Published By: the Secretary of the Commonwealth, William Francis Galvin, Secretary $15.00

Issue: 1258, Date: April 11, 2014

Published by: The Secretary of the Commonwealth, William Francis Galvin, Secretary $15.00

Page

THE GENERAL COURT Acts and Resolves 1

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES Administrative Bulletin 14-08: 101 CMR 357.00: Money Follows the Person Waiver Services 3

ADMINISTRATIVE PROCEDURES Notices of Public Review of Prospective Regulations 5 Cumulative Table 69 Notice of Expiration of Emergency Regulation - Emergency Regulations 77 Permanent Regulations 97 Future Effective Date Regulations -

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.

Notice of Expiration of Emergency Regulation There are no Notices of Expiration in this Massachusetts Register -

Emergency Regulations

101 CMR Executive Office for Health and Human Services 306.00 Rates of Payment for Mental Health Services Provided by Community Health Centers and Mental Health Centers 77 Implements the requirements of St. 2013, c. 118, § 32, M.G.L. c. 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. 614.00 Health Safety Net Payments and Funding - Re-file 79

105 CMR Department of Public Health 171.000 Massachusetts First Responder Training 81 Requires first responders to be trained in administration of naloxone as part of their regular training. Also sets out the required documentation municipalities must maintain in order to permit first responders to carry and administer naloxone. 700.000 Implementation of M.G.L. c. 94C 83 Permits municipalities to register with the Department in order to permit first responders to carry and administer naloxone in accordance with the Massachusetts First Responder Training regulations, and institutes procedures to ensure that the naloxone is packaged and dispensed properly.

114 CMR Division of Health Care Finance and Policy 114.3 6.00 Rates of Payment for Mental Health Services Provided by Community Health Centers and Mental Health Centers 85 Repeals regulation 114.6 14.00 Health Safety Net Payments and Funding 87 Repeals Regulation.

130 CMR Division of Medical Assistance 429.000 Mental Health Center Services 89 Conforms and clarifies 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.

205 CMR Massachusetts Gaming Commission 125.00 Surrounding Communities 91 Sets forth the arbitration procedure between gaming applicants and surrounding communities.

430 CMR Division of Unemployment Assistance 5.00 Employer Requirement Series 93 Changes the due date of employer contributions for the first quarter of 2014 only. The immediate amendment of 430 CMR. 5.03(4) is necessary for the preservation of the general welfare to promote the timely payment of eligible claims for unemployment and the adequate funding of the unemployment insurance trust fund.

961 CMR State Lottery Commission 2.00 Rules and Regulations 95 Amends the regulations for the Lucky For Life game.

Permanent Regulations

211 CMR Division of Insurance 7.00 Financial Surveillance of Massachusetts Insurance Holding Company Systems 97 Brings the provisions of 211 CMR 7.00 into compliance with national standards relative to disclosure requirements and monitoring of enterprise risk as it relates to domestic insurance companies that are members of an insurance holding company system. The changes are also necessary to assure that the Division of Insurance continues to be accredited by the National Association of Insurance Commissioners (“NAIC”).

321 CMR Division of Fisheries and Wildlife 3.00 Hunting 99 Establishes the rules for taking amphibians in the Commonwealth, including snapping turtles. Eliminates the harvest of wild snapping turtles for commercial purposes and further limit their harvest for personal use. 4.00 Fishing 101 Establishes the rules for harvest, possession and sale of certain inland fish species in the Commonwealth.

603 CMR Board of Elementary and Secondary Education 1.00 Charter Schools 103 Provides uniform rules & procedures governing the establishment of charter schools. The amendments are comprehensive & align the regulations with current guidance & policy, strengthen aspects of the charter school accountability system and align it more closely with the statewide accountability system, revises certain provisions regarding eligibility for new charters, increases enrollment of new students by prohibiting "rolling" waitlists and modifying requirements for filling admission spots that become available during a school year, specifies the roles and responsibilities of boards of trustees, changes the procedural requirements for amendments to charters, and clarifies the processes for imposition of conditions, probation, and closure. 28.00 Special Education 105 Governs the provision by Massachusetts public schools of special education and related services to eligible students and the approval of public or private day and residential schools seeking to provide special education services to publicly funded eligible students. The amendments are technical amendments to ensure consistency with the law (M.G.L. c. 71, § 94) on virtual schools.

48.00 Innovation Schools 107 Provides uniform rules and procedures governing the establishment of innovation schools. The amendments repeal the provisions relating to virtual innovation schools, in accordance with those provisions of St. 2012, c. 379, which eliminated virtual innovation schools and replaced such schools with Commonwealth Virtual Schools.

780 CMR Board of Building Regulations and Standards 1.00 Scope and Administration 109 Provides the scope of, and administrative requirements for, the entire building code. Amends the International Building Code, 2009 edition (IBC) to address MA General Laws and other issues unique to MA. Combines (embed) the amendments into the (IBC) text for ease of use. Adjusts several sections to add clarity, in particular Section 107, Construction Control, but the requirements of Chapter 1 have not changed. 2.00 Definitions 111 Provides definitions for terms used in the building code. Replaces the definition of owner to address circumstances not clearly covered by the current definition, especially in regard to State owned buildings. Substitutes the definition of Registered Design Professional for Registered Design Professional in Responsible Charge to clarify the intent that these terms, used primarily in Chapters 1 and 17, should have the same meaning. 5.00 General Building Heights and Areas 113 Provides regulations governing the allowable heights and areas of buildings considering construction type and other criteria. Reinstates the allowance to construct taller residential buildings if compliant fire sprinkler systems are installed. 9.00 Fire Protection Systems 115 Provides regulations for fire protection systems. In general, reduces the changes to the virgin IBC language in an effort to meet that intention of the BBRS. The Fire Prevention/Fire Protection (FPFP) advisory committee to BBRS prepared these revisions after reviewing the performance of their initial recommendations that were implemented when the current code was first released in August 2010. One specific change corrects a conflict found with the fire code regarding the need for carbon monoxide detectors. 34.00 Existing Structures 117 Provides requirements for existing commercial and large residential structures. These amendments are a direct result of the BBRS direction to its advisory committees to reduce regulations and target those regulations that add to the cost of construction without commensurate life safety benefits.

961 CMR State Lottery Commission 2.00 Rules and Regulations - Compliance 119

34 H 2844 Authorizing the Conveyance or Lease of a Parcel of Land in the 2/20/2014 City of Northampton for Park, Recreation or Open Space Purposes.

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 2/21/2014 of the Department of Developmental Services.

37 H 3831 Authorizing the City of Salem to Convert 1 Seasonal License to 2/21/2014 an Annual License for the Sale of Wines and Malt Beverages to be Drunk on the Premises.

38 S 1993 Further Limiting the Liability of Persons Rendering Certain 2/21/2014 Emergency Medical Care.

39 H 3880 Relative to the Terms of Certain Bonds to be Issued by the 3/4/2014 Commonwealth.

40 S 2000 Establishing a Sick Leave Bank for Richard Maynard, an 3/4/2014 Employee of the Trial Court.

41 S 1851 Authorizing the City of Fall River to use Certain Park Land for 3/4/2014 Combined Sewer Overflow Control.

42 S 1919 Relative to Newborn Pulse Oximetry Screenings for Congenital 3/6/2014 Heart Defects.

43 H 3934 Relative to Unlawful Sexual Surveillance. 3/7/2014

44 S 1794 Authorizing the Town of Arlington to Establish a Special Account 3/11/2014 for the Purchase, Installation and Maintenance of Public Works of Art.

45 H 45 Establishing a Sick Leave Bank for Margaret C. Henderson, an 3/11/2014 Employee of the Executive Office of Health and Human Services.

46 H 3518 Relative to the Membership of the Conservation Commission in 3/14/2014 the Town of Dedham.

47 H 3818 Relative to the Parks and Recreation Commission in the Town of 3/14/2014 Hardwick.

48 H 3736 Encouraging the Improvement, Expansion and Development of 3/14/2014 Military Installations in the Commonwealth.

49 S 1939 Regulating Sewer Betterment Assessments in the Town of 3/14/2014 Falmouth.

50 H 3834 Eliminating the Board of Public Works in the Town of Acushnet. 3/14/2014

51 S 1998 Establishing a Sick Leave Bank for Angela Furey, an Employee 3/14/2014 of the Trial Court.

52 H 3947 Making Appropriations for the Fiscal Year 2014 to Provide for 3/17/2014 Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects.

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 3/24/2014 Revenue Fund in the City of Marlborough.

56 S 1531 Authorizing the Commissioner of Capital Asset Management and 3/24/2014 Maintenance to Grant Easements over Certain Parcels of Land to the Town of Amherst.

57 H 3750 Authorizing the Town of Hadley to Grant 6 Additional Licenses 3/26/2014 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.

58 S 873 Relative to Private Construction Contracts. 3/26/2014

59 H 3688 Authorizing the Town of Burlington to Grant Additional Alcoholic 4/2/2014 Beverages Licenses.

60 H 3791 Authorizing the Town of Winchester to Continue Employment of 4/2/2014 Police Chief Kenneth C. Albertelli.

61 H 3509 Relative to Insurance Proceeds from Property Claims in the 4/2/2014 Town of Northborough.

62 S 2052 Relative to Veterans' Allowances, Labor, Outreach and 4/3/2014 Recognition.

JOHN W. POLANOWICZ Secretary

Administrative Bulletin 14-08

101 CMR 357.00: Money Follows the Person Waiver Services

Effective April 1,2013

Employer Expense Component for Self-Directed Workers

The Executive Office of Health and Human Services is issuing this Administrative Bulletin, pursuant to 101 CMR 357.01(3), to notify interested parties of the Employer Expense Component* of the Self-Directed Worker rates contained in 101 CMR 357.03(5). The Employer Expense Component for each of the Self-Directed Worker rates contained in 101 CMR 357.03(5) is listed below.

Self- Employer Self-Directed Directed Expense Final Service Unit Worker Rate Base Rate Component Rate

Adult Per 15 $4.55 $4.55 $4.02 $0.53 $4.55 Companion mm

Per 15 89.75% of Chore $6.32 $5.58 $0.74 $6.32 mm Agency Rate

Per 15 89.75% of Homemaker $4.55 $4.02 $0.53 $4.55 min Agency Rate

Individual Same as Support & Per 15 $5.83 $5.15 $0.68 Individual $5.83 Community mm Provider Rate Habilitation

Per 15 89.75% of Peer Support $5.59 $4.94 $0.65 $5.59 mm Agency Rate

Per 15 See 101 CMR $3.68 $3.25 $0.43 $3.68 Personal Care min 357.03(1)

*As defined under 101 CMR 357.02, the Employer Expense Component is the portion of the Self-Directed Worker rate that is designated for the mandated employer share of FICA, federal and state unemployment taxes, Medicare, and Workers' Compensation premiums.

NOTICES OF PUBLIC REVIEW OF PROSPECTIVE REGULATIONS PUBLISHED IN COMPLIANCE WITH M.G.L. c. 30A, §§ 2 AND 3

April 11, 2014

Boxers’ Fund Board 529 CMR 2.00 4/25/14 @ 10:00 A.M. A two week public comment period will follow.

Correction, Department of 103 CMR 924.00 4/22/14 @ 10:00 A.M. Written presentations accepted prior to 4/22/14 or at hearing.

Deaf and Hard of Hearing, 112 CMR 3.00 5/3/14, 10:00 A.M. - 12:00 Commission for the P.M. Written comments accepted until 5/6/14.

Environmental Protection, 310 CMR 4.00 4/22/14 @ 10:00 A.M.; Department of 4/23/14 @ 10:00 A.M.; 4/23/14 @ 2:00 P.M. Written testimony accepted until 5/5/14 @ 5:00 P.M.

310 CMR 36.00 5/1/14; 5/5/14; 5/7/14; 5/8/14; 5/12/14; 5/14/14. For each hearing date, there will be a presentation from 10:00 A.M. - 11:30 A.M. with the hearing to follow at 12:00 P.M. - 2:00 P.M. Written Comments accepted until 6/10/14 @ 5:00 P.M.

Health Care Finance and Policy, 114.3 CMR 6.00 5/5/14 @ 10:00 A.M. Written Division of testimony accepted until 5/15/14 @ 5:00 P.M.

114.4 CMR 13.00 5/6/14 @ 10:00 A.M. Electronic and written testimony accepted until 5/16/14 @ 5:00 P.M.

101 CMR 413.00 5/6/14 @ 10:00 A.M. Electronic and written testimony accepted until 5/16/14 @ 5:00 P.M.

Medical Assistance, Division of 130 CMR 429.00 Comments accepted until 5/2/14 @ 5:00 P.M.

Public Health, Department of 105 CMR 171.000 & 4/25/14 @ 10:00 A.M. 700.000 Written comments accepted until 4/25/14 @ 5:00 P.M.

105 CMR 445.000 4/28/14 @ 10:00 A.M. Electronic and written testimony accepted until 4/28/14 @ 5:00 P.M.

State Lottery Commission 961 CMR 2.00 4/22/14 @ 9:00 A.M. Written comments accepted in advance of the public hearing.

~tr.v fd'//;J )"2)"S)"82 Thomas G. Gatzunis, P.E. Commissioner .!7YWfo'u:J ?..??-tltl/.9

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Boxers' Fund Board 529 CMR 2.00 NOTICE OF PUBLIC HEARING

Under the provisions ofM.G.L. c. 30A, and pursuant to M.G.L. c.6, §99, the Boxers' Fund Board will hold a public hearing for the purposes of gathering comments, ideas, and information concerning overall revisions to 529 CMR. The revisions incorporate the change in M.G.L. c.147, §40A requiring that financial need be based on an injury sustained during an event, and update outdated provisions, including those limiting eligibility for funds to boxers only, rather than all fighters regulated by the State Athletic Commission. Ae.,O:c>o,A."., The public hearing is scheduled for April 25, 2014, in the Department of Public Safety conference room on the 13th Floor of the McCormack Building at One Ashburton Place, Boston, MA 02108.

Copies of the proposed regulation may be obtained from the Department of Public Safety'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 the matter should appear at the designated time and place. A two-week public comment period will follow.

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 Regulation: Department of Public Safety

Subject Matter of Regulation:Administration of the Boxers' Fund Board

Regulation No: 529 CMR 2. 00

Statutory Authority: M.G.L. c. 6 s. 99

Other Agencies Affected: None

Other Regulations That May Duplicate or Conflict with the Regulation: None

Describe the Scope and Objectives of the Regulation: The regulations outline the eligibility requirements for obtaining assistance from the Boxers' Fund and other standards of the Board.

Business Industry(ies) Affected by the Regulation: Industries affected by the regulation will include entertainment and recreation businesses involved in various forms of unarmed combat.

Types of Businesses Included in the Industry(ies): Types of businesses included in the industry will include entertainment and recreation businesses involved in various forms of unarmed combat.

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: A search of the Dynamic Small Business Impact Tool for NAlCS codes 71121 (Spectator Sports), 71129 (Other Spectator Sports), 711310 (Promoters of Performing Arts, Sports, and Similar Events with Facilities), 711320 (Promoters of Performing Arts, Sports, and Similar Events without Facilities), and 711410 (Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures) revealed a total of 3 small business included in the regulated industry.

Number of Small Businesses Potentially Subject to the Proposed Regulation: After reviewing the three small businesses included in the regulated industry, there are zero small businesses potentially subject to the proposed regulation.

Effective Date Used In Cost Estimate: April 2013

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 tluu were used to quantify tile impacts outlined below.

Yes No Will small businesses have to create, file, or issue additional reports? D rgJ

Yes No Will small businesses have to implement additional record keeping procedures?

Yes No Will small businesses have to provide additional administrative oversight? 0 ~

Yes No Will small businesses have to hire additional employees in order to comply with the 0 ~ proposed regulation?

Yes No Does compliance with the regulation require small businesses to hire other professionals 0 ~ (e.g. a lawyer, accountant, engineer, etc.)?

Yes No Does the regulation require small businesses to purchase a product or make any other 0 ~ capital investments in order to comply with the regulation?

Yes No Are performance standards more appropriate than design standards? 0 ~

Yes No Does the regulation require small businesses to cooperate with audits, inspections, or 0 ~ other regulatory enforcement activities?

Yes No Will the regulation have the effect of creating additional taxes and/or fees for small 0 ~ businesses?

Yes No Does the regulation require small businesses to provide educational services to keep up to 0 ~ date with regulatory requirements?

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts? 0 ~

Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? 0 ~

Yes No Can the regulation provide for less stringent compliance or reporting requirements for 0 ~ small businesses?

Yes No Can the regulation establish less stringent schedules or deadlines for compliance or 0 ~ reporting requirements for small businesses?

Yes No Can the compliance or reporting requirements be consolidated or simplified for small 0 ~ businesses?

Yes No Can performance standards for small businesses replace design or operational standards? 0 ~

Yes No Were any small businesses or small business organizations contacted during the 0 ~ preparation of this document? If so, please describe.

COMMONWEALTH OF MASSACHUSETTS Nancy Ankers White General Counsel DEPARTMENT OF CORRECTION

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE FOLLOWING REGULATION:

COUNTY CORRECTIONAL FACILITIES- SECURITY & CONTROL, 103 CMR 924.00; -0 Pursuant to the provisions of G.L. c. 30A, § 2, notice is:E hereby given of the proposed amendments to the following ~ regulation: ~en

103 CMR 924.00, County Correctional Facilities- Security & Control. The proposed changes limit the use of restraints on pregnant and post-partum inmates, while those inmates are in transit or receiving medical attention.

The Department of Correction shall hold a public hearing on the proposed amendments to the regulation at 10:00 AM, Tuesday, April 22, 2014, at the McCormack Building, One Ashburton Place, 21st floor, Conference Room 2, Boston, MA.

At such time and place, all interested parties shall be afforded an opportunity to orally present data, views or arguments relative to the proposed actions. Written presentations may be made at the hearing or at any time prior to April 22, 2014, by directing the same to Department of Correction, Legal Division, 70 Franklin Street, Suite 600, Boston, MA 02110. Attn: Tabitha M. Schneider, Regulations Counsel.

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 designed to aid promulgating authorities in conducting their analysis.

Agency Submitting Regulation: Department of Correction

Subject Matter of Regulation: County Correctional Facilities- Security and Control

Regulation No: 103 CMR 924

Statutory Authority: M.G.L. c. 124, § (1) (c), (d) and (q); 127 §§ lA and IB

Other Agencies Affected: The only agencies and business(es) that would be affected by the regulation is the County Correctional Facilities.

Other Regulations That May Duplicate or Conflict with the Regulation: None

Describe the Scope and Objectives of the Regulation: The regulation establishes rules and regulations to maintain physical security at the county correctional facilities. The posed changes limit the use of restraints on pregnant and post-pactum inmates, while those inmates are in transit or receiving medical attention.

Business Industrv(ies) Affected by the Regulation: The only businesses that would be affected by the regulation is the County Correctional Facilities.

Types of Businesses Included in the Industry(ies): N/ A

Total Number of Small Businesses Included in the Regulated Industry(ies): Zero (0)

Number of Small Businesses Potentially Subjected to the Proposed Regulation: Zero (0)

Effective Date Used in Cost Estimate: March 27, 2014

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 below.

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. Will small businesses have to create, file, or issue additional reports? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Will small businesses have to implement additional recordkeeping procedures? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Will small businesses have to provide additional administrative oversight? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Will small businesses have to hire additional employees in order to comply with the proposed regulation? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Does compliance with the regulation require small businesses to hire other professionals (e.g, a lawyer, accountant, engineer, etc.)? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Does compliance with the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Are performance standards more appropriate than design standards? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Will the regulation have the effect of creating additional taxes and/or fees for small businesses? X Not applicable. The only business(es) that would be affected by the

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. regulation is the County Correctional Facilities. Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Is the regulation likely to deter the formation of small businesses in Massach usetts? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Is the regulation likely to encourage the formation of small businesses in Massachusetts? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Can the regulation provide for less stringent compliance or reporting requirements for small business? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Can the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Can the compliance or reporting requirements be consolidated or simplified for small businesses? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Can performance standards for small businesses replace design or operational standards? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Are there alternative regulatory methods that would minimize the adverse impact on small businesses? X Not applicable. The only business(es) that would be affected by the regulation is the County Correctional Facilities. Were any small businesses or small business organizations contacted during the preparation of this document? If so, please X describe.

Deval L Patrick Governor Massachusetts Commission (617) 740-1600 Voice Timothy P. Murray (617) 326-7546 VP Lieutenant Governor for the (617) 740-1700 TIY . John Polanowicz, (800) 882-1155 Voice MD. Secretary Deaf and Hard of Hearing (800) 530-7570 TTY Heici L. Reed (617) 740-1810 Fax Commissioner http://www.mass.gov/mcdhh

NOTICE OF PUBLIC HEARING and PUBLIC COMMENT PERIOD

PUBLIC HEARING

In accordance with Massachusetts General Laws, Chapter 6, Section 75. and 78, the Massachusetts Commission for the Deaf and Hard of Hearing will hold one public hearing to consider proposed amendments to the regulation covering Interpreter Services for the Deaf and Hard of Hearing (112 CMR 3.00 - 3.06: Interpreter Services for the Deaf and Hard of Hearing: Procedures and Structures for the Provision of Interpreters for the Deaf and Hard of Hearing by State Agencies).

SCHEDULED HEARING DATE Saturday, May 3, 2014 10:00 am to 12:00 noon

LOCATION College of the Holy Cross Hogan Campus Center Room 304 (Near Parking Lot A on Upper Campus Road) 1 College Street Worcester, MA 01610

Sign language interpreters and CART will be provided. Please contact Terry Walsh at the address below to request other auxiliary aids or services.

INFORMATION

Copies of the proposed regulation change will be available at the hearing or may be obtained in advance by writing to:

PUBLIC COMMENT PERIOD

The Commission will accept written comments on these proposed changes submitted on or before May 6, 2014. Written comments should be addressed to Teresa Walsh, Policy and Planning Director, at the above address.

SUBJECT MATTER

112 CMR 3.00 - 3.06: Interpreter Services for the Deaf and Hard of Hearing: Procedures and Structures for the Provision of Interpreters for the Deaf and Hard of Hearing by State Agencies. MCDHH now uses a Limited User Departmental Contract instead of a Statewide Contract as the contract vehicle for freelance interpreters, and the interpreter rates would be published in the Contract instead of in the regulation. Several other changes are also being proposed in an effort to make this effort more long-lived, such as eliminating specific names of constituent organizations and clarifying that MCDHH would solicit input from representatives of organizations or associations of deaf and hard of hearing persons in the Commonwealth.

MGL c. 30A, § 5A requires state agencies to produce a small business impact statement for existing regulations that are 12years old or older in order to evaluate whether the regulation continues to be necessary and to consider the economic impacts of that regulation on small businesses.

Agency Submitting Regulation Massachusetts Commission for the Deaf and Hard of Hearing

Regulation No. 112 CMR3.00

Statutory Authority M.G.L. c.6, sections 194 and 196

Scope & Objective of the Regulation The purpose of the regulation is to establish centralized structures (include a description of the and procedures to facilitate the provision and purchase of services circumstances that prompted the of interpreters for Deaf and Hard of Hearing by State Agencies. regulation) Industry(ies) & Business Types Interpreters whose services are contracted through the Statewide Affected.by the Regulation Master service Agreement and who provide services directly to or on behalf of a state agency or by a local business. Businesses that may be affected could include legal offices,hospitals, medical offices and others.

Estimated Number ofMA Contracted interpreters Businesses included in the Regulated Industry(ies) Estimated Number ofMA Small Compliance with the regulation is mandatory for state agencies Businesses Subject to the within the Executive Office. Small businesses would not be subject Regulation to this regulation but may choose to comply with it voluntarily.

Effective Date of Original 7/11/02 Regulation Last Time the. Regulation was 3/14/2014 Reviewed Date of Most Recent Amendment or Regulation has not been amended. Modification Today's Date 3/14/2014

To accurately predict the business impact of the regulation, the promulgating authority must conduct a thorough analysis that not only considers the effectiveness of the regulation but alternative means by which to manage the issue. The questions below are designed to aid promulgating authorities in conducting their analysis. Please answer yes or no, and provide a brief explanation in the boxes provided below.

1. Is this regulation statutorily mandated?

Yes No 3. Does this regulation overlap, duplicate or conflict with other federal, state or local 0 [gI governmental rules and regulations? If yes, please explain.

Yes No 4. Has technology, economic conditions or other factors changed in the subject areas [gI 0 affected by the regulation? If yes, please explain.

Yes No 5. Does the regulation create additional taxes and/or fees for small businesses? If so, are 0 [gI those taxes or fees directed to retained revenue accounts, General Fund or other? Please describe.

Yes No 6. Does the regulation require small businesses to undergo continuing education or provide 0 [gI educational services for employees to remain in compliance with regulatory requirements? If yes, please explain.

Yes No 7. Can the regulation meet its intended purpose with fewer or simplified administrative or 0 [gI reporting requirements? If yes, please explain.

Yes No 8. Are there alternative regulatory methods such as performance standards that would 0 [gI minimize impacts on small businesses? If yes, please explain.

Yes No 9. Do model rules or regulations exist to standardize our state's practices with those in 0 [gI place elsewhere in the country? If yes, please explain.

Yes No 10. Should this regulation be amended or rescinded? Please explain. [gI 0 The regulation should be amended to improve organization, readability and to better reflect current rates for interpreter services and rates of reimbursement for travel.

NOTICE

Notice is hereby given that the Executive Office of Energy and Environmental Affairs and Department of Environmental Protection (MassDEP), acting in accordance with the provisions of M.G.L. Chapter 21A, §18 and M.G.L. Chapter 21E § 3B will hold public hearings on proposed amendments to 310 CMR 4.00, Timely Action Schedule and Fee Provisions.

The proposed amendments add or delete permit fee categories; adjust permit review schedules and fee rates; clarify the applicability of fee categories; update or correct citations to provide statutory and regulatory consistency; and, delete expired fee categories or text for environmental programs for Air Quality, Hazardous Waste, Solid Waste, Water Supply, Watershed Management, Water Pollution Control, Wetlands and Waterways, and Waste Site Cleanup.

Public Hearings will be conducted under the provisions of Chapter 30A of the Massachusetts General Laws on:

Tuesday, April 22, 2014 -- Lakeville - 10:00 a.m. MassDEP Southeast Regional Office, 20 Riverside Drive, (508) 946-2700

Wednesday, April 23, 2014 -- Boston - 10:00 a.m. MassDEP Headquarters, One Winter Street, (617) 292-5500

Wednesday, April 23, 2014 -- Springfield - 2:00 p.m. MassDEP Western Regional Office, 436 Dwight Street, (413) 784-1100

Testimony may be presented orally or in writing at the public hearings. In addition, written comments will be accepted at the address below until 5:00 p.m. on Monday, May 5, 2014. Please submit three copies of any written comments to: Jay Eberle, 3rd Floor, Department of Environmental Protection, One Winter Street, Boston, MA 02108.

Please call Jay Eberle at (617) 556-1067 if you have questions concerning the public hearings or would like to request a copy of background documents on the proposed regulations. Copies of the regulations and background documents are also available on the MassDEP website at: http://www.mass.gov/eea/agencies/massdep/service/regulations/proposed-and-recentIy- promulgated-regulations-.html

This information is available in alternate format upon request to Michelle Waters-Ekanem, Diversity & Outreach Director at (617) 292-5751 or TDD# 1-866-539-7622 or 1-617-574-6868.

For special accommodations for this event, contact Jay Eberle at (617) 556-1067/0ne Winter Street, 3rd Floor, Boston, MA 02108.

By Order of the Department David yv ..Cash 9S:t WeI LZ M~W~t9Z Commissioner HOISII\ 0 S?·iOil'\lln93~ \0-11 c' .:In r ~·.rv'14\1J3S 31\t. ...L~ •....l.\'-.I \; •...0•

Agency Submitting Regulation: Department of Environmental Protection

Subject Matter of Regulation: Permit and annual compliance fee rates and timely action schedules for permit review.

Regulation No: 310 CMR 4.00

Statutory Authority: M.G.L. c. 21A, § 18 and M.G.L. c. 21E, 3B

Other Agencies Affected: State agencies that pay permit fees with rates over $100.00

Other Regulations That May Duplicate or Contlict with the Regulation: None.

Describe the Scope and Objectives of the Regulation: The regulations establish annual compliance fees, permit application fees, and schedules for timely action on the review of permit applications. These fees partially offset the costs of permit review and associated compliance and enforcement costs.

Business Industry(ies) Affected by the Regulation: Over 8,000 entities from a range of industries pay annual compliance fees and over 2,500 entities from a range of industries pay permit fees each year.

Types of Businesses Included in the Industry(ies): Sole proprietorships, partnerships, corporations, limited liability companies, limited liability partnerships, institutions, as well as individuals and municipalities.

Total Number of Small Businesses Included in the Regulated lndustry(ies) Please see the attached guidance documents for assistance determining the total number of small businesses: The U.S. Small Business Administration's Massachusetts State profile for 2010 indicates that 97.8% of the Commonwealth's employers are small businesses. Given that the overwhelming majority of businesses in the Commonwealth are small businesses and the broad applicability of DEP fees across industry sectors, the Department assumes that the number of small businesses included is in proportion to their overall percentage of the Commonwealth's employers in the various industrial sectors.

Number of Small Businesses Potentially Subject to the Proposed Regulation: Given that the overwhelming majority of businesses in the Commonwealth are small businesses, and the broad applicability of MassDEP fees, MassDEP assumes that small businesses represent a large percentage of entities subject to these fees.

Effective Date Used In Cost Estimate: August 8, 2013

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 below.

0 ~ Will small businesses have to create, file, or issue additional reports?

These regulatory changes affect existing permit and compliance fees and do not require the

Yes No Will small businesses have to implement additional recordkeeping procedures?

0 ~ These regulatory changes affect existing permit and compliance fees and will not require additional recordkeeping procedures.

Yes No Will small businesses have to provide additional administrative oversight?

0 ~ These regulatory changes affect existing permit and compliance fees and will not require additional administrative oversight.

Yes No Will small businesses have to hire additional employees in order to comply with the proposed regulation? These regulatory changes affect existing permit and compliance fees 0 ~ and will not require the hiring of additional employees.

Yes No Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)? These regulatory changes affect existing permit 0 ~ and compliance fees and will not require the hiring of other professionals.

) Yes No Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation? These regulatory changes affect D ~ existing permit and compliance fees and do not require the purchase of a product or any other capital investment.

Yes No Are performance standards more appropriate than design standards? These regulatory changes affect existing permit and compliance fees and do not address performance or design 0 ~ standards.

Yes No Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities? These regulatory changes affect existing permit and D ~ compliance fees and do not subject a small business to any additional audits, inspections, or any other regulatory enforcement activities.

Yes No Will the regulation have the effect of creating additional taxes and/or fees for small businesses? The proposed regulation amendments add new fee categories, delete current fee ~ 0 categories no longer supported in program regulations, and raise or lower fees rates to reflect changes in the level of service provided.

Yes No Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements? These regulatory changes affect existing permit and D ~ compliance fees and will not require any additional educational services.

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts?

0 ~ These regulatory changes affect existing permit and compliance fees and are not likely to deter the formation of small businesses.

Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts?

0 ~ These regulatory changes affect existing permit and compliance fees and are not likely to affect the formation of small businesses.

Yes No Can the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses? These regulatory changes do not impose 0 ~ reporting requirements.

Yes No Can the compliance or reporting requirements be consolidated or simplified for small businesses? These regulatory changes do not impose reporting requirements. 0 ~

Yes No Can performance standards for small businesses replace design or operational standards?

0 ~ These regulatory changes do not address performance, design, or operational standards.

Yes No Are there alternative regulatory methods that would minimize the adverse impact on small businesses? The proposed amendments support changes in other program regulations 0 ~ and set permit review schedules and fee rates to reflect the level of service provided.

Yes No Were any small businesses or small business organizations contacted during the preparation of this document? If so, please describe. Changes to the Fee Regulations are 0 ~ reviewed by members of the Commissioner's Program Improvements and Fees Advisory Committee and other organizations or agencies which represent a variety of viewpoints. Upon approval of these draft regulations, MassDEP will begin outreach to the Advisory Committee and interested stakeholders.

OcVAc. L PATRICK rilCHARO K. SULLIVAN JR. Governor Secretary

KENNCTH L. KIMMELL Commissioner

Public Notice

Pursuant to M.G.L. c. 30A, the MA Department of Environmental Protection (MassDEP) gives notice of its intent to amend the Water Resources Management Program Regulations (310 CRM 36.00) promulgated under the Massachusetts Water Management Act ( M.G.L. c. 21G). The proposed regulations and draft permitting guidance are available from the MassDEP website at: www.mass.gov/eea/agencies/massdep/news/comment.

Summary Water Resources Management Program regulations establish enforceable standards, criteria and procedures (including permit procedures) to implement the Water Management Act (WMA) in order to comprehensively manage water withdrawals through the Commonwealth to ensure an appropriate balance among cometing water needs and the preservation of water resources. Water withdrawers typically requiring a WMA permit include public water suppliers, 18-hole golf courses, cranberry growers, ski areas, sand and gravel facilities, fish hatcheries, and agricultural and industrial users. WMA permitting requirements apply to approximately 190 public water supply systems and an additional 140 other users with permits.

The proposed revisions to the WMA regulations incorporate a new methodology for calculating "safe yield" and the concept of "streamflow criteria" as developed through the multiyear Executive Office of Energy and Environmental Affairs (EEA) stakeholder process known as the Sustainable Water Management Initiative (SWMI). SWMI was started in 2010 by EEA for the purpose of incorporating the best available science into the management of the Commonwealth's water resources and involved a wide range of stakeholders and support from EEA, the Department of Environmental Protection, the Department of Fish and Game, and the Department of Conservation and Recreation.

The draft regulations reflect a carefully developed balance to protect the health of our waterbodies while meeting the needs of businesses and communities for water. The regulatory package also clarifies WMA permitting requirements and processes.

The proposed amendments incorporate the following SWMI-related elements: • Safe Yield: A new methodology for calculating the amount of water that can be withdrawn from a basin. (310 CMR 36.13) • Baseline: The volume of water against which MassDEP will measure a permit renewal applicant's requested volume. • Streamflow Criteria: Permitting criteria that protect the ecological uses of waterways by specifying flow alteration goals and corresponding mitigation requirements when water withdrawals conflict with these goals. (310 CMR 36.14,36.19,36.20 and 36.22)

This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868 MassDEP Website: www.mass.gov/dep

Printed on Recycled Paper

In addition to regulatory amendments incorporating the key elements of SWMI, MassDEP is also proposing amendments to: • Delete regulations pertaining only to the first round of registrations that are now outdated (formerly 310 CMR 36.07); • Incorporate the substantive provisions of existing policies that exempt certain withdrawals from regulation (310 CMR 36.05); • Update the provisions for modification or transfer of registrations (310 CMR 36.08 and 36.09); • Include regulations for water supply emergencies (310 CMR 36.41 through 36.43); • Incorporate the substantive provisions of existing policy on replacement wells (310 CMR 36.03, 36.08(1)); • Update basin expiration dates (310 CMR 36.17).

Public Comments and Hearings DEPwill give public presentations on SWMI and related changes to the WMA permit process and conduct public hearings on the proposed changes at the following locations and times. Comments on all proposed revisions may be presented orally or in writing at the public hearings. Written comments will also be accepted until 5:00 p.m. on Tuesday, June 10, 2014 and may be submitted electronically via email [email protected] or by direct mail to: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Water Management Regulatory Comment Box One Winter Street, s" floor Attention: Elizabeth McCann Boston, MA 02108

Public hearing dates and locations Thursday, May 1, 2014 Monday, May 5, 2014 Wednesday, May 7, 2014 Time: presentation 10:00 - 11:30 Time: presentation 10:00 - 11:30 Time: presentation 10:00 -11:30 public hearing 12:00 - 2:00 public hearing 12:00 - 2:00 public hearing 12:00 - 2:00 MassDEP Southeast Regional Office MassDEP Boston Office MassDEP Central Regional Office 20 Riverside Drive 2nd Floor Conference Rooms 627 Main Street Lakeville, MA 02347 One Winter Street Worcester, MA 01608 Boston, MA 02108

Thursday, May 8, 2014 Monday, May 12, 2014 Wednesday, May 14, 2014 Time: presentation 10:00 - 11:30 Time: presentation 10:00 - 11:30 Time: presentation 10:00 - 11:30 public hearing 12:00 - 2:00 public hearing 12:00 - 2:00 public hearing 12:00 - 2:00 MassDEP Western Regional Office Barnstable Country Department Wilmington Town Hall, Room 9 436 Dwight Street, 2nd Floor of Health and Environment 121 Glen Road Springfield, MA 01103 Old Harbor Conference Room Wilmington, MA 01887 3195 Main Street Barnstable, MA 02630

For questions about the public hearings, please contact Beth McCann at [email protected] or 617- 292-5901.

Agency Submitting Regulation: Department of Environmental Protection (MassDEP)

Subject Matter of Regulation: Water Management Act Permit Program

Regulation No: 310 CMR 36.00

Statutory Authority: Massachusetts Water Management Act, M.G.L. c. 21 G

Other Agencies Affected: • Department ofFish and Game and the Department of Conservation and Recreation will have expanded roles in consulting on potential environmental impacts of proposed water withdrawals under the proposed regulations. • Any agency needing a permit to withdraw more that 100,000 gallons per day from ground or surface waters.

Other Regulations That May Duplicate or Contlict with the Regulation: None

Describe the Scope and Objectives of the Regulation:

The regulations establish enforceable standards, criteria and procedures to comprehensively manage water withdrawals subject to the WMA throughout the Commonwealth to ensure an appropriate balance among competing water needs and the preservation ofthe water resource. The regulations incorporate the following provisions that may impact small business: • Safe Yield: A new methodology for calculating the amount of water that can be withdrawn from a basin. (310 CMR 36.13) • Streamflow Criteria: Permitting criteria that protect the ecological uses of waterways by specifying flow alteration goals and corresponding mitigation requirements when water withdrawals conflict with these . goals. (310 CMR 36.14, 36.19, 36.20 and 36.22) • Permit Review Categories: Permit review categories, or "tiers," describe the requirements for obtaining a WMA permit. Applicants seeking an increased withdrawal will generally be required to mitigate the volume of their increase, and applicants seeking to withdraw in an impaired basin will generally be required to minimize the impact of their withdrawal. (310 CMR 36.19,36.21,36.22 and 36.28(f) • Coldwater Fish Resources: Waters that support a population of coldwater aquatic life. Applicants whose withdrawals will impact a coldwater fish resource must submit a plan to minimize that impact. (310 CMR 36.02, 36.21(3)and (4),36.22 and 36.28 (3)(f))

Secondarily, the regulations include the following amendments that may affect small business: • Incorporate the substantive provisions of existing policies that better define when water withdrawals for cranberry cultivation and golf course irrigation require a permit. (310 CMR 36.06) • Update the provisions for modification or transfer of registrations for cranberry cultivation. (310 CMR 36.08 and 36.09) • Include regulations for water supply emergencies. (310 CMR 36.41 through 36.43)

Businesses and industries in Massachusetts typically regulated by the Water Management Act include cranberry growers with more than 4.33 acres in production (9.66 acres in production for growers who implement modern design and performance standards), garden centers and nurseries, sand and gravel mining operations, 18-hole golf courses (9-hole golf courses typically use less than 100,000 gallons per day during the irrigation season), ski facilities with snow-making operations and fish hatcheries.

Many individual small businesses that use 100,000 gallons per day or more have water provided by a municipal water supply system and so are not regulated by the Act. In addition, many small businesses that are subject to the WMA withdraw water pursuant to a registration, not a permit. MassDEP is not proposing any significant amendments to the regulations regarding registrations.

Types of Businesses Included in the Industry(ies):

Cranberry growers, garden centers and nurseries, sand and gavel mining operation, 18-hole golf courses, ski- facilities and fish hatcheries.

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:

Cranberry growers 42 currently permitted Golf courses 60 currently permitted Small industrial users 18 currently permitted Ski facilities, nurseries and fish hatcheries 12 currently permitted

Number of Small Businesses Potentially Subject to the Proposed Regulation:

Same as the above numbers of currently permitted entities. Most small businesses will be exempt from WMA permitting because they are supplied by a public water supplier or do not exceed the permitting threshold of 100,00 gallons of water per day.

Effective Date Used In Cost Estimate:

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 below.

Yes No Will small businesses have to create, file, or issue additional reports? ~ D For current permittees, additional plans and reports might be required as part of the permit application process depending on the volume of the requested water withdrawal and environmental conditions within the watershed. MassDEP believes this will be an infrequent requirement for small businesses.

Yes No Will small businesses have to implement additional record keeping procedures? ~ D For permittees, additional recordkeeping might be required as a condition of the permit depending on the size of the requested water withdrawal and environmental conditions within the watershed. MassDEP believes this will be an infrequent requirement for small businesses.

Yes No Will small businesses have to hire additional employees in order to comply with the 0 t:8J proposed regulation? No.

Yes No Does compliance with the regulation require small businesses to hire other professionals [8J 0 (e.g., a lawyer, accountant, engineer, etc.)? In some circumstances, depending on the size of the requested water withdrawal and environmental conditions within the watershed, small businesses might need to hire professionals to design or implement mitigation projects required as a condition of the WMA permit to offset impacts to streamflows. MassDEP believes this will be an infrequent requirement for small businesses.

Yes No Does the regulation require small businesses to purchase a product or make any other t:8J 0 capital investments in order to comply with the regulation? In some circumstances, depending on the size of the requested water withdrawal and environmental conditions within the watershed, small businesses might need to make capital investments to implement mitigation projects required as a conditions of the WMA permit to offset impacts to streamflows. MassDEP believes this will be an infrequent requirement for small businesses.

Yes No Are performance standards more appropriate than design standards? t:8J 0 Whenever appropriate, MassDEP has developed performance standards for permittees in place of design standards. MassDEP has collaborated with the Cape Cod Cranberry Growers Association to develop performance and design standards that reduce water use and reduce the regulatory burden for cranberry growers. MassDEP continues to collaborate with the landscaping and golf course industries to develop performance and design standards that reduce water use and minimize any regulatory burden for those businesses. Whenever possible, MassDEP includes Best Management Practices for specific industries, such as cranberry growers, landscape facilities and golf courses, as the first step to take in order to reduce water use and comply with permit conditions.

Yes No Does the regulation require small businesses to cooperate with audits, inspections, or other t:8J 0 regulatory enforcement activities? Water Management permits have always required this, and these regulations will continue to include these requirements.

Yes No Will the regulation have the effect of creating additional taxes and/or fees for small 0 t:8J businesses? No, there will be no increase in taxes, permit application fees or annual compliance fees for small businesses associated with these regulations.

Yes No Does the regulation require small businesses to provide educational services to keep up to 0 t:8J date with regulatory requirements? No. The regulations do not include requirements for education applicable to small businesses.

Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? 0 [gI No. The proposed changes are unlikely to affect the formation of new small businesses.

Yes No Can the regulation provide for less stringent compliance or reporting requirements for [gI 0 small businesses? The regulatory changes cannot provide for less stringent compliance requirements for small businesses. MassDEP has worked with the Cape Cod Cranberry Growers Association to simplify annual reporting requirements for cranberry growers and will work with landscaping and golf courses associations to develop simplified reporting requirements. MassDEP continues to develop an electronic reporting system that will give small businesses the option of electronic reporting.

Yes No Can the regulation establish less stringent schedules or deadlines for compliance or 0 [gI reporting requirements for small businesses? Requirements to mitigate impacts to streamflows will be required over the life of the 20-year permit. Mitigation must proceed in tandem with increases in withdrawals. Permittees that reduce water withdrawals through conservation will have less stringent requirements to mitigate the impact of their permitted withdrawals.

Yes No Can the compliance or reporting requirements be consolidated or simplified for small [gI 0 businesses? Changes to simplify reporting requirements (through simplified forms and electronic reporting options) for small businesses are under consideration or under development.

Yes No Can performance standards for small businesses replace design or operational standards? 0 [gI MassDEP continues to work with industry groups to incorporate performance standards into WMA permitting requirements. However, performance standards for small businesses are not directly incorporated into these regulations.

Yes No Are there alternative regulatory methods that would minimize the adverse impact on [gI 0 small businesses? Permits will continue to require water conservation as the preferred means to protect environmental resources. Small businesses that reduce their need for increasing water withdrawals will be subject to less stringent requirements to mitigate impacts on streamflows.

Yes No Were any small businesses or small business organizations contacted during the [gI 0 preparation of this document? If so, please describe. EEA agencies have participated in numerous informal stakeholder discussions on key elements of SWMI and the proposed regulation revisions and given formal presentations for Massachusetts Municipal Association, MCLE - Environmental and Land Use Law Annual Conference, the Irrigation Association of New England, Massachusetts Associations of Conservation Commissions, Citizen Planner Training Collaborative, MA Environmental Business Council, American Council of Engineering Companies - MA Division, New England Water and Environment Association, the Massachusetts Nursery and Landscape Association, the Massachusetts Flower Growers' Association, and the Cape Cod Cranberry Growers Association.

Tel.: 617-573-1600 DEVAL 1. PATRICK Fax: 617-573-1890 Governor www.mass.govjeohhs

JOHN W. POLANOWICZ NOTICE OF PUBLIC HEARING Secretary 114.3 CMR 6.00 Pursuant to the provisions of M.G.L. c.118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a public hearing on Monday, May 5, 2014 at 10:00 a.m. at the Center for Health Information and Analysis, Two Boylston Street, 5th floor, Boston, MA 02116 relative to the emergency adoption of:

101 CMR 306.00: Rates of Payment for Mental Health Services Provided in Community Health Centers and Mental Health Centers

and the emergency repeal of:

114.3 CMR 6.00: Rates of Payment for Mental Health Services Provided in Community Health Centers and Mental Health Centers

These actions are being taken in order to comply with c. 224 of the Acts of 2012, which transferred authority for this regulation from the Division of Health Care Finance and Policy in M.G.L. c. 118G to the Executive Office of Health and Human Services (EOHHS) in M.G.L. c. 118E. 101 CMR 306.00 replaces 114.3 CMR 6.00 as the regulation governing payment rates for outpatient mental health services provided by mental health centers and community health centers, and contains amendments as well. It is being adopted on an emergency basis, and applies to dates of service beginning January 1, 2014, in order to comply with St. 2013, c. 118, § 32, which requires the rates to be effective January 1, 2014.

These amendments are being adopted to implement the requirements of St. 2013, c.118, §32, which requires MassHealth to implement Current Procedural Terminology (CPT) evaluation and management (ElM) codes for behavioral health services and to pay the medicallsurgical rate for such covered codes. It also requires updates of community mental health center rates, which includes rates for behavioral health services in community health centers, effective January 1, 2014. The new rates for family therapy (90847), multiple family group therapy (90849), group therapy (90853), and a medical management code (90882) formerly referred to as case consultation are established on a 'per visit' basis, rather than on a "per % hour" basis, in order to implement the "one unit" limit applicable to those codes due to the federal National Correct Coding Initiative (NCCI). In addition, the regulations reflect updates to code descriptions.

The emergency adoption of 101 CMR 306.00 to replace 114.3 CMR 6.00 will increase the payment rates for non-ElM services provided on and after January 1,2014 by an average of 7.95% annually and reflect review and analysis of the current rates informed by provider FY 2012 Uniform Financial Report cost report data. For most services the new rates use existing productivity standards, and cap administrative expenses at the 75th percentile of reported unit costs. The amendments also replace the current code for Medication management (90862 at $40.91) with a series of Evaluation and Management (ElM) codes and related modifiers. The rates for these codes are proposed to be the same as contained in the pricing regulations for physician payments at 101 CMR 317.00, and range from $15.41 to $154.28.

EOHHS is making these changes to ensure that payments are reasonable and adequate to meet the costs that must be incurred by efficiently and economically operated providers. It is estimated that

Individuals that notify EOHHS of their intent to testify at the hearing will be afforded an earlier opportunity to speak. Speakers may notify EOHHS of their intention to testify at the hearing by registering online at [email protected]. Individuals may also submit written testimony by [email protected]. Please submit electronic testimony as an attached Word document or as text within the body of the email with the name of the regulation in the subject line. All submissions must include the sender's full name and address. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony must be submitted by 5:00 p.m. on Thursday, May 15, 2014. Copies of the emergency adopted regulation are available for inspection and/or purchase at EOHHS or viewed at EOHHS's website at www.mass.gov/eohhs/gov/laws- regs/hhs/eohhs-regulations. html.

Agency Submitting Regulation: Executive Office of Health and Human Services

Subject Matter of Regulation: Rates of Payment for Mental Health Services Provided in Community Health Centers and Mental Health Centers

Regulation No: 114.3 CMR 6.00

Statutory Authority: M.G.L. c. 118E

Other Agencies Affected: MassHealth

Other Regulations That May Duplicate or Conflict with the Regulation: None

Describe the Scope and Objectives of the Regulation: Regulation 114.3 CMR 6.00 governs the payment rates for mental health services provided in community health centers and mental health centers.

Business Industry(ies) Affected by the Regulation: Community health centers and mental health centers which provide mental health services to publicly-aided individuals.

Types of Businesses Included in the Industry(ies): Community health centers and mental health centers which provide mental health services to publicly-aided individuals.

Total Number of Small Businesses Included in the Regulated Industry(ies) Please see the attached guidance documentsfor assistance determining the total number ofsmall businesses: There are currently 96 community health centers and mental health centers which provide mental health services to publicly-aided individuals.

Number of Small Businesses Potentially Subject to the Proposed Regulation: There are currently 96 community health centers and mental health centers which provide mental health services to publicly-aided individuals.

Effective Date Used In Cost Estimate: January 1,2014

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 below.

Yes No Will small businesses have to create, file, or issue additional reports? D [8]

Yes No Will small businesses have to implement additional record keeping procedures? D [8]

Yes No Will small businesses have to provide additional administrative oversight? D [8]

Yes No Does compliance with the regulation require small businesses to hire other professionals 0 [8J (e.g. a lawyer, accountant, engineer, etc.)?

Yes No Does the regulation require small businesses to purchase a product or make any other 0 [8J capital investments in order to comply with the regulation?

Yes No Are performance standards more appropriate than design standards? 0 [8J

Yes No Does the regulation require small businesses to cooperate with audits, inspections, or 0 [8J other regulatory enforcement activities?

Yes No Will the regulation have the effect of creating additional taxes and/or fees for small 0 [8J businesses?

Yes No Does the regulation require small businesses to provide educational services to keep up to 0 [8J date with regulatory requirements?

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts? 0 [8J

Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? 0 [8J

Yes No Can the regulation provide for less stringent compliance or reporting requirements for 0 [8J small businesses?

Yes No Can the regulation establish less stringent schedules or deadlines for compliance or 0 [8J reporting requirements for small businesses?

Yes No Can the compliance or reporting requirements be consolidated or simplified for small 0 [8J businesses?

Yes No Can performance standards for small businesses replace design or operational standards? 0 [8J

Yes No Are there alternative regulatory methods that would minimize the adverse impact on 0 [8J small businesses?

Tcl.:617-573-1600 DIWAL L. PATRICK Fax: 617-573-1890 Governor www.mass.gov Ieohhs 114.4 CMR 13.00 JOHN W. POLANOWICZ Secretary NOTICE OF PUBLIC HEARING Pursuant to the provisions of M.G.L. c.118E and in accordance with M.G.L. c. 30A, as amended, the Executive Office of Health and Human Services (EOHHS) will hold a public hearing on Tuesday, May 6,2014 at 10:00 a.m. at the Center for Health Information and Analysis, Two Boylston Street, 5th Floor, Boston, MA 02116, relative to the proposed adoption of:

101 CMR 413.00: Rates for Youth Intermediate-Term Stabilization Services

and the proposed repeal of:

114.4 CMR 13.00: Rates for Youth Intermediate-Term Stabilization Services

These actions are being taken in order to comply with c. 224 of the Acts of 2012, which transferred authority for this regulation from the Division of Health Care Finance and Policy in M.G. L. c. 118G to EOHHS in M.G.L. c. 118E. 101 CMR 413.00 replaces 114.4 CMR 13.00 as the regulation governing payment rate for Youth Intermediate-Term Stabilization Services (YITS) purchased by governmental units. These are programs that provide a child, adolescent, or young adult temporary housing in a specialized residential or hospital setting to provide comprehensive services, and to promote stabilization and transition to (1) a less restrictive setting, (2) a permanent family home, (3) independence, or (4) another type of adult program.

The proposed amendments increase the rates for Clinically Intensive Youth Residential Substance Use Disorder Treatment services from $200.24 to $230.19 per diem, effective July 1, 2014. These are comprehensive alcohol and drug treatment services provide in a residential setting for up to 90 days, to give 13-17 year old youth in crisis a proper environment in which to receive assessment, care supervision and medical monitoring necessary for their physical and emotional stabilization. The rate was developed using a model budget based on FY 2011 Uniform Financial Report data. A cost adjustment factor of 2.05% was applied. A relief factor of 15.8% was used to ensure sufficient staffing support, which increased FTEs by 1.5. The proposal also increases the Nurse FTEs from 0.1 to 0.25. Tax and fringe was set at 22%, consistent with the current rate structure, and a utilization factor of 85% was used. Staff salaries were calculated using various existing benchmarks in the YITS programs.

EOHHS is proposing this regulation to ensure that payments are reasonable and adequate to meet the costs that must be incurred by efficiently and economically operated providers. It is estimated that annual aggregate Department of Public Health expenditures will increase by $864,000 as a result of this regulation. There is no fiscal impact on cities and towns. The amendments do not impose new costs on small businesses; the impact on small business providers will vary based on the volume of services provided.

Agency Submitting Regulation: Executive Office of Health and Human Services

Subject Matter of Regulation: Payments for Youth Intermediate Term Stabilization Services

Regulation No: 114.4 CMR 13.00

Statutory Authority: M.G.L. c. 118E

Other Agencies Affected: Department of Public Health

Other Regulations That May Duplicate or Conflict with the Regulation: None

Describe the Scope and Objectives of the Regulation: 114.4 CMR 13.00 establishes rates of payment to eligible providers of youth intermediate-term stabilization services to publicly assisted clients.

Business Industry(ies) Affected by the Regulation: Providers of youth intermediate-term stabilization services to publicly assisted clients.

Types of Businesses Included in the Industry(ies): Providers of youth intermediate-term stabilization services.

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: There are four providers of the type of youth intermediate-term stabilization services covered by the substantive changes in this regulation (substance use disorder treatment).

Number of Small Businesses Potentially Subject to the Proposed Regulation: The four providers of youth intermediate-term stabilization services which provide substance use disorder treatment services..

Effective Date Used In Cost Estimate: July 1, 2014

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 below.

Yes No Will small businesses have to create, file, or issue additional reports? 0 ~

Yes No Will small businesses have to implement additional recordkeeping procedures? 0 ~

Yes No Will small businesses have to provide additional administrative oversight? 0 ~

Yes No Will small businesses have to hire additional employees in order to comply with the

Yes No Does compliance with the regulation require small businesses to hire other professionals D [8] (e.g. a lawyer, accountant, engineer, etc.)?

Yes No Does the regulation require small businesses to purchase a product or make any other D [8] capital investments in order to comply with the regulation?

Yes No Are performance standards more appropriate than design standards? D [8]

Yes No Does the regulation require small businesses to cooperate with audits, inspections, or D ~ other regulatory enforcement activities?

Yes No Will the regulation have the effect of creating additional taxes and/or fees for small D ~ businesses?

Yes No Does the regulation require small businesses to provide educational services to keep up to D [8] date with regulatory requirements?

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts? D ~

Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? D ~

Yes No Can the regulation provide for less stringent compliance or reporting requirements for D [8] small businesses?

Yes No Can the regulation establish less stringent schedules or deadlines for compliance or D ~ reporting requirements for small businesses?

Yes No Can the compliance or reporting requirements be consolidated or simplified for small D [8] businesses?

Yes No Can performance standards for small businesses replace design or operational standards? D [8]

Yes No Are there alternative regulatory methods that would minimize the adverse impact on D [8] small businesses?

Yes No Were any small businesses or small business organizations contacted during the D ~ 2

Tel.: 617-573-1600 DEVAL L. PATRICK Fax: 617-573-1890 Governor www.mass.gov / eohhs

JOHN W. POLANOWICZ NOTICE OF PUBLIC HEARING Secretary 101 CMR 306.00 Pursuant to the provisions of M.G.L. c.118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a public hearing on Monday, May 5,2014 at 10:00 a.m. at the Center for Health Information and Analysis, Two Boylston Street, 5th floor, Boston, MA 02116 relative to the emergency adoption of:

101 CMR 306.00: Rates of Payment for Mental Health Services Provided in Community Health Centers and Mental Health Centers

and the emergency repeal of:

114.3 CMR 6.00: Rates of Payment for Mental Health Services Provided in Community Health Centers and Mental Health Centers

EOHHS is making these changes to ensure that payments are reasonable and adequate to meet the costs that must be incurred by efficiently and economically operated providers. It is estimated that

Individuals that notify EOHHS of their intent to testify at the hearing will be afforded an earlier opportunity to speak. Speakers may notify EOHHS of their intention to testify at the hearing by registering online at [email protected]. Individuals may also submit written testimony by [email protected]. Please submit electronic testimony as an attached Word document or as text within the body of the email with the name of the regulation in the subject line. All submissions must include the sender's full name and address. Individuals who are unable to submit testimony by email shouldmailwrittentestimonytoEOHHS.c/oD.Briggs. 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony must be submitted by 5:00 p.m. on Thursday, May 15, 2014. Copies of the emergency adopted regulation are available for inspection and/or purchase at EOHHS or viewed at EOHHS's website at www.mass.gov/eohhs/gov/laws- regs/hhs/eohhs-regulations.html.

Agency Submitting Regulation: Executive Office of Health and Human Services

Subject Matter of Regulation: Rates of Payment for Mental Health Services Provided in Community Health Centers and Mental Health Centers

Regulation No: 101 CMR 306.00

Statutory Authority: M.G.L. c. 118E

Other Agencies Affected: MassHealth

Other Regulations That May Duplicate or Conflict with the Regulation: None

Describe the Scope and Objectives of the Regulation: Regulation 101 CMR 306.00 governs the payment rates for mental health services provided in community health centers and mental health centers.

Business Industry(ies) Affected by the Regulation: Community health centers and mental health centers which provide mental health services to publicly-aided individuals.

Types of Businesses Included in'the Industry(ies): Community health centers and mental health centers which provide mental health services to publicly-aided individuals.

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: There are currently 96 community health centers and mental health centers which provide mental health services to publicly-aided individuals.

Effective Date Used In Cost Estimate: January 1,2014

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 below.

Yes No Will small businesses have to create, file, or issue additional reports? 0 ~

Yes No Will small businesses have to implement additional record keeping procedures? D ~

Yes No Will small businesses have to provide additional administrative oversight? D ~

Yes No Does compliance with the regulation require small businesses to hire other professionals D ~ (e.g. a lawyer, accountant, engineer, etc.)?

Yes No Does the regulation require small businesses to purchase a product or make any other D ~ capital investments in order to comply with the regulation?

Yes No Are performance standards more appropriate than design standards? D ~

Yes No Does the regulation require small businesses to cooperate with audits, inspections, or D ~ other regulatory enforcement activities?

Yes No Will the regulation have the effect of creating additional taxes and/or fees for small D ~ businesses?

Yes No Does the regulation require small businesses to provide educational services to keep up to D ~ date with regulatory requirements?

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts? D ~

Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? D ~

Yes No Can the regulation provide for less stringent compliance or reporting requirements for D ~ small businesses?

Yes No Can the regulation establish less stringent schedules or deadlines for compliance or D ~ reporting requirements for small businesses?

Yes No Can the compliance or reporting requirements be consolidated or simplified for small D ~ businesses?

Yes No Can performance standards for small businesses replace design or operational standards? D ~

Yes No Are there alternative regulatory methods that would minimize the adverse impact on D ~ small businesses?

Tel.: 617-573-1600 DEVAL 1. PATRICK Fax: 617-573-1890 Governor www.mass.gov/eohhs

101 CMR 413.00 JOHN W. POLANOWICZ Secretary NOTICE OF PUBLIC HEARING Pursuant to the provisions of M.G.L. c.118E and in accordance with M.G.L. c. 30A, as amended, the Executive Office of Health and Human Services (EOHHS) will hold a public hearing on Tuesday, May 6, 2014 at 10:00 a.m. at the Center for Health Information and Analysis, Two Boylston Street, 5th Floor, Boston, MA 02116, relative to the proposed adoption of:

101 CMR 413.00: Rates for Youth Intermediate-Term Stabilization Services

and the proposed repeal of:

114.4 CMR 13.00: Rates for Youth Intermediate-Term Stabilization Services

These actions are being taken in order to comply with c. 224 of the Acts of 2012, which transferred authority for this regulation from the Division of Health Care Finance and Policy in M.G.L. c. 118G to EOHHS in M.G.L. c. 118E. 101 CMR 413.00 replaces 114.4 CMR 13.00 as the regulation governing payment rate for Youth Intermediate-Term Stabilization Services (YITS) purchased by governmental units. These are programs that provide a child, adolescent, or young adult temporary housing in a specialized residential or hospital setting to provide comprehensive services, and to promote stabilization and transition to (1) a less restrictive setting, (2) a permanent family home, (3) independence, or (4) another type of adult program.

Agency Submitting Regulation: Executive Office of Health and Human Services

Subject Matter of Regulation: Payments for Youth Intermediate Term Stabilization Services

Regulation No: 101 CMR413.00

Statutory Authority: M.G.L. c. l18E

Other Agencies Affected: Department of Public Health

Other Regulations That May Duplicate or Conflict with the Regulation: None

Describe the Scope and Objectives ofthe Regulation: 101 CMR413.00 establishes rates of payment to eligible providers of youth intermediate-term stabilization services to publicly assisted clients.

Business Industry(ies) Affected by the Regulation: Providers of youth intermediate-term stabilization services to publicly assisted clients.

Types of Businesses Included in the Industry(ies): Providers of youth intermediate-term stabilization services.

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: There are four providers of the type of youth intermediate-term stabilization services covered by the substantive changes in this regulation (substance use disorder treatment).

Effective Date Used In Cost Estimate: July 1, 2014

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 inputfrom small businesses, organizations or any other sources that were used to quantify the impacts outlined below.

Yes No Will small businesses have to create, file, or issue additional reports? D 0

Yes No Will small businesses have to implement additional recordkeeping procedures? D 0

Yes No Will small businesses have to provide additional administrative oversight? D 0