The Secretary of the Commonwealth, William Francis Galvin

Transcription

Issue: 1278, Date: January 16, 2015
The
Massachusetts
Register
Published by:
The Secretary of the Commonwealth,
William Francis Galvin, Secretary
$15.00
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.
Issue: 1278 Date: 1/16/15
THE COMMONWEALTH OF MASSACHUSETTS
Secretary of the Commonwealth - William Francis Galvin
The Massachusetts Register
TABLE OF CONTENTS
Page
THE GENERAL COURT
Acts and Resolves
1
DIVISION OF MARINE FISHERIES
Director’s Declaration of Northern Shrimp Specification
33
ADMINISTRATIVE PROCEDURES
Notices of Public Review of Prospective Regulations
Cumulative Table
Notice of Expiration of Emergency Regulation
Emergency Regulations
Permanent Regulations
Future Effective Date Regulations
35
67
73
83
-
MASSACHUSETTS REGISTER (THE) (ISSN-08963681) is published biweekly for $300.00 per year by the
Secretary of the Commonwealth, State House, Boston, MA 02133. Second Class postage is paid at Boston, MA.
POSTMASTER: Send address change to: Massachusetts Register, State Bookstore, Room 116, State House, Boston,
MA 02133.
Page
Notice of Expiration of Emergency Regulation
There are no Notices of Expiration in this Massachusetts Register.
-
Emergency Regulations
101 CMR
206.00
Executive Office for Health and Human Services
Standard Payments to Nursing Facilities
73
Governs the payments for services to publicly aided and Industrial
Accident residents by nursing facilities (NFs), including residents in a
residential care unit of a NF.
306.00
103 CMR
483.00
Rates of Payment for Mental Health Services - Refile
75
Department of Correction
Visiting Procedures
77
Clarifies the reasonable suspicion requirements prior to asking a visitor to
a state correctional facility to submit to a strip search, which search will
not occur absent visitor consent.
114 CMR
114.3
6.00
130 CMR
429.000
Division of Health Care Finance and Policy
Rates of Payment for Mental Health Services Provided in
Community Health Centers and Mental Health Centers - Refile
79
Division of Medical Assistance
Mental Health Center Services - Refile
81
Permanent Regulations
211 CMR
121.00
Division of Insurance
Procedures Concerning Rate Filings Made Pursuant to M.G.L. c. 176k,
and the Conduct of Hearings on Such Filings
83
Sets out procedures for making rate filings for Medicare Supplement
Insurance policies and for hearings on the filings. Makes the regulation
easier to use by removing wordiness, excessively detailed provisions,
potentially confusing provisions, and by generally streamlining the
regulation.
Page
225 CMR
19.00
Department of Energy Resources
Energy Management Services (EMS) Contracts Requests for
Qualifications Process
85
Provides a process for local governmental bodies to procure energy
efficiency improvements for buildings and facilities, thereby saving them
time and money in the procurement process and money in energy and water
savings, once energy and water efficiency improvements are installed. It
is being adopted as directed by M.G.L. c. 25A, § 11I(i), which requires, in
relevant part, that the agency "...shall adopt regulations for the
procurement of energy management services under [M.G.L. c. 25A, § 11I]
for local government bodies.”
301 CMR
41.00
Executive Office of Energy and Environmental Affairs
Toxic or Hazardous Substance List
87
Defines the list of reportable chemicals and their reporting threshold.
Reflects changes to the list of reportable substances, consistent with
decisions/actions taken by the Administrative Council on Toxics Use
Reduction in calendar year 2014. Companies that use large quantities of
toxic or hazardous chemicals annually report the use of these chemicals to
MassDEP.
310 CMR
30.000
Department of Environmental Protection
Hazardous Waste
89
Changes the underground storage tank provisions of the hazardous waste
regulations at 310 CMR 30.000 to coincide with the new underground
storage tank regulations at 310 CMR 80.00.
70.00
Environmental Results Program Certification
91
Changes the environmental results program certification regulations at
310 CMR 70.00 to coincide with the new underground storage tank
regulations at 310 CMR 80.00.
454 CMR
25.00
Department of Labor Standards
Occupational Safety and Health for State Workers
93
Ensures that all Commonwealth employees are provided with a safe and
healthful work environment free from recognized hazards that may cause
serious injury, physical harm or death. Applies to state employers,
employees, and agencies as described in M.G.L. c. 149, § 6½. Describes
the applicable provisions of the federal Occupational Safety and Health
Act, and sets out the authority for inspection and enforcement.
Page
27.00
Minimum Wage
95
Clarifies practices and policies in the administration and enforcement of
the Minimum Fair Wages Act. The Minimum Wage Regulation has not been
amended since April 25, 2003. Changes in the case law and other statutes
necessitate amendments to the regulation. Provides needed clarification
for employers and employees regarding overtime, deductions from wages,
minimum wage waivers, travel, and record-keeping.
455 CMR
2.00
Division of Occupational Safety
Minimum Wage
97
Repeals regulation in conjunction with promulgation under new number,
454 CMR 27.00
502 CMR
5.00
Office of the State Fire Marshall
Permit and Inspection Requirements of Aboveground Storage Tanks
of More than Ten Thousand Gallons Capacity
99
Provides uniform requirements and procedures for the construction,
maintenance and use of aboveground storage tanks and related permit,
inspection and record keeping requirements.
540 CMR
2.00
Registry of Motor Vehicles
Motor Vehicle Regulations
101
Establishes standards and requirements for the registration of motor
vehicles. Sets requirements for vehicles and drivers who are used by
Transportation Network Companies (TNCs). Defines TNC; allows TNC
vehicles to display passenger plates; requires the Department of Public
Utilities (DPU) to regulate TNCs; requires TNCs to obtain a certificate
from the DPU in order to do business in Massachusetts; requires TNCs and
their drivers to carry appropriate liability insurance; sets standards for
TNC drivers and requires TNCs to perform background checks on their
drivers.
801 CMR
4.00
Executive Office for Administration and Finance
Rates
103
Lists various charges and fees DCR may impose for a variety of licenses,
permits, and services the agency administers and/or provides. Fees for
camping, parking, ice rink rentals, permits, and certain special services
and facilities will be increased. Additionally, new fees will be added for
commercial docking at piers and docks; cross-country skiing; certain types
of permits and merchandise sold at park stores.
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
1
H 3841
Relative to Special Elections.
2
H 3510
Relative to Insurance Proceeds for Injured Police and Fire
Personnel in the Town of Northborough.
1/16/2014
3
H 3486
Relative to the Town Manager in the Town of Cohasset.
1/16/2014
4
H 3545
Relative to the Charter of the Town of Townsend.
1/16/2014
5
H 3531
Authorizing the Town of Lincoln to Grant a License for the Sale
of Wines and Malt Beverages to be Drunk on the Premises.
1/16/2014
6
H 3850
Relative to the Special City Election in the City of Beverly.
1/17/2014
7
S 1973
Establishing a Sick Leave Bank for Denise MacKinnon, an
Employee of the Department of Public Health.
1/23/2014
8
S 1863
Establishing a Sick Leave Bank for Tina Giangregorio, an
Employee of the Highway Division of the Massachusetts
Department of Transportation.
1/23/2014
9
H 3833
Amending the Special Legislation Establishing the Acton
Community Housing Corporation.
1/23/2014
10
H 3445
Exempting Certain Real Property Owned by Certain Veterans
Organizations in the City of Gardner from Taxation.
1/23/2014
11
H 2869
Authorizing the Commissioner of Capital Asset Management and
Maintenance to Convey Certain Land to the Town of Belmont for
Recreation, Public Works or Other Municipal Purposes.
1/23/2014
12
H 3787
Relative to Membership in the Governor's Highway Safety
Committee.
1/23/2014
13
H 3541
Relative to Portable Electronics Insurance.
1/23/2014
14
H 3866
Authorizing the Town of Wellesley to Place a Question on the
Town Election Ballot Authorizing the Town to Grant 6 Licenses
for the Sale of Wines and Malt Beverages not to be Drunk on the
Premises.
1/28/2014
15
H 3780
Authorizing the Town of Belmont to Grant Licenses for the Sale
of Wines and Malt Beverages to be Drunk on the Premises.
1/30/2014
16
H 3656
Authorizing the Town of Belmont to Grant Licenses for the Sale
of Alcoholic Beverages not to be Drunk on the Premises.
1/30/2014
17
H 3657
Establishing the Position of Town Administrator in the Town of
Belmont.
1/30/2014
1/9/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
18
H 2226
Exempting David Eddy from the Maximum Age Requirement for
Firefighters in the City of Methuen.
1/30/2014
19
S 1909
Authorizing the Board of Assessors of the Town of Newbury to
Grant an Abatement of Real Estate Taxes to Certain Plum Island
Homeowners for Fiscal Year 2013.
1/30/2014
20
H 3618
Relative to Water Service in the Town of Somerset.
1/30/2014
21
S 1960
Establishing a Sick Leave Bank for Katrina Aliengena, an
Employee of the Department of Developmental Services.
2/3/2014
22
S 1884
Amending the Charter of the Town of Sandwich.
2/3/2014
23
H 3471
Authorizing the Town of Westborough to Grant an Additional
License for the Sale of All Alcoholic Beverages to be Drunk on
the Premises.
2/6/2014
24
H 3781
Establishing a Sick Leave Bank for Joseph W. Teta, an
Employee of the Trial Court.
2/6/2014
25
S 1983
Establishing a Sick Leave Bank for Maria A. Decoste, an
Employee of the Office of Medicaid.
2/6/2014
26
H 3897
Relative to the Special Election for Representative in the General
Court of the Fifth Suffolk District.
2/10/2014
27
H 3483
Authorizing the Town of Andover to Exchange Certain Parcels of
Land.
2/12/2014
28
S 1971
Establishing the Childhood Vaccine Program.
2/12/2014
29
H 2845
Relative to the Conveyance of an Easement in the City of
Northampton.
2/12/2014
30
H 3622
Authorizing the Town of Orleans to Grant an Additional License
for the Sale of All Alcoholic Beverages not to be Drunk on the
Premises.
2/12/2014
31
S 1984
Establishing a Sick Leave Bank for Debra Saverse, an Employee
of the Department of Revenue.
2/13/2014
32
H 3829
Authorizing the Town of Needham to Place a Question on the
Ballot Authorizing the Town to Grant Certain Licenses for the
Sale of All Alcoholic Beverages to be Drunk on the Premises.
2/20/2014
33
H 3583
Reducing the Sewer Betterment Interest Rate on Repayments in
the Town of Easton.
2/20/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
34
H 2844
Authorizing the Conveyance or Lease of a Parcel of Land in the
City of Northampton for Park, Recreation or Open Space
Purposes.
2/20/2014
35
H 3627
Authorizing the Town of Ashland to Establish an Enterprise Fund.
2/21/2014
36
H 3830
Establishing a Sick Leave Bank for Carol L. Clark, an Employee
of the Department of Developmental Services.
2/21/2014
37
H 3831
Authorizing the City of Salem to Convert 1 Seasonal License to
an Annual License for the Sale of Wines and Malt Beverages to
be Drunk on the Premises.
2/21/2014
38
S 1993
Further Limiting the Liability of Persons Rendering Certain
Emergency Medical Care.
2/21/2014
39
H 3880
Relative to the Terms of Certain Bonds to be Issued by the
Commonwealth.
3/4/2014
40
S 2000
Establishing a Sick Leave Bank for Richard Maynard, an
3/4/2014
41
S 1851
Authorizing the City of Fall River to use Certain Park Land for
Combined Sewer Overflow Control.
3/4/2014
42
S 1919
Relative to Newborn Pulse Oximetry Screenings for Congenital
Heart Defects.
3/6/2014
43
H 3934
Relative to Unlawful Sexual Surveillance.
3/7/2014
44
S 1794
Authorizing the Town of Arlington to Establish a Special Account
for the Purchase, Installation and Maintenance of Public Works
of Art.
3/11/2014
45
H 45
Establishing a Sick Leave Bank for Margaret C. Henderson, an
Employee of the Executive Office of Health and Human Services.
3/11/2014
46
H 3518
Relative to the Membership of the Conservation Commission in
the Town of Dedham.
3/14/2014
47
H 3818
Relative to the Parks and Recreation Commission in the Town of
Hardwick.
3/14/2014
48
H 3736
Encouraging the Improvement, Expansion and Development of
Military Installations in the Commonwealth.
3/14/2014
49
S 1939
Regulating Sewer Betterment Assessments in the Town of
Falmouth.
3/14/2014
50
H 3834
Eliminating the Board of Public Works in the Town of Acushnet.
3/14/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
51
S 1998
Establishing a Sick Leave Bank for Angela Furey, an Employee
of the Trial Court.
3/14/2014
52
H 3947
Making Appropriations for the Fiscal Year 2014 to Provide for
Supplementing Certain Existing Appropriations and for Certain
Other Activities and Projects.
3/17/2014
53
H 3955
Relative to the Charter of the Town of Dedham.
3/19/2014
54
S 1172
Ensuring the Safety of People with Pets in Disasters.
3/24/2014
55
H 3862
Establishing a Parks and Fields Capital Enhancements Special
Revenue Fund in the City of Marlborough.
3/24/2014
56
S 1531
Maintenance to Grant Easements over Certain Parcels of Land
to the Town of Amherst.
3/24/2014
57
H 3750
Authorizing the Town of Hadley to Grant 6 Additional Licenses
for the Sale of All Alcoholic Beverages and 6 Additional Licenses
for the Sale of Wines and Malt Beverages to be Drunk on the
Premises.
3/26/2014
58
S 873
Relative to Private Construction Contracts.
3/26/2014
59
H 3688
Authorizing the Town of Burlington to Grant Additional Alcoholic
Beverages Licenses.
4/2/2014
60
H 3791
Authorizing the Town of Winchester to Continue Employment of
Police Chief Kenneth C. Albertelli.
4/2/2014
61
H 3509
Relative to Insurance Proceeds from Property Claims in the
Town of Northborough.
4/2/2014
62
S 2052
Relative to Veterans' Allowances, Labor, Outreach and
Recognition.
4/3/2014
63
H 3649
Designating a Certain Bridge in the City of Revere as the Rita
Singer Bridge.
4/8/2014
64
S 1989
Authorizing the Town of Webster to Issue 1 Additional License
for the Sale of All Alcoholic Beverages to be Drunk on the
Premises of 41 Worcester Rd.
4/8/2014
65
H 3739
Authorizing the City of Beverly to Issue Additional Liquor
Licenses.
4/8/2014
66
H 3823
Establishing a Board of Water and Sewer Commissioners in the
City of Newburyport.
4/8/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
67
H 3101
Designating Each of 2 Certain Bridges in the Town of Barnstable
as the U.S. Navy Seal Kevin A. Houston Veterans Memorial
Bridge.
4/9/2014
68
H 3911
Authorizing the Town of Scituate to Establish the Date of its
Annual Town Election.
4/9/2014
69
S 1889
Directing the Division of Capital Asset Management and
Maintenance to Convey Certain Parcels of Land in the Town of
Medfield to the Town of Medfield.
4/9/2014
70
H 4023
Making an Appropriation for the Fiscal Year 2014 to Provide for
Supplementing a Certain Existing Appropriation and for Certain
4/10/2014
71
H 4036
Relative to Unemployment Insurance Rates.
4/14/2014
72
S 1930
Exempting Part-Time Call Firefighters in the Town of Athol from
the Civil Service Law.
4/14/2014
73
S 1938
Authorizing the Board of Selectmen to Exempt Certain Eco-Toilet
Installations from Sewer Connections and Associated
Betterments in the Town of Falmouth.
4/14/2014
74
S 2029
Establishing a Sick Leave Bank for Cynthia Salsman, an
Employee of the Soldiers' Home in Massachusetts.
4/14/2014
75
S 1990
Authorizing the Town of Webster to Issue Five Additional All
Alcoholic Beverages to be Drunk on the Premises Designated for
Use in the Downtown's "Slum and Blight" Main Street Area.
4/15/2014
76
H 3613
Relative to Time Share Resale and Transfer Service Providers.
4/16/2014
77
S 1967
Designating a Certain Bridge in the Town of Andover as the
Andover Veterans of the Iraq and Afghanistan Wars Memorial
Bridge.
4/17/2014
78
H 3664
Relative to a Massachusetts Boston Strong License Plate.
4/18/2014
79
H 4046
Financing Improvements to the Commonwealth's Transportation
System.
4/15/2014
80
H 3767
Authorizing the Establishment of the Mashpee Water and Sewer
District.
4/18/2014
81
H 3905
Authorizing the Granting of Easements at Northern Essex
Community College in the City of Haverhill.
4/18/2014
82
H 2831
Authorizing the Conveyance of Certain State Land in the Town of
Sharon.
4/18/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
83
S 1961
Authorizing the Town of Westport to Lease a Certain Parcel of
Land.
4/23/2014
84
S 2071
To Create an Annual Service and Volunteerism Day.
4/23/2014
85
H 3969
Reviving and Continuing the Task Force on the Prevention of
Unlawful and Unnecessary Foreclosures.
4/23/2014
86
H 3909
Relative to Bullying in Schools.
4/24/2014
87
S 1910
Authorizing the Town of Ipswich to Grant Certain Retroactive
Real Estate Tax Abatements.
4/24/2014
88
S 1395
Establishing the Scusset Beach Reservation Trust Fund.
4/24/2014
89
H 3981
Relative to Establishing a Sick Leave Bank for Carmen Mahone,
an Employee of the Trial Court.
4/29/2014
90
H 3919
Relative to the Charter of the City of Somerville.
5/1/2014
91
H 3648
Authorizing the West Barnstable Fire District to Fund Library
Services for the Whelden Memorial Library.
5/1/2014
92
S 1968
Establishing a Sick Leave Bank for Alexander Rodriguez, an
5/1/2014
93
S 2087
Establishing a Sick Leave Bank for Maria Elaskar-Stack, an
Employee of the Department of Children and Families.
5/1/2014
94
H 3768
Validating Certain Actions Taken at the Annual Town Meeting
Held in the Town of Swampscott.
5/1/2014
95
H 3959
Relative to the Essex North Shore Agricultural and Technical
School District.
5/7/2014
96
H 3864
Relative to the Appointment of Special Police Officers in the City
of Newton.
5/7/2014
97
H 3815
Relative to the Withdrawal of the Town of Worthington from the
Gateway Regional School District.
5/7/2014
98
H 3957
Establishing a Sick Leave Bank for Christine Green, an
Employee of the Department of Mental Health.
5/14/2014
99
H 3982
Providing for the Terms of Certain Bonds to be Issued by the
Commonwealth for the Improvement, Expansion and
Development of Military Installations.
5/14/2014
100
H 3744
Authorizing the Town of Stoneham to Establish a Special Fund
for the Collection and Disposal of Trash.
5/14/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
101
H 3605
Authorizing the Town of Marion to Impose Liens Upon Property
for the Collection of Water Bills.
5/14/2014
102
H 3743
Authorizing the Town of Stoneham to Create a Special Fund for
Railroad Right of Way Proceeds.
5/15/2014
103
S 2063
To Prevent Shackling and Promote Safe Pregnancies for Female
Inmates.
5/15/2014
104
H 3760
Relative to Strengthening Campaign Finance Reporting
Requirements.
5/15/2014
105
S 1999
Authorizing the Town of Oakham to Continue the Employment of
Fire Chief Thomas Snay.
5/15/2014
106
S 2067
Establishing a Sick Leave Bank for Michael J. Donoghue, an
Employee of the Norfolk Sheriff's Office.
5/15/2014
107
H 3614
Authorizing the Town of Dedham to Grant 3 Additional Licenses
Premises.
5/15/2014
108
H 2904
Designating a Certain Pedestrian Bridge in the City of Boston as
the Frances "Fanny" Appleton Bridge.
5/15/2014
109
H 3896
Relative to the Appointment of the Harbormaster in the City of
New Bedford.
5/21/2014
110
H 3625
Relative to the Powers of the Boston Fair Housing Commission.
5/21/2014
111
H 3788
Relative to Election Laws.
5/22/2014
112
S 935
Increasing the Membership of the City of Lowell Board of
License Commission from 3 to 5 Members.
5/22/2014
113
H 3922
Designating a Certain Underpass in the Town of Mansfield as
the Patrolman Walter P. Langley Memorial Underpass.
5/22/2014
114
S 1856
Providing for Sewer Commissioners in the Town of Wareham.
5/22/2014
115
H 2603
Relative to the Filing Deadline for Residential Exemptions,
Personal Exemptions and Tax Deferrals in the City of Boston.
5/22/2014
116
S 2005
Establishing a Charter for the Town of Wrentham.
5/23/2014
117
S 1991
Authorizing the Temporary Use of Certain Park Lands in the City
of Newton.
5/23/2014
118
S 1941
Relative to the Falmouth Historic District Commission.
5/23/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
119
H 4081
120
S 2065
Relative to the Board of Health in the City of Worcester.
6/6/2014
121
S 2013
Amending the Charter of the City Known as the Town of
Greenfield.
6/6/2014
122
S 1963
Designating June 14 as the Birthday of the United States Army
and June 9 as General Sylvanus Thayer Day.
6/6/2014
123
S 2134
Relative to the Disability Retirement of Woburn Police Officer
Robert Denapoli.
6/6/2014
124
S 1872
Authorizing the Town of Milton to Assess an Additional Amount
of Real Estate and Personal Property Taxes.
6/6/2014
125
H 3630
Relative to the Town of Dennis Barrier Beach Protection
Stabilization Fund.
6/6/2014
126
S 1962
Authorizing the City of Northampton to Issue an Additional
the Premises.
6/6/2014
127
H 3457
Authorizing the City of Newton to Place an Advisory Question on
the Ballot.
6/6/2014
128
H 4056
Establishing a Sick Leave Bank for Anne Marie McDonough, an
6/9/2014
129
H 4052
Authorizing the Town of Danvers to Grant 6 Additional Licenses
for the Sale of Alcoholic Beverages to be Drunk on the Premises.
6/12/2014
130
S 2006
Authorizing the Division of Capital Asset Management and
Maintenance to Convey Certain Property at Northampton State
Hospital.
6/12/2014
131
S 1675
Designating a Certain Bridge in the City of Easthampton as the
Korean War Veterans Memorial Bridge.
6/12/2014
132
S 2089
Relative to the Financial Condition of the City of North Adams.
6/13/2014
133
H 4053
Authorizing the City of Peabody to Grant 10 Additional Licenses
Premises.
6/13/2014
134
H 3775
Authorizing the Department of Fish and Game to Acquire Certain
Parcels of Land in the Town of Grafton from the Grafton Water
District.
6/13/2014
5/29/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
135
H 3814
Relative to Quincy College.
6/13/2014
136
H 4027
Establishing the Position of an Appointed Town TreasurerCollector in the Town of Somerset.
6/17/2014
137
S 2040
Providing for Recall Elections in the Town of Lancaster.
6/17/2014
138
H 3637
Exempting Martin B. Parayno from the Maximum Age
Requirement for Firefighters in the City of Methuen.
6/17/2014
139
H 880
Relative to Continuing Education Requirement for Insurance
Producers.
6/17/2014
140
H 3958
Establishing a Sick Leave Bank for Anne Federico, an Employee
of the Department of Public Health.
6/19/2014
141
H 3935
Relative to a Certain Parcel of Land in the Town of Stow.
6/20/2014
142
S 1995
Authorizing the Wilkinsonville Water District to Convey a Certain
Parcel of Land.
6/20/2014
143
H 3734
Relative to the Substitution of Biosimilars.
6/23/2014
144
S 2195
Restoring the Minimum Wage and Providing Unemployment
Insurance Reforms.
6/26/2014
145
H 4126
Extending the Statute of Limitations in Civil Child Sexual Abuse
Cases.
6/26/2014
146
S 2051
Authorizing the Town of Chesterfield to Continue the
Employment of Police Chief Gary Wickland.
6/26/2014
147
H 3941
Relative to the Pathfinder Regional Vocational-Technical High
School District.
6/26/2014
148
S 2132
Establishing the Domestic Workers Bill of Rights.
6/26/2014
149
H 4164
Relative to Natural Gas Leaks.
6/26/2014
150
H 3733
Relative to Breast Cancer Early Detection.
6/26/2014
151
H 4217
Making Certain Appropriations for the Fiscal Year 2015 Before
Final Action on the General Appropriation Bill.
6/26/2014
152
S 2175
Establishing a Sick Leave Bank for Denise Frost, an Employee
6/30/2014
153
H 4041
Establishing a Sick Leave Bank for Marcy L. Bray, an Employee
6/30/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
154
S 2154
Establishing a Sick Leave Bank for Alexis Baez, an Employee of
the Department of Mental Health.
6/30/2014
155
H 4228
Relative to Patient Limits in All Hospital Intensive Care Units.
6/30/2014
156
S 2124
Authorizing the Massachusetts Department of Transportation to
Grant an Interest in Land in the Town of Petersham.
7/2/2014
157
H 3704
Relative to Enhancing Access to Services for Mental Health
Treatment.
7/2/2014
158
S 2211
To Foster Economic Independence.
7/7/2014
159
H 4235
Relative to Pharmacy Practice in the Commonwealth.
7/10/2014
160
S 1759
Relative to Certain Designations in the Towns of Northbridge,
Uxbridge and Dudley.
7/10/2014
161
S 2081
Relative to the Financing and Construction of a Sanitary Sewer
Extension in the Town of Hardwick.
7/10/2014
162
H 3961
Authorizing the Town of Holliston to Establish a Department of
Public Works.
7/10/2014
163
H 4095
Relative to the Traffic Commission in the City of Malden.
7/10/2014
164
S 2192
Authorizing the Town of Westport to Assess Additional Amounts
of Real Estate and Personal Property Taxes to Pay Certain
Medical Expenses Incurred by Certain Public Safety Personnel.
7/11/2014
Acts 2014
CHAPTER
NUMBER
165
BILL
NUMBER
H 4001
TITLE
Making Appropriations for the Fiscal Year 2015 for the
Maintenance of the Departments, Boards, Commissions,
Institutions and Certain Activities of the Commonwealth, for
Interest, Sinking Fund and Serial Bond Requirements and for
Certain Permanent Improvements.
DATE
7/11/2014
Items 1599-0026, 1599-2014, 2800-0501, 2800-0700, 2810-0100,
7004-0099 of Section 2 and Sections 134, 193, 214 and 277 were
returned by the Governor to the House of Representatives, the
branch in which they originated, with his objection thereto. Items
1599-0026, 2800-0700 of Section 2, and Sections 134, 193, and 214
were passed by the House of Representatives on July 29, 2014, and
in concurrence by the Senate on July 30, 2014. Items 1599-2014,
2800-0501, 2810-0100, 7004-0099 of Section 2 and Section 277 were
passed by the House of Representatives on July 29, 2014, and in
concurrence by the Senate on July 30, 2014. The objection of the
Governor notwithstanding, and in the manner prescribed by the
Constitution, said Items and Sections therefore have the force of law.
Items 2800-0101, 7007-0300, 7009-7000, 7010-0005, 7010-0033,
7010-0050, 7061-0011, 7061-9408, 7066-0000, 7066-0009, 70661400, 7077-0023, 7504-0102, 8000-0600 and 8900-0001 of Section 2
were returned by the Governor to the House of Representatives, the
branch in which they originated, with his objection thereto. Items
2800-0101, 7007-0300, 7009-7000, 7010-0005, 7010-0033, 70100050, 7061-0011, 7061-9408, 7066-0000, 7066-0009, 7066-1400,
7077-0023, 7504-0102, 8000-0600 and 8900-0001 of Section 2 were
passed by the House of Representatives on July 30, 2014, and in
concurrence by the Senate on July 30, 2014. The objection of the
Governor notwithstanding, and in the manner prescribed by the
Constitution, said Items therefore have the force of law.
166
H 4089
Relative to the Preparation of Certain Bilingual Ballots in the City
of Boston.
7/15/2014
167
S 2155
Establishing a Sick Leave Bank for Kyle Melvin, an Employee of
the Department of Correction.
7/15/2014
168
H 4177
Establishing a Sick Leave Bank for Andrea Thomas, an
Employee of the Division of Capital Asset Management and
Maintenance.
7/15/2014
169
H 3487
Authorizing the Appointment of Scott Bradish as a Firefighter in
the City of Haverhill Notwithstanding the Maximum Age
Requirement.
7/15/2014
170
H 3807
Authorizing the Appointment of Scott Marchand as a Firefighter
in the City of Haverhill Notwithstanding the Maximum Age
Requirement.
7/15/2014
171
H 3936
Establishing a District to Operate a Regional Public Safety
Communications and Dispatch Center for the City of Revere and
the Town of Winthrop.
7/18/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
172
S 2045
Relative to the Police Department of the University of
Massachusetts.
7/18/2014
173
H 4296
Authorizing the Commonwealth to Reimburse Qualifying
Municipalities for Federal Military Reservation Students.
7/22/2014
174
H 4299
Relative to Certain Expenditures from the Community First Trust
Fund.
7/23/2014
175
H 2882
Designating October 9 as Pandas/Pans Awareness Day.
7/23/2014
176
H 4203
Establishing a Sick Leave Bank for Mariange Robert, an
Employee of the Department of Correction.
7/23/2014
177
H 3783
Further Regulating Flood Insurance.
7/23/2014
178
S 2109
Relative to the Department of Community Development in the
Town of Ware.
7/23/2014
179
H 4298
Authorizing the Transfer of Members of the Franklin Regional
Council of Governments to the State Employees' Retirement
System.
7/23/2014
180
H 4120
Authorizing the Lease of Air Rights over a Portion of a Municipal
Off-street Parking Area.
7/23/2014
181
H 3946
Relative to Proof of Identity for Certain Licensure.
7/23/2014
182
H 228
Authorizing the Sale of Alcoholic Beverages on Sunday Morning.
183
H 4294
Increasing the Salaries of District Attorneys.
7/24/2014
184
S 1789
Authorizing the Town of Heath to Continue the Employment of
Margo Ann Newton as Police Chief.
7/24/2014
185
S 2185
Establishing a Sick Leave Bank for Margaret Poindexter, an
Employee of the Massachusetts Department of Transportation.
7/24/2014
186
H 4202
Establishing a Sick Leave Bank for Lana A. Soricelli, an
Employee of the Executive Office for Administration and Finance.
7/24/2014
187
H 4088
Prohibiting the Possession, Sale, Trade and Distribution of Shark
Fins.
7/24/2014
188
S 2212
To Further Economic Independence.
7/25/2014
189
H 4307
Relative to Juvenile Life Sentences for First Degree Murders.
7/25/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
190
H 4168
Authorizing the Town Administrator of the Town of Sherborn to
Approve Warrants for the Payment of Town Funds.
191
H 4295
Relative to County Government Financial Management.
DATE
8/28/2014
The Foregoing was laid before the Governor on the seventeenth day
of July, 2014 and after ten days has the force of law as prescribed by
the Constitution as it was not returned by him to the branch in which it
originated with his objections thereto within that time.
192
H 2387
Granting Creditable Service to Employees of the Dedham
Westwood Water District.
The Foregoing was laid before the Governor on the seventeenth day
of July, 2014 and after ten days has the force of law as prescribed by
the Constitution as it was not returned by him to the branch in which it
originated with his objections thereto within that time.
193
H 3643
Authorizing the Appointment of Special Police Officers in the City
Known as the Town of Barnstable.
7/29/2014
194
H 4054
Authorizing the City of New Bedford to Grant an Additional
the Premises.
7/29/2014
195
H 4308
Relative to the Expansion of the Boston Convention and
Exhibition Center.
7/29/2014
196
S 2303
Further Regulating Mercury Management.
7/30/2014
197
S 2283
To Promote Public Safety and Protect Access to Reproductive
Health Care Facilities.
7/30/2014
198
S 2184
Relative to the Massachusetts Broadband Institute.
7/30/2014
199
H 3817
Authorizing the Late Filing of a Tax Abatement Application for
the Amherst Committee for a Better Chance, Inc.
7/31/2014
200
H 3852
Authorizing the Reinstatement of Richard L. Cross as a Reserve
Police Officer in the Town of Southwick.
7/31/2014
201
H 3552
Exempting the Position of Deputy Chief of Police in the Town of
Natick from the Civil Service Law.
7/31/2014
202
H 4117
Establishing a Sick Leave Bank for Thomas D. Tierney, an
Employee of the Highway Division of the Massachusetts
Department of Transportation.
7/31/2014
203
H 4230
Establishing a Sick Leave Bank for Kimberly Desiata, an
Employee of the Department of State Police.
7/31/2014
204
H 4183
Validating the Actions Taken at the Annual Town Election Held
by the Town of Warren.
7/31/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
205
H 4247
Relative to the Compensation of the Soldiers' Memorial
Commission of the City of Holyoke.
7/31/2014
206
H 2864
Designating Ms. G of the Massachusetts Audubon Society, Inc.
as the Official Groundhog of the Commonwealth.
7/31/2014
207
H 3782
Increasing the Fine for the Illegal Taking of Eels and Elvers.
7/31/2014
208
S 1627
Designating Volleyball as the Official Recreational and Team
Sport of the Commonwealth.
7/31/2014
209
H 4035
Establishing the Nantucket Mosquito Control Project.
7/31/2014
210
H 4366
Relative to Campaign Finance Disclosure and Transparency.
8/1/2014
211
H 4216
Medfield.
8/1/2014
212
H 4124
Designating the Essex Probate and Family Court as the
Thaddeus W. Buczko Building.
8/1/2014
213
S 2082
Maintenance to Grant a Sewer Easement Under Certain Land in
the Town of Tewksbury.
8/5/2014
214
H 3776
Authorizing the Town of Acton to Transfer Certain Forest Land to
General Municipal Purposes.
8/5/2014
215
H 4332
Authorizing the Town of Milton to Acquire Certain Property and
to Convey Certain Property.
8/5/2014
216
H 2838
Directing the Commissioner of Capital Asset Management and
Maintenance to Convey a Certain Parcel of Land to the Salem
Redevelopment Authority.
8/5/2014
217
H 4101
Authorizing the Conveyance of Certain Parcels of Land by the
Town of Nantucket to the Nantucket Islands Land Bank.
8/5/2014
218
H 4103
Authorizing the Conveyance of a Certain Parcel of Land by the
County of Nantucket.
8/5/2014
219
S 2311
Maintenance to Grand Certain Easements in the Town of
Brookfield.
8/5/2014
220
H 4157
Westborough.
8/5/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
221
H 4257
Validating the Actions Taken at the Annual Town Election in the
Town of Dudley.
8/5/2014
222
H 4268
Establishing a Sick Leave Bank for Anita Rebello, an Employee
of the Department of Children and Families.
8/5/2014
223
S 2053
Maintenance to Sell or Lease Certain Property in the Town of
Tewksbury.
8/5/2014
224
S 2044
Authorizing the Department of Fish and Game to Release a
Certain Conservation Restriction on Certain Property in
Exchange for Acquiring a Certain Parcel of Land in the Town of
Winchendon.
8/5/2014
225
S 2249
Relative to Uniform Adult Guardianship and Protective
Proceedings Jurisdiction.
8/5/2014
226
H 4047
Relative to Assisting Individuals with Autism and Other
Intellectual or Developmental Disabilities.
8/5/2014
227
S 795
Protecting Certain Persons who Render Voluntary Services at
the Scene of a Disaster or Catastrophe.
8/5/2014
228
S 1882
Relative to the Massachusetts Alzheimer's and Related
Dementias Acute Care Advisory Committee.
8/5/2014
229
H 4085
Maintenance to Lease Certain Property in the Town of
Tewksbury.
8/5/2014
230
H 3680
Relative to Potluck Events.
8/5/2014
231
S 1815
Relative to the Granting of an Abatement at Rea's Pond Sewer
Pump Station in the Town of North Andover.
8/5/2014
232
S 2288
Authorizing the Transfer of Certain Parcels of Land in the Town
of Hubbardston.
8/5/2014
233
H 4019
Regarding the Establishment of a Regional School
Transportation Reimbursement Fund.
8/5/2014
234
H 4327
Requiring National Background Checks.
8/5/2014
235
H 4374
Relative to Local Housing Authorities.
8/6/2014
236
H 4254
Modernizing Licensing Operations at the Division of Professional
Licensure.
8/6/2014
237
H 3933
Providing for Capital Facility Repairs and Improvements for the
Commonwealth.
8/6/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
238
H 4113
Authorizing the Conveyance of a Certain Parcel of Land in the
City of Holyoke.
8/6/2014
239
H 4241
Providing the Terms of Certain Bonds to be Issued by the
Commonwealth to Stimulate Economic Growth.
8/6/2014
240
S 2291
Authorizing the Change of Use of a Certain Parcel of Land in the
Town of Adams.
8/6/2014
241
H 3800
Releasing Certain Land in the Town of Dracut from the
Operation of an Agricultural Preservation Restriction.
8/6/2014
242
S 1966
Authorizing the Department of Conservation and Recreation to
Lease Certain Parkland in the City of Cambridge.
8/6/2014
243
S 1964
Exempting Certain Positions in the Police Department of the
Town of Sandwich from the Civil Service Law.
8/6/2014
244
H 3960
Authorizing the Town of Plymouth to Exchange a Parcel of Land
Held for Water Purposes for a Parcel of Land in the Town of
Plymouth.
8/6/2014
245
S 2267
Increasing the Membership of the Board of Trustees and
Increasing the Quorum for the Transaction of the Corporate
Business of Amherst College.
8/6/2014
246
H 4288
Maintenance to Grant Easements to Nstar Electric Company.
8/6/2014
247
H 2551
Making Corrective Changes in Certain Laws Regarding the
Taxation of Forest, Farm and Recreational Land.
8/6/2014
248
H 3474
Relative to a Conservation Restriction in the Town of Stow.
8/6/2014
249
H 4358
Maintenance to Convey Certain Parcels of Land in the City of
Waltham.
8/6/2014
250
S 1218
Relative to Labor Relations.
8/6/2014
251
S 2214
Relative to Credit for Thermal Energy Generated with Renewable
Fuels.
8/6/2014
252
H 175
Relative to Title Protection.
8/6/2014
253
H 4112
Relative to the Massachusetts Credit Union Share Insurance
Corporation.
8/6/2014
254
H 4123
Relative to Certain Judicial Procedures in the Superior Court.
8/6/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
255
H 4237
Relative to Real Lives.
8/6/2014
256
H 2779
Relative to Insurance in the Commonwealth.
8/6/2014
257
H 4355
Financing Information Technology Equipment and Related
Projects.
8/6/2014
258
S 2142
To Increase Opportunities for Long-term Substance Abuse
Recovery.
8/6/2014
259
S 2021
Improving Drinking Water and Wastewater Infrastructure.
8/6/2014
260
S 2334
Relative to Domestic Violence.
8/8/2014
261
H 4227
Exempting the Town of Nantucket from the Provisions of MGL
and the Code of Massachusetts Regulations Regarding Funeral
Directors, Embalmers, Funeral Homes and Crematories.
8/8/2014
262
H 4359
To Preserve the Historic Speedway Administration Building in the
Brighton Section of the City of Boston.
8/8/2014
263
H 3801
Authorizing the County and Town of Nantucket to Convey a
Certain Parcel of Land.
8/8/2014
264
H 4386
Relative to Simulcasting.
8/8/2014
265
S 2333
Maintenance to Convey a Certain Parcel of Land in the City of
Cambridge.
8/8/2014
266
H 4344
Maintenance to Transfer Care, Custody and Control of a Certain
Parcel of Land in the Town of Sandwich in Exchange for Certain
Parcels of Land in the Towns of Bourne and Sandwich.
8/8/2014
267
H 4378
Relative to Organ Retention.
8/8/2014
268
H 4349
Maintenance to Convey a Certain Parcel of Land in the Town of
Shrewsbury.
8/8/2014
269
H 3891
Maintenance to Convey a Certain Parcel of Land in the City of
Marlborough.
8/8/2014
270
H 4232
Providing for the Preservation of a Memorial to Landing Ship
Tanks in the Town of Hingham.
8/8/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
271
H 2859
Maintenance to Lease a Certain Parcel of Land in the City of
Boston.
8/8/2014
272
H 4370
Authorizing the Lease, License and Conveyance of Certain
Commonwealth Property in the City of Boston.
8/8/2014
273
H 2222
Relative to Children of Correction Officers.
8/8/2014
274
H 3525
Clarifying the Term of Appointment of Non-civil Search Police
Officers.
8/8/2014
275
H 3902
Authorizing the Change of Use of Certain Conservation Land in
the Town of Duxbury.
8/8/2014
276
S 2271
Relative to Fair Retainage Payments in Private Construction.
8/8/2014
277
H 777
Relative to the Town of Chatham Conservation Commission and
Land Within the Town of Harwich.
8/8/2014
278
S 1847
Authorizing the Massachusetts Department of Transportation to
Acquire Certain Parcels of Land in the City of Fall River.
8/8/2014
279
S 2139
Authorizing the Massachusetts Water Resources Authority to
Dispose of Certain Real Property in the City of Boston and to
Release an Easement upon Certain Real Property in the City of
Boston.
8/8/2014
280
S 2169
Relative to the Acceptance of Paper Mill Road as a Public Way
in the City of Westfield.
8/11/2014
281
H 4363
Authorizing the Transfer of a Parcel of Land from the
Department of Conservation and Recreation to the Boston
Redevelopment Authority and the City of Boston.
8/11/2014
282
H 768
Relative to a Boat House Land Lease in the City of Boston.
8/11/2014
283
H 3789
Further Regulating Regional School District Planning
Committees.
8/11/2014
284
H 4376
Relative to the Reduction of Gun Violence.
8/13/2014
285
H 4188
Increasing the Exemption for Residential Real Property from 30
Per Cent to 35 Per Cent in the City of Somerville.
8/13/2014
286
H 4375
Providing for the Preservation and Improvement of Land, Parks
and Clean Energy in the Commonwealth.
8/13/2014
287
H 4377
Promoting Economic Growth Across the Commonwealth.
8/13/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
288
H 4267
Establishing a Sick Leave Bank for Atanasios Gougoulias, an
8/20/2014
289
H 4182
Validating the Results of the Annual Town Meeting of the Town
of Millis Held on May 12, 2014.
8/20/2014
290
H 3915
Relative to the Term of Mayor of the City of Salem.
8/20/2014
291
H 4372
To Promote the Sustainable Economic Development of the
Former Weymouth Naval Air Station for the Benefit of the Towns
of Abington, Rockland, and Weymouth, the NAS South
Weymouth Region and the Commonwealth.
8/20/2014
292
S 858
Establishing Uniform Wage Compliance and Record Keeping.
8/20/2014
293
S 2345
Protecting Animal Welfare and Safety.
8/20/2014
294
S 2007
Establishing Ataxia Awareness Day.
8/20/2014
295
H 4418
8/21/2014
296
H 4221
Authorizing the City of Chicopee to Change the Use of the
Chicopee Falls Branch Public Library.
8/21/2014
297
S 2302
Relative to a Vote in the Berkshire Hills Regional School District.
8/21/2014
298
H 4169
Increasing the Number of Selectmen in the Town of Sherborn.
8/21/2014
299
H 4303
Recognizing the Profession of Interior Designers to Bid on State
Contracts.
8/21/2014
300
H 3869
Relative to the Assessment of Betterments for Improvements to
Private Ways in the Town of Harwich.
8/28/2014
301
H 4048
Authorizing the City of Holyoke to Issue Additional Licenses for
the Sale of All Alcoholic Beverages and Wines and Malt
Beverages to be Drunk on the Premises.
8/28/2014
302
H 3876
Authorizing the Town of Conway to Continue the Employment of
Robert Baker and Ronald Hawkes.
8/28/2014
303
H 3228
Authorizing the Appointment of Billy Ray Hawkins, Jr. as a
Firefighter in the City of Haverhill Notwithstanding the Maximum
Age Requirement.
8/28/2014
304
H 3697
Authorizing the Town of Dartmouth to Accept Certain Roadways
as Public Ways.
8/28/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
305
S 2253
Relative to Rock Wall Climbing Safeguards.
8/28/2014
306
H 2693
Relative to Property Tax Exemptions for Rental Properties in the
Town of Truro as Affordable Housing.
8/28/2014
307
H 4109
Relative to Defense Policies of the Commonwealth.
9/3/2014
308
H 3675
Validating the Results of the Annual Town Meeting of the Town
of Ashland held on May 2, 2012.
9/5/2014
309
H 3853
Authorizing the Reinstatement of Kenneth G. Laxton as a
Reserve Police Officer in the Town of Southwick.
9/5/2014
310
H 4198
Increasing the Number of Licenses for the Sale of Alcoholic
Beverages in the Town of Easton.
9/5/2014
311
H 4365
Relative to Racing Days.
9/9/2014
312
H 4099
Authorizing the City of Boston to Grant 6 Additional Licenses for
the Sale of All Alcoholic Beverages to be Drunk on the Premises.
9/9/2014
313
S 1145
Establishing the 104th Fighter Wing Fire Department.
9/9/2014
314
H 4225
Establishing a Capital Expenditure in the Town of Rehoboth.
9/9/2014
315
H 4167
Relative to the Sale of All Alcoholic Beverages to be Drunk on
the Premises in the Town of Topsfield.
9/11/2014
316
S 2166
Authorizing the Town of Milton to Grant an Additional License for
the Sale of All Alcoholic Beverages to be Drunk on the Premises.
9/11/2014
317
S 2358
Establishing a Sick Leave Bank for John Gallagher, an
Employee of the Department of Youth Services.
9/11/2014
318
S 2359
Establishing a Sick Leave Bank for Anthony Gerniglia, an
9/11/2014
319
H 3517
Exempting the Position of Deputy Police Chief in the Town of
Dedham from the Civil Service Law.
9/11/2014
320
H 4219
Authorizing the Town of Shrewsbury to Establish a Special Fund.
9/11/2014
321
H 5161
Validating the Actions Taken at the Annual Town Meeting in the
Town of Southampton.
9/22/2014
322
H 4032
Designating a Certain Boat Launch Area in the Town of
Hardwick as the Stephen M. Brewer Fishing Area.
9/22/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
323
H 3623
Authorizing the Town of Dartmouth to Establish an Enterprise
Fund.
9/25/2014
324
H 4170
Relative to the Collection of Taxes in the Town of Blandford.
9/25/2014
325
H 4191
Granting an Additional License for the Sale of Alcoholic
Beverages in the Town of Milton.
9/25/2014
326
H 4195
Authorizing the Town of Conway to Continue the Employment of
Police Officer David Johnson.
9/25/2014
327
H 4407
Establishing a Sick Leave Bank for Michael J. Macuch, an
9/25/2014
328
H 4381
Establishing a Sick Leave Bank for Kathleen Restuccia, an
9/25/2014
329
H 4311
Authorizing the Town of Southborough to Grant an Additional
License for the Sale of All Alcoholic Beverages not to be Drunk
on the Premises.
9/25/2014
330
H 4312
Authorizing the Town of Southborough to Grant an Additional
License for the Sale of All Alcoholic Beverages not to be Drunk
on the Premises.
9/25/2014
331
H 4331
Validating the Results of a Certain Election Held in the Town of
Lancaster.
10/1/2014
332
H 4335
Relative to Certain Municipal Salaries in the City of Lynn.
10/1/2014
333
S 2066
Relative to the Charter of the Town of Bellingham.
10/1/2014
334
H 3904
Establishing a Sick Leave Bank for Tracy Longvall-Rivera, an
10/1/2014
335
S 1920
Establishing the MetroWest Commission on the Status of
Women.
10/1/2014
336
S 2369
Establishing a Sick Leave Bank for Timothy Maxfield, an
10/1/2014
337
S 2140
Authorizing the Abatement of a Certain Sewer Betterment
Assessment in the Town of Sturbridge.
10/3/2014
338
H 4102
Relative to the Membership of the Historic District Commission
for the Town of Nantucket.
10/3/2014
339
J 4336
Relative to Private Road Maintenance.
10/3/2014
340
H 4171
Relative to the Town Treasurer in the Town of Blandford.
10/9/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
341
S 2170
Designating a Certain Bridge in the Town of Needham as the
Reverend Lt. Daniel J. Kennedy, USN Memorial Bridge.
10/9/2014
342
S 2193
Authorizing the Board of Selectmen of the Town of Westport to
Borrow Money for the Payment of Certain Medical Expenses for
Certain Public Safety Personnel.
10/9/2014
343
H 3954
Relative to the List of Legal Investments Prepared by the
Commissioner of Banks.
10/9/2014
344
H 4205
Designating the Last Tuesday of May as Southbridge Lions Club
Bow Ties for Esophageal Cancer Awareness Day.
10/9/2014
345
H 4220
Relative to the Charter of the Town of Harwich.
10/9/2014
346
S 465
Relative to Liability Coverage Under the Massachusetts Property
Insurance Underwriters Association.
10/9/2014
347
S 2280
Authorizing the Licensing Authority of the City of Woburn to
Grant 6 Additional Licenses for the Sale of All Alcoholic
10/10/2014
348
H 3786
Authorizing the Town of Stoneham to Grant 5 Additional
Licenses for the Sale of All Alcoholic Beverages to be Drunk on
the Premises.
10/10/2014
349
H 4222
Authorizing the Town of Whately to Continue the Employment of
Donald Dufault and John Dubois.
10/17/2014
350
H 4409
Relative to Private Roads in the Town of Barnstable.
10/17/2014
351
S 2297
Relative to Improving Notice Requirements for Self-storage.
10/17/2014
352
H 1860
Relative to Cable Peg Access Enterprise Fund.
10/17/2014
353
S 2279
Authorizing the Town of Ipswich to Grant 2 Additional Licenses
Premises.
10/20/2014
354
H 4064
Providing for Recall Elections in the Town of Hinsdale.
10/31/2014
355
H 4410
Relative to the Funding of Maintenance and Improvements of
Private Ways in the Town of Barnstable.
10/31/2014
356
H 4411
Authorizing the Town of Hudson to Grant Additional Licenses for
the Sale of Alcoholic Beverages to be Drunk on the Premises at
Highland Common.
10/31/2014
357
H 4412
Authorizing the Town of Hudson to Grant Additional Licenses for
the Sale of Alcoholic Beverages to be Drunk on the Premises.
10/31/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
358
H 4310
Authorizing the City of Beverly to Grant Additional Licenses for
the Sale of Alcoholic Beverages to be Drunk on the Premises.
10/31/2014
359
H 4508
10/31/2014
360
S 2300
Dissolving the Contributory Retirement System of the Town of
Athol.
10/31/2014
361
S 1918
Relative to Cardiopulmonary Resuscitation Certification for
Athletic Coaches.
10/31/2014
362
S 1864
Designating a Certain Bridge in the City of Boston as the
Brigadier General William J. Gormley III Bridge.
10/31/2014
363
S 2136
Authorizing the Town of Plymouth to Establish an 1820
Courthouse Fund.
11/6/2014
364
H 4413
Authorizing the Town of Mansfield to Grant Additional Liquor
Licenses for the Sale of All Alcoholic Beverages to be Drunk on
the Premises.
11/6/2014
365
H 4428
Establishing a Sick Leave Bank for Tina Jarbeau, an Employee
of the Executive Office of Health and Human Services.
11/6/2014
366
S 2147
Exempting the Position of Police Chief of the Town of Rockport
from the Civil Service Law.
11/6/2014
367
S 2381
Relative to the Town Charter for the Town of Ipswich.
11/6/2014
368
H 4309
Authorizing the Town of Walpole to Grant Additional Licenses for
the Sale of All Alcoholic Beverages and Wines and Malt
11/6/2014
369
S 2282
Authorizing Cary Gould to Take the Civil Service Examination for
Appointment as a Police Officer in the City of Gloucester
Notwithstanding the Maximum Age Requirement.
11/10/2014
370
S 2389
Establishing a Sick Leave Bank for Therese Cormier, an
11/10/2014
371
H 4380
Further Regulating Limited Liability Companies.
11/10/2014
372
H 4192
Relative to the Board of Selectmen-Town Manager Form of
Government in the Town of Great Barrington.
11/10/2014
373
S 2385
Establishing a Sick Leave Bank for Joseph Quinn, an Employee
of the Trial Court.
11/10/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
374
S 2138
Relative to Community Shared Solar Energy Systems in the
Town of Harvard.
11/10/2014
375
H 4451
Relative to the Middleton Town Charter.
11/14/2014
376
H 4339
Relative to the Squibnocket Pond Overlay District in the Town of
Chilmark.
11/17/2014
377
H 4433
Providing for Appointment of the Town Collector in the Town of
Shirley.
11/17/2014
378
S 2276
Relative to the Department of Inspectional Services in the City of
Lynn.
11/17/2014
379
S 2171
Redesignating a Certain Bridge over the Merrimack River as the
Congressman William H. Bates Veterans Memorial Bridge.
11/17/2014
380
H 4506
Establishing a Sick Leave Bank for Stephanie Deronette, an
Employee of the Executive Office of Health and Human Services.
11/25/2014
381
H 4478
Establishing the Position of Town Administrator in the Town of
Fairhaven.
11/25/2014
382
S 2394
Establishing a Sick Leave Bank for Alexis Baez, an Employee of
the Department of Mental Health.
12/3/2014
383
H 4223
Relative to Firefighters in the Town of Merrimac.
12/3/2014
384
S 2384
Establishing a Sick Leave Bank for Christopher Johnson, an
12/3/2014
385
S 2391
Establishing a Sick Leave Bank for Dean Bassett, an Employee
of the Executive Office of Labor and Workforce Development.
12/3/2014
386
H 4201
Designating the Street Hockey Arena in Marine Park in the South
Boston Section of the City of Boston.
12/3/2014
387
H 4262
Authorizing the Board of Assessors in the Town of Sturbridge to
Grant Tax Abatements to Certain Military Personnel.
12/3/2014
388
S 2178
Allowing Certain Senior Support Staff Members of Protection
Fire Co. No. 1, Byfield, Massachusetts to Continue to Serve
Beyond the Age of 65.
12/3/2014
389
H 4128
Relative to the Board of Public Works in the Town of Fairhaven.
12/3/2014
390
S 2298
Relative to the Establishment of Tax Title Collector Revolving
Funds.
12/16/2014
391
S 2105
Relative to Hazardous Materials Response.
12/16/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
392
S 2367
Relative to the Positions of Clerk and Treasurer of the Wareham
Fire District.
12/17/2014
393
S 2370
Authorizing the Town of Wareham to Grant an Additional
the Premises.
12/17/2014
394
H 4538
Amending the Charter of the Town of Bourne.
12/18/2014
395
H 4444
Providing the Terms of Certain Bonds Financing the Expansion
of the Boston Convention and Exhibition Center.
12/19/2014
396
S 2376
Authorizing the City of Salem to Grant an Additional Liquor
License for the Sale of Wines and Malt Beverages not to be
Drunk on the Premises.
12/19/2014
397
H 4196
Relative to Special Police Officers in the Town of Norwood.
12/19/2014
398
S 2177
To Increase the Number of All Alcohol Licenses for Restaurants
in the Town of Arlington.
12/19/2014
399
H 4340
Relative to the Town Clerk in the Town of Edgartown.
12/19/2014
400
S 2388
Relative to Discontinuing the Fluoride Supplementation of the
Rockport Water Supply.
12/19/2014
401
S 2353
Authorizing the Town of Freetown to Pay a Certain Unpaid Bill.
12/19/2014
402
H 2050
Relative to Acute-Care Medical-Surgical Bed Counts.
12/19/2014
403
H 3797
Authorizing the Town of Dudley to Grant Tax Abatements for
Certain Military Personnel.
12/19/2014
404
H 4505
Relative to the Massachusetts Life and Health Insurance
Guaranty Association Law.
12/19/2014
405
H 2070
Relative to Public Health Data Sharing with the Boston Public
Health Commission.
12/19/2014
406
H 4127
Relative to Shellfish Aquaculture License Fees in the Town of
Fairhaven.
12/19/2014
407
H 3158
Designating a Certain State Owned Bridge in the Town of
Randolph as the Charles L. Rowley Memorial Bridge.
12/19/2014
408
H 3821
Relative to Licenses Issued by the Division of Marine Fisheries.
12/19/2014
409
H 4324
Relative to Confidentiality in Financial Examinations.
12/19/2014
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
410
H 4193
Relative to the Procedure for Municipal Acceptance of
Subdivision Roads in the Town of Framingham.
12/21/2014
411
S 2373
Establishing a Sick Leave Bank for Emily Coollick-Burgess, an
Employee of the Massachusetts Rehabilitation Commission.
12/24/2014
412
S 2396
Establishing a Sick Leave Bank for Jessica R. Brand, an
Employee of the Division of Capital Asset Management and
Maintenance.
12/24/2014
413
H 3537
Exempting Real Property Owned by DevelopSpringfield
Corporation from Taxation.
12/24/2014
414
S 2364
Relative to the Position of Treasurer-Collector in the Town of
Carver.
12/24/2014
415
H 4532
Establishing a Sick Leave Bank for April Bylund, an Employee of
the Department of Youth Services.
12/24/2014
416
S 2227
Relative to the Worcester DCU Arena and Convention Center.
12/24/2014
417
S 2362
Further Regulating the Crime of Accosting or Annoying.
12/24/2014
418
H 4302
Establishing a Mystic River Watershed Water Quality
Commission.
12/24/2014
419
H 4090
Relative to the Appointment of Designers to the Inspector
General Council.
12/24/2014
420
H 1986
Providing Equitable Treatment for Post-Acute Care Hospitals.
12/24/2014
421
H 4503
Increasing the Amount of Money that may be Borrowed by the
Thorndike Fire and Water District in the Town of Palmer.
12/30/2014
422
H 3730
Relative to Hospital Indemnity Insurance Policies.
12/30/2014
423
H 4512
Authorizing the Town of Wakefield to Designate a Check-off Box
on its Tax Bills for the Wakefield Veterans Relief Fund.
1/2/2015
424
H 4513
Authorizing the Town of Wakefield to Designate a Check-off Box
on its Tax Bills for the Wakefield Veterans Memorial and Patriotic
Celebration Fund.
1/2/2015
425
H 3568
Relative to Pesticide Licensing and Mosquito Control.
1/2/2015
426
H 4530
Establishing a Special Events Fund in the City of Boston.
1/2/2015
427
H 4541
Establishing a Sick Leave Bank for Matthew McConville, an
Employee of the Department of Revenue.
1/2/2015
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
428
S 2365
Relative to the Department of Public Works in the Town of
Carver.
1/2/2015
429
H 4379
Relative to the Leasing of Certain Land Owned by the Worcester
City Campus Corporation.
1/2/2015
430
H 4326
Relative to Credit for Reinsurance Requirements.
1/2/2015
431
H 4305
Establishing a Task Force to Protect Massachusetts Children
Against Child Sexual Abuse.
1/2/2015
432
H 4369
Relative to Driver's Licenses and Identification Cards
Photographs.
1/2/2015
433
H 4347
Relative to Retail Licenses for the Sale of All Alcoholic
Beverages at Continuing Care Retirement Communities.
1/2/2015
434
H 4542
Relative to the Board of Health in the City of Chicopee.
1/2/2015
435
H 4528
Amending the Charter of the City of Chicopee.
1/2/2015
436
S 2421
Adjusting the Number of Racing Days at Suffolk Downs.
1/2/2015
437
H 4250
Relative to the Retirement Benefits of the Surviving Spouse of
the Honorable Jonathan Brant.
1/2/2015
438
S 24-8
Relative to the Glenwood Cemetery Perpetual Relief Fund.
1/2/2015
439
H 4539
Establishing a Sick Leave Bank for Janet Frame, an Employee of
the Department of Developmental Services.
1/2/2015
440
H 4543
Validating the Results of a Certain Election Held in the Town of
Chilmark.
1/2/2015
441
S 2286
Regulating Pharmacy Audits.
1/2/2015
442
H 4550
Repealing the City of Lowell Financial Conditions Act.
1/5/2015
443
H 4534
Authorizing the Town of Provincetown to Designate a Check-off
Box on its Tax Bills.
1/5/2015
444
H 4551
Further Regulating the Licening Requirements for Massage
Therapists.
1/5/2015
445
H 4323
Relative to Property and Casualty Actuarial Opinions and
Reports.
1/5/2015
446
H 4545
Relative to the Treatment of Mentally Ill in Prisons.
1/5/2015
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
447
H 4507
Authorizing the Board of Selectmen in the Town of Clinton to
Appoint the Town Collector.
1/6/2015
448
S 2405
Relative to the Financial Condition of the Town of Winchendon.
1/6/2015
449
H 4527
Establishing 6-Year Career Plans for All Massachusetts Public
School Students.
1/6/2015
450
H 4517
Promoting Housing and Support Services to Unaccompanied
Homeless Youths.
1/6/2015
451
H 1474
To Improve Criminal Laws Relative to Retail Theft.
1/6/2015
452
H 4525
Authorizing the Massachusetts Water Resources Authority to
Release an Easement upon Certain Real Property in the City of
Quincy.
1/6/2015
453
H 4521
Relative to the Sharing of Information by the Registry of Motor
Vehicles.
1/6/2015
454
H 4544
Relative to the Sale of Malt Beverages and Distilled Spirits at
Auction.
1/6/2015
455
H 3953
Relative to the Indemnification of Certain Fire Districts.
1/6/2015
456
H 4214
Relative to Insurance Holding Companies.
1/6/2015
457
H 4535
Relative to Boat Excise Tax Revenue for the Mattapoisett
Waterfront.
1/7/2015
458
S 2423
Establishing a Sick Leave Bank for Sharon Jones, an Employee
of the Department of Environmental Protection.
1/7/2015
459
S 2363
Authorizing the Appointment of Special Police Officers in the
Town of Dartmouth.
1/7/2015
460
S 2377
Authorizing the Board of Selectmen of the Town of Clinton to
Appoint the Town Treasurer.
1/7/2015
461
S 2366
Authorizing the Wareham Fire District to Pay a Certain Unpaid
Bill.
1/7/2015
462
S 2418
Establishing a Sick Leave Bank for Marc Glazerbrook, an
1/7/2015
463
H 4175
Relative to Parking Violations in the Town of Wellfleet.
1/7/2015
464
H 4224
Authorizing the Appointment of Special Police Officers in the
Town of Merrimac.
1/7/2015
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
465
S 2412
Authorizing the Town of Falmouth to Expend Borrowed Funds to
Offset Certain Costs Associated with the Installation of Low
Pressure Pumps on Private Property in the Little Pond Sewer
Service Area.
1/7/2015
466
H 4139
Relative to Credit Union Branching.
1/7/2015
467
S 2382
Authorizing Certain Improvements by the Treasurer of the City of
Peabody.
1/7/2015
468
H 4511
Validating the Actions Taken at a Certain State Primary Election
in the Town of Mattapoisett.
1/7/2015
469
H 4570
Establishing a Sick Leave Bank for Marie Silva, an Employee of
the Department of Developmental Services.
1/7/2015
470
S 2131
Authorizing the Town of Sunderland to Continue the Employment
of James P. Bielunis as a Call Firefighter.
1/7/2015
471
H 4572
Relative to the Appointment of Special Police Officers in the
Town of Millbury.
1/7/2015
472
H 4100
Validating Certain Actions, Proceedings and Policies of the Town
of Ashby.
1/7/2015
473
H 4540
Establishing a Sick Leave Bank for Derik Dirico, an Employee of
the Massachusetts Department of Transportation.
1/7/2015
474
S 2354
Establishing a Gaming Revenue Stabilization Fund in the Town
of Plainville.
1/7/2015
475
H 2422
Relative to Injured On Duty Benefits for Environmental Police
Officers.
1/7/2015
476
H 3604
Relative to the Rights of Persons Receiving Services from
Program or Facilities of the Department of Mental Health.
1/7/2015
477
H 4384
Relative to the Sterilization of Musical Instruments in Schools.
1/7/2015
478
H 4520
To Improve Quality of Life by Expanding Access to Palliative
Care.
1/7/2015
479
H 4476
Authorizing the Town of Hingham to Establish a Reserve Fund
for Certain Special Education Costs.
1/7/2015
480
H 4531
Relative to the Milford Water Company.
1/7/2015
481
H 4567
Relative to the Use of Headlights.
1/7/2015
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
482
H 4110
Modernizing the Banking Laws and Enhancing the
Competitiveness of State-Chartered Banks.
1/7/2015
483
S 602
Relative to Condominiums.
1/7/2015
484
S 865
Relative to Parental Leave.
1/7/2015
485
S 1985
Relative to Local Commissions on Disability.
1/7/2015
486
S 2043
Designating a Certain Bridge in the Town of Barre as the U.S.W.
S2/C Basil D. Izzi Memorial Bridge.
1/7/2015
487
S 2121
Further Regulating Town Meeting Notices.
1/7/2015
Emergency Letter: January 8, 2015 @ 9:34 A.M.
488
S 2127
Authorizing Certain Pharmacy Interns to Administer
Immunizations.
1/7/2015
489
S 2173
Relative to Missing Persons.
1/7/2015
490
S 2277
To Clarify the Definition of a Personal Care Attendant.
1/7/2015
491
S 2338
Relative to the Joint Base Cape Cod Fire Department.
1/7/2015
492
S 2343
Relative to Disability Pension Benefits and Earnings.
1/7/2015
493
S 2402
Relative to Certifications of Insurance.
1/7/2015
494
H 4571
Relative to Direct Wine Shipper Licenses.
1/8/2015
495
H 4548
Maintenance to Grant to the Town of Belchertown a Certain
Parcel of Land in the Town of Belchertown.
1/8/2015
496
H 4557
Relative to Trust Funds at the University of Massachusetts.
1/8/2015
497
S 2002
Directing the Police Department of the City of Boston to Waive
the Maximum Age Requirement for Police Officer Edward Grace.
1/8/2015
498
S 1635
Promoting Environmentally Sound Transportation of Agricultural
Products.
1/8/2015
499
H 4546
Establishing a Sick Leave Bank for Jay Viveiros, an Employee of
the Division of Professional Licensure.
1/8/2015
500
S 1199
Relative to Regional 911 Emergency Communication Districts.
1/8/2015
Acts 2014
CHAPTER
NUMBER
BILL
NUMBER
TITLE
DATE
501
H 4277
Further Protecting Consumers of the Commonwealth.
1/8/2015
502
H 3858
Relative to the Registration of Vintage Snow Vehicles.
1/8/2015
503
H 4553
Relative to Local Tax Transparency.
1/8/2015
504
H 3847
Repeal of 2013 Gas Tax Indexing.
Submitted to the people at the November 4, 2014 state election under
Article XLVIII of the Amendments to the Constitution,Tthe Initiative,
Part V, section 1, as amended, and was thereby approved by voters
equal in number to at least thirty percent of the total number of ballots
cast at such state election and also by a majority of the voters voting
on such law, according to the determination of the Governor and
Council dated December 3, 2014.
505
H 3845
Relative to Earned Sick Time.
Submitted to the people at the November 4, 2014 state election under
Article XLVIII of the Amendments to the Constitution,Tthe Initiative,
Part V, section 1, as amended, and was thereby approved by voters
equal in number to at least thirty percent of the total number of ballots
cast at such state election and also by a majority of the voters voting
on such law, according to the determination of the Governor and
Council dated December 3, 2014.
Resolves 2014
CHAPTER
NUMBER
BILL
NUMBER
1
H 4297
TITLE
DATE
Providing for an Investigation and Study by a Special
Commission Relative to Establishing a Tax Credit for Medical
Devices of Manufacturing Companies.
7/24/2014
1
1
Secretary of the Commonwealth - William Francis Galvin
NOTICES OF PUBLIC REVIEW OF PROSPECTIVE REGULATIONS
PUBLISHED IN COMPLIANCE WITH M.G.L. c. 30A, §§ 2 AND 3
January 16, 2015
Commonwealth Health Insurance
Connector Authority
956 CMR 13.00
1/28/15 @ 10:00 A.M.
Written comments accepted
until 1/30/15 @ 4:00 P.M.
Correction, Department of
103 CMR 430.00
1/26/15 @ 9:00 A.M. Written
presentations accepted any
time prior to 1/26/15.
Energy Resources, Department of
225 CMR 4.00
1/26/15, 1:00 P.M. - 3:00
P.M. Written comments
accepted until 2/6/15 @ 5:00
P.M.
Environmental Protection,
Department of
310 CMR 7.00
2/9/15 @ 1:00 P.M.; 2/10/15
@ 1:00 P.M. Written
comments accepted until
2/20/15.
Health and Human Services,
Executive Office of
101 CMR 206.00
1/30/15 @ 10:00 A.M.
Written testimony accepted
until 2/6/15 @ 5:00 P.M.
Industrial Accidents, Department of
452 CMR 1.00
1/30/15 @ 10:00 A.M.
until the close of business
1/30/15.
Public Safety, Department of
520 CMR 5.00
1/30/15 @ 10:00 A.M.
until 2/6/15.
Teachers’ Retirement Board,
Massachusetts
807 CMR 24.00
1/26/15 @ 11:00 A.M.
Written comments accepted in
advance of the hearing.
3
4
5
6
7
8
COMMONWEALTH
OF MASSACHUSETTS
EXECUTIVE OFFICE OF
ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENERGY RESOURCES
100 CAMBRIDGE ST., SUITE 1020
BOSTON, MA 02114
Telephone: 617-626-7300
Facsimile: 617-727-0030
Maeve Vallely Bartlett
Secretary
Deval L. Patrick
Governor
Meg Lusardi
Acting Comm issioner
NOTICE
OF PUBLIC COMMENT
AND HEARING
Notice is hereby given that the Massachusetts Department of Energy Resources ("DOER"),
acting under statutory authority of Chapter 25A and Chapterl64 App.§§2-1 to 2-10 of the
General Laws, and in conformance with Chapter 30A of the General Laws, is holding a public
hearing on proposed amendments to portions of225 CMR 4.00 Residential Conservation Service
Program. The regulation requires all investor-owned utilities and municipal aggregators to
provide in-home energy efficiency services to their residential customers. The purpose of the
update is to change one provision to expand the market for small business to do more work in
multifamily homes, stimulate residential renewable energy use, and to provide process certainty
to small businesses. The regulation is being streamlined and updated to better integrate efficiency
and renewable energy opportunities into the Mass Save® residential in-home audit program.
The changes will also provide more consistent, comprehensive services to Massachusetts
residents regardless of the fuel being used to heat a building or the number of units in a building.
Finally, the proposed regulations seek to ensure that Mass Save® contractors provide quality
work to customers and have a transparent path in to and out of the program. A public hearing
will be conducted to receive verbal and written comments on the proposed regulations.
Location:
Gardner Auditorium, State House, Boston, MA 02133
Date:
January 26, 2015, 1:00pm-3:00pm
Oral and written testimony will be accepted at the hearing; however, parties are requested to
provide written copies of their testimony. Written comments will be accepted beginning on
January 16, 2015 and ending at 5 pm on February 6, 2015. Please submit written comments to
Lyn Huckabee, via mail to the Department of Energy Resources, 100 Cambridge Street, Suite
1020, Boston, MA 02114, or electronically to [email protected].
Copies of the
proposed regulations may be obtained from the DOER website www.mass.gov/doer or by
contacting Lyn Huckabee at [email protected].
BY ORDER OF:
Meg Lusardi, Acting Commissioner
Department of Energy Resources.
'
.....".,.;
"",,,.,
_. _··t·~'
,i
9
SMALL
BUSINESS
IMPACT
STATEMENT
In order to accurately predict the impact the adoption, amendment, or repeal of a regulation will have on small
businesses, the promulgating
authority must conduct a thorough analysis that not only considers the potential
effects of the action but also quantifies the costs, if any, associated with each. The questions below are designed to
aid promulgating authorities in conducting their analysis.
Agency
Submitting
Environmental
Subject
Regulation:
Department
of Energy
Resources
Conservation
Services
(DOER)
in the Executive
Office
of Energy
and
Affairs
Matter
Regulation
of Regulation:
Residential
No: 225 CMR 4.00
Statutory
Authority:
M.G.L.
c.164 App., §2;
as amended
by Sections
in the commonwealth
Other
Agencies
Other
Regulations
16.of Chapter
209, of the Acts of 2012, An Act relative
to competitively
("the 2012 Act") (http://www.malegislature.gov!Laws/SessionLaws/
Affected:
That
Massachusetts
Clean Energy Center,
May Duplicate
or Conflict
Massachusetts
with the Regulation:
priced electricity
Acts/20 12/Chapter209)
Department
of Public Utilities
None
Describe the Scope and Objectives
of the Regulation:
The regulation requires all investor-owned
utilities and
municipal aggregators
to provide in-home energy efficiency services to their residential customers.
It aligns with
the state's Energy Efficiency Investment Plan (EEIP) by providing the consumer protection skeleton around which
the EEl P builds economic flesh. The purpose of the update is to change one provision to expand the market for
small business to do more work in multifamily
homes, stimulate residential renewable energy use, and to provide
process certainty to small businesses.
In the process of updating these provisions, the regulation changed to be
more structurally
clear and to better reflect current market conditions.
The RCS regulation (225 CMR 4.00) is
being streamlined
and updated to better integrate efficiency and renewable energy opportunities
into the Mass
Save® residential in-home audit program.
The changes will also provide more consistent, comprehensive
services
to Massachusetts
residents regardless of the fuel being used to heat a building or the number of units in a building.
Finally, the proposed regulations seek to ensure that Mass Save® contractors
provide quality work to customers
and have a transparent path in to and out of the program.
Business
Industry(ies)
utility, residential
the residential
a voluntary
Types
by the Regulation:
efficiency
efficiency
service,
The industries
and renewable
most affected
energy service.
of Businesses
Included
electric
in the Industrvries):
and gas companies
home performance
to participate
Number
this program
programs.
standards,
Those small businesses
include
participating
in
energy fields do so on a voluntary basis as a means of participating
or renewable
contractors,
in the residential
of Small
Businesses
Regulated
are required
electric
home HV AC contractors,
conservation
Included
and gas companies,
to follow these regulations.
services
in the Regulated
program
will not face significant
however,
direct regulation
they are instructed
in
Such small contractors,
as determined
known as program
by an advisory
from this action.
committee,
vendors,
municipal
aggregators,
home insulation
energy
installers
do so voluntarily.
Please see the attached guidance
Industry(ies)
to work with small contractors,
Those
and home renewable
documents for assistance determining the total number of small businesses:
regulation;
by the regulations
program.
contractors,
Total
energy
energy
and municipal
choosing
Affected
Those
The utilities
small businesses
are directly
who participate
will be required
impacted
voluntarily
by the program
made up in part by representative
program
participating
in
by this
in the
to meet certain
vendors.
The
1
10
N A ICS code for the secondari Iy affected
industry is 236118 - Residential
Remodelers.
According
to the SBA,
there are 97 businesses in the Commonwealth
who qualify under this code but the classification does not
distinguish between general purpose remodelers and companies with the specific skills necessary to do work in the
RCS program.
Number
program
Effective
of Small Businesses Potentially Subject to the Proposed
is strictly voluntary for small businesses, as noted above.
Date Used In Cost Estimate:
Regulation:
None. Participation
in the
N/A
Yes
No
"Note: For each question, please answer 'yes" or "no" and offer a brief explanation. Please
describe any facts, data, views, arguments, or other input from small businesses,
organizations or any other sources that were used to quantify the impacts outlined be/ow.
Yes
No
D
~
Will small businesses have to create, file, or issue additional
reports?
The revisions are not
expected to adversely impact small business. Small energy efficiency businesses engage in this
program on a voluntary basis to gain financial incentives. The revisions will increase the
market size for their business and create certainty for planning purposes. Reporting
requirements remain largely unchanged for participants.
Program vendors may be asked to
submit certain additional
documents
documents will be determined
program vendors.
Yes
No
D
L8.J
Yes
No
D
L8.J
Yes
No
D
~
Yes
No
D
L8.J
Yes
No
D
L8.J
to be qualified
to participate
by an advisory committee,
in the program,
however,
such
made up in part by representative
Will small businesses have to implement additional
record keeping procedures?
The
revisions are not expected to adversely impact small business. Small energy efficiency
businesses engage in th is program on a voluntary basis to gain financial incentives. The
revisions will improve market conditions for their business. The regulations may spur
incidental changes in small business reporting to the regulated utility companies but the goal is
to actually reduce the overall volume of reporting.
Will small businesses
have to provide
additional
administrative
oversight?
The revisions
are not expected to adversely impact small business. Small energy efficiency businesses engage
in this program on a voluntary basis to gain financial incentives. The revisions will improve
market conditions for their business as the changes seek to streamline the process for utilities
and their program vendors.
Will small businesses have to hire additional employees in order to comply with the
proposed regulation?
The revisions are not expected to adversely impact small business.
Small energy efficiency businesses engage in this program on a voluntary basis to gain financial
incentives. The revisions will improve market conditions for their business in order to create a
more fertile industry for additional small business growth.
Does compliance
with the regulation require small businesses to hire other professionals
(e.g. a lawyer, accountant,
engineer, etc.)? The revisions are not expected to adversely
impact small business. Small energy efficiency businesses engage in this program on a
voluntary basis to gain financial incentives. For those choosing to participate, no additional
professional guidance is necessary.
Does the regulation
capital investments
to adversely
require small businesses to purchase a product or make any other
in order to comply with the regulation?
The revisions are not expected
impact small business.
Small energy efficiency
businesses
engage in this program
2
11
on a voluntary basis to gain financial
those participating small businesses.
Yes
o
No
0
incentives.
No capital improvements
will be necessary
for
Are performance
standards
more appropriate
than design standards?
The revisions are
not expected to adversely impact small business. Small energy efficiency businesses engage in
this program on a voluntary basis to gain financial incentives. The revisions will improve
market conditions
in regulation
businesses.
for their business.
Standards
to participate
in the voluntary
will be set with the advice of an advisory committee
program revised
made up of affected small
Yes
No
Does the regulation require small businesses to cooperate with audits, inspections, or other
regulatory
enforcement
activities?
Participating small vendors will continue to be subject
under this regulation to third party inspections subsequent to the installation of program
measures. No new or additional secondary inspections (by the regulated companies) than is
required under the current regulation.
Yes
No
Will the regulation have the effect of creating additional taxes and/or fees for small
businesses?
The revisions are not expected to adversely impact small business. Small energy
o
~
o ~
efficiency
businesses
engage in this program on a voluntary
The revisions will improve market conditions
Yes
o
Yes
o
No
0
No
0
Yes
No
~
0
Yes
No
o ~
Yes
No
o ~
basis to gain financial
incentives.
for their business with no new taxes or fees.
Does the regulation
require small businesses to provide educational
services to keep up to
date with regulatory
requirements?
The revisions are not expected to adversely impact small
business. Small energy efficiency businesses engage in this program on a voluntary basis to
gain financial incentives. The revisions will improve market conditions for their business. To
participate in the voluntary program revised in regulation, there may be a one-time training
requirement but the regulated utility companies will likely subsidize the cost. Program vendors
may be required by the program to meet certain standards, as determined by an advisory
committee, made up in pari by representative program vendors.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
The
revisions are not expected to adversely impact small business. Small energy efficiency
businesses engage in this program on a voluntary basis to gain financial incentives. The
revisions will improve market conditions for their business. The purpose of most of the changes
is to encourage the formation of small businesses doing this type of work.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
Small energy efficiency businesses engage in this program on a voluntary basis to gain financial
incentives. The revisions will improve market size and conditions for their business and afford
them an additional layer of certainty as they form or plan to expand.
Can the regulation provide for less stringent compliance or reporting requirements
for
small businesses? The revisions are not expected to adversely impact small business. Small
energy efficiency businesses engage in this program on a voluntary basis to gain financial
incentives. The revisions will improve market conditions for their business. The purpose of
these regulatory changes is to impart certainty on small business to make it easier to comply.
Can the regulation establish less stringent schedules or deadlines for compliance
or
reporting requirements
for small businesses?
The revisions are not expected to adversely
impact small business. Small energy efficiency businesses engage in this program on a
voluntary basis to gain financial incentives. The revisions will improve market conditions
for
3
12
their business.
Yes
No
0
~
Can the compliance
or reporting requirements
be consolidated
or simplified for small
businesses?
The revisions are not expected to adversely impact small business. Small energy
efficiency businesses engage in this program on a voluntary basis to gain financial incentives.
The revisions
will improve market conditions
for their business by modernizing
the regulations
to make them more user-friendly.
Yes
No
0
~
Yes
No
0
~
Can performance
standards
for small businesses replace design or operational
standards?
The revisions are not expected to adversely impact small business. Small energy efficiency
businesses engage in this program on a voluntary basis to gain financial incentives. The
revisions will improve market conditions for their business.
Are there alternative
regulatory
methods that would minimize the adverse impact on
small businesses?
The revisions are not expected to adversely impact small business. Small
incentives.
Yes
No
~
0
Yes
No
0
~
Yes
No
~
0
The revisions
will improve market conditions
for their business.
Were any small businesses or small business organizations
contacted during the
[f so, please describe.
DOER held two initial stakeholder
preparation
of this document?
meetings in June of20 14 where we outlined the policy objectives sought and solicited feedback
on the impacts. The small business community was aggressively recruited for participation in
this process. Many attended the meetings and a few submitted aggregated written comments,
wh ich have been incorporated into these changes where appropriate.
regulatory
methods that would minimize the adverse impact on
small businesses?
The revisions are not expected to adversely impact small business. Small
incentives. The revisions will improve market conditions for their business.
contacted during the
preparation
of this document?
If so, please describe.
DOER held two initial stakeholder meetings in June of2014 where we outlined the policy
objectives sought and solicited feedback on the impacts. The small business community was
aggressively recruited for participation in this process. Many attended the meetings and a few
submitted aggregated
where appropriate.
written comments,
which have been incorporated
into these changes
4
13
14
15
16
17
18
19
20
21
THE COMMONWEALTH
OF MASSACHUSETTS
EXECUTIVE
OFFICE OF LABOR & WORKFORCE
DEVELOPMENT
DEPARTMENT
OF INDUSTRIAL
ACCIDENTS
DEVAL L. PATRICK
GEORGE E. NOEL
Director
Governor
RACHEL
KAPRIELIAN
Secretary
HEARING NOTICE
PROPOSED REGULATION OF THE DEPARTMENT OF INDUSTRIAL ACCIDENTS
Pursuant to the provisions ofG.L. c. 30A, notice is hereby given ofthe following proposed action:
ADJUDICATORY RULES FOR CLAIMS AND COMPLAINTS BEFORE THE
DEPARTMENT OF INDUSTRIAL ACCIDENTS
Promulgation of 452 CMR 1.00
The Department ofIndustrial Accidents ("DIA") is conducting a public hearing to seek comment
from members of the regulated community and the general public on proposed regulations
making certain revisions to the Adjudicatory Rules under 452 CMR 1.00. The purpose of the
proposed regulations is to improve the practices and policies in the administration of the
Workers' Compensation Act, M.G.L. c. 152. Specifically, the proposed changes in the
regulations will improve access to the system for injured workers, help clarify certain wage
computational rules, expedite the claims process and establish more effective methods for the
provision of translation services for limited English proficient parties participating in the DIA
administrative law system.
DIA is taking this opportunity to invite you to attend the public hearing and provide comment on
the proposed regulation. The hearing will be held on Friday, January 30,2015, at 10:00 am in the
Minihan Hall on the Sixth Floor of the Charles F. Hurley Building, 19 Staniford Street, Boston,
Massachusetts 02114.
Interested parties may provide testimony at the hearing or may submit written comments. All
written comments must be received no later than the close of business on January 30, 2015,
presented in a legible manner, and addressed to George Noel, Director, Department of Industrial
Accidents, One Congress Street, 10th Floor, Boston, MA 02114-2017.
A copy of the proposed regulation is available upon written request to the above address, or may
be viewed online at http://www.mass.gov/dia.
Auxiliary aids and services or other reasonable accommodations for persons with disabilities are
available upon request. Please include a description ofthe accommodation you will need,
including as much detail as you can. Also include a way we can contact you if we need more
information. Please allow at least two weeks (14 days) advance notice. Last minute requests will
be accepted, but may be impossible to fulfill. Send an e-mail to Dennis Johnson
([email protected]),
Executive Office of Labor and Workforce Development
/Diversity/ADA Office or call 617/626-5111. For hearing-impaired relay services, call 1-800439-0183 or 711.
1 CONGRESS STREET, SUITE 100, BOSTON MA 02114
Tel. # (617) 727-4900 - www.mass.gov/dia
22
SMALL BUSINESS IMP ACT STATEMENT
businesses, the promulgating
authority must conduct a thorough analysis that not only considers the potential
effects of the action but also quantifies the costs,
aid promulgating
Agency Submitting
Regulation:
Department of Industrial Accidents ("DIA" or "Department")
Subject Matter of Regulation:
Regulation
Statutory
if any, associated with each. The questions below are designed to
authorities in conducting their analysis.
Adjudicatory Rules for DIA Dispute Resolution Process
No:
Authority:
Mass Gen Laws c. 152, § 5
Other Agencies Affected:
Other Regulations
None
That May Duplicate
or Conflict with the Regulation:
None
Describe the Scope and Objectives of the Regulation:
The purpose of the proposed regulations is to improve the
practices and policies in the administration of the Workers' Compensation Act, M.G.L. c. 152. Specifically, the
proposed changes in the existing regulations will improve access to the system for injured workers, help clarify
certain wage computational rules, expedite the claims process and establish more effective methods for the
provision of translation services for limited English proficient parties participating in the DIA administrative law
system.
Business Industrv(ies) Affected by the Regulation: All employers doing business in the Commonwealth and
employing workers are required under MGL c. 152, §25A to provide for the payment to its employees ofthe
compensation provided for under the Workers" Compensation Act by either being licensed to self-insure or by the
purchase of insurance. Any business operating in the Commonwealth with employees that experiences a workplace
injury, the result of which is a claim or complaint before the Department, potentially could be affected by the
proposed amendments to the adjudicatory regulations.
Types of Businesses Included
in the Industry(ies):
All covered businesses operating with employees in the
Commonwealth.
Total Number of Small Businesses Included in the Regulated Industry(ies) Please see the attached guidance
documents for assistance determining the total number of small businesses: Not able to be determined.
Number
of Small Businesses Potentially
Effective Date Used In Cost Estimate:
Yes
No
Subject to the Proposed
Regulation:
Not able to be determined.
Not applicable.
*Note: For each question, please answer 'yes" or "no" and offer a brief explanation.
Please
describe any facts, data, views, arguments, or other input from small businesses,
organizations or any other sources that were used to quantify the impacts outlined below.
3
23
Yes
No
D
X
Will small businesses have to create, file, or issue additional reports?
The proposed amendments to the regulations in 452 CMR 1.00 do not impose any requirement
for the creation, filing or issuance of additional reports by small businesses.
Yes
No
D
X
Yes
No
D
X
Will small businesses have to provide additional administrative
oversight?
No additional administrative oversight by small businesses would be required as a result of the
proposed amendments to the regulations.
Yes
No
D
X
proposed regulation?
No additional employees would be needed by small businesses as a result of the implementation
of the proposed amendments to the regulations.
Yes
No
D
X
Does compliance with the regulation require small businesses to hire other professionals
(e.g. a lawyer, accountant, engineer, etc.)?
Nothing in the proposed amendments to the regulations would require small businesses to hire
other professionals that would not otherwise be retained in the existing dispute resolution
administrative processes at the Department.
Yes
No
Does the regulation
D
X
capital investments in order to comply with the regulation?
No product or capital investments would be required as a result of the proposed amendments to
the regulations.
Yes
No
D
X
Are performance
Not Applicable
Yes
No
D
X
Will small businesses have to implement additional recordkeeping procedures?
The proposed amendments to existing regulations will not add to any recordkeeping
for small businesses.
have to hire additional
employees in order to comply with the
require small businesses to purchase
standards
obligations
more appropriate
a product or make any other
Does the regulation require small businesses to cooperate
other regulatory enforcement activities?
with audits, inspections,
or
No.
Yes
No
D
X
Yes
No
D
X
Yes
No
D
X
Will the regulation have the effect of creating additional taxes and/or fees for small
businesses?
The Workers' Compensation dispute resolution system in Massachusetts is not funded by taxes
and the proposed regulations will not impose any additional taxes. Nothing in the proposed
amendments to the existing regulations would impose any fees on small businesses.
Does the regulation require small businesses to provide educational services to keep up to
date with regulatory requirements?
The proposed regulations do not impose any requirement for educational services relative to
these very modest changes to existing regulatory guidance.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
The proposed regulations will make the Workers' Compensation dispute resolution system
more efficient, predictable and effective and would be expected to improve the climate for
small business operations in the Commonwealth.
4
24
Yes
No
D
X
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
Although the proposed amendments to existing regulations are likely to improve the overall
performance of the Workers' Compensation dispute resolution system in the Commonwealth
and benefit all parties to the process, including small businesses, the regulations being amended
are rather modest in scope and impact and therefore not likely to have a material effect that
would encourage the formation of a small business in Massachusetts.
Yes
No
D
X
Yes
No
Can the regulation
D
X
reporting requirements for small businesses?
To the extent that these proposed amendments to current regulations do not materially alter any
existing compliance or reporting requirements imposed upon small businesses by current law,
there would be no change in such schedules or deadlines.
Yes
No
X
D
Can the compliance or reporting requirements be consolidated or simplified for small
businesses?
The proposed simplification and clarification with respect to the calculation of average weekly
wages for purposes of the Workers' Compensation dispute resolution adjudicatory system
meets this objective.
Yes
No
D
X
Yes
No
0
X
Yes
No
D
X
Can the regulation provide for less stringent compliance or reporting requirements for
small businesses?
The proposed amendments to existing regulations do not alter or abate any compliance or
reporting obligations of small businesses under the existing Workers' Compensation
adjudication rules.
Can performance
Not applicable.
establish
standards
less stringent
schedules or deadlines
for small businesses
for compliance
replace design or operational
or
standards?
Are there alternative regulatory methods that would minimize the adverse impact on
small businesses?
The scope and impact of these proposed amendments to existing regulations are very modest
and are expected to improve the overall dispute resolution process at the Department and
therefore are not viewed as having an adverse impact on small businesses.
preparation of this document? If so, please describe.
No.
contacted
during the
5
25
n~
~,,#,~;,cr~~
~~~g;~J?~
e~~9~,
(JI~, ~
9~
Deval L. Patrick
Governor
~~
~
~/~tJ/
tJ..?/tJcf-/o/cf
?..??-JI..?tJtJ
f6'/;:)
(0/;:) ?.??S?~.?
(0/;;)
?.??-tJtJ/,9
Andrea J. Cabral
Secretary
Thomas G. Gatzunis,
Commissioner
P.E.
~.~~/~
NOTICE
OF PUBLIC HEARING
Under the provisions of M.G.L. c. 30A, the Department of Public Safety ("Department")
will hold a public
hearing for the purpose of gathering comments, ideas, and information concerning the following regulation:
520 CMR 5.00,
et seq.
Chapter 305 of the Acts of2014 inserted a paragraph into M.G.L. c. 140 § 205A, the amusements statute,
requiring licensure to operate certain types of rock climbing walls and requiring the Commissioner
of the
Department of Public Safety to adopt regulations to implement the new statutory requirements.
Specifically, the
amended statute requires a license to operate "a portable fabricated rock climbing wall, including an inflatable
wall, with a height in excess of 12 feet"; requires that all climbers be fitted with a safety harness and belay
system; requires that all such inflatable rock climbing walls be equipped with an inflatable protective base and
guardrail surrounding the base of the wall; and requires that all users wear protective headgear. In accordance
with the amended statute, the Department's
proposed regulations include minimum requirements for belay
systems and whether such systems shall be automatic or not; minimum training requirements for those operating
belay systems; specifications for surface conditions or preparation, including the installation of protective mats
around the perimeter of a non-inflatable
climbing wall; specifications for the height and width requirements for
an inflatable base and guardrail for inflatable climbing walls; minimum requirements for achor support systems
for inflatable and non-inflatable climbing walls; and the use of protective headgear.
Scheduled
Hearing Date:
January 30, 2015, at 10:00 AM
Location:
One Ashburton
Place, Ashburton
Cafe Conference
Room, Plaza Level, Boston, MA 02108
Copies of the proposed regulation may be obtained from the Department's
website at www.mass.gov/dps
or
from the Department of Public Safety, One Ashburton Place, Room 1301, Boston, MA 02108. Anyone who
desires to be heard on these matters should appear at the designated time and place or forward written comments
by February 6, 2015, to the Department of Public Safety, Attn Sharlia Bennett, One Ashburton Place, Room
1301, Boston, MA 02108.
z- t~Vr S!Ol
Wd
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,
,
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26
'1'J\1
I
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':'")..Irj'''''
~~'.J~~
-.J
-<
SMALL
BUSINESS
IMPACT
STATEMENT
businesses, the promulgating authority must conduct a thorough analysis that not only considers the potential
effects of the action but also quantifies the costs, if any, associated with each. The questions below are designed to
aid promulgating authorities in conducting their analysis.
Agency Submitting
Subject
Matter
Regulation
Statutory
Regulation:
of Regulation:
Department
Amusement
of Public Safety
Regulations
No: 520 CMR 5
Authority:
Other
Agencies
Other
Regulations
M.G.L. c. 140 § 205A; Chapter 305 of the Acts of20 14
Affected:
None
That May Duplicate
or Conflict
with the Regulation:
None
Describe the Scope and Objectives
of the Regulation:
The purpose of 520 CMR 5 is to provide reasonable
standards for the design, construction,
inspection and operation of amusement devices for the safety of the public.
Business Industry(ies)
industry and mechanics
Affected
servicing
by the Regulation:
amusement devices.
Industries
affected by this regulation
are the amusement
Types of Businesses Included in the Industry(ies):
The.types of businesses included in these industries
amusement parks and businesses employing amusement device maintenance mechanics.
include
Total Number of Small Businesses Included in the Regulated Industry(ies)
Please see the attached guidance
documents for assistance determining the total number ofsmall businesses: The Department's
records indicate that
there are less than 50 small businesses included in the rock climbing wall subset of the regulated industry.
Number of Small Businesses Potentially
Subject
indicate that there are less than 50 small businesses
to the Proposed Regulation:
The Department's
potentially subject to the proposed regulation.
Effective
20 14
Date Used In Cost Estimate:
November
records
Yes
No
"Note: For each question, please answer 'yes" or "1'10" and offer a brief explanation. Please
describe any facts, data, views, arguments, or other inputfront small businesses,
organizations or any other sources tltat were used to quantify tile impacts outlined below.
Yes
No
[gJ
0
Small businesses
Yes
No
have to create,
file, or issue additional
may have to create, file, or issue additional
have to implement
additional
reports?
reports.
record keeping
procedures?
1
27
[gJ
0
Yes, small businesses
Yes
No
0
[gJ
No additional
Yes
No
0
[gJ
proposed
Yes
No
0
[gJ
have to provide
administrative
oversight
additional
additional
recordkeeping
administrative
procedures.
oversight?
will be required as a result of this regulation.
have to hire additional
employees
in order
to comply
with the
regulation?
Small businesses
proposed
will need to implement
will not need to hire additional
employees
in order to comply with the
regu lation.
Does compliance with the regulation
(e.g. a lawyer, accountant,
engineer,
Small businesses
require
etc.)?
small businesses
will not be required to hire additional
to hire other professionals
professionals
in order to comply with
this regulation.
Yes
No
[gJ
0
Does the regulation
capital investments
require small businesses to purchase a product
in order to comply with the regulation?
or make any other
Yes, small businesses will be required to purchase helmets, belay devices, pads, and guardrails
in order to comply with this regulation.
Yes
No
Are performance
0
[gJ
An analysis of performance
Yes
No
[gJ
0
standards
Does the regulation
other regulatory
No
require
0
[gJ
Will the regulation
businesses?
No
0
~
Is the regulation
0
[gJ
The regulation
Yes
No
Is the regulation
0
[gJ
The regulation
Yes
No
Can the regulation
0
[gJ
of
creating
additional
taxes or fees associated
with audits,
inspections,
or
requirements
to provide
associated
likely to deter the formation
fees for small
services
to keep up to
with this regulation.
in Massachusetts?
of small businesses.
likely to encourage the formation
provide
educational
of small businesses
is not likely to deter the formation
is not likely to encourage
taxes and/or
with this regulation.
require small businesses
requirements?
There are no educational
No
to cooperate
to this regulation.
activities?
have the effect
Does the regulation
date with regulatory
Yes
small businesses
is not applicable
will be subject to inspections.
There are no additional
Yes
versus design standards
enforcement
Yes, small businesses
Yes
more appropriate
of small businesses
in Massachusetts?
the formation of small businesses.
for less stringent
compliance
or reporting
requirements
for
small businesses?
2
28
This regulation imposes the same compliance requirements with respect to licensing
licensees, regardless of whether they are employed by a small business.
Yes
No
0
~
Can the regulation
reporting
establish
requirements
The schedule
less stringent
schedules
or deadlines
on all
for compliance
or
for small businesses?
for compliance
with the licensing
requirement
is set forth in the governing
statute
and thus cannot be altered in the regulation.
Yes
No
0
[gJ
Can the compliance
businesses?
or reporting
requirements
be consolidated
Compliance requirements cannot be simplified for small businesses
requirements are set forth in the governing statute.
Yes
No
Can performance
0
~
An analysis of performance,
regulation.
Yes
No
0
[gJ
small businesses?
The regulation
Yes
No
0
~
standards
for small businesses
design, and operational
regulatory
is required
Were any small businesses
methods
replace
for small
given that the licensing
design or operational
standards
that would
or simplified
is not applicable
minimize
the adverse
standards?
to this
impact
on
by Chapter 305 of the Acts of 2014.
or small business
organizations
contacted
during
the
3
29
30
31
32
33
34
35
2015
CUMULATIVE TABLE TO
THE MASSACHUSETTS REGISTER
1277 - 1278
The cumulative Table lists all regulations and amendments thereto published in the Massachusetts
Register during the current year. The Table is published in each Register.
State agencies are listed in the Table as they appear in the Code of Massachusetts Regulations (CMR or
Code) in CMR numerical order which is based on the cabinet structure. For example, all Human Service
agencies are prefaced by the number “1" and are designated as 101 CMR through 130 CMR.
The Cumulative Tables published in the last issue of previous years will have a listing of all regulations
published for that year. These Registers are:
April 6, 1976 - 1977
Register: # 88
Date: 1997 Register: # 833
1978
138
1998
859
1979
193
1999
885
1980
241
2000
911
1981
292
2001
937
1982
344
2002
963
1983
396
2003
989
1984
448
2004
1016
1985
500
2005
1042
1986
546
2006
1068
1987
572
2007
1094
1988
598
2008
1120
1989
624
2009
1146
1990
650
2010
1172
1991
676
2011
1198
1992
702
2012
1124
1993
729
2013
1250
1994
755
2014
1276
1995
871
1996
Supp. # 2 807
Issue
101 CMR
206.00
306.00
Executive Office of Health and Human Services
Standard Payments to Nursing Facilities - Emergency. . . . . . . . . . . . . 1278
Rates of Payment for Mental Health Services
- Emergency Refile (MA Reg. # 1258). . . . . . . . . . . . . . . . . . . . . . . . . 1278
Effective
Date
1/1/15
3/27/14
67
Issue
Effective
Date
103 CMR
483.00
Visiting Procedures - Emergency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1278
12/23/14
105 CMR
150.000
Department of Public Health
Licensing of Long-term Care Facilities
- Correction (MA Reg. # 1276). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
Licensure of Adult Day Health Programs. . . . . . . . . . . . . . . . . . . . . . . 1277
Massachusetts Immunization Information System (MIIS). . . . . . . . . . 1277
12/19/14
1/2/15
1/2/15
158.000
222.000
114 CMR
114.3
6.00
Division of Health Care Finance and Policy
Rates of Payment for Mental Health Services Provided in
Community Health Centers and Mental Health Centers
- Emergency Refile (MA Reg. # 1258). . . . . . . . . . . . . . . . . . . . . . . . . 1278
3/27/14
450.000
484.000
485.000
Community Health Centers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
Pharmacy Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
Outpatient Hospital Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
Acute Inpatient Hospital Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
Hearing Instrument Specialist Services. . . . . . . . . . . . . . . . . . . . . . . . S1277
Family Planning Agency Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
Freestanding Ambulatory Surgery Center Services.. . . . . . . . . . . . . . S1277
Podiatrist Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
Audiologist Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
Mental Health Center Services - Emergency Refile (MA Reg. # 1258).1278
Physician Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
Administrative and Billing Regulations. . . . . . . . . . . . . . . . . . . . . . . S1277
Abortion Clinic Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
Sterilization Clinic Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
1/2/15
1/2/15
1/2/15
1/2/15
1/2/15
1/2/15
1/2/15
1/2/15
1/2/15
1/2/15
1/2/15
3/27/14
1/2/15
1/2/15
1/2/15
1/2/15
1/2/15
209 CMR
32.00
Division of Banks and Loan Agencies
Disclosure of Consumer Credit Costs and Terms. . . . . . . . . . . . . . . . . 1277
1/2/15
211 CMR
121.00
Procedures Concerning Rate Filings Made Pursuant to
M.G.L. c. 176k, and the Conduct of Hearings on Such Filings.. . . . . . 1278
Life and Health Insurance Agreements. . . . . . . . . . . . . . . . . . . . . . . . . 1277
1/16/15
1/2/15
Energy Management Services (EMS) Contracts Requests for
Qualifications Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1278
1/16/15
130 CMR
405.000
406.000
410.000
415.000
416.000
421.000
423.000
424.000
426.000
429.000
433.000
129.00
225 CMR
19.00
68
Issue
Effective
Date
243 CMR
2.00
Board of Registration in Medicine
Licensing and the Practice of Medicine. . . . . . . . . . . . . . . . . . . . . . . . 1277
1/2/15
301 CMR
41.00
Toxic or Hazardous Substance List. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1278
1/16/15
310 CMR
7.00
30.000
60.00
70.00
80.00
Air Pollution Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S1277
Hazardous Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1278
GWSA Requirements for the Transportation Sector and MassDOT. S1277
Environmental Results Program Certification.. . . . . . . . . . . . . . . . . . . 1278
Underground Storage Tank Systems. . . . . . . . . . . . . . . . . . . . . . . . . . S1277
1/2/15
1/16/15
1/2/15
1/16/15
1/2/15
321 CMR
5.00
Division of Fisheries and Wildlife
Coldwater Fish Resources - Correction (MA Reg. # 1275). . . . . . . . . 1277
12/5/14
454 CMR
25.00
27.00
Occupational Safety and Health for State Workers.. . . . . . . . . . . . . . . 1278
Minimum Wage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1278
1/16/15
1/16/15
455 CMR
2.00
Division of Occupational Safety
Minimum Wage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1278
1/16/15
502 CMR
5.00
Permit and Inspection Requirements of Aboveground Storage
Tanks of More than Ten Thousand Gallons Capacity.. . . . . . . . . . . . . 1278
1/16/15
527 CMR
1.00
2.00
3.00
4.00
5.00
6.00
7.00
8.00
9.00
10.00
11.00
13.00
Board of Fire Prevention Regulations
Massachusetts Comprehensive Fire Safety Code. . . . . . . . . . . . . . . . . 1277
The Manufacture, Storage, Transportation and Use of Fireworks. . . . 1277
Dry Cleaning and Dry Dyeing and the Keeping, Storage and Use of
Cleaning and Dyeing Fluids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
Oil Burning Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
Operation and Maintenance of Buildings or Other Structures Used
as Garages, Service Stations and the Related Storage, Keeping and Use
of Gasoline or Other Motor Fuel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
Liquified Petroleum Gas Containers and Systems . . . . . . . . . . . . . . . . 1277
Manufacture and Handling of Plastics.. . . . . . . . . . . . . . . . . . . . . . . . . 1277
Transportation of Flammable and Combustible Liquids. . . . . . . . . . . . 1277
Tanks and Containers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
Fire Prevention, General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
Commercial Cooking Operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
Explosives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
69
14.00
15.00
16.00
17.00
18.00
19.00
20.00
21.00
22.00
23.00
24.00
25.00
26.00
27.00
28.00
29.00
30.00
31.00
32.00
33.00
34.00
35.00
37.00
38.00
39.00
40.00
49.00
50.00
540 CMR
2.00
Issue
Effective
Date
1277
1/1/15
1277
1277
1277
1277
1277
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1277
1/1/15
1277
1277
1/1/15
1/1/15
1277
1/1/15
1277
1/1/15
1277
1277
1277
1277
1/1/15
1/1/15
1/1/15
1/1/15
1277
1277
1277
1277
1277
1277
1277
1277
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1/1/15
1277
1277
1/1/15
1/1/15
1277
1277
1277
1/1/15
1/1/15
1/1/15
Motor Vehicle Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1278
1/16/15
Flammable and Combustible Liquids, Flammable Solids or
Flammable Gases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Use, Storage and Handling of Flammable and Combustible
Liquids on Waters of the Commonwealth, Including Requirements
for Marine Fueling Facilities, Mobile Marine Fuel Vehicles, Fuel
Barges and Fuel Vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Model Rockets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Forest Products. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Flammable Liquids in Bulk Plant Loading and Unloading Facilities. .
Tentage.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use and Maintenance of Temporary Portable Space Heating
Devices and Equipment Used in the Construction Industry. . . . . . . . .
Decorations, Curtains, Draperies, Blinds and Other Window
Treatments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Canon or Mortar Firing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Issuance of Certificates for the Servicing of Portable Fire
Extinguishers and the Installing and Servicing of Fixed Fire
Extinguishing Systems.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fire Warning Systems Installed in Building Within the
Commonwealth of Massachusetts. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Obstructions and Hazards in Certain Buildings and on Public
and Private Ways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compressed Natural Gas Containers and Systems. . . . . . . . . . . . . . . .
Emergency and Standby Power Systems. . . . . . . . . . . . . . . . . . . . . . . .
Combustible Fibers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Upholstered Furniture, Molded Seating and Re-upholstered
Furniture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unvented Propane or Natural Gas-fired Space Heaters. . . . . . . . . . . .
Carbon Monoxide Alarms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approved Smoke Detectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hazardous Material Process or Processing. . . . . . . . . . . . . . . . . . . . . .
Rubbish Handling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crop Ripening or Color Processes.. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pesticide Storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Minimum Standards for Motion Picture and Television Production
Studio Soundstages, Production Facilities, Production Locations
and Activities Relating Thereto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Welding and Cutting Processes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspection, Testing and Maintenance of Water-based Fire
Protection Systems.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appendices.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitions for Adoption, Amendment or Repeal of Regulations. . . . . . .
70
Issue
Effective
Date
760 CMR
67.00
Department of Housing and Community Development
Eligibility for Emergency Assistance (EA). . . . . . . . . . . . . . . . . . . . . . 1277
1/2/15
780 CMR
51.00
Board of Building Regulations and Standards
Massachusetts Residential Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
1/2/15
801 CMR
4.00
Rates.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1278
1/16/15
830 CMR
63.00
63.00
63.00
63.00
63.00
Department of Revenue
Taxation of Corporations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S1277
S1277
S1277
S1277
S1277
1/2/15
1/2/15
1/2/15
1/2/15
1/2/15
958 CMR
7.00
Health Policy Commission
Notices of Material Change and Cost and Market Impact Reviews. . . 1277
1/2/15
970 CMR
1.00
2.00
3.00
Office of Campaign and Political Finance
Campaign Finance Activity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
Political Expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
Rules of Procedure.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1277
1/2/15
1/2/15
1/2/15
71
Docket #
William Francis Galvin
Secretary of the Commonwealth
Regulation Filing
To be completed by filing agency
CHAPTER NUMBER:
101 CMR 206.00
CHAPTER TITLE:
Standard Payments to Nursing Facilities
AGENCY:
SUMMARY OF REGULATION:
State the general requirements and purposes of this regulation.
101 CMR 206.00 governs the payments for services to publicly aided and Industrial Accident residents
by nursing facilities (NFs), including residents in a residential care unit of a NF.
REGULATORY AUTHORITY:
M.G.L. chs. 118E and 12C
AGENCY CONTACT:
Deborah Briggs, MassHealth Publications
ADDRESS:
100 Hancock Street, Quincy, MA 02171
PHONE:
617-847-3302
Compliance with M.G.L. c. 30A
EMERGENCY ADOPTION -
if this regulation is adopted as an emergency, state the nature of the emergency.
The amendments are required to implement the Governor's exercise of authority under M.G.L. c. 29,
s. 9C.
PRIOR NOTIFICATION AND/OR APPROVAL -
If prior notification to and/or approval of the Governor,
Legislature or others was required, list each notification, and/or approval and date, including notice to the Local
Government Advisory Commission.
Executive Order 485 approval: 12/11/14
Executive Order 145 notification: 12/19/14
PUBLIC REVIEW -
M.G.L. c. 30A sections 2 and/or 3 requires notice of the hearing or comment period,
including a small business impact statement, be filed with the Secretary of the Commonwealth, published in
appropriate newspapers, and sent to persons to whom specific notice must be given at least 21 days prior to
such hearing or comment period.
Date of public hearing or comment period:
n/a
37
97
FISCAL EFFECT -
Estimate the fiscal effect of the public and private sectors.
For the first and second year:
estimated decrease in expenditures of $9.1 to $9.3 million for remainder of
current fiscal year
For the first five years:
No fiscal effect:
SMALL BUSINESS IMPACT -
M.G.L. c. 30A section 5 requires each agency to file an amended small
business impact statement with the Secretary of the Commonwealth prior to the adoption of a proposed
regulation. If the purpose of this regulation is to set rates for the state, this section does not apply.
n/a
Date amended small business impact statement was filed:
CODE OF MASSACHUSETTS REGULATIONS INDEX -
List key subjects that are relevant to this regulation:
PROMULGATION -
State the action taken by this regulation and its effect on existing provisions of the Code
of Massachusetts Regulations (CMR) or repeal, replace or amend. List by CMR number:
101 CMR 206.00 is amended.
ATTESTATION -
The regulation described herein and attached hereto is a true copy of the regulation
adopted by this agency.
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Dec 31 2014
DATE:
01/16/2015
Publication - To be completed by the Regulations Division
MASSACHUSETTS REGISTER NUMBER:
EFFECTIVE DATE:
1278
01/01/2015
CODE OF MASSACHUSETTS REGULATIONS
Remove these pages:
This is an Emergency
Regulation.
Insert these pages:
There are no Replacement
Pages.
12/31/2014
38
mrs
101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
101 CMR 206.00:
STANDARD PAYMENTS TO NURSING FACILITIES
Section
206.01:
206.02:
206.03:
206.04:
206.05:
206.06:
206.08:
206.09:
General Provisions
General Definitions
General Payment Provisions
Nursing and Other Operating Costs
Capital
Other Payment Provisions
Reporting Requirements
Special Provisions
206.01: General Provisions
(1) Scope and Purpose. 101 CMR 206.00 governs the payments effective January 1, 2015, for
services rendered to Publicly Aided and Industrial Accident Residents by Nursing Facilities
including residents in a Residential Care Unit of a Nursing Facility. 101 CMR 206.00 does not
govern nursing facility payments pursuant to a contract with the Office of Medicaid.
(2) Authority. 101 CMR 206.00 is adopted pursuant to M.G.L. c. 118E.
206.02: General Definitions
As used in 101 CMR 206.00, unless the context requires otherwise, terms have the following
meanings. All defined terms in 101 CMR 206.00 are capitalized.
Actual Utilization Rate. The occupancy of a Nursing Facility calculated by dividing total Patient
Days by Maximum Available Bed Days.
Additions. New Units or enlargements of existing Units that may or may not be accompanied
by an increase in Licensed Bed Capacity.
Administrative and General Costs. Administrative and General Costs include the amounts
reported in the following accounts: administrator salaries; payroll taxes - administrator; worker's
compensation - administrator; group life/health - administrator; administrator pensions; other
administrator benefits; clerical; EDP/payroll/bookkeeping services; administrator-in-training;
office supplies; phone; conventions and meetings; help wanted advertisement; licenses and dues,
resident-care related; education and training - administration; accounting - other; insurance malpractice; other operating expenses; realty company variable costs; management company
allocated variable costs; and management company allocated fixed costs.
Administrator-in-training. A person registered with the Board of Registration of Nursing Home
Administrators and involved in a course of training as described in 245 CMR: Board of
Registration in Nursing Home Administrators.
Audit. An examination of the Provider's cost report and supporting documentation to evaluate
the accuracy of the financial statements and identification of Medicaid patient-related costs.
Base Year. The calendar year used to compute the standard payments.
Building Costs. Building Costs include the direct cost of construction of the structure that
houses residents and expenditures for service Equipment and fixtures such as elevators,
plumbing, and electrical fixtures made a permanent part of the structure. Building Costs also
include the cost of bringing the Building to productive use, such as permits, engineering and
architect's fees, and certain legal fees. Building Costs include interest paid during construction
to Building Costs but not Mortgage Acquisition Costs.
Capital Costs. Capital Costs include Building Depreciation, Financing Contribution, Building
Insurance, Real Estate Taxes, non-income portion of Massachusetts Corp. Excise Taxes, Other
Rent, and Other Fixed Costs.
1/16/15 (Effective 1/1/15)
401
EMERGENCY
206.02: continued
Case-mix Category. One of six categories of resident acuity that represents a range of
Management Minutes.
Center. The Center for Health Information and Analysis established under M.G.L. c. 12C.
Change of Ownership. A bona fide transfer, for reasonable consideration, of all the powers and
indicia of ownership. A Change of Ownership may not occur between Related Parties. A
Change of Ownership must be a sale of assets of the Provider rather than a method of financing.
A change in the legal form of the Provider does not constitute a Change of Ownership unless the
other criteria are met.
CMS. The federal Centers for Medicare & Medicaid Services.
Constructed Bed Capacity. A Nursing Facility's "Bed Capacity (or Clinical Bed Capacity)" as
defined in the Department's regulation 105 CMR 100.020: Definitions, which states: the capacity
of a building to accommodate a bed and the necessary physical appurtenances in accordance with
the applicable standards imposed as a condition of operation under state law. It includes rooms
designed or able to accommodate a bed and necessary physical appurtenances, whether or not
a bed and all such appurtenances are actually in place, with any necessary utilities (e.g., drinking
water, sprinkler lines, oxygen, electric current) with either outlets or capped lines within the
room.
Department. The Massachusetts Department of Public Health.
Direct Restorative Therapy. Services of physical therapists, occupational therapists, and speech,
hearing, and language therapists provided directly to individual Residents to reduce physical or
mental disability and to restore the Resident to maximum functional level. Direct Restorative
Therapy Services are provided only upon written order of a physician, physician assistant, or
nurse practitioner who has indicated anticipated goals and frequency of treatment to the
individual Resident. Direct Restorative Therapy Services include supervisory, administrative,
and consulting time associated with provision of the services. These include, but are not limited
to, reviewing preadmission referrals, informally communicating with families, scheduling
treatments, completing resident care documentation including MDS documentation, screening
of patients, writing orders, meeting with aides to discuss patients, consulting with physicians and
nurse practitioners, managing equipment, and assessing equipment needs of patients.
EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.
Equipment. A fixed asset, usually moveable, accessory or supplemental to the Building,
including such items as beds, tables, and wheelchairs.
Financing Contribution. Payment for the use of necessary capital assets whether internally or
externally funded.
Generally Available Employee Benefits. Employee benefits that are nondiscriminatory and
available to all full-time employees.
Hospital-based Nursing Facility. A separate Nursing Facility Unit or Units located in a hospital
building licensed for both hospital and Nursing Facility services in which the Nursing Facility
licensed beds are less than a majority of the facility's total licensed beds and the Nursing Facility
patient days are less than a majority of the facility's total patient days. It does not include
freestanding Nursing Facilities owned by hospitals.
Improvements. Expenditures that increase the quality of the Building by rearranging the
Building layout or substituting improved components for old components so that the Provider
is in some way better than it was before the renovation. Improvements do not add to or expand
the square footage of the Building. An improvement is measured by the Provider's increased
productivity, greater capacity, or longer life.
1/16/15 (Effective 1/1/15)
402
EMERGENCY
206.02: continued
Indirect Restorative Therapy. Indirect Restorative Therapy Services consist only of services of
physical therapists, occupational therapists, and speech, hearing, and language therapists to
provide the following: orientation programs for aides and assistants; in-service training to staff;
consultation and planning for continuing care after discharge; preadmission meetings with
families; quality improvement activities such as record reviews, analysis of information and
writing reports; personnel activities including hiring, firing, and interviewing; rehabilitation staff
scheduling; and attending team meetings including quality improvement, falls, skin team, daily
admissions, interdisciplinary, departmental staff, discharge planning, and family meetings when
resident is not present.
Industrial Accident Resident. A person receiving Nursing Facility services for which an
employer or an insurer is liable under the workers' compensation act, M.G.L. c. 152.
Land Costs. Land Costs include the purchase price plus the cost of bringing land to a productive
use including, but not limited to, commissions to agents, attorneys' fees, demolition of Buildings,
clearing and grading the land, constructing access roads, off-site sewer and water lines, and
public utility charges necessary to service the land; and land Improvements completed before the
purchase. The land must be necessary for the care of Publicly Aided Residents.
Licensed Bed Capacity. The number of beds for which the Nursing Facility is either licensed by
the Department of Public Health pursuant to 105 CMR 100.020: Definitions, or for a Nursing
Facility operated by a government agency, the number of beds approved by the Department. The
Department issues a license for a particular level of care.
Major Addition. A newly constructed addition to a Nursing Facility that increases the Licensed
Bed Capacity of the facility by 50% or more.
Management Minutes. A method of measuring resident care intensity, or case mix, by discrete
care-giving activities or the characteristics of residents found to require a given amount of care.
Management Minutes Questionnaire. A form used to collect resident care information including
but not limited to case-mix information as defined by the MassHealth agency.
Massachusetts Corporate Excise Tax. Those taxes that have been paid to the Massachusetts
Department of Revenue in connection with the filing of Form 355A, Massachusetts Corporate
Excise Tax Return.
Maximum Available Bed Days. The total number of licensed beds for the calendar year,
determined by multiplying the Mean Licensed Bed Capacity for the calendar year by the days in
the calendar year.
Mean Licensed Bed Capacity. A Provider's weighted average Licensed Bed Capacity for the
calendar year, determined by multiplying Maximum Available Bed Days for each level of care
by the number of days in the calendar year for which the Nursing Facility was licensed for each
level and adding the Maximum Available Bed Days for each level and dividing the total
Maximum Available Bed Days by the number of days in the calendar year.
Mortgage Acquisition Costs. Those costs (such as finder's fees, certain legal fees, and filing
fees) necessary to obtain long-term financing through a mortgage, bond, or other long-term debt
instrument.
New Facility. A facility that opens after October 1, 2013. A Replacement Facility is not a New
Facility.
Nursing Costs. Nursing costs include the Reported Costs for Director of Nurses, Registered
Nurses, Licensed Practical Nurses, Nursing Aides, Nursing Assistants, Orderlies, Nursing
Purchased Services, and the Workers Compensation expense, Payroll Tax expense, and Fringe
Benefits, including Pension Expense, associated with those salaries.
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206.02: continued
Nursing Facility. A nursing or convalescent home; an infirmary maintained in a town; a
charitable home for the aged, as defined in M.G.L. c. 111, § 71; or a Nursing Facility operating
under a hospital license issued by the Department pursuant to M.G.L. c. 111, and certified by the
Department for participation in MassHealth. It includes facilities that operate a licensed
residential care Unit within the Nursing Facility.
Other Fixed Costs. Other Fixed Costs include Real Estate Taxes, Personal Property Taxes on
the Nursing Facility Equipment, the Non-income portion of the Massachusetts Corporate Excise
tax, Building Insurance, and Rental of Equipment located at the facility.
Other Operating Costs. Other Operating Costs include, but are not limited to the following
reported costs: plant, operations and maintenance; dietary; laundry; housekeeping; ward clerks
and medical records librarian; medical director; Advisory Physician; Utilization Review
Committee; Employee Physical Exams; Other Physician Services; House Medical Supplies Not
Resold; Pharmacy Consultant; Social Service Worker; Indirect Restorative and Recreation
Therapy Expense; Other Required Education; Job Related Education; Quality Assurance
Professionals; Management Minute Questionnaire Nurses; Staff Development Coordinator;
Motor Vehicle Expenses including, but not limited to depreciation, mileage payments, repairs,
insurance, excise taxes, finance charges, and sales tax; and Administrative and General Costs.
Patient Days. The total number of days of occupancy by residents in the facility. The day of
admission is included in the computation of Patient Days; the day of discharge is not included.
If admission and discharge occur on the same day, one resident day is included in the
computation. It includes days for which a Provider reserves a vacant bed for a Publicly Aided
Resident temporarily placed in a different care situation, pursuant to an agreement between the
Provider and the MassHealth agency. It also includes days for which a bed is held vacant and
reserved for a non-Publicly Aided Resident.
Private Nursing Facility. A Nursing Facility that formerly served only non-Medicaid residents
and does not have a Provider agreement with the MassHealth agency to provide services to
public Residents.
Provider. A Nursing Facility providing care to Publicly Aided Residents or Industrial Accident
Residents.
Prudent Buyer Concept. The assumption that a purchase price that exceeds the market price for
a supply or service is an unreasonable cost.
Publicly Aided Resident. A person for whom care in a Nursing Facility is in whole or in part
subsidized by the Commonwealth or a political subdivision of the Commonwealth. Publicly
Aided Residents do not include residents whose care is in whole or in part subsidized by
Medicare.
Related Party. An individual or organization associated or affiliated with, or that has control of,
or is controlled by, the Provider; or is related to the Provider, or any director, stockholder,
trustee, partner, or administrator of the Provider by common ownership or control or in a manner
specified in §§ 267(b) and (c) of the Internal Revenue Code of 1954 provided, however, that 10%
is the operative factor as set out in §§ 267(b)(2) and (3). Related individuals include spouses,
parents, children, spouses of children, grandchildren, siblings, fathers-in-law, mothers-in-law,
brothers-in-law, and sisters-in-law.
Replacement Facility. A Nursing Facility licensed prior to January 1, 2002, that replaces its
entire building with a newly constructed facility pursuant to an approved Determination of Need
under 105 CMR 100.505: Applications Eligible for Delegated Review and Action(A)(5). A
facility that renovates a building previously licensed as a nursing facility is not a Replacement
Facility.
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206.02: continued
Reported Costs. All costs reported in the cost report, less costs adjusted and/or self-disallowed
in the HCF-1.
Required Education. Educational activities, conducted by a recognized school or authorized
organization, required to maintain a professional license of employees that provide care to
Publicly Aided Residents. Required education also includes training for nurses' aides.
Residential Care. The minimum basic care and services and protective supervision required by
the Department in accordance with 105 CMR 150.000: Licensing of Long-term Care Facilities
for Residents who do not routinely require nursing or other medically related services.
Residential Care Unit. A Unit within a Nursing Facility licensed by the Department to provide
residential care.
State Fiscal Year (SFY). The 12-month period from July 1st through June 30th.
Unit. A Unit is an identifiable section of a Nursing Facility such as a wing, floor, or ward as
defined by the Department in 105 CMR 150.000: Licensing of Long-term Care Facilities.
206.03: General Payment Provisions
(1) Nursing Facility Payments are prospective rates based on reported costs for a prior Base
Year. The Base Year for the standard payments effective October 1, 2014, is 2007. Nursing
Facility Payments include the Nursing Standard Payments and Other Operating Cost Standard
Payment established in 101 CMR 206.04 and the Capital Payment established in 101 CMR
206.05. Payments may be adjusted to include additional payments in accordance with 101 CMR
206.06.
(2) Ancillary Costs. Unless a Provider participates in the Ancillary Pilot Program with the
MassHealth agency, or a Provider's payments include Ancillary Services pursuant to the
regulations or written policy of the purchasing agency, the Provider must bill Ancillary Services
directly to the purchaser in accordance with the purchaser's regulations or policies.
(3) Disclaimer of Authorization of Services. 101 CMR 206.00 is not authorization for or
approval of the substantive services, or lengths of time, for which rates are determined pursuant
to 101 CMR 206.00. Governmental units that purchase services from eligible providers are
responsible for the definition, authorization, and approval of services and lengths of time
provided to publicly aided individuals. Information concerning substantive program
requirements must be obtained from purchasing governmental units.
206.04: Nursing and Other Operating Costs
(1) Nursing Facilities are paid the following Nursing Standard Payments:
Payment
Group
Management
Minute Range
Standard Payment
H
0 - 30
$14.45
JK
30.1-110
$39.54
LM
110.1 - 170
$68.38
NP
170.1 - 225
$96.34
RS
225.1 - 270
$117.67
T
270.1 and above
$146.39
(2) For all payment groups, the Other Operating Cost Standard Payment is $76.96.
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206.05: Capital
(1) Allowable Basis of Fixed Assets and Capital Cost.
(a) Allowable Basis of Fixed Assets.
1. Fixed Assets. Fixed Assets include Land, Building, Improvements, Equipment, and
Software.
2. Allowable Basis. The Allowable Basis is the lower of the Provider's actual
construction cost or the Maximum Capital Expenditure approved for each category of
assets by the Massachusetts Public Health Council and used for Nursing Facility services.
EOHHS classifies depreciable land improvements such as parking lot construction,
on-site septic systems, on-site water and sewer lines, walls, and reasonable and necessary
landscaping costs as Building cost.
3. Allowable Additions. EOHHS will recognize Fixed Asset Additions made by the
Provider if the Additions are related to the care of Publicly Assisted Residents. If
Additions relate to a capital project for which the Department has established a
Maximum Capital Expenditure, the allowable amount will be limited to the amount
approved by the Department. EOHHS will not recognize Fixed Asset Additions made
or Equipment Rental expense incurred within 12 months after a DON project becomes
operational.
4. Change of Ownership.
a. If there is a Change of Ownership, the Allowable Basis will be determined as
follows:
i. Land. The Allowable Basis is the lower of the acquisition cost or the seller's
Allowable Basis.
ii. Building. The Allowable Basis is the lower of the acquisition cost or the
seller's allowable basis, reduced by the amount of actual depreciation allowed in
the Medicaid rates for the years 1968 through June 30, 1976, and 1993 forward.
iii. Improvements. The Allowable Basis is the lower of the acquisition cost or
the seller's allowable basis, reduced by the amount of actual depreciation allowed
in the MassHealth rates.
iv. Equipment. The Allowable Basis is the lower of the acquisition cost or the
seller's allowable basis, reduced by the amount of actual depreciation allowed in
the MassHealth rates.
b. Upon transfer, the seller's allowable Building Improvements will become part of
the new owner's Allowable Basis of Building.
c. If EOHHS cannot determine the amount of actual depreciation allowed in a prior
year from its records, EOHHS will determine the amount using the best available
information including, among other things, documentation submitted by the Provider.
5. Special Provisions.
a. Non-payment of Acquisition Cost. EOHHS will reduce Allowable Basis if the
Provider does not pay all or part of the acquisition cost of a reimbursable fixed asset
or if there is a forgiveness, discharge, or other non-payment of all or part of a loan
used to acquire or construct a reimbursable fixed asset. EOHHS will reduce the basis
to the extent that the basis was derived from the acquisition or construction cost of
the fixed asset.
b. Repossession by Transferor. EOHHS will recalculate Allowable Basis if a
transferor repossesses a facility to satisfy the transferee's purchase obligations;
becomes an owner or receives an interest in the transferee's facility or company; or
acquires control of a facility. The Allowable Basis will not exceed the transferor's
original allowable basis under EOHHS regulations applicable at the date of Change
of Ownership, increased by any allowable capital Improvements made by the
transferee since acquisition, and reduced by depreciation since acquisition.
(b)
Capital Costs. EOHHS will calculate the Provider's Capital Costs including
depreciation, Financing Contribution, and Other Capital Costs as defined in 101 CMR
206.05(1)(b)1. through 5.
1. Depreciation. EOHHS will allow depreciation on Buildings, Improvements, and
Equipment based on the Allowable Basis of Fixed Assets as of December 31, 2007.
Depreciation of Buildings, Improvements, and Equipment will be allowed based on
generally accepted accounting principles using the Allowable Basis of Fixed Assets, the
straight line method, and the following useful lives:
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206.05: continued
ASSETS
YEARS
RATE
Buildings and Additions
40
2.5%
Improvements (including septic systems and
freestanding waste-water treatment systems)
20
5%
Equipment, Furniture and Fixtures
10
10%
Software
3
33.3%
2. Financing Contribution. EOHHS will calculate a Financing Contribution by
multiplying 7.625% by the Allowable Net Book Value as of December 31, 2007. The
Allowable Net Book Value is the allowable basis less all accumulated depreciation
calculated for the period through December 31, 2007, except allowed Building
depreciation expense that occurred between January 1, 1983, and December 31, 1992.
3. Rent and Leasehold Expense. EOHHS will allow reasonable rental and leasehold
expenses for Land, Building, and Equipment at the lower of: average rental or ownership
costs of comparable Providers, or the reasonable and necessary costs of the Provider and
lessor including interest, depreciation, real property taxes, and property insurance.
EOHHS will not allow rent and leasehold expense unless a Realty Company Cost Report
is filed.
4. Capital Costs. EOHHS will calculate the Provider's Capital Costs by adding
allowable 2007 depreciation and Other Fixed Costs and the Financing Contribution.
5. 2007 Capital Cost Per Day. EOHHS will calculate the Provider's 2007 Capital Cost
per day by dividing 2007 Capital Costs by the greater of 96% or the Actual Utilization
Rate times the Constructed Bed Capacity times 365.
(2) Capital Payment.
(a) EOHHS will include capital payments listed in 101 CMR 206.05(2)(b) for the following
facilities:
1.
New Facilities and Licensed Beds that become operational on or after
February 1, 1998, and are:
a. New or Replacement Facilities constructed pursuant to a Determination of Need
approved after March 7, 1996;
b. New Facilities constructed in Urban Underbedded areas exempt from the
Determination of Need process;
c.
new beds licensed pursuant to a Determination of Need approved after
March 7, 1996;
d. new beds in 12-bed expansion projects not associated with an approved
Determination of Need project; or
e. beds acquired from another Facility that are not subject to a Determination of
Need, to the extent that the additional beds increase the Facility's Licensed Bed
Capacity; and
2. Private Nursing Facilities that sign a Provider Agreement with EOHHS after
October 1, 2008.
(b) The capital payment will be as follows:
Date that New Facilities and Licensed Beds
Became Operational
1/16/15 (Effective 1/1/15)
Payment Amount
February 1, 1998 - December 31, 2000
$17.29
January 1, 2001 - June 30, 2002
$18.24
July 1, 2002 - December 31, 2002
$20.25
January 1, 2003 - August 31, 2004
$20.25
September 1, 2004 - June 30, 2006
$22.56
July 1, 2006 - July 31, 2007
$25.82
August 1, 2007 - July 31, 2008
$27.30
August 1, 2008 - Forward
$28.06
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EMERGENCY
206.05: continued
(3) Capital Payment - Other Facilities. For all other facilities, the Capital Payment is based on
the facility's Capital Costs, including allowable depreciation, Financing Contribution, and Other
Fixed Costs.
(a) If a facility's capital payment effective September 30, 2014, is less than $17.29, its
capital payment will be the greater of its September 30, 2014, capital payment or the payment
determined as follows:
2007 Capital Costs Per Day
(101 CMR 206.05(1))
Capital Payment
Effective October 1, 2014
$0.00 to $4.00
$4.45
$4.01 to $6.00
$6.18
$6.01 to $8.00
$8.15
$8.01 to $10.00
$10.13
$10.01 to $12.00
$12.11
$12.01 to $14.00
$14.08
$14.01 to $16.00
$16.06
$16.01 to $17.29
$17.29
$17.30 to $18.24
$18.24
$18.25 to $20.25
$20.25
$20.26 to $22.56
$22.56
$22.57 to $25.82
$25.82
>$25.83
$27.30
(b) If a facility's capital payment effective September 30, 2014, is greater than or equal to
$17.29, the facility's revised capital payment will equal its September 30, 2014, capital
payment.
(c) If a Provider relicensed beds that were out of service during the rate period, its Capital
Payment will be the lower of the capital payment rate established under 101 CMR
206.05(3)(a) or the facility's most recent capital payment rates.
(d) If the Provider's Capital Payment is based on a Determination of Need approved prior
to March 7, 1996, and the Provider receives a temporary Capital Payment in accordance with
101 CMR 206.05(4)(b)3., then EOHHS will revise the Provider's Capital Payment in
accordance with 101 CMR 206.05(4)(b)4.
(4) Revised Capital Payment for Substantial Capital Expenditure.
(a) General Notification Requirements. All Providers must notify the Center when they
open, add new beds, renovate, or reopen beds. The notification must contain the Provider's
name, address and vendor payment number, date of bed change, type of change, and
description of project.
(b) Request for Revised Capital Payment. Eligible Providers may request a revised Capital
Payment for capital costs associated with the change or renovation of licensed beds.
1. Facilities that may request a revised Capital Payment include:
a. New Facilities and newly licensed beds that open pursuant to a Determination of
Need;
b. Replacement Facilities that open on or after October 1, 2014, pursuant to a
Determination of Need;
c. facilities with Renovations made pursuant to a Determination of Need;
d. facilities with 12 bed additions; and
e. facilities that requested and received an approved Determination of Need pursuant
to the delegated review process in 1996 under 105 CMR 100.505: Applications
Eligible for Delegated Review and Action(A)(4).
2. If a Provider listed in 101 CMR 206.05(4)(b)1. requests a revised Capital Payment
to reflect a change in beds, it must submit the following, as well as any additional
information that EOHHS determines necessary to calculate a revised Capital Payment:
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EMERGENCY
206.05: continued
a. a description of the project;
b. a copy of the construction contract;
c. copies of invoices and cancelled checks for construction costs;
d. a copy of the Department's licensure notification associated with the new beds;
e. a copy of the mortgage; and
f. a hard copy and electronic version of the calculation of the requested increase, in
a format specified by EOHHS.
3.
EOHHS will process a maximum of three notifications for an approved
Determination of Need Maximum Capital Expenditure. EOHHS will process an initial
notification request only if the provider has expended at least 50% of the Determination
of Need Maximum Capital Expenditure. EOHHS will process two additional
notification requests equal to at least 25% of the Determination of Need Maximum
Capital Expenditure.
4. EOHHS will certify a temporary Capital Payment of $28.06 upon receipt of the
notification of the change in beds, rate adjustment request, and required supporting
documentation.
5. If the Provider's Capital Payment is based on a Determination of Need approved prior
to March 7, 1996, in order to calculate the final revised Capital Payment EOHHS will
determine the amount of new allowable assets and apply the Financing Factor in
101 CMR 206.05(1)(b)2.
(c) Revised Capital Payment.
1. For the Providers specified in 101 CMR 206.05(2)(a), EOHHS will certify a Capital
Payment of $28.06.
2. For the following facilities, the final revised Capital Payment will be the greater of
90% of the amount calculated under 101 CMR 206.05(4)(b)5. or $28.06:
a. New Facilities and newly licensed beds that open pursuant to a Determination of
Need approved on or before March 7, 1996;
b. Replacement Facilities that open on or after July 1, 2002, pursuant to a
Determination of Need approved on or before March 7, 1996;
c. facilities with 12 bed additions associated with a Determination of Need approved
on or before March 7, 1996; and
d. facilities that requested and received an approved Determination of Need
pursuant to the delegated review process in 1996 under Department of Public Health
regulation 105 CMR 100.505: Applications Eligible for Delegated Review and
Action(A)(4).
3. For the following facilities, the revised Capital Payment will be the lower of the
amount calculated under 101 CMR 206.05(4)(b)5. or $28.06:
a. facilities that renovate pursuant to a Determination of Need approved after
March 7, 1996;
b. facilities that implement a transferred Determination of Need approved before
March 7, 1996, but did not file a Notice of Intent to Acquire the facility before
March 7, 1996. 101 CMR 206.05(4)(c)2.b. will not apply if the transfer occurred on
or after February 1, 1998, and before May 30, 1998. If the transfer occurred during
this period, the revised Capital Payment will be determined under 101 CMR
206.05(3)(c)1.; and
c. facilities with a 12-bed addition that simultaneously renovate pursuant to a
Determination of Need approved after March 7, 1996.
4. For Facilities with Renovations made pursuant to a Determination of Need approved
before March 7, 1996, if the revised amount calculated under 101 CMR 206.05(4)(b)5.
is greater than $28.06, the Capital Payment will be 90% of the amount calculated under
101 CMR 206.05(4)(b)5. If the calculated amount is lower than $28.06, the Capital
Payment will be the amount calculated under 101 CMR 206.05(4)(b)5.
(d) Effective Date. The effective date of the revised Capital Payment will be the date upon
which the Provider submits the notification and all information and documentation required
in 101 CMR 206.05(4)(b)2.
(e) Weighted Capital Payment. If a Provider receives a revised capital payment for new
beds and also has beds for which payment is determined under 101 CMR 206.05(3)(a),
EOHHS will calculate a weighted capital payment. The provider's capital payment will be
determined in accordance with the schedule in 101 CMR 206.05(3)(a). The payment rate
will be the next highest payment rate from the weighted rate as calculated by EOHHS.
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EMERGENCY
206.05: continued
(f) Retroactive Adjustments. EOHHS may retroactively adjust capital payments if it learns
there was a material error in the rate calculation or if the Provider made a material error in
the cost report.
206.06: Other Payment Provisions
(1) Certification of Public Expenditures of a Nursing Facility Owned and Operated by a
Municipality.
(a) Within 60 days after the filing of its Medicare CMS-2540 cost report, a Nursing Facility,
which is owned and operated by a municipality, may submit a request for Certified Public
Expenditures (CPE) to EOHHS. This CPE will account for its public expenditures of
providing Medicaid services to eligible Medicaid recipients. The submission shall be based
on the inpatient routine service cost reported on the CMS-2540 Medicare cost report.
(b) Following review of the Nursing Facility's submission, EOHHS will, within 60 days of
the submission, approve, deny, or revise the amount of the CPE request based upon its
evaluation of the reported costs and payments. The final approved amount will be equal to
the difference between the Medicaid interim payments and the total allowable Medicaid costs
as determined by EOHHS. This final determined amount will be certified by the
municipality as eligible for federal match.
(c) Interim Payments are based on the standard payment methodology pursuant to 101 CMR
206.00.
(d) EOHHS will determine Total Allowable Medicaid costs based on the Medicare
CMS-2540 Cost Report and will determine a per diem rate calculated as follows.
1.
Medicaid Allowable Skilled Nursing Facility Costs. Total allowable costs
(worksheet B, Part I, Line 30, Col 18), divided by total days (Worksheet S-3, Line 1, Col
7), times Medicaid days (worksheet S-3, Line 1, Col 5).
2. Medicaid Allowable Nursing Facility Costs. Total allowable costs (worksheet B,
Part I, Line 31, Col 18), divided by total days (Worksheet S-3, Line 3, Col 7), times
Medicaid days (Worksheet S-3, Line 3, Col 5).
3. Total Allowable Medicaid Costs. The sum of the amount determined in 101 CMR
206.06(1)(d)1. and 2.
(e) EOHHS will calculate an interim reconciliation based on the difference between the
interim payments and total allowable Medicaid costs from the as-filed CMS-2540 Cost
Report. The Nursing Facility must notify EOHHS immediately if the CMS-2540 is reopened
or an audit is completed. Within 60 days after receiving notification of the final Medicare
settlement EOHHS will retroactively adjust the final settlement amount.
(2) Department of Developmental Services (DDS) Requirements. Eligible nursing facilities
will receive a one-time allowance to establish and maintain clinical and administrative
procedures in a manner that complements DDS interdisciplinary service planning activities under
the "Active Treatment Policy" for Nursing Facility residents with mental retardation and
developmental disabilities, which was issued by EOHHS in December 2002.
(a) Eligibility. Eligible Nursing Facilities are identified by DDS as Nursing Facility
providers of care to residents with mental retardation or developmental disabilities as of
July 25, 2003.
(b) Calculation of Allowance. For each eligible Nursing Facility identified by DDS, the
number of residents identified by DDS as having mental retardation or developmental
disabilities and communicated to EOHHS as of June 14, 2007, times $3.00, times 366 days,
will equal the total allowance amount. To calculate a per day amount to be included in the
payment rates, EOHHS will divide the allowance amount calculated above by the product
of items 101 CMR 206.06(2)(b)1. through 3.:
1. current licensed bed capacity for the rate period, times 366, times
2. reported 2005 Actual Utilization percentage, times
3. reported 2005 Medicaid Utilization percentage.
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206.06: continued
(c) If DDS notifies EOHHS that a Nursing Facility has failed to comply with its
requirements or failed to cooperate with the planning activities under the Active Treatment
Policy, EOHHS may deem the Nursing Facility to be ineligible for this adjustment and
rescind this allowance for a provider.
(3) Kosher Food Services. Nursing Facilities with kosher kitchen and food service operations
may receive an add-on of up to $5 per day to reflect the additional costs of these operations.
(a) Eligibility. To be eligible for this add-on, the Nursing Facility must
1. maintain a fully kosher kitchen and food service operation that is, at least annually,
rabbinically approved or certified; and in accordance with all applicable requirements of
law related to kosher food and food products, including but not limited to, M.G.L. c. 94,
§ 156;
2. provide to the Center a written certification from a certifying authority, including the
complete name, address, and phone number of the certifying authority, that the
applicant's Nursing Facility maintains a fully kosher kitchen and food service operation
in accordance with Jewish religious standards. For purpose of 101 CMR 206.06(3)(a)2.,
the phrase "certifying authority'' shall mean a recognized kosher certifying organization
or rabbi who has received Orthodox rabbinical ordination and is educated in matters of
Orthodox Jewish law;
3. provide a written certification from the Administrator of the Nursing Facility that the
percentage of the Nursing Facility's residents requesting kosher foods or products
prepared in accordance with Jewish religious dietary requirements is at least 50%; and
4. upon request, provide the Center with documentation of expenses related to the
provision of kosher food services, including but not limited to, invoices and payroll
records.
(b) Payment Amounts. To determine the add-on amount, EOHHS will
1. determine the statewide median dietary expense per day for all facilities. The add-on
equals the difference between the eligible Nursing Facility's dietary expense per day and
the statewide median dietary expense per day, not to exceed $5 per day. In calculating
the per day amount, EOHHS will include allowable expenses for dietary and dietician
salaries, payroll taxes and related benefits, food, dietary purchased service expense,
dietician purchased service expense, and dietary supplies and expenses. The days used
in the denominator of the calculation will be the higher of the Nursing Facility's actual
days or 96% of available bed days.
2. EOHHS will compare the sum of the add-on amounts multiplied by each Nursing
Facility's projected annual rate period Medicaid days to the state appropriation. In the
event that the sum exceeds the state appropriation, each Nursing Facility's add-on shall
be proportionally adjusted.
(4) Large Medicaid Provider Payment. Subject to available funding, a Nursing Facility will be
eligible for a Large Medicaid Provider Payment as follows.
(a) Eligibility. A Nursing Facility will be eligible for the payment if
1. the Nursing Facility had at least 188 licensed beds in 2002;
2. the Nursing Facility's 2002 Medicaid days divided by total patient days, as reported
in its 2002 HCF-1, was equal to or greater than 70%; and
3. the Nursing Facility received a score of at least 123 on the Department's Nursing
Facility Survey Performance Tool as received by EOHHS on March 25, 2005.
(b) Calculation of Supplemental Payment. EOHHS will calculate the amount of the
supplemental payment received by each eligible Nursing Facility as follows.
1. EOHHS will divide the number of reported 2002 Medicaid days for each eligible
Nursing Facility by the total number of Medicaid days in all eligible facilities.
2. EOHHS will multiply the resulting percentage by the amount of the surplus.
3. EOHHS will divide the amount calculated above by the product of
a. current Licensed Bed Capacity for the rate period , times 365, times
b. reported 2002 Actual Utilization, times
c. reported 2002 Medicaid Utilization.
4. This amount will be included as an add-on to each Provider's rate.
(5) Leaves of Absence. If a purchasing agency pays for leaves of absence, the payment rate for
a leave of absence day is $80.10 per day, unless otherwise determined by the purchasing agency.
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206.06: continued
(6) Nursing Cost. Eligible facilities will receive an add-on to reflect the difference between the
standard payment amounts and actual Base Year nursing spending. To be eligible for such
payment, the Department must certify to EOHHS that over 75% of the Nursing Facility's
residents have a primary diagnosis of multiple sclerosis.
(7) Pediatric Nursing Facilities. EOHHS will determine payments to facilities licensed to
provide pediatric Nursing Facility services using allowable reported costs for nursing and other
operating costs, excluding administration and general costs, from the Nursing Facility's 2007
Cost Report. EOHHS will include an administration and general payment based on 85% of 2007
median statewide administration and general costs. EOHHS will apply an appropriate cost
adjustment factor to nursing, other operating, and administration and general costs.
(8) Publicly Operated Facilities. Subject to available funding, there will be a supplemental
payment to certain publicly operated Nursing Facilities owned and operated by a town, city, or
state government entity. The payments will be allocated as follows.
(a) EOHHS will divide the number of reported 2002 Medicaid days for each eligible
Nursing Facility by the total number of Medicaid days in all eligible facilities.
(b) EOHHS will multiply the resulting percentage by the sum of total supplemental
payments.
(c) EOHHS will divide the amount calculated above by the product of
1. current licensed bed capacity for the rate period, times 365, times
2. reported 2002 Actual Utilization, times
3. reported 2002 Medicaid Utilization.
(d) This amount will be included as an add-on to each Provider's rate.
(9) Receiverships. EOHHS may adjust the rate of a receiver appointed under M.G.L. c. 111,
§ 72N solely to reflect the reasonable costs, as determined by EOHHS and the MassHealth
agency, associated with the court-approved closure of the Nursing Facility.
(10) Residential Care Beds. The total payment Nursing and Other Operating costs for
Residential Care Beds in a dually licensed Nursing Facility is $80.43.
(11) State-operated Nursing Facilities. A Nursing Facility operated by the Commonwealth will
be paid at the Nursing Facility's reasonable cost of providing covered Medicaid services to
eligible Medicaid recipients.
(a) EOHHS will establish an Interim per diem rate using a base year CMS-2540 cost report
inflated to the rate year using the cost adjustment factor calculated pursuant to 101 CMR
206.06(11)(b) and a final rate using the final rate year CMS-2540 cost report.
(b) EOHHS will determine a cost adjustment factor using a composite index using price
level data from the CMS Nursing Home without capital forecast, and regional health care
consumer price indices, and the Massachusetts-specific consumer price index (CPI),
optimistic forecast. EOHHS will use the Massachusetts CPI as proxy for wages and salaries.
(c) EOHHS may retroactively adjust the final settled amount when the Medicare CMS-2540
cost report is reopened or for audit adjustments.
(12) User Fee. Nursing Facility payments will include an add-on for the Medicaid portion of
the Nursing Facility user fee assessment under 114.5 CMR 12.00: Nursing Facility User Fee.
The add-on will be based on the Nursing Facility Class established pursuant to 114.5 CMR
12.04: Calculation of User Fee.
(a) Except for the period from October 1, 2014 through December 31, 2014, Nursing
Facility payments will include a User Fee add-on as listed in 101 CMR 206.06(12)(a):
Nursing Facility Class
Per Diem Add-on Amount
1
$15.47
2
$1.55
3
$1.55
4
0
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EMERGENCY
206.06: continued
(b) For the period from October 1, 2014 through December 31, 2014, Nursing Facility
payments will include a User Fee add-on as listed in 101 CMR 206.06(12)(b):
Per Diem Add-on Amount
1
$16.52
2
$1.65
3
$1.65
4
0
(c) For the period from October 1, 2014 through December 31, 2014, Nursing Facility
payments will include an annualized adjustment as listed in 101 CMR 206.06(12)(c):
Per Diem Annualized Adjustment
1
$0.35
2
$0.03
3
$0.03
4
0
(d) EOHHS may recertify a prior period rate to exclude the add-ons described in 101 CMR
206.06(12)(a) through (c) if the Nursing Facility fails to incur the cost of the Nursing Facility
user fee assessment within 120 days of the assessment due date.
(e) EOHHS may adjust the add-on amount to reflect a change in the amount of the Nursing
Facility user fee assessment under 114.5 CMR 12.04: Calculation of User Fee.
206.08: Reporting Requirements
(1) Required Cost Reports.
(a) Nursing Facility Cost Report. Each Provider must complete and file a Nursing Facility
Cost Report each calendar year with the Center. The Nursing Facility Cost Report must
contain the complete financial condition of the Provider, including all applicable
management company, central office, and real estate expenses. If a Provider has closed on
or before November 30th, the Provider is not required to file an HCF-1 report.
(b) Realty Company Cost Report. A Provider that does not own the real property of the
Nursing Facility and pays rent to an affiliated or non-affiliated realty trust or other business
entity must file or cause to be filed a Realty Company Cost Report with the Center.
(c) Management Company Cost Report. A Provider must file a separate Management
Company Cost Report with the Center for each entity for which it reports management or
central office expenses related to the care of Massachusetts Publicly Aided Residents. If the
Provider identifies such costs, the Provider must certify that costs are reasonable and
necessary for the care of Publicly Aided Residents in Massachusetts.
(d) Financial Statements. If a Provider or its parent organization is required or elects to
obtain independent audited financial statements for purposes other than 101 CMR 206.00,
the Provider must file a complete copy of its audited Financial Statements with the Center,
that most closely correspond to the Provider's Nursing Facility Cost Report fiscal period. If
the Provider or its parent organization does not obtain audited Financial Statements but is
required or elects to obtain reviewed or compiled Financial Statements for purposes other
than 101 CMR 206.00, the Provider must file with the Center a complete copy of its
Financial Statements that most closely correspond to the Nursing Facility Cost Report fiscal
period. Financial Statements must accompany the provider's Nursing Facility Cost Report
filing. Nothing in 101 CMR 206.08(1)(d) shall be construed as an additional requirement
that nursing homes complete audited, reviewed, or compiled Financial Statements solely to
comply with the Center's reporting requirements.
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EMERGENCY
206.08: continued
(e) Clinical Data. EOHHS may require Providers to submit patient level data for the
purpose of measuring clinical performance in a format specified by EOHHS. EOHHS may
designate required data, data specifications, and other data collection requirements by
Administrative Bulletin.
(f) CMS-2540 Reports. State operated Nursing Facilities that meet the definition in 42 CFR
433.50(a)(i) must file a CMS-2540 report with the Center annually. The State operated
Nursing Facility must report the final disposition made by the Medicare intermediary.
(2) General Cost Reporting Requirements.
(a) Accrual Method. Providers must complete all required reports using the accrual method
of accounting.
(b) Documentation of Reported Costs. Providers must maintain accurate, detailed, and
original financial records to substantiate reported costs for a period of at least five years
following the submission of required reports or until the final resolution of any appeal of a
rate for the period covered by the report, whichever is later. Providers must maintain
complete documentation of all of the financial transactions and census activity of the
Provider and affiliated entities including, but not limited to, the books, invoices, bank
statements, canceled checks, payroll records, governmental filings, and any other records
necessary to document the Provider's reported costs. Providers must be able to document
expenses relating to affiliated entities for which it has identified costs related to the care of
Massachusetts Publicly Aided Residents whether or not they are Related Parties.
(c) Fixed Asset Ledger. Providers must maintain a fixed asset ledger that clearly identifies
each asset for which expenses are reported, including location, date of purchase, cost, salvage
value, accumulated depreciation, and the disposition of sold, lost, or fully depreciated assets.
(d) Job Descriptions and Time Records. Providers and management companies must
maintain written job descriptions including qualifications, duties, responsibilities, and time
records such as time cards for all positions that the Provider identifies as related to the care
of Massachusetts Publicly Aided Residents. Facilities organized as sole proprietors or
partnerships in which the sole proprietor or partner functions as administrator with no
reported administrator salary or benefits must maintain documentation to support the
provision of administrator services by the sole proprietor or partner.
(e) Indirect Restorative Therapy Services Record. Providers must maintain a record of
indirect restorative therapy services documented by a written summary available for inspection in the Nursing Facility as required by the Department of Public Health in accordance
with 105 CMR 150.010(F): Records and Reports.
(f) Other Cost Reporting Requirements.
1. Administrative Costs.
a. The following expenses must be reported as administrative:
i. all compensation, including payroll taxes and benefits, for the positions of
administrator, assistant administrator, administrator-in-training, business
manager, secretarial and clerical staff, bookkeeping staff, and all staff or
consultants whose duties are primarily administrative rather than directly related
to the provision of on-site care to residents or to the on-site physical upkeep of
the Nursing Facility;
ii. expenses related to tasks performed by persons at a management level above
that of an on-site Provider department head, that are associated with monitoring,
supervising, and/or directing services provided to residents in a Nursing Facility
as well as legal, accounting, financial, and managerial services or advice
including computer services and payroll processing; and
iii. expenses related to policy-making, planning, and decision-making activities
necessary for the general and long-term management of the affairs of a Nursing
Facility, including but not limited to the following: the financial management of
the Provider, including the cost of financial accounting and management advisory
consultants, the establishment of personnel policies, the planning of resident
admission policies, and the planning of the expansion and financing of the
Provider.
b. Providers must report the cost of administrative personnel to the appropriate
account. The cost of administrative personnel includes all expenses, fees, payroll
taxes, fringe benefits, salaries, or other compensation.
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EMERGENCY
206.08: continued
c. Providers may allocate administrative costs among two or more accounts. The
Provider must maintain specific and detailed time records to support the allocation.
2. Draw Accounts. Providers may not report or claim proprietorship or partnership
drawings as salary expense.
3. Expenses that Generate Income. Providers must identify the expense accounts that
generate income.
4. Fixed Costs.
a. Additions. If the square footage of the Building is enlarged, Providers must
report all additions and renovations as Building Additions.
b. Allocation. Providers must allocate all fixed costs, except Equipment, on the
basis of square footage. A Provider may elect to specifically identify Equipment
related to the Nursing Facility. The Provider must document each piece of
Equipment in the fixed asset ledger. If a Provider elects not to identify Equipment,
it must allocate Equipment on the basis of square footage.
c. Replacement of Beds. If a Provider undertakes construction to replace beds, it
must write off the fixed assets that are no longer used to provide care to Publicly
Aided Residents and may not identify associated expenses as related to the care of
Massachusetts Publicly Aided Residents.
d. Fully Depreciated Assets. Providers must separately identify fully depreciated
assets. Providers must report the costs of fully depreciated assets and related
accumulated depreciation on all Cost Reports unless they have removed such costs
and accumulated depreciation from the Provider's books and records. Providers must
attach a schedule of the cost of the retired Equipment, accumulated depreciation, and
the accounting entries on the books and records of the Provider to the Cost Report
when Equipment is retired.
e. Major Repair Projects. Providers must report all expenditures for major repair
projects whose useful life is greater than one year, including, but not limited to,
wallpapering and painting as Improvements. Providers may not report such
expenditures as prepaid expenses.
5. Laundry Expense. Providers must separately identify the expense associated with
laundry services for which non-Publicly Aided Residents are billed. Providers must
identify such expense as non-related to Medicaid patient care.
6. Mortgage Acquisition Costs. Providers must classify Mortgage Acquisition Costs
as Other Assets. Providers may not add Mortgage Acquisition Costs to fixed asset
accounts.
7. Nursing Costs. The costs must be associated with direct resident care personnel and
be required to meet federal and state laws.
8. Related Parties. Providers must disclose salary expense paid to a Related Party and
must identify all goods and services purchased from a Related Party. If a Provider
purchases goods and services from a Related Party, it must disclose the Related Party's
cost of the goods and services.
(g) Special Cost Reporting Requirements.
1. Facilities in Which Other Programs Are Operated. If a Provider operates an adult day
health program, an assisted living program, or provides outpatient services, the Provider
may not identify expenses of such programs as related to the care of Massachusetts
Publicly Aided Residents.
a. If the Provider converts a portion of the Provider to another program, the Provider
must identify the existing Equipment no longer used in Nursing Facility operations
and remove such Equipment from the Nursing Facility records.
b. The Provider must identify the total square footage of the existing Building, the
square footage associated with the program, and the Equipment associated with the
program.
c. The Provider must allocate all shared costs, including shared capital costs, using
a well-documented and generally accepted allocation method. The Provider must
directly assign to the program any additional capital expenditures associated with the
program.
2. Hospital-based Nursing Facilities. A Hospital-based Nursing Facility must file Cost
Reports on a fiscal year basis consistent with the fiscal year used in the DHCFP-403
Hospital Cost Report.
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415
EMERGENCY
206.08: continued
a.
The Provider must identify the existing Building and Improvement costs
associated with the Nursing Facility. The Provider must allocate such costs on a
square footage basis.
b. The Provider must report major moveable Equipment and fixed Equipment in
a manner consistent with the Hospital Cost Report. In addition, the Provider must
classify fixed Equipment as either Building Improvements or Equipment in
accordance with the definitions contained in 101 CMR 206.02. The Provider may
elect to report major moveable and fixed Equipment by one of two methods.
i. A Provider may elect to specifically identify the major moveable and fixed
Equipment directly related to the care of Publicly Aided Residents in the Nursing
Facility. The Provider must maintain complete documentation in a fixed asset
ledger that clearly identifies each piece of Equipment and its cost, date of
purchase, and accumulated depreciation. The Provider must submit this
documentation to the Center with its first Notification of Change in Beds.
ii. If the Provider elects not to identify specifically each item of major moveable
and fixed Equipment, EOHHS will allocate fixed Equipment on a square footage
basis.
c. The Provider must report additional capital expenditures directly related to the
establishment of the Nursing Facility within the hospital as Additions. EOHHS will
allocate capital expenditures that relate to the total plant on a square footage basis.
d. The Provider must use direct costing whenever possible to obtain operating
expenses associated with the Nursing Facility. The Provider must allocate all costs
shared by the hospital and the Nursing Facility using the statistics specified in the
Hospital Cost Report instructions. The Provider must disclose all analysis,
allocations, and statistics used in preparing the Nursing Facility Cost Report.
(3) General Cost Principles. In order to report a cost as related to Medicaid patient care, a cost
must satisfy the following criteria.
(a) The cost must be ordinary, necessary, and directly related to the care of Publicly Aided
Residents.
(b) The cost must adhere to the Prudent Buyer Concept.
(c) Expenses otherwise allowable shall not be included for purposes of determining rates
under 101 CMR 206.00 where such expenses are paid to a Related Party unless the Provider
identifies any such Related Party and expenses attributable to it in the Reports submitted
under 101 CMR 206.00 and demonstrates that such expenses do not exceed the lower of the
cost to the Related Party or the price of comparable services, facilities, or supplies that could
be purchased elsewhere. The Center may request either the Provider or the Related Party,
or both, to submit information, books, and records relating to such expenses for the purpose
of determining whether the expenses are allowable.
(d) Only the provider's contribution of Generally Available Employee Benefits shall be
deemed an allowable cost. Providers may vary Generally Available Employee Benefits by
groups of employees at the option of the employer. To qualify as a Generally Available
Employee Benefit, the Provider must establish and maintain evidence of its
nondiscriminatory nature. Generally Available Employee Benefits shall include but are not
limited to group health and life insurance, pension plans, seasonal bonuses, child care, and
job related education and staff training. Bonuses related to profit, private occupancy, or
directly or indirectly to rates of reimbursement shall not be included for calculation of
prospective rates. Benefits which are related to salaries shall be limited to allowable salaries.
Benefits, including pensions, related to non-administrative and non-nursing personnel will
be part of the other operating cost center. Benefits that are related to the Director of Nurses,
including pensions and education, shall be part of the Nursing Cost Center. Providers may
accrue expenses for employee benefits such as vacation, sick time, and holidays that
employees have earned but have not yet taken, provided that these benefits are both stated
in the written policy and are the actual practice of the Provider and that such benefits are
guaranteed to the employee even upon death or termination of employment. Such expenses
may be recorded and claimed for reimbursement purposes only as of the date that a legal
liability has been established.
(e) The cost must be for goods or services actually provided in the Nursing Facility.
(f) The cost must be reasonable.
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EMERGENCY
206.08: continued
(g) The cost must actually be paid by the Provider. Costs not considered related to the care
of Massachusetts Publicly Aided Residents include, but are not limited to: costs discharged
in bankruptcy; costs forgiven; costs converted to a promissory note; and accruals of
self-insured costs based on actuarial estimates.
(h) A Provider must report the following costs as non-allowable costs:
1. bad debts, refunds, charity, and courtesy allowances and contractual adjustments to
the Commonwealth and other third parties;
2. federal and state income taxes, except the non-income related portion of the
Massachusetts Corporate Excise Tax;
3. expenses not directly related to the provision of resident care including, but not
limited to, expenses related to other business activities and fund raising, gift shop
expenses, research expenses, rental expense for space not required by the Department and
expenditure of funds received under federal grants for compensation paid for training
personnel and expenses related to grants of contracts for special projects;
4. compensation and fringe benefits of residents on a Provider's payroll;
5.
penalties and interest, incurred because of late payment of loans or other
indebtedness, late filing of federal and state tax returns, or from late payment of
municipal taxes;
6. any increase in compensation or fringe benefits granted as an unfair labor practice
after a final adjudication by the court of last resort;
7. expenses for Purchased Service Nursing services purchased from temporary nursing
agencies not registered with the Department under regulation 105 CMR 157.000: The
Registration and Operation of Temporary Nursing Service Agencies or paid for at rates
greater than the rates established by EOHHS pursuant to 101 CMR 345.00: Temporary
Nursing Services;
8. any expense or amortization of a capitalized cost that relates to costs or expenses
incurred prior to the opening of the Nursing Facility;
9. all legal expenses, including those accounting expenses and filing fees associated
with any appeal process;
10. prescribed legend drugs for individual patients;
11. recovery of expense items, that is, expenses that are reduced or eliminated by
applicable income, including but not limited to, rental of quarters to employees and
others, income from meals sold to persons other than residents, telephone income,
vending machine income, and medical records income. Vending machine income shall
be recovered against Other Operating Costs. Other recoverable income shall be
recovered against an account in the appropriate cost group category, such as
Administrative and General Costs, Other Operating Costs, Nursing Costs, and Capital
Costs. The cost associated with laundry income that is generated from special services
rendered to private patients shall be identified and eliminated from claims for
reimbursement. Special services are those services not rendered to all patients (e.g., dry
cleaning, etc.). In the event that the cost of special services cannot be determined,
laundry income shall be recovered against laundry expense;
12. costs of ancillary services required by a purchasing agency to be billed on a direct
basis, such as prescribed drugs and direct therapy costs; and
13. accrued expenses that remain unpaid more than 120 days after the close of the
reporting year, excluding vacation and sick time accruals, shall not be included in the
prospective rates. When the Center receives satisfactory evidence of payment, EOHHS
may reverse the adjustment and include that cost, if otherwise allowable, in the
applicable prospective rates.
(4) Filing Deadlines.
(a) General. Except as provided in 101 CMR 206.08(4)(a)1. and 2., Providers must file
required Cost Reports for the calendar year by 5:00 P.M. of April 1st of the following
calendar year. If April 1st falls on a weekend or holiday, the reports are due by 5:00 P.M. of
the following business day.
1. Hospital-based Nursing Facilities. Hospital-based Nursing Facilities must file Cost
Reports no later than 90 days after the close of the hospital's fiscal year.
2. Appointment of a Resident Protector Receiver. If a receiver is appointed pursuant
to M.G.L. c. 111, § 72N, the Provider must file Cost Reports for the current reporting
period or portion thereof, within 60 days of the receiver's appointment.
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EMERGENCY
206.08: continued
(b) Extension of Filing Date. The Center may grant a request for an extension of the filing
due date for a maximum of 30 calendar days. In order to receive an extension, the Provider
must
1. submit the request itself, and not by agent or other representative;
2. demonstrate exceptional circumstances that prevent the Provider from meeting the
deadline; and
3. file the request with the Center no later than 30 calendar days before the due date.
(c) Administrative Bulletin. The Center may modify the Filing Deadlines by issuing an
administrative bulletin 30 days prior to any proposed change.
(5) Incomplete Submissions. If the Cost Reports are incomplete, the Center will notify the
Provider in writing within 120 days of receipt. The Center will specify the additional
information that the Provider must submit to complete the Cost Reports. The Provider must file
the required information within 25 days of the date of notification or by April 1st of the year the
Cost Reports are filed, whichever is later. If the Center fails to notify the Provider within the
120-day period, the Cost Reports will be considered complete and will be deemed to be filed on
the date of receipt.
(6) Audits. The Center and the MassHealth agency may conduct Desk Audits or Field Audits
to ensure accuracy and consistency in reporting. Providers must submit additional data and
documentation relating to the cost report, the operations of the Provider and any Related Party
as requested during a Desk or Field Audit even if the Center has accepted the Provider's Cost
Reports.
206.09: Special Provisions
(1) Rate Filings. EOHHS will file certified rates of payment for Nursing Facilities with the
Secretary of the Commonwealth.
(2) Appeals. A Provider may file an appeal at the Division of Administrative Law Appeals of
any rate established pursuant to 101 CMR 206.00 within 30 calendar days after EOHHS files the
rate with the State Secretary. EOHHS may amend a rate or request additional information from
the Provider even if the Provider has filed a pending appeal.
(3) Administrative Bulletins. EOHHS and the Center may issue administrative bulletins to
clarify provisions of 101 CMR 206.00 or to specify data collection requirements. Such bulletins
shall be deemed to be incorporated in the provisions of 101 CMR 206.00. EOHHS and the
Center will file the bulletins with the Secretary of the Commonwealth, distribute copies to
Providers, and make the bulletins accessible to the public at EOHHS's and the Center's offices
during regular business hours.
(4) Severability. The provisions of 101 CMR 206.00 are severable. If any provision of
101 CMR 206.00 or the application of any provision of 101 CMR 206.00 is held invalid or
unconstitutional, such provision will not be construed to affect the validity or constitutionality
of any other provision of 101 CMR 206.00 or the application of any other provision.
REGULATORY AUTHORITY
101 CMR 206.00: M.G.L. c. 118E and c. 12C.
(PAGES 419 AND 420 ARE RESERVED FOR FUTURE USE.)
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EMERGENCY
Docket #
Regulation Filing
CHAPTER NUMBER:
101 CMR 306.00
CHAPTER TITLE:
Rates of Payment for Mental Health Services Provided in Community Health
Centers and Mental Health Centers
AGENCY:
These amendments are being made to implement the requirements of St. 2013, c.118, §32, G.L. 118E,
§13D, and guidance from CMS regarding federal National Correct Coding Initiative (NCCI). It also
requires updates of mental health center rates, which includes rates for behavioral health services in
community health centers, effective January 1, 2014. Pursuant to M.G.L. c. 118E, § 13D, EOHHS is
required to review rates at least biennially for these non-institutional providers.
M.G.L. c. 118E and 12C
AGENCY CONTACT:
Deborah Briggs
ADDRESS:
100 Hancock Street, 6th Floor, Quincy, MA 02171
PHONE:
617-847-3302
101 CMR 306.00 is being promulgated as an emergency regulation, replacing 114.3 CMR 6.00, to
ensure compliance with St. 2013, c.118, §32, requiring rates to be effective for dates of service
beginning January 1, 2014.
Executive Order 485: March 25, 2014
PUBLIC REVIEW -
May 5, 2014
39
76
FISCAL EFFECT -
Inc.spending: $1.22M: FY14 and $2.555M: FY15.
See above – rates promulgated only through 2015.
No fiscal effect:
N/A
PROMULGATION -
101 CMR 306.00 is being adopted.
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Dec 26 2014
DATE:
01/16/2015
EFFECTIVE DATE:
1278
03/27/2014
Remove these pages:
This is an emergency
regulation.
Insert these pages:
There are no replacement
pages.
12/26/2014
40
cm
(101 CMR 305.00: RESERVED)
1/16/15 (Effective 3/27/14)
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EMERGENCY
NON-TEXT PAGE
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EMERGENCY
101 CMR 306.00:
RATES OF PAYMENT FOR MENTAL HEALTH SERVICES PROVIDED IN
COMMUNITY HEALTH CENTERS AND MENTAL HEALTH CENTERS
Section
306.01:
306.02:
306.03:
306.04:
306.05:
General Provisions
General Definitions
Rate Provisions
Reporting Requirements and Sanctions
Severability
(1) Scope, Purpose and Effective Date. 101 CMR 306.00 governs the rates effective
January 1, 2014, to be used by all governmental units and worker's compensation insurers for
outpatient mental health services provided by mental health centers and community health
centers, including services provided in nursing facilities. 101 CMR 306.00 does not govern rates
for Psychological Testing services, which are governed by 114.3 CMR 29.00: Psychological
Services. In addition, 101 CMR 306.00 does not govern rates for other services, care and
supplies provided by mental health center and community health centers to publicly-aided and
industrial accident patients, including, but not limited to, psychiatric day treatment services, early
intervention services, and medical services provided in community health centers.
(2) Disclaimer of Authorization of Services. 101 CMR 306.00 is not authorization for or
approval of the procedures for which rates are determined pursuant to 101 CMR 306.00.
Purchasing agencies and insurers are responsible for the definition, authorization, and approval
of care and services extended to publicly-aided clients.
(3) Administrative Bulletins. EOHHS may issue administrative bulletins to clarify its policy
on and understanding of substantive provisions of 101 CMR 306.00.
306.02: General Definitions
Meaning of Terms. In addition to the general definitions contained in 101 CMR 306.00
terms used in 101 CMR 306.00 shall have the meaning ascribed in 101 CMR 306.02.
Case Consultation. Environmental intervention for medical management purposes on a
psychiatric patient's behalf with agencies, employers or institutions which may include the
preparation of reports of the patient's psychiatric status, history, treatment or progress (other than
for legal purposes) for other physicians, agencies or insurance carriers.
Child and Adolescent Needs and Strengths (CANS). A tool that provides a standardized way
to organize information gathered during a psychiatric diagnostic assessment and is a treatment
and service decision support tool for children and adolescents under the age of 21.
Community Consultation and Education. Services provided by professional personnel to
representatives of schools, courts, police, organizations, or agencies with the aim of problem
solving and imparting knowledge in areas such as prevention, availability of resources and
clinical procedures. Such consultation is distinct from case consultation in that it does not
address the problems of a particular patient but rather the community at large.
Community Health Center. A clinic which provides comprehensive ambulatory services and
which is not financially or physically an integral part of a hospital.
Community Mental Health Center. A clinic which provides comprehensive ambulatory mental
health services and which is not financially or physically an integral part of a hospital.
Counselor. An individual who has earned a master's degree in Counseling from a recognized
educational program and who also meets conditions of participation which have been or may be
adopted by a governmental unit purchasing mental health services from eligible providers or by
purchasers of such services under M.G.L. c. 152.
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306.02: continued
Diagnostic Services. A session between a client and one or more staff members who are
authorized to render billable mental health services as defined in 101 CMR 306.00, for the
determination and examination by interview techniques of a patient's physical, psychological,
social, economic, educational and vocational assets and disabilities for the purpose of developing
a diagnostic formulation and designing a treatment plan and procedures by a qualified staff
member in order to evaluate aspects of an individual's functioning, including aptitudes,
educational achievements, cognitive processes, emotional conflicts, and type and degree of
psychopathology. These tests must be published, valid, and in general use as defined by listing
in the Mental Measurement Yearbook or by conformity to the Standards for Educational and
Psychological tests of the American Psychological Association.
Eligible Provider. A mental health center or community health center which meets the
conditions of participation that have been or may be adopted by a governmental unit purchasing
mental health services or by purchasers under M.G.L. c. 152.
Emergency Services. Services providing immediate face to face mental health evaluation,
diagnosis, hospital prescreening, treatment, and arrangements for further care and assistance as
required, up to 24 hours a day, seven days a week, to individuals showing sudden, incapacitating
emotional stress.
EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.
Family Consultation. A preplanned meeting of at least ½ hour with the parent or parents of a
child who is being treated at the center when the parent or parents are not clients of the center.
Family Therapy. The treatment of more than one member of a family unit at the same time in
the same session by one or more authorized staff members. At least one of the family members
must be an identified patient of the clinic program.
Governmental Unit. The Commonwealth of Massachusetts, or any of its departments, agencies,
boards, commissions or political subdivisions.
Group Therapy. A treatment session conducted by one or more authorized staff members for the
application of psychotherapeutic or counseling techniques to a group of people, most of whom
are not related by blood, marriage, or legal guardianship. The group shall not include more than
ten individuals.
Individual Consideration. Payment rates to eligible providers for services authorized in
accordance with 101 CMR 306.03(2), but not listed herein, or authorized services performed in
exceptional circumstances shall be determined on an Individual Consideration basis by the
governmental unit or purchaser under M.G.L. c. 152 upon receipt of a bill which describes the
services rendered. The determination of rates of payment for authorized Individual Consideration
procedures shall be in accordance with the following criteria:
(a) Time required to perform the service;
(b) Degree of skill required for service rendered;
(c) Severity and/or complexity of the client's disorder or disability;
(d) Policies, procedures, and practices of other third party purchasers of care;
(e) Such other standards and criteria as may be adopted from time to time by EOHHS
pursuant to 101 CMR 306.03(4).
Individual Therapy. A therapeutic meeting between a patient alone and one or more authorized
staff members to help ameliorate emotional problems, conflicts, and disturbances.
Medication Visit. A recipient visit to the center specifically for prescription, review, and
monitoring of medication by a psychiatrist or a psychiatric nurse mental health clinical specialist,
or administration of prescribed intramuscular medication by qualified personnel.
Modifiers. Listed services may be modified under certain circumstances. When applicable, the
modifying circumstances should be identified by the addition of the appropriate two digit number
or letters.
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306.02: continued
Multiple Family Group Therapy. The treatment of more than one family unit at the same time
in the same session by one or more authorized staff members. There is more than one family
member present per family unit and at least one of the family members per family unit must be
an identified patient of the clinic program.
Occupational Therapist. An individual who is registered with the American Occupational
Therapy Association and who also meets the conditions of participation which have been or may
be adopted by a governmental unit purchasing mental health services from eligible providers or
by purchasers of such services under M.G.L. c. 152.
Psychiatric Nurse. An individual who is currently registered by the Massachusetts Board of
Registration in Nursing and who has earned a master's degree from an accredited graduate school
of psychiatric nursing or who meets the conditions of participation which have been or may be
adopted by a governmental unit purchasing mental health services from eligible providers or by
purchasers of such services under M.G.L. c. 152.
Psychiatric Nurse Mental Health Clinical Specialist. A licensed registered nurse who is
authorized by the board of Registration in Nursing as practicing in an expanded role and who
meets the requirements of 244 CMR 4.13(3): Psychiatric Nurse Mental Health Clinical
Specialist.
Psychiatric Social Worker. An individual who has earned a Master's degree from an accredited
graduate school of social work or who meets the conditions of participation which have been or
may be adopted by a governmental unit purchasing mental health services from eligible providers
or by purchasers of such services under M.G.L. c. 152.
Psychiatrist. An M.D. who is registered in Massachusetts and who is certified or eligible for
certification by the American Board of Psychiatry and Neurology or who meets such conditions
of participation as have been or may be adopted by a governmental unit purchasing mental health
services from eligible providers or by purchasers of such services under M.G.L. c. 152.
Psychological Associate. Staff member trained in the field of clinical or counseling psychology
or a closely related specialty who:
(a) have a minimum of a master's degree or the equivalent graduate study in clinical or
counseling psychology or a closely related specialty from an accredited educational
institution;
(b) are currently enrolled in or have completed a doctoral program in clinical or counseling
psychology or a closely related specialty; and
(c) have had two years of full time supervised clinical experience subsequent to obtaining
a master's degree in a multidisciplinary mental-health setting. (One year of supervised
clinical work in an organized graduate internship program may be substituted for each year
of experience.)
Psychologist. An individual who by training and experience meets the requirements for licensing
by the Massachusetts Board of Registration of Psychologists and is duly licensed to practice
psychology in the Commonwealth or who meets the requirements of education and experience
in psychology that have been or may be adopted by a governmental unit purchasing mental health
services from eligible providers or by purchasers of such services under M.G.L. c 152.
Psychotherapy in Crisis. An urgent assessment and history of a crisis state, a mental status exam,
and a disposition. The treatment includes psychotherapy, mobilization of resources to defuse the
crisis and restore safety, and implementation of psychotherapeutic interventions to minimize the
potential for psychological trauma.
Publicly-aided Individual. A person for whose medical and other services a governmental unit
is in the whole or in part liable under a statutory program.
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306.02: continued
Reevaluation. A session between a client and one or more staff members who are authorized to
render mental health services for the determination and examination by interview techniques of
a patient's physical, psychological, social, economic, educational and vocational assets and
disabilities for the purpose of reevaluating the diagnostic formulation, treatment plan and
procedures in order to assess aspects of an individual's functioning.
Staff Member Authorized to Render Billable Mental Health Services. An individual who
provides the services referred to in 101 CMR 306.00 under the auspices of an eligible provider
and meets the qualifications of any of the following professions: psychiatrist, psychologist,
psychological associate, social worker, psychiatric nurse, psychiatric nurse mental health clinical
specialist, counselor or occupational therapist. This also includes staff members meeting the
qualifications which have been or may be adopted by a governmental unit purchasing mental
health services from eligible providers or by purchasers of such services under M.G.L. c. 152.
State-operated Community Mental Health Center. A community mental health center operated
by the Commonwealth, which is not financially or physically an integral part of a hospital.
Uniform Financial Statements and Independent Auditor's Report (UFR). The Uniform Financial
Statements and Independent Auditor's Report is the set of financial statements and schedules
required of many human, social service and health care providers who deliver services to
publicly-aided clients
306.03: Rate Provisions
(1) Rates as Full Compensation. The rates under 101 CMR 306.00 shall constitute full
compensation for mental health services provided by community health centers and mental
health centers to publicly aided and industrial accident patients, including full compensation for
necessary administration and professional supervision associated with patient care.
(2) Rates of Payment. Except as otherwise provided in 101 CMR 306.03(5)(c), payment rates
under 101 CMR 306.00 shall be the lower of:
(a) the Eligible Provider's usual charge to the general public; or
(b) the schedule of allowable rates for services provided by mental health centers and
community health centers as set forth in 101 CMR 306.03(5)(a).
(3) Child and Adolescent Needs and Strengths (CANS). Psychiatric Diagnostic Interview
Examination for Children and Adolescents Under the Age of 21. Eligible clinicians who
complete the CANS for a MassHealth child or adolescent under the age of 21 during a
psychiatric diagnostic interview examination must use procedure code 90791 accompanied by
a modifier -HA to bill for the service.
(4) Modifiers.
(a) -25: Significant, separately identifiable Evaluation and Management Service by the
same physician or other qualified health professional on the same day of the procedure or
other service. Modifier 25 applies to two E/M services provided on the same day.
(b) 59: Distinct Procedure Service. To identify a procedure distinct or independent from
other services performed on the same day add the modifier '-59' to the end of the appropriate
service code. Modifier '-59' is used to identify services/procedures that are not normally
reported together, but are appropriate under certain circumstances. However when another
already established modifier is appropriate, it should be used rather than modifier '-59.'
(c) -SA: Nurse Practitioner rendering service in collaboration with a physician.
(This modifier is to be applied to service codes billed by the mental health center which were
performed by a psychiatric nurse mental health clinical specialist.)
(5) Fee Schedule. Rates for community health centers and mental health centers.
(a) The payment rates for mental health services provided by mental health centers and
community health centers are as follows:
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EMERGENCY
306.03: continued
Rate
Effective
1/1/2014
Rate
Effective
1/1/2015
90791
$93.51
$94.18
Psychiatric diagnostic evaluation
90791-HA
$100.85
$100.85
Psychiatric diagnostic evaluation performed with a CANS (Children and
Adolescent Needs and Strengths)
90832
$36.11
$36.37
Psychotherapy, 30 minutes with patient and/or family member
90833
$36.11
$36.37
Psychotherapy, 30 minutes with patient and/or family member when
performed with an evaluation and management service (List separately in
addition to the code for primary procedure.)
90834
$72.21
$72.73
90836
$72.21
$72.73
90839
$163.96
$165.16
Psychotherapy in crisis up to 74 minutes
90840
$81.98
$82.58
Psychotherapy in crisis 30 minutes (not to exceed two units in one day
following 90839)
90847
$76.73
$77.28
Family psychotherapy (conjoint psychotherapy) (with patient present)
90849
$24.11
$24.29
Multiple-family group psychotherapy (per person per session not to exceed
ten clients)
90853
$24.11
$24.29
Group psychotherapy (other than multiple-family group)( per person per
session not to exceed ten clients)
90882
$62.54
$62.99
Environmental intervention for medical management purposes on a
psychiatric patient's behalf with agencies, employers, or institutions
90887
$38.92
$39.20
Interpretation or explanation of results of psychiatric, or other medical
examinations and procedures, or other accumulated data to family or other
responsible persons, or advising them how to assist patient (per one-half
hour)
90889
$37.61
$37.88
Preparation of report of patient's psychiatric status, history, treatment, or
progress (other than for legal or consultative purposes) for other physicians,
agencies, or insurance carriers (per one-half hour)
S9485
$488.00
$488.00
Emergency Services Program (ESP). The ESP provides crisis assessment,
intervention, and stabilization services 24 hours per day, seven days per
week, and 365 days per year, to individuals of all ages who are experiencing
a behavioral health crisis. The purpose of the ESP is to respond rapidly,
assess effectively, and deliver a course of treatment intended to promote
recovery, ensure safety, and stabilize the crisis in a manner that allows an
individual to receive medically necessary services in the community, or if
medically necessary, in an inpatient or 24-hour diversionary level of care.
(per 24 hour encounter)
$57.89
$58.30
Community Consultation and Education (per hour)
$85.83
$85.83
Reevaluation (per hour)
Rates as
indicated in
101 CMR
306.01(1)
Rates as
indicated in
101 CMR
306.01(1)
Psychological Testing
Service
Code
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Service Description
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EMERGENCY
306.03: continued
(b) The payment rates for mental health services provided by a Mental Health Center in a
nursing facility are as follows:
Rate
Effective
1/1/2014
Rate
Effective
1/1/2015
90791
$93.51
$94.18
Psychiatric diagnostic evaluation
90832
$36.11
$36.37
90833
$36.11
$36.37
90834
$72.21
$72.73
90836
$72.21
$72.73
90839
$163.96
$165.16
Psychotherapy in crisis up to 74 minutes
90840
$81.98
$82.58
Psychotherapy in crisis 30 minutes (not to exceed two units in one day
following 90839)
90847
$76.73
$77.28
Family psychotherapy (conjoint psychotherapy) (with patient present)
(includes residential care setting)
90849
$24.11
$24.29
Multiple-family group psychotherapy (per person per session not to exceed
ten clients)
90853
$24.11
$24.29
Group psychotherapy (other than multiple-family group)(per person per
session not to exceed ten clients)
90882
$62.54
$62.99
Environmental intervention for medical management purposes on a
psychiatric patient's behalf with agencies, employers, institutions (includes
residential care setting)
90887
$38.92
$39.20
Interpretation or explanation of results of psychiatric, or other medical
examinations and procedures, or other accumulated data to family or other
responsible persons, or advising them how to assist patient (includes
residential care setting) (per one-half hour)
Service
Code
Service Description
(c) Rates for Medication Visit. Services for Medication Visit shall be billed using the
appropriate Evaluation and Management code: 99201-99205, 99211-99215, 99304-99310,
99324-99328, 99334-99337, 99341-99345, and 99347-99350. Definitions, payment rules
and rates for these services are contained in 101 CMR 317.00: Medicine.
(d) The allowable fee for payment for covered E/M services provided by a practitioner other
than a psychiatrist is 85% of the fees described in 101 CMR 306.03(5)(a) through (c).
(e) Rates for state-operated community mental health centers. A state-operated community
mental health center will be paid at rates based on that center's reasonable cost of providing
covered services to eligible MassHealth members.
1. The methodology set forth below governs rates for non-ESP services provided by a
state-operated community mental health center between June 1, 2008 and June 30, 2009.
a. Initial Payments. Initial payments will be made at the rates in effect on the date
of service.
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EMERGENCY
306.03: continued
b. Preliminary Reconciliation. There will be a preliminary reconciliation for each
state-operated community mental health center based on the difference between the
Initial Payments and payments based on rates calculated using the center's
preliminary projected FY2009 reasonable costs. In order to determine the preliminary
projected FY2009 reasonable costs, EOHHS will review costs reported in the
FY2008 UFR by each state-operated community mental health center, and apply a
cost adjustment factor based on the Massachusetts Consumer Price Index.
c. Final Reconciliation. There will be a final reconciliation for each state-operated
community mental health center based on the difference between total payments
pursuant to the Preliminary Reconciliation and payments based rates calculated using
the center's reported reasonable costs for the rate period. In order to determine the
reported reasonable costs, EOHHS will review costs reported in the FY2009 UFR by
each state-operated community mental health center.
2. Rates effective July 1, 2009. Payments for services provided effective July 1, 2009
will be determined as follows:
a. Initial Payments. Initial payments will be based on rates calculated by applying
a cost adjustment factor to the reasonable costs reported by each center in its most
recently submitted UFR.
b. Final Reconciliation. For each fiscal year beginning July 1, 2009, there will be
a final reconciliation for each state-operated community mental health center based
on the difference between the Initial Payments and payments based on rates
calculated using the center's final reasonable costs for that fiscal year. In order to
determine the final reasonable costs, EOHHS will review the costs reported in each
center's UFR submitted for that fiscal year.
(4) Coding Updates and Corrections. EOHHS may publish procedure code updates and
corrections in the form of an Administrative Bulletin. The publication of such updates and
corrections will list:
(a) codes for which the code numbers only changed, with the corresponding cross-walk;
(b) codes for which the code remains the same but the description has changed;
(c) deleted codes for which there is no cross-walk. In addition, for entirely new codes
which require new pricing, EOHHS will list these codes and apply Individual Consideration
in reimbursing these new codes until rates are established.
(5) Billing. Each clinic shall bill the governmental unit according to the appropriate fee
schedule on a prescribed form. Each specific service must be separately enumerated on the bill.
306.04: Reporting Requirements and Sanctions
(1) Annual Reports. Each Eligible Provider must file an annual, and complete Uniform
Financial Report in accordance with the filing requirements of the Operational Services Division
as specified in its Audit and Preparation Manual.
(a) Community Health Centers that are Eligible Providers must file a complete and accurate
Community Health Center Cost Schedules within the UFR, making the required allocations
for mental health costs and services.
(b) Additional Information. Eligible Providers must file such additional information as
EOHHS may from time to time reasonably require.
(2) Failure to File Required Reports. EOHHS may reduce an Eligible Provider's payment rate
if the Provider fails to submit accurate and timely information as required above. EOHHS may
reduce the Provider's rate by 5% per month of non-compliance, not to exceed 50%. If the
Provider has not filed the required data at such time as EOHHS adopts revised payment rates that
are higher than the penalty-adjusted current rates, the Provider's rates will not be increased. If
the revised rates are lower than the penalty-adjusted current rates, the revised rate will become
effective and subject to further penalty for non-compliance. EOHHS may also notify the
governmental purchasing agency of the Provider's failure to submit required data and request that
the Provider be removed from the purchasing agency's list of Eligible Providers.
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EMERGENCY
306.04: continued
(3) Mergers, Acquisitions, Other Transfers. A provider involved in a merger, buy out,
acquisition, purchase, pooling of interest or other arrangement involving the transfer of business
will be treated as a single provider for the purposes of 101 CMR 306.04. All compliance
liabilities of the transferor shall be the responsibility of the transferee.
306.05: Severability
The provisions of 101 CMR 306.00 is severable, and if any provision of 101 CMR 306.00
or application of such provision to any mental health center or community health center or any
circumstances shall be held to be invalid or unconstitutional, such invalidity shall not be
construed to affect the validity or constitutionality of any remaining provisions of 101 CMR
306.00 or application of such provisions to mental health centers or community health centers
or circumstances other than those held invalid.
101 CMR 306.00: M.G.L. c. 118E and M.G.L. c. 152 § 13.
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(101 CMR 307.00 THROUGH 309.00: RESERVED)
1/16/15 (Effective 3/27/14)
519
EMERGENCY
(PAGES 521 THROUGH 600 ARE RESERVED FOR FUTURE USE.)
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Docket #
268
Regulation Filing
CHAPTER NUMBER:
103 CMR 483.00
CHAPTER TITLE:
Visiting Procedures
AGENCY:
This regulation clarifies the reasonable suspicion requirements prior to asking a visitor to a state
correctional facility to submit to a strip search, which search will not occur absent visitor consent.
G.L., c. 124, §§ 1 (b), (c), (q), G.L. c. 268, § 31 and G.L. c. 127, §§ 36 and
37
AGENCY CONTACT:
C. Raye Poole
ADDRESS:
70 Franklin Street, Suite 600, Boston, MA 02110
PHONE:
617-727-3300 x 1147
See attached.
Prior approval of the Governor's Office and the Executive Office of Administration and Finance has
been granted.
PUBLIC REVIEW -
41
FISCAL EFFECT -
n/a
n/a
No fiscal effect:
State correctional institutions; visitors; strip searches of visitors; reasonable suspicion; consent.
PROMULGATION -
It amends 103 CMR 483.14(4)(a) by clarifying the reasonable suspicion requirements prior to asking a
visitor to a state correctional facility to submit to a strip search, which search will not occur absent
visitor consent.
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Dec 23 2014
DATE:
01/16/2015
EFFECTIVE DATE:
1278
12/23/2014
Remove these pages:
Insert these pages:
regulation there are no
replacement pages.
12/23/2014
42
cm
103 CMR: DEPARTMENT OF CORRECTION
483.11: continued
3. No one may visit an inmate temporarily confined in an outside hospital (other than
the Lemuel Shattuck Hospital Correctional Unit). Inmates who are medically determined
to be in critical condition or in imminent danger of death may be allowed to have visits
if the superintendent of the institution from which the inmate was sent has provided
authorization.
4. An inmate who is paroled or otherwise released from Department of Correction
custody must obtain the permission of the superintendent before visiting an inmate who
is still confined. Unless the releasee is a relative of the inmate he wishes to visit, such
permission shall not be considered until six months have elapsed from the date of release.
Exceptions may be made by the Commissioner or a designee.
5. Before an inmate on furlough may visit a relative confined in another institution, the
inmate must obtain the permission of both superintendents.
6. Unless the facility's rules and procedures provide otherwise, any one wishing to visit
with two or more inmates together must obtain the prior permission of the superintendent
or a designee.
7. Except for the officials listed in 103 CMR 483.11(2)(a) and except as provided by
103 CMR 486.00 for attorneys, persons wishing to visit a correctional institution to
provide services to inmates or to examine or report on inmates or conditions must obtain
prior permission to visit. Unless a Department regulation (e.g.; 103 CMR
486.00:
Attorney Access; 103 CMR 131.00:
Media Access; 103 CMR
485.00: Volunteers) establishes a particular procedure for obtaining permission, such
visitors shall apply to the superintendent.
8. Requests for tours may be made either to the superintendent or to the Department's
public information officer. The superintendent may approve said request and shall
inform the public information officer of such a tour.
483.12: Identification and Sign-in Requirements
(1) Before being admitted to an institution, a visitor shall be required to produce identification
which, in the opinion of the admitting officer(s) is adequate. A current photographic
identification, such as a Massachusetts driver's license or a passport or an identification card
issued by the Department of Transitional Assistance shall be sufficient. Exceptions may be made
by the superintendent or a designee.
(2) An adult that is not the parent or guardian having physical custody of the minor must submit
a completed minor consent form to the institution’s superintendent and obtain the
Superintendent’s approval prior to visiting with the minor.
(3) Adults entering with a minor shall have the minor’s birth certificate and if the adult is not
the parent or guardian, a copy of the approved minor consent form with them each time they
visit.
(4) As a condition of entry, every visitor except the officials listed in 103 CMR 483.11(2)(a),
is required by statute to make and subscribe a statement under penalties of perjury stating true
name and residence, whether or not he has been convicted of a felony and, if visiting an inmate,
his relationship is by blood or marriage. Each institution shall provide either a sign-in sheet or
"request to visit inmate" forms for the purpose of 103 CMR 483.00.
(5) If the visitor answers that he has been convicted or a felony, the visitor may be required, as
a condition of entry, to provide a statement of the crime(s) for which the visitor was convicted
and the sentences served.
(6) The following persons shall not be asked to provide the statement generally required by
103 CMR 483.12(4): the Governor, a Member of the Governor's Council, a Member of the
General Court, a Justice or the Supreme Judicial, Superior or District Court, the Attorney
General, a District Attorney, the Commissioner, a Deputy or Associate Commissioner of
Correction, a Member of the Parole Board, a Parole or Probation Officer. Any such officer shall
be required to sign his name, state a business address and the office which brings him within the
exemption from the normal sign-in requirement.
6/4/04
103 CMR - 239
483.12: continued
(7) Each visitor shall be asked by the admitting officer before entrance into the institution if he
has a weapon. All weapons shall be given to the officer prior to entry to the institution. No
weapon shall be returned to the visitor unless the visitor can show proof of license.
483.13: Smuggling Prohibited
(1) It is a felony in Massachusetts for any person to deliver any article whatsoever to an inmate
without the permission of the superintendent or Commissioner (or to procure an article to be
delivered, to possess it with intent to deliver it, or to deposit or conceal it with intent that an
inmate shall obtain it).
(2) On entering, visitors must disclose to the admitting or searching officer(s) any article they
are carrying on their person except the clothes that they are wearing. Anyone who attempts to
carry in or out of the institution any article without the knowledge of the admitting or searching
officer(s) shall be liable to arrest and loss of visiting privileges.
(3) The provisions of 103 CMR 483.13(1) and (2) shall be posted at the entrance of the
institution.
483.14: Searches of Visitors
(1) Each superintendent shall have posted a large sign in the lobby or other entrance warning
that, "ALL VISITORS ARE SUBJECT TO BEING SEARCHED," and containing the same
wording in Spanish, "TODAS LAS VISITAS ESTAN SUJETAS A REVISION."
(2) Each superintendent shall establish a search procedure that is effective in preventing the
smuggling of articles of articles into the visiting area of the institution. The search procedure
may include as a prerequisite to admission that visitors successfully pass through a metal detector
and/or scanner, and/or a personal search, and that any articles they are carrying be thoroughly
searched. Where a visitor is unable to clear a metal detector and/or scanner, the visitor may be
asked to remove and submit for examination by a staff member outer articles of clothing that
may be causing a high reading. The search procedure may also include personal searches of
visitors who have already passed the initial screening and proceeded into the institution.
(3) A personal search of a visitor may not be conducted without prior authorization of the shift
commander. The visitor shall be granted the opportunity to leave the institution rather than
submit to a personal search unless;
(a) The employee has those arrest powers granted by the authority of M.G.L. c. 127, § 127
and;
(b) The employee has probable cause to believe that the visitor has committed an arrestable
offense; and
(c) The employee has probable cause to believe that the visitor has seizable evidence
concealed on his person.
Under these conditions, a personal search incident to arrest may be conducted.
(4) Officers on duty at any institution may ask a visitor seeking admission to submit to a strip
search, in order to assure the officers that the visitor is not smuggling any articles.
(a) Before conducting any such strip search, a correctional officer shall relate to his Shift
Commander his reason for suspecting that the visitor may be carrying concealed articles.
Strip searches may take place only with the approval of the Superintendent or a designee and
may only be conducted upon reasonable suspicion that the particular visitor is attempting to
smuggle articles into the institution. Reasonable suspicion for a strip search of a visitor
requires specific information that a particular visitor is smuggling articles into the institution;
information that the inmate associated with the visit has a history of illicit drug or other
activity, without more information specific to the visitor, is insufficient reason to justify a
strip search of the visitor. An anonymous tip must be corroborated by actual facts or by other
sources. The visitor needs to be specifically identified; the information received must be
from an identifiable and reliable source and must link the particular visitor to the smuggling
activity. This information must be known prior to making the request for the visitor to
consent to the strip search. If the visitor agrees to the strip search, the visitor shall record
such consent by signing a log book kept for that purpose. The searching employee shall enter
the date and time of the search and sign the log as well.
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EMERGENCY
483.14: continued
(b) The visitor shall be granted the opportunity to leave the institution rather than submit
to search and may leave at any time during the strip search unless;
1. The employee has those arrest powers granted by the authority of M.G.L. c. 127,
§ 127 and;
2. The employee has probable cause to believe that the visitor has committed an
arrestable offense; and
3. The employee has probable cause to believe that the visitor has seizable evidence
concealed on his person.
Under these conditions, a personal search incident to arrest may be conducted.
(c) The officer(s) conducting any strip search shall file an incident report concerning the
search with the superintendent prior to the end of the shift. The report shall contain the name
of the visitor, the names of the searching officers and of the official who approved the search,
the extent of the search, and what, if anything, was found.
(5) Employees may only conduct a visual inspection of a visitors oral, anal or genital cavities.
Any more intrusive form of search requires a search warrant. The assistance of the District
Attorney for the county in which the institution is located shall be requested in that event.
(6) Any person refusing to submit to any aspect of the search procedure shall be denied entrance
to the institution. Where the refusal occurs under circumstances indicating that the most likely
motive for refusal is to prevent discovery of concealed articles, where a suspicious pattern of
refusals is apparent, or where a visitor engages in offensive or assaultive behavior during the
search process, his visiting privileges may be suspended or terminated. The procedures outlined
in 103 CMR 483.16, shall be followed.
(7) Employees conducting searches shall do so in a professional and courteous manner.
(8) Personal searches and strip searches shall be conducted by a correctional employee of the
same sex as the visitor. Searches that involve removal of more than external clothing and
accessories shall be conducted in private.
(9) Papers and documents carried in or out by any judge, attorney, law student, paralegal, the
Governor, any legislator or member of the parole board may be inspected for concealed articles
but shall not be read.
483.15: Conduct of Visitors
Visitors shall be expected to dress and conduct themselves reasonably and not to engage in
physical contact with inmates that is excessive or inappropriate for a public place. Serious
deviations from appropriate standards of behavior may result in administrative action such as
warning, termination of a visit, or suspension or loss of visiting privileges.
483.16: Exclusion of Visitors
(1) Any visitor, even one who has obtained prior permission to visit, may be denied entrance
to the institution or told to terminate a visit and leave the premises. M.G.L. c. 266, § 123 makes
it a criminal trespass to refuse to leave an institution after being ordered by an officer to do so.
(2) A visitor who is denied entrance or asked to leave shall be told the reason for such action,
except when it is deemed that to specify the reason might jeopardize security interests or the
safety of any person.
(3) Where the problem is something that clearly can be remedied, the visitor may be told that
he may return to the institution at some specified time in the near future (such as the next day or
the next visiting period) or upon satisfaction of some stated condition (such as having sufficient
identification or being properly dressed). In cases where this is not appropriate, the visitor shall
be told to await notification from the superintendent before returning to the institution.
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EMERGENCY
483.16: continued
(4) The officer(s) responsible for denying entrance or terminating a visit shall, except where
such denial or termination is based on prior order of the superintendent, or on a failure to obtain
prior permission to visit where such permission is required by 103 CMR 483.11, file an incident
report with the superintendent, prior to the end of the shift. This report shall include the name
of the visitor and the inmate-visitee, the time of the denial or termination and the reasons
therefor. If the visitor has been informed that he may return at some specified time in the near
future or upon satisfaction of some condition, the report shall so indicate.
(5) The superintendent or a designee shall promptly review all visitor incident reports and
conduct whatever factual investigation deemed necessary. After such review, and within one
week or receipt of the incident report, the superintendent shall do one of the following.
(a) In a case where the visitor has been told that he may return to the institution at some
specified time or upon the satisfaction of some stated condition, the superintendent may take
no action, thus allowing the resumption of visits to occur.
(b) The superintendent may notify the visitor that he may return to the institution to resume
visiting.
(c) The superintendent may notify the visitor in writing that he may resume visiting under
specified conditions.
(d) The superintendent may notify the visitor in writing that visiting privileges are
suspended for a specified period up to one year and that he may reapply for admission at the
end of the period or that readmission will be automatic. The written notice shall contain a
statement of the reasons for the superintendent's action except when, in the opinion of the
superintendent, specifying reasons might jeopardize security interests or the safety of any
individual. A copy of each such notice shall be sent forthwith to the Commissioner, and a
copy shall be given to the inmate who is visited by the visitor.
(6) Every superintendent's notice pursuant to 103 CMR 483.16(5)(c) and (d), shall advise the
visitor that he may seek a review or reconsideration of the barring, suspension, or restrictions by
the superintendent by sending him a letter within 15 business days. The visitor's letter shall
include a detailed narrative describing the incident and setting forth the reason the visitor feels
the bar, suspension or restriction should be lifted. The visitor may also request an informal
meeting with the Superintendent or a designee.
(7) The superintendent shall review any visitor's letter and shall respond no later than two
weeks from receipt of a letter seeking review or reconsideration of any bar, suspension or
restriction still in effect. The superintendent may take any action he deems necessary to resolve
questions raised by a visitor's letter including, but not limited to, additional investigation of the
facts, consultation with the Commissioner, the Department's legal office, or the conducting of
an informal meeting or conference. After review, the superintendent may eliminate, reduce, or
modify the specific limitations on visiting. No person shall be penalized for exercising the rights
of appeal provided by 103 CMR 483.00.
(8) Before any attorney or any of the officials listed in 103 CMR 483.11(2)(a), is excluded, the
superintendent or other officer in charge shall be consulted.
The superintendent shall consult with the General Counsel regarding any attorney and the
Commissioner regarding any of the officials listed in 103 CMR 483.11(2)(a), prior to any bar.
The superintendent shall then make the decision as to whether exclusion is appropriate. Within
15 business days of any such exclusion, the superintendent shall take any of the actions listed in
103 CMR 483.16(5). In addition to rights to seek reconsideration or review by the
superintendent, pursuant to 103 CMR 483.16(6), the attorney or official may immediately appeal
any exclusion to the Commissioner.
(9) Whenever an inmate is transferred out of an institution whose regular visitor is currently
suspended or barred from visiting, the superintendent of the institution to which he is transferred
shall be notified by the sending institution of the suspension or bar. The suspended visitor may
apply to the superintendent of the new institution for permission to visit. The superintendent
may allow the visit, or deny visitation for a period not to exceed the original suspension.
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483.16: continued
(10) Nothing in 103 CMR 483.00 shall in any way impair the superintendent's authority
pursuant to M.G.L. c. 127, § 37 to exclude a visitor whenever, in the superintendent's opinion,
admitting that person to visit would be injurious to the best interests of the institution, or the
superintendent's and Commissioner's authority pursuant to M.G.L. c. 127, § 36 to deny
permission to visit.
483.17: Visiting Records
(1) A card shall be kept for every inmate on which shall be recorded the name of every person
who visits that inmate and the dates on which those visits occur. This card shall be transferred
along with the inmate's institutional file whenever the inmate is transferred.
(2) Each institution shall keep in a permanent chronological file all request to visit inmate forms
and all visitor sign-in sheets.
483.18: Time Limits
All procedural time limits set forth in 103 CMR 483.00 are directory and may be modified
by the superintendent or Commissioner.
483.19: Emergencies
Whenever in the opinion of the Commissioner, Deputy Commissioner or the superintendent
of a state correctional institution, an emergency exists which requires suspension of all or part
of 103 CMR 483.00, the superintendent may order such suspension except that any such
suspension lasting beyond 48 hours may be authorized by the Commissioner
483.20: Responsible Staff
The superintendent of each institution shall be responsible for implementing and monitoring
103 CMR 483.00.
483.21: Annual Review
103 CMR 483.00 shall be reviewed at least annually by the Commissioner or a designee.
The party or parties conducting the review shall develop a memorandum to the Commissioner
with a copy to the Central Policy File indicating that the review has been completed.
Recommendations for revisions, additions, or deletions shall be included for the Commissioner's
written approval.
If any article, section, subsection, sentence, clause or phrase of 103 CMR 483.00 is for any
reason held to be unconstitutional, contrary to statute, in excess of the authority of the
Commissioner or otherwise inoperative, such decision shall not affect the validity of any other
article, section, subsection, sentence, clause or phrase of 103 CMR 483.00.
103 CMR 483.00: M.G.L. c. 124, §§ 1(b), (c) and (q); c. 268, § 31; c. 127, §§ 36 and 37.
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NON-TEXT PAGE
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Docket #
5,930
Regulation Filing
CHAPTER NUMBER:
114.3 CMR 6.00
CHAPTER TITLE:
Mental Health Services
AGENCY:
Division of 114.3 CMR Health Care Finance and Policy
114.3 CMR 6.00 is being repealed. The Executive Office of Health and Human Services is
repromulgating the regulations as 101 CMR 306.00.
M.G.L. c. 118E and 12C
AGENCY CONTACT:
Deborah Briggs
ADDRESS:
100 Hancock Street, 6th Floor, Quincy, MA 02171
PHONE:
617-847-3302
114.3 CMR 6.00, the Division regulation, is being repealed on an emergency basis, and 101 CMR
306.000, the EOHHS successor regulation, is being adopted on an emergency basis, effective for
dates of service beginning January 1, 2014.
PUBLIC REVIEW -
May 5, 2014
43
FISCAL EFFECT -
No fiscal effect:
No fiscal effect.
N/A
N/A
PROMULGATION -
N/A
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Dec 26 2014
DATE:
01/16/2015
EFFECTIVE DATE:
1278
03/27/2014
Remove these pages:
regulation.
Insert these pages:
pages.
12/26/2014
44
cm
114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY
AMBULATORY CARE
(114.3 CMR 1.00 THROUGH 6.00: RESERVED)
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EMERGENCY
114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY
AMBULATORY CARE
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588
EMERGENCY
Docket #
Regulation Filing
CHAPTER NUMBER:
130 CMR 429.000
CHAPTER TITLE:
Mental Health Services
AGENCY:
The amendments conform and clarify changes that stem from billing of E/M codes and to ensure that
its provisions and revisions to 101 CMR 306.000 align. These changes include clarification of ‘crisis
intervention’ services as ‘psychotherapy in crisis’ services, and specify the types of staff members,
including psychiatric nurse mental health clinical specialists, who are authorized to render mental
health services for which mental health centers may bill.
M.G.L. c. 118E
AGENCY CONTACT:
Deborah Briggs
ADDRESS:
100 Hancock Street, Quincy, MA 02171
PHONE:
617-847-3302
This MassHealth regulation at 130 CMR 429.000 is being adopted on an emergency basis along with
(adoption)101 CMR 306.00 and (repeal)114.3 CMR 6.00. This emergency adoption complies with St.
2013, c.118, §32, requiring the rates to be effective for dates of service beginning January 1, 2014.
Executive Office of Communities and Development:March 28, 2014
Massachusetts Municipal Association: March 28, 2014
PUBLIC REVIEW -
April 11, 2014 - May 2, 2014
45
971
FISCAL EFFECT -
Combined fiscal effect filed with 101 CMR 306.00
See above
No fiscal effect:
N/A
PROMULGATION -
Amends 130 CMR 429.000 by revising sections 429402, 429.403, 429.404, 429.406, 429.408,
429.421,429.422, 429.424, 429.431, and 429.441.
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Dec 26 2014
DATE:
01/16/2015
EFFECTIVE DATE:
1278
03/27/2014
Remove these pages:
regulation.
Insert these pages:
pages.
12/26/2014
46
cm
130 CMR: DIVISION OF MEDICAL ASSISTANCE
130 CMR 429.000:
MENTAL HEALTH CENTER SERVICES
Section
429.401:
429.402:
429.403:
429.404:
429.405:
429.406:
429.407:
429.408:
429.409:
429.410:
429.411:
429.412:
429.421:
429.422:
429.423:
429.424:
429.431:
429.432:
429.433:
429.434:
429.435:
429.436:
429.437:
429.438:
429.439:
429.440:
429.441:
429.442:
Introduction
Definitions
Eligible Members
Provider Eligibility
In-state Providers: Certification
In-state Providers: Reporting Requirements
In-state Providers: Revocation of Certification
In-state Providers: Maximum Allowable Fees
Out-of-state Providers: Maximum Allowable Fees
Nonreimbursable Services
Referrals
Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services
Scope of Services
Staff Composition Requirements
Position Specifications and Qualifications
Qualifications of Professional Staff Authorized to Render Billable Mental Health Center
Services by Core Discipline
Operating Procedures
Treatment Planning and Case Review
Coordination of Medical Care
Schedule of Operations
Utilization Review Plan
Recordkeeping Requirements
Written Policies and Procedures
Administration
Satellite Programs
Outreach Programs
Service Limitations
Child and Adolescent Needs and Strengths (CANS) Data Reporting
429.401: Introduction
130 CMR 429.000 establishes requirements for participation of mental health centers in
MassHealth and governs mental health centers operated by freestanding clinics, satellite facilities
of clinics, and identifiable units of clinics. All mental health centers participating in MassHealth
must comply with the MassHealth regulations, including but not limited to 130 CMR 429.000
and 450.000: Administrative and Billing Regulations.
429.402: Definitions
The following terms used in 130 CMR 429.000 have the meanings given in 130 CMR
429.402 unless the context clearly requires a different meaning.
After-hours Telephone Service — telephone coverage during the hours when the center is closed
for members who are in a crisis state.
Autonomous Satellite Program — a mental health center program operated by a satellite facility
with sufficient staff and services to substantially assume its own clinical management
independent of the parent center.
Case Consultation — environmental intervention for medical management purposes on a
psychiatric patient's behalf with agencies, employers, or institutions which may include the
preparation of reports of the patient's psychiatric status, history, treatment, or progress (other than
for legal purposes) for other physicians, agencies, or insurance carriers.
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409.402: continued
Child and Adolescent Needs and Strengths (CANS) — a tool that provides a standardized way
to organize information gathered during behavioral-health clinical assessments. A Massachusetts
version of the tool has been developed and is intended to be used as a treatment decision support
tool for behavioral-health providers serving MassHealth members under the age of 21.
Core Discipline — one of the following disciplines: psychiatry, social work, psychology, or
psychiatric nursing (including a psychiatric nurse mental health clinical specialist), most or all
of which are represented by the professionals qualified in these disciplines who comprise a
mental health center's core team.
Core Team — a group of three or more mental-health professionals that must include a
psychiatrist and one each of at least two of the following professionals: a licensed psychologist,
independently licensed clinical social worker, psychiatric nurse mental health clinical specialist,
or psychiatric nurse. The members of this group collaborate in developing a diagnostic
evaluation and treatment plan for the patient, utilizing their particular skills, competencies, and
perspectives.
Couple Therapy —psychotherapeutic services provided to a couple whose primary complaint is
the disruption of their marriage, family, or relationship.
Dependent Satellite Program — a mental health center program in a satellite facility that is under
the direct clinical management of the parent center.
Diagnostic Services — the examination and determination of a patient's physical, psychological,
social, economic, educational, and vocational assets and disabilities for the purpose of designing
a treatment plan.
Family Consultation — a scheduled meeting of at least one-half hour with one or more of the
parents, legal guardian, or foster parents of a child who is being treated by clinical staff at the
center, when the parents, legal guardian, or foster parents are not clients of the center.
Family Therapy — the psychotherapeutic treatment of more than one member of a family
simultaneously in the same session.
Freestanding Clinic — any institution licensed as a clinic by the Massachusetts Department of
Public Health pursuant to M.G.L. c. 111, § 51, that is not part of a hospital and that possesses
its own legal identity, maintains its own patient records, and administers its own budget and
personnel. Such institutions include mental health centers and community health centers.
Group Therapy — the application of psychotherapeutic or counseling techniques to a group of
persons, most of whom are not related by blood, marriage, or legal guardianship.
Home Visits — crisis intervention, individual, group, or family therapy, and medication provided
in the residence (excluding a medical institution) of a current member, when the member is
unable to be served on the center's premises.
Identifiable Unit — a separate organizational unit that is located in a separate part of a clinic, and
that is identifiable in its fiscal, personnel, and program elements.
Individual Therapy — psychotherapeutic services provided to an individual.
Long-term Therapy — a combination of diagnostics and individual, couple, family, and group
therapy planned to extend more than 12 sessions.
Medication Visit — a member visit specifically for the prescription, review, and monitoring of
psychotropic medication by a psychiatrist, or psychiatric nurse mental health clinical specialist,
or administration of prescribed intramuscular medication by a physician or a nurse.
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429.402: continued
Mental Health Center (Center) — an entity that delivers a comprehensive group of diagnostic
and psychotherapeutic treatment services to mentally or emotionally disturbed persons and their
families by an interdisciplinary team under the medical direction of a psychiatrist.
Mental Illness — mental and emotional disorders as defined in the current International
Classification of Diseases, Clinical Modification or the American Psychiatric Association's
Diagnostic and Statistical Manual, and manifested by impaired functioning in behavior, feeling,
thinking, or judgment to the extent that the affected person, or someone else, can observe that
the person affected is unable to fulfill reasonable personal and social expectations.
Multiple-family Group Therapy — the treatment of more than one family unit at the same time
in the same session, by one or more authorized staff members. There is more than one family
member present per family unit and at least one of the family members per family unit must be
an identified patient of the clinic program.
Outreach Program — a mental health center program located off the premises of the mental
health center that:
(1) is located in the same Department of Mental Health area as the mental health center or
in a contiguous area;
(2) is open to patients no more than 20 hours per week; and
(3) on a regular basis offers no more than 40 staff hours per week of mental health services.
Parent Center — the central location of the mental health center, at which most of the
administrative, organizational, and clinical services are performed.
Professional Staff Member Authorized to Render Billable Mental Health Center Services — a
person trained in the discipline of psychiatry, clinical or counseling psychology, psychiatric
social work, psychiatric nursing (includes a psychiatric nurse mental health clinical specialist),
counseling, or occupational therapy as described in 130 CMR 429.424.
Psychological Testing — the use of standardized test instruments to evaluate aspects of an
individual's functioning, including aptitudes, educational achievements, cognitive processes,
emotional conflicts, and type and degree of psychopathology, subject to the limitations of
130 CMR 429.441(F).
Psychotherapy in Crisis — an urgent assessment and history of a crisis state, a mental status
exam, and a disposition. The treatment includes psychotherapy, mobilization of resources to
defuse the crisis and restore safety, and implementation of psychotherapeutic interventions to
minimize the potential for psychological trauma.
Satellite Facility — a mental health center program at a different location from the parent center
that operates under the license of and falls under the fiscal, administrative, and personnel
management of the parent center and that meets the following criteria.
(1) It is open to patients more than 20 hours a week.
(2) It offers more than 40 person hours a week of services to patients.
Short-term Therapy — a combination of diagnostics and individual, couple, family, and group
therapy planned to terminate within 12 sessions.
Supervised Clinical Experience — experience in providing diagnostic and treatment services in
an organized mental health setting to individuals, families, and groups of individuals under the
direct and continuing supervision of a professional qualified in psychiatry, clinical or counseling
psychology, psychiatric social work, or psychiatric nursing (includes psychiatric nurse mental
health clinical specialist).
429.403: Eligible Members
(A) (1) MassHealth Members. MassHealth covers mental health center services only when
provided to eligible MassHealth members, subject to the restrictions and limitations described
in the MassHealth agency's regulations. 130 CMR 450.105: Coverage Types specifically states,
for each MassHealth coverage type, which services are covered and which members are eligible
to receive those services.
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429.403: continued
(2) Members of the Emergency Aid to the Elderly, Disabled and Children Program. For
information on covered services for members of the Emergency Aid to the Elderly, Disabled
and Children Program, see 130 CMR 450.106: Emergency Aid to the Elderly, Disabled and
Children Program.
(B) For information on verifying member eligibility and coverage type, see 130 CMR
450.107: Eligible Members and the MassHealth Card.
(C) For limitations on mental health and substance abuse services provided to members
enrolled with a MassHealth managed care provider, see 130 CMR 450.124: Behavioral Health
Services.
429.404: Provider Eligibility
(A) In-state. Payment for the services described in 130 CMR 429.000 will be made only to
mental health centers participating in MassHealth on the date of service. A center operated by
a freestanding clinic, a satellite facility of a clinic, or an identifiable unit of a clinic, is eligible
to participate only if the center is licensed by the Massachusetts Department of Public Health,
is a Medicare-participating provider, and is certified by the MassHealth agency for the provision
of mental health services at that location. However, the MassHealth agency may waive the
clinic-licensure requirement for community health centers operated by local health departments
that are thus exempt from licensure by the Massachusetts Department of Public Health under
M.G.L. c. 111, § 52, and that the MassHealth agency has certified as performing community
health center services.
(B) Out-of-state. To participate in MassHealth, an out-of-state mental health center must obtain
a MassHealth provider number and meet the following criteria:
(1) if the center is required by its own state's law to be licensed, the center must be licensed
by the appropriate state agency under whose jurisdiction it operates;
(2) the center must participate in its own state's medical assistance program or its
equivalent;
(3) the center must be a Medicare-participating provider; and
(4) the center must have a rate of reimbursement established by the appropriate rate setting
regulatory body of its state.
429.405: In-state Providers: Certification
(A) A center operated by a freestanding clinic, or an identifiable unit of a clinic, must meet the
requirements listed in 130 CMR 429.421 through 429.441 in order to be certified by the
MassHealth agency. A center operated by a satellite facility of a freestanding clinic must meet
all the requirements for certification as well as the additional requirements outlined in 130 CMR
429.439, except for a dependent satellite program that is exempt from full compliance with
130 CMR 429.421, subject to the conditions set forth in 130 CMR 429.439(D).
(B) A separate application for certification as a mental health center must be submitted for each
parent center and satellite facility operated by the applicant. The application must be made on
the form provided by the MassHealth agency and must be submitted to the MassHealth agency's
Mental Health Center Program. The MassHealth agency may request additional information
from the applicant to evaluate the center's compliance with 130 CMR 429.000.
(C) Based on the information revealed in the certification application and the findings of a site
inspection, the MassHealth agency will determine whether the applicant is certifiable or not. The
MassHealth agency will notify the applicant of the determination in writing within 60 days after
the date of the site visit. If the MassHealth agency determines that the applicant is not certifiable,
the notice will contain a statement of the reasons for that determination, recommendations for
corrective action, and an assessment of the applicant's prospects for certification, so that the
applicant may reapply for certification once corrective action has been taken.
(D) The certification is valid only for the center described in the application and is not
transferable to other centers operated at other locations by the applicant. Any additional center
established by the applicant at a satellite facility must obtain separate certification from the
MassHealth agency in order to receive payment.
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429.406: In-state Providers: Reporting Requirements
(A) All mental health centers must complete an annual report on forms furnished by the
MassHealth agency and file them with the MassHealth agency within 90 days after the close of
the MassHealth agency's fiscal year. The report must include the current staffing pattern,
indicate any revisions or changes in written policies and procedures, describe the role of the
psychiatrist, and provide any other information that the MassHealth agency may request.
(B) The MassHealth agency may conduct a site visit to verify compliance with 130 CMR
429.000. If deficiencies are observed during such a site visit, the MassHealth agency will send
the center a letter itemizing these deficiencies. The center must then submit a plan of correction
for all deficiencies cited in the letter, including the specific corrective steps to be taken, a
timetable for these steps, and the date by which full compliance will be achieved, which must
be no later than three months after the date of the MassHealth agency's letter. The MassHealth
agency will accept the plan of correction only if it conforms to these requirements.
(C) All centers must submit promptly to the MassHealth agency the name and resume of any
new clinical director or administrator. (See 130 CMR 429.423.)
(D) All centers must comply with all reporting requirements established under regulations of
the Executive Office of Health and Human Services (EOHHS).
429.407: In-state Providers: Revocation of Certification
(A) The MassHealth agency has the right to review a mental health center's continued
compliance with the conditions for certification referred to in 130 CMR 429.405 and the
reporting requirements in 130 CMR 429.406 upon reasonable notice and at any reasonable time
during the center's hours of operation. The MassHealth agency has the right to revoke the
certification, subject to any applicable provisions of 130 CMR 450.000: Administrative and
Billing Regulations, if such review reveals that the center has failed to or ceased to meet such
conditions.
(B) If the MassHealth agency determines that there exists good cause for the imposition of a
lesser sanction than revocation of certification, it may withhold payment, temporarily suspend
the center from participation in MassHealth, or impose some other lesser sanction as the
MassHealth agency sees fit.
429.408: In-state Providers: Maximum Allowable Fees
(A) The MassHealth agency pays for mental health center services with rates set by EOHHS,
subject to the conditions, exclusions, and limitations set forth in 130 CMR 429.000. EOHHS
fees for mental health center services are contained in 101 CMR 306.00: Rates of Payment for
Mental Health Services Provided by Community Health Centers and Mental Health Centers.
(B) In the event that the center has a sliding-scale charge structure, the maximum published
charges will be considered the center’s usual charge to the general public, provided the following
conditions are met:
(1) the center's full charges must be published in a fee schedule;
(2) the center's revenues must be based on the application of full charges with allowances
noted for reduction of fees;
(3) the center's procedure for reduction of fees must be in accordance with written policies;
and
(4) the center must maintain sufficient information to document the amount of the
reductions.
(C) Administrative Operations. Payment by the MassHealth agency for a mental health service
includes payment for administrative operations and for all aspects of service delivery not
explicitly included in 130 CMR 429.000, such as, but not limited to:
(1) patient registration;
(2) telephone contacts with members or other parties;
(3) supervision or consultation with another staff member;
(4) information and referral; and
(5) recordkeeping.
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429.409: Out-of-state Providers: Maximum Allowable Fees
Payment to a mental health center located out-of-state is in accordance with the applicable
rate schedule of its state's medical assistance program or its equivalent and is always subject to
the applicable conditions, exclusions, and limitations set forth in 130 CMR 429.000.
429.410: Nonreimbursable Services
(A) Nonmedical Services. The MassHealth agency does not pay mental health centers for
nonmedical services. These services include, but are not limited to, the following:
(1) vocational rehabilitation services;
(2) sheltered workshops (a program of vocational counseling and training in which
participants receive paid work experience or other supervised employment);
(3) educational services;
(4) recreational services (play therapy, the use of play activities with a child in an identified
treatment setting as an alternative to strictly verbal expression of conflicts and feelings, is not
considered a recreational service and is reimbursable);
(5) street worker services (information, referral, and advocacy to certain age populations;
liaison with other agencies; role modeling; and community organization); and
(6) life-enrichment services (ego-enhancing services such as workshops or educational
courses provided to functioning persons).
(B) Nonmedical Programs. The MassHealth agency does not pay for diagnostic and treatment
services that are provided as an integral part of a planned and comprehensive program that is
organized to provide primarily nonmedical or other nonreimbursable services. Such programs
include residential programs, day activity programs, drop-in centers, and educational programs.
(C) Research and Experimental Treatment. The MassHealth agency does not pay for research
or experimental treatment.
(D) Referrals. A provider to whom a member is referred must bill the MassHealth agency
directly, not through the mental health center. (See 130 CMR 429.411.)
429.411: Referrals
(A) All services provided by referral must be based on written agreements between the mental
health center and the provider to whom a member is referred that ensure continuity of care,
exchange of relevant health information, such as test results and records, and avoidance of
service duplication. This agreement must also contain follow-up provisions to ensure that the
referral process is completed successfully.
(B) The provider to whom a member is referred must bill the MassHealth agency directly for
all such referral services, not through the mental health center. In order to receive payment for
referral services, the referral provider must be a participating provider in MassHealth on the date
of service.
429.412: Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services
The MassHealth agency pays for all medically necessary mental health center services for
EPSDT-eligible members in accordance with 130 CMR 450.140: Early and Periodic Screening,
Diagnosis and Treatment (EPSDT) Services: Introduction, without regard to service limitations
described in 130 CMR 429.000, and with prior authorization.
429.421: Scope of Services
(A) Requirements.
(1) A mental health center must have services available to treat a wide range of mental and
emotional disorders, and it must provide comprehensive diagnostic assessments for a wide
range of problems. In certain rare circumstances, the MassHealth agency may waive the
requirement that the center directly provide one or more of these services if the center has
a written referral agreement with another source of care to provide such services, and makes
such referrals according to the provisions of 130 CMR 429.411.
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429.421: continued
(2) All services must be clinically determined to be medically necessary and appropriate,
and must be delivered by qualified staff in accordance with 130 CMR 429.424, and as part
of the treatment plan in accordance with 130 CMR 429.432. These services are provided in
intermittent sessions that ordinarily last less than two hours and are available on a walk-in
or an appointment basis. Except for diagnostic and crisis intervention/emergency services,
mental health centers must deliver all services to members with a psychiatric diagnosis and
who function at a sufficient level to benefit from treatment.
(B) Diagnostic and Treatment Services. A center must have the capacity to provide at least the
following diagnostic and treatment services, as defined in 130 CMR 429.402:
(1) diagnostic services;
(2) psychological testing;
(3) long-term therapy;
(4) short-term therapy;
(5) individual therapy;
(6) couple therapy;
(7) family therapy;
(8) group therapy;
(9) medication visit;
(10) case consultation; Case consultation must consist of a scheduled meeting between the
clinical staff at the mental health center and other providers of treatment concerning a
member who is a center's client. Other providers of treatment are professional staff, who are
not employed by the mental health center, but who are actively providing care or treatment
for the member, including professional staff providing services on behalf of an employer.
The purpose of case consultation must include at least one of the following:
1. identifying and planning for additional services;
2. coordinating a treatment plan with other providers involved in the member's care;
3. reviewing the member's progress; or
4. revising the treatment plan as required.
(11) family consultation;
(12) psychotherapy in crisis intervention/emergency services;
(13) after-hours telephone service. The telephone service must provide arrangements for
effectively responding to the crisis. (A tape-recorded telephone message instructing patients
to call a hospital emergency room is not acceptable.) Acceptable arrangements include
(a) professional staff members available to talk to clients over the telephone and, if
indicated, to arrange for further care and assistance directly or through referral; or
(b) an after-hours live telephone service and a referral arrangement with a local hospital
emergency department or other emergency service, established through a written
agreement that sets forth the policy, personnel, referral, coordination, and other
procedural commitments as set forth in 130 CMR 429.411; and
(14) home visits.
429.422: Staff Composition Requirements
(A) The mental health center must have a balanced interdisciplinary staffing plan that includes
three or more core professional staff members who meet the qualifications outlined in 130 CMR
429.424 for their respective professions. Of these, one must be a psychiatrist, and two must be
from separate nonphysician core disciplines, including psychology, social work, or psychiatric
nursing. Certain additional staffing requirements are contained in 130 CMR 429.423.
(B) The staff must have specific training and experience to treat the target populations of the
center. For example, staff treating children are required to have specialized training and
experience in children's services. As further described in 130 CMR 429.424, staff who provide
individual, group, family therapy, and multiple family group therapy to members under the age
of 21 must be certified every two years to administer the Child and Adolescent Needs and
Strengths (CANS), according to the process established by the Executive Office of Health and
Human Services (EOHHS).
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(C) For clinic-licensed mental health centers, the staff composition requirements are contained
in 130 CMR 429.422 and 429.423. Clinic-licensed mental health centers must employ the
equivalent of at least three full-time professional staff members, two of whom must be core team
members who meet qualifications outlined in 130 CMR 429.423 for their respective disciplines.
When a clinic-licensed mental health center has ten employees or fewer, the core team must
work a minimum of 20 hours a week.
(D) Dependent satellite programs must employ at least two full-time equivalent professional
staff members from separate nonphysician core disciplines. The Director of Clinical Services
at the parent center must ensure that supervision requirements of 130 CMR 429.438(E) are
performed. If the satellite program's staff do not meet the qualifications for core disciplines as
outlined in 130 CMR 429.424, they must receive supervision from qualified core staff
professionals of the same discipline at the parent center.
(E) For clinic-licensed community health centers, the center must employ at least two half-time
professional staff members from separate, nonphysician core disciplines who meet the
qualifications outlined in 130 CMR 429.424 for their respective disciplines.
(F) Autonomous satellite programs, as defined in 130 CMR 429.402, must meet the
requirement’s specified in 130 CMR 429.422(C).
429.423: Position Specifications and Qualifications
(A) Administrator. The mental health center must designate one individual as administrator,
who is responsible for the overall operation and management of the center and for ensuring
compliance with MassHealth regulations. The administrator must have previous training or
experience in personnel, fiscal, and data management, as described in 130 CMR 429.438.
(1) The same individual may serve as both the administrator and clinical director.
(2) In a community health center, the administrator of the entire facility may also administer
the mental health center program.
(B) Director of Clinical Services. Mental health centers must designate a professional staff
member to be the clinical director who is then responsible to the administrator for the direction
and control of all professional staff members and services.
(1) The clinical director must be licensed, certified, or registered to practice in one of the
core disciplines listed in 130 CMR 429.424, and must have had at least five years of
full-time, supervised clinical experience subsequent to obtaining a master's degree, two years
of which must have been in an administrative capacity. The clinical director must be
employed on a full-time basis. When the clinic is licensed as a community health center, the
clinical director must work at the center at least half-time.
(2) The specific responsibilities of the clinical director include
(a) selection of clinical staff and maintenance of a complete staffing schedule;
(b) establishment of job descriptions and assignment of staff;
(c) overall supervision of staff performance;
(d) accountability for adequacy and appropriateness of patient care;
(e) in conjunction with the medical director, accountability for employing adequate
psychiatric staff to meet the psychopharmalogical needs of clients;
(f) establishment of policies and procedures for patient care;
(g) program evaluation;
(h) provision of some direct patient care in circumstances where the clinical director is
one of the three minimum full-time equivalent staff members of the center;
(i) development of in-service training for professional staff; and
(j) establishment of a quality management program.
(C) Medical Director. The mental health center must designate a psychiatrist who meets the
qualifications outlined in 130 CMR 429.424(A) as the medical director, who is then responsible
for establishing all medical policies and protocols and for supervising all medical services
provided by the staff. The medical director must work at the center a minimum of eight hours
a week. When the clinic is licensed as a community health center, the medical director must
work at the center at least four hours a week.
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(D) Psychiatrist.
(1) The roles and duties of administrator, director of clinical services, and medical director,
as detailed in 130 CMR 429.423(A) through (C), may be assumed, all or in part, by a
psychiatrist on the center's staff, provided that provision of services to members and
performance of all relevant duties in these regulations are carried out to meet professionally
recognized standards of health care, as required by 130 CMR 450.000: Administrative and
Billing Regulations.
(2) The role of the psychiatrist in the center, apart from any duties that may be assumed
under 130 CMR 429.423(A), (B), or (C), must include the following:
(a)
responsibility for the evaluation of the physiological, neurological, and
psychopharmacological status of the center's clients;
(b) involvement in diagnostic formulations and development of treatment plans;
(c) direct psychotherapy, when indicated;
(d) participation in utilization review or quality-assurance activity;
(e) coordination of the center's relationship with hospitals and provision of general
hospital consultations as required;
(f) supervision of and consultation to other disciplines; and
(g) clinical coverage on an "on call" basis at all hours of center operation.
429.424: Qualifications of Professional Staff Members Authorized to Render Billable Mental Health Center
Services by Core Discipline
(A) Psychiatrist.
(1) At least one staff psychiatrist must either currently be certified by the American Board
of Psychiatry and Neurology, or be eligible and applying for such certification.
(2) Any additional psychiatrists must be, at the minimum, licensed physicians in their
second year of a psychiatric residency program accredited by the Council on Medical
Education of the American Medical Association. Such physicians must be under the direct
supervision of a fully qualified psychiatrist.
(3) Any psychiatrist or psychiatric resident who provides individual, group, or family
therapy to members under the age of 21 must be certified every two years to administer the
CANS, according to the process established by the Executive Office of Health and Human
Services (EOHHS).
(B) Psychologist.
(1) At least one staff psychologist must be licensed by the Massachusetts Board of
Registration of Psychologists with a specialization listed in clinical or counseling psychology
or a closely related specialty.
(2) Additional psychological associates staff members trained in the field of clinical or
counseling psychology or a closely related specialty must
(a) have a minimum of a master's degree or the equivalent graduate study in clinical or
counseling psychology or a closely related specialty from an accredited educational
institution;
(b) be currently enrolled in or have completed a doctoral program in clinical or
counseling psychology or a closely related specialty; and
(c) have had two years of full-time supervised clinical experience subsequent to
obtaining a master's degree in a multidisciplinary mental-health setting. (One year of
supervised clinical work in an organized graduate internship program may be substituted
for each year of experience.) All services provided by such additional staff members
must be under the direct and continuing supervision of a psychologist meeting the
requirements set forth in 130 CMR 429.424(B)(1).
(3) Any psychologist who provides individual, group, or family therapy to members under
the age of 21 must be certified every two years to administer the CANS, according to the
process established by the Executive Office of Health and Human Services (EOHHS).
(C) Social Worker.
(1) At least one staff social worker must have received a master's degree in social work
from an accredited educational institution and must have had at least two years of full-time
supervised clinical experience subsequent to obtaining a master's degree. This social worker
must also be licensed or have applied for and have a license pending as an independent
clinical social worker by the Massachusetts Board of Registration of Social Workers.
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(2) Any additional social workers on the staff must provide services under the direct and
continuous supervision of an independent clinical social worker. Such additional social
workers must be licensed or applying for licensure as certified social workers by the
Massachusetts Board of Registration of Social Workers and have received a master's degree
in social work and completed two years of full-time supervised clinical work in an organized
graduate internship program.
(3) Any social worker who provides individual, group, or family therapy to members under
the age of 21 must be certified every two years to administer the CANS, according to the
process established by the Executive Office of Health and Human Services (EOHHS).
(D) Psychiatric Nurse.
(1) At least one psychiatric nurse must be currently registered by the Massachusetts Board
of Registration in Nursing and must have a master's degree in nursing from an accredited
National League of Nursing graduate school with two years of full-time supervised clinical
experience in a multidisciplinary mental-health setting and be eligible for certification as a
clinical specialist in psychiatric/mental-health nursing by the American Nursing Association.
(2) Any other nurses must be currently registered by the Massachusetts Board of
Registration in Nursing and must have a bachelor's degree from an educational institution
accredited by the National League of Nursing and two years of full-time supervised skilled
experience in a multidisciplinary mental-health setting subsequent to that degree, or a
master's degree in psychiatric nursing.
(E) Psychiatric Nurse Mental Health Clinical Specialist. A psychiatric nurse mental health
clinical specialist is a licensed registered nurse who is authorized by the Board of Registration
in Nursing as practicing in an expanded role and who meets the requirements of 244 CMR
4.13(3): Psychiatric Nurse Mental Health Clinical Specialist. A psychiatric nurse mental health
clinical specialist can perform prescribing duties within their scope of practice.
(F) Counselor.
(1) All counselors and unlicensed staff included in the center must be under the direct and
continuous supervision of a fully qualified professional staff member trained in one of the
core disciplines described in 130 CMR 429.424(A) through (D).
(2) All counselors must hold a master's degree in counseling education, counseling
psychology, or rehabilitation counseling from an accredited educational institution and must
have had two years of full-time supervised clinical experience in a multidisciplinary mentalhealth setting subsequent to obtaining the master's degree. (One year of supervised clinical
work in an organized graduate internship program may be substituted for each year of
full-time experience.)
(3) Any counselor who provides individual, group, or family therapy to members under the
age of 21 must be certified every two years to administer the CANS, according to the process
established by the Executive Office of Health and Human Services (EOHHS).
(G) Occupational Therapist.
(1) Any occupational therapist must be currently registered by the American Occupational
Therapy Association and must have
(a)
a master's degree in occupational therapy from an accredited program in
occupational therapy; or
(b) a bachelor's degree in occupational therapy from an accredited program in
occupational therapy and a master's degree in a related field such as psychology, social
work, or counseling.
(2) In addition, any occupational therapist must have at least two years of full-time
supervised clinical experience subsequent to obtaining a master's degree. (One year of
supervised clinical work in an organized graduate internship program may be substituted for
each year of full-time experience.)
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429.431: Operating Procedures
(A) A professional staff member authorized to render billable mental health center services as
described in 130 CMR 429.424, must conduct a comprehensive evaluation of each member prior
to initiation of therapy. For members under the age of 21, a CANS must be completed during
the initial behavioral-health assessment before the initiation of therapy and be updated at least
every 90 days thereafter by a CANS-certified provider, as described in 130 CMR 429.424.
(B) The center must accept a member for treatment, refer the member for treatment elsewhere,
or both, if the intake evaluation substantiates a mental or emotional disorder.
(C) One professional staff member must assume primary responsibility for each member (the
primary therapist).
(D) The center program must make provisions for responding to persons needing services on
a walk-in basis.
(E) The center must take appropriate steps to facilitate uninterrupted and coordinated member
care whenever it refers a member elsewhere for treatment not available at the center or for
subsequent treatment.
(F) Before referring a member elsewhere, the center must, with the member's consent, send a
summary of or the actual record of the member to that referral provider prior to initiation of
therapy.
429.432: Treatment Planning and Case Review
A multidisciplinary team composed of mental health professionals, in accordance with
105 CMR 140.530: Staffing, must conduct treatment planning, assessments, and case review for
each member as follows.
(A)
The multidisciplinary team must conduct case review according to 105 CMR
140.540: Case Review; must prepare a treatment plan that complies with 105 CMR
140.520(C): Personnel Qualifications; and must establish criteria for determining when
termination of treatment is appropriate.
(B) For members under the age of 21, the multidisciplinary team must ensure that the CANS
has been completed at the initial behavioral-health assessment and is updated at least every 90
days thereafter.
(C) The multidisciplinary team must review each case at termination of treatment and prepare
a termination summary that describes the course of treatment and the aftercare program or
resources in which the member is expected to participate.
429.433: Coordination of Medical Care
A mental health center must coordinate psychotherapeutic treatment with medical care for
MassHealth members. If a member has not received a physical exam within six months of the
date of intake, the mental health center must advise the member that one is needed. If the
member does not have an existing relationship with a physician, the mental health center must
assist the member in contacting the MassHealth agency’s customer service toll-free line to
receive help in selecting a physician. If the member does not want a physical examination, the
member’s record must document the member’s preference and any stated reason for that
preference.
429.434: Schedule of Operations
(A) There must be at least one location where a freestanding mental health center operates a
program that is open at least 40 hours a week.
(B) A mental health center operated by a clinic-licensed community health center must be open
at least 20 hours a week.
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(C) When the center is closed, telephone coverage must be provided by personnel offering
referral to operating emergency facilities, on-call clinicians, or other mechanisms for effectively
responding to a crisis, in accordance with the requirements set forth at 130 CMR 429.421(B)(13).
429.435: Utilization Review Plan
The mental health center must have a utilization review plan that meets the following
conditions.
(A) A utilization review committee must be formed, composed of the clinical director (or his
or her designee) and two other professional staff members who meet all the qualifications for
their discipline, as outlined in 130 CMR 429.424.
(B) The utilization review committee must review each of the center's cases in accordance with
105 CMR 140.540: Case Review and following the member's termination.
(C) The utilization review committee must verify for each case that:
(1) the diagnosis has been adequately documented;
(2) the treatment plan is appropriate and specifies the methods and duration of the projected
treatment program;
(3) the treatment plan is being or has been carried out;
(4) the treatment plan is being or has been modified as indicated by the member's changing
status;
(5) there is adequate follow-up when a member misses appointments or drops out of
treatment;
(6) there is progress toward achievement of short- and long-term goals; and
(7) for members under the age of 21, the CANS has been completed at the initial
behavioral-health assessment and updated at least every 90 days thereafter.
(D) No staff member can participate in the utilization review committee's deliberations about
any member he or she is treating directly.
(E) The mental health center must maintain minutes that are sufficiently detailed to show the
decisions of each review and the basis on which any decisions are made so that the MassHealth
agency may conduct such audits as it deems necessary.
(F) Based on the utilization review, the director of clinical services or his or her designee must
determine whether continuation, modification, or termination of treatment is necessary and
promptly communicate this decision to the primary therapist.
429.436: Recordkeeping Requirements
(A) A mental health center must maintain on its premises either the original record or a
microfilm of the original record for each member for a period of at least four years following the
date of service. When a member is transferred from a mental health center that is a component
of a community health center to an independent agency affiliated with the community health
center, the mental health center itself must retain a copy of the member's record if it forwards the
record to the affiliated agency.
(B) The center must obtain written authorization from each member or his or her legal guardian
to release information obtained by the center to center staff, federal and state regulatory agencies,
and, when applicable, referral providers, to the extent necessary to carry out the purposes of the
center program and to meet regulatory requirements. All such information must be released on
a confidential basis.
(C) Each member's record must include the following information:
(1) the member's name and case number, MassHealth identification number, address,
telephone number, sex, age, date of birth, marital status, next of kin, school or employment
status (or both), and date of initial contact;
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(2) a report of a physical examination performed within six months of the date of intake
or documentation that the member did not want to be examined and any stated reason for that
preference;
(3) the name and address of the member's primary care physician or, if not available,
another physician who has treated the member;
(4) the member's description of the problem, and any additional information from other
sources, including the referral source, if any;
(5) the events precipitating contact with the center;
(6) the relevant medical, psychosocial, educational, and vocational history;
(7) a comprehensive functional assessment of the member at intake and semi-annually
thereafter;
(8) the clinical impression of the member and a diagnostic formulation, including a specific
diagnosis using standard nomenclature;
(9) a listing of realistic long-range goals, and a time frame for their achievement;
(10) a listing of short-term objectives, which must be established in such a way as to lead
toward accomplishment of the long-range goals;
(11) the proposed schedule of therapeutic activities, both in and out of the center, necessary
to achieve such goals and objectives and the responsibilities of each individual member of
the interdisciplinary team;
(12) a schedule of dates for utilization review to determine the member's progress in
accomplishing goals and objectives;
(13) the name, qualifications, and discipline of the therapist primarily responsible for the
member;
(14) a written record of quarterly reviews by the primary therapist, which relate to the shortand long-range goals;
(15) progress notes on each visit written and signed by the primary therapist that include the
therapist's discipline and degree, as well as notes by other professional staff members
significantly involved in the treatment plan;
(16) all information and correspondence regarding the member, including appropriately
signed and dated consent forms;
(17) a medication-use profile;
(18) when the member is discharged, a discharge summary, including a recapitulation of the
member's treatment and recommendations for appropriate services concerning follow-up as
well as a brief summary of the member's condition and functional performance on discharge;
and
(19) for members under the age of 21, a CANS completed during the initial behavioralhealth assessment and updated at least every 90 days thereafter.
(D) A brief history is acceptable for emergency or walk-in visits when the treatment plan does
not call for extended care.
429.437: Written Policies and Procedures
A mental health center must have and observe written policies and procedures that include
(A) a statement of its philosophy and objectives;
(B) criteria for client admission;
(C) a statement of the geographical area served;
(D) an intake policy;
(E) treatment procedures, including, but not limited to, development of the treatment plan, case
assignment, case review, discharge-planning, and follow-up on clients who leave the program
without notice;
(F) a medication policy that includes prescription, administration, and monitoring data;
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(G) a referral policy, including procedures for ensuring uninterrupted and coordinated client
care upon transfer;
(H) procedures for walk-in clients and clinical emergencies during operating and nonoperating
hours;
(I) a records policy, including what information must be included in each record, and
procedures to ensure confidentiality;
(J) supervisory mechanisms for staff;
(K) a utilization review plan; and
(L) explicit fee policies with respect to billing third-party payers and clients, cancellation
procedures, and fee reductions.
429.438: Administration
The mental health center must be organized to facilitate effective decision-making by
appropriate personnel on administrative, programmatic, and clinical issues.
(A) Organization. The center must establish an organization table showing major operating
programs of the facility, with staff divisions, administrative personnel in charge of each program,
and their lines of authority, responsibility, and communication.
(B) Fiscal Management. The center must establish a system of business management to ensure
accurate accounting for sources and uses of funds and proper expenditure of funds within
established budgetary constraints and grant restrictions.
(C) Data Management. The center must develop and maintain a statistical information system
to collect client, service utilization, and fiscal data necessary for the effective operation of the
center.
(D) Personnel Management. The center must establish and maintain personnel policies and
personnel records for each employee.
(E) Supervision.
(1) Each staff member must receive supervision appropriate to the person's skills and level
of professional development. Supervision must occur within the context of a formalized
relationship providing for frequent and regularly scheduled personal contact with the
supervisor. Frequency and extent of supervision must conform to the licensing standards of
each discipline's Board of Registration, as cited in 130 CMR 429.424.
(2) The center must establish and implement procedures for staff training and evaluation.
These procedures must require all staff who must be certified to administer the CANS, as
described in 130 CMR 429.424, to complete the certification process established by the
Executive Office of Health and Human Services (EOHHS).
429.439: Satellite Programs
Services provided by a satellite program are reimbursable only if the program meets the
standards described below.
(A) A satellite program must be integrated with the parent center in the following ways.
(1) The administrator of the parent center is responsible for ensuring compliance of the
satellite program with 130 CMR 429.000.
(2) There must be clear lines of supervision and communication between personnel of the
parent center and its satellite programs. The parent center must maintain close liaison with
its satellite programs through conferences or other methods of communication.
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(3) The satellite program must be subject to all the written policies and procedures of the
parent center governing the types of services that the satellite program offers.
(4) The satellite program must maintain on its own premises its client records as set forth
in 130 CMR 429.436.
(B) An autonomous satellite program must provide supervision and in-service training to all
noncore staff employed at the satellite program.
(C) The director of clinical services of the parent center must designate one professional staff
member at the satellite program as the satellite's clinical director. The clinical director must be
employed on a full-time basis and meet all of the requirements in 130 CMR 429.423(B).
(1) The supervisor of the satellite program must report regularly to the clinical director of
the parent center to ensure ongoing communication and coordination of services.
(2) In an autonomous satellite program, the supervisor must meet the qualifications required
of a core staff member in his or her discipline, as set forth in 130 CMR 429.424.
(3) In a dependent satellite program, the supervisor must meet the basic qualifications
required for his or her discipline, as set forth in 130 CMR 429.424, and receive regular
supervision and consultation from qualified core staff at the parent center.
(D) If a dependent satellite program does not offer the entire range of services available at the
parent center, the dependent satellite program must refer clients to the parent center or a facility
that offers such services. The parent center must determine the necessity for treatment and the
appropriateness of the treatment plan for such clients and institute a clear mechanism through
which this responsibility is discharged, by consultation with the satellite program team, regular
supervision of the satellite program by supervisory-level professional core staff in the parent
center, or by other appropriate means. For staff composition requirements pertaining to
dependent satellite programs, see 130 CMR 429.422(D).
429.440: Outreach Programs
An outreach program operated by a mental health center is eligible for payment if it meets
the standards described in 130 CMR 429.440(A) through (G).
(A) Outreach program staff members must receive supervision and in-service training in
accordance with the requirements specified in 130 CMR 429.438(E).
(B) The director of clinical services must meet at least on a monthly basis with outreach
program staff members and have direct contact with outreach program clients as necessary to
provide medical diagnosis, evaluation, and treatment in accordance with the requirements
outlined in 130 CMR 429.423(B).
(C) Outreach programs must maintain the records of their clients on the premises of the parent
center.
(D) Outreach programs must be subject to all written policies and procedures of the parent
center governing the kinds of services that the outreach program offers.
(E) Outreach programs must meet the requirements of 130 CMR 429.439(D) applicable to
dependent satellite programs.
(F) Outreach program services must conform to the definition in 130 CMR 429.402.
(G) Services provided at outreach programs are subject to the requirements in 130 CMR
429.431, 429.432, and 429.435.
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429.441: Service Limitations
(A) Diagnostic and Treatment Services. The MassHealth agency pays for diagnostic and
treatment services only when a professional staff member, as defined by 130 CMR 429.424,
personally provides these services to the member or the member's family, or personally consults
with a professional outside of the center. The services must be provided to the member on an
individual basis, and are not reimbursable if they are an aspect of service delivery, as defined in
130 CMR 429.408(C).
(B) Multiple Sessions on a Same Date of Service. The MassHealth agency pays for only one
session of a single type of service (except for diagnostics) provided to an individual member on
one date of service. Return visits on the same date of service are not reimbursable.
(C) Case Consultation.
(1) The MassHealth agency pays only for a case consultation that involves a personal
meeting with a professional of another agency.
(2) The MassHealth agency pays for case consultation only when telephone contact, written
communication, and other nonreimbursable forms of communication clearly will not suffice.
Such circumstances must be documented in the member's record. Such circumstances are
limited to situations in which both the center and the other party are actively involved in
treatment or management programs with the member (or family members) and where a lack
of face to face communication would impede a coordinated treatment program.
(3) The MassHealth agency does not pay a center for court testimony.
(D) Family Consultation. The MassHealth agency pays for consultation with the natural or
foster parent or legal guardian of a member less than 21 years of age who lives with the child and
is responsible for the child's care, and who is not an eligible member, when such consultation is
integral to the treatment of the member.
(E) Group Therapy.
(1) Payment is limited to one fee per group member with a maximum of 10 members per
group regardless of the number of staff members present.
(2) The MassHealth agency does not pay for group therapy when it is performed as an
integral part of a psychiatric day treatment program.
(F) Psychological Testing. The MassHealth agency pays a center for psychological testing only
when the following conditions are met.
(1) A psychologist who meets the qualifications listed in 130 CMR 429.424(B) either
personally administers the testing or personally supervises such testing during its
administration by an unlicensed psychologist.
(2) A battery of tests is performed. These tests must meet the following standards:
(a) the tests are published, valid, and in general use, as evidenced by their review in the
current edition of the Mental Measurement Yearbook or by their conformity to the
Standards for Educational and Psychological Tests of the American Psychological
Association;
(b) unless clinically contraindicated due to hearing, physical, or visual impairment or
linguistic challenges, a personality evaluation contains the findings of at least two of the
following test types or their age-appropriate equivalents: Rorschach, TAT (Thematic
Apperception Test), TED (Tasks of Emotional Development), or MMPI (Minnesota
Multiphasic Personality Inventory), and one or more of the following test types: figure
drawing, Bender Gestalt, or word association;
(c) unless clinically contraindicated due to hearing, physical, or visual impairment or
linguistic challenges, intelligence testing includes either a full Wechsler or StanfordBinet instrument; and
(d) unless clinically contraindicated due to hearing, physical, or visual impairment or
linguistic challenges, assessment of brain damage must contain at least the findings of
a Wechsler Intelligence Scale and tests of recent memory, visual-space perception, and
other functions commonly associated with brain damage.
(3) The MassHealth agency does not pay for
(a) self-rating forms and other paper-and-pencil instruments, unless administered as part
of a comprehensive battery of tests;
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(b) group forms of intelligence tests; or
(c) a repetition of any psychological test or tests provided by the mental health center
or any independent psychologist to the same member within the preceding six months,
unless accompanied by documentation demonstrating that the purpose of the repeated
testing is to ascertain the following types of changes (submission of such documentation
with the claim for payment is sufficient when the psychological test or tests are to be
performed on the same member a second time within a six-month period):
1. following such special forms of treatment or intervention as electroshock therapy
or psychiatric hospitalization (periodic testing to measure the member's response to
psychotherapy is not reimbursable); or
2. relating to suicidal, homicidal, toxic, traumatic, or neurological conditions.
(4) Testing of a member requested by responsible parties, such as but not limited to
physicians, clinics, hospitals, schools, courts, group homes, or state agencies, must be
documented in the member's record. Such documentation must include the referral source
and the reason for the referral.
(G) Home Visits.
(1) The MassHealth agency pays for intermittent home visits.
(2) Home visits are reimbursable on the same basis as comparable services provided at the
center. Travel time to and from the member's home is not a reimbursable service.
(3) A report of the home visit must be entered into the member's record.
(H) Multiple Therapies. The MassHealth agency pays for more than one mode of therapy used
for a member during one week only if clinically justified; that is, when any single approach has
been shown to be necessary but insufficient. The need for additional modes of treatment must
be documented in the member's record.
(I) Psychotherapy in Crisis Services. The MassHealth agency pays for psychotherapy in crisis
as defined in 130 CMR 429.402.
(1) This service is limited to face-to-face contacts with the member; psychotherapy in crisis
service via telephone contact is not a reimbursable service.
(2) The need for psychotherapy in crisis services must be fully documented in the member's
record for each date of psychotherapy in crisis services.
(J) Outreach Services Provided in Nursing Facilities.
(1) The MassHealth agency pays a center for diagnostic and treatment services provided to
a member residing in a nursing facility under the following circumstances and conditions:
(a) the nursing facility specifically requests treatment, and the member's record at the
nursing facility documents this request;
(b) the treatment provided does not duplicate services that should be provided in the
nursing facility; and
(c) such services are generally available through the center to members not residing in
that nursing facility.
(2) The following conditions must be met:
(a) the member's record at the parent center must contain all of the information listed
in 130 CMR 429.436;
(b) the member's record at the nursing facility must contain information pertaining to
diagnostic and treatment services including, but not limited to, medication, treatment
plan, progress notes on services, case review, and utilization review; and
(c) the member must function at a sufficient level to benefit from treatment as
established by a clinical evaluation and by accepted standards of practice.
1/16/15 (Effective 3/27/14)
423
EMERGENCY
429.442: Child and Adolescent Needs and Strengths (CANS) Data Reporting
For each Child and Adolescent Needs and Strengths (CANS) conducted, the mental health
center must report data collected during the assessment to the MassHealth agency, in the manner
and format specified by the MassHealth agency.
130 CMR 429.000: M.G.L. c. 118E, §§ 7 and 12.
1/16/15 (Effective 3/27/14)
424
EMERGENCY
Docket #
Regulation Filing
CHAPTER NUMBER:
211 CMR 121.00
CHAPTER TITLE:
PROCEDURES CONCERNING RATE FILINGS MADE PURSUANT TO M.G.L. c.
176K, AND THE CONDUCT OF HEARINGS ON SUCH FILINGS
AGENCY:
211 CMR 121 sets out procedures for making rate filings for Medicare Supplement Insurance policies
and for hearings on the filings. The proposed amendments make the regulation easier to use by
removing wordiness, excessively detailed provisions, potentially confusing provisions, and by
generally streamlining the regulation.
M.G.L. chs. 176K and 30A.
AGENCY CONTACT:
Robert A. Whitney
ADDRESS:
Division of Insurance, 1000 Washington St., Boston MA 02118
PHONE:
(617) 521-7308
Notice was provided to the Local Government Advisory Commission on June 11, 2014.
PUBLIC REVIEW -
August 28, 2014
47
655
FISCAL EFFECT -
Minimal to no fiscal effect on the public or private sector.
No fiscal effect:
December 17, 2014
Insurance; Medicare Supplement Insurance
PROMULGATION -
This regulation amends 211 CMR 121.00.
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Dec 22 2014
DATE:
01/16/2015
EFFECTIVE DATE:
1278
01/16/2015
Remove these pages:
17, 18
705 - 710.12
Insert these pages:
17, 18
705 - 710.10
12/22/2014
48
kr
211 CMR: DIVISION OF INSURANCE
Table of Contents
Page
(211 CMR 98.00 through 100.00: RESERVED)
650.5
211 CMR 101.00: PROCEDURES CONCERNING RATE FILINGS MADE
PURSUANT TO M.G.L. C. 175C AND THE CONDUCT
OF HEARINGS ON SUCH FILINGS
651
Section 101.01:
Section 101.02:
Section 101.03:
Section 101.04:
Section 101.05:
Section 101.06:
Section 101.07:
Section 101.08:
Section 101.09:
Section 101.10:
Section 101.11:
Section 101.12:
Section 101.13:
651
651
652
653
654
655
655
656
657
659
659
659
659
Purpose, Scope and Authority
Definitions
General Provisions
Rate Filings
Responsive Filings
Hearing Notice
Intervention and Participation
Pre-hearing Procedures
Conduct of the Proceeding
Briefs
Decisions and Orders
Revised Rate Filings
Appeals
(211 CMR 102.00 through 109.00: RESERVED)
660.1
211 CMR 110.00: PROCEDURES CONCERNING RATE FILINGS AND
THE CONDUCT OF HEARINGS FOR WORKERS'
COMPENSATION INSURANCE
661
Section 110.01:
Section 110.02:
Section 110.03:
Section 110.04:
Section 110.05:
Section 110.06:
Section 110.07:
Section 110.08:
Section 110.09:
Section 110.10:
Section 110.11:
661
661
662
662
663
664
664
665
667
667
667
Purpose, Scope, and Authority
Definitions
General Provisions
Rate Filings
Advisory Filings
Hearing Notice
Pre-Hearing Proceedings
Conduct of the Proceeding
Briefs
Decisions
Appeals
211 CMR 111.00: WORKERS' COMPENSATION INSURANCE REQUIREMENTS
APPLICABLE TO EMPLOYEE LEASING COMPANIES AND
THEIR CLIENT COMPANIES
669
Section 111.01:
Section 111.02:
Section 111.03:
Section 111.04:
Section 111.05:
Section 111.06:
Section 111.07:
Section 111.08:
669
669
669
669
670
670
670
671
Purpose and Scope
Authority
Definitions
Responsibility for Purchase and Maintenance of Separate Policies
Obligations of Employee Leasing Company to Insurer
Obligations of Client Company
Policy Cancellation or Nonrenewal
Insurer Audit
673
211 CMR 113.00: REQUIREMENTS REGARDING WORKERS' COMPENSATION
INSURANCE DEDUCTIBLES
679
Section 113.01:
Section 113.02:
Section 113.03:
Section 113.04:
679
679
679
679
2/6/09
Purpose and Scope
Authority
Definitions
Workers' Compensation Deductibles Plan
211 CMR - 17
Table of Contents
Page
683
211 CMR 115.00: REQUIREMENTS APPLICABLE TO WORKERS' COMPENSATION DEDUCTIBLE POLICIES
687
Section 115.01:
Section 115.02:
Section 115.03:
Section 115.04:
Section 115.05:
Section 115.06:
687
687
687
687
688
688
Purpose and Scope
Authority
Definitions
Minimum Requirements for Deductible Policies
Failure to Comply
Severability
689
211 CMR 121.00: PROCEDURES CONCERNING RATE FILINGS MADE
PURSUANT TO M.G.L. c. 176K, AND THE CONDUCT
OF HEARINGS ON SUCH FILINGS
705
Section 121.01:
Section 121.02:
Section 121.03:
Section 121.04:
Section 121.05:
Section 121.06:
Section 121.07:
Section 121.08:
Section 121.09:
Section 121.10:
Section 121.11:
Section 121.12:
Section 121.13:
Section 121.14:
Section 121.15:
Section 121.16:
Section 121.17:
Section 121.18:
Definitions
Purpose and Scope
General Provisions
Pre-filing Notice for Rate Filings under M.G.L. c. 176K, § 7(g)
Rate Filings under M.G.L. c. 176K, § 7(g)
Rate Filings under M.G.L. c. 176K, § 7(d)
Hearing Notice
Responsive Filings
Hearing Procedures
Discovery
Conduct of Proceedings
Briefs
Decision
Revised Rate Filing
Appeals
Suspension or Modification of the Requirements of Filing or
Prior Approval of Rates
Severability
1/16/15
705
707
707
708
708
709
709
709
710
710.1
710.2
710.4
710.6
710.6
710.7
710.7
710.7
710.7
710.9
211 CMR - 18
211 CMR 121.00:
PROCEDURES CONCERNING RATE FILINGS MADE PURSUANT TO
M.G.L. c. 176K, AND THE CONDUCT OF HEARINGS ON SUCH FILINGS
Section
121.01:
121.02:
121.03:
121.04:
121.05:
121.06:
121.07:
121.08:
121.09:
121.10:
121.11:
121.12:
121.13:
121.14:
121.15:
121.16:
121.17:
121.18:
Definitions
Purpose and Scope
General Provisions
Pre-filing Notice for Rate Filings under M.G.L. c. 176K, § 7(g)
Rate Filings under M.G.L. c. 176K, § 7(g)
Rate Filings under M.G.L. c. 176K, § 7(d)
Hearing Notice
Responsive Filings
Hearing Procedures
Discovery
Conduct of Proceedings
Briefs
Decision
Revised Rate Filing
Appeals
Suspension or Modification of the Requirements of Filing or Prior Approval of Rates
Severability
121.01: Definitions
As used in 211 CMR 121.00, the following words shall mean:
Amended Filing. A Rate Filing that the Presiding Officer, in his or her discretion, has permitted
to be amended.
Commissioner. The Commissioner of Insurance appointed pursuant to M.G.L. c. 26, § 6, or his
or her designee.
Division. The Division of Insurance established pursuant to M.G.L. c. 26, § 1.
Docket Clerk. The person who controls and maintains the docket files that contain the records
of Hearings held at the Division.
Filer. An Issuer or a Health Maintenance Organization that files a Rate Filing in accordance with
the provisions of M.G.L. c. 176K.
Hearing. The part of a Proceeding in which sworn testimony, oral and written, and Papers and
other documentary evidence are submitted for consideration by the Commissioner.
Information Request. A written request to a Party for production of documents or tangible
things.
Intervenor. A person, agency or organization likely to be substantially and specifically affected
by a Rate Filing that is granted Intervenor status pursuant to conditions established by the
Presiding Officer.
Issuer. A company, as defined in M.G.L. c. 175, § 1, that is authorized to write accident and
health insurance; a hospital service corporation as defined in M.G.L. c. 176A, § 1; a medical
service corporation as defined in M.G.L. c. 176B, § 1; a Fraternal Benefit Society, authorized
under M.G.L. c. 176; or a Health Maintenance Organization licensed under M.G.L. c. 176G; that
in the Commonwealth offers, sells, delivers or otherwise makes effective, or renews in
Massachusetts Medicare Supplement Insurance Policies. For purposes of determining whether
an Issuer is offering a non-network Medicare Supplement plan, an Issuer shall include the Issuer,
its parent company or companies, its affiliated companies, and/or its subsidiary companies.
1/16/15
211 CMR - 705
121.01: continued
Medicare. "Health Insurance for the Aged Act," Title XVIII of the Social Security Act
Amendments of 1965.
Medicare Supplement Insurance or Policy. A type of health insurance issued by a carrier, other
than a policy issued pursuant to a contract under Section 1876 or Section 1833 of the federal
Social Security Act (42 U.S.C. Section 1395 et seq.), or a policy issued under a demonstration
project authorized pursuant to amendments to the federal Social Security Act, which is
advertised, marketed or designed primarily as a supplement to reimbursements under Medicare
for the hospital, medical or surgical expenses of persons eligible for Medicare. Unless specified
otherwise, references in 211 CMR 121.00 to Medicare Supplement Insurance or Policy are
intended to refer collectively to Medicare Supplement Insurance or Policy and Medicare Select
Insurance or Policy.
Medicare Select Insurance or Policy. A Medicare Supplement Insurance or Policy that contains
Restricted Network Provisions. Unless specified otherwise, references in 211 CMR 121.00 to
Medicare Supplement Insurance or Policy are intended to refer collectively to Medicare
Supplement Insurance or Policy and Medicare Select Insurance or Policy.
Papers. All written documents filed in a proceeding, including Rate Filings, Responsive Filings,
motions, pleadings, briefs, memoranda and other communications.
Participant. A person, agency, or organization that is granted permission to participate in a
Proceeding on a limited basis as determined by the Presiding Officer.
Party. A Filer, the State Rating Bureau, a Statutory Intervenor, or an Intervenor.
Policy. Any Policy, Certificate, contract, agreement, statement of coverage, rider or endorsement
issued by an Issuer as defined herein which provides Medicare Supplement Insurance as defined
herein other than a policy issued pursuant to a contract under Section 1876 of the federal Social
Security Act (42 U.S.C. Section 1395 et seq.) or an issued policy under a demonstration project
specified in 42 U.S.C. § 1395ss(g)(1), which provides Medicare Supplement Insurance as
defined herein. The term "Policy," unless stated otherwise within 211 CMR 71.00: Medicare
Supplement Insurance to Facilitate the Implementation of M.G.L. c. 176K and Section 1882 of
the Federal Social Security Act, includes any Alternate Innovative Benefits Riders. Policy does
not include Medicare Advantage plans established under Medicare Part C, Outpatient
Prescription Drug plans established under Medicare Part D, or any Health Care Prepayment Plan
(HCPP) that provides benefits pursuant to an agreement under § 1833(a)(1)(A) of the Social
Security Act.
Presiding Officer. The Commissioner or a person or persons designated by the Commissioner
to conduct Proceedings pursuant to 211 CMR 121.00.
Proceeding. The public hearing process under M.G.L. c. 176K, § 7(g), by which the
Commissioner reviews and addresses a Rate Filing.
Public Comment Hearing. The part of a Proceeding in which persons are given an opportunity
to make oral statements about a Rate Filing. Written statements may be submitted at a Public
Comment Hearing or at any time prior to the closing of the Proceeding.
Rate Filing or Filing. Documents filed with the Commissioner by a Filer pursuant to
M.G.L. c. 176K.
Record Request. A request for production of documents or tangible things made to a Party
during a Proceeding.
Responsive Filing. Any recommendations, including supporting information or commentary,
concerning a Rate Filing, or any portion thereof, filed in accordance with 211 CMR 121.09.
Revised Rate Filing. A Rate Filing that has been revised to respond to the issues that resulted
in disapproval of a Rate Filing.
1/16/15
211 CMR - 706
121.01: continued
State Rating Bureau. The rating bureau in the Division established pursuant to M.G.L. c. 26,
§ 8E.
Statutory Intervenor. A person, agency or organization, including, but not limited to, the
Attorney General, that has a statutory right to appear as an Intervenor in a Proceeding.
Technical Conference. A conference convened by the Presiding Officer to enable the Parties to
narrow the issues in dispute. A Technical Conference may involve examination and
cross-examination of sworn witnesses in order to clarify the technical aspects of a Rate Filing.
Topics of such inquiry may include the data relied upon by the Filer, the projection trends
selected, and applicable federal law.
121.02: Purpose and Scope
211 CMR 121.00 shall govern the conduct of Hearings concerning Rate Filings made
pursuant to M.G.L. c. 176K.
(1) Filing. The provisions in 211 CMR 121.00 apply when a Hearing is required by statute,
M.G.L. c. 176K, § 7(g), or by the Commissioner, M.G.L. c. 176K, § 7(d). The provisions in
211 CMR 121.00 apply independently of any other filings that are prescribed by the
Commissioner in a different form or manner.
(a) Papers.
1. Filing of Papers for a Hearing. All Papers must be filed at the Division's principal
office during its usual business hours, 8:45 A.M. to 5:00 P.M. daily, except Saturdays,
Sundays and legal holidays. Papers must be sent to the attention of the Docket Clerk,
Legal Division. Except for a Rate Filing or Amended Rate Filing, the requirements for
which are addressed in 211 CMR 121.05 and 121.06, and a Responsive Filing, the
requirements for which are addressed in 211 CMR 121.09, an original and one copy of
Papers must be filed, unless more copies are specified in 211 CMR 121.00 or by the
Presiding Officer. At least one copy must be submitted in an unbound format. The
Presiding Officer may permit electronic filing in his or her discretion.
2. Pagination of a Rate Filing That Is the Subject of a Hearing. The pages of a Rate
Filing must be numbered sequentially from the first through the last page, using Arabic
numerals at the bottom right of each page. Any internal numbers applied to separate
parts or sections of a Rate Filing must be located elsewhere on the page. The Presiding
Officer may reject a Rate Filing that does not comply with the mandatory numbering
requirement.
3. Service of Papers on Parties. A Party or Participant shall serve, concurrently with
filing with the Division, a copy of Papers on all Parties by hand delivery, or by electronic
transmission promptly followed by delivery by first-class mail, postage pre-paid, unless
otherwise permitted by the Presiding Officer or agreed to by the Parties.
(2) Timely Filing. Papers must be filed within the time limits specified in M.G.L. c. 176K. The
date of filing shall be determined as follows:
(a) Papers delivered by hand during regular business hours will be deemed filed on that day.
(b) Papers delivered by hand at other times will be deemed filed on the next regular
business day.
(c) Papers mailed to the Division's principal office will be deemed filed on the day the
Division receives them.
(3) Computation of Time. Computation of a time period specified in 211 CMR 121.00 begins
with the first day after the date of the initiating act. The last day of the period so computed is
included unless it is a day when the Division's principal office is closed, in which case the period
runs until the end of the next business day. When a time period is five days or fewer, Saturdays,
Sundays and legal holidays are excluded from the computation.
1/16/15
211 CMR - 707
121.03: continued
(4) Modifications of Time Periods. Except for time periods prescribed by statute, the Presiding
Officer has the discretion to modify a time limit prescribed or allowed by 211 CMR 121.00, for
good cause shown. A request for an extension must be made before the expiration of the period
originally prescribed or previously extended.
(5) Signatures. The filing Party or its counsel or authorized representative shall sign all Papers.
Signature certifies that the signer has read the document and knows the content thereof, that the
statements contained therein are believed to be true, that the document is not interposed for delay
and that the signer has full power and authority to sign the document.
(6) Notice of Appointment of Counsel or Other Representative and Appearances. Other than
the State Rating Bureau, each Party shall enter an appearance by filing and serving a notice that
contains the name, address, e-mail address, fax number, and telephone number of the Party's
counsel or authorized representative. All Papers served on a Party must be given to the counsel
or representative named in that Party's notice.
121.04: Pre-filing Notice for Rate Filings under M.G.L. c. 176K, § 7(g)
A Filer must notify the Division in writing of its intent to submit a Rate Filing under
M.G.L. c. 176K, § 7(g), not less than 30 days before submitting the Rate Filing. A Filer shall
provide a copy of the pre-filing notice to the State Rating Bureau, all Statutory Intervenors, and
all other Intervenors permitted to appear in the Filer's last Proceeding for that insurance product.
The notice must identify all products for which the Filer will submit a proposed Rate Filing and
the date on which the Filer expects to submit the Rate Filing to the Division. The notice also
must inform all Intervenors permitted to appear in the Filer's last Proceeding, other than the State
Rating Bureau and Statutory Intervenors, that they should advise the Filer if they do not want to
receive a copy of the Rate Filing. If a Filer fails to provide a pre-filing notice, the Rate Filing
shall be deemed to be filed 30 days after it is submitted to the Division.
121.05: Rate Filings under M.G.L. c. 176K, § 7(g)
(1) Purpose. Rate Filings under M.G.L. c. 176K, § 7(g), must furnish sufficient evidence to
substantiate the Filer's compliance with the requirements of M.G.L. c. 176K, including, but not
limited to, compliance with the anticipated minimum loss ratio standards of M.G.L. c. 176K,
§ 7(e). The Rate Filing constitutes the Filer's direct case in support of its Rate Request.
(2) Contents. The Rate Filing must consist of sequentially numbered pages and contain:
(a) a title stating the nature of the Proceeding and the complete name and address of the
Filer submitting the Filing;
(b) the name, address and other contact information of counsel or other authorized
representative, as prescribed in 211 CMR 121.03(6);
(c) an executive summary describing, in narrative form, each element of the Rate Filing and
the reasons for the proposed Rate Filing;
(d) sworn written testimony in support of each element of the Rate Filing;
(e) for every witness whose testimony is part of the Rate Filing, the following information:
1. name and business address,
2. the specific part of the Rate Filing that is the subject matter of the witness's
testimony, and
3. the witness's qualifications to testify on that subject matter;
(f) all information, including data, statistics, schedules and exhibits that the Filer intends
to present for consideration at the Hearing and all information upon which the proposed Rate
Filing are based;
(g) all information required to be included by 211 CMR 71.12(10): Rate Filings;
(h) an actuarial opinion and a legal opinion that the Filer is in compliance with the
provisions of M.G.L. c. 176K;
(i) the proposed effective date for the rate changes in the Rate Filing, which is at least 90
days after the filing date of the Rate Filing; and
(j) other information as prescribed from time to time by the Commissioner or the Presiding
Officer.
1/16/15
211 CMR - 708
121.05: continued
(3) Amendments. A Filer may move in writing to amend or make additions or corrections to
its Rate Filing, for good cause shown. The Presiding Officer, in his or her discretion, may deny
or allow, in whole or in part, a Filer's motion to amend or make additions or corrections to its
Rate Filing. Filing of an Amended Rate Filing, when permitted, shall be made in the same
manner as a Rate Filing.
(4) Copies. In addition to submitting its Rate Filing to the Division in the form and manner
prescribed by the Commissioner for all rate and form filings, a Filer making a Rate Filing under
M.G.L. c. 176K, § 7(g) also shall concurrently file five copies of the Rate Filing with the Docket
Clerk, unless the Presiding Officer directs otherwise. The text and data included in the Rate
Filing also must be filed electronically in a format determined by the Presiding Officer.
Concurrently, the Filer shall serve two copies of its Rate Filing on the State Rating Bureau, and
one copy on each Statutory Intervenor and any Intervenor permitted to appear in the Filer's last
rate Hearing for that insurance product, unless such person has advised the Filer that a copy is
not wanted. The Filer shall serve a copy of its Rate Filing on a person permitted to intervene
within two business days after issuance of an order allowing the person to intervene. By
agreement of the Parties concerned, copies may be served on a Party electronically.
The Filer of an Amended Rate Filing shall comply with 211 CMR 121.05(4). 211 CMR
121.15 addresses Revised Rate Filings.
121.06: Rate Filings under M.G.L. c. 176K, § 7(d)
In a Proceeding under M.G.L. c. 176K, § 7(d), the Rate Filing submitted to the Division in
the form and manner prescribed by the Commissioner for all rate and form filings shall constitute
the Filer's direct evidence, but the Filer shall submit to the Docket Clerk five additional copies
of the Rate Filing, unless the Presiding Officer directs otherwise. The Presiding Officer may
permit or order the Filer to supplement its Rate Filing with additional material in advance of the
commencement of the Proceeding. The Filer shall submit to the Docket Clerk five copies of any
supplemental information, unless the Presiding Officer directs otherwise.
The Filer shall serve two copies of its Rate Filing and any supplemental information on the
State Rating Bureau, and one copy on each Statutory Intervenor and any Intervenor permitted to
appear in the Filer's last rate Hearing for that insurance product, unless such person has advised
the Filer that a copy is not wanted. The Filer shall serve a copy of its Rate Filing and any
supplemental information on a person permitted to intervene within two business days after
issuance of an order allowing the person to intervene. By agreement of the Parties concerned,
copies may be served on a Party electronically.
121.07: Hearing Notice
The Filer shall arrange to publish a Hearing notice issued by the Commissioner. For
Proceedings pursuant to M.G.L. c. 176K, § 7(g), the Filer shall arrange to publish the Hearing
notice at least 21 days before the scheduled date of a Hearing in newspapers of general
circulation in Boston, Brockton, Fall River, Pittsfield, Springfield, Worcester, New Bedford, and
Lowell. For Proceedings pursuant to M.G.L. c. 176K, § 7(d), the Filer shall arrange to publish
the Hearing notice at least 21 days before the scheduled date of a Hearing in newspapers of
general circulation in Boston, Springfield, and Worcester. For all Proceedings, concurrently with
publication, the Filer shall give notice of the Hearing to the State Rating Bureau and to all
Statutory Intervenors. The Filer shall file proof of publication with the Division within 14 days
after publication.
121.08: Intervention and Participation
(1) State Rating Bureau. The State Rating Bureau need not file and serve a notice of
appearance on the Filer or Statutory Intervenors.
(2) Statutory Intervenors. No later than four days after publication of the Hearing notice under
211 CMR 121.07, a Statutory Intervenor intending to take part in the Proceeding shall file and
serve a notice of appearance on the Filer, the State Rating Bureau, and any other Statutory
Intervenors.
1/16/15
211 CMR - 709
121.08: continued
(3) Intervenors and Participants. No later than ten days after publication of the Hearing notice
under 211 CMR 121.07, a person who wishes to appear and take part in the Proceeding, other
than the State Rating Bureau, Statutory Intervenors, or the Filer, shall file, and serve upon the
Filer, the State Rating Bureau and all Statutory Intervenors a petition for leave to intervene or
to participate. The petition must state the petitioner's name and address; the name, address and
other contact information of counsel or other designated authorized representative, as prescribed
in 211 CMR 121.03(6); the statutory or other authority for the petition; how the Rate Request
substantially and specifically affects the petitioner; the petitioner's contentions; the relief
petitioner seeks; and a description of the scope of the petitioner's proposed intervention or
participation. The petition shall describe the nature of the evidence, if any, the petitioner seeks
to present; state the reasons why the petitioner's interests would not be represented adequately
by the Filer, the State Rating Bureau, Statutory Intervenors or Intervenors already taking part and
explain how the petitioner will avoid introduction of repetitive testimony and not unduly delay
the Hearing.
(4) Responses to Petitions. A Party opposing a petition to intervene or participate shall file a
written objection, setting forth the grounds for its opposition, no later than five days after service
of the petition.
(5) Action on Petition. The Presiding Officer may schedule a conference to address the petition
to intervene or participate. The Presiding Officer shall determine whether the petitioner will be
allowed to participate as an Intervenor or as a Participant, and the extent of its participation in
the Proceeding. In the Presiding Officer's discretion, participation may be limited to submitting
written or oral argument at the close of the Hearing. The Presiding Officer may order two or
more petitioners to consolidate their appearances or presentations if consolidation will facilitate
and expedite the Proceeding.
121.09: Responsive Filings
(1) Purpose. A Responsive Filing shall state the grounds upon which a Party supports or
contests the Rate Filing. Direct testimony and the documents or other exhibits in the Responsive
Filing constitute the direct case of that Party.
(2) Timing. A Party, other than the State Rating Bureau, shall file a Responsive Filing no later
than ten days after the transcript of the cross-examination of the Filer's witnesses is filed. The
State Rating Bureau may file a Responsive Filing no later than two days after the other
Responsive Filings are due.
(3) Contents. A Responsive Filing must consist of sequentially numbered pages, must use any
format prescribed by the Presiding Officer and, subject to limits on intervention set pursuant to
211 CMR 121.08, must contain:
(a) a title stating the nature of the Proceeding, and the complete name and address of the
Party submitting the Responsive Filing;
(b) the name and address of counsel, or other representative, if the Party is represented, as
prescribed in 211 CMR 121.03(6);
(c) a statement of the issues the Party is presenting for consideration;
(d) a statement of the specific components of the Rate Filing that the Party is addressing;
(e) a statement of the legal grounds on which the Party relies to support or oppose the Rate
Filing as a whole, or any part of the Rate Filing;
(f) any alternative rate adjustment that the Party recommends;
(g) sworn written testimony of all witnesses that includes all information and commentary
submitted in support of any recommendations;
(h) for every witness whose testimony is part of the Responsive Filing, the following
information:
1. name and business address;
2. the specific part of the Responsive Filing that is the subject matter of the witness's
testimony; and
3. the witness's qualifications to testify on that subject matter;
1/16/15
211 CMR - 710
121.09: continued
(i) all information, including data, statistics, schedules, and exhibits, submitted in support
of recommendations;
(j) other information as prescribed from time to time by the Presiding Officer.
(4) Form of Evidence. In his or her discretion, the Presiding Officer may permit a Party to
introduce evidence orally rather than in pre-filed written format.
(5) Amendments. A Party may move to amend or make additions or corrections to its
Responsive Filing, for good cause shown. In his or her discretion, the Presiding Officer may
deny or allow, in whole or in part, a motion to amend or make additions or corrections to a
Responsive Filing.
(6) Copies. A Party shall file five copies of its Responsive Filing, unless the Presiding Officer
directs otherwise. The text and data in the Responsive Filing also must be filed electronically
in a format determined by the Presiding Officer. Concurrently, a Party shall serve two copies of
its Responsive Filing on the State Rating Bureau, and one copy on every other Party. By
agreement of the Parties concerned, copies may be served on a Party electronically.
121.10: Hearing Procedures
(1) Timing and Order of Presentation of the Hearing. The Hearing will begin within 30 days
after the filing of the Rate Filing with the Division. The Hearing generally will be conducted
in the following order, and in accordance with the orders issued by the Presiding Officer: Public
Comment Hearing, Technical Conference, pre-hearing conferences, examination on the Rate
Filing, and examination on Responsive Filings. The Presiding Officer may alter the order of
presentation on his or her own initiative, or on request by a Party.
(2) Motions to Dismiss or Strike. Motions to dismiss or strike must be filed in accordance with
the following schedule:
(a) no later than 14 days after the date the Hearing notice is published, a Party may move
to dismiss the Rate Filing on the ground that it contains insufficient evidence to substantiate
the proposed Rate Filing, or otherwise fails to comply with the filing requirements
established in 211 CMR 121.00 or 211 CMR 71.12(10): Rate Filings;
(b) no later than seven days after the filing of a Responsive Filing, the Filer may move to
strike it on the ground that it contains insufficient evidence to substantiate that Party's contest
of the Rate Filing;
(c) the Presiding Officer may, in his or her discretion, permit a Party to amend its Rate
Filing or Responsive Filing in order to address the issues raised by motions to dismiss or
strike;
(d) the filing of a motion to dismiss or strike will not affect the time periods provided in
211 CMR 121.00 unless otherwise ordered by the Presiding Officer.
(3) Public Comment. Members of the public may make oral statements prior to the start of the
Hearing or at another time permitted by the Presiding Officer. The Presiding Officer may specify
the amount of time allowed speakers. If the Presiding Officer determines that an oral statement
is irrelevant, immaterial or unduly repetitious, he or she may further restrict the time allowed to
a speaker. Written public statements may be filed at any time before the record of the Hearing
is closed.
(4) Conferences. A Presiding Officer may hold a Technical Conference and other conferences.
(a) Technical Conference. The Presiding Officer may hold a Technical Conference with all
Parties, or if no other Party is involved in the Hearing with the Filer. A Technical
Conference may involve examination and cross-examination of sworn witnesses in order to
clarify the technical aspects of a Rate Filing. Topics of such inquiry may include, but will
not be limited to, the data relied on by the Filer, the projection trends selected, and applicable
federal law. The Filer shall arrange for the Technical Conference to be stenographically
recorded. In his or her discretion, the Presiding Officer may order that all or part of a
Technical Conference transcript be admitted as a part of the Hearing record.
1/16/15
211 CMR - 710.1
121.10: continued
(b) Other Conferences. The Presiding Officer may hold one or more conferences to address
such matters as clarifying or narrowing issues, entering into stipulations, identifying admitted
facts, limiting the number of witnesses, eliminating cumulative evidence, scheduling
testimony, organizing exhibits, and other matters, including discovery, that may expedite the
Hearing.
(5) Rebuttal and Surrebuttal Filings. A Party, except as otherwise provided by law or 211 CMR
121.00, shall have the right to submit Rebuttal and Surrebuttal Filings. Rebuttal and surrebuttal
evidence shall be limited to denial of an affirmative fact that another Party has endeavored to
prove. To the extent that any Party intends to introduce rebuttal or surrebuttal evidence, it shall
inform the Presiding Officer, as soon as practicable, of its intention, the subject of the proposed
evidence and the identity of any witnesses. Rebuttal and Surrebuttal Filings shall be filed and
served in the same manner as are Rate and Responsive Filings, respectively.
(6)
Conclusion of the Proceeding. The Proceeding shall conclude, for purposes of
M.G.L. c. 176K, § 7(g), when the Presiding Officer issues an Order Closing the Proceeding.
121.11: Discovery
(1) Information Requests.
(a) Subject to any limits on intervention imposed pursuant to 211 CMR 121.08, a Party may
serve upon another Party that has submitted a Rate Filing or Responsive Filing, within ten
days of the filing of that Party's Filing, written Information Requests to produce or make
available documents or tangible things, not privileged, and not previously supplied, that are
in the custody or control of the Party upon whom the request is served. An Information
Request must set forth, with reasonable particularity, the items to be provided. The Presiding
Officer, in his or her discretion, may permit Information Requests to be served on a Party
after the start of the examination of that Party's witnesses and before the conclusion of the
Hearing. Discovery must be conducted expeditiously and, except for good cause, will not
be grounds to delay the Hearing.
(b) All Information Requests must be filed and served on all Parties. A Party requesting
documents from the Division or the State Rating Bureau shall pay the Division the fee per
page for copies as determined from time to time by the Executive Office for Administration
and Finance, unless the Presiding Officer, in his or her discretion, waives the fee.
(2) Record Requests. Subject to any limits on intervention imposed pursuant to 211 CMR
121.08, a Party may, at the discretion of the Presiding Officer, make oral Record Requests of
another Party during testimony or conferences, seeking discovery in the manner permitted for
Information Requests in 211 CMR 121.11(1).
(3) Uniform Definitions in Discovery Requests. As used in 211 CMR 121.00, the following
words shall mean:
(a) Incorporation by Reference and Limitations. The full text of the definitions set forth in
211 CMR 121.11(3)(c) is deemed incorporated by reference into all Information Requests
and Record Requests, but shall not preclude the definition of other terms specific to the
particular litigation, the use of abbreviations or a narrower definition of a term defined in
211 CMR 121.11(3)(c).
(b) Effect on Scope of Discovery. 211 CMR 121.11(3) is not intended to broaden or narrow
the scope of discovery permitted by 211 CMR 121.00.
(c) Definitions. The following definitions apply to all Information Requests and Record
Requests, unless otherwise ordered by the Presiding Officer:
1. Communication. The term communication means the transmittal of information (in
the form of facts, opinions, ideas, inquiries, or otherwise).
2. Document. The term document is defined to be synonymous in meaning and equal
in scope to the usage of this term in Mass. R. Civ. P. 34(a). An earlier draft is a separate
document within the meaning of this term.
3. Identify (with Respect to Persons). When referring to a natural person, to identify
means to state, to the extent known, the person's:
1/16/15
211 CMR - 710.2
121.11: continued
a. full name;
b. present or last known address; and
c. the present or last known place of employment.
Once a person has been identified in accordance with 211 CMR 121.11(3)(c)3.,
only the name of that person need be listed in response to subsequent discovery
requesting the identification of that person.
4. Identify (with Respect to Entities). When referring to an entity, to identify means to
state, to the extent known,
a. the entity's full name, including (when not apparent from the name) the nature of
the entity (e.g., corporation, limited liability corporation, partnership, or professional
corporation);
b. present or last known address of its headquarters or principal place of business;
and
c. the state in which the entity is incorporated or otherwise created.
Once an entity has been identified in accordance with this subparagraph, only the
name of that entity need be listed in response to subsequent discovery requesting the
identification of that entity.
5. Identify (with Respect to Documents). When referring to documents, to identify
means to state, to the extent known:
a. the type of document;
b. the general subject matter;
c. the date of the document;
d. the author or authors, according to the document; and
e. the persons to whom, according to the document, the document (or a copy) was
to be sent.
6. Parties. The term Party, as well as a Party's full or abbreviated name or a pronoun
referring to a Party, mean the Party and, where applicable, its officers, directors,
employees, partners, corporate parent, and subsidiaries. Party is not intended to impose
a discovery obligation on any person who is not a Party to the Proceeding.
7. Person. The term Person means any natural person or any business, legal, or
governmental entity.
8. Concerning. The term Concerning means referring to, describing, offering evidence
of, or constituting.
9. State the Basis or State All Facts. When an Information Request or Record Request
calls upon a Party to State the Basis for or to State All Facts concerning a particular
matter (or uses comparable language), the Party shall provide a substantial summary of
the factual basis supporting the matter at the time of the response to the Request. The
summary shall: identify the essential acts or failures to act forming the substance of the
matter, identify the persons and entities that, through firsthand information or possession
of documents, are the sources of the Party's information regarding the matter, and, when
the basis of the matter is one or more documents, identify (or provide as part of the
response a copy of) each such document. In stating the basis, a Party may not withhold
information from the response because it derives from attorney work product or was
obtained in anticipation of litigation if the Party intends to offer this information at the
Hearing.
(4) Responses to Discovery.
(a) Answers to Information or Record Requests. Answers to Information Requests or
Record Requests must be filed and served upon all Parties no more than five days after
receipt of the Request. A Party upon which a discovery Request is served may, within the
time period established for response, file objections or move for a protective order with
respect to specified portions of the Request, provided that it first has attempted in good faith
to resolve the grounds for its objection or motion with the Party seeking discovery.
Objections or a motion for a protective order must be served upon all Parties.
(b) Obligation to Attempt to Resolve Discovery Issues. If a Party's discovery Request is not
honored in whole or in part, or if it opposes an objection or a motion for protective order,
the requesting Party must first attempt in good faith to resolve the issue with the other Party.
If the issue cannot be resolved, the requesting Party may, within three days of service of the
objection or motion, file a motion to compel a response. The Presiding Officer may schedule
a proceeding to address the motion.
1/16/15
211 CMR - 710.3
121.11: continued
(c) Objections to Information Requests or Record Requests. General objections to
Information Requests or Record Requests are prohibited. Each objection to a Request shall
be specific to that Request and shall have a good faith basis. If a Party refuses to answer an
Information Request or Record Request, the Party shall so state and identify each objection
asserted to justify the refusal to answer. If a Party, after having asserted an objection,
answers the Information Request or Record Request, the answer shall state either:
1. notwithstanding the objection no information has been withheld from the answer, or
2. information has been withheld from the answer because of the objection.
Where information has been withheld from the answer, the objecting Party shall describe
the nature of the information withheld and identify each objection asserted to justify the
withholding.
(d) Objections to Requests for the Production of Documents and Things.
1. Where a Party serves a response to a Request for production of documents and things
before production is completed, the response may include general objections. Where
general objections are made, however, the responding Party shall prepare and serve a
supplemental response no later than five days after the completion of production.
2. Once production is completed, general objections to Requests for production of
documents and things are prohibited. As to each Request, the supplemental response
shall state either:
a. notwithstanding prior general objections, all responsive documents or things in
the possession, custody, or control of the responding Party have been produced;
b. after diligent search no responsive documents or things are in the possession,
custody, or control of the responding Party; or
c. the specific objection made to the Request.
When specific objection is made, the response shall describe the nature of all
responsive documents or things in the possession, custody, or control of the responding
Party that have not been produced because of the objection.
3. In the initial written response, the responding Party shall articulate with clarity the
scope of the search conducted or to be conducted. If the scope of the search changes
during production, the responding Party in a supplemental written response shall
articulate with clarity the change in scope. If the scope of the search does not include all
locations, including electronic storage locations, where responsive documents or things
reasonably might be found, the responding Party shall explain why these locations have
been excluded from the scope of the search.
(5) Rulings with Respect to Discovery. The Presiding Officer may compel a response to the
discovery sought and may, where justice requires, issue protective orders to protect a Party from
annoyance, embarrassment, oppression or undue burden or expense, or to prevent undue delay
in the Proceeding. The Presiding Officer may order limits on the scope, method, time and place
for discovery or impose provisions for protecting confidential or privileged information or
documents, consistent with applicable statutes. The Presiding Officer may in his or her
discretion and upon proper motion, allow the parties additional time to make or respond to
discovery requests.
121.12: Conduct of Proceedings
(1) Presiding Officer. The Presiding Officer conducts the Proceeding and makes all decisions
on the admission or exclusion of evidence and other procedural matters that arise in the course
of the Hearing. The Presiding Officer may issue orders he or she finds proper, expedient or
necessary to enforce and administer the provisions of 211 CMR 121.00, M.G.L. c. 176K and
M.G.L. c. 30A. The Presiding Officer may administer oaths and affirmations, schedule Hearings
and order the consolidation of related Proceedings. The Presiding Officer may impose sanctions
on a Party that does not comply with an order issued in a Proceeding. Such sanctions can include
entering orders or decisions on one or more issues, limiting the introduction of evidence, limiting
a Party's participation in the Proceeding, and addressing other matters he or she deems
appropriate. The Presiding Officer may shorten or terminate a phase of the Proceeding for a
Party's failure, without good cause, to comply with the prescribed schedule or to proceed
expeditiously.
1/16/15
211 CMR - 710.4
121.12: continued
(2) Ex Parte Communications.
(a) Within the time frame set forth in 211 CMR 121.12(2)(b), until the rendering of a final
decision, no person who is not employed by the Division shall communicate ex parte with
the Commissioner, the Presiding Officer, or any Division employee involved in the decision
process for the Proceeding in question, with respect to the merits of the Proceeding. A
request for a report concerning the status of a Proceeding or an inquiry as to the Division's
practice or procedure shall not be considered an ex parte communication.
(b) The prohibitions of 211 CMR 121.12(2) apply from the time a person knows or
reasonably should know that a Proceeding will be initiated. Otherwise, for Proceedings
pursuant to M.G.L. c. 176K, § 7(g), the prohibitions apply from the time the Filer submits
a pre-filing notice in accordance with 211 CMR 121.04; for Proceedings under
M.G.L. c. 176K, § 7(d), the prohibitions apply from the time the Commissioner issues the
Hearing notice. In all cases, the prohibitions apply as long as a Proceeding is open.
(c) If the Presiding Officer determines that a Party has violated 211 CMR 121.12(2), the
Presiding Officer may exclude that Party from the Hearing or decide against that Party with
prejudice. If the Presiding Officer determines that a person not a Party has violated
211 CMR 121.12(2), the Presiding Officer may exclude that person from the Hearing.
(3) Motions. A Party requesting a ruling shall make a motion that states the ruling sought and
the grounds for the request. The Presiding Officer may require that a motion be made in writing.
A Party shall file an opposition to a written motion no later than five days after the motion is
filed and served. The Presiding Officer may, in his or her discretion, allow, deny, or require oral
argument on a motion.
(4) Official Notice. The Presiding Officer may take official notice of a fact that can be
judicially noticed by Massachusetts courts and may take official notice of general, technical or
scientific facts within his or her specialized knowledge or experience. The Presiding Officer
shall notify all Parties of the material so noticed and shall permit a Party, upon timely request,
to contest the facts noticed. The Presiding Officer may use his or her technical experience,
technical competence, and specialized knowledge in the evaluation of the evidence presented.
(5) Evidence. The Presiding Officer need not observe the rules of evidence observed by
Massachusetts or United States courts, but shall observe the rules of privilege recognized by
Massachusetts law. Evidence can be admitted and given probative effect only if it is the kind
of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs.
The Presiding Officer may exclude evidence that he or she determines is unduly repetitious, or
that will delay the Proceeding unnecessarily. All evidence on which the Presiding Officer's
decision is based, including records and documents in the Division's possession, will be made
a part of the record, and no other factual information can be considered, except for facts officially
noticed, as is provided in 211 CMR 121.12(4). Documentary evidence may be received in
evidence in the form of copies or excerpts, at the discretion of the Presiding Officer.
(6) Control of Evidence. The Presiding Officer may question witnesses. At any stage of the
Proceeding, the Presiding Officer may call for further evidence on an issue, and require a Party
to present that evidence. The Presiding Officer may limit, strike or terminate irrelevant,
immaterial or repetitious evidence. The Presiding Officer, in his or her discretion, may permit
a Party to introduce exhibits and raise issues not included in its Rate Filing or Responsive Filing,
for good cause shown. If, despite an order from the Presiding Officer, a witness fails to be
present for his or her examination or unreasonably obstructs examination, the Presiding Officer
may find the witness to be unavailable. Upon finding a witness to be unavailable, the Presiding
Officer may order stricken from the record all testimony by the witness and evidence submitted
through the witness.
(7) Offers of Proof. A Party may make an offer of proof following a ruling by the Presiding
Officer excluding proffered evidence. The offer of proof must include a statement of the
substance of proposed oral testimony and copies of proffered documents. The Presiding Officer
may require that offers of proof be made in writing.
1/16/15
211 CMR - 710.5
121.12: continued
(8) Stipulations. At any stage of the Proceeding, the Parties may stipulate to a fact or issue. If
the Presiding Officer rejects a stipulation, he or she shall state this on the record and, if
appropriate, permit the Parties to present evidence and argument on the matter.
(9) Conduct of Persons Present. All persons present at a Proceeding shall conduct themselves
in a manner consistent with the standards of decorum commonly observed in Massachusetts
courts. If a person’s conduct is not consistent with 211 CMR 121.12(9), the Presiding Officer
may issue orders appropriate to maintain order, including the exclusion of a disorderly person
from the Proceeding. If the person excluded is a Party or its representative, the Presiding Officer
may decide against the Party with prejudice.
(10) Transcripts. The Filer shall engage a qualified stenographer to record and transcribe the
Proceeding expeditiously. The Filer shall pay the cost of the stenographer's fees, and the cost
of providing the Division with copies of the transcript in the quantity and format determined by
the Presiding Officer, which may include electronic copies, and of providing one copy to the
State Rating Bureau and to every Statutory Intervenor. Other Parties and Participants may obtain
copies of the transcript from the stenographer at cost, unless the Presiding Officer determines
that the Filer should provide a transcript to a Party or Participant.
121.13: Briefs
(1) Briefs. Parties, and any Participant who has been permitted to do so, may file briefs within
a period set by the Presiding Officer. Each Party and permitted Participant shall file five copies
of its brief and serve one copy on each Party and on each Participant who has been allowed to
file a brief, unless the Presiding Officer directs otherwise. Briefs also shall be filed on computer
disk or by other electronic means in a format determined by the Presiding Officer. The Presiding
Officer may set a page limit for briefs. Each brief must include:
(a) a concise statement of the case;
(b) the arguments of the Party or Participant with specific identification of all the evidence
relied upon to support its positions, with references to where this supporting evidence
appears in the record;
(c) a statement of the specific relief requested on every contested issue; and
(d) any other information required by the Presiding Officer.
(2) Reply Briefs. Parties may submit reply briefs at the discretion of the Presiding Officer,
within a period set by the Presiding Officer, which will be no more than four days following the
filing of an opposing Party's brief. Reply briefs must comply with the format, filing and service
requirements of 211 CMR 121.13(1).
121.14: Decision
(1) The Presiding Officer's decision shall be in writing or stated on the record no more than 30
days following the conclusion of the Proceeding as prescribed by 211 CMR 121.10(8). The
Presiding Officer shall notify all Parties of the decision, of their right to appeal it, and of the time
within which to appeal.
(2) Filed rates that are approved may be effective no earlier than 30 days after approval. For
a filed rate that is disapproved, the Presiding Officer may indicate an alternative rate or
component, if any, that he or she would find to be reasonable. The Filer may then make a
Revised Rate Filing that incorporates the rate or rate components that the Presiding Officer
indicated would be reasonable.
(3) The submission and approval of a revised Rate Filing will not affect the Filer's right to
appeal the disapproval of any elements of its Rate Filing.
1/16/15
211 CMR - 710.6
121.15: Revised Rate Filing
(1) Contents. Within the time period specified in the Presiding Officer's decision, a Filer may
file a Revised Rate Filing in the docket opened for the Rate Filing. The Revised Rate Filing
must contain all information and meet all other requirements set forth in the Presiding Officer's
decision, and must comply with the format, filing and service requirements of 211 CMR 121.05,
but otherwise need not comply with 211 CMR 121.05.
(2) Hearing on Revised Rate Filings. The Presiding Officer may hold a Hearing on a Revised
Rate Filing, and shall hold a Hearing on a Revised Rate Filing if a Party requests one within five
days of the filing of the Revised Rate Filing. At such a Hearing, the Presiding Officer may hear
argument and receive evidence regarding compliance with the decision on the Rate Filing. The
Presiding Officer shall approve a Revised Rate Filing if it meets the requirements for approval
set forth in the decision on the Rate Filing. The Presiding Officer may permit a Filer further to
revise a Revised Rate Filing to meet the requirements for approval set forth in the decision on
the Rate Filing.
121.16: Appeals
A person aggrieved by a Presiding Officer's decision that is not affirmed by the
Commissioner may appeal that decision to the Commissioner in accordance with M.G.L. c. 26,
§ 7.
A person aggrieved by a decision of the Commissioner, including a Commissioner's
simultaneous affirmation of a Presiding Officer's decision, may, within 20 days from the filing
of the decision, file a petition in the Supreme Judicial Court for Suffolk County for review of the
decision.
121.17: Suspension or Modification of the Requirements of Filing or Prior Approval of Rates
The Commissioner may, by written order pursuant to M.G.L. c. 176K, § 7(k), suspend or
modify the requirements of filing or prior approval of rates.
If any section or portion of a section of 211 CMR 121.00 or the applicability thereof to any
person, entity, or circumstance is held to be invalid by a court of competent jurisdiction, the
remainder of 211 CMR 121.00 or the applicability of such provision to other persons, entities
or circumstances, shall not be affected thereby.
211 CMR 121.00: M.G.L. chs. 176K and 30A.
1/16/15
211 CMR - 710.7
NON-TEXT PAGE
1/16/15
211 CMR - 710.8
Docket #
Regulation Filing
CHAPTER NUMBER:
225 CMR 19.00
CHAPTER TITLE:
Energy Management Services (EMS) Contracts Requests for Qualifications
Process
AGENCY:
This regulation is being adopted as directed by M.G.L. c. 25A, § 11I subsection (i), which requires, in
relevant part, that the agency "...shall adopt regulations for the procurement of energy management
services under [M.G.L. c. 25A, §11I] for local government bodies.” This regulation provides a process
for local governmental bodies to procure energy efficiency improvements for buildings and facilities,
thereby saving them time and money in the procurement process and money in energy and water
savings, once energy and water efficiency improvements are installed.
M.G.L. c. 25A, § 11I
AGENCY CONTACT:
Lisa Capone
ADDRESS:
100 Cambridge Street, Boston, MA 02114
PHONE:
617-626-7358
LGAC: July 2014
Legislature: November 2014
PUBLIC REVIEW -
Public comment period August 29 - September 29, 2014;
Public Hearing September 25, 2014
49
85
FISCAL EFFECT -
No fiscal effect:
The regulation is anticipated to have no fiscal effect.
December 31, 2014
Environment and Energy
PROMULGATION -
New Chapter: 225 CMR 19.00
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Jan 2 2015
DATE:
01/16/2015
EFFECTIVE DATE:
1278
01/16/2015
Remove these pages:
2.1, 2.2
________
________
Insert these pages:
2.1, 2.2
153, 154
161 - 170
01/02/2015
50
kr
225 CMR: DEPARTMENT OF ENERGY RESOURCES
Table of Contents
Page
225 CMR 15.00: RENEWABLE ENERGY PORTFOLIO STANDARD – CLASS II
127
Section 15.01:
Section 15.02:
Section 15.03:
Section 15.04:
Section 15.05:
Section 15.06:
127
127
133
133
133
Section 15.07:
Section 15.08:
Section 15.09:
Section 15.10:
Section 15.11:
Section 15.12:
Section 15.13:
Authority
Definitions
Administration
Applicability
Eligibility Criteria for RPS Class II Generation Units
Statement of Qualification Process for RPS Class II Renewable
Generation Units
Renewable Energy Portfolio Standard - Class II
Compliance Procedures for Retail Electricity Suppliers
Annual Compliance Filings for Retail Electricity Suppliers
Inspection
Non-compliance
Severability
225 CMR 16.00:
ALTERNATIVE ENERGY PORTFOLIO STANDARD (APS)
141
Section 16.01:
Section 16.02:
Section 16.03:
Section 16.04:
Section 16.05:
Definitions
Administration
Applicability
Eligibility Criteria for APS Alternative Generation Units
Statement of Qualification Process for APS Alternative
Generation Units
Alternative Energy Portfolio Standard
Compliance Procedures for Retail Electricity Suppliers
Annual Compliance Filings for Retail Electricity Suppliers
Inspection
Non-compliance
Severability
141
144
144
144
Section 16.06:
Section 16.07:
Section 16.08:
Section 16.09:
Section 16.10:
Section 16.11:
Section 16.12:
140.1
140.3
140.3
140.5
140.6
140.6
140.7
140.7
147
148
149
150
151
151
151
152
(225 CMR 17.00 AND 18.00: RESERVED)
153
225 CMR 19.00: ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS
REQUESTS FOR QUALIFICATIONS PROCESS
161
Section 19.01:
Section 19.02:
Section 19.03:
Section 19.04:
Section 19.05:
Section 19.06:
Section 19.07:
Section 19.08:
Section 19.09:
Section 19.10:
Section 19.11:
161
161
163
165
166
166
167
167
167
168
169
1/16/15
Application
Definitions
Request for Qualifications
Investment Grade Audit Agreement
Contract Negotiation and Award
Contract Terms
Contract Amendments
Monitoring and Reporting Requirements
Enforcement; Complaint Process Procedures; and Disputes
Waivers
Severability
225 CMR - 2.1
NON-TEXT PAGE
12/6/13
225 CMR - 2.2
(225 CMR 17.00 AND 18.00: RESERVED)
1/16/15
225 CMR - 153
1/16/15
225 CMR - 154
225 CMR 19.00:
ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR
QUALIFICATIONS PROCESS
Section
19.01:
19.02:
19.03:
19.04:
19.05:
19.06:
19.07:
19.08:
19.09:
19.10:
19.11:
Application
Definitions
Request for Qualifications
Investment Grade Audit Agreement
Contract Negotiation and Award
Contract Terms
Contract Amendments
Monitoring and Reporting Requirements
Enforcement; Complaint Process Procedures; and Disputes
Waivers
Severability
19.01: Application
225 CMR 19.00 shall apply to the procurement of Energy Management Services using a
Request for Qualifications, which may include On-site Energy Generation by a Local
Governmental Body. Any dispute as to inclusion or exclusion within the provisions of 225 CMR
19.00 shall be determined by DOER.
19.02: Definitions
Business Day. A business day shall mean Monday through Friday, exclusive of state and federal
legal holidays.
Central Register. The publication maintained by the Secretary of the Commonwealth that
publishes Notices of RFQs.
Certificate of Eligibility. A certificate provided by DCAMM under M.G.L. c. 149, § 44D,
indicating a Contractor's qualifications to perform the EMS.
Commissioner. The Commissioner of DOER established by M.G.L. c. 25A, § 1.
Contractor. The vendor selected by the Local Governmental Body to perform the EMS solicited
pursuant to 225 CMR 19.00.
DCAMM. Division of Capital Asset Management and Maintenance, established by M.G.L. c. 7,
§ 4A.
DOER. The Department of Energy Resources, established by M.G.L. c. 25A, § 1.
EMS Annual Report. A report form required by DOER that must be completed by the Local
Governmental Body summarizing the energy or water unit and dollar cost savings. The initial
report providing estimated savings must be filed along with the EMS contract and thereafter
within 90 days after the anniversary of the Guaranteed Energy Performance Period.
Energy Audit. A systematic inspection, verification and determination of the energy
consumption characteristics of a building or facility which:
(a) identifies the type, size and rate of energy consumption of such building or facility and
the major energy using systems of such building or facility;
(b) determines appropriate Energy Conservation maintenance and operating procedures; and
(c) indicates the need, if any, for the acquisition and installation of Energy Conservation
Measures or On-site Energy Generation.
Energy Conservation. A modification of, or change in, the operation of real or personal property
in a manner likely to improve the efficiency of energy use, and shall include Energy
Conservation Measures and any Energy Audits to identify and specify energy and cost savings.
1/16/15
225 CMR - 161
19.02: continued
Energy Conservation Measures. Measures involving modifications of maintenance and operating
procedures of a building or facility and installations therein, which are designed to reduce energy
and water consumption in such building or facility, or the installation or modification of an
installation in a building or facility which is primarily intended to reduce energy and water
consumption.
Energy Conservation Projects. Projects to promote Energy Conservation, including but not
limited to energy conserving modification to windows and doors; caulking and weather stripping;
insulation, automatic energy control systems; hot water systems; equipment required to operate
variable steam, hydraulic and ventilating systems; plant and distribution system modifications,
including replacement of burners, furnaces or boilers; devices for modifying fuel openings;
electrical or mechanical furnace ignition systems; utility plant system conversions; installation
of water saving devices; replacement or modification of lighting fixtures; energy recovery
systems; on-site electrical generation equipment using new Renewable Energy generating
sources as defined in M.G.L. c. 25A, § 11F; and cogeneration systems.
Energy Management Services (EMS). A program of services, including Energy Audits, Energy
Conservation Measures, Energy Conservation Projects or a combination thereof, and building
maintenance and financing services, primarily intended to reduce the cost of energy and water
in operating buildings, which may be paid for, in whole or in part, by cost savings attributable
to a reduction in energy and water consumption that result from such services. The EMS
contract may extend for a term not to exceed 20 years. The allowable length of the contract may
also reflect the useful life of the cost savings measures.
Energy Savings. A measured reduction in fuel and its costs, energy and its costs, water and its
costs, or operating or maintenance costs resulting from the implementation of Energy
Conservation Measures or Energy Conservation Projects; provided, however, that any payback
analysis to evaluate the Energy Savings of a geothermal energy system to provide heating,
cooling or water heating over its expected lifespan shall include gas and electric consumption
savings, maintenance savings and shall use an average escalation rate based on the most recent
information for gas and electric rates compiled by the Energy Information Administration of the
United States Department of Energy.
Established Baseline. A written description of previous fuel, energy, and water consumption
data and operating and maintenance costs for the past two years, including, but not limited to,
future capital replacement expenditures avoided as a result of equipment installed or services
performed. The description shall be included in the RFQ.
Guarantee of Generation. The written guarantee of a Contractor warranting the particular
electrical energy generation derived from an On-site Energy Generation unit. Such written
guarantee shall include:
(a) a detailed description of the equipment to be installed; and
(b) the annual amount of electrical energy to be generated in kilowatt hours per year.
Guarantee of Savings. The written guarantee of a Contractor warranting the Energy Savings
derived from a particular Energy Conservation Measure, Energy Conservation Project, EMS, or
Energy Savings. Such written guarantee shall include a detailed description of the cost of the
energy or water conservation or usage measures, all causally connected work, and ancillary
improvements provided for in the contract. The guarantee shall state the annual savings
expressed in applicable energy units or (if water savings) in gallons per year and be based on
dollars saved by reference to established unit rates.
Guaranteed Maximum Cost. The fixed maximum cost of the EMS, including:
(a) the cost of each Energy Conservation Measure and Energy Conservation Project, after
installation, startup, and testing; and
(b) the total payments made by a Local Governmental Body to a Contractor, including but
not limited to, the total capital investment and the Contractor's costs.
Utility sponsored rebates, tax credits or other incentives, any direct governmental subsidies,
interest payments, and energy and water cost savings shall not be deducted from the Guaranteed
Maximum Cost.
1/16/15
225 CMR - 162
19.02: continued
Guidelines. A set of clarifications, interpretations, and procedures, including forms and model
documents, developed and issued by DOER to assist it in determining compliance with
225 CMR 19.00. Each Guideline shall be effective on its date of issuance or on such date as is
specified in the Guidelines, except as otherwise provided in 225 CMR 19.00.
Investment Grade Audit (IGA). An Energy Audit that includes a detailed evaluation of the
Energy Conservation Project cost, including but not limited to the investment opportunities for
Energy Conservation Measures, operations and maintenance. The IGA shall provide a return on
investment that represents an optimized bundle of short-term payback Energy Conservation
Measures combined with long-term payback Energy Conservation Measures to meet Local
Governmental Body Energy Savings and financial goals.
Local Governmental Body. A city, town, district, regional school district or county, or an agency
or authority thereof, including a housing authority, board, commission, department or
instrumentality of a city, town district, regional school district or county, and any other agency
that is not a state agency or building authority; or a combination of two or more such cities,
towns, districts, regional school districts or counties, or agencies or authorities thereof.
On-site Energy Generation. The generation of Renewable Energy or the cogeneration of
electricity and heating or cooling of a generation unit located on or adjacent to a building or
structure owned by a Local Governmental Body that utilizes some or all of the energy so
generated either directly or indirectly though net metering, as defined in M.G.L. c 164, § 138.
Renewable Energy. The electrical energy output of an RPS Class I Renewable Generation Unit,
Solar Carve-out Renewable Generation Unit, or Solar Carve-out II Renewable Generation Unit
as defined under 225 CMR 14.00: Renewable Energy Portfolio Standards - Class I.
Request for Qualifications (RFQ). A written document issued by a Local Governmental Body
that invites qualified providers to submit responses outlining their qualifications, the capacity
to perform the EMS for the Local Governmental Body, and other information required by
225 CMR 19.00 and the Local Governmental Body.
Responsive Offeror. A person who has submitted a statement of qualifications, which conforms
in all respects to the RFQ and who possesses the skill, ability, and integrity necessary to
faithfully perform the work, based upon a determination of competent workmanship and
financial soundness in accordance with M.G. L. c. 149, § 44D.
RFQ Compliance Certification. A form prepared by DOER that is completed and signed by a
duly authorized officer of the Local Governmental Body, certifying that the Local Governmental
Body's RFQ for EMS is in full compliance with 225 CMR 19.00 and M.G.L. c. 25A, § 11I.
Update Statement. A form developed by DCAMM, as defined in 810 CMR 4.01: Definitions,
to be completed by a general contractor and submitted with the statement of qualifications.
19.03: Request for Qualifications
(1) RFQ Terms. A Local Governmental Body shall solicit competitive sealed statements of
qualifications through an RFQ. Except for those soliciting only On-site Energy Generation,
requirements set forth in 225 CMR 19.03(2), every RFQ shall, at a minimum, include the
following:
(a) A general description of those buildings to be addressed by the RFQ, including where
applicable:
1. the general purpose for which the building is used, the physical location, and
approximate hours of daily occupancy;
2. the approximate size, age, and condition of the building envelope;
3. a general description of the heating and cooling systems including the approximate
age, condition, and fuel type(s);
4. a general description of the heating and cooling distribution and control systems;
5. a general description of the lighting and lighting control systems; and
6. fuel, electricity, and water consumption data for the past two years.
1/16/15
225 CMR - 163
19.03: continued
(b) A general statement of the minimum scope of building improvements proposed by the
Local Governmental Body;
(c) A request that the Responsive Offeror provide recommendations to address building
improvements referenced in 225 CMR 19.03(1)(b), and where applicable, additional
improvements for:
1. the building envelope;
2. the heating and cooling systems;
3. the lighting and control systems; and
4. any other recommendations for Energy Savings sought by the Local Governmental
Body.
(d) A statement of objectives, identifying the Local Governmental Body's priorities, on
which the statements of qualifications will be evaluated. The statement of objectives may
include Energy Savings, reducing energy and/or water consumption, funding major capital
improvements, and improving building operating conditions;
(e) A requirement to submit a Certificate of Eligibility and the most current Update
Statement; and
(f) A requirement to submit the cost of an IGA.
(2) RFQ Terms for On-site Energy Generation. A Local Governmental Body that is soliciting
statements of qualifications for solely the construction of On-site Energy Generation shall be
required to solicit competitive sealed statements of qualifications through an RFQ process. An
RFQ shall at a minimum include the following information:
(a) A general description of those buildings or facilities to be addressed by the RFQ,
including:
1. the general purpose for which the building or facility is used, and approximate hours
of daily occupancy;
2. any permitting requirements;
3. the conditions (surface, subsurface, and underground facilities) at the site; and
4. For rooftop installations, the approximate size, age and condition of the building,
including the roof where the system will be mounted;
(b) A statement of objectives, identifying the Local Governmental Body's priorities on
which statements of qualfications will be evaluated; and
(c) A requirement to submit a Certificate of Eligibility and the most current Update
Statement.
(3) Notice of EMS Procurement. All Local Governmental Bodies shall file a notice of EMS
procurement with DOER at least 15 Business Days prior to filing the RFQ with the Secretary of
the Commonwealth for publication in the Central Register. The notice of EMS procurement
shall include a copy of the RFQ, RFQ Compliance Certification, the contact information, the
name of the Local Governmental Body, the physical address, the name and contact information
for the Chief Procurement Officer, if applicable, or an alternative local governmental official
with equivalent responsibilities, and the current phone number and email address for the person
responsible for the RFQ. The Local Governmental Body shall use the most current RFQ
Compliance Certification and associated instructions, including all required information,
documentation, and assurances provided by DOER.
(4) Acknowledgment of Receipt. Upon receipt of a notice of EMS procurement, EMS contract,
or EMS contract amendment from a Local Governmental Body, DOER shall determine whether
it is complete and satisfies all requirements.
(a) If such notice is deemed incomplete, DOER shall identify all information necessary to
complete the filing and notify the Local Governmental Body in writing within ten Business
Days of receipt.
(b) Once DOER has deemed that the notice of EMS procurement, EMS contract, or EMS
contract amendment is complete, DOER shall, within ten Business Days of receipt, email an
acknowledgement of receipt to the contact person named in the Notice and the Chief
Procurement Officer which does not constitute a review or approval of the RFQ, EMS
contract, or EMS contract amendment by DOER.
(c) A Local Governmental Body shall not issue and publish an RFQ, or execute an EMS
contract or contract amendment until the Local Governmental Body receives an
acknowledgment of receipt from DOER.
1/16/15
225 CMR - 164
19.03: continued
(d) Publication by the Local Governmental Body of an RFQ or execution of an EMS
contract or contract amendment prior to receipt of an acknowledgment of receipt shall be
deemed to be a violation of the procurement process under 225 CMR 19.00, unless the Local
Governmental Body has not received a response from DOER within ten Business Days of
receipt.
(5) Publication of RFQ. A Local Governmental Body may only publish an RFQ for EMS if the
RFQ process is in compliance with 225 CMR 19.00. Such publication of an RFQ shall also
comply with the requirements of M.G.L. c. 149, § 44J(1). Local Governmental Bodies are
encouraged to provide longer than required posting and publication periods, when appropriate,
to increase fair competition among Responsive Offerors.
(6) Response Opening and Evaluation.
(a) Response Opening. A Local Governmental Body shall open statements of qualifications
publicly, in the presence of two or more witnesses, at the time specified in the RFQ, and shall
be available for public inspection.
(b) Response Evaluation. A Local Governmental Body shall evaluate each statement of
qualifications and award each contract based solely on the criteria set forth in the RFQ.
Unless no other manner of description suffices, and the Local Governmental Body so
determines in writing, the requirements for a basis of determination may not result in
exclusively requiring a proprietary supply or service, or procurement from a sole source.
Response evaluation criteria shall include, but not be limited to, the following:
1. references of other Energy Savings contracts performed;
2. the Certificate of Eligibility and Update Statement;
3. quality of the products proposed;
4. methodology of determining Energy Savings;
5. general reputation and performance capabilities including responsiveness and
responsibility;
6. substantial conformity with the specifications and other conditions set forth in the
RFQ;
7. time specified in the RFQ for the performance of the contract; and
8. any other factors the Local Governmental Body considers reasonable and appropriate,
which factors shall be made a matter of record.
The Local Governmental Body shall conduct discussions with, and may require public
presentations by, each person who submitted qualifications in response to the RFQ regarding
his qualifications, approach to the project and ability to furnish the required services. The
Local Governmental Body shall select in order of preference three such persons, unless fewer
persons respond, it considers to be the most highly qualified to perform the required services.
The Local Governmental Body may request, accept and consider statements of qualifications
for the compensation to be paid under the contract only during competitive negotiations
conducted under 225 CMR 19.05(1).
19.04: Investment Grade Audit Agreement
Prior to negotiating a contract for EMS with the most qualified person under 225 CMR
19.05(1), the Local Governmental Body shall enter into an Investment Grade Audit contract for
design and engineering services with said qualified person. A Local Governmental Body shall
only negotiate a contract for EMS after completing an IGA. The IGA agreement shall include
the following requirements:
(a) Price data on each proposed Energy Conservation Measure and Energy Conservation
Project that includes a breakdown of each Energy Conservation Measure and Energy
Conservation Project cost structure, mark-ups, overhead, and profit;
(b) Estimated Guarantee of Savings or Energy Savings based on the specified savings
calculation methodology prescribed by the most recent standards established by the Federal
Energy Management Program (FEMP) Guide for Measurement and Verification; and
(c) The minimum payment terms including, but not limited to, all payments to the
Contractor; any related Energy Savings; revenues such as utility sponsored rebates; tax
incentives or other incentives; and payments to the Local Governmental Body.
1/16/15
225 CMR - 165
19.05: Contract Negotiation and Award
(1) Contract Negotiation. The Local Governmental Body shall negotiate a contract with the
most qualified person at compensation which it determines is fair, competitive, and reasonable.
If the Local Governmental Body is unable to negotiate a satisfactory contract with the person
considered to be the most qualified at a price the Local Governmental Body determines to be fair,
competitive and reasonable, negotiations with that person shall be formally terminated. The
Local Governmental Body shall then undertake negotiations with the second most qualified
person. Failing accord with the second most qualified person, the Local Governmental Body
shall terminate those negotiations and then undertake negotiations with the third most qualified
person. Should the Local Governmental Body be unable to negotiate a satisfactory contract with
any of the selected persons, it may select additional qualified providers who responded to the
RFQ, in the order of their competence and qualification, and continue negotiations in accordance
with 225 CMR 19.05(1) until either an agreement is reached or the Local Governmental Body
cancels the RFQ.
(2) Contract Award.
(a) A Local Governmental Body shall only award a contract for EMS if all the requirements
of 225 CMR 19.00 have been met. At least 15 Business Days prior to execution of an EMS
contract, the Local Governmental Body shall file with DOER a final copy of the contract
along with DOER's EMS Annual Report with projected energy and water cost savings
estimates. Within 15 Business Days after the contract is executed, the Local Governmental
Body shall file an electronic copy of the executed contract with the Commissioner of DOER
under the terms of the DOER EMS Contract Submission Guideline, available on the DOER
website at www.mass.gov/doer.
(b) The Local Governmental Body shall provide public notice of the meeting at which it
proposes to award the EMS contract, of the name of the parties to the proposed contract and
of the purpose of the contract. The public notice shall be made at least ten days before the
meeting. The Local Governmental Body shall promptly publish in the Central Register
notice of the award and shall provide the Commissioner with notice of the award and a copy
of the EMS contract.
(c) Before entering into a contract for EMS, the Local Governmental Body shall require the
Responsive Offeror to file with the Local Governmental Body payment and performance
bonds for construction and installation of Energy Conservation Measures and Energy
Conservation Projects in an amount equal to 100% of the estimated contract value from a
surety company licensed to do business in the commonwealth and whose name appears on
United States Treasury Department Circular 570 administered by the Financial Management
Service.
19.06: Contract Terms
The EMS contract shall conform to the terms included in the RFQ, utilize the terms and
conditions set forth in Guidelines established by DOER, and conform to other terms required by
law and by the Local Governmental Body. The Contract shall include, but not be limited to, the
following provisions:
(1) A description of:
(a) each required Energy Conservation Measure;
(b) each water conservation measure; and
(c) each unit producing On-site Energy Generation, to be installed by the Contractor.
Such description shall include the cost of each measure or unit, the Energy Savings, or in the
case of On-site Energy Generation, the energy to be generated, and the method to be used to
measure and verify said Energy Savings or energy generated that conform to the most recent
standards established by the FEMP of the United States Department of Energy;
(2) All services and to be provided by the Contractor and the associated costs, including but not
limited to, operation and maintenance services, measurement and verification services, and costs
thereof, if applicable;
(3) The payment terms;
(4) The fixed Guaranteed Maximum Cost;
1/16/15
225 CMR - 166
19.06: continued
(5) The fixed minimum Guarantee of Savings or in the case of On-site Energy Generation the
Guarantee of Generation, measured in the appropriate unit of energy when compared with an
Established Baseline of previous fuel, energy, water and operating or maintenance costs,
including, but not limited to, future capital replacement expenditures avoided as a result of
equipment installed or services performed;
(6) The method to make the Local Governmental Body whole in the case of Guaranteed Savings
or Generation shortfall, to be determined annually; and
(7) A written guarantee of the Contractor that either the amount of Energy Savings guaranteed
shall be achieved or the Contractor shall reimburse the Local Governmental Body for the
shortfall amount. Methods for measurement and verification of Energy Savings shall conform
to the most recent standards established by the FEMP of the United States Department of Energy.
Payments under a contract for EMS may be based in whole or in part on any cost savings
attributable to a reduction in energy and water consumption due to the Contractor's performance
or revenues gained due to the Contractor's services which are aimed at energy and water cost
savings.
19.07: Contract Amendments
An EMS contract may be amended if it does not exceed the scope of the RFQ, and does not
violate the requirements established in M.G.L. c. 25A, § 11I, 225 CMR 19.00, and all other
applicable laws of the Commonwealth. The Local Governmental Body shall file a copy of a
contract amendment with DOER on or before ten Business Days before the effective date of the
applicable contract amendment.
19.08: Monitoring and Reporting Requirements
For the duration of the EMS contract term, the Local Governmental Body shall annually file
the EMS Annual Report with DOER utilizing the established Guidelines and ending with a final
report no later than 90 days after the contract termination date.
19.09: Enforcement; Complaint Processing Procedures; and Disputes
(1) Document Inspection. DOER may audit the accuracy of all information submitted under
225 CMR 19.00. The Department may request and obtain from any Local Governmental Body
or Contractor information that the Department determines necessary to monitor compliance with
and enforcement of 225 CMR 19.00.
(2) Audit and Site Inspection. Upon reasonable notice to a Local Governmental Body or
Contractor, DOER may conduct audits, which may include inspection and copying of records
and/or site visits, including but not limited to, all files and documents that DOER determines are
related to compliance with 225 CMR 19.00.
(3) DOER shall investigate any complaints of non-compliance with M.G.L. c. 25A, § 11I and
225 CMR 19.00 subject to the following procedures and requirements:
(a) Any person may file with DOER a complaint of non-compliance with the requirements
of M.G.L. c. 25A, §11I and 225 CMR 19.00.
(b) The complaint shall be in writing, mailed to the Commissioner and the relevant Local
Governmental Body, certified mail return receipt requested, and shall include the following
information:
1. the name, address, email address, and phone number of the person filing the
complaint;
2. the name of the entity about whom the complaint is filed;
3. a detailed description of the nature of the alleged non-compliance, including but not
limited to, all applicable dates, the applicable statutory and regulatory requirement(s)
allegedly violated, and names of any other persons involved in and aggrieved by the
non-compliance;
1/16/15
225 CMR - 167
19.09: continued
4. a statement demonstrating that the complaint has been brought to the attention of the
Local Governmental Body and describing all previous efforts to resolve or correct the
non-compliance with the Local Governmental Body; and
5. any supporting documentation.
(4) Upon receiving a written complaint which complies with the requirements established
in 225 CMR 19.09(3) or upon its own initiative, DOER shall conduct an investigation if it has
reasonable cause to believe a violation has occurred.
(5) DOER shall notify the Local Governmental Body or individual that is the subject of the
complaint of the alleged violation and the existence of the investigation within a reasonable
period of time.
(6) After giving such notice, DOER may:
(a) Contact the person filing the complaint to request additional information;
(b)
Request information, including existing documentation and verbal or written
explanations, from the Local Governmental Body regarding the complaint; and
(c) Contact other persons, including Responsive Offerors and the selected Contractor, to
seek additional information regarding the complaint. All persons including but not limited
to Responsive Offerors, Local Governmental Bodies, and Contractors, involved in the RFQ
procurement which is the subject of the complaint, shall comply fully with any such
investigation and provide such information as DOER may require.
(7) If DOER determines after its initial investigation that there has been no violation of
M.G.L. c. 25A, § 11I or 225 CMR 19.00, then DOER shall terminate the investigation and notify
the subject of the complaint of its finding, in writing.
(8) If DOER determines after its initial investigation concludes that there is evidence to support
its investigative conclusion that a violation occurred, DOER shall conduct a hearing under
801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. The hearing shall
determine whether there was a violation of M.G.L. c. 25A, § 11I or 225 CMR 19.00.
(9) If, after a hearing, there is a finding that a violation did occur, the Commissioner may order:
(a) Immediate and future compliance with M.G.L. c. 25A, § 11I or 225 CMR 19.00;
(b) Any specific action to correct the violation;
(c) Nullification of any actions taken, including issued RFQs, or executed contracts; or
(d) Other appropriate action.
(10) DOER may forward its findings and any order to the Attorney General or Inspector
General for further investigation.
(11) The Commissioner may seek enforcement of any Order issued under 225 CMR 19.00 in
the Superior Court of Suffolk County.
(12) The decision of the Local Government Body regarding the selection of a Contractor shall
be final and not subject to appeal except on the grounds of fraud or collusion.
19.10: Waivers
(1) The Commissioner of DOER may grant a waiver from one or more provisions or
requirements of 225 CMR 19.00 upon written request of a Local Governmental Body and a
showing of special or exceptional circumstances or need, provided that such written request shall
at a minimum meet the following conditions:
(a) The waiver request must be in writing, signed by the Chief Executive Officer, or a
designee, of the Local Governmental Body, specifying the provisions of 225 CMR 19.00 to
be waived;
(b) The written waiver request must be mailed to the Commissioner by certified mail, return
receipt requested;
1/16/15
225 CMR - 168
19.10: continued
(c) The waiver request must provide a detailed explanation of why the waiver should be
granted, including all documentation supporting the special circumstances or need for such
waiver including all information and documentation required by DOER; and
(d) The waiver request must include a statement that the Local Governmental Body has
made a good faith effort to comply with the applicable requirements of 225 CMR 19.00.
(2)
Any waiver granted by the Commissioner of DOER shall not relieve the Local
Governmental Body from any responsibility or obligation to comply with the other provisions
of 225 CMR 19.00 or any other requirement of law.
19.11: Severability
If any section of 225 CMR 19.00 is declared or found to be illegal, unenforceable or void,
Local Governmental Bodies shall be relieved of all obligations under that section only, and all
other sections shall remain in full force and effect.
225 CMR 19.00: M.G.L. c. 25A, § 11I.
1/16/15
225 CMR - 169
NON-TEXT PAGE
1/16/15
225 CMR - 170
Docket #
Regulation Filing
CHAPTER NUMBER:
301 CMR 41.00
CHAPTER TITLE:
Toxic or Hazardous Substance List
AGENCY:
Companies that use large quantities of toxic or hazardous chemicals annually report the use of these
chemicals to MassDEP. These regulations define the list of reportable chemicals and their reporting
threshold.
M.G.L Chapter 21I
AGENCY CONTACT:
Rich Bizzozero
ADDRESS:
EOEEA, 100 Cambridge Street, Suite 900, Boston, MA 02114
PHONE:
617-626-1080
None required
PUBLIC REVIEW -
November 20, 2014
51
77
FISCAL EFFECT -
No fiscal effect:
Businesses subject to reporting in the private sector are estimated to be
between 61 and 84 companies.
Historically, the number of private sector companies impacted decreases
after the inital reporting year as companies reduce chemical use and drop
There is no fiscal impact to the public sector to implement this regulation.
December 3, 2014
toxics use reduction; chemical; hazardous waste; toxics
PROMULGATION -
Amends existing regulations 301 CMR 41.00 Toxic or Hazardous Substance List to reflect changes to
the list of reportable substances, consistent with decisions/actions taken by the Administrative
Council on Toxics Use Reduction in calendar year 2014.
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Dec 4 2014
EFFECTIVE DATE:
1278
DATE:
01/16/2015
01/16/2015
Remove these pages:
246.5, 246.6
Insert these pages:
246.5, 246.6
12/31/2014
52
cm
301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
41.06: Higher Hazard Substances
(1) For calendar year reporting period 2008 and thereafter, those substances identified as
chemicals of special concern in 40 CFR Part 372.28 shall be designated as higher hazard
substances.
(2) For calendar year reporting period 2008 and thereafter, the following substances shall be
designated as higher hazard substances:
CAS #
79-01-6
7440-43-9
Chemical Name
Trichloroethylene
Cadmium
Cadmium Compounds
(3) For calendar year reporting period 2009 and thereafter, the following substance shall be
designated as a higher hazard substance:
CAS #
127-18-4
Chemical Name
Perchlorethylene
CAS #
50-00-0
Chemical Name
Formaldehyde
Hexavalent Chromium Compounds
(5) For calendar year reporting period 2014 and thereafter, the following substance shall be
designated as a higher hazard substance:
CAS #
75-09-2
Chemical Name
Methylene chloride
CAS #
Chemical Name
106-94-5
68-12-2
7664-39-3
1-Bromopropane
Dimethylformamide
Hydrogen fluoride
Cyanide compounds
41.07: Lower Hazard Substances
(1) For calendar year reporting period 2009 and thereafter, the following substances shall
be designated as lower hazard substances:
1/16/15
CAS #
Chemical Name
78-83-1
78-92-2
71-36-3
Isobutyl alcohol
Sec-butyl alcohol
N-butyl alcohol
301 CMR - 246.5
301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
41.07: continued
designated as lower hazard substances:
CAS #
Chemical Name
123-86-4
110-19-0
7705-08-0
10028-22-5
7758-94-3
7720-78-7
7782-63-0
Butyl acetate
Isobutyl acetate
Ferric chloride
Ferric sulfate
Ferrous chloride
Ferrous sulfate
Ferrous sulfate
301 CMR 41.00: M.G.L. c. 21I, §§ 4 and 9.
1/16/15
301 CMR - 246.6
Docket #
Regulation Filing
CHAPTER NUMBER:
310 CMR 30.000
CHAPTER TITLE:
Hazardous Waste
AGENCY:
Changes to the underground storage tank provisions of the hazardous waste regulations at 310 CMR
30.000 to coincide with the new underground storage tank regulations at 310 CMR 80.00.
M.G.L. c. 21C, M.G.L. c. 21O
AGENCY CONTACT:
Jenny Outman
ADDRESS:
One Winter Street, Boston, MA 01460
PHONE:
617-654-6586
Prior notification on January 27, 2014 to Local Government Advisory Commission, DPH, EOEEA, MA
Environmental Policy Act Office, DPU, MA Municipal Association.
PUBLIC REVIEW -
March 11, 12, 13, 18, and 20, 2014
53
605
FISCAL EFFECT -
None
None
No fiscal effect:
December 2, 2014
Hazardous waste
Underground storage tanks systems
PROMULGATION -
Amend 310 CMR 30.000
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Dec 22 2014
DATE:
01/16/2015
EFFECTIVE DATE:
1278
01/16/2015
Remove these pages:
37, 38
1015, 1016
1189 - 1198
Insert these pages:
37, 38
1015, 1016
1189 - 1198
12/22/2014
54
cm
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Table of Contents
Page
310 CMR 60.00:
AIR POLLUTION CONTROL FOR MOBILE SOURCES
2301
Section 60.01:
Section 60.02:
General Regulations to Prevent Air Pollution
Massachusetts Motor Vehicle Emissions Inspection and
Maintenance Program
U Conformity to the State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded
or Approved Under Title 23 U.S.C. or the Federal Transit Act
MB City of Cambridge Vehicle Trip Reduction Program
Global Warming Solutions Act Requirements for the Transportation
Sector and the Massachusetts Department of Transportation
2301
Section 60.03:
Section 60.04:
Section 60.05:
2301
2325
2357
2363
2401
310 CMR 70.00:
ENVIRONMENTAL RESULTS PROGRAM CERTIFICATION
2461
Section 70.01:
Section 70.02:
Section 70.03:
Section 70.04:
Purpose and Authority
Definitions
Compliance Certification Requirements
Violations of 310 CMR 70.00
2461
2461
2462
2465
310 CMR 71.00:
INDUSTRIAL WASTEWATER REGULATIONS FOR
PHOTO PROCESSORS
2485
Section 71.01:
Section 71.02:
Section 71.03:
Section 71.04:
Section 71.05:
Section 71.06:
Section 71.07:
310 CMR 72.00:
Section 72.01:
Section 72.02:
Section 72.03:
Section 72.04:
Section 72.05:
Definitions
Applicability
Performance Standard for Photo Processors and Printers With
Equivalent POTW Permits
Performance Standard for Photo Processors and Printers Without Equivalent POTW Permits That Discharge or Ship Industrial
Wastewater to a POTW
Supplemental Requirements for Photo Processors and Printers
Compliance Certification for Photo Processors and Printers
2485
2485
2486
2486
2486
2487
2489
INDUSTRIAL WASTEWATER STANDARD FOR DRY
CLEANERS
2511
Definitions
Applicability
Performance Standard for Dry Cleaners
Compliance Certification for Dry Cleaners
2511
2511
2511
2511
2513
310 CMR 73.00: AMALGAM WASTEWATER AND RECYCLING
REGULATIONS FOR DENTAL FACILITIES
2515
Section 73.01:
Section 73.02:
Section 73.03:
Section 73.04:
Section 73.05:
Section 73.06:
Section 73.07:
2515
2515
2516
2516
2517
2517
2517
1/16/15
Definitions
Applicability
Amalgam Separator Requirements
Operational Standards
Recordkeeping.
Compliance Certification Requirements for Dental Facilities
310 CMR - 37
Table of Contents
Page
310 CMR 74.00: REMOVAL AND RECYCLING OF MERCURY-ADDED
COMPONENTS IN VEHICLES
Section 74.01:
Section 74.02:
Section 74.03:
Section 74.04:
Section 74.05:
Section 74.06:
Section 74.07:
Section 74.08:
Section 74.09:
Definitions
Applicability
Requirements for the Removal of Mercury-added Components
Before Crushing
Prohibition on the Sale of Mercury-added Switches in Vehicles
Plans for Proper Removal, Recovery, and Recycling of Mercuryadded Switches from End-of-life Vehicles
Measuring Recycling of Mercury-added Vehicle Switches
Recordkeeping
Submittal of Compliance Certifications and Reports to the
Department
2519
2519
2519
2520
2520
2521
2521
2522
2523
2523
310 CMR 75.00: COLLECTION AND RECYCLING OF MERCURY-ADDED
PRODUCTS
2525
Section 75.01:
Section 75.02:
Section 75.03:
Section 75.04:
Section 75.05:
Section 75.06:
Section 75.07:
Section 75.08:
2525
2525
2526
2527
2529
2532
2532
2535
Definitions
Applicability
Plans for Collecting and Recycling Mercury-added Products
Public Education Plan for Mercury-added Lamps
Ban on Sales and Distribution of Mercury-added Products
Exemptions from the Sales and Distribution Ban
Labeling of Mercury-added Products and Notification to Purchasers
310 CMR 76.00: DISPOSAL PROHIBITION OF MERCURY-ADDED
PRODUCTS IN SOLID WASTE
2539
Section 76.01:
Section 76.02:
Section 76.03:
Section 76.04:
Section 76.05:
2539
2539
2540
2540
2541
Definitions
Applicability
Disposal Requirements
Management of End-of-life Mercury-added Products
2543
310 CMR 80.00: UNDERGROUND STORAGE TANK (UST) OPERATOR
TRAINING
2561
GENERAL PROVISIONS
Section 80.01:
Section 80.02:
Section 80.03:
Section 80.04:
Section 80.05:
Section 80.06:
Section 80.07:
Section 80.08:
Section 80.09:
Section 80.10:
Section 80.11:
Section 80.12:
Section 80.13:
1/2/15
Authority
Purpose
Definitions
Applicability
Rules of Construction
Computation of Time
Accurate and Timely Submittals to the Department and Record
Keeping
Accurate and Complete Record Keeping
Accurate Monitoring
Duty to Provide Information
Submittals to the Department
Presumption of Irreparable Harm
Department Access to UST Facilities and Records
2562
2562
2562
2567
2569
2570
2570
2570
2570
2570
2571
2571
310 CMR - 38
30.251: continued
(4) Waste oil and used oil fuel shall not be blended, mixed, commingled, or otherwise treated
with any other hazardous waste identified or otherwise described in 310 CMR 30.100 unless
such blending, mixing, commingling, or other treatment is done in compliance with either
(a) 310 CMR 30.240 and a Class B(2) recycling permit issued pursuant to 310 CMR
30.240, or
(b) 310 CMR 30.290 and a Class C recycling permit issued pursuant to 310 CMR 30.290,
or
(c) all provisions of 310 CMR 30.000 other than 310 CMR 30.200
30.252: General Provisions Governing Waste Oil that is not Used Oil Fuel
(1) Except as provided in 310 CMR 30.252(2) and (3), waste oil that is not used oil fuel shall
be managed either:
(a) as hazardous waste fuel (if it is hazardous waste fuel) in compliance with 310 CMR
30.240; or as
(b) regulated recyclable material if recycled in some manner other than being burned for
energy recovery, in compliance with 310 CMR 30.220 and 310 CMR 30.212(8), or as
(c) waste oil or hazardous waste in compliance with 310 CMR 30.201, 30.250, and all
provisions 310 CMR 30.000 other than 310 CMR 30.200.
(2) Except as otherwise provided in 310 CMR 30.252, Remediation Wastes, Remedial Waste
Water, Soil, and Sediment, as defined in 310 CMR 40.0000, that contain used or unused waste
oil, and that are not otherwise a hazardous waste pursuant to 310 CMR 30.120 through 30.136,
generated as the result of a response action pursuant to 310 CMR 40.0000, as defined in 310
CMR 40.000, shall be managed pursuant to 310 CMR 30.000 as a hazardous waste with a waste
code of MA01.
(a) Such Remediation Waste, Remedial Waste Water, Soil, and Sediment that are subject
to the requirements of M.G.L. c. 21E and 310 CMR 40.0000 may be managed by the
generator in compliance with the requirements of 310 CMR 40.0030, and the receiving
facility's permit issued pursuant to 310 CMR 30.000 or 310 CMR 19.00 rather than as MA01
hazardous waste.
(b) Such Remediation Waste, Remedial Waste Water, Soil, and Sediment that are subject
to the requirements of M.G.L. c. 21E and 310 CMR 40.0000 may be managed by the
generator in compliance with the requirements of 310 CMR 40.0030 and transported to an
out-of-state facility permitted for the receipt of such wastes rather than as MA01 hazardous
waste.
(c) Such Remediation Waste, Remedial Waste Water, Soil, and Sediment generated at an
out-of-state response action may be shipped to a Massachusetts receiving facility as a nonhazardous waste provided such management is in compliance with the facility's permit issued
pursuant to 310 CMR 30.000 or 310 CMR 19.00, and the requirements of the state of
generation.
(d) Notwithstanding any provision of 310 CMR 30.252, the Department may require, in
order to protect the public health, safety, and welfare, or the environment, any Remediation
Waste, Remedial Waste Water, Soil, or Sediment subject to the provisions of 310 CMR
30.252 to be managed, stored, transported, treated or disposed of as a hazardous waste.
(e) For any Uncontainerized Hazardous Waste, as defined in 310 CMR 40.0000, no
provision of 310 CMR 30.252(2) shall limit the ability of the Department to require
compliance, pursuant to 310 CMR 40.0031(3), with all or portions of the requirements of
310 CMR 30.000, including but not limited to those of 310 CMR 30.200 or 310 CMR
30.800.
(3) Notwithstanding the provisions of 310 CMR 30.252(1), unused waste oil that is to be reused
for the original purpose for which it was produced with no other processing than separation from
a non-hazardous material at the site of generation or at a facility licensed pursuant to 310 CMR
30.800 is not a waste if it is sold or otherwise transferred as a commercial product.
(4) The separation of waste oil from a non-hazardous waste or non-hazardous material at the
site of generation is not treatment and does not require a license pursuant to 310 CMR 30.800.
The sludge from such a process is either a hazardous waste or wastewater or both and shall be
subject to regulation as such.
1/16/15
310 CMR - 1015
30.252: continued
(5) Waste oil that is subject to the provisions of 310 CMR 30.104(2)(g) shall be deemed to be
generated when it is accumulated or stored by a generator who is subject to 310 CMR 30.060
through 30.064, including, without limitation, a generator described in 310 CMR 30.353(8).
30.253: Generator Standards Governing Waste Oil and Used Oil Fuel
(1) All generators of waste oil and all generators of used oil fuel:
(a) shall be subject to 310 CMR 30.301(1) and (2).
(b) shall comply with 310 CMR 30.302.
(c) may sell or otherwise transfer custody or possession of such waste oil only to a
transporter in compliance with 310 CMR 30.304.
(d) may sell or otherwise transfer custody or possession of off-specification used oil fuel
(specification used oil fuel is subject to 310 CMR 30.222) only to a transporter in compliance
with 310 CMR 30.304.
(e) may sell or otherwise transfer such waste oil, or contract to sell or otherwise transfer
such waste oil, or cause or allow such waste oil to be transported off the site of generation,
only to a facility described in 310 CMR 30.305.
(f) may sell or otherwise transfer off-specification used oil fuel (specification used oil fuel
is subject to 310 CMR 30.222), or contract to sell or otherwise transfer off-specification used
oil fuel, or cause or allow off-specification used oil fuel to be transported off the site of
generation, only to either:
1. a facility described in 310 CMR 30.305, or
2. a facility that has a Class B(3) permit pursuant to 310 CMR 30.268, or
3. a marketer authorized pursuant to 310 CMR 30.255.
(g) may accumulate or store waste oil or used oil fuel in an underground tank only if the
tank is installed, designed, constructed, operated, and monitored in compliance with the
applicable requirements of 310 CMR 80.00: Underground Storage Tank Systems.
(2) Any process at the site of generation which separates waste oil from a non-hazardous waste
does not constitute treatment. Such activity shall be conducted in such a way as to prevent the
release of waste oil into the environment.
(3) A generator of waste oil or of used oil fuel who is a "marketer" is also subject to, and shall
comply with, 310 CMR 30.255.
(4) A generator of waste oil or of used oil fuel who burns waste oil or used oil fuel is also
subject to, and shall comply with, 310 CMR 30.256.
(5) A generator subject to 310 CMR 30.253 may obtain dual status if hazardous waste as well
as waste oil and/or used oil fuel are generated or accumulated on-site. A generator of hazardous
waste that is also subject to 310 CMR 30.253 shall determine its status with respect to such
hazardous waste pursuant to the generator requirements of 310 CMR 30.300. (See 310 CMR
30.340(1); 30.351(1) and (2); and 30.353(1) and (2).) A generator of hazardous waste may
exclude waste oil and/or used oil fuels from the hazardous waste status calculations in 310 CMR
30.300 provided these regulated recyclable materials are counted towards a generator’s status
with respect to waste oil and/or used oil fuels as follows:
(a) A generator is a Very Small Quantity Generator of waste oil and/or used oil fuels if that
generator:
1. does not generate in a calendar month 100 kg or more of such regulated recyclable
materials; and
2. does not accumulate a total quantity of 1,000 kg or more of any regulated recyclable
material, hazardous waste, or combination of hazardous waste and regulated recyclable
material, including waste oil and/or used oil fuels.
(b) A generator is a Small Quantity Generator of waste oil and/or used oil fuels if that
generator:
1. does not generate in a calendar month 1,000 kg or more of such regulated recyclable
materials; and
2. does not accumulate a total quantity of 6,000 kg or more of any hazardous waste,
regulated recyclable material, or combination including waste oil and/or used oil fuels.
1/16/15
310 CMR - 1016
30.691: continued
(2) Tank systems, including sumps, that serve as part of a secondary containment system to
collect or contain releases of hazardous waste are exempted from the requirements of 310 CMR
30.694.
30.692: Assessment of Existing Tank System's Integrity
(1) For each existing tank system that does not have secondary containment meeting the
requirements of 310 CMR 30.694, the owner or operator shall determine that the tank system is
not leaking and does not pose a threat of release of hazardous waste to the environment. By no
later than June 1, 1989, the owner or operator shall obtain a written assessment that has been
reviewed and certified by a Massachusetts registered professional engineer, in accordance with
310 CMR 30.009, and that attests to the system's integrity. Once obtained, this assessment shall
be kept on file at the facility until the facility has been closed pursuant to 310 CMR 30.699.
(2) This assessment shall correctly determine that the tank system is adequately designed and
has sufficient structural strength and compatibility with the waste(s) to be stored or treated, to
ensure that it will not collapse, rupture, or fail. In addition, the assessment shall correctly
demonstrate that a minimum shell thickness has been maintained at all times to ensure sufficient
shell strength. At a minimum, this assessment shall consider the following:
(a) Design standard(s), if available, according to which the tank and ancillary equipment
were constructed;
(b) The design of the tank, including, without limitation, the foundation, structural support,
seams, and pressure controls;
(c) Hazardous characteristics of the waste(s) that have been or are intended to be, handled;
(d) Existing corrosion protection measures;
(e) Documented age of the tank system, if available (otherwise, an estimate of the age);
(f) A soil corrosion survey as described in 310 CMR 30.693(1)(c);
(g) The width, height, and materials of construction of the tank, and the specific gravity of
the waste that has been, and is intended to be, placed in the tank, in establishing minimum
shell thickness; and
(h) Results of a leak test, internal inspection, or other tank integrity examination such that
1. For non-enterable underground tanks, the assessment shall include a leak test method
that has been approved by the State Fire Marshal and that is capable of taking into
account the effects of temperature variations, tank end deflection, vapor pockets, and
high water table effects. Such a leak test must have an accuracy equal to or greater than
0.1 gallons per hour for detecting leakage from the tank with a probability of detection
of 0.99 and a probability of false positive of 0.01. As the state of the art of the
technology for testing underground tanks improves, the Department may specify that a
test with an accuracy of better than 0.1 gallons per hour be used; and
2. For other than non-enterable underground tanks and for ancillary equipment, this
assessment shall include a leak test in compliance with 310 CMR 30.692(2)(h)1., or other
integrity examination, that is certified by a Massachusetts registered professional
engineer in accordance with 310 CMR 30.009, that addresses leaks, cracks, corrosion,
and erosion. (Note: The practices described in the American Petroleum Institute (API)
Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, Atmospheric and
Low-Pressure Storage Tanks, 4th edition, 1981, may be used, where applicable, as
guidelines for conducting other than a leak test.)
(3) Owners or operators of tank systems in which are stored or treated materials that are
classified as hazardous waste, pursuant to amendments to 310 CMR 30.000, that take effect on
or after June 1, 1989, shall conduct and complete this assessment within 12 months after the date
on which the materials became a hazardous waste.
1/16/15
310 CMR - 1189
30.692: continued
(4) If, as a result of the assessment conducted in accordance with 310 CMR 30.692(2)(h), a tank
system is found to be leaking or to pose a threat of release to the environment, the owner or
operator must comply with the requirements of 310 CMR 30.697.
(5) Until such time as secondary containment in compliance with 310 CMR 30.694 is provided,
all existing tank systems shall comply with the following:
(a) For non-enterable underground tanks, a leak test that meets the requirements of 310
CMR 30.692(2)(h)1. must be conducted at least once every 12 months;
(b) For other than non-enterable tanks, an integrity assessment in compliance with 310
CMR 30.692(2)(h)1. or 2. must be conducted at least once every 12 months;
(c) For all existing tanks:
1. The owner or operator shall maintain accurate daily inventory records and shall check
such records for indication of possible leakage from each tank. Inventory shall be based
on the actual daily measurement and recording of tank liquid levels and the daily
recording of a material balance for wastes entering and exiting the tank. Measurements
shall be taken on all days except days (e.g., Sundays, holidays) when facility business is
not transacted. The inventory records shall include a daily computation of gain or loss.
All records shall be made part of the operating record of the facility and shall be kept at
the facility, readily available to the personnel of the Department for inspection until the
facility has been closed pursuant to 310 CMR 30.699.
2. With the license application, the owner or operator shall submit a proposed test for
determining whether any gain or loss of material in the tank system shall be considered
a statistically significant gain or loss for any one (daily) material balance or series of
material balances (e.g., the running balance for a weekly period). Upon approval by the
Department, this test for statistical significance shall be made a condition of the license;
3. If the inventory control program required by 310 CMR 30.692(5)(c)1. indicates a
statistically significant gain or loss of material as determined in compliance with 310
CMR 30.692(5)(c)2., the owner or operator shall comply with 310 CMR 30.697.
4. If the Department determines in writing that it is infeasible for the owner or operator
to comply with the inventory control program specified in 310 CMR 30.692(5)(c), the
Department may specify in writing an alternate leak detection program.
30.693: Design and Installation of New Tank Systems or Components
(1) Owners or operators of new tank systems or components shall obtain and submit to the
Department, at the time information is submitted to the Department pursuant to 310 CMR
30.099(6) and 310 CMR 30.802, 310 CMR 30.099(7) and (8), or 310 CMR 30.850, a written
assessment, reviewed and certified by an independent, qualified, registered professional engineer,
in accordance with 310 CMR 30.009, attesting that the tank system has sufficient structural
integrity and is acceptable for the storing and treating of hazardous waste. The assessment shall
show that the foundation, structural support, seams, connections and pressure controls (if
applicable) are adequately designed and that the tank system has sufficient structural strength,
compatibility with the waste(s) to be stored or treated, and corrosion protection to ensure that it
shall not collapse, rupture, or fail. This assessment be used by the Department, but which the
Department will not be limited to considering, to determine the acceptability of the tank system
design, must include, at a minimum, the following information:
(a) Design standard(s) according to which the tank(s) and/or ancillary equipment are
constructed.
(b) Hazardous characteristics of the waste(s) to be handled.
(c) For new tank systems or components in which the external shell of a metal tank or any
external metal component of the tank system will be in contact with the soil or with water,
a determination by a corrosion expert of
4/1/94
310 CMR - 1190
30.693: continued
1. Factors affecting the potential for corrosion, including but not limited to:
a. Soil moisture content;
b. Soil pH;
c. Soil sulfides level;
d. Soil resistivity;
e. Structure to soil potential;
f. Influence of nearby underground structures (e.g. piping);
g. Existence of stray electric current;
h. Existing corrosion protection measures (e.g. coating, cathodic protection); and
2. The type and degree of external corrosion protection that are needed to ensure the
integrity of the tank system during the use of the tank system or component, consisting
of one or more of the following
a. Corrosion-resistant materials of construction such as special alloys, fiberglass
reinforced plastic, etc.;
b. Corrosion-resistant coating (such as epoxy, fiberglass, etc.) with cathodic
protection (e.g. impressed current or sacrificial anodes); and
c. Electrical isolation devices such as insulating joints, flanges, etc.
(NOTE - Practices in providing corrosion protection for tank systems are published in the
National Association of Corrosion Engineers (NACE) standard, Recommended Practice
(RP-02-85) - Control of External Corrosion on Metallic Buried, Partially Buried, or
Submerged Liquid Storage Systems, and the American Petroleum Institute (API) Publication
1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.)
(d) For underground tank system components that are likely to be adversely affected by
vehicular traffic, a determination of design or operational measures that will protect the tank
system against potential damage; and
(e) Design considerations to ensure that:
1. Tank foundations will maintain the load of a full tank;
2. Tank systems will be anchored to prevent flotation or dislodgement where the tank
system is placed within ten feet of a saturated zone; and
3. Tank systems will withstand the effects of a frost heave.
(2) All tanks installed on or after October 15, 1983 must be equipped with a means (e.g.
manhole) for an individual to enter for inspection.
(3) The owner or operator of a new tank system shall ensure that proper handling procedures
shall be adhered to in order to prevent damage to the system during installation. Prior to
covering, enclosing, or placing a new tank system or component in use, a Massachusetts
registered professional engineer who is trained and experienced in the proper installation of tank
systems or components shall inspect the system for the presence of weld breaks, punctures,
scrapes of protective coatings, cracks, corrosion, or other structural damage or inadequate
construction/installation. All discrepancies shall be remedied before the tank system is covered,
enclosed, or placed in use.
(4) New tank systems or components that are placed underground and that are backfilled must
be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and
that is installed so that the backfill is placed completely around the tank and compacted to ensure
that the tank and piping are fully and uniformly supported.
(5) All new tanks and ancillary equipment must be tested for tightness pursuant to 310 CMR
30.692(2)(h)1. prior to being covered, enclosed, or placed in use. If a tank system is found not
to be tight, all repairs necessary to remedy the leak(s) in the system must be performed before
the tank system is covered, enclosed, or placed into use.
1/16/15
310 CMR - 1191
30.693: continued
(6) Ancillary equipment must be supported and protected against physical damage and
excessive stress due to settlement, vibration, expansion, or contraction.
(7) The owner or operator must provide the type and degree of corrosion protection
recommended by an independent corrosion expert, based on the information provided in 310
CMR 30.693(1)(c), or other corrosion protection if the Department believes that other corrosion
protection is necessary to ensure the integrity of the tank system during use of the tank system.
The installation of a tank system that is field fabricated must be supervised by an independent
corrosion expert to ensure proper installation.
(8) There shall be a rebuttable presumption that the Department should not license the storage
or treatment, in an underground tank, of acutely hazardous waste identified or described in 310
CMR 30.136. Without limiting the generality of 310 CMR 30.810 through 30.813, the owner
or operator may rebut this presumption by persuading the Department that there are no feasible
alternatives to the storage or treatment of acutely hazardous waste in an underground tank (e.g.,
by showing that another permitting authority requires that the waste be stored or treated
underground).
(9) No portion of an underground tank storing or treating hazardous waste shall be placed at or
below the probable high groundwater level, as determined pursuant to 310 CMR 30.675, unless
the owner or operator takes suitable measures, approved by the Department, which shall
minimize the potential for corrosion or collapse of the tank and prevent flotation of the tank in
the event that the tank is emptied.
(10) The owner or operator must obtain written statements by those persons required to certify
the design of the tank system and supervise the installation of the tank system in accordance with
the requirements of 310 CMR 30.693(3), (4), (5), (6), and (7), that attest that the tank system was
properly designed and installed and that repairs pursuant to 310 CMR 30.693(3) and (5), were
performed. These written statements must be in compliance with 310 CMR 30.009. Once
obtained, these statements shall be kept on file at the facility until the facility has been closed
pursuant to 310 CMR 30.699.
30.694: Containment and Detection of Releases
(1) In order to prevent the release of hazardous waste or hazardous constituents into the
environment, secondary containment that meets the requirements of 310 CMR 30.694 must be
provided except as provided in 310 CMR 30.694(6):
(a) For all new tank systems or components, before they are put into service;
(b) For all existing tank systems which are, or are intended to be, used to store
polyhalogenated aromatic hydrocarbons or the hazardous waste no. F023, or located in an
interim Zone II, or constructed of porous materials such as brick or concrete, by no later than
two years from June 1, 1989;
(c) For all existing tank systems in which the tank is single-walled, bare steel, and
cathodically unprotected, before the tank system reaches ten years of age, or by no later than
two years from June 1, 1989, whichever comes later;
(d) For those tank systems referred to in 310 CMR 30.694(1)(c) for which the age cannot
be documented, by no later than three years from June 1, 1989; but if the age of the facility
is greater than seven years, secondary containment shall be provided before the facility
reaches ten years of age, or by no later than two years from June 1, 1989, whichever comes
later;
(e) For all other existing tank systems, when they reach 15 years of age, or by no later than
two years from June 1, 1989, whichever comes later;
(f) For those tank systems referred to in 310 CMR 30.694(1)(e) for which the age cannot
be documented, by no later than eight years from June 1, 1989; but if the age of the facility
is greater than seven years, secondary containment shall be provided by the time the facility
reaches 15 years of age, or by no later than two years from June 1, 1989, whichever comes
later; and
4/1/94
310 CMR - 1192
30.694: continued
(g) For tank systems in which are stored or treated materials that are classified as hazardous
waste pursuant to 310 CMR 30.000, on or after June 1, 1989, by no later than the time
intervals required in 310 CMR 30.694(1)(a) through (f), except that the date that a material
becomes a hazardous waste shall be used in place of the June 1, 1989 date set forth therein.
(2) Secondary containment systems must be:
(a) Designed, installed, and operated to prevent any migration of wastes or accumulated
liquid out of the system to the soil, groundwater, surface water, sewer system, or adjoining
property at any time during the use of the tank system; and
(b) Capable of detecting and collecting releases and accumulated liquids until the collected
material is removed.
(3) To meet the requirements of 310 CMR 30.694(2), secondary containment systems must be
at a minimum:
(a) Constructed of or lined with materials that are compatible with the waste(s) to be placed
in the tank system. Such material must have sufficient strength and thickness to prevent
failure owing to pressure gradients (including static head and external hydrological forces),
physical contact with the waste to which it is exposed, climatic conditions, and the stress of
daily operation (including stresses from nearby vehicular traffic);
(b) Placed on a foundation or base capable of providing support to the secondary
containment system, resistance to pressure gradients above and below the system, and
capable of preventing failure due to settlement, compression, or uplift; and
(c) Sloped or otherwise designed or operated to drain and remove liquids resulting from
leaks spills, or precipitation. Spilled or leaked waste and accumulated precipitation must be
removed from the secondary containment within 24 hours, or in as timely a manner as is
possible to prevent a threat to public health, safety, welfare, or the environment, if the owner
or operator can demonstrate to the Department that removal of the released waste or
accumulated liquid cannot be accomplished within 24 hours. If the collected material is
hazardous waste pursuant to 310 CMR 30.100, it shall be managed as hazardous waste in
compliance with 310 CMR 30.000.
(4) Secondary containment for all underground tanks must consist of either a double wall that
is:
(a) Designed as an integral structure (i.e. an inner structure completely enveloped within an
outer shell) so that any release from the inner tank is contained by the outer shell;
(b) Designed to prevent deterioration of the primary tank interior and of the external surface
of the outer shell; and
(c) Provided with a leak detection system that is designed and operated so that that it will
detect the failure of either the primary or secondary containment structure or the presence of
any release of hazardous waste or accumulated liquid in the secondary containment system.
Leak detection systems must be equipped with a visual or audible alarm to signal such a
failure or release.
(5) Secondary containment for aboveground tanks shall consist of:
(a) A double wall in compliance with 310 CMR 30.694(4)(a); or
(b) An external liner system that is:
1. Designed or operated to contain either 10% of the total possible contained volume
of the tanks or 110% of the volume of the largest single tank, whichever is greater.
Where two or more tanks are connected, the owner or operator shall make provisions for
shutting off the connection in the event of a release or threat of a release from the tank
system;
1/16/15
310 CMR - 1193
30.694: continued
2. Designed or operated to prevent run-on or infiltration of precipitation into the
secondary containment system unless the containment system has sufficient excess
capacity to contain run-on or infiltration. Such additional capacity must be sufficient to
contain precipitation from a 25-year, 24-hour rainfall event;
3. Provided with a continuous, impermeable interior coating or lining that is compatible
with the stored waste and that will prevent migration of the waste into the substrate
material;
4. Free of cracks or gaps; and
5. Designed and installed to surround the tank completely and to cover all surrounding
surface likely to come into contact with the waste if the waste is released from the tank(s)
(i.e., capable of preventing lateral as well as vertical migration of the waste); or
(c) A vault system that is:
1. In compliance with 310 CMR 30.694(5)(b)1. through 3.;
2. Constructed with chemical resistant water stops in place at all joints (if any);
3. Provided with a means to protect against the formation and ignition of vapors within
the vault, if the waste being stored or treated is ignitable or reactive as defined in
310 CMR 30.122 or 30.124;
4. Provided with an exterior moisture barrier or is otherwise designed or operated to
prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
(6) Ancillary equipment shall be provided with secondary containment (e.g., trench, jacketing,
double-walled piping) that meets the requirements of 310 CMR 30.694(2) and (3) except for any
of the following that are visually inspected for leaks on a daily basis:
(a) Aboveground piping (exclusive of flanges, joints, valves, and other connections);
(b) Welded flanges, welded joints, and welded connections;
(c) Sealless or magnetic coupling pumps and sealless valves; and
(d) Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess
flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off
devices).
30.695: General Operating Requirements
(1) Hazardous wastes and other materials (e.g., treatment reagents) which are incompatible with
the material of construction of the tank shall not be placed in the tank unless the tank is protected
from accelerated corrosion, erosion or abrasion through the use of:
(a) An inner liner or coating which is compatible with the hazardous waste or other material
and which is free of leaks, cracks, holes and other deterioration; or
(b) Alternate means of protection (e.g., cathodic protection or corrosion inhibitors).
(2) The owner or operator shall use appropriate controls and practices to prevent overfilling
(e.g., waste feed cut-off or by-pass system to standby tank).
(a) Controls to prevent overfilling (e.g., waste feed cut-off or by-pass system to standby
tank); and
(b) For uncovered tanks, maintenance of sufficient freeboard to prevent overtopping by
wave or wind action or by precipitation.
(3) Throughout the period of storage or treatment, each tank shall be clearly marked and
labelled in a manner which clearly identifies, in words, the hazardous waste(s) being stored or
treated in the tank (e.g., acetone, toluene) and the hazard(s) associated with the hazardous waste
(e.g., ignitable, toxic, dangerous when wet). Each tank shall also be marked clearly with the
words "Hazardous Waste".
(4) In the event of a release of hazardous waste from the tank system, the owner or operator
shall comply with 310 CMR 30.697.
(5) A tank holding hazardous waste shall always be closed during storage, except when waste
is being added or removed.
4/16/10
310 CMR - 1194
30.696: Inspections
(1) The owner or operator shall inspect:
(a) Controls to prevent overfilling (e.g., waste feed cut-off systems and by-pass systems to
a stand-by tank) at least once each operating day to ensure that such controls are in good
working order;
(b) Data gathered from monitoring equipment (e.g., pressure and temperature gauges),
where present, at least once each operating day to ensure that the tank is being operated
according to its design;
(c) The construction materials and the area immediately surrounding the externally
accessible portion of the tank system, including the secondary containment system (e.g.,
dikes), at least once daily, to detect erosion or signs of releases of hazardous waste (e.g., wet
spots, dead vegetation).
(2) The owner or operator must inspect cathodic protection systems, if present, according to,
at a minimum, the following schedule to ensure that they are functioning properly:
(a) The proper operation of the cathodic protection system must be confirmed within six
months after initial installation and annually thereafter; and
(b) All sources of impressed current must be inspected and/or tested, as appropriate, at least
bimonthly (i.e., every other month).
(3) The frequency of the comprehensive assessment required by 310 CMR 30.696(2) shall be
based on the material of construction of the tank, the type of corrosion or erosion protection used,
the rate of corrosion or erosion observed during previous inspections, and the properties of the
hazardous waste being treated or stored. The frequency of inspection shall also be based upon
any anticipated change(s) in the waste or properties of the waste(s) that will be treated or stored
throughout the tank's operating life and any impurities in a waste or mixture(s) of waste(s) which
may result in a deterioration rate different from one which would be projected using standard
corrosion charts and calculations.
(4) As part of the contingency plan required by 310 CMR 30.520 through 30.524, the owner
or operator shall specify the procedures he intends to use to respond to tank spills or leakage,
including procedures and timing for expeditious removal of leaked or spilled waste and for repair
of the tank.
(5) The owner or operator must document in the operating record of the facility an inspection
of those items in 310 CMR 30.696.
30.697: Response to Leaks or Spills and Disposition of Leaking Tank Systems
The owner or operator shall remove from service immediately a tank system or secondary
containment system from which there has been a leak or spill, or which poses a threat of release
to the environment and shall satisfy the following requirements:
(1) Cessation of Use; Prevent Flow or Addition of Wastes. The owner or operator shall
immediately stop the flow of hazardous waste into the tank system or secondary containment
system and determine the cause of the release.
(2) Removal of Waste from the Tank System or Secondary Containment System.
(a) If the release was from the tank system, the owner or operator shall within 24 hours of
the release or, if the owner or operator demonstrates that it is not possible, at the earliest
practicable time, remove as much of the waste as is necessary to prevent further release of
hazardous waste to the environment and to allow inspection and repair of the tank system to
be performed.
(b) If the material released was to a secondary containment system, the owner or operator
shall remove all released materials within 24 hours or in as timely a manner as possible to
prevent a threat to public health, safety, welfare, or the environment.
2/27/04
310 CMR - 1195
30.697: continued
(3) Containment of Visible Releases to the Environment. The owner or operator shall
immediately conduct a visual inspection of the release and, based upon that inspection:
(a) Prevent further migration of the leak or spill to soils or surface water; and
(b) Remove, and properly dispose of, any visible contamination of the soil or surface water.
(4) Notifications, Reports.
(a) The owner or operator shall report to the Department all releases or threats of releases
of hazardous wastes to the environment as soon as possible but not more than two hours after
obtaining knowledge thereof, and in compliance with 310 CMR 40.0000.
(b) For any hazardous waste not having a reportable quantity pursuant to 310 CMR 40.0000
the owner or operator shall report to the Department releases or threats of release exceeding
one pound in compliance with 310 CMR 30.697(4)(a).
(c) The owner or operator shall report to the local fire departments releases from tanks.
(d) Within seven days of the detection of a release to the environment, the owner or operator
shall submit to the Department's Division of Hazardous Waste a written report containing
the following information:
1. Likely route of migration of the release;
2. Characteristics of the surrounding soil (soil composition, geology, hydrology,
climate);
3. Results of any monitoring or sampling conducted in connection with the release (if
available). If sampling or monitoring data relating to the release are not available within
seven days, these data must be submitted to the Department as soon as they become
available;
4. Proximity to downgradient drinking water, surface water, and populated areas; and
5. Description of response actions taken or planned.
(5) Provision of Secondary Containment, Repair, or Closure.
(a) Unless the requirements of 310 CMR 30.697(5) are met, the owner or operator shall
close the tank system in compliance with 310 CMR 30.699.
(b) If the cause of the release was a spill that has not damaged the integrity of the system,
the owner or operator may return the system to service as soon as the released waste is
removed and repairs, if necessary, are made.
(c) If the cause of the release was a leak from the primary tank system into the secondary
containment system, the owner or operator shall repair the primary tank system prior to
returning the tank system to service.
(d) If the source of the release was a leak to the environment from a component of the tank
system without secondary containment, the owner or operator shall provide the secondary
containment for the component of the system from which the leak occurred. Such secondary
containment shall meet the requirements of 310 CMR 30.694 before the component of the
tank system may be returned to service, unless the source of the leak is an aboveground
portion of a tank system that can be inspected visually.
(e) If the source is an aboveground component that can be inspected visually, the owner or
operator shall repair and may return the component to service without secondary containment
provided that the requirements of 310 CMR 30.697(6) are met.
(f) If a component is replaced to comply with the requirements of 310 CMR 30.697(5)(d),
that component must meet the provisions of 310 CMR 30.693 and 30.694.
(g) If a leak has occurred in any portion of a tank system component that is not readily
accessible for visual inspection, (e.g., the bottom of an onground tank), the entire component
must be provided with secondary containment in accordance with 310 CMR 30.694 prior to
being returned to use.
1/16/15
310 CMR - 1196
30.697: continued
(6) Certification of Major Repairs. If the owner or operator has repaired a tank system in
accordance with 310 CMR 30.697(5), and the repair has been extensive (e.g., repair of a ruptured
primary containment or secondary containment vessel), the tank system must not be returned to
service unless the owner or operator has obtained a certification by a Massachusetts registered
professional engineer in accordance with 310 CMR 30.009 that the repaired system is capable
of handling hazardous waste without release for the intended life of the system. This
certification must be submitted to the Department within seven days after returning the tank
system to use.
30.698: Special Requirements for Ignitable, Reactive, and Incompatible Hazardous Wastes, and
Hazardous Wastes That Are Polyhalogenated Aromatic Hydrocarbons
(1) Ignitable or reactive waste shall not be placed in a tank unless:
(a) The waste is treated before or immediately after placement in the tank so that the
resulting waste is no longer ignitable or reactive hazardous waste pursuant to 310 CMR
30.122 or 30.124, and 30.560(3) is complied with; or
(b) The waste is stored or treated in such a way that it is protected from any material or
conditions which might cause the waste to ignite or react; or
(c) The tank is used solely for emergencies.
(2) The owner or operator of a facility which treats or stores ignitable or reactive waste in
covered tanks shall comply with the National Fire Protection Association's (NFPA) buffer zone
requirements in tables 2-1 through 2-6 of the Flammable and Combustible Code, 1981 and with
the tank location requirements of 527 CMR 1.05: Modifications to NFPA 1 - 2012 Edition.
(3) Incompatible hazardous wastes or materials incompatible with hazardous waste (see
310 CMR 30.561 for examples) shall not be placed in the same tank unless 310 CMR 30.560(3)
is complied with.
(4) Hazardous waste shall not be placed in an unwashed tank which previously held an
incompatible waste or material unless 310 CMR 30.560(3) is complied with.
(5) If tanks holding polyhalogenated aromatic hydrocarbons are to be located or used at the
facility, the following requirements, in addition to any other set forth in 310 CMR 30.000, shall
be complied with:
(a) Each such tank shall have a system designed and operated to detect and contain spills,
leaks, or other releases from each such tank. The Department may approve the design and
operation of such a system only if, after considering at least the following criteria, the
Department determines that such approval is in accordance with provisions set forth in
310 CMR 30.810 through 30.814.
1. the capacity of each such tank.
2. the volume and characteristics of the waste stored or treated in each such tank.
3. the method used for the collection of spills, leaks, or other releases from each such
tank.
4. the construction materials used for each such tank and for the system.
5. the method used to prevent precipitation and run-on from entering the system.
(b) The facility's contingency plan shall include the following:
1.
procedures for responding to spills or leaks of polyhalogenated aromatic
hydrocarbons into the containment system.
2.
procedures for removing polyhalogenated aromatic hydrocarbons from the
containment system.
3. procedures for repairing or replacing leaking tanks.
1/16/15
310 CMR - 1197
30.699: Closure and Post-closure Care
(1) At closure of a tank system, the owner or operator shall remove or decontaminate all waste
residues, contaminated containment system components, contaminated soils, and structures and
equipment contaminated with waste, and manage them as hazardous waste, unless the conditions
of 310 CMR 30.141 are met. The owner or operator shall be in compliance with all requirements
for a closure plan, closure activities, cost estimates for closure, and financial responsibility for
tank systems as set forth in 310 CMR 30.580, 30.590, and 30.900.
(2) If the owner or operator demonstrates that not all contaminated soils can be practicably
removed or decontaminated as required in 310 CMR 30.699(1), then the owner or operator shall
close the tank system and perform post-closure care in accordance with the closure and
post-closure care requirements that apply to landfills (310 CMR 30.633). In addition, for the
purposes of closure, post-closure, and financial responsibility, such a tank system is considered
to be a landfill, and the owner or operator shall meet all of the requirements for landfills
specified in 310 CMR 30.580, 30.590 and 30.900.
(3) If an owner or operator has a tank system that does not have secondary containment that
meets the requirements of 310 CMR 30.694, then:
(a) The closure plan for the tank system shall include a plan for complying with 310 CMR
30.699(1) and a contingent plan for complying with 310 CMR 30.699(2).
(b) A contingent post-closure plan for complying with 310 CMR 30.699(2) shall be
prepared and submitted as part of the permit application.
(c) The cost estimates calculated for closure and post-closure care shall reflect the costs of
complying with the contingent closure plan and the contingent post-closure plan, if those
costs are greater than the costs of complying with the closure plan prepared for the expected
closure under 310 CMR 30.699(1).
(d) Financial assurance must be based on the cost estimates in 310 CMR 30.699(3)(c).
(e) For the purpose of the contingent closure and post-closure plans, such a tank system is
considered to be a landfill, and the owner or operator shall be in compliance with all
requirements for all of the closure, post-closure, and financial responsibility requirements for
landfills under 310 CMR 30.580, 30.590, and 30.900.
30.700: FACILITY LOCATION STANDARDS
310 CMR 30.701 through 30.799, cited collectively as 310 CMR 30.700, set standards for
the location of facilities subject to 310 CMR 30.800: Licensing Requirements and Procedures,
and establish restrictions for generators, transporters, universal waste handlers, and facilities
(whether licensed or operating pursuant to interim status) relating to the land disposal of
specified hazardous wastes.
30.701: Land Subject to Flooding
310 CMR 30.701 applies to all inland and coastal land subject to flooding. The provisions
that apply vary with the category of hazardous waste management unit and when the unit came
into existence. 310 CMR 30.701(6) (for new or expanding units) and 30.701(7) (for existing
units) apply to landfills, land treatment units, surface impoundments, waste piles and
miscellaneous units. 310 CMR 30.701(1) through (5) apply to all other treatment or storage
units.
(1) No active portion of a new storage or treatment facility which receives hazardous waste
from any off-site source shall be located within the boundary of land subject to flooding from
the statistical 100-year frequency storm.
(a) This boundary shall be determined by reference to the most recently available flood
profile data prepared pursuant to the National Flood Insurance Program (NFIP) for the city
or town within which the facility is proposed to be located. Said boundary, as so determined,
shall be presumed accurate. Whenever required by the Department, the owner or operator
shall submit such information with the license application to the Department. This
presumption may be overcome only by credible evidence, persuasive to the Department,
submitted by an independent Massachusetts registered professional engineer or other
professional competent in such matters.
4/16/10
310 CMR - 1198
Docket #
Regulation Filing
CHAPTER NUMBER:
310 CMR 70.00
CHAPTER TITLE:
Environmental Results Program Certification
AGENCY:
Changes to the environmental results program certification regulations at 310 CMR 70.00 to coincide
with the new underground storage tank regulations at 310 CMR 80.00.
M.G.L. c. 21O
AGENCY CONTACT:
Jenny Outman
ADDRESS:
One Winter Street, Boston, MA 01460
PHONE:
617-654-6586
Prior notification on January 27, 2014 to Local Government Advisory Commission, DPH, EOEEA, MA
Environmental Policy Act Office, DPU, MA Municipal Association.
PUBLIC REVIEW -
March 11, 12, 13, 18, and 20, 2014
55
606
FISCAL EFFECT -
None
None
No fiscal effect:
December 2, 2014
Environmental results program certification
Underground storage tanks systems
PROMULGATION -
Amend 310 CMR 70.00
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Dec 22 2014
DATE:
01/16/2015
EFFECTIVE DATE:
1278
01/16/2015
Remove these pages:
2461 - 2464
Insert these pages:
2461 - 2466
12/22/2014
56
cm
310 CMR 70.00:
ENVIRONMENTAL RESULTS PROGRAM CERTIFICATION
Section
70.01:
70.02:
70.03:
70.04:
Definitions
Compliance Certification Requirements
Violations
70.01: Purpose and Authority
(1) The purpose of 310 CMR 70.00 is to provide for the protection of public health, safety,
welfare and the environment by requiring Environmental Results Program (ERP) facilities or
units to submit a performance based compliance certification to the Department.
(2) 310 CMR 70.00 is promulgated pursuant to the authority of M.G.L. c. 21, §§ 26 through 53
(the Massachusetts Clean Waters Act), M.G.L. c. 21A, §§ 2, 13 and 16, M.G.L. c. 21C (the
Hazardous Waste Management Act), M.G.L. c. 21H, §§ 6A through 6N (the Mercury
Management Act), M.G.L. c. 21O, § 4 (The Operation and Removal of Underground Storage
Tanks), M.G.L. c. 111, §§ 142A through 142M (the Massachusetts Clean Air Act) and
M.G.L. c. 111 § 150A (the Solid Waste Management Act).
70.02: Definitions
The definitions found in 310 CMR 70.02 are for use only in the compliance certification
requirements contained in 310 CMR 70.00 and are not intended to replace the definitions of
those terms in the underlying standards.
Certification means the certification form as prescribed by the Department pursuant to 310 CMR
70.03(2), which includes the certification statement requirements pursuant to 310 CMR 70.03(2).
Department means the Massachusetts Department of Environmental Protection.
Environmental Results Program (ERP) Facility or Unit means one of the following:
(a) a dry cleaner subject to 310 CMR 7.26(10) through (16);
(b) a photo processor subject to 310 CMR 71.00: Industrial Wastewater Regulations for
Photo Processors;
(c) a printer as defined in 310 CMR 7.26(22): Printer;
(d) a boiler subject to 310 CMR 7.26(30) through (37);
(e) an engine or combustion turbine subject to 310 CMR 7.26(40) through (44);
(f) a dental facility subject to 310 CMR 73.00: Amalgam Wastewater and Recycling
Regulations for Dental Facilities;
(g) an industrial user subject to 314 CMR 7.05(2)(g): Industrial Users;
(h) a new sewer extension of less than 1,000 feet in length subject to 314 CMR
7.05(1)(c): New Sewer Extensions of Less Than 1,000 Feet;
(i) a new sewer connection or any increase in flow to an existing sewer connection subject
to 314 CMR 7.05(1)(h): Other New Sewer Connections;
(j) an industrial wastewater holding tank subject to 314 CMR 18.00: Industrial Wastewater
Holding Tank and Container Construction, Operation, and Record Keeping Requirements.
(k) a scrap recycling facility, vehicle recycler or vehicle manufacturer subject to 310 CMR
74.00: Removal and Recycling of Mercury-added Components in Vehicles;
(l) a manufacturer of a mercury-added product subject to 310 CMR 75.00: Collection and
Recycling of Mercury-added Products;
(m) a manufacturer of mercury-added lamps subject to 310 CMR 75.00: Collection and
Recycling of Mercury-added Products; or
(n) an underground storage tank system subject to 310 CMR 80.00: Underground Storage
Tank (UST) Operator Training.
ERP Sector means all ERP facilities or units of one type.
Operator means the person responsible for the over-all operation of an ERP facility or unit.
1/16/15
310 CMR - 2461
70.02: continued
Owner means any person who has legal or equitable ownership, alone or with others, of an ERP
facility or unit, including, but not limited to, any agent, executor, administrator, trustee, lessee,
or guardian of the estate for the holder of legal title.
Person means any individual, partnership, corporation, syndicate, company, firm, association,
authority, department, bureau, trust or group including, but not limited to, a city, town, county,
the Commonwealth and its agencies, and the federal government.
Responsible Official is one of the following:
(a) For a corporation: a president, secretary, treasurer, or a vice-president of the corporation
in charge of a principal business function who has been duly authorized pursuant to a
corporate vote, or a representative of the corporation who has been duly authorized pursuant
to a corporate vote provided the representative is responsible for the overall operation of the
facility or unit;
(b) For a partnership: a general partner with the authority to bind the partnership or the
proprietor, respectively;
(c) For a sole proprietorship; the sole proprietor;
(d) For a municipality, state, federal, or other public agency including any legislatively
created authority, board, commission, district, etc.: either a principal executive officer or
ranking elected official who is empowered to enter into contracts on behalf of the
municipality or public agency.
Standards means those requirements listed in the certification form referred to in 310 CMR
70.03(2), including but not limited to 310 CMR 7.00: Air Pollution Control, 310 CMR 30.00:
Hazardous Waste, 71.00:
Industrial Wastewater Regulations for Photo Processors,
72.00: Industrial Wastewater Standard for Dry Cleaners, 73.00: Amalgam Wastewater and
Recycling Regulations for Dental Facilities, 74.00: Removal and Recycling of Mercury-added
Components in Vehicles, 75.00: Collection and Recycling of Mercury-added Products,
314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge
Permit Program, or 12.00: Operation and Maintenance and Pretreatment Standards for
Wastewater Treatment Works and Indirect Dischargers, requirements contained in NESHAP's
(40 CFR Part 61 Subparts, and Part 63) or NSPS's (40 CFR Part 60 Subparts) that have been
delegated to Massachusetts, and the terms and conditions of any permits issued pursuant to any
of those regulations.
70.03: Compliance Certification Requirements
(1) Schedule for Submission of Compliance Certification.
(a) The owner or operator of each ERP facility or unit shall submit a certification in
accordance with 310 CMR 70.03(2) and thereafter shall submit, as applicable, a periodic
compliance certification in accordance with the schedule set forth herein for the specific type
of ERP facility or unit.
(b) The owner or operator of each ERP facility or unit, except underground storage tank
systems subject to 310 CMR 80.00: Underground Storage Tank (UST) Operator Training,
shall submit a compliance certification in accordance with 310 CMR 70.03(1) and (2) within
60 days of:
1. the commencement of operation of a new ERP facility or unit; except for boiler(s)
subject to 310 CMR 7.26(30): U Boilers - Applicability that must submit a certification
in accordance with the schedule in 310 CMR 7.26(32): Certification;
2.
the recommencement of operation of an ERP facility or unit for which no
certification was submitted during the year prior to recommencement; except for boiler(s)
subject to 310 CMR 7.26(30): U Boilers - Applicability that must submit a certification
in accordance with the schedule in 310 CMR 7.02(3)(m): Reactivating an Inactive
Emission Unit; or
3. acquiring an ERP facility or unit unless exempted from this requirement pursuant to
314 CMR 7.17(1)(b).
1/16/15
310 CMR - 2462
70.03: continued
(c) If a periodic compliance certification is required, then the owner or operator of the ERP
facility or unit shall submit the compliance certification by the end of each certification
period unless a statement of non-applicability is submitted to the Department on a form
prescribed by the Department.
(d) Notwithstanding 310 CMR 70.03(1)(a) and (b), a photo processor holding a permit from
the Massachusetts Water Resources Authority pursuant to 360 CMR 10.000: Sewer Use is
deemed to hold the equivalent of an ERP certification and is not required to file a periodic
compliance certification pursuant to 310 CMR 70.00 and 71.00: Industrial Wastewater
Regulations for Photo Processors, but such a photo processor is required to pay an annual
compliance fee to the Department pursuant to 310 CMR 4.00: Timely Action Schedule and
Fee Provisions.
(e) A photo processor which is located in the service area of the Massachusetts Water
Resources Authority and which hauls or ships photo processing waste off-site is required to
file periodic compliance certifications pursuant to 310 CMR 70.00 and 71.00: Industrial
Wastewater Regulations for Photo Processors.
(f) Owners or operators of the following types of ERP facilities or units shall submit a
periodic compliance certification to the Department by September 15th of each year except
as provided in 310 CMR 70.03(h):
1. dry cleaners subject to 310 CMR 7.26(10) through (16);
2. photo processors subject to 310 CMR 71.00: Industrial Wastewater Regulations for
Photo Processors; and
3. printers subject to 310 CMR 7.26(20) through (29).
(g) The owner or operator of the following types of ERP facilities or units shall submit a
periodic or one-time compliance certification in accordance with the following schedules:
1. The owner or operator of a facility with boilers subject to 310 CMR 7.26(30): U
Boilers - Applicability shall submit a one-time certification in accordance with the
schedule set forth in 310 CMR 7.26(32): Certification.
2. The owner or operator of an industrial wastewater holding tank shall submit to the
Department a one-time certification in accordance with the schedule and conditions set
forth in 314 CMR 18.11: Holding Tank Decommissioning Requirements.
3. The owner or operator of a dental facility subject to 310 CMR 73.00: Amalgam
Wastewater and Recycling Regulations for Dental Facilities shall submit a certification
in accordance with the schedule and conditions referenced in 310 CMR 73.07:
Compliance Certification Requirements for Dental Facilities.
4. An industrial user subject to 314 CMR 7.05(2)(g): Industrial Users and discharging
to a non-IPP POTW, as defined in 314 CMR 7.00: Sewer System Extension and
Connection Permit Program, shall submit a certification in accordance with the schedule
and conditions set forth in 314 CMR 7.17(2): Industrial User Listed in 314 CMR
7.17(2)(c).
5. The initial owner or operator of a new sewer extension of 1,000 feet or less in length
subject to 314 CMR 7.05(1)(c) shall submit a one-time certification in accordance with
the schedule and conditions set forth in 314 CMR 7.17(1): Sewer Extension and Sanitary
or Industrial Wastewater Connection.
6.
An owner or operator of a new sewer connection subject to 314 CMR
7.05(1)(h): Other New Sewer Connections shall submit a one-time certification in
accordance with the schedule and conditions set forth in 314 CMR 7.17(1): Sewer
Extension and Sanitary or Industrial Wastewater Connection.
7. An owner or operator of an existing sewer connection with an increase in flow
subject to 314 CMR 7.05(1)(h): Other New Sewer Connections, shall submit a one-time
certification in accordance with the schedule and conditions set forth in 314 CMR
7.17(1): Sewer Extension and Sanitary or Industrial Wastewater Connection.
8. An owner or operator of an engine or combustion turbine subject to 310 CMR
7.26(40) through (44) shall submit a certification in accordance with the schedule and
conditions set forth in 310 CMR 7.26: Industry Performance Standards.
9. Scrap recycling facilities, vehicle recyclers and vehicle manufacturers subject to
310 CMR 74.00: Removal and Recycling of Mercury-added Components in Vehicles
shall submit certification forms in compliance with the applicable schedules and
conditions referenced in 310 CMR 74.09: Submittal of Compliance Certifications and
Reports to the Department.
1/16/15
310 CMR - 2463
70.03: continued
10.
Manufacturers of mercury-added products and lamps subject to 310 CMR
75.00: Collection and Recycling of Mercury-added Products shall submit certification
forms in compliance with the applicable schedules and conditions referenced in
310 CMR 75.04: Plans for Collecting and Recycling Mercury-added Products and
75.05: Public Education Plan for Mercury-added Lamps.
11. An Owner or Operator of an underground storage tank system subject to 310 CMR
80.00: Underground Storage Tank (UST) Operator Training shall submit a certification
in accordance with the schedule and conditions set forth in 310 CMR
80.34: Requirements for Compliance Certification.
(h) The Department may determine a schedule, less frequently than the schedule in
310 CMR 70.03(1)(f), for submission of periodic compliance certifications, based on the
following criteria:
1. the size, composition and activities of the ERP sector;
2. the quantity and types of (toxic) materials used and potential wastes, emissions and
discharges of the ERP sector;
3. the degree of compliance with established regulatory requirements by the ERP sector;
4. the degree of control over the environmental and public health aspects of activities
by the ERP sector; and
5. any other relevant information regarding the environmental consequences of the
periodic compliance certifications and return to compliance response rates and results
within the ERP sector.
The Department will notify the public and affected businesses by publishing a notice
in the Massachusetts Environmental Policy Act Monitor and may also notify an ERP
sector through industry trade associations, the Department's website and other
appropriate cost effective methods of changes in the ERP sector's certification schedule.
(2) Certification Statement. The Responsible Official for each ERP facility or unit shall submit
a compliance certification. Each compliance certification shall be on a form prescribed by the
Department and shall address compliance with standards to which the ERP facility or unit is
subject. The certification form may include specialized forms for specific categories of ERP
facilities or units, and any owner/operator required to submit a certification pursuant to 310 CMR
70.03 shall submit all applicable forms. The compliance certification shall:
(a) state whether the ERP facility or unit is in compliance with the applicable standards as
listed on the certification form;
(b) identify any violations that occurred and the date of such violations within the
certification period prior to the due date of the certification statement including, but not
limited to, any notifications required pursuant to M.G.L. c. 21E, § 7 and 310 CMR
40.0300: Notification of Releases and Threats of Release of Oil and Hazardous Materials;
Identification and Listing of Oil and Hazardous Materials (releases and threats of release of
oil and/or hazardous material), and any reporting of violations required pursuant to 310 CMR
7.02(6): Aggregated Emissions (air pollution control equipment failures), 314 CMR 12.03(8)
(emergency bypasses to sewer treatment works), 310 CMR 30.520: Basis for Tier
Classification (hazardous waste contingency plans) and the terms and conditions of any
permits issued by the Department; and
(c) state what the owner/operator will do to return to compliance and the date by which
compliance will be achieved; and
(d) include the following statement: "I, [name of responsible official], attest under the pains
and penalties of perjury:
1. that I have personally examined and am familiar with the information contained in
this submittal, including any and all documents accompanying this certification
statement;
2. that, based on my inquiry of those individuals responsible for obtaining the
information, the information contained in this submittal is to the best of my knowledge,
true, accurate, and complete;
3. that systems to maintain compliance are in place at the facility or unit and will be
maintained even if processes or operating procedures are changed; and
4. that I am fully authorized to make this attestation on behalf of this facility or unit.
I am aware that there are significant penalties, including, but not limited to possible fines
and imprisonment, for submitting false, inaccurate, or incomplete information."
1/16/15
310 CMR - 2464
70.04: Violations
(1) It shall be a violation of 310 CMR 70.00 for any person to:
(a) fail to submit a timely certification pursuant to 310 CMR 70.03;
(b) make any false, inaccurate, incomplete, or misleading statements in any certification
required pursuant to 310 CMR 70.03;
(c) make any false, inaccurate, incomplete or misleading statements in any record, report,
plan, file, log, or register which that person is required to keep pursuant to the applicable
standards;
(d) hold themselves out as a responsible official in violation of the requirements contained
in 310 CMR 70.03;
(e) fail to comply with the applicable standards; or
(f) violate any other provision of 310 CMR 70.00.
(2) The Department reserves the right to exercise the full extent of its legal authority, pursuant
to M.G.L. c. 21, §§ 26 through 53 (Massachusetts Clean Waters Act), M.G.L. c. 21A, §§ 2, 8,
13 and 16, M.G.L. c. 21C (Hazardous Waste Management Act), M.G.L. c. 21H, §§ 6A through
6N (the Mercury Management Act), M.G.L. c. 21H, § 8, M.G.L. c. 21O, § 4 (The Operation and
Removal of Underground Storage Tanks), M.G.L. c. 111, §§ 142A through 142M
(Massachusetts Clean Air Act), and M.G.L. c. 111, § 150A (Solid Waste Management Act), in
order to obtain full compliance with all requirements applicable to ERP facilities and units,
including but not limited to, criminal prosecution, fines, civil and administrative penalties, and
orders.
310 CMR 70.00: M.G.L. c. 21, §§ 26 through 53; c. 21A, §§ 2, 13 and 16; c. 21C, c. 21H,
§§ 6A through 6N (the Mercury Management Act), c. 21O § 4, and c. 111,
§§ 142A through 142M and 150A.
1/16/15
310 CMR - 2465
1/16/15
310 CMR - 2466
Docket #
Regulation Filing
CHAPTER NUMBER:
454 CMR 25.00
CHAPTER TITLE:
Occupational Safety and Health for State Workers
AGENCY:
Ensure that all Commonwealth employees are provided with a safe and healthful work environment
free from recognized hazards that may cause serious injury, physical harm or death. The regulation
applies to state employers, employees, and agencies as described in M.G.L. c. 149, section 6½. The
regulation describes the applicable provisions of the federal Occupational Safety and Health Act, and
sets out the authority for inspection and enforcement.
M.G.L. c. 149, § 6½,
AGENCY CONTACT:
Heather Rowe
ADDRESS:
19 Staniford Street, 2nd Floor, Boston, MA 02114
PHONE:
617-626-6973
Notice to the Department of Housing and Community Development and Massachusetts Municipal
Association, mailed on November 24, 2014
PUBLIC REVIEW -
December 29, 2014
57
68
FISCAL EFFECT -
No fiscal effect:
X
December 31, 2014
Occupational Safety and Health; OSHA; Inspection; Compliance; Posting;
Retaliation; Recordkeeping
PROMULGATION -
New regulation 454 CMR 25.00
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Jan 2 2015
DATE:
01/16/2015
EFFECTIVE DATE:
1278
01/16/2015
Remove these pages:
10.1, 10.2
423, 424
Insert these pages:
10.1, 10.2
423 - 426
01/02/2015
58
kr
454 CMR: DEPARTMENT OF LABOR STANDARDS
Table of Contents
Page
454 CMR 24.00: EMPLOYMENT AGENCY AND TEMPORARY WORKERS
RIGHT TO KNOW REGULATIONS (continued)
Section 24.12:
Section 24.13:
Section 24.14:
Section 24.15:
Section 24.16:
Section 24.17:
Section 24.18:
Section 24.19:
Section 24.20:
Section 24.21:
Section 24.22:
Unlawful Practices by Employment Agencies
Unlawful Practices by Staffing Agencies
Record-keeping Requirements
Limitations on Transportation Expenses Charged by Work Site
Employers and Agencies
Inspections Conducted by the Department
Complaints
Revocation, Suspension of License
Violations of the Employment Agency Statute: Civil Administrative
Penalty
Violations of the Temporary Workers Right to Know Law
Confidentiality
Severability
417
418
419
420
420
420
421
421
422
422
422
454 CMR 25.00: OCCUPATIONAL SAFETY AND HEALTH FOR STATE
WORKERS
423
Section 25.01:
Section 25.02:
Section 25.03:
Section 25.04:
Section 25.05:
Section 25.06:
Section 25.07:
Section 25.08:
Section 25.09:
Purpose and Scope
Applicable Standards
Inspections
Posting of Notice
Compliance
Retaliation
State Plan
Severability
423
423
423
424
424
425
425
425
425
453 CMR 26.00:
APPRENTICE TRAINING
427
Section 26.01:
Section 26.02:
Section 26.03:
Section 26.04:
Section 26.05:
Section 26.06:
Section 26.07:
Section 26.08:
Section 26.09:
Section 26.10:
Section 26.11:
Section 26.12:
Section 26.13:
Section 26.14:
Authority, Purpose, and Scope
Definitions
Eligibility and Procedure for Apprentice Program Registration
Standards for Apprentice Programs
Registration for Pre-apprentices and Pre-apprentice Programs
Registration of Apprentice Agreements
Program Performance Standards
Probation and Cancellation of Apprentice Agreements
Deregistration of a Registered Program
Reinstatement of Apprentice Program Registration
Complaints
Recordkeeping
Limitations of Regulations
Severability
427
427
430
432
435
435
437
437
437
439
439
439
440
440
454 CMR 27.00: MINIMUM WAGE
441
Section 27.01:
Section 27.02:
Section 27.03:
Section 27.04:
Section 27.05:
Section 27.06:
Section 27.07:
Section 27.07:
Section 27.08:
441
441
442
442
443
444
445
445
446
1/16/15
Purpose and Scope
Definitions
Minimum Wage and Overtime Rates
Hours Worked
Wage Payments and Deductions From Wages
Employer Minimum Wage Waivers
Notice and Recordkeeping
Penalties for Violations
Severability
454 CMR - 10.1
NON-TEXT PAGE
12/19/14
454 CMR - 10.2
454 CMR 25.00:
OCCUPATIONAL SAFETY AND HEALTH FOR STATE WORKERS
Section
25.01:
25.02:
25.03:
25.04:
25.05:
25.06:
25.07:
25.08:
25.09:
Purpose and Scope
Applicable Standards
Inspections
Posting of Notice
Compliance
Retaliation
State Plan
Severability
(1) Purpose. The purpose of 454 CMR 25.00 is to ensure that all Commonwealth employees
are provided with a safe and healthful work environment free from recognized hazards that may
cause serious injury, physical harm or death.
(2) Scope. 454 CMR 25.00 shall apply to employers, employees, and agencies as described in
M.G.L. c. 149, § 6½.
25.02: Applicable Standards
The standards set forth under the Occupational Safety and Health Act of 1970, 29 U.S.C.
c. 15, including the general duty clause under 29 U.S.C. § 654, and regulations at 29 CFR Parts
1903, 1904, 1910, and 1926 are incorporated by reference, and applicable to all places of
employment covered by 454 CMR 25.00.
Use of the terms construction, alteration, and repair, and other terms used in relation to the
construction of public works, shall not be narrower than the meanings set forth in M.G.L. c. 149,
§§ 26 through 27H.
25.03: Inspections
(1) The Department of Labor Standards (department) shall have the authority set forth in
29 CFR § 1903 to conduct inspections of all places of employment covered by M.G.L. c. 149,
§ 6½, including, but not limited to, the authority to:
(a) enter without delay and at reasonable times any place of employment where work is
performed by an employee or where there is reason to believe that a violation of safety or
health standard exists, and examine the methods of protection from accident, the means of
escape from fire, the sanitary provisions, the lighting and means of ventilation, and determine
what suitable safety devices or other reasonable means or requirements for the prevention of
accidents or industrial or occupational diseases shall be adopted or followed, and conduct
such investigations as the department may deem necessary;
(b) inspect and investigate during the employer's regular working hours and at other
reasonable times any place of employment and all pertinent conditions, structures, machines,
apparatus, devices, equipment and materials therein; and
(c) question privately any employer, owner, manager, agent or employee, and review all
records required by 29 U.S.C. c. 15 or 454 CMR 25.00 including, but not limited to, records
regarding:
1. Any claimed safety or health violation;
2. Work-related deaths, injuries and illnesses other than minor injuries which require
only first aid treatment and which do not involve medical treatment, loss of
consciousness, restriction of work or of motion, or transfer to another job;
3. Any potential safety or health hazard at any place of employment;
4. Employee exposure to potentially toxic materials or other harmful physical agents
which 454 CMR 25.00 requires to be monitored or measured; and
5. Any other employer activities relating to 29 U.S.C. c. 15.
1/16/15
454 CMR - 423
25.03: continued
(2) When an employer requires security clearances for entry into a particular area, the employer
shall provide appropriate clearances to the department. In the event the employer does not
control the security clearances, the employer shall make reasonable effort to obtain access for
the department.
(3) The inspection shall be conducted in such a manner as to preclude unreasonable disruption
of the employer's operations.
(4) Employees or employee representatives shall have the right to report unsafe and unhealthful
working conditions to the employer and/or to the department.
(5) The department shall direct inspections and questioning of persons. A representative of the
employer and a representative authorized by the employees shall be given an opportunity to
accompany the department during the physical inspection of any workplace, if it does not
interfere with the conduct of the inspection or present a safety or health hazard as determined in
the sole discretion of the department.
25.04: Posting of Notice
(1) (a) Each employer shall post and keep posted a notice or notices furnished by the
department, informing employees of the protections and obligations provided for in
M.G.L. c. 149, § 6½, and that for assistance and information, including copies of 29 U.S.C.
c. 15 and of specific safety and health standards, employees should contact the employer or
department. Such notice or notices shall be posted by the employer in each worksite and
facility in a conspicuous place or places where notices to employees are customarily posted.
Each employer shall take steps to insure that such notices are not altered, defaced, or covered
by other material.
(b) Reproductions or facsimiles of such federal or state posters shall constitute compliance
with the posting.
(2) Any employer failing to comply with the provisions of 454 CMR 25.04 shall be subject to
citation and penalty.
25.05: Compliance
(1) In exercising the authority set forth in 29 CFR § 1903, 1904, 1910, and 1926, the
department may take action and shall follow the procedures as set forth in 453 CMR 9.00: Civil
Administrative Penalties.
(2) If the department determines that an employer has violated a provision of 29 U.S.C. c. 15
or a safety or health standard or any rules promulgated under 29 U.S.C. c. 15 , the department
shall, within 180 days of the completion of inspection processes conducted by the department,
issue to the employer a written Order to Correct, which shall describe:
(a) The nature of each violation, including a reference to the provision of the section,
standard, regulation or order alleged to have been violated;
(b) The corrective action(s) to abate the violations; and
(c) An abatement date for each violation.
(3) The department shall provide written notification of any Order to Correct to the appropriate
agency head and personnel administrator.
(4) Before taking any action under 454 CMR 25.05(5), the department shall notify in writing
the appropriate agency head and personnel administrator and attempt to resolve the alleged
violation.
(5) The attorney general may bring a civil action for declaratory or injunctive relief to enforce
any order of the department or the attorney general.
1/16/15
454 CMR - 424
25.06: Record-keeping Requirements
All state agencies shall keep records concerning occupational injuries, illnesses, deaths, and
exposure to toxic materials in compliance with regulations promulgated under 29 U.S.C. c. 15,
as set forth in 29 C.F.R. Part 1904. The personnel administrator shall prescribe the
record-keeping mechanism state agencies shall use to keep such required records provided the
department has full access to the agency records.
25.07: Retaliation
(1) No person shall discharge or in any manner discriminate against any employee because the
employee has:
(a) Filed any complaint under or related to 29 U.S.C. c. 15;
(b) Instituted or caused to be instituted any proceeding under or related to 29 U.S.C. c. 15;
(c) Testified or is about to testify in any proceeding under or related to 29 U.S.C. c. 15; or
(d) Exercised on his own behalf or on behalf of others any right afforded by 29 U.S.C. c. 15.
(2) Any employee who believes that he or she has been discriminated against in violation of
454 CMR 25.07 may seek remedy in accordance with M.G.L. c. 149, § 185.
2508: State Plan
The department and the personnel administrator, in consultation with the occupational health
and safety hazard advisory board, may develop a State plan which provides an occupational
safety and health program for the protection of public employees for approval by the Assistant
Secretary of Labor for Occupational Safety and Health under 29 CFR § 1956.10.
25.09: Severability
The provisions of 454 CMR 25.00 are severable. If any provision or application thereof is
held to be invalid by a court of competent jurisdiction, such invalidity will be severed and will
not affect the remainder of 454 CMR 25.00.
454 CMR 25.00: M.G.L. c. 149, § 6½.
1/16/15
454 CMR - 425
NON-TEXT PAGE
1/16/15
454 CMR - 426
Docket #
Regulation Filing
CHAPTER NUMBER:
454 CMR 27.00
CHAPTER TITLE:
Minimum Wage
AGENCY:
Clarify practices and policies in the administration and enforcement of the Minimum Fair Wages Act.
The Minimum Wage Regulation has not been amended since April 25, 2003. Changes in the case law
and other statutes necessitate amendments to the regulation. The regulations will provide needed
clarification for employers and employees regarding overtime, deductions from wages, minimum wage
waivers, travel, and record-keeping.
M.G.L. c. 23, § 1; M.G.L. c. 151
AGENCY CONTACT:
Heather Rowe
ADDRESS:
PHONE:
617-626-6973
PUBLIC REVIEW -
December 29 and 30, 2014
59
67
FISCAL EFFECT -
No fiscal effect:
X
December 31, 2014
Minimum Wage; Overtime; Deductions; Travel; On-call; Uniforms; Waivers; Notice; Penalties;
Recordkeeping
PROMULGATION -
Promulgation of 454 CMR 27.00 in conjunction with repeal of 455 CMR 2.00
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Jan 2 2015
DATE:
01/16/2015
EFFECTIVE DATE:
1278
01/16/2015
Remove these pages:
_______
Insert these pages:
441 - 446
01/02/2015
60
mrs
454 CMR 27.00:
MINIMUM WAGE
Section
27.01:
27.02:
27.03:
27.04:
27.05:
27.06:
27.07:
27.07:
27.08:
Purpose and Scope
Definitions
Minimum Wage and Overtime Rates
Hours Worked
Wage Payments and Deductions From Wages
Employer Minimum Wage Waivers
Notice and Recordkeeping
Penalties for Violations
Severability
(1) Purpose. To clarify practices and policies in the administration and enforcement of the
Minimum Fair Wages Act.
(2) Scope. 454 CMR 27.00 applies to any employer who employs any person in an occupation
in accordance with M.G.L. c. 151.
27.02: Definitions
Basic Minimum Wage. The minimum wage rate in effect under M.G.L. c. 151, § 1 to be paid
to an employee in an occupation as defined in M.G.L. c. 151, § 2.
Bona Fide Educational Institution. A secondary school system or an institution of higher
education that has received accreditation from a recognized source.
Director. The Director of the Department of Labor Standards.
Employ. To suffer or permit to work.
Employer. An individual, corporation, partnership or other entity, including any agent thereof,
that employs an employee or employees for wages, remuneration or other compensation.
Minor. A person younger than 18 years old.
Regular Hourly Rate. The amount that an employee is regularly paid for each hour of work.
When an employee is paid on a piece work basis, salary, or any basis other than an hourly rate,
the regularly hourly rate shall be determined by dividing the employee’s total weekly earnings
by the total hours worked during the week. Regardless of the basis used, an employee shall be
paid not less than the applicable minimum wage each week.
The regular hourly rate shall include all remuneration for employment paid to, or on behalf
of, the employee, but shall not include:
(a) sums paid as commissions, drawing accounts, bonuses, or other incentive pay based on
sales or production; or
(b) sums excluded under 29 U.S.C. § 207(e).
Service Rate. The hourly rate an employer pays to a tipped employee, which may not be less
than the cash wage set forth in M.G.L. c. 151, § 7.
Tipped Employee. An employee who regularly receives gratuities of more than $20 a month.
Uniform. All special apparel, including footwear, which is worn by an employee as a condition
of employment. It shall be presumed that a uniform worn by an employee of any establishment
is worn as a condition of employment if the uniform is of similar design, color, or material, or
it forms part of the decorative pattern of the establishment to distinguish a person as an employee
of the place of work. Where an employer requires a general type of basic street clothing, permits
variation in details of dress, and the employee chooses the specific type and style of clothing, this
clothing shall not be considered a uniform.
1/16/15
454 CMR - 441
27.02: continued
Working Time. Includes all time during which an employee is required to be on the employer's
premises or to be on duty, or to be at the prescribed work site or at any other location, and any
time worked before or after the end of the normal shift to complete the work. Working time does
not include meal times during which an employee is relieved of all work-related duties. Working
time includes rest periods of short duration, usually 20 minutes or less.
27.03: Minimum Wage and Overtime Rates
(1) Basic Minimum Wage. At least the basic minimum wage in effect under M.G.L. c. 151, § 1
must be paid to an employee in an occupation as defined in M.G.L. c. 151, § 2, unless a lesser
wage is expressly permitted by law or a waiver of the basic minimum wage is granted in writing
by the Director in accordance with M.G.L. c. 151, § 7 or 9.
(2) Minimum Wage for Tipped Employees. The minimum wage rate for a tipped employee
may be comprised of both:
(a) the service rate paid by the employer; and
(b) tips actually received and retained by the employee. The sum of the service rate and the
tips received by the employee must equal or exceed the basic minimum wage. The service
rate shall be not less than the cash wage required to be paid to a tipped employee in
M.G.L. c. 151, § 7. An employer may pay the service rate to the employee only if:
1. the employer informs such employee in writing of the provisions of M.G.L. c. 151,
§ 7, paragraph three;
2. the employee actually receives tips in an amount which, when added to the service
rate, equals or exceeds the basic minimum wage; and
3. all tips received by the employee are either retained by him or her or are distributed
to him or her through a tip-pooling arrangement. If the employee is engaged in the
serving of food or beverages, a tip-pooling arrangement must conform with the
requirements of M.G.L. c. 149, § 152A. Unless all three of the foregoing requirements
are met, the employer must pay a tipped employee at least the full basic minimum wage.
(3) Overtime Rate. One and one half times an employee's regular hourly rate, such regular
hourly rate not to be less than the basic minimum wage, for work in excess of 40 hours in a work
week, except as set forth in M.G.L. c. 151, § 1A. The terms "bona fide executive, or
administrative or professional person" in M.G.L. c. 151, § 1A(3), and “professional service” in
M.G.L. c. 151, § 2, shall have the same meaning as set forth in 29 CFR Part 541.
Whether a nonexempt employee is paid on an hourly, piece work, salary, or any other basis,
such payments shall not serve to compensate the employee for any portion of the overtime rate
for hours worked over 40 in a work week, except that this limitation only applies to the “onehalf” portion of the overtime rate (one and “one-half” times an employee’s regular hourly rate)
when overtime is determined on a bona fide fluctuating workweek basis.
The overtime rate for a tipped employee receiving the service rate shall be computed at one
and one half times the basic minimum wage, except where exempted by M.G.L. c. 151, § 1A.
27.04: Hours Worked
(1) Reporting Pay. When an employee who is scheduled to work three or more hours reports
for duty at the time set by the employer, and that employee is not provided with the expected
hours of work, the employee shall be paid for at least three hours on such day at no less than the
basic minimum wage. 454 CMR 27.04 shall not apply to organizations granted status as
charitable organizations under the Internal Revenue Code.
(2) On-call Time. All on-call time is compensable working time unless the employee is not
required to be at the work site or another location, and is effectively free to use his or her time
for his or her own purposes.
(3) Sleeping Time and Working Shifts.
(a) An employee required to be on duty at the work site for less than 24 hours is working
even if the employee is permitted to sleep or engage in other personal activities when not
busy.
1/16/15
454 CMR - 442
27.04: continued
(b) Where an employee is required to be on duty at the worksite for 24 hours or more, the
employer and employee may agree in writing prior to performance of the work to exclude
bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than
eight hours from working time, provided the employer provides adequate sleeping quarters
and the employee can enjoy an uninterrupted period of sleep. If no prior written agreement
is made, sleeping time and meal time will constitute compensable working time. If the
sleeping period is interrupted by a call to duty, all time on duty must be counted as working
time. If the sleeping period is interrupted to such an extent that the employee cannot get a
reasonable period of sleep, the entire period must be counted as working time.
(c) If an employee resides on an employer's premises on a permanent basis or for extended
periods of time, not all time spent on the premises is considered working time. The employer
and the employee may make any reasonable written agreement as to hours worked which
takes into consideration all of the pertinent facts; provided, however, that the employee shall
be compensated for all time in which job-related duties are actually performed, and on-call
time shall be compensated in accordance with 454 CMR 27.04(2).
(4) Travel Time.
(a) Ordinary travel between home and work is not compensable working time.
(b) If an employee who regularly works at a fixed location is required to report to a location
other than his or her regular work site, the employee shall be compensated for all travel time
in excess of his or her ordinary travel time between home and work and shall be reimbursed
for associated transportation expenses.
(c) If an employer requires an employee to report to a location other than the work site or
to report to a specified location to take transportation, compensable work time begins at the
reporting time and includes subsequent travel to and from the work site.
(d) An employee required or directed to travel from one place to another after the beginning
of or before the close of the work day shall be compensated for all travel time and shall be
reimbursed for all transportation expenses.
(e) Travel that keeps an employee away from home overnight shall be compensated in a
manner consistent with 29 C.F.R. § 785.39.
27.05: Wage Payments and Deductions From Wages
(1) Deductions from Basic Minimum Wage. No deduction, other than those required or
expressly allowed by law, and those allowed for lodging and meals listed in 454 CMR 27.05(2)
and (3), shall be made from the basic minimum wage.
(2) Deductions for Lodging. An employer may deduct from the basic minimum wage of an
employee a sum per week as set forth in 454 CMR 27.05(2)(a) through (c) for lodging that is safe
and sanitary, and meets the standards for housing established by 105 CMR 410.000: Minimum
Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II), including heat,
potable water, and light. If an employee is paid less than the basic minimum wage for hours
worked in a week in accordance with a waiver under M.G.L. c. 151, § 7 or 9, a deduction for
lodging is not permitted.
A deduction for lodging is not permitted unless the employee voluntarily accepts and actually
uses the room. Deductions for lodging shall not be made by the employer unless the employer
has given the employee prior written notice describing the lodging, setting forth the amount to
be charged to the employee for the lodging, and providing notice that the employee’s acceptance
of the lodging is voluntary, and the employee has provided voluntary written acceptance of the
lodging and deductions.
Deductions for lodging shall not exceed the following rates.
(a) A sum not exceeding $35.00 per week for a room occupied by one person.
(b) A sum not exceeding $30.00 per week for a room occupied by two persons.
(c) A sum not exceeding $25.00 per week for a room occupied by three or more persons.
(3) Deductions for Meals. An employer may deduct from the basic minimum wage of an
employee the cost of meals, but not to exceed the amount per day set forth in 454 CMR 27.05(3).
If an employee is paid less than the basic minimum wage for hours worked in a week in
accordance with a waiver under M.G.L. c. 151, § 7 or 9, a deduction for meals is not permitted.
1/16/15
454 CMR - 443
27.05: continued
A deduction for meals is not permitted unless the employee voluntarily accepts and actually
receives the meal. Deductions for meals shall not be made by the employer unless the employer
has given the employee prior written notice describing the meal plan, setting forth the amount
to be charged to the employee for the meals, and providing notice that the employee’s acceptance
of the meals is voluntary, and the employee has provided voluntary written acceptance of the
meals and deductions.
The maximum deduction for meals per day shall be as follows: Breakfast, $1.50, Lunch,
$2.25; Dinner, $2.25.
(a) A deduction for one meal may be made from the wages of an employee working three
hours or more.
(b) A deduction for two meals may be made from the wages of an employee whose work
entirely covers two meal periods, or eight hours of work.
(c) A deduction for three meals may be made from the wages of an employee if lodging is
provided, or if special permission is granted by the Director.
(4) Uniforms. For employers requiring uniforms, the following shall apply:
(a) Where uniforms require dry-cleaning, commercial laundering, or other special treatment,
the employee shall be reimbursed for the actual costs of such service. Where uniforms are
made of "wash and wear" materials, that do not require special treatment, and that are
routinely washed and dried with other personal garments, the employer need not reimburse
the employee for uniform maintenance costs.
(b) No deposit shall be required by the employer from an employee for a uniform, except
by application granted by the Director.
(c) An employee or prospective employee who is required to purchase or rent a uniform
shall be reimbursed for the actual purchase or rental cost of the uniform.
(5) Indirect Deductions. An employer may not separately charge or bill an employee for fees
or amounts not allowed as deductions.
(6) Deductions and the Calculation of Overtime. Where deductions are made from an
employee's wages for meals or lodging, the employee's regular hourly rate used to calculate
overtime compensation shall be the employee's hourly rate before any deductions are made.
(7) Student Housing/Household Services. Notwithstanding any provision of 454 CMR 27.00
to the contrary, an employer may provide lodging and meals in the employer's home to an
employee who is a full-time student at a bona fide educational institution in exchange for
household services, provided that such household services do not exceed 16 hours of working
time per week in exchange for occupancy of a single room.
27.06: Employer Minimum Wage Waivers
(1) Student Workers.
(a) The Director may issue to any hospital or laboratory a waiver permitting payment of not
less than 80% of the basic minimum wage to students whose employment for wages is part
of a formal training program for such period of time as shall be fixed by the Director and
stated in the waiver.
(b) The Director may issue to any bona fide educational institution, a waiver permitting
payment of not less than 80% of the basic minimum wage, to students enrolled in and
employed by said institutions for such period of time as shall be fixed by the Director and
stated in the waiver.
(c) The Director may issue to any establishment which has been granted non-profit status
under the Internal Revenue Code a waiver permitting payment of not less than 80% of the
basic minimum wage to minors attending secondary school who work part-time in hospital
wards, school and college dining rooms and dormitories, where the ratio of one minor to five
adult persons working in these areas is maintained, for such period of time as shall be fixed
by the Director and stated in the waiver.
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454 CMR - 444
27.06: continued
(2) Special Certificate.
(a) No person whose earning capacity has been impaired may be paid less than the basic
minimum wage unless and until the employer obtains from the Director a special certificate
in accordance with the provisions of M.G.L. c. 151, § 9.
(b) The special certificate may be granted for a period not to exceed 24 months. The
employer must obtain a special certificate for each work site where the employer will assign
workers.
(c) The Director shall prescribe the application form and supporting documentation required
to obtain a special certificate permitting the employer to pay an employee with a disability
less than the minimum wage. A special certificate will not be issued unless the employer
submits a current Certificate Authorizing Special Minimum Wage Rates under the Fair Labor
Standard Act, § 214(c) issued by the U.S. Department of Labor, and all other documentation
the Director may require.
27.07: Notice and Recordkeeping
(1) Workplace Notice. Every employer shall post, in a place conspicuous to employees, a
workplace notice issued by the Commonwealth containing the basic minimum wage rates and
such other provisions of M.G.L. c. 151 and 454 CMR 27.00 as the law or the Director may
require. The workplace notice shall be posted in English, and in any other language that is
spoken by 5% or more of the employer’s workforce and for which a translated notice in that
language is available from the Commonwealth.
(2) Records. For each employee, the employer shall keep a true and accurate record of the
employee’s name, complete address, social security number, occupation, amount paid each pay
period, hours worked each day, rate of pay, vacation pay, any deductions made from wages, any
fees or amounts charged by the employer to the employee, dates worked each week, and such
other information as the Director or the Attorney General in their discretion shall deem material
and necessary. Such records shall be kept on file for at least three years after the entry date of
the record. Such records shall be maintained at the place of employment, at an office of the
employer, or with a bank, accountant or other central location within the Commonwealth. All
reports, schedules, books, records, and additional information that are filed or made available
to the Department or the Attorney General shall be certified under pains and penalties of perjury
as true, correct and accurate by the owner, chief financial officers, general counsel or chief
executive officer of the employer.
All such records must be kept and furnished to the Director or Attorney General upon
demand, in accordance with M.G.L. c. 151, §§ 3, 15 and 19(3). The term transcript, as used in
M.G.L. c. 151, §§ 3, 15 and 19(3), shall include photocopies, printouts of electronic information
and any reproduction of records, entries, or documents.
An employee who requests such records as they pertain to himself or herself shall be
provided with a copy within ten business days, and, if the employee so requests, shall be allowed
to inspect the original paper or electronic records at a reasonable time and place.
(3) Recording of Working Time. An employer may round an employee's starting and stopping
time to the nearest five minutes, one-tenth, or quarter of an hour provided that this manner of
computing working time averages out over a reasonable period of time so that an employee is
fully compensated for all the time he or she actually worked.
27.08: Penalties for Violations
Violation of any provision of 454 CMR 27.00 shall be subject to the penalties provided in
M.G.L. c. 151.
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454 CMR - 445
27.09: Severability
If any provision of 454 CMR 27.00 shall be held inconsistent with M.G.L. c. 151, or held
unconstitutional, either on its face or as applied, the inconsistency or unconstitutionality shall not
affect the remaining provisions of 454 CMR 27.00.
454 CMR 27.00: M.G.L. c. 23, § 1; M.G.L. c. 151.
1/16/15
454 CMR - 446
Docket #
Regulation Filing
CHAPTER NUMBER:
455 CMR 2.00
CHAPTER TITLE:
Minimum Wage
AGENCY:
Division of Minimum Wage
To clarify practices and policies in the administration and enforcement of the Minimum Fair Wages Act.
Repeal in conjunction with promulgation under new number, 454 CMR 27.00
M.G.L. c. 23, § 1; M.G.L. c. 151
AGENCY CONTACT:
Heather Rowe
ADDRESS:
PHONE:
617-626-6973
PUBLIC REVIEW -
December 29 and 30, 2014
61
48
FISCAL EFFECT -
No fiscal effect:
X
December 31, 2014
Repeal
PROMULGATION -
Repeal of 455 CMR 2.00 in conjunction with promulgation of 454 CMR 27.00
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Jan 2 2015
DATE:
01/16/2015
EFFECTIVE DATE:
1278
01/16/2015
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01/02/2015
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Docket #
Regulation Filing
CHAPTER NUMBER:
502 CMR 5.00
CHAPTER TITLE:
Permit and Inspection Requirements of Aboveground Storage Tanks of More
than Ten Thousand Gallons Capacity
AGENCY:
502 CMR 5.00 is adopted by the State Fire Marshal pursuant to M.G.L. c. 148, § 37 to provide uniform
requirements and procedures for the construction, maintenance and use of aboveground storage
tanks and related permit, inspection and record keeping requirements.
M.G.L. c. 148, s. 37
AGENCY CONTACT:
Peter A. Senopoulos, Deputy General Counsel
ADDRESS:
Board of Fire Prevention Regulations, c/o Department of Fire Services, P.O.
Box 1025 - State Road, Stow, MA 01775
PHONE:
978-567-3181
Executive Order 485 Approval: November 18, 2014
Executive Order 145 Notification: December 4, 2014
PUBLIC REVIEW -
December 17, 2014
63
10
FISCAL EFFECT -
No new fiscal impact
No fiscal effect:
December 26, 2014
- Tanks and Containers
- Aboveground Storage Tanks
PROMULGATION -
Amends 502 CMR 5.00
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Dec 29 2014
DATE:
01/16/2015
EFFECTIVE DATE:
1278
01/16/2015
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502 CMR: OFFICE OF THE STATE FIRE MARSHAL
Table of Contents
Page
(502 CMR 1.00:
RESERVED)
3
502 CMR 2.00:
PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL
OF REGULATIONS
5
Section 2.01:
Section 2.02:
Section 2.03:
502 CMR 3.00:
Scope and Purpose
Petitions for the Adoption, Amendment and Repeal of Regulations
Procedures to Handle Petitions for the Adoption, Amendment or
Repeal of Regulations
5
5
5
PROVISIONS FOR APPROVING UNDERGROUND STEEL
STORAGE TANK DISMANTLING YARDS
9
Section 3.01:
Section 3.02:
Section 3.03:
Purpose
Definitions
Application for Tank Yard
9
9
9
(502 CMR 4.00:
RESERVED)
502 CMR 5.00:
PERMIT AND INSPECTION REQUIREMENTS OF ABOVEGROUND STORAGE TANKS OF MORE THAN TEN
THOUSAND GALLONS CAPACITY
Section 5.01:
Section 5.02:
Section 5.03:
Section 5.04:
Section 5.05:
Section 5.06:
Section 5.07:
Section 5.08:
Section 5.09:
Section 5.10:
Section 5.11:
1/16/15
11
Scope and Purpose
Applicability
Definitions
Permit Requirements
Self-inspection and Related Record Keeping Requirements
Immediate Notification of the Marshal
Entry Upon the Premises
Compliance with Law and Regulation
Revocation, Suspension or Denial of a Permit
Tank Removal
Violations of M.G.L. c. 148, § 37 and 502 CMR 5.00
9
15
15
15
18
21
22
22
23
23
23
23
502 CMR - 1
NON-TEXT PAGE
9/1/93
502 CMR - 2
502 CMR 5.00:
PERMIT AND INSPECTION REQUIREMENTS OF ABOVEGROUND STORAGE
TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY
Section
5.01:
5.02:
5.03:
5.04:
5.05:
5.06:
5.07:
5.08:
5.09:
5.10:
5.11:
Scope and Purpose
Applicability
Definitions
Permit Requirements
Self-inspection and Use Permit Requirements
Immediate Notification of the Marshal
Entry Upon the Premises
Compliance with Law and Regulation
Revocation, Suspension or Denial of a Permit
Tank Removal
Violations of M.G.L. c. 148, § 37 and 502 CMR 5.00
5.01: Scope and Purpose
502 CMR 5.00 is adopted by the State Fire Marshal pursuant to M.G.L. c. 148, § 37 to
provide uniform requirements and procedures for the construction, maintenance and use of
aboveground storage tanks and related permit, inspection and record keeping requirements.
5.02: Applicability
(1) 502 CMR 5.00 shall apply to certain aboveground storage tanks with a gross capacity of
more than 10,000 gallons used for the storage of any fluid other than water.
(2) 502 CMR 5.00 shall not apply to:
(a) Open tanks such as clarifiers;
(b) Open tanks used for plating, dipping and quenching; and
(c) Oil/water separators.
5.03: Definitions
For the purpose of 502 CMR 5.00, the following terms shall have the meanings respectively
assigned to them. In the event there are any terms not defined in 502 CMR 5.03, default to
527 CMR: Board of Fire Prevention Regulations for additional definitions:
Abandoned. A tank out-of-service for a continuous period in excess of 60 months which has
been deemed unsafe and a threat to public safety by the Head of the Fire Department and the
Marshal.
Aboveground Storage Tank. A horizontal or vertical tank that is listed and intended for fixed
installation, without backfill, above or below grade and is used within the scope of its approval
or listing, including to the first appurtenance (valve or fitting) either on the shell, or immediately
after the shell. Mounded tanks shall be considered aboveground storage tanks. Abbreviated as
“AST”.
API. The American Petroleum Institute.
API 653 Inspector. A tank inspector in good standing and currently certified by API.
API Standard 510. The American Petroleum Institute Standard 510, Ninth Edition, June 2014,
incorporated by reference.
API Standard 650. The American Petroleum Institute Standard 650, Welded Tanks for Oil
Storage Tanks, Twelfth Edition.
1/16/15
502 CMR - 15
5.03: continued
API Standard 653. The American Petroleum Institute Standard 653, Fourth Edition, April 2009,
including addendums 1 through 3, incorporated by reference.
Approved Standard. A technical standard that has been proposed by the tank owner and
approved by the Marshal, which establishes the ongoing inspection, maintenance and record
keeping practices required to be followed for the life of the tank. Such standard is based upon
the type, design and usage of the particular aboveground storage tank regulated by 502 CMR
5.00 and is usually a standard that has been adopted by a nationally recognized standardization
body.
ASME. The American Society of Mechanical Engineers.
ASME Pressure Vessel Inspector. A tank inspector in good standing and currently certified by
the National Board of Boiler and Pressure Vessel Inspectors.
ASME RTP-1. Reinforced Thermoset Plastic Corrosion Resistant Equipment.
ASTM D 3299-88. Standard Specification for Filament-wound Glass-fiber-reinforced
Thermoset Resin Corrosion-resistant Tanks (1988 edition).
ASTM D 4097-88. Standard Specification for Contact-molded Glass-fiber-reinforced
Thermoset Resin Corrosion-Resistant Tanks (1988 edition).
Decommissioned Tank. A tank that is being taken out-of-service with no use or activity with the
intention of placing such tank back in service at a future date.
Engineer. A Massachusetts Registered Professional Engineer.
Fluid. A substance, either as a liquid or gas, that is capable of flowing and which changes shape
at a steady rate when acted upon by a force which changes its shape.
FRPI. Fiberglass Reinforced Plastics Institute.
FRPI SP9000. Standard Practice for Laminating Process (“Manufacturer”) Certification.
FRPI SP9000 Inspector. A tank inspector in good standing and currently certified by FRPI.
FRPI SP9100. Standard Practice for Laminate (“Equipment”) Certification.
Grade. The finished ground level adjoining the building, structure, or tank, at the exterior.
Where a tank is located within a vault, grade shall mean the bottom of the vault.
Head of the Fire Department. The head of the Fire Department or designee as defined in
M.G.L. c. 148, § 1.
Local Fire Department. The fire department having jurisdiction where the tank will be
constructed or is located.
Maintenance. The installation, removal, replacement or penetration of any shell plate, annular
plate ring material, tank bottom, roof or weld joint which involves the repair, replacement or
installation of any material with a dimension of greater than 12 inches or the jacking or
movement of any existing tank. Maintenance shall not include the routine painting or cleaning
or the removal of superficial oxidation incidental to such painting or cleaning or the dismantling
of a tank pursuant to a valid permit issued by the head of the fire department. Cutting a hole in
a tank to limit the amount of available storage is not considered maintenance.
1/16/15
502 CMR - 16
5.03: continued
Marshal. The State Fire Marshal or designee as defined in M.G.L. c. 148, § 1.
Mounded Tank. An ASME tank designed for underground service installed above the minimum
depth required for underground service and covered with earth, sand, or other material, or an
ASME tank designed for aboveground service, installed above grade and covered with earth,
sand, or other material.
Owner. A person, firm or corporation having legal ownership, control or operation of the
aboveground storage tank.
Permit. An authorization by the Marshal to either construct, maintain or use an aboveground
storage tank in accordance with 502 CMR 5.00 and MGL c. 148, § 37. Such permit shall be
required prior to conducting any of the following activities:
(a) Construction. To build or install a new aboveground storage tank.
(b) Maintenance. To modify or perform maintenance on an aboveground storage tank that
holds a valid Use Permit.
(c) Use. To use an aboveground storage tank for its permitted purpose.
(d) Decommission. The process of identifying and removing a tank from service such that
it cannot be filled or used for storage of any fluid other than water without a new permit
application.
Qualified Tank Inspector. An individual who has acquired one of the following qualifications
and performs inspections only within the scope of such qualification:
(a) Massachusetts Registered Professional Engineer.
(b) An API 653 Inspector.
(c) An SP001 AST Certified Tank Inspector.
(d) An ASME Pressure Vessel Inspector.
(e) An FRPI SP9000 and SP9100 Inspector.
(f) Alternative Qualified Inspector: a person who has not acquired the qualifications stated
in 503 CMR 5.03 Qualified Inspector(a), (b), (c), (d) or (e), but has met the minimum
qualifications established and approved by the Marshal.
SP001 AST Certified Tank Inspector. A tank inspector in good standing and currently certified
by STI/SPFA.
SP9000 Inspector. A tank inspector in good standing and currently certified by FRPI.
SP9100 Inspector. A tank inspector in good standing and currently certified by FRPI.
STI. Steel Tank Institute.
STI SP001. Standard for the Inspection of Aboveground Storage Tanks, 5th Edition.
Suitability Assessment. A written evaluation conducted by an Engineer, certifying that the tank
has been reviewed and determined to be in sound condition and acceptable to safely store the
intended product. Any findings, conditions, or recommendations associated with the tank’s use
shall be included in the report.
Surveyor. A Massachusetts Professional Land Surveyor.
Tank. A vessel designed for the storage of a fluid (gas or liquid).
Temporary. The use of an aboveground storage tank for use less than six months from the date
of installation.
Vaulted Tank. An enclosure consisting of four walls, a floor, and a top for the purpose of
containing a liquid storage tank and not intended to be occupied by personnel other than for
inspection, repair, or maintenance of the vault, the storage tank, or related equipment.
1/16/15
502 CMR - 17
5.03: continued
Water. A colorless, transparent, odorless, tasteless liquid that forms the seas, lakes, rivers, and
rain and is the basis of the fluid of living organisms and the disposal of which will not result in
the degradation of ground or surface water resources.
5.04: Permit Requirements
(1) General Provisions. Pursuant to M.G.L. c. 148, § 37, no person shall construct, maintain,
or use any aboveground storage tank of more than 10,000 gallons capacity, for the storage of any
fluid other than water, without first securing a permit therefore from the Marshal. A permit to
construct or perform maintenance on a tank may be issued by the Marshal only after a completed
application and supporting documents have been submitted, reviewed and approved in
accordance with 502 CMR 5.04. The permit may be issued with certain conditions or
contingencies.
(2) Application for a Permit to Construct a Tank. The applicant shall complete and submit to
the Marshal, at least 30 days in advance of the construction of such tank, the prescribed
construction permit application form, permit fee and the following documents, in triplicate:
(a) A plot plan certified by an Engineer or Surveyor. Said plot plan must clearly indicate
the following:
1. The existence of any nearby bodies of water, water courses, or public water supplies
within and adjacent to the property;
2. Proximity to any and all utility lines, cables or pipes within and adjacent to the
property, whether above or below ground level and whether active or inactive;
3. The existence of any public or private ways immediately adjacent to the property;
4. Existence of any nearby building(s) and/or AST(s);
5. All property boundaries;
6. The distance of the tank(s) to the property boundaries; and
7. Distance of tanks to potentially incompatible materials.
(b) A foundation/footing plan, which includes:
1. Construction details;
2. The dimensional details of the foundation;
3. The conclusions of the geotechnical investigation; and
4. Statement that the soil is capable to support the proposed foundation/footings.
(c) A dike plan (which may be included in the foundation plan) including:
1. Calculations showing volume of area;
2. Slope and height;
3. Top width (if applicable);
4. Floor and drainage;
5. Distance from other tanks both within the dike and within adjacent diked areas
including those of abutters;
6. The total combined gallon capacity;
7. The existence of intermediate diking; and
8. Any penetration of the dike wall.
(d) Mechanical drawings of the proposed tank indicating:
1. Whether the tank is field erected and/or shop fabricated;
2. The tank’s construction standard;
3. The dimensional details of the tank;
4. All openings in the tank;
5. The locations and description of all appurtenances on the tank;
6. Material of construction;
7. Tank orientation;
8. Tank support description; and
9. Pending construction certifications.
(e) For tanks containing a flammable gas, a fire safety analysis. The fire safety analysis
shall be conducted by means of an engineering evaluation and application of sound fire
protection and process engineering principles. The fire safety analysis shall include, but not
be limited to, the following:
1. Analysis of the fire and explosion hazards;
1/16/15
502 CMR - 18
5.04: continued
2. Analysis of emergency relief from the tank(s), taking into consideration the properties
of the materials used and the fire protection and control measures taken;
3. Analysis of local conditions, such as exposure to and from adjacent properties;
4. Analysis of the emergency response capabilities of the local fire department or
responding agency; and
5. Analysis of applicable requirements under reference flammable gas codes and
standards.
(f) A fire safety analysis may be required for any proposed tank containing any fluid where
the Marshal deems such an analysis is necessary for protection of life and property.
(g) If the proposed tank to be installed has been previously used, a detailed inspection,
investigation, and suitability assessment shall be conducted by an Engineer, concluding that
the proposed tank is fit to be re-used and such report shall state any conditions associated
with its reuse.
(h) The fire safety analysis, the suitability assessment and all foundation, mechanical and
dike plans shall be reviewed and sealed by an Engineer.
(i) A copy of the Manufacturer’s Data Report for Pressure Vessels, if applicable.
(j) A copy of the land license (M.G.L. c. 148, § 13) issued by the city or town, if storing
flammable or combustible products.
(k) A copy of the current Registration (M.G.L. c. 148, § 13) for the property, if storing
flammable or combustible products.
(l) The identification and declaration of the Approved Standard that will be used for the
installation and inspection of the tank for the remaining life of the tank.
(m) If pre-manufactured, the designer or installer of the tank shall provide to the owner, a
detailed list of inspection requirements under the applicable inspection standard and
502 CMR 5.00.
(3) Application for a Maintenance Permit.
(a) The applicant shall complete and submit to the Marshal, at least 30 days in advance of
the maintenance of such tank, the prescribed maintenance permit application form, permit
fee, and the following documents in triplicate:
1. A copy of the current use permit issued by the Marshal and permit issued by the head
of the fire department, if applicable;
2. Mechanical drawings of the existing tank;
3. Inspection report identifying failure mechanism, cause, and corrective action required
to assure safe reliable service;
4. Description of repair and, if applicable, procedures and mechanical drawings of the
proposed maintenance work to be conducted;
5. Name and address of the qualified person conducting the maintenance; and
6. Where applicable, evidence of the ASME code repair stamp.
(b) Emergency Repairs. Repairs made on an emergency basis as a result of an unexpected
tank or component failure may be conducted prior to the issuance of a permit if necessary to
avoid harm to persons, property or the environment. In such an emergency, the Marshal
shall be notified in writing as soon as reasonably possible of such emergency repairs. An
application for a maintenance permit shall be submitted to the Marshal in accordance with
502 CMR 5.00 within two business days after such an emergency.
(c) Application for a Permit for Maintenance Involving the Decommissioning of a Tank.
If the owner intends to take the tank out-of-service with the intention of placing such tank
back into service at a future date, the owner shall notify the Marshal and comply with the
following:
1. Notify the Marshal and declare the tank inactive and decommissioned;
2. Disconnect all associated piping from the tank, and cap all openings;
3. Secure the tank by bolting and locking all manways and valves;
4. Cap or plug all fill lines, gauge openings, or pump lines;
5. Completely remove all sludge, solids and residuals inside the tank;
6. Dispose of tank bottom sludge in accordance with state and federal regulations;
7. Rid the tank of vapors so an explosive atmosphere cannot exist; and
8. Atmospheric and emergency vents shall be left in proper working order.
1/16/15
502 CMR - 19
5.04: continued
(4) Application for a Permit to Change Use of a Tank. A permit to change the use of a tank
may be issued by the Marshal only after the prescribed application and any other supporting
documents have been submitted, reviewed, and approved by the Marshal.
Where a flammable or combustible liquid is stored, a permit is required for a change of use
between classes of liquids as defined in 527 CMR 1.00: Massachusetts Comprehensive Fire
Safety Code.
(5) Temporary Permit. If a tank will be in service for less than six months from the date of
installation, a permit for such temporary service, may be issued by the Marshal only after the
prescribed application and any other supporting documents have been submitted, reviewed and
approved by the Marshal.
(6) Final Review Testing and Issuance of the Use Permit. Upon completion of construction or
maintenance that is structural in nature, as the case may be, the tank shall be hydrostatically
tested in accordance with the Approved Standard filed with the Marshal. Where the Approved
Standard does not contain a test protocol, then the test shall be in accordance with the
requirements in 502 CMR 5.04. If water is not appropriate, a request must be filed with the
application to the Marshal identifying why the tank cannot be hydrostatically tested using water.
The request shall identify the nationally accepted standard and method proposed to test the tank.
A visual inspection is not an accepted method of testing. Tanks containing fluids of a cryogenic
nature or fluids that are lighter than water and have foundations designed for less than a water
test may be tested by an alternative means acceptable to the Marshal. Upon final satisfactory
review, inspection and test results, the Marshal may issue a use permit. Unless otherwise
specified, the use permit shall expire five years from the date of issuance.
(a) Special Requirements for the Testing of LP-gas Tanks. Testing of LP-gas tanks shall
comply with the provisions of 527 CMR 1.00: Massachusetts Comprehensive Fire Safety
Code and the following:
1. Upon completion of the tank, the tank shall be hydrostatically tested in accordance
with 502 CMR 5.04.
2. Within 48 hours of filling the tank with LP-gas, the tank shall be tested and comply
with 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code.
3. The tank shall be tested per 527 CMR 1.00: Massachusetts Comprehensive Fire
Safety Code for a second time within 30 days of the initial LP-gas filled tank test.
4.
If any test fails, the Marshal shall be notified and may set further testing
requirements.
(b) Application for a Use Permit for Tanks Installed Without a Permit. If the tank was
found to be installed without a permit from the Marshal prior to the issuance of a use permit:
a detailed inspection, investigation and suitability assessment shall be conducted by an
Engineer, concluding that the proposed tank is fit to be used, and such report shall state any
conditions associated with its use. Such suitability assessment shall be provided to the
Marshal.
1. If the tank was installed before January 1, 2000, the suitability assessment and an
affidavit from an Engineer confirming compliance with the applicable code at the time
of installation shall be provided to the Marshal.
2. If the tank was installed on or after January 1, 2000, an application to install, and
associated documentation, in accordance with 502 CMR 5.00 shall be submitted to the
Marshal.
(7) Administrative Provisions for Permits.
(a) Incomplete Applications for Permit. Incomplete permit applications will be rejected
without review. Subsequent applications may be subject to additional application fees.
Subsequent applications shall be submitted to the Marshal at least 30 days in advance of the
installation.
(b) The Marshal may waive the production of a requested document or may require the
production of supplemental documentation as a condition to issuing a permit.
1/16/15
502 CMR - 20
5.04: continued
(c) Permit Expiration. The subject tank work shall commence within six months from the
date the permit was issued and must be completed within one year of commencement. If the
work has not started or is not completed during the stated time periods, a permit shall be
deemed expired and a new permit shall be required, unless a written extension is granted by
the Marshal. Such an extension may be granted only if the applicant can demonstrate that
such a delay was not deliberate and that such delay will not cause potential harm to the
general public or the environment.
(d) Notification and Approval of Changes or Alterations. Prior to completion, the Marshal
shall be given written notification of any modifications to any details contained in the
original application submission. Any modifications shall be approved by the Marshal in
writing.
(e) Conference and Communications with the Marshal. An applicant may request a
conference with the Marshal prior to the application, commencement of any construction or
maintenance of any aboveground storage tank. In large projects, specific work phases
indicating stopping points and possible inspection may be discussed at the conference to
facilitate the process. If inspections are required during the construction, no work shall
continue on the next phase unless the Marshal has approved the previously completed phase.
(f) Additional Requirements. The Marshal may order the owner of any tank, in writing, to
meet additional requirements for that tank:
1. Where unusual conditions exist; or
2. When it is necessary for the protection of life and property.
5.05: Self-inspection and Use Permit Requirements
(1) General. Pursuant to M.G.L. c. 148, § 37 and as a condition to maintaining or renewing the
use permit issued by the Marshal, every aboveground storage tank subject to the requirements
of 502 CMR 5.00, shall be inspected in accordance with an Approved Standard by a Qualified
Tank Inspector. Inspections shall be made of the premises, tanks, dikes, and related equipment.
The Approved Standard associated with such inspection shall be approved by the Marshal.
(2) Use Permit Tank Inspection Requirements. As of January 1, 2015, any applicant for a
use permit during calendar year 2015 shall comply with the following:
1. Complete the inspection, notice and reporting requirements contained in 502 CMR
5.05(4). Said annual inspection shall be conducted in accordance with the standard that
has been used for the subject tank, as of January 1, 2014;
2. The owner shall propose, on a form prescribed by the Marshal, an Approved Standard
for each tank. Once approved by the Marshal, said Approved Standard shall establish the
inspection and maintenance requirements for the remaining life of the tank for the
purposes of compliance with 502 CMR 5.00.
(b) As of January 1, 2016, the Marshal will issue Use Permits every five years. The Use
Permits are issued contingent upon compliance with 502 CMR 5.05(4) and continued
adherence to the inspection and maintenance practices established in the Approved Standard.
(3) Upon review of the standard proposed under 502 CMR 5.05(2)(a)2., the Marshal reserves
the right to increase such frequency of inspections, as necessary, to protect the public safety. If
the owner chooses to alter an Approved Standard, an application must first be made to the
Marshal for the approval. The application shall include a comparison between the current
Approved Standard and the standard proposes for approval together with such other information
required by the Marshal.
(4) As a condition to the issuance or renewal of a Use Permit, the tank owner shall comply with
the following:
(a) A Qualified Tank Inspector must certify, on a form prescribed by the Marshal, that the
Qualified Tank Inspector has verified the inspections required under the Approved Standard
have been completed, such as, but not limited to; visual, internal inspections, ultrasonic
thickness inspections, and certified integrity inspections.
(b) A Qualified Tank Inspector shall conduct a thorough inspection of the aboveground
storage tank for compliance with 502 CMR 5.00 and certify that the tank can be used safely.
1/16/15
502 CMR - 21
5.04: continued
(c) At least 14 days prior to the date of the intended inspection for the Use Permit, the
Marshal shall be notified, in writing or by electronic means acceptable to the Marshal. The
notification shall include: the location, date and time of the inspection and the inspector’s
name and contact information. The Marshal shall be given the opportunity to observe or
participate in the inspection process.
(d) Upon inspection, the owner of a tank shall submit an AST inspection report on a form
provided or approved by the Marshal. The report shall contain an affirmation by the
recognized tank inspector that the facility was duly inspected, date of said inspection and a
statement that the premises, tanks, related equipment and dikes are in compliance with all
applicable regulations. The report shall be received no later than 14 days after the date of the
inspection.
(e) The Marshal may rely on the affirmations in the inspection report and, when satisfied
as to accuracy of the report and safety of the subject tank, may issue the use permit. Said
permit shall expire five years from the date of issuance, unless the terms and conditions are
modified by the Marshal.
1. The owner or operator of a tank shall schedule remediation arrangements to promptly
address any deficiencies on the inspection report within 30 days, unless an extension is
granted by the Marshal.
Such proposed schedule shall be submitted to, and approved by, the Marshal.
Updates on the scheduled remediation of the deficiencies shall be submitted to the
Marshal in accordance with the proposed schedule.
2. If any of the deficiencies on the inspection report are deemed a serious threat to
public health, safety or welfare or to the environment, the Marshal shall be notified
forthwith by the qualified tank inspector. The Marshal may require that the tank owner
or operator submit for approval a schedule of when the deficiencies will be remedied or
when it will be decommissioned.
(5) Inspections conducted by the qualified tank inspector under 502 CMR 5.06 shall not waive
the authority of the Marshal to conduct an independent inspection for the purpose of determining
tank safety or compliance with 502 CMR 5.00.
(6) Written Records. An accurate record for each tank shall be maintained in such form at least
equivalent to or greater than the inspection standards established in the Approved Standard.
Such record shall contain a history of all inspections, including the condition of all parts
inspected, and a record of all examinations and tests. Such record shall also include all data
accumulated on each tank, including a history of any repairs, alterations, replacements and
service. The person principally in charge of the tank facility shall sign each inspection record.
The records shall be kept at the storage facility or at another location readily available for
inspection by the Marshal. Such records shall be maintained for a period of five years beyond
the demolition of the tank. The records shall be subject to the inspection of the Marshal during
regular business hours. An electronic record keeping method is acceptable, as long as it meets
the requirements of this section for review and oversight.
5.06: Immediate Notification of the Marshal
The Marshal shall be immediately notified in writing upon the discovery of any leak or
hazardous condition (defect, injury) involving the tank, diking and/or appurtenance that could
create a serious threat to life safety or significant environmental damage.
5.07: Entry Upon Premises
Any applicant for, or holder of, any permit issued under the provisions of 502 CMR 5.00
shall be deemed to have consented to the entry of the Marshal upon the premises during regular
hours of operation for the purposes of determining whether the permit applicant, or holder, is
complying with the provisions of M.G.L. c. 148, 502 CMR 5.00, 527 CMR 1.00: Massachusetts
Comprehensive Fire Safety Code or any other related law or regulation, including inspection of
all required records.
1/16/15
502 CMR - 22
5.08: Compliance with Law and Regulation
Compliance with all federal and state laws and associated regulations, including but not
limited to, the provisions of M.G.L. c. 148, §§ 9, 13, 37; 502 CMR 5.00 and 527 CMR 1.00:
Massachusetts Comprehensive Fire Safety Code, regarding the design, construction, use and
maintenance of all aboveground storage tanks subject to 502 CMR 5.00, is a condition to the
issuance and continued effect of any permit or certification issued pursuant to 502 CMR 5.00.
5.09: Revocation, Suspension or Denial of a Permit or Qualified Tank Inspector
(1) The Marshal may suspend, revoke, or in the case of a new applicant, deny any permit issued
under 502 CMR 5.00 for any violation of or non-compliance with 502 CMR 5.00; 527 CMR
1.00: Massachusetts Comprehensive Fire Safety Code or any other related law, regulation,
written term, condition or policy related thereto and applicable to the permit holder. Any holder
of, or applicant for a permit, which has been denied, suspended, or revoked hereunder, may
request a hearing. Such request shall be made in writing to the Marshal within 14 days of receipt
of notice of denial, suspension, or revocation.
(2) If the Marshal reasonably believes that a tank or facility constitutes an immediate threat to
public health, safety or welfare, or to the environment, the Marshal may immediately, without
a prior hearing, order such action necessary to reduce said threat, including the immediate
suspension of the right to use a tank or facility. The owner or operator suspended under this
section may request a hearing by the Marshal in writing, but must do so within 14 days of receipt
of the notice of suspension.
5.10:
Tank Removal
The tank owner/operator must notify the Marshal within seven days of the tank’s removal,
dismantling or demolition on a form as prescribed by the Marshal.
5.11: Violations of M.G.L. c. 148, § 37 and 502 CMR 5.00
Violations of M.G.L. c. 148, § 37 and 502 CMR 5.00, including, but not limited to, the
installation of a tank without a permit are subject to criminal and/or non-criminal fines and
penalties as provided by law.
502 CMR 5.00: M.G.L. c. 148, § 37.
1/16/15
502 CMR - 23
NON-TEXT PAGE
1/16/15
502 CMR - 24
Docket #
Regulation Filing
CHAPTER NUMBER:
540 CMR 2.05
CHAPTER TITLE:
Motor Vehicle Regulations
AGENCY:
The general purpose of 540 CMR 2.05 is to establish standards and requirements for the registration
of motor vehicles. The proposed revisions to this section will set requirements for vehicles and
drivers who are used by Transportation network Companies (TNCs). The revision to the regulations
defines TNC; allows TNC vehicles to display passenger plats; requires the Department of Public
Utilities (DPU) to regulation TNCs; requires TNCs to obtain a certificate from the DPU in order to do
business in Massachusetts; requires TNCs and their drivers to carry appropriate liability insurance ;
sets standards for TNC drivers; requires TNCs to perform background checks on their drivers.
MGL Chapter 90
AGENCY CONTACT:
Jean Berke
ADDRESS:
10 Park Plaza, Suite 3510, Boston, MA 02116
PHONE:
857 368 8758
N/A
PUBLIC REVIEW -
December 31, 2014
65
889
FISCAL EFFECT -
Unknown
Unknown
No fiscal effect:
December 31, 2014
Personal Transportation Network Vehicle
Transportation Network Company
Transportation Network Company Driver
Transportation Network Company Services
PROMULGATION -
540 CMR 2.05 is amended by adding sections 4 1/2(a)-(d) and
4 3.4 (a)- (e).
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Jan 2 2015
DATE:
01/16/2015
EFFECTIVE DATE:
1278
01/16/2015
Remove these pages:
1, 2
7 - 10.2
Insert these pages:
1, 2
7 - 10.4
01/02/2015
66
mrs
540: REGISTRY OF MOTOR VEHICLES
Table of Contents
Page
(540 CMR 1.00:
RESERVED)
5
540 CMR 2.00:
MOTOR VEHICLE REGULATIONS
7
Section 2.05:
Section 2.06:
Section 2.07:
Section 2.15:
Section 2.22:
Section 2.23:
Vehicle Registrations Requirements
Operator Licensing Requirements
Year of Manufacture Registration Plates
Licensing of Operators of School Buses
Markings on Commercial Vehicles
Display of Reflectorized License Plates
7
10.2
17
18
22
22
540 CMR 3.00:
MOTORCYCLE NOISE ABATEMENT
31
Section 3.01:
Section 3.02:
Section 3.03:
Purpose, Scope and Applicability
Allowable Noise Levels for Motorcycles
Stationary Motorcycle Noise Measurement Procedures
31
31
31
540 CMR 4.00:
ANNUAL SAFETY AND COMBINED SAFETY AND
EMISSIONS INSPECTION OF ALL MOTOR VEHICLES,
TRAILERS, SEMI-TRAILERS AND CONVERTER DOLLIES
39
Section 4.01:
Section 4.02:
Section 4.03:
Section 4.04:
Section 4.05:
Section 4.06:
Section 4.07:
Section 4.08:
Section 4.09:
Scope and Applicability
Special Definitions
Requirements for Initial and Subsequent Annual Inspection
Procedures for Inspection of Non Commercial Motor Vehicles
Procedures for Inspection of Commercial Motor Vehicles
Procedures for Inspection of Motorcycles
Issuance of Certificates of Inspection, Rejection, and Waiver Procedure
Licensure of Inspection Stations
Licensure of Inspectors - License Application Procedures and Fees
39
39
42
43
47
54.3
54.10
54.11
54.17
(540 CMR 5.00:
RESERVED)
55
540 CMR 6.00:
ALTERATION OF MOTOR VEHICLE HEIGHT
57
Section 6.01:
Section 6.02:
Section 6.03:
Section 6.04:
Section 6.05:
Section 6.06:
Purpose
Definitions
General Requirements
Maximum Combined Mechanical and Tire Lift
Violations
57
57
57
58
58
58
1/16/15
540 CMR - 1
540: REGISTRY OF MOTOR VEHICLES
Table of Contents
Page
540 CMR 7.00:
MINIMUM STANDARDS FOR CONSTRUCTION AND
EQUIPMENT OF SCHOOL BUSES
59
Section 7.01:
Section 7.02:
Section 7.03:
Section 7.04:
Section 7.05:
Section 7.06:
Section 7.07:
Section 7.08:
Purpose
Definitions
Bus Chassis Standards
Bus Body Standards
Equipment Requirements
Specially Equipped School Bus Standards
Out-of-service Criteria
59
59
59
60
63
72
73
76
540 CMR 8.00:
SCHOOL BUS DRIVER TRAINING PROGRAMS AND
SCHOOL BUS DRIVING INSTRUCTORS
75
Section 8.01:
Section 8.02:
Section 8.03:
Section 8.04:
540 CMR 9.00:
Section 9.01:
Section 9.02:
Section 9.03:
Section 9.04:
Section 9.05:
General Qualifications for School Bus Driving Instructor’s Certificate
School Bus Driving Training Programs (Pre-service and In-service)
General Requirements
Records and Notices
75
75
75
76.6
CONDUCT OF HEARINGS WITHIN THE REGISTRY OF MOTOR
VEHICLES
77
Definitions
Standards for Adverse Action
Opportunity for Hearing Before Adverse Action
Hearing Requirements
77
77
77
78
78
81
540 CMR 11.00: LICENSE SUSPENSIONS AND HEARINGS PURSUANT TO
M.G.L. C. 90, § 24(1)(f) and (g)
83
Section 11.01:
Section 11.02:
Purpose
83
83
540 CMR 12.00:
INSPECTION OF RESTORED SALVAGE MOTOR VEHICLES
85
Section 12.01:
Section 12.02:
Section 12.03:
Section 12.04:
Section 12.05:
Inspection Procedures
Random Selection Procedure
Completion of Parts Inspection
Confidentiality of Random Selection Method
85
85
85
86
86
540 CMR 13.00:
INTERNATIONAL REGISTRATION PLAN
IMPLEMENTATION REGULATIONS
87
Authority, Purpose and Scope
Definitions
Impact on Reciprocity Agreements
General Registration Rules for Apportionable Vehicles
Status of Trailers and Semi-Trailers
87
87
88
88
88
Section 13.01:
Section 13.02:
Section 13.03:
Section 13.04:
Section 13.05:
6/25/10
540 CMR - 2
540 CMR: REGISTRY OF MOTOR VEHICLES
540 CMR 2.00:
MOTOR VEHICLE REGULATIONS
Section
2.05:
2.06:
2.07:
2.15:
2.22:
2.23:
Vehicle Registrations Requirements
Operator Licensing Requirements
Year of Manufacture Registration Plates
Licensing of Operators of School Buses
Markings on Commercial Vehicles
Display of Reflectorized License Plates
2.05: Vehicle Registrations Requirements
(1) Authority, Purpose and Scope. 540 CMR 2.05 is issued by the Registrar of Motor Vehicles
under the authority of M.G.L. c. 16, § 9 and c. 90, §§ 2 and 31. In order to promote and protect
the public safety, every motor vehicle and trailer operated, pushed, drawn, towed, or remaining
in any way shall be in compliance with the registration requirements of M.G.L. c. 90, and
540 CMR 2.05 or 18.00: Minimum Standards for the Issuance and Use of General Registrations
and General Registration Numbers Plates Issued under the Provisions of M.G.L. c. 90, § 5.
(2) Applications for Registration and Powers of Attorney. Any person who desires to register
a motor vehicle or trailer in the Commonwealth shall complete such application, and provide
such information, as required by the Registrar. The application for registration may be signed
on behalf of the applicant by a duly authorized attorney in fact acting under a valid power of
attorney, provided the power of attorney or a copy thereof, duly authenticated, is filed with the
application for registration
(3) Definitions. As used in 540 CMR 2.05, the following terms are defined as follows:
Ambulance, Antique Motor Car, Auto Home, House Trailer, Motorcycle, School Bus, Semitrailer, and Trailer, shall have the meaning assigned to those terms in M.G.L. c. 90, § 1.
Apportionable Vehicle, is any motor vehicle which qualifies for registration under the
International Registration Plan (IRP) authorized by M.G.L. c. 90, § 2, and which the
Commonwealth joined effective January 1, 1994.
Bus, is any motor vehicle which is designed to transport 16 or more persons, including the driver,
or meets the definition of Bus or Motor Bus under M.G.L. c. 90, § 1.
Commercial Vehicle, is any motor vehicle which is not a private passenger motor vehicle,
personal transportation network vehicle, antique motor car, motorcycle, trailer, semi-trailer, auto
home, house trailer, taxicab, ambulance, hearse, livery vehicle, bus, school bus, or school pupil
transport vehicle, including the following:
(a) Any vehicle which has a vehicle weight, or curb weight, of more than 6,000 lbs., as per
the manufacturer's description of said vehicle, unless such vehicle is a sport utility vehicle
or passenger van, or a pickup truck or cargo van meeting the definition of Private Passenger
Vehicle;
(b) Any vehicle which has five or more wheels on the ground;
(c) Any pickup truck or cargo van, owned by a partnership, trust or corporation unless such
vehicle meets the definition of Private Passenger Motor Vehicle;
(d) Any pickup truck or cargo van, if on the bed of the vehicle tools, supplies, materials or
equipment are transported to or from a job site, or are stored for use at a job site, provided
that transportation to or storage for use at a personal project for which no compensation is
received shall not be considered in connection with a "job site";
(e) Any vehicle, if on the roof or sides of the vehicle, tools, supplies, materials or equipment
are transported to or from a job site, or are stored for use at a job site, provided that
transportation to or storage for use at a personal project for which no compensation is
received shall not be deemed in connection with a "job site";
1/16/15
540 CMR - 7
2.05: continued
(f) A vehicle which has business advertisements or business markings thereon; provided
however that markings limited to the name, address, telephone number, and logo of any
corporation whose personal property is exempt from taxation under M.G.L. c. 59, § 5, clause
third or tenth shall not be considered business advertisements or business markings for
purposes of 540 CMR 2.05;
(g) A vehicle used for hire to plow;
(h) A vehicle used for hire to transport or store goods, wares or merchandise, provided that
if the vehicle is owned by an individual, has a maximum load carrying capacity of 1,000
pounds or less, and is so used on only a part-time basis, such vehicle shall not be deemed a
commercial vehicle under 540 CMR 2.05(3): Commercial Vehicle(h). Part-time Basis shall
mean that not more than 40% of the total usage of the vehicle is devoted to the transporting
or storing of goods, wares or merchandise.
(i) A vehicle used to transport or store goods, wares or merchandise intended for sale in the
ordinary course of the vehicle operator's or owner's business, provided that if the vehicle is
owned by an individual, has a maximum load carrying capacity of 1,000 pounds or less, and
is so used on only a part-time basis, such vehicle shall not be deemed a commercial vehicle
under 540 CMR 2.05(3): Commercial Vehicle(i). Part-time Basis shall mean that not more
than 40% of the total usage of the vehicle is devoted to the transporting or storing of goods,
wares or merchandise.
Hearse, is any vehicle regularly used in the course of business of a licensed embalmer or a
licensed funeral director.
Livery Vehicle, is any limousine or other vehicle which is designed to carry 15 or fewer
passengers, including the driver, and carries passengers for hire, business courtesy, employee
shuttle, customer shuttle, charter or other pre-arranged transportation, and which vehicle is not
required to obtain a taxicab license pursuant to M.G.L. c. 40, § 22.
Personal Transportation Network Vehicle is a private passenger motor vehicle that is used by a
Transportation Network Company Driver to provide Transportation Services for a Transportation
Network Company.
Private Passenger Motor Vehicle, is any vehicle:
(a) which has a vehicle weight rating or curb weight of 6,000 lbs. or less as per
manufacturer's description of said vehicle or is a sport utility vehicle or passenger van; or
which is a pickup truck or cargo van of the ½ TON, ¾ TON or one TON class as per
manufacturer's description of said vehicle; or which is a vehicle used solely for official
business by any college or university police department whose officers are appointed as
special police officers by the colonel of the state police under M.G.L. c. 22C, § 63; and,
(b) which, if a pickup truck or cargo van, is registered or leased to an individual, and is used
exclusively for personal, recreational, or commuting purposes; and,
(c) which, other than a Personal Transportation Network Vehicle, is not described in
elsewhere in 540 CMR 2.05.
Pleasure Vehicle, Passenger Vehicle, Passenger Car, Automobile and Pleasure Passenger
vehicle are synonymous with Private Passenger Motor Vehicle as defined in 540 CMR 2.05:
Private Passenger Motor Vehicle. For the avoidance of doubt, Private Passenger Motor Vehicle
shall include, but not be synonymous with, Personal Transportation Network Vehicle.
School Pupil Transport Vehicle, is any vehicle which is required to comply with the special
equipment and licensing requirement of M.G.L. c. 90, § 7D or § 7D½.
Taxicab, is any vehicle which carries passengers for hire, and which is licensed by a municipality
pursuant to M.G.L. c. 40, § 22 as a taxicab.
Transportation Network Company is a corporation, partnership, sole proprietorship, or other
entity operating in Massachusetts that, for consideration, will arrange for a passenger to be
transported by a driver between points chosen by the passenger. A Transportation Network
Company must hold a valid Transportation Network Company Certificate issued by the
Department of Public Utilities or a notice issued by the Department of Public Utilities within the
preceding six months certifying that, as of the date of the notice, the Department of Public
Utilities is not issuing Transportation Network Company Certificates.
1/16/15
540 CMR - 8
2.05: continued
Transportation Network Company Driver or TNC Driver is an individual who, on behalf of a
Transportation Network Company, provides Transportation Services to TNC Riders.
Transportation Network Company Rider or TNC Rider is any passenger who is transported by
a TNC Driver for consideration and whose transportation is arranged by a TNC.
Transportation Services are the transportation of a passenger between points chosen by the
passenger for consideration.
Vanpool Vehicle, is any vehicle with a seating arrangement designed to carry seven to fifteen
adults, including the driver, and is used by seven or more persons commuting on a daily basis
to and from work, as classified in M.G.L. c. 63, §§ 31D through 31F.
(4) Registration Plates.
(a) A Private Passenger Motor Vehicle may display a private passenger registration number
plate.
(b) Notwithstanding any other provision of 540 CMR 2.05(4), any apportionable vehicle
registered under the IRP shall display an APPORTIONED registration number plate.
(c) A Commercial Vehicle shall display a COMMERCIAL registration number plate. Each
commercial vehicle must have on its registration the registered gross weight evidencing the
registered owner's intended loaded weight.
(d) An Ambulance shall display an AMBULANCE registration number plate.
(e) An Antique Motor Car may display an ANTIQUE registration number plate, or a YEAR
OF MANUFACTURE registration number plate issued in accordance with 540 CMR 2.07.
(f) An Auto Home may display a CAMPER registration number plate. A House Trailer may
display either a CAMPER or a TRAILER registration number plate.
(g) A Bus shall display a BUS registration number plate.
(h) A Hearse shall display either an HEARSE or a COMMERCIAL registration number
plate.
(i) Subject to 540 CMR 2.05(4)(i)1. through 3., and the provisions of M.G.L. c. 90, § 7D,
a Livery vehicle shall display a LIVERY registration number plate, provided that nothing
contained in 540 CMR 2.05(4)(i) shall prevent a vehicle that meets the requirements in
M.G.L. c. 90 for a registration number plate bearing the International Symbol of Access from
displaying such registration number plate.
1. Any vehicle that meets the definition of Livery Vehicle, including vehicles described
in 540 CMR 2.05(4)(i)2. and 3., but which vehicle is used for the transportation of school
pupils under M.G.L. c. 90, § 7D, shall display a PUPIL registration number plate.
2. Any vehicle that meets the definition of Livery Vehicle solely by virtue of the use to
which it is put pursuant to a short term rental agreement of not more than seven
consecutive days, and 30 days in the aggregate in any calendar year, need not display a
Livery registration number plate during such rental period, provided the vehicle is owned
by an entity whose regular business is vehicle rental; the vehicle is covered by a liability
insurance policy applicable to a vehicle used to transport people for hire; said rental
agreement is carried in the vehicle; and the vehicle is properly registered based upon the
use to which it was put just prior to the commencement of the short term rental period.
3. Any vehicle that meets the definition of a Livery Vehicle but is used exclusively to
provide transportation in connection with a program of the Commonwealth of
Massachusetts Department of Mental Retardation and/or Department of Mental Health
may display either a Livery registration number plate or a Passenger registration number
plate, provided that if such vehicle displays a Passenger registration number plate it shall
not bear any business advertisements or markings thereon, and there shall be maintained
in the vehicle, in a readily accessible place for examination by law enforcement officers
upon request, written evidence of the relationship with the Department(s) supplied by the
Department(s), which writing shall specifically reference the expiration date of the
current relationship with the Department(s).
1/16/15
540 CMR - 9
2.05: continued
(j) A Motorcycle shall display a MOTORCYCLE registration number plate.
(k) A School Bus shall display either a SCHOOL BUS or a BUS registration number plate,
except as provided in M.G.L. c. 90, § 7D. The requirement of 540 CMR 2.05(4)(k) is
applicable to all such classified motor vehicles notwithstanding that they otherwise would
be eligible to display a COMMERCIAL, LIVERY, TAXI, MUNICIPAL, STATE,
AUTHORITY, or other registration number plate. In case of emergency, a vehicle with a
COMMERCIAL, LIVERY, TAXI, PUPIL, MUNICIPAL, STATE or AUTHORITY plate
may be substituted as a school bus; provided said substitution may not occur for more than
five days in any 12 month period.
(l) A School Pupil Transport Vehicle shall display a PUPIL registration number plate. The
requirement of 540 CMR 2.05(4)(1) is applicable to all such classified motor vehicles
notwithstanding that they otherwise would be eligible to display a COMMERCIAL,
LIVERY, TAXI, MUNICIPAL, STATE, AUTHORITY, or other registration number plate.
In case of emergency, a vehicle with a COMMERCIAL, LIVERY, TAXI, BUS, SCHOOL
BUS, MUNICIPAL, STATE, or AUTHORITY plate may be substituted for a School Pupil
Transport Vehicle; provided, said substitution may not occur for more than five days in any
12 month period.
(m) A Semi-trailer shall display a SEMI-TRAILER registration number plate.
(n) A Taxicab shall display a TAXI registration number plate, except that a vehicle which
meets the definition of Taxicab, but which vehicle is used for the transportation of school
pupils under M.G.L. c. 90, § 7D, shall display a " PUPIL" registration number plate.
(o) A Trailer shall display a TRAILER registration number plate.
(p) AVanpool Vehicle shall display a VANPOOL registration number plate.
(q) Each registration plate issued by the Registrar remains the property of the Registrar.
Unless otherwise specifically directed or authorized by the Registrar, a registration plate of
a currently issued series of plates or a plate re-issued pursuant to 540 CMR 2.07, which is
not displayed on a properly registered motor vehicle or trailer, shall be returned immediately
to the Registrar.
(4½)(a) A TNC Driver shall not provide Transportation Services to a Passenger unless a
Transportation Network Company has pre-arranged for the TNC Driver to provide
Transportation Services to the passenger. A TNC Driver shall not solicit or accept
on-demand summoning of a ride, otherwise known as "street hail" or "hail pick-up".
(b) A Transportation Network Company shall make available to prospective TNC Riders
the method by which the Transportation Network Company calculates fares or the applicable
rates being charged and an option to receive an estimated fare.
(c) A TNC Driver must:
1. Be at least 21 years of age;
2. Possess a valid driver's license;
3. Possess proof of personal motor vehicle insurance as required under M.G.L. c. 90 for
the Personal Transportation Network Vehicle being used;
4. Comply with such other requirements as may be set by the Department of Public
Utilities for TNC Drivers.
(d) No individual whose operator driving record, as maintained on behalf of the Merit
Rating Board under M.G.L. c. 6C, § 57A, contains any of the following traffic violations
shall operate a Personal Transportation Network Vehicle:
1. More than three traffic violations, as defined by the Division of Insurance, in the
preceding three-year period; or
2. A major traffic violation, as defined by the Division of Insurance, in the preceding
three-year period
(4¾)(a) The Department of Public Utilities (DPU) shall act as the licensing authority to which
a Transportation Network Company shall apply for a certificate to provide TNC Services.
The DPU may issue such a certificate if the DPU finds that public convenience and necessity
require that the applicant be allowed to provide Transportation Services.
(b) The DPU shall have general supervision and regulation of, and jurisdiction and control
over Transportation Network Companies as common carriers.
(c) The DPU shall ensure that, before arranging for a Transportation Network Driver to
provide Transportation Services, a Transportation Network Company shall:
1/16/15
540 CMR - 10
2.05: continued
1. Conduct, or have a third party conduct, a background check that shall include
Criminal Record Information (CORI) and Multi-state/Juris Criminal Records Locator or
other similar nationwide database, and National Sex Offender Registry database; and
2. Conduct, or have a third party conduct, a driving record check.
(d) The DPU shall further ensure that:
1. A Transportation Network Company shall not arrange for a passenger to be
transported by any Transportation Network Driver who appears on the National Sex
Offender Registry or who has a conviction in the past ten years for crimes of violence,
sexual abuse, driving under the influence of drugs or alcohol, hit and run, attempting to
evade the police, driving with a suspended or revoked license, felony robbery, or felony
fraud.
2. A Transportation Network Company, and the TNC Drivers the Transportation
Network Company arranges to provide Transportation Services, shall maintain
appropriate liability insurance.
(e) In the event that the DPU is unwilling or unable to ensure that Transportation Network
Companies in general or a Transportation Network Company in particular comply with the
above requirements, the Registrar of Motor Vehicles shall have the power to prohibit the
operation of some or all Personal Transportation Network Vehicles or take such further
action with respect to such vehicles as otherwise authorized by law or regulations.
(5) Remedies.
(a) The certificate of registration of any vehicle that is registered in violation of 540 CMR
2.00, as determined by the Registrar after hearing, shall be subject to revocation under
M.G.L. c. 90, § 2; however if the Registrar determines that the continued operation of such
vehicle constitutes an immediate threat to public safety then, under M.G.L. c. 90, § 22(a),
such revocation by the Registrar shall be without a prior hearing.
(b) Any violation of 540 CMR 2.05 is punishable by a fine pursuant to M.G.L. c. 90, § 20,
and may result in the suspension of the operator's license or right to operate and/or certificate
of registration for up to 30 days pursuant to M.G.L. c. 90, § 22(b). Confiscation of the
registration plate and/or impoundment of the subject vehicle for the reason that the vehicle
displays the incorrect type of vehicle registration plate based upon the classifications
described in 540 CMR 2.05, is not authorized by 540 CMR 2.05 in the absence of a
determination by the Registrar that continued operation of such a vehicle in a particular case
would constitute an immediate threat to public safety.
(c) Any person who operates a motor vehicle which has no current registration in violation
of M.G.L. c. 90, or which bears a registration plate that is assigned to a vehicle or trailer
other than the one to which it is attached, or which is the subject of a revoked or suspended
registration shall be subject to the penalties set forth in M.G.L. c. 90, §§ 2, 9 and 23, and the
registration plate(s) attached to such vehicle shall be subject to immediate confiscation by
an officer of the police, or other person authorized by the Registrar. Any such confiscated
plate(s) shall be returned to the Registrar as soon as is practically possible after confiscation.
(6) Registration Stickers.
(a) The Registrar may issue a sticker or decal to validate a registration plate issued under
M.G.L. c. 90, § 2. The owner of the vehicle shall attach such sticker or decal to the upper
right hand corner of the rear registration plate, so as to cover any previously attached sticker.
(b) Any motor vehicle or trailer registered to the Commonwealth or a political subdivision
shall be exempt from the requirement of displaying a registration sticker.
(7) Electronic Vehicle Registration (EVR) Program. Participation in the Registry's Electronic
Vehicle Registration (EVR) Program authorizing third parties to issue motor vehicle
registrations, enter motor vehicle registration data onto the Registry's computer database, and
perform ancillary functions, including but not limited to the Distributed Registration Information
Vehicle Entry (DRIVE) Program, shall be by permit issued, suspendable and revocable by the
Registrar, and subject to such reasonable terms and conditions as the Registrar may prescribe.
(8) (a) Registration Requirements for Natural Persons (Individuals). If an applicant for
registration of a motor vehicle or trailer is a natural person (an individual), the following
information must be provided in addition to any other information the Registrar may require:
The applicant's:
1. full name;
1/16/15
540 CMR - 10.1
2.05: continued
2. full residential address, including an apartment or unit number, if applicable; and
3. date of birth;
In addition to 540 CMR 2.05(8)(a)1. through 3., at least one of the following in
540 CMR 2.05(8)(a)4. through 7. must also be provided by the applicant for inspection
or recording by the Registrar, unless exempted:
4. a valid driver license; or
5. a valid Massachusetts' Identification Card issued to the applicant under M.G.L. c. 90,
§ 8E; or
6. the applicant's Social Security Number (SSN); or
7. other proof of legal residence in Massachusetts.
This may include one or more documents from the Driver's Manual (the edition issued
closest in time to the receipt of the application for registration) section on Acceptable Forms
of Identification, Documents to Prove Massachusetts Residence.
(b)
Registration Exemptions for Natural Persons (Individuals). As authorized by
M.G.L. c. 90, § 2, the Registrar has established exemptions from the requirements in
540 CMR 2.05(8)(a)1. through 7. for nonresident (out-of-state) students; military personnel;
senior citizens and disabled persons; and may establish additional exemptions by regulation
for other groups if consistent with the provisions in the law. The following exemptions are
incorporated in 540 CMR 2.05(8)(b):
1. Nonresident Student: A nonresident enrolled as a student at a school or college in
this state who attends school during any period from September 1st of any year to
August 31st of the following year and who has a temporary residential address in this state
while attending such school, may register a vehicle for personal use that he or she owns
from such address without having to provide evidence of a Massachusetts driver license,
a Massachusetts ID card (issued under M.G.L. c. 90, § 8E), or provide his or her Social
Security Number (SSN) but must have a valid driver license from his or her home state
or country if he or she is to be the principal driver of the registered vehicle.
Note: A nonresident student enrolled as a student at a school or college in the
Commonwealth who attends school during any period from September 1st of any year
to August 31st of the following year and who has a temporary residential address in
this state while attending such school is not required to obtain Massachusetts
registration plates for a vehicle he or she has brought into the Commonwealth while
attending a school or college here if the student completes the nonresident student
statement required of nonresident students by M.G.L. c. 90, § 3, including
maintaining the required insurance coverage, and files such statement in
quadruplicate with the local police where the school or college is located and displays
the decal for the applicable academic year provided by the school. (For purposes of
540 CMR 2.05(8) a Student is defined in M.G.L. c. 90, § 1).
2. Military Personnel: A person who is an active duty member of the armed forces of
the United States whose permanent home is in another state, who is assigned to a base
or facility in Massachusetts and who has a temporary residential address in this state, may
register a vehicle without having to have a Massachusetts driver license, a Massachusetts
ID card or an SSN although he or she must have a valid driver license from his or her
home state if he or she is the principal driver; and if not the principal driver and he ir she
does not have an out-of-state license, he or she must have an SSN or be denied
registration.
3. Senior Citizen or Disabled Person: A person who is 65 years of age or older and who
is a resident of Massachusetts and a person of any age who is a resident of this state and
who otherwise meets the definition of a disabled person who would qualify for a
handicapped placard or HP plates under Massachusetts law, can register a vehicle that
he or she owns without the need to have a Massachusetts driver license, a Massachusetts
Identification card or an SSN.
2.06: Operator Licensing Requirements
(1) Purpose, Scope and Applicability. 540 CMR 2.06 is adopted by the Registrar of Motor
Vehicles pursuant to M.G.L. c. 90, §§ 8, 8B and 31, and c. 90F, § 6 to establish uniform rules
governing the issuance and use of learner's permits, licenses to operate a motor vehicle, and
licenses to operate a commercial motor vehicle.
1/16/15
540 CMR - 10.2
2.06: continued
(2) Definitions.
(a) The definitions in M.G.L. c. 90, § 1 shall apply to 540 CMR 2.06. With regard to
Commercial Driver's License (CDL) matters, if the definitions in M.G.L. c. 90 or 540 CMR
2.06 are inconsistent with the definitions in 49 CFR Part 383, the definitions in 49 CFR Part
383 shall apply.
(b) The following definitions are also used in 540 CMR 2.06:
CMV. Commercial Motor Vehicle for which a CDL is required to operate.
FHWA. Federal Highway Administration.
License or Learner's Permit. A driver's license or learner's permit, issued in Class A, B, C,
D, or M.
1/16/15
540 CMR - 10.3
NON-TEXT PAGE
1/16/15
540 CMR - 10.4
Docket #
Regulation Filing
CHAPTER NUMBER:
801 CMR 4.00
CHAPTER TITLE:
Rates
AGENCY:
The regulation lists various charges and fees DCR may impose for a variety of licenses, permits, and
services the agency administers and/or provides. Fees for camping, parking, ice rink rentals, permits,
and certain special services and facilities will be increased. Additionally, new fees will be added for
commercial docking at piers and docks; cross-country skiing; certain types of permits; merchandise
sold at park stores.
M.G.L. c.7; line 2800-0100 of s. 2 of c.139 of Acts of 2012; M.G.L. c.92, ss.
33, 37; M.G.L. c.132A, s. 7
AGENCY CONTACT:
Janet Fogel, Dep. Gen. Counsel
ADDRESS:
ANF, State House, Room 373, Boston, MA 02133
PHONE:
617-727-2040 ext.
35455
Notice to LGAC 10/9/2014; Exec. Office of Energy and Environmental Affairs approved 12/29/2014;
Exec. Office for Administration and Finance and Governor's Office approved 12/30/2014.
PUBLIC REVIEW -
Public comment periods:10/20-11/14/14, 12/1-12/29/14;
public hearings: 11/10, 11/12, 11/13, 12/29/14
67
544
FISCAL EFFECT -
$1,000,000 additional annual revenue
$1,000,000 additional annual revenue
No fiscal effect:
N/A
12/30/2014
Fees; Camping; Recreation; Golf; Rinks; Permits; Construction
PROMULGATION -
Amendment of 801 CMR 4.02 [302 Department of Conservation and Recreation]
ATTESTATION -
ATTEST:
SIGNATURE:
SIGNATURE ON FILE
DATE:
Jan 2 2015
DATE:
01/16/2015
EFFECTIVE DATE:
1278
01/16/2015
Remove these pages:
57 - 58.6
Insert these pages:
57 - 58.6
01/02/2015
68
kr
801 CMR: EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
4.02: continued
302 Department of Conservation and Recreation
(1) Harvesting of Timber
(a) Massachusetts residents
$15
(b) Non-residents of Massachusetts
30
(2) Forester Licensing Fee
(a) Initial application fee
100
(b) Annual renewal fee
50
(3) Dam Safety
(a) First time dam registration
75
(b) Dam registration after transfer to new
dam owner after real estate transaction
50
(c) Chapter 253 Dam Safety Permits
1. Application to construct, materially alter, perform major
repairs, breach, or remove dam
50
2. Review and issuance of permit for dam construction project
with total engineer and construction costs up to $100,000
250
with total engineer and construction costs of $100,001 through
$500,000
500
with total engineer and construction costs of $500,001 through
$1,000,000
750
with total engineer and construction costs of over $1,000,000
1000
(d) Dam safety emergency inspection and inspections of unsafe
non-compliant dams
up to $1000
[Exclusions: The Commonwealth, its agencies, authorities
and political sub-divisions, including municipalities, are
exempt from the payment of fees in this sub-section (d).]
(4) Camping Fees (all rates are per site or service, unless otherwise noted)
(a) Coastal campsite, non-resident
27
(b) Coastal campsite, MA resident
22
(c) Inland campsite, non-resident
20
(d) Inland campsite, MA resident
17
(e) Limited service campsite, non-resident
16
(f) Limited service campsite, MA resident
14
(g) Primitive campsite, non-resident
10
(h) Primitive campsite, MA resident
8
(i) Bike in/hike in campsite
8
(j) Electric utility hook-up
6
(k) Water utility hook-up
4
(l) Sewer utility hook-up
5
(m) Group campsites
35
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
1/16/15
Safari field camping
Cabin - one-room, non-resident
Cabin - one-room, MA resident
Cabin - two-room, non-resident
Cabin - two-room, MA resident
Cabin - three-room, non-resident
Cabin - three-room, MA resident
Yurt - small, non-resident
Yurt - small, MA resident
Yurt - large, non-resident
Yurt - large, MA resident
Yurt - group, non-resident
20
55
50
65
60
80
75
50
45
60
55
100
annual
annual
per day
per day
per day
per day
per day
per day
per day
per day
per day
per day
per day
per day
for 1-25 persons;
more than 25
persons, $1 per
person per day
per unit per day
per day
per day
per day
per day
per day
per day
per day
per day
per day
per day
per day
801 CMR - 57
4.02: continued
(z) Yurt - group, MA resident
(aa) Day visitor parking
$90
8
per day
per vehicle per
day
20 per day
up to $7 per bundle
10
.25 per three minutes
(bb) Dump station use (non-campers)
(cc) Firewood
(dd) Reservation cancellation/transfer
(ee) Coin-operated shower
(5) Parking - Day Use
(a) Car - ocean beaches, non-resident
up to $14 per day
(b) Car - ocean beaches, MA resident
up to $12 per day
(c) Car - inland beaches, non-resident
10 per day
(d) Car - inland beaches, MA resident
8 per day
(e) Car - scenic and historic areas, non-resident
6 per day
(f) Car - scenic and historic areas, MA resident
5 per day
(g) Bus - ocean beaches
50 per day
(h) Bus - inland beaches, scenic and historic areas
35 per day
(i) Youth group bus pass - single visit
20
(j) Youth group bus pass - ten visits
$120
(k) Season pass, non-resident
85 per season
(l) Season pass, MA resident
60 per season
(m) Season pass - second vehicle
25 per season
(n) Commuter parking (designated locations)
up to $10 per day
(o) Hourly parking rate
$1.25 per hour
(p) Special Rates:
1. Senior Citizens. Day Use Parking fees shall be waived for all Massachusetts senior
citizens displaying a current and valid Massachusetts State Parks and Recreation Senior
Citizen Pass. Passes shall be provided for a one-time fee of $10 per pass. Senior Citizen
passes shall be issued at DCR forests, parks, and reservations where parking fees are
collected and at DCR regional offices. All Massachusetts residents 62 years of age or
older are eligible to receive the Massachusetts State Parks and Recreation Senior Citizen
Pass upon presentation of a duly issued Massachusetts driver's license or other suitable
documentation of age and residence.
2. Handicapped Person or Disabled Veteran. A disabled veteran or a handicapped
person whose vehicle bears the distinctive type number plate or designated handicapped
hang tag authorized by M.G.L. c. 90 shall not be required to pay the day use parking fees
imposed under 801 CMR 4.02[302](5)(a), (b), (c), (d), (e) and/or (f).
(6) Special Services and Facilities
(a) Small picnic pavilion
65 per day
(b) Large picnic pavilion
175 per day
(c) Group picnic area
50 per day
(d) Meeting or function room; recreational building
50 per 4 hour period
(e) Swimming pool rental
50 per hour
(f) Cass Recreation Center:
1. Half arena
25 per hour ($100
per day max)
2. Full arena
50 per hour ($200
per day max)
3. Entire facility
100 per hour ($500
per day max)
(g) Athletic fields
[Rental periods: 9:00 A.M.-12:00 P.M.; 12:00 P.M.-3:00 P.M.; 3:00 P.M.-5:00 P.M.; 5:00
P.M.-7:00 P.M.; 7:00 P.M.-9:00 P.M.; 9:00 P.M.-11:00 P.M. (late evening field use may only
be scheduled on lighted fields and when neighborhood disturbance is not a concern)]
1. Daily rental
40 per rental period
2. Electrical surcharge
50 per hour
electrical charge
is added for use
of field lights (for
daily and
seasonal rentals)
1/16/15
801 CMR - 58
4.02: continued
3. Seasonal rental
per field per rental
period for the season
[Note: a season is approximately ten weeks in length and varies due to weather and other
factors. Sports seasons generally are spring (early April to mid-June), summer (mid-June
to late August), and fall (late August to early November). Rules and regulations
pertaining to the use of DCR athletic field are at 302 CMR 12.00: Parks and
Recreation.]
(h) Outdoor event venue rentals (commercial applicants)
1. Small event (100-500 people)
250 per day
2. Mid-size event (501-1,500 people)
1000 per day
3. Large event (1,501-10,000 people)
2000 per day
(7) Marine Activities
(a) Non-commercial floats and piers located on lakefronts
100 annual
(b) Non-commercial moorings for boats on lakes
80 annual
(c) Non-commercial moorings in Charles River Basin
6 per foot per season
(d) Non-commercial swimming floats on lakefronts
60 annual
(e) Commercial docking permit
250 annual
(8) Cottages and Structures
(a) Myles Standish State Forest - Fearings Pond
1620 annual
(b) Myles Standish State Forest - College Pond, Curlew Pond,
Rocky Pond, Widgeon Pond
3800 annual
(c) Ashmere Lake - cottage
900 annual
(d) Peddocks Island, Boston Harbor Islands - Cottage
400 annual
(9) Ice Skating Rinks
(a) DCR-operated Rinks
1. Peak Hour Ice Rentals:
i. Youth hockey organizations - large rink only
200 per 50-minute period
ii. Youth hockey organizations - large and small rink
iii. Municipally-funded organizations and secondary
schools - large rink only
200 per 50- minute period
iv. Municipally-funded organizations and
Secondary schools - large and small rink
v. Individuals - large rink only
vi. Individuals - large and small rink
vii. Other organizations and commercial entities
- large rink only
viii. Other organizations and commercial entities
- large and small rink
ix. Rental of small ice rink only
x. Colleges and college-funded organizations
- large rink only
xi. Colleges and college-funded organizations
For purposes of 801 CMR 4.02[302]: Department of Conservation and Recreation(9),
"peak" hours occur Monday through Friday from 3:00 P.M. to close; weekends and
holidays from 7:00 A.M. to close.
rates are based on minimum 50-minute periods and will be pro-rated for longer
periods.
2. Off-peak Hour Ice Rink Rentals:
i. Youth hockey organizations - large rink only
$175 per 50 minute period
ii. Youth hockey organizations - large and small rink 200 per 50-minute period
iii. Municipally-funded organizations and
secondary schools - large rink only
iv. Municipally-funded organizations and
secondary schools - large and small rink
v. Individuals - large rink only
1/16/15
$200
801 CMR - 58.1
4.02: continued
vi. Individuals - large and small rink
$235 per 50-minute period
vii. Other organizations and commercial entities
- large rink only
viii. Other organizations and commercial entities
ix. Rental of small ice rink only
x. Colleges and college-funded organizations
- large rink only
xi. Colleges and college-funded organizations
"off-peak" hours occur Monday through Friday before 3:00 P.M.; weekends and
holidays before 7:00 A.M.
rates are based on minimum 50-minute periods and will be pro-rated for longer
periods
3. Energy surcharge (April 15th - October 31st)
(applies to all usage)
4. Off-season facility rental (no ice)
150 per event
(b) Public skating at rinks operating under permits
up to $5 per person per session
(10) Golf Courses (Leo J. Martin and Ponkapoag)
(a) Season Tickets (season tickets honored at either/both golf courses)
1. Seven-day Season Ticket
875 annual
2. Five-day Season Ticket (Mon. - Fri.)
650 annual
3. Five-day Season Ticket for Seniors (Mon. - Fri.)
475 annual
4. Seven-day Season Ticket for Juniors
175 annual
(b) Greens Fees - Weekdays (non-holidays)
1. 18 holes - Adults (Mon. - Thurs.)
27
2. Nine holes -Adults (Mon. - Thurs.)
19
3. 18 holes- Seniors (Mon. - Thurs.)
17
4. Nine holes - Seniors (Mon.- Thurs.)
15
5. 18 holes - Juniors (Mon. - Thurs.)
10
6. Nine holes - Juniors (Mon. - Thurs.)
8
7. Twilight (2½ hours before dusk ) (Mon. - Thurs.)
12
(c) Greens Fees - Weekends and Holidays
1. 18 holes - Fri., Sat., Sun., holidays
30
2. Nine holes - Fri., Sat., Sun., holidays
19
3. Twilight (2½ hours before dusk) - Fri., Sat., Sun., holidays 12
(d) Cart Rentals (all rates are per person)
1. Special seasonal rates: April 1st - May 15th; Sept. 15th - end of season
a. Cart Rental + Greens Fee for 18 holes - Mon.-Thurs. 35
b. Cart Rental + Greens Fee for nine holes - Mon.-Thurs. 22
2. 18 holes - Adult - Cart Rental Only
15
3. Nine holes - Adult - Cart Rental Only
8
4. 18 holes - Senior - Cart Rental Only
14
5. Nine holes - Senior - Cart Rental Only
7
6. Twilight (2½ hours before dusk) - Cart Rental Only
7
(e) Tournaments and Leagues
1. Tournament Deposit (per event)
500
2. Weekday Tournament: Golf + Cart (per person)
39
3. Weekend/Holiday Tournament: Golf + Cart (per person) 49
(f) Driving Range
1. Warm-up Bucket (25 balls)
3
2. Small Bucket (60 balls)
7
3. Large Bucket (90 balls)
10
1/16/15
801 CMR - 58.2
4.02: continued
(g) Pull Carts
1. Pull Carts
$5
For purposes of 801 CMR 4.02[302]: Department of Conservation and Recreation(10), all
rates are per person unless otherwise indicated.
season tickets are available to Massachusetts residents only.
junior rates apply to those 16 years of age or younger; senior citizen rates apply to those
62 years of age or older.
groups over 40 are "tournaments."
(11) Cross-country Skiing
(a) Daily Trail Pass
1. Adult (17 years of age or older)
13
2. Senior (62 years of age or older)
11
3. Youth (six through 16 years of age)
8
(b) Evening Trail Pass (after 7:00 P.M. weekdays; after 3:00 P.M. weekends and holidays)
12
10
6
(c) Five-Day Pass (weekdays only)
39
35
29
(d) Individual Season Pass
189
159
79
(e) Family Pass (up to two adults and dependents younger than
21 years old living in same household)
299
(f) High School Team
1. Daily trail pass
8 per person
2. Season trail pass
79 per person
(g) Youth Group
1. Daily trail pass
8 per person
2. Season trail pass
79 per person
(h) (Other) Group Rates
1. Groups of 15-30 persons
10 per person
2. Groups of 31-50 persons
9 per person
3. Groups of 51 or more
8 per person
(i) Festival or Tournament - exclusive use for event
150 per event
(12) Quabbin Reservoir Fishing Program
(a) Parking and fishing access - vehicle only
(b) Parking and fishing access - vehicle and trailer
(c) Boat and motor rental - full day
(d) Boat and motor rental - half day
(e) Boat only rental - full day
(f) Boat only rental - half day
(g) Seasonal parking pass
(h) Senior citizens (62+) - parking/access, season pass
(i) Senior citizens (62+) - boat rental
(j) Handicapped - parking, boat rental, season pass
(13) Quabbin Park Cemetery
(a) Interments
1. Over four feet long
2. Less than four feet long
1/16/15
6 per vehicle
8 per vehicle
40
30
14
10
50
Half Price
Half Price Weekdays
Half Price
400 weekdays
700 Saturdays
100 weekdays
801 CMR - 58.3
4.02: continued
3. Cremains
4. Concrete foundation
$200 Saturdays
75 weekdays
175 Saturdays
$ 1.75 per cubic foot
($30 minimum)
(b) Grave Lots
1. Eight grave lot
924
2. Six grave lot
693
3. Four grave lot
462
4. Two grave lot
231
5. One grave lot
116
(14) Permits
(a) Construction and Access Fees and Permits
1. Administration application fee for construction permits
50
(non-refundable)
2. Driveway access
i. Residential purposes: two units or fewer
50
ii. Each additional unit (up to five units)
30
iii. Non-residential: less than 25,000 square feet
1,000
iv. Non-residential: 25,000 sq. ft. through 100,000 sq. ft. 2,000
v. Non-residential: greater than 100,001 sq. ft.
2,000 per each additional
100,000 sq. ft.
3. Sidewalk obstructions
i. General obstruction
100 each per day
ii. Crane, boom, pump truck, scissor lift, man lift
150 each per day
4. Stormwater discharge
100 per connection
5. Dewatering
25 per day
6. Manhole opening/entry
200 per day
7. Public safety trench permit filing fee (non-refundable)
20
8. DCR Parkway/Roadway Excavation Fees
i. Road surface five years or older
8 per sq. ft.*
ii. Road surface less than five years old
10 per sq. ft.*
iii. Sidewalk and DCR Property excavation
6 per sq. ft.*
* For purposes of calculating square footage, all trenches will be calculated at a
minimum width of four feet in minimum increments of six inches.
9. Tree replacement/restitution fee
180 per caliper inch
10. Vehicle access fees
i. Commercial vehicles on parkways
150 annually
ii. Loading/unloading on roadway
100 per day
11. Trucks greater than 5000 lbs and measuring over seven feet
on restricted DCR Parkways and roadways
100 per day
12. Mitigation in the form of improvements to the
area of the project may not amount to less than the above fees
13. Land use/lay-down fees based on average rate of return, land
value and area
(b) Special use permit (for special events)
45 per application
(c) Short term commercial use permit
1. Daily
35
2. Weekly
200
3. Monthly
850
4. six-month season
5000
(d) Commercial dog walking permit
100 annually
(e) Promotional pole banner
50 per pole per event
(f) Film production
1. Educational institution/student
100 per project
2. Commercial entity
250 per project per day
1/16/15
801 CMR - 58.4
4.02: continued
(15) Use of DCR's 800 MHz Smart Net Telecommunications System
(a) Control station and/or portable radio, no airtime charge
$10 per month per unit
(b) Data link to Central Electronics Bank (CEB) connection
100 per month per
connection
(16) Park store merchandise
(a) Clothing (t-shirts, sweatshirts, hats, etc.)
up to $50 per item
(b) Sundries (picnic supplies, beverages, ice, sunblock, etc.)
up to $10 per item
309 Board of Registration of Hazardous Waste Site Cleanup Professionals
(1) Application
(2) Annual Fee
Annual Fee for DEP Employees
(3) Renewal
(4) Licensing Exam Fee
(5) Inactive Status
Inactive Status for DEP Employees
$245
225
60
100
325
225
60
per application
per year
per year
three years
per exam
per year
per year
310 Department of Environmental Protection
Wetlands and Waterways Program
Fees assessed pursuant to the Wetlands Protection Act, M.G.L. c. 131, § 40, are set forth in the
Department of Environmental Protections’s fee regulations at 310 CMR 4.00: Timely Action
Schedule and Fee Provisions.
321 Division of Fisheries and Wildlife
The following schedule of fees shall apply to licenses effective on and after January 1, 2010.
(1) Resident Citizen Minor Hunting
$6.50 annual
(2) Resident Citizen/Alien Fishing License
22.50 annual
(3) Resident Citizen Hunting License
22.50 annual
(4) Resident Citizen Sporting License
40
annual
(5) Resident Citizen Trapping License
30.50 annual
(6) Resident Citizen/Alien three-day Fishing License
7.50 3-day
(7) Resident Alien Hunting License
22.50 annual
(8) Resident Citizen Minor Fishing License
6.50 annual
(9) Resident Citizen Hunting License - 65-69 years of age
11.25 annual
(10) Resident Citizen Minor Trapping License
6.50 annual
(11) Resident Citizen Fishing License - 65-69 years of age
11.25 annual
(12) Resident Citizen Sporting License - 65-69 years of age
20
annual
(13) Resident Citizen Trapping License - 65-69 years of age
15.25 annual
(14) Non-resident Citizen/Alien three-day Fishing License
18.50 3-day
(15) Non-resident Citizen/Alien Small Game Hunting License
60.50 annual
(16) Non-resident Citizen/Alien Big Game Hunting License
94.50 annual
(17) Non-resident Citizen/Alien Fishing License
32.50 annual
(18) Non-resident Trapping Permit
200
annual
(19) Antlerless Deer Permit
5
annual
(20) Bear Permit
5
annual
(21) Turkey Permit
5
annual
(22) Archery Stamp
$5.10 annual
(23) Primitive Firearm Stamp
5.10 annual
(24) Waterfowl Stamp
5
annual
(25) Trap Registration
5
biennial
(26) Class III Aquaculture License
100
annual
(27) Class IV Propagators License - Three Categories:
Animal Aid to Handicap
$0
annual
Commercial
50
annual
All Other
25
annual
1/16/15
801 CMR - 58.5
4.02: continued
(28)
(29)
(30)
(31)
(32)
(33)
Class VI Dealers License
$25
Permit to Take Shiners for Bait
30
Game Tags
0.10
Fish Tags
0.05
Posters and Signs
0.50
Importation Permit - Two Categories:
One time
25
Annual/Single Source
50
(34) Taxidermist License
25
(35) License--Duplicate
2.50
(36) Non-resident/Alien Fur Buyer License
90
(37) Class I Private Waters License
15
(38) Non-resident Citizen/Alien Minor Fishing License
6.50
(39) Ferret Breeding Permit
1,000
(40) Endangered Species Propagation Permit
25
(41) *Resident Citizen Commercial Shooting Preserve License
5
(42) *Non-resident Citizen/Alien Commercial Shooting Preserve
License
5
(43) Class VIII Quail License
10
(44) Class IX Falconry License
25
(45) Class X Raptor Breeding License
25
(46) Problem Animal Control Permit - Two Categories:
Municipal
0
Commercial
100
(47) Bird Banding Permit
10
(48) Field Trial Permit
25
(49) Mounting Permit
10
(50) Salvage Permit
10
(51) Scientific Collecting Permit - Two Categories:
Government/Non-profit
0
Commercial
100
(52) Commercial Permit for Taking and Sale of Snapping Turtles
30
(53) Wildlife Rehabilitation Permit
10
(54) Permit to Use Poisons on Unprotected Species - Two Categories:
Individual
0
Commercial
25
(55) Commercial Shooting Preserve Permit - Two Categories:
Class A: Commercial
100
Class B: Club
50
(56) Commercial Permit for Taking and Sale of Carp and Suckers
30
(57) Resident Fur Buyers License
30
(58) Permit to Trap and Kill Unprotected Birds
5
(59) Letter Permit
0
(60) Fish Liberation Permit
0
(61) Game Liberation Permit
0
(62) Commercial Permit for Taking and Sale of Eels
25
(63) Road-Killed Deer Salvage Permit
0
(64) Farmer/Landowner Anterless Deer Permit
0
(65) Farmer/Landowner Turkey Permit
0
(66) Class XI Raptor Salvage License
1
1/16/15
annual
annual
per tag
per tag
per item
each
per source
annual
annual
annual
annual
annual
annual
per day
per day
annual
annual
annual
annual
annual
annual
each
each
annual
annual
annual
annual
annual
each
each
annual
annual
annual
annual
annual
annual
each
each
annual
each
annual
annual
annual
801 CMR - 58.6
State Bookstore
State House, Room 116
Boston, MA 02133
This document contains time sensitive
public contract information!
~
Please deliver as soon as possible.
PERIODICALS
U.S. POSTAGE
PAID
Boston, MA

The Secretary of the Commonwealth, William Francis Galvin

Transcription

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