimburse school districts for regional school transportation costs, representing an 85 per cent reimbursement rate.
$18.5 million for Head Start grants.
$16 million for rural school aid assistance.
$6 million for Social Emotional Learning Grants to help K-12 schools continue to bolster social emotional learning supports for students, including $1 million to provide mental health screenings for K-12 students.
$5 million for grants to support implementation of the Massachusetts Inclusive Concurrent Higher Education law, including $3 million for grants offered through the Massachusetts Inclusive Concurrent Enrollment initiative to help high school students with intellectual disabilities ages 18–22 access higher education opportunities; and $2 million for the Massachusetts Inclusive Concurrent Enrollment Trust Fund.
$3 million for genocide education grants to facilitate teaching students the history of genocide.
$1 million for hate crimes prevention grants to support the prevention of hate crimes in public schools.

The FY25 budget codifies several provisions that transforms the early education sector by improving affordability and access for families, increasing pay for early educators, and ensuring the sustainability and quality of early education and care programs.

In K-12 education, the FY25 budget follows through on the Legislature’s commitment to fully fund and implement the Student Opportunity Act (SOA) by Fiscal Year 2027, investing $6.9 billion in Chapter 70 funding, an increase of $319 million over FY24, as well as increasing minimum Chapter 70 aid from $30 to $104 per pupil, delivering an additional $37 million in resources to school districts across the state. With these investments, the Legislatures continues to provide crucial support to school districts confronting the increasing cost pressures that come with delivering high-quality education to all students.

In addition to the record levels of investment in early education and K-12, the FY25 budget removes barriers to accessing public higher education by codifying into law MassEducate, a $117.5 million investment in universal free community college program that covers tuition and fees for residents, aimed at supporting economic opportunity, workforce development, and opening the door to higher education for people who may never have had access. The FY25 budget permanently enshrines free community college into law in an affordable and sustainable manner across the Commonwealth, while leaving no federal dollars on the table.

Health, Mental Health and Family Care

Investments in the FY25 budget allow more than two million people to receive continued access to affordable and comprehensive health care services. Health care investments include:

$20.36 billion for MassHealth, representing the largest investment made in the state budget.
$2.9 billion for a range of services and focused supports for people with intellectual and developmental disabilities.
$622.4 million for Department of Mental Health (DMH) adult support services.
$625 million for nursing facility Medicaid rates, including $40 million in additional base rate payments to maintain competitive wages in the Commonwealth’s nursing facility workforce.
$390 million for Chapter 257 rates to support direct-care providers across the continuum of care.
$212.7 million for a complete range of substance use disorder treatment and intervention services.
$131.4 million for children’s mental health services.
$33.8 million for Family Resource Centers to grow and improve the mental health resources and programming available to families.
$30.9 million for Early Intervention services, ensuring supports remain accessible and available to infants and young toddlers with developmental delays and disabilities.
$29.6 million for grants to local Councils on Aging to increase assistance per elder to $15 from $14 in FY 2024.
$27.9 million for family and adolescent health, including $9.2 million for comprehensive family planning services and $6.7 million to enhance federal Title X family planning funding.
$20 million to recapitalize the Behavioral Health, Access, Outreach and Support Trust Fund to support targeted behavioral health initiatives.
$14.7 million for maternal and child health, including $10.4 million for pediatric palliative care services for terminally ill children and a policy adjustment to ensure that children up to age 22 can continue to be served through the program.
$5.5 million for Children Advocacy Centers to provide critical supports available to children that have been neglected or sexually abused.
$2 million for grants for improvements in reproductive health access, infrastructure, and safety.

The FY25 budget, for the first time in Massachusetts’ history, allows an individual to be identified with a non-binary ‘X’ sex designation on their birth certificate and enshrine into law the current practice of allowing an individual to select a non-binary ‘X’ gender designation on their driver’s license. This step ensures that all residents—including trans and nonbinary people—can secure government documents that accurately reflect who they are.

Additionally, the FY25 budget recognizes that the cost of fertility preservation should not be a barrier to starting a family for Massachusetts residents with cancer or other serious medical conditions. It therefore requires health insurance carriers to cover fertility preservation treatments for individuals who have a medical diagnosis or who are going through medical treatments that may impact fertility. It also includes coverage for the procurement, cryopreservation, and storage of gametes, embryos, or other reproductive tissue.

Housing

The FY25 budget invests $1.15 billion in housing, dedicating resources for housing stability, residential assistance, emergency shelter services, and homelessness assistance programs, ensuring the state deploys a humane, responsible, and sustainable approach to providing families and individuals in need with an access point to secure housing.

The budget prioritizes relief for families and individuals who continue to face challenges brought on by the pandemic and financial insecurity, including $326.1million for Emergency Assistance Family Shelters, in addition to the $175 million in resources passed in the recent supplemental budget, to place the Commonwealth’s shelter system on a fiscal glidepath into FY25. Housing investments include:

$231.7 million for the Massachusetts Rental Voucher Program (MRVP), including $12.5 million in funds carried forward from FY24.
$197.4 million for Residential Assistance for Families in Transition (RAFT).
$113 million for assistance to local housing authorities.
$110.8 million for assistance for individuals experiencing homelessness.
$57.3 million for the HomeBASE program.
$27 million for the Alternative Housing Voucher Program (AHVP), including $10.7 million in funds carried forward from FY24, to provide rental assistance to people with disabilities.
$10.5 million for assistance for unaccompanied homeless youth.
$10.5 million for Housing Consumer Education Centers (HCECs).
$8.9 million for sponsor-based supportive permanent housing.
$8.9 million for the Home and Healthy for Good re-housing and supportive services program, including funding to support homeless LGBTQ+ youth.

The FY25 budget includes important consumer protections, including ending the practice of home equity theft, a practice where cities, towns, and even private companies can foreclose on a home for taxes owed, sell it, and pocket the profits. With this crucial step, the Legislature strikes a balance to ensure equity is returned to homeowners and taxpayers, while municipalities will be made a whole and protected moving forward.

Expanding and Protecting Economic Opportunities

The budget includes a record investment in the annual child’s clothing allowance, providing $500 per child for eligible families to buy clothes for the upcoming school year. The budget also includes a 10 per cent increase to Transitional Aid to Families with Dependent Children (TAFDC) and Emergency Aid to the Elderly, Disabled and Children (EAEDC) benefit levels compared to June 2024. Other economic opportunity investments include:

$496.2 million for Transitional Assistance to Families with Dependent Children (TAFDC) and $183.2 million for Emergency Aid to Elderly, Disabled and Children (EAEDC) to provide the necessary support as caseloads increase, and continue the Deep Poverty increases.
$59.8 million for adult basic education services to improve access to skills necessary to join the workforce.
$42.4 million for the Massachusetts Emergency Food Assistance Program.
$15 million in Healthy Incentives Programs to maintain access to healthy food options for households in need.
$10.4 million for Career Technical Institutes to increase our skilled worker population and provide residents access to career technical training opportunities.
$10 million for the Workforce Competitiveness Trust Fund to connect unemployed and under-employed workers with higher paying jobs.
$10 million for a community empowerment and reinvestment grant program to provide economic support to communities disproportionately impacted by the criminal justice system.
$5.4 million for the Innovation Pathways program to continue to connect students to training and post-secondary opportunities in STEM fields.

Community Support

The FY25 budget further demonstrates the Legislature’s commitment to partnerships between the state and municipalities, dedicating meaningful resources that touch all regions and meet the needs of communities across the Commonwealth. This includes $1.3 billion in funding for Unrestricted General Government Aid (UGGA), an increase of $38 million over FY24, to support additional resources for cities and towns.

In addition to traditional sources of local aid, the FY25 budget includes the following local and regional equity investments:

$204 million for Regional Transit Authorities (RTAs) to support regional public transportation systems, including $110 million from Fair Share funds to support our RTAs that help to connect all regions of our Commonwealth.
$53 million for payments in lieu of taxes (PILOT) for state-owned land, an increase of $1.5 million over FY24. PILOT funding is an additional source of supplemental local aid for cities and towns working to protect and improve access to essential services and programs during recovery from the pandemic.
$52.4 million for libraries, including $19 million for regional library local aid, $20 million for municipal libraries and $6.2 million for technology and automated resource networks.
$26.9 million for the Massachusetts Cultural Council to support local arts, culture, and creative economic initiatives.

Having passed the House of Representatives and the Senate, the FY25 budget now moves to the Governor’s desk for her consideration.

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Massachusetts Legislature Passes Firearm Safety Reform Bill

July 22, 2024 Senator Michael Moore

(BOSTON 7/22/2024) — The Massachusetts Legislature last week passed a firearm safety reform bill that cracks down on the sale of ghost guns, strengthens the Commonwealth’s red flag laws, updates the definition of assault-style firearms, and limits the carrying of guns into polling places and government buildings while updating our current prohibition of guns in schools to include school transport.

“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 rates in the nation,” said Senator Michael Moore (D-Millbury). “I’m pleased that the Legislature is acting to update these regulations and react to the rapidly changing modern landscape of firearm availability, modifiable accessories, and technological advancements. This legislation will help make sure we can protect our communities from gun violence without infringing the right to bear arms for law-abiding gun owners.”

Following the 2022 U.S. Supreme Court’s Bruen decision, the Massachusetts Legislature acted quickly to patch areas in the Commonwealth’s framework governing the issuance of licenses to carry firearms, which were undone by the Supreme Court’s actions. The bill passed last week is a result of a comprehensive review of the Commonwealth’s gun laws, with the goal of proposing solutions to emerging threats in technology, such as the prevalence of ghost guns.

During debate, Senator Moore secured an amendment that 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.

Other major provisions of the bill include:

Stemming Illegal Firearm Flow. This bill provides tools for law enforcement to target illegal gun trafficking by including an enhanced tracing system to track firearms used in crimes, modernizing the existing firearm registration system, and increasing the availability of firearm data for academic and policy use. The bill also enhances requirements for reporting lost, stolen and surrendered firearms.

Protecting Communities from Gun Violence. The legislation criminalizes discharging firearms at or near dwellings. It also prohibits the carrying of firearms on school busses, polling places, and government buildings with an exemption for law enforcement.

Additionally, the bill standardizes training requirements for individuals seeking a license to carry and will now require live firearm training. The bill also expands the list of who may petition a court for an extreme risk protection order (ERPO) against a person who poses a risk of causing bodily injury to themselves or others beyond just household members and law enforcement, to include school administrators and medical professionals. It creates a special legislative commission to study and make recommendations to improve the Commonwealth’s funding structure for violence prevention services and begins the process of directing the Massachusetts Secretary of Health and Human Services to seek federal reimbursement for violence prevention programs.

Modernizing Massachusetts Firearm Laws. The bill ensures that Massachusetts laws remain in compliance with the Bruen decision and provides standardization to our laws and the process of obtaining a license to carry a firearm for responsible individuals. The legislation also updates how we define assault-style firearms and places new restrictions on large capacity feeding devices that are currently owned. It closes loopholes that allow the modification of legal firearms into illegal automatic weapons and provides a legacy clause so all firearms legally owned and registered in Massachusetts as of the effective date of the bill will continue to be legal and may be bought and sold within the state.

Between 2019 to 2021, the Boston Police Department alone saw a 280 percent increase in the number of untraceable ghost guns it recovered on the streets. The bill passed last week tackles this rise in untraceable guns by requiring the registration and serialization of frames and receivers and updates our definition of firearm to include unfinished frames and receivers.

Having passed both chambers, An Act modernizing firearm laws now goes to the Governor’s desk for her signature.

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Senate Passes Health Care Reform Boosting Safeguards Against For-Profit Entities

July 19, 2024 Senator Michael Moore

(BOSTON 7/19/2024) — The Massachusetts Senate yesterday passed urgent reforms to the Commonwealth’s health care system to boost oversight and transparency in the market and improve patient access to prescribed medication and treatment. Following debate, the Senate approved the legislation by a vote of 38-2.

The reforms in S.2871 come as Massachusetts continues to manage challenges related to private equity’s mismanagement in health care which has created uncertainties for patients receiving care and the communities that the healthcare facilities serve. The legislation passed by the Senate would create strong systemic safeguards around private equity in healthcare, a significant step towards preempting future mismanagement.

“The Massachusetts Senate is taking steps to ensure that reliable, high-quality, and affordable health care is within reach of all Bay Staters,” said Senator Michael Moore (D-Millbury). “This bill will help address the fallout of the crisis created by private equity’s takeover of Steward Health Care while bringing more oversight to for-profit health care organizations in Massachusetts. Everyone deserves care that they can trust to help them live their best, healthiest life – the reforms contained in this legislation will get us closer than ever to that goal.”

Provisions of An Act enhancing the health care market review process include:

Expanding oversight of Private Equity. Leading nationwide efforts, the bill expands oversight of private equity firms, real estate investment trusts (REITs), and management services organizations (MSOs) involved with Massachusetts health care providers and provider organizations. In conjunction with the Senate’s efforts to rein in the costs of prescription drugs through the PACT Act, the bill expands oversight of pharmaceutical manufacturing companies and pharmacy benefit managers (PBMs) and creates a licensing structure for PBMs.

In addition to PBMs, the bill establishes licensing structures for certain health care providers currently not licensed, and therefore not subject to Department of Public Health (DPH) oversight, including office-based surgical centers, urgent care centers, and health care practices.

Improving Access to Primary Care. Access to primary care is proven to reduce health care costs, yet there is an extreme shortage of primary care providers in Massachusetts and across the country. To understand how to best build a sustainable primary care system, the bill establishes a task force to study and make recommendations to stabilize the system and workforce, increase financial investment in primary care, and improve patient access to primary care.

The bill moves state health planning to the Health Policy Commission (HPC) and the health care resources inventory to the Center for Health Information and Analysis (CHIA) to better align with the work of these agencies. In developing the state health plan, HPC is directed to consider health equity goals. The bill also directs HPC and CHIA to set and measure health care affordability goals for the Commonwealth.

Keeping Health Insurance Affordable. The bill establishes a health insurance bureau within the Division of Insurance (DOI) to conduct rate reviews of premium rates for health benefit plans, oversee the small group and individual health insurance market and affordable health plans—including coverage for young adults—and disseminate information to consumers about health insurance coverage.

Cutting Red Tape for Prescription Access. In response to an increased number of consumer reports of delays accessing medications due to the need for prior authorizations, the bill requires a new insurance carrier to honor any prior authorizations approved by a previous carrier for at least 90 days following a patient’s enrollment in the new health plan. The bill also requires that a prior authorization approval for medication and treatment prescribed for chronic disease management must be valid for the length of the prescription, up to 12 months.

Strengthening the Health Policy Commission (HPC). To strengthen the HPC’s work to advance a transparent and equitable health system, the bill adds members with expertise in hospital administration and in the development and pricing of pharmaceuticals, biotechnology, or medical devices to its Board of Commissioners.

The bill adjusts the HPC’s setting of the health care cost growth benchmark—the limit of how much the HPC believes health care costs should grow over time—from one year to two years, to better account for irregularities in costs.

Boosting Transparency at the Center for Health Information and Analysis (CHIA). To increase transparency, the bill authorizes CHIA to collect information from additional health care entities such as pharmaceutical companies and pharmacy benefit managers. The bill strengthens HPC’s and CHIA’s ability to ensure compliance with data reporting requirements by health care entities by enhancing the penalties for non-compliance.

Protecting Practitioner Autonomy. This bill prevents businesses, such as MSOs and corporate employers of health care practitioners, from encroaching on the clinical autonomy of practitioners. While MSOs were created to provide practices with administrative and business support, in recent years, private equity firms and other corporations have started using MSOs to increase profits by controlling practices, and by extension, the practitioners who work in them. Patients deserve safe and appropriate care that is based on a practitioner’s best professional judgment without the influence of business interests.

Managing Costs and Improving Quality of Care. The bill updates several programs aimed at constraining health care costs and improving care quality, including the Determination of Need (DoN), Performance Improvement Plan (PIP), and Material Change Notice (MCN), and programs.

Determination of Need. This bill increases coordination between state agencies involved in health care market review by clarifying that DPH should not act on a DoN application until HPC, CHIA, the Attorney General, or other relevant agencies have been given reasonable opportunity to supply required information. This change will ensure that DPH has all the information it needs to more fully assess a proposal’s potential impact on the provision of health care in the Commonwealth.

Performance Improvement Plan. The PIP is a process by which HPC can require entities that have exceeded the cost growth benchmark to reduce their spending. The bill provides more flexibility for CHIA to refer health care entities with excessive spending to HPC, which can require the referred entity to file and implement a PIP. In addition, the HPC is given new authority to assess a civil penalty instead of requiring a PIP.

Material Change Notice. A MCN is a requirement for providers and provider organizations to notify HPC of a proposed change to their operations or governance structure at least 60 days before the change is to go into effect. The bill adds new types of transactions that require a MCN, including significant new for-profit investment and acquisitions by for-profit entities, such as large for-profit physician organizations and private equity firms, as well as the sale of assets for the purposes of a lease-back arrangement.

Crucially, the bill gives HPC new authority to require providers to address concerns that their proposed change will significantly increase consumer costs, reduce the quality of care, or reduce access to services.

A previous version of this bill having passed the House of Representatives, the two branches will now reconcile the differences between the bills, before sending it to the Governor’s desk.

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Senate Approves $2.86 Billion to Boost Life Sciences, Climate Tech, A.I., Small Business

July 12, 2024 Senator Michael Moore

(BOSTON 7/12/2024) — Yesterday, the Massachusetts Senate unanimously passed a comprehensive economic development bond bill that makes bold investments in life sciences, climate tech, and small businesses, building on Massachusetts’ national leadership and creating an environment where businesses and workers thrive.

The $2.86 billion in bonds authorized in An Act Relative to strengthening Massachusetts’ economic leadership will stimulate new and proven industries, support workforce development and talent retention, and modernize economic growth strategies.

The support in S.2856 extends to small businesses, communities, and cultural development, ensuring that main street businesses across the Commonwealth benefit from the economic boost.

A number of amendments proposed by Senator Michael Moore were adopted during Senate debate, including:

Temporary Deepfake Election Media Protections – prohibits the distribution of video or audio that has been deceptively manipulated in the leadup to the November 2024 election with the intent to injure a political candidate’s reputation, deceive a voter, or create doubt about the integrity of the electoral process. The provision would expire February 1, 2025.
Responsible Robotics – prohibits the manufacture, modification, sale, or possession of a robotic device equipped with a weapon. Maintains limited exemptions for the US Department of Defense and its contractors, for companies with an explicit waiver from the Massachusetts Attorney General. Also clarifies that warrants are needed when entry by law enforcement onto private property is made by a robot, except in exigent circumstances, just as it would be for an officer.
Unit Pricing Exemption Update – in response to inflation, increases the unit pricing exemption threshold for small businesses from $5 million in yearly gross sales to $10 million. Requiring small businesses like convenience stores and specialty stores to provide unit pricing creates unnecessary costs while providing information most consumers aren’t asking for.
$5 million for Central MA Cyber Range – to create and operate a cyber range in the city of Worcester, to be operated by a partnership between Quinsigamond Community College and Worcester State University. Cyber range will provide virtual environments for students to learn in realistic cybersecurity labs that can simulate real-world attacks.

$1 million for Auburn Commercial Sector Access – to support infrastructure improvements that will improve transportation to and from commercial entities in Auburn.
$500,000 for Grafton Economic Improvements – for repairs and improvements to the 1 Grafton Common building in the town of Grafton.
$100,000 for Millbury Economic Development – to support infrastructure improvements that will help revitalize downtown Millbury.
$300,000 for Shrewsbury Economic Improvements – to create a master plan, a redevelopment plan for vacant property, and an economic development strategy for the town of Shrewsbury.
$100,000 for Westborough Public Schools’ BORO Program – to purchase a wheelchair accessible vehicle for the Bridging Over Right Opportunities (BORO) program.
$3 million for AI Financial Innovation and Research Center in Worcester – to establish Massachusetts as a leader in financial services by creating a research center in the City of Worcester that will focus on applying artificial intelligence and machine learning to the sector.

“Boosting Massachusetts’ workforce, small businesses, and key industries are crucial to ensuring the Commonwealth remains a national economic leader,” said Senator Michael Moore (D-Millbury). “I am pleased that the Senate is making smart and targeted investments to keep the Bay State competitive and bring more economic opportunities to the people of Massachusetts. I’m also thrilled to share the important amendments I secured during debate, including protecting the public from election misinformation during the 2024 election, implementing common-sense regulations around dangerous robotics, and bringing investments to programs and the economies of every single community in my district. This bill is good news for anyone who lives or works in Massachusetts, and I’d like to thank my colleagues for their leadership on this issue.”

The combination of investments, tax credits, and policy changes will position Massachusetts industries as global leaders at a moment when breakthroughs in science and technology are more important than ever.

Provisions of the legislation include:

Maintaining Massachusetts’ Life Sciences Leadership

While 18 of the top 20 biopharma companies now have ties to Massachusetts, the national ecosystem remains competitive. The Senate’s economic development bill authorizes $225 million over five years for the Life Sciences Breakthrough Fund to reauthorize the Life Sciences Initiative, totaling $45 million annually. Known as “Life Sciences 3.0”, the reauthorization adds health equity, biosecurity, digital health, and artificial intelligence (AI) to the mission of the Life Sciences Center.

It also redefines “life sciences” to include preventative medicine, biosecurity, life sciences AI, and medical technology. It also allows for awards and grants to public higher education institutions or public private partnerships.

Keeping Climate Tech Companies in Massachusetts

Massachusetts is first in the nation for per-capita climate tech startups – despite being outpaced in investment by New York and California – with 49 businesses per one million residents. To incentivize these startups to stay in Massachusetts and continue to build their companies, the legislation provides $200 million for the Clean Energy Investment Fund to facilitate research and development, commercialization, and deployment of climate technologies. It adds a further $200 million for the Massachusetts Offshore Wind Industry Investment Trust Fund to support the growth of the offshore wind industry.

Additional incentives include a climate tech tax credit, a climate tech jobs credit, and a climate tech research credit.

Regional Equity

The legislation reflects the different needs of different communities and ensures none of the Commonwealth’s 351 cities and towns are left behind. This will partly be accomplished through statewide targeted infrastructure improvements, with the bill authorizing $400 million for MassWorks public infrastructure projects that spur economic development and help support job creation, $100 million for the Rural Development Fund to provide financial assistance for infrastructure and community planning efforts in rural communities, $100 million for local economic development grants for economic development in cities and towns, $90 million to support the redevelopment of underutilized, blighted, or abandoned buildings, and $10 million for the Broadband Incentive Fund for the capital maintenance of the MassBroadband 123 middle mile network.

In addition to infrastructure, the legislation recognizes the importance of local cultural and economic sites, providing $150 million for capital grants for public libraries, $50 million for the Cultural Facilities Fund, $40 million for Destination Development grants to support capital improvements of tourism assets, $15 million for a capital grant program to support the Commonwealth’s agriculture, commercial fishing, and cranberry growing industries, and $8 million for historical preservation grants through the Massachusetts Historical Commission.

Accelerating AI & Advanced Manufacturing Development

To position Massachusetts as a leader of the future economy, the bill includes provisions to further develop the rapidly growing AI industry as well as high-tech advanced manufacturing jobs. It contains $115 million for the Massachusetts Tech Hub to establish key industry consortia across the Commonwealth, $100 million for the Applied AI Hub program to facilitate the application of AI, $99 million for flexible grants to support advanced manufacturing initiatives, and $25 million for capital grants to advance research, commercialization, and training in robotics.

Retaining Talented College Graduates

Outmigration is notably prevalent among students who graduate from Massachusetts colleges. To keep them and their talent in the state, the legislation includes $85 million for the Massachusetts Education Financing Authority (MEFA) to improve access to affordable higher education opportunities.

Additional talent-retention provisions promote internships for students and recent graduates through the employer internship tax credit and allow foreign-licensed physicians to apply for a limited license to practice medicine in the Commonwealth with a pathway to a full unrestricted license. The program would enable their talents to be used to fill the state’s physician shortage.

Supporting Small Businesses

With nearly 50% of Massachusetts workers employed by companies with less than 500 employees, small businesses are a key part of the Commonwealth’s economy. The Senate’s legislation recognizes this, providing $25 million through MassVentures for small business technology grants to help early-stage companies commercialize new technologies, $35 million for grants to Community Development Financial Institutions (CDFIs) to help disadvantaged and underserved businesses, and $10 million for Biz-M-Power matching grants to small businesses with capital needs.

To assist small businesses in rural areas and areas impacted by pollution, the bill authorizes $3 million for grants to improve the readiness of sites for economic development projects and $30 million for the Brownfields Redevelopment Fund to support the remediation of land impacted by environmental contamination.

Everett Zoning Changes

The legislation would remove a parcel of land in Everett from its status as a designated port area, enabling a process to move forward that could create a public sports and entertainment venue. The change is anticipated to have significant positive environmental and economic impacts in the community surrounding the area.

During debate, the Senate adopted several amendments, notably:

An amendment to increase the age of juvenile jurisdiction to include 18-year-olds. The initiative, known as “Raise the Age”, is proven to decrease crime and improve public safety by allowing emerging adults who are 18 years old—the typical age of a senior in high school—to be tried as juveniles instead of adults for certain crimes.
An amendment to allow local communities to opt-in and allow bars and restaurants in the community to responsibly offer happy-hour drink discounts.
An amendment to admit Massachusetts in the national nurse licensure compact, helping to address the critical workforce challenge facing the health care sector.
An amendment enhancing local public health infrastructure and service delivery.
An amendment allowing local breweries and distilleries to sell their products alongside local wineries at farmers markets.
An amendment increasing opportunities for a more diverse public sector teaching force.
An amendment to provide consumers more rights to seek repair of their cell phones without having to seek service from the original manufacturer.

A previous version of this bill having passed the House of Representatives, the two branches will now reconcile the differences between the bills before sending it to the Governor’s desk.

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Senators Call on Financial Sponsors to Honor Commitments in Humanitarian Parole Program

July 1, 2024 Senator Michael Moore

(BOSTON 7/1/2024) — Last week, a bipartisan group of 11 Massachusetts State Senators, led by Second Worcester District Senator Michael Moore and Minority Leader Bruce Tarr, sent a letter to Governor Maura Healey and Housing and Livable Communities Secretary Edward Augustus Jr. calling for accountability for those who have made commitments to provide financial support for migrants but have not fulfilled that commitment. In order to qualify for the Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans (the “Humanitarian Parole Program”), applicants are required to obtain a financial sponsor within the United States who is able to provide financial support for their housing, basic necessities, paperwork, healthcare, and schooling. The letter requests that the Governor and Secretary gather statistical information about how many families currently being supported by the Commonwealth have a declared financial sponsor, and to then seek reimbursement for the public dollars that have been spent to support those individuals, which should have been covered by their financial sponsor.

The recent inflow of migrants into Massachusetts has presented financial and logistical challenges for the Commonwealth to support these individuals while their various claims for residency are evaluated by the federal government. In Fiscal Year 2024, Massachusetts is on track to spend over $1 billion on programs to house, feed, and support the nearly 7,500 families – about half of them migrants – within the Commonwealth’s emergency housing system, and lawmakers are seeking to budget nearly $900 million for the program in FY25.

The letter explains that while Massachusetts has gone above and beyond to accommodate the recent inflow of migrants, two groups may not be fulfilling their obligations – the United States Federal Government and individuals who have pledged to financially support migrants who were admitted to the country under the Humanitarian Parole Program. The letter, addressing the Governor and Secretary, states, “we appreciate the pressure you have placed on the federal government, and we continue to hope that Congress will act; however, we ask that you also seek to hold to account those who have legally committed themselves to provide financial support for these migrants.”

“In the absence of any action from the United States Government to support communities providing housing, food, and support to migrant families during the recent immigration crisis, Massachusetts taxpayers have been footing the bill. It is plainly unfair that taxpayers are supporting individuals who are here under a program that requires, under penalty of perjury, a specific person or organization commit to financially support them,” said Senator Michael Moore (D-Millbury). “We owe it to the hardworking residents of Massachusetts to evaluate whether we are paying to support individuals or families here under the Humanitarian Parole Program, and if we are, to seek reimbursement from the sponsors who have abandoned their financial responsibility. While we are a country and a Commonwealth that welcomes and celebrates immigration, we need to ensure that the cost of supporting these families does not threaten our financial stability, especially if others have made a legal commitment to do so.”

“Our immigration system needs to have integrity and that means transparency and accountability for commitments made for financial support,” said Senate Minority Leader Bruce Tarr (R-Gloucester). “Ensuring that the people who make those commitments follow through not only secures integrity, it also provides critical resources for a system this painfully overburdened”

On January 5th, 2023, the Biden Administration announced the Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans, an initiative designed to provide pathways for up to 30,000 nationals of the four nations each month to come to the United States for a period of two years to live and work lawfully. The program requires that eligible applicants pass a background check and declare a sponsor in the United States who will provide them financial support, so long as they have not attempted to enter the United States without authorization after the announcement of the program.

As part of the qualifications for the Humanitarian Parole Program, applicants are required to have a US-based financial sponsor submit a “Certification of Individual Agreeing to Financially Support the Beneficiary” form. This form certifies that, under penalty of perjury, the sponsor is willing and able to financially support the applicant’s needs, including:

Receiving the beneficiary upon arrival in the United States and transporting them to initial housing;
Ensuring that the beneficiary has safe and appropriate housing for the duration of their parole and initial basic necessities;
As appropriate, helping the beneficiary complete necessary paperwork such as for employment authorization, for a Social Security card, and for services for which they may be eligible;
Ensuring that the beneficiary’s health care and medical needs are met for the duration of the parole; and
As appropriate, assisting the beneficiary with accessing education, learning English, securing employment, and enrolling children in school.

The United States Citizenship and Immigration Services further requires the demonstration of financial capacity to support the applicant, which may include the submission of federal income tax filings, bank statements, W-2 forms, pay stubs, or any other proof of income. These documents will be independently verified by government officials before an application is approved under the Humanitarian Parole Program.

Under this context, the letter states, “considering the financial sponsor requirement and the specific commitments made by the financial sponsor as part of the certification, it is unclear why the Commonwealth may be covering some or all of the necessary expenses of these migrants instead in partnership with financial sponsors who – under penalty of perjury – have expressly certified that they are willing and able to provide that financial support.” It goes on to request that the Commonwealth, after gathering statistical information about the number of families and individuals in the Emergency Housing Assistance Program who have a financial sponsor, then seek reimbursement from financial sponsors for any funds spent by the government to support beneficiaries of the Humanitarian Parole Program that should have been covered. If the sponsor will not reimburse the Commonwealth, the letter asks that the Administration evaluate all legal options to recover those funds. Further, the letter requests an update on these evaluations and processes prior to the Legislature’s consideration of an expected FY25 supplemental budget related to the operation of the Emergency Housing Assistance Program.

The letter was signed by Senators Michael Moore, Bruce Tarr, Walter Timilty, Peter Durant, John Velis, John Cronin, Edward Kennedy, Michael Brady, Patrick O’Connor, Ryan Fattman, and Marc Pacheco. Further information on the Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans can be found online here.

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Senate Votes to Inject $5.4B into Housing, Put Affordable Homes Within Reach

June 28, 2024 Senator Michael Moore

(BOSTON 6/28/2024) — The Massachusetts Senate took action yesterday to address the state’s housing crisis. S.2834 – An Act relative to affordable homes, also known as the Affordable Homes Act, authorizes $5.4 billion in borrowing and makes crucial policy changes with the goal of building new housing, accelerating the rehabilitation of existing housing, reducing barriers to development, and promoting affordable housing. The legislation was passed unanimously.

During Senate debate, Senator Michael Moore secured a number of amendments to the Affordable Homes Act, including:

Securing the right to a home inspection – this amendment directs the Executive Office of Housing and Livable Communities to implement a regulation that secures a buyer’s right to have an inspection done on a property before finalizing the purchase of a home. While this provision does not require a buyer to have a home inspection done, it bans the conditioning of a sale on waiving or limiting the buyer’s right to inspect the home.
Creating the Crumbling Concrete Assistance Fund – a bipartisan effort between Senators Michael Moore, Peter Durant, and Ryan Fattman, this amendment creates a program that, if funded, can provide financial assistance to homeowners for the repair or replacement of concrete foundations that have deteriorated due to the presence of pyrite or pyrrhotite. It also creates a Working Group to make regulatory and legislative changes to address property deterioration due to the presence of the minerals.
Creating the Interbasin Transfer Review Commission – the Interbasin Transfer Act, passed in 1984, requires the Massachusetts Water Resources Commission conduct a lengthy review process if a town or city wants to make any arrangement that transfers water or wastewater outside of its river basin of origin, such as connect to the Massachusetts Water Resources Authority. This stifles the growth of housing, the remediation of PFAS water contamination, and more. The Interbasin Transfer Review Commission will study whether the law is meeting its original goal.
Allocates bonds for infrastructure upgrades supporting housing development – these amendments provide earmarks for sewer, septic, water, storm water management, roads, sidewalks, traffic controls, and public safety infrastructure upgrades that support housing development, preservation, or rehabilitation. $7 million was allocated for towns and cities in the Second Worcester District, including:
- Auburn – $1 million
- Grafton – $1 million
- Millbury – $1 million
- Shrewsbury – $1 million
- Westborough – $1 million
- Worcester – $2 million

The legislation makes important investments in public housing; housing affordability; sustainable building initiatives; initiatives for first-time homebuyers; essential infrastructure; geographic equity; and incentivizing local best practices. Additionally, the bill includes policy proposals to further housing equity for both homeowners and renters. The bill contains $5.4 billion in bond authorizations, including:

Creating and Repairing Public Housing

The Senate Affordable Homes Act provides $2.2 billion for repairs, rehabilitation, and renovation across the 43,000 units of state-aided public housing. This significant investment ensures that the state's public housing infrastructure remains safe, modern, and sustainable, so it can continue providing quality living conditions for thousands of families.

To ensure that the Commonwealth makes strides towards its climate goals as it creates housing, $150 million of the funding for public housing is specifically allocated to making energy efficient upgrades.

Spurring Affordable Housing Units

A further $425 million will go to the Housing Stabilization and Investment Trust fund, working with municipalities, non-profits, and developers to support housing preservation, new construction, and rehabilitation projects for affordable rental units. This will help the longevity and sustainability of affordable housing stock, addressing both immediate needs and long-term housing solutions.

It additionally adds $800 million into the Affordable Housing Trust Fund to create and preserve housing for households with an income at or below 110 per cent of area median income, helping to bridge the gap between the high cost of housing and what many families can afford.

Building Sustainably

This bond bill includes $275 million for innovative, sustainable, and green housing initiatives. By finding new ways to build that don’t have such a detrimental environmental impact, these initiatives will help pave the way for a greener housing portfolio in Massachusetts and will be an important part of the state’s response to the climate crisis.

Supporting First-Time Homebuyers in Gateway Cities

The Senate Affordable Homes Act authorizes $200 million for the CommonWealth Builder program to further the production of housing in gateway cities for first-time homebuyers. This initiative supports economic development in these cities, helping families achieve homeownership and contributing to the revitalization of urban areas.

The legislation also includes $50 million for MassDreams, a program that provides downpayment and closing cost grants to first-time homebuyers who meet the program's eligibility criteria and who currently live in one of the 29 communities that were disproportionately impacted by the COVID-19 pandemic.

Maintaining Essential Infrastructure

The bill provides $375 million for HousingWorks, a program that awards grants to municipalities and other public entities for a variety of infrastructure-related support. Improving essential infrastructure supports the health and safety of residents and the feasibility of new housing projects.

Of this amount, $100 million will be dedicated to addressing water, sewer, and septic challenges tied to housing developments, and $100 million will help incentivize best practices in communities that have adopted the Community Preservation Act (CPA) and are spending a high percentage of those funds on housing, as well as MBTA communities that are going beyond the minimum requirements set forth in the MBTA zoning law passed in 2021. Communities that have been proactive in creating transit-oriented development, which reduces traffic congestion and promotes sustainable urban growth, will be eligible.

Addressing Regional Equity

The legislation includes $150 million in dedicated funds to address the unique housing needs of rural towns, seasonal communities, and mid-sized communities. This ensures that all areas of the state, regardless of size or location, have the resources to meet their specific housing challenges.

The Senate’s Affordable Homes Act also contains multiple policy proposals to go hand in hand with the new authorizations.

Protecting Tenants from Broker Fees

By requiring that real estate brokers’ fees be paid solely by the party that contracted with them, this legislation ensures that renters are not burdened with unexpected and extraordinary costs. It also promotes transparency and fairness in real estate transactions.

Establishing Equity-Focused Housing Offices

The Office of Fair Housing and the Office of Livable Communities and Community Services will be established under the Executive Office of Housing and Livable Communities. These offices will set the Commonwealth on a path to address many decades of housing discrimination by prioritizing equity issues in housing across the Commonwealth, ensuring equal access to housing opportunities for all residents, and offering technical assistance to cities and towns that can sometimes lack dedicated housing staff.

Eviction Record Sealing

The bill introduces a process for tenants to seal their eviction records in cases of no-fault evictions and other limited scenarios. This policy protects vulnerable tenants from the long-term stigma of eviction records, enhancing their ability to secure future housing and promoting housing stability.

Accessory Dwelling Units (ADUs)

The legislation prohibits the banning or unreasonable restriction of ADUs in single-family residential zones, promoting flexible housing options. This policy enables homeowners to create additional living spaces, increases housing supply and provides more affordable rental options within established neighborhoods.

Homeownership Tax Credit

This new tax credit will be available for the production of homeownership units for households that make up to 120 per cent of the area median income, incentivizing housing production and promoting homeownership opportunities.

Separate versions having passed the Senate and the House of Representatives, the bill will now be sent to a conference committee where differences will be reconciled before it can be sent to Governor Healey’s desk.

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Senate Acts Supercharge Clean Energy Adoption Statewide

June 27, 2024 Senator Michael Moore

(BOSTON 6/27/2024) — On Tuesday, the Massachusetts Senate passed comprehensive climate legislation to make systemic changes to the state’s clean energy infrastructure that will help the state achieve its net zero emissions by 2050 goals, expand electric vehicle (EV) use and infrastructure, and protect residents and ratepayers. The bill passed the upper chamber by a vote of 38-2.

S.2829 – An Act upgrading the grid and protecting ratepayers will allow Massachusetts to develop infrastructure essential for the fight against climate change, including new solar, wind, and storage facilities. It will also enhance the electric grid to support getting clean energy to residents efficiently and in the needed capacities to power homes, businesses, and vehicles. Enhancements to the clean energy grid will be further paired with measures to keep costs down for ratepayers across the state.

The bill includes language that allows investor-owned utilities to purchase energy contracts lasting longer than six months, the current standard in Massachusetts, allowing utilities to lock in better energy rates for longer periods of time. This comes after Senator Michael Moore introduced a bill related to the matter earlier this session.

During Senate debate, legislators voted to adopt an amendment introduced by Senator Moore aimed at establishing achievable emissions goals for medium- and heavy-duty trucks. Amendment 23 directs the Electric Vehicle Coordinating Council (EVCC) to re-evaluate plans that direct truck dealers to sell a certain percentage of electric vehicle trucks as of January 1st, 2025 – a goal that is unrealistic considering that the Class 7 and 8 electric trucks currently on the market do not achieve performance levels competitive with fossil fuel-powered trucks, nor does the infrastructure needed to support them reliably exist.

“The climate crisis is real, and it affects everyone. I’m thrilled that Massachusetts is doing what it can to not just reduce the strain we’re putting on our environment, but to contribute toward statewide and nationwide solutions,” said Senator Michael Moore (D-Millbury). “This legislation will get us closer to a cleaner, more sustainable world while protecting consumers from unaffordable rate hikes – not to mention creating thousands of jobs in the process. I’m hopeful that we will get this bill to Governor Healey’s desk, and I look forward to further extending our commitment to sustainability in the coming years.”

The comprehensive climate legislation modernizes laws related to cost control for ratepayers; siting and permitting; decarbonization; electric transportation incentives; clean tech innovation; emissions reduction in state operations; and natural gas infrastructure.

Protecting Ratepayers from High Costs

To save residents’ money and protect residents from unfair and deceptive practices, the bill would ban competitive energy suppliers from enrolling new individual residential customers. According to the Attorney General’s Office and the Department of Public Utilities (DPU), data analyses show that consumers lost more than $577 million to competitive electric suppliers between July 2015 and June 2023. The Senate previously adopted this policy in April.

Consumers will see relief in a number of other ways as well. The bill would lower utility rates for consumers with low- and middle-incomes by directing utility providers to offer lower rates to eligible consumers. Utility companies would also gain more flexibility to negotiate the lengths of basic service contracts with electricity providers. By negotiating longer-term contracts, residents are less likely to see cost spikes.

Partnering with Communities to Expedite Siting and Permitting

The siting and permitting provisions, modeled on the work of a commission of diverse stakeholders established by the Healey-Driscoll administration, will consolidate the review of clean energy siting and permitting and expedite the timeline of projects. Large projects that require state, regional, and local permits will be consolidated into a single permit that must be decided upon in 15 months. Small projects with multiple local permits will also be consolidated into a single permit and must be decided upon in one year.

Robust community review processes will be paired with new permitting. The legislation formally establishes the Office of Environmental Justice and Equity (EJE), the Office of Public Participation at the Energy Facilities Siting Board (EFSB), and the Division of Siting and Permitting at the Department of Energy Resources (DSPDER). Each office would be charged with engaging with communities and applicants in their respective areas to ensure a thorough and community-centered review.

To protect ratepayers from bearing the cost of new construction, the state will require the EFSB to first consider enhancing current technologies before looking to new construction. An online clean energy infrastructure dashboard would also be created to promote public accountability in real time.

Making EVs Accessible and Expanding Infrastructure

Gas-powered vehicles are one of the highest emitters of carbon, and incentivizing EV usage is critical to achieving net zero emissions by 2050.

The legislation would expand the state’s MOR-EV program through 2027, which gives residents $3,500-$6,000 for the purchase of new or used electric vehicles. It would allow residents who own parcels within condominiums, homeowner associations, and historic districts to install EV chargers, and authorize condo boards to install EV chargers on community parcels.

It will bring coordination to EV infrastructure expansion, by centralizing the deployment of resources with the Electric Vehicle Infrastructure Coordinating Council (EVICC), and directing DPU to make it easier to install pole-mounted chargers that often are used in parking spots and on streets.

The bill would also make it easier for cities and towns to procure electric school buses and EV charging equipment for their municipalities.

Decarbonizing Buildings

An Act Upgrading the Grid and Protecting Ratepayers makes it easier to decarbonize buildings across the state, a major source of greenhouse gas emissions. It would authorize condo association boards to install energy efficiency devices and EV chargers in common areas and make heat pumps more efficient by allowing installers to use the most up-to-date refrigerants.

Leading the Way on Clean Technology and Innovation

Already leaders in clean technology, the state's innovators will receive even more support from this legislation to make sure that the next generation of technology is built in Massachusetts.

The legislation would boost the Massachusetts Clean Energy Center (MassCEC) by expanding their mission to include carbon removal, embodied carbon reduction, and nuclear power. MassCEC would also be directed to promote carbon removal and embodied carbon activities, and study opportunities for future carbon removal.

Leading by Example

The Commonwealth will take an in-depth look at its own operational climate impact under this legislation.

It would revise Massport’s enabling statute to prioritize reductions in greenhouse gas emissions alongside the promotion of commerce and growth. It would direct the Division of Capital Asset Management and Maintenance (DCAMM) to evaluate the energy efficiency and greenhouse gas emissions of state buildings, as well as seek options for reducing future emissions. The mission of the Board of Building Regulations and Standards would also be expanded to include the pursuit of reductions in greenhouse gas emissions.

Curbing Over-reliance on Natural Gas

Ensuring the electrical grid is on an equal playing field as the natural gas system is crucial to reducing dependency on fossil fuels and reaching the state’s net zero carbon emissions goals.

The bill reins in a statutory provision that for decades has given gas companies a preferential ratemaking advantage over providers of other heating sources.

Under An Act Upgrading the Grid and Protecting Ratepayers, the DPU will be directed to consider greenhouse gas impacts when it weighs a petition by a gas company to expand its territory. Gas companies will be allowed to pursue geothermal projects and networked heat pump systems, new opportunities that are undergoing successful testing in communities in Framingham and Lowell.

As the gas system needs continued upgrades, the legislation will shift the system from automatically replacing leak-prone pipes, to instead considering more targeted repairs, or decommissioning the line altogether if a more climate friendly alternative exists. Payments for new gas lines are often financed over 30 years, beyond the 2050 goal of reducing fossil fuels. By repairing or decommissioning pipes instead of replacing them, costs shifted to ratepayers are reduced, and the clean energy transition is accelerated.

During debate, the Senate voted to adopt an amendment modernizing the ‘bottle bill’, adding noncarbonated beverages, wine, and spirits to the list of containers eligible for a bottle deposit, and increasing the deposit amount from 5 cents to 10 cents.

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

Statements of Support:

“I applaud the Senate for passing a climate bill that includes big wins for consumers and our communities, marking a significant step toward an equitable transition to clean energy,” said Attorney General Andrea Joy Campbell. “Today's legislation proposes a new intervenor compensation program that will give communities the resources they need to help shape our clean energy future. I am also grateful that the Senate included provisions that would ban the predatory competitive electric supply industry and wind down the costly Gas System Enhancement Plan program.”

“Mass Audubon is proud that our legislative climate and energy leaders and the Healey Administration have delivered an omnibus climate bill which reflects so many of the recommendations of the Commission on Clean Energy Infrastructure Siting and Permitting,” said Michelle Manion, Vice President of Policy and Advocacy at Mass Audubon. “An Act Upgrading the Grid and Protecting Ratepayers will accelerate clean energy while also recognizing the importance of nature – our forests, wetlands, and farms – in the climate fight, and that our towns and cities are essential partners in delivering on the solution set. This bill is the Commonwealth’s next best step in addressing the climate crisis.”

“The Nature Conservancy is thrilled with the Senate's passage of a robust and impactful bill to address the causes and impacts of climate change,” said Steve Long, Director of Policy and Partnerships at The Nature Conservancy in Massachusetts. “We are especially pleased with the strong support for reforms recommended by the Commission on Energy Infrastructure and Siting and Permitting, on which we served, to accelerate the deployment of clean energy infrastructure while avoiding impacts on nature and people. Massachusetts again leads the nation on rapidly advancing the decarbonization of energy with requiring earlier analysis of site suitability, engagement with residents, and avoiding and mitigating impacts. This integrated approach will provide a collaborative process to inform the siting and design of energy infrastructure and lead to more consensus and fewer conflicts for a more equitable and efficient process.”

“ELM commends the Massachusetts Senate for their ongoing commitment to meeting our climate and conservation challenges with strong legislation aimed at deploying renewable energy, protecting nature, and reducing polluting waste,” said David Melly, Legislative Director for the Environmental League of Massachusetts. “The net-zero transition represents a watershed opportunity to improve the way we engage with communities, protect valuable land and water, and address disproportionate burdens when we site, permit, and plan infrastructure. And comprehensive action on waste reduction will both support our climate goals and reduce damage to the very same natural resources we’re working to protect.”

“Updating the bottle bill is a win/win/win proposal,” said Janet Domenitz, Executive Director of MASSPIRG. “Putting a deposit on water bottles, sports drinks and more will reduce waste, improve recycling, and save cities and towns money in trash and litter pick up. The nickel deposit, set in 1982, would be 16c today if we tracked inflation--this bill gets it to a dime, long overdue.”

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Senate Acts to Ban Plastic Bags, Reduce Plasticware Usage, Boost Recycling and Compost

June 24, 2024 Senator Michael Moore

(BOSTON 6/24/2024) — Last week, the Massachusetts Senate passed legislation that builds on the state’s climate and environmental leadership by banning single-use plastic bags, making straws and plasticware available by request only, and making it easier to recycle. The legislation passed by a vote of 38-2.

S.2830, An Act to reduce plastic would drastically reduce plastic waste that is often found in streets and waterways – and that fills landfills and disposal sites – ultimately harming the environment in Massachusetts communities and contributing to global climate change. Plastics are primarily made using fossil fuels.

“Living our lives in a way that is healthier for our communities and more sustainable for our planet is crucial to reaching the ambitious climate goals we have set for ourselves,” said Senator Michael Moore (D-Millbury). “This legislation will reduce the amount of single-use plastic waste in our landfills, forests, and waterways while bolstering our recycling and composting capabilities. I’m excited about much of the action we’re taking in this bill, and I look forward to continuing the Legislature’s work of protecting the environment while meeting the needs of everyday Bay Staters.”

The legislation will prohibit carry-out plastic bags at retail stores statewide and require stores to charge 10 cents for recycled paper bags, five cents of which will be allocated to environmental protection measures. The bill provides a limited exemption from the requirement to collect 10 cents for small local retailers. As of May 2023, 162 Massachusetts cities and towns, making up nearly 70 per cent of the state’s population, already regulated single-use plastic bags.

The bill will also prevent plastic utensils and straws from automatically being given to consumers and prohibit single-use plastic bottle purchases by state agencies. Further, it increases statewide bulk plastic recycling by creating a statewide program for the recycling of large plastic objects, such as car seats.

In an effort to reduce the $10 million annually in avoidable costs directly caused by the flushing of non-flushable wipes, the bill will require non-flushable wipes to be clearly labeled with “Do Not Flush” warnings to prevent disruptions to the Commonwealth’s sewer system.

The legislation also asks Massachusetts to lead by example, eliminating the purchasing of plastic bottles by state agencies, and codifying the Healey-Driscoll Administration’s 2023 Executive Order on single-use plastic bottles.

The bill would boost composting, the natural recycling of organic food scraps and materials, by directing the Department of Environmental Protection (DEP) to submit a report on the Commonwealth’s progress toward expanding access to composting. It also establishes a new commission to make recommendations on ways in which the state can encourage or require businesses to support recycling of efforts for the products that they produce.

It is the second time the Massachusetts Senate has taken action to prohibit single-use plastic bags in the Commonwealth.

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

STATEMENTS OF SUPPORT

“It is past time for Massachusetts to shut off the plastic tap to protect human health and the climate,” said Kirstie Pecci, Executive Director of Just Zero. “Plastic grocery bags and other filmy and small plastic items are not going to get recycled – they just contaminate valuable recyclable materials. This bill would move Massachusetts businesses and residents to adopt reusables like cloth grocery bags, reusable food ware, and refillable glass bottles, and is long overdue.”

“Reducing plastics is an environment issue, a public health issue, and a climate issue,” said Sam Anderson, Director of Legislative and Government Affairs at Mass Audubon. “I congratulate the many communities across the state that have taken the bold step to ban or regulate plastic waste on the local level, but taking this initiative statewide will have even greater impact. Kudos to the Senate for making sure the standard set by these towns is the new baseline necessary to ensure a sustainable and healthy future.”

“Nothing we use for just a few minutes should pollute the environment for decades,” said Janet Domenitz, Executive Director of MASSPIRG. “Getting rid of single use plastic bags, food ware and more will reduce plastic waste, cut down on litter and make a cleaner, greener future for everyone.”

“We would like to thank Senator Rausch, Senate President Spilka and all the legislators who have brought us to this historic point in the fight against plastic pollution in the Commonwealth,” Clint Richmond, Conservation Chair of the Massachusetts Sierra Club. “Massachusetts now has the opportunity to join with the many states that have passed laws to address the plastic problem. We look forward to working with the legislature to get the bill delivered to the Governor.”

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Inspector General Urges Legislature to Place CCC into Receivership, Restructure Agency

June 18, 2024 Senator Michael Moore

(BOSTON 6/18/2024) — Massachusetts Inspector General Jeffery Shapiro today issued a letter urging that the Legislature take immediate action to appoint a receiver to assume day-to-day management of the beleaguered Cannabis Control Commission (CCC) until broader legislative action can be taken to reform the agency’s governance structure. The letter comes after a limited review conducted by the Office of the Inspector General (OIG) found the CCC lacked a clear leadership hierarchy with well-defined responsibilities and duties.

“For the past two years, CCC’s staff, including its commissioners, have spent considerable time and money seeking to clarify roles and responsibilities. As of the date of this letter, it does not appear the CCC, on its own, is any closer to resolving these issues,” the letter states. Inspector General Shapiro goes on to say that a public agency responsible for collecting $322 million in revenue in FY23 must operate better.

“Perpetual scandal, mismanagement, and staffing issues have plagued the Cannabis Control Commission since day one. Seven years later, the CCC remains a black eye on the legal cannabis industry in Massachusetts,” said Senator Michael Moore (D-Millbury). “For years I have been calling for action to bring more transparency and accountability to the CCC because I believe cannabis consumers, business owners and employees, and everyday taxpayers deserve better. While Inspector General Shapiro’s initial review findings are damning of the CCC’s current leadership, they do not surprise me. I hope that the Massachusetts Legislature will heed the Inspector General’s call to action and appoint a receiver to begin plugging the holes at this agency while lawmakers evaluate how we can reform the CCC to work better for everyone.”

“The Cannabis Control Commission is a rudderless agency without a clear indication of who is responsible for running its day-to-day operations. Today I am asking legislative leaders to take immediate action to appoint a receiver and, in short order, address the underlying issues in the enabling statute so that the agency can function properly, maintain its budgeted revenue stream, and provide clarity and certainty for its stakeholders,” Inspector General Jeffery Shapiro said. “For two years, the Commission has spent considerable time and money with a consultant drafting a governance charter to clarify roles and responsibilities. They are no closer to resolving these issues as I write this, therefore, immediate action must be taken to prevent the further waste and uncertainty.”

In recent years, the Cannabis Control Commission has been the subject of dozens of news reports for allegations including long wait times for legal permits, inaccurately labeled and unsafe product being sold, the inadvertent release of personal information of every cannabis industry employee in the state, a toxic work environment, and numerous suspensions, resignations, and leadership shakeups, amongst other issues. The CCC has spent almost $200,000 on mediation to resolve leadership disputes over the past three years with no work product to show for it and, with two weeks left in the fiscal year, approximately $192,000 on outside legal counsel during FY24 amongst three separate law firms, up over a $100k from last fiscal year.

While it has been facing personnel issues and leadership turmoil, the CCC has been slow rolling desperately needed regulatory reform and policy changes. Social cannabis consumption sites, approved by Massachusetts voters as part of the original ballot initiative legalizing recreational cannabis, are still waiting on a regulatory framework by the CCC nearly ten years later. Changes to cannabis delivery service policy allowing delivery drivers to travel alone – a policy change strongly advocated for by minority-owned dispensary owners – have yet to be implemented six months after being approved by the commission. Other policy changes including to the Social Equity Program and to the Cannabis Social Equity Trust Fund also remain in flux. The agency’s General Counsel was recently ordered to begin drafting these changes, but it was later announced that the Counsel is departing from the CCC.

Inspector General Shapiro’s letter points to the CCC’s disfunction as a result of a “unclear and self-contradictory” enabling statute. “For instance, the statute says the chair has ‘supervision and control over all the affairs of the commission,’ while the executive director is the ‘executive and administrative head of the commission.’ These descriptions, in the absence of better defined authority and responsibilities, have empowered individuals in leadership roles to assert competing visions of the chair’s, executive director’s, and commissioners’ roles,” the letter states.

In its closing section, the Office of the Inspector General calls for urgency in bringing reform to the CCC. In the short term, the letter endorses the appointment by the Legislature of a receiver with the authority to manage the day-to-day operations of the agency before the end of the 2023-24 legislative session on July 31st. Long term, Inspector General Shapiro urges the Legislature to revise the overall governance structure of the CCC as he believes that the commission’s structure is “not suitable” for operating an agency overseeing the legal cannabis industry in Massachusetts.

Previously, Senator Moore introduced a bill that would ensure the quality, efficiency, and integrity of the CCC’s operational and regulatory functions through the establishment of an Inspector General Special Audit Unit. The unit would exist within, but will not be subject to the control of the CCC, and mirrors special audit units within the State Police and the Department of Transportation.

Inspector General Jeffery Shapiro’s full letter can be found online here.

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