The Massachusetts Register

Issue: 1433 Date: December 25, 2020

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

THE COMMONWEALTH OF MASSACHUSETTS Secretary of the Commonwealth - William Francis Galvin The Massachusetts Register TABLE OF CONTENTS

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THE GENERAL COURT Acts and Resolves 1

WATER RESOURCES COMMISSION Report of the Findings, Justifications, and Decision of the Water Resources Commission: Relating to the Approval of the Town of Burlington's Request for an Interbasin Transfer Pursuant to M.G.L. c. 21, § 8C 5

ADMINISTRATIVE PROCEDURES Notices of Public Review of Prospective Regulations 37 Cumulative Table 51 Notice of Expiration of Emergency Regulation - Emergency Regulations 63 Permanent Regulations 67 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.

Emergency Regulations

205 CMR Massachusetts Gaming Commission 134.00 Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations 63 Covers licensees' short-staffing needs resulting from COVID-19.

830 CMR Department of Revenue 62.00 Taxation of Incomes 65 830 CMR 62.5A.3 sets forth the sourcing rules that apply to income earned by a nonresident employee who telecommutes on behalf of an in-state business from a location outside the state due to the COVID-19 state of emergency in Massachusetts and explains the parallel treatment that will be accorded to resident employees with income tax liabilities in other states that have adopted similar sourcing rules.

Permanent Regulations

101 CMR Executive Office of Health and Human Services 352.00 Rates of Payment for Certain Children's Behavioral Health Services 67 Governs the rates used by all governmental units for certain outpatient children's behavioral health services provided by community service agencies and other eligible providers. Increases the rates for In-home Therapy (IHT) services by updating certain staff salaries and other benchmarks in the current IHT model budgets primarily with FY2019 Uniform Financial Report (UFR) data, and applies a two-step cost adjustment factor (CAF) to cover the two-year prospective period from January 1, 2021 through December 31, 2022: 1) 2.07% for the first year, calculated using a base period of FY2019 to align with the FY2019 UFR cost reporting period, and 2) 1.58% for the second year. 414.00 Rates for Family Stabilization Services 69 Governs the payment rates for family stabilization services provided to publicly aided individuals by governmental units. These services are purchased by the Department of Developmental Services (DDS), the Massachusetts Commission for the Blind (MCB), the Department of Children and Families (DCF), and the Department of Mental Health (DMH).

301 CMR Executive Office of Energy and Environmental Affairs 41.00 Toxic or Hazardous Substances List 75 Companies that use large quantities of toxic and/or hazardous chemicals annually report the use of these chemicals to MassDEP. Defines the list of reportable chemicals and their reporting threshold.

310 CMR Department of Environmental Protection 7.00 Air Pollution Control 77 Re-promulgates the requirements of 310 CMR 7.74 starting on January 1, 2021, without modification, to ensure large power plants purchase

carbon dioxide (CO2) allowances at auctions to comply with an annually

declining limit on CO2 emissions each year until 2050. 7.00 Air Pollution Control 79 Prohibits the use of certain hydrofluorocarbons (HFCs) in refrigeration equipment, air conditioning chillers, aerosol propellants, and foams that are manufactured or used in Massachusetts.

606 CMR Department of Early Education 14.00 Criminal Offender and Other Background Record Checks 81 Adopted pursuant to federal law at 45 CFR Part 98.43, which requires the Department of Early Education and Care, as the Lead Agency for administering the Child Care Development Fund (CCDF) in Massachusetts, to promulgate rules and regulations to conduct criminal background record checks for child care staff, and, in accordance with M.G.L. c. 15D which states the policy of state government to assure every child and family "a fair and full opportunity to reach his full potential". Established in keeping with the Department of Early Education and Care's mission of providing the foundation that supports all children in their development. Sets forth the standards for conducting background record checks for staff members at child care programs. Complies with the Child Care Development Block Grant (CCDBG) Act of 1990 at 42 U.S.C. 9858, and the Child Care Development Fund at 45 CFR 98.

202 H 4206 Designating a Certain Bridge in the City of Woburn as the 11/10/2020 Vietnam Veteran's Memorial Bridge.

203 H 4826 Providing Survivor Benefits to Ava Roy, the Daughter of Fallen 11/10/2020 Firefighter Chirstopher Roy.

204 S 2624 Classifying the Taunton Fire Department Mechanic Michael 11/12/2020 Perry, in Connection with the Determination of Retirement Benefits.

205 H 4999 Establishing a Sick Leave Bank for Joseph Gatto, an Employee 11/12/2020 of the Suffolk County Sheriff's Department.

206 H 4977 Establishing a Sick Leave Bank for Felix Cruz, an Employee of 11/12/2020 the Department of Youth Services.

207 H 4235 Amending the Charter of the Town of Westford. 11/13/2020

208 H 4481 Establishing a Sick Leave Bank for Geo Bernardone, an 11/13/2020 Employee of the Massachusetts Department of Transportation.

209 H 4927 Authorizing the University of Massachusetts to Convey a Certain 11/20/2020 Parcel of Land and Buildings to the City of Waltham.

210 H 4866 Authorizing the Town of Littleton to Use Certain Land for 11/20/2020 Construction of a Water Treatment Facility Without Article 97 Restrictions of Such Use.

211 H 3191 Designating a Certain Bridge in the City of Gardner as the 11/20/2020 Corporal Lawrence L. Lukasevicius Memorial Bridge.

212 S 2925 Establishing a Sick Leave Bank for Marshall Bickford, an 11/23/2020 Employee of the Department of Unemployment Assistance.

213 H 4214 Changing the Name of the Board of Selectmen in the Town of 11/30/2020 West Boylston to Select Board.

214 H 3991 Amending Certain Liquor Licenses in the Town of Winchester. 11/30/2020

215 H 4875 Establishing a Sick Leave Bank for Carisa Sinclair, an Employee 12/2/2020 of the Department of Mental Health.

216 H 4815 Authorizing Michael Cheung to Purchase Creditable Service from 12/2/2020 the Barnstable County Retirement Board.

217 H 2383 Authorizing James S. Armentrout to Purchase Creditable Service 12/2/2020 from the Barnstable County Retirement Board.

218 H 5019 Establishing a Sick Leave Bank for Marshall Johnson, an 12/3/2020 Employee of the Department of Conservation and Recreation.

219 H 4988 Changing the Name of the Board of Selectmen of the Town of 12/7/2020 Billerica to Select Board.

220 H 4549 Authorizing the City of Boston to Grant an Additional License for 12/7/2020 the Sale of Alcoholic Beverages to Be Drunk on the Premises.

221 S 2699 Relative to Special Police in the Town of Weston. 12/7/2020

222 H 5024 Authorizing the Town of Dedham to Grant 3 Additional Licenses 12/7/2020 for the Sale of All Alcoholic Beverages to Be Drunk on the Premises and 3 Additional Licenses for the Sale of Wine and Malt Beverages to Be Drunk on the Premises.

223 S 2411 Further Regulating Appointments to City Offices in the City of 12/7/2020 Gloucester.

224 S 2960 Establishing a Sick Leave Bank for Keith Trudell, an Employee of 12/8/2020 the Department of Mental Health.

225 H 4350 Providing for the City of Lowell Municipal Elections. 12/9/2020

226 H 4981 Establishing a Sick Leave Bank for Mary Moulton, an Employee 12/10/2020 of the Department of Developmental Services.

227 H 5164 Making Appropriations for the Fiscal Year 2021 for the 12/11/2020 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. This bill was returned on December 11, 2020 , by the Governor to the House of Representatives, the branch in which said bill was orginated, with his objections in writing to the following items therein:

Items Disapproved: SECTION 2: 1231-1000, 1599-2003, 1599-4417, 3000-7055, 4510- 0112, 4515-2020, 4590-1504, 7003-0606, 7003-1207, 7010-1194, 7010-1202, 7061-9401, 7066-1400, 7100-0801, 7100-4000, 7509- 0101, 7518-0120, 0320-0003, 0320-0010, 0321-0001, 0321-0100, 0321-2100, 0322-0100, 0330-0101, 0330-0300, 0330-0344, 0330- 0599, 0331-0100, 0334-0001, 0337-0002, 0339-1001, 0339-1003, 0339-1005, 0339-2100, 0340-0100, 0340-0198, 0340-0200, 0340- 0203, 0340-0298, 0340-0300, 0340-0398, 0340-0400, 0340-0498, 0340-0500, 0340-0598, 0340-0600, 0340-0698, 0340-0700, 0340- 0798, 0340-0800, 0340-0898, 0340-0900, 0340-0998, 0340-1000, 0340-1098, 0340-1100, 0340-1198, 0340-2100, 0511-0000, 0540- 1000, 0540-1100, 0540-1200, 0540-1300, 0540-1400, 0540-1500, 0540-1600, 0540-1700, 0540-1800, 0540-1900, 0540-2000, 0540- 2100, 0610-0000, 0640-0096, 0710-0000, 0710-0100, 0710-0200, 0710-0225, 0710-0300, 0810-0004, 0900-0100, 0910-0200, 0910- 0220, 0910-0300, 0920-0300, 0940-0100, 0950-0000, 0950-0050, 0950-0080, 1070-8040, 1107-2501, 2300-0101, 2820-0101, 3000- 1042, 3000-7050, 3000-7060, 4003-0122, 4110-1000, 4590-0300, 7000-9402, 7000-9406, 7000-9506, 7000-9508, 7002-0017, 7003- 0500, 7007-0952, 7008-1300, 7027-1004, 7028-0031, 7035-0035, 7061-0029, 7109-0100, 7115-0100, 7116-0100, 7503-0100, 7508- 0100, 7512-0100, 7515-0100, 7518-0100, 8324-0000, 8910-0102, 8910-0107, 8910-0110, 8910-0145, 8910-1010, 8910-1020, 8910- 1030, 8910-8200, 8910-8500, 8910-8630, 8950-0001.

Section 2E: Items reduced in amount: 1595-6370

Section 2: Items reduced in amount and by striking wording: 2200- 0100, 2260-8870, 2810-0100, 4000-0700, 4590-0250, 7061-0027.

Section 2: Items disapproved by striking wording: 2000-0101, 2800- 0500, 3000-1044, 4000-0300, 4403-2000, 4408-1000, 7004-0101, 7004-0108, 7004-9316, 7100-0200, 8900-0001, 8900-0010.

Pursuant to Article 56, as amended by Article 90, Section 3, of the Amendments to the Constitution, the Governor sent a separate letter to the Senate and the House of Representatives setting forth recommended amendments to Sections 23, 40, 43, 69, 79, 80, 88, 90, 93, 99, 101, 103, 104, 107, 108, 110, and 116.

The remainder of the bill was approved by the Governor on December 11, 2020 at one o’clock and thirty-five minutes, P.M.

THE COMMONWEALTH OF MASSACHUSETTS

WATER RESOURCES COMMISSION

100 CAMBRIDGE STREET, BOSTON MA 02114

REPORT OF THE FINDINGS, JUSTIFICATIONS, AND DECISION OF THE WATER RESOURCES COMMISSION Relating to the Approval of the Town of Burlington’s Request for an Interbasin Transfer Pursuant to M.G.L. Chapter 21 § 8C

DECISION On November 12, 2020, by a ten to one (10-1) vote, the Massachusetts Water Resources Commission (WRC) approved the Town of Burlington’s request for an Interbasin Transfer to join the Massachusetts Water Resources Authority (MWRA) Water Works System. This vote was taken after review of the facts provided by the Town of Burlington, analysis of the associated data, and consideration of comments received concerning this request.

INTRODUCTION On November 26, 2019, the WRC received a request from the Town of Burlington for approval of an action to increase the present rate of interbasin transfer under the Interbasin Transfer Act (ITA) (M.G.L. Chapter 21 §§ 8B-8D) as part of a Draft Environmental Impact Report (DEIR) submitted to the Massachusetts Environmental Policy Act (MEPA) office. The DEIR proposed a water supply transfer through an interconnection to MWRA. Additional information was requested by the WRC and received in the Final EIR, submitted in February 2020. The Secretary’s Certificate on the FEIR was issued on April 17, 2020. The WRC accepted Burlington’s application as complete at its May 14, 2020 meeting.

Burlington is proposing to purchase a maximum of 6.5 million gallons per day (MGD) of water from MWRA to supplement its existing water supply source, the Mill Pond Reservoir (Figure 1). Burlington’s average day demand (ADD), based on the years 2008 to 2018, has ranged from 2.80 MGD to 3.19 MGD, while the maximum day demand (MDD) for the same time period has ranged from 4.39 MGD to 6.54 MGD. The Burlington/MWRA water interconnection project will be completed in a multi-phased approach. Phase 1 will include the construction of a 24-inch water main connection to the Town of Lexington for temporary water purchase of 1.0 MGD, after which Phase 2 will consist of a second 24-inch water main constructed to connect with the MWRA system. This intermediate step is required prior to a direct connection to the MWRA system in order to address the immediate need for water. Burlington is an existing MWRA sewer community; the rate of wastewater interbasin transfer will not change as a result of this request.

A summary of the facts described in the application is as follows: 1. Burlington has land area in the Ipswich River, Shawsheen River, and Boston Harbor basins.

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2. Burlington’s existing sources consist of seven groundwater wells and two surface water sources. 3. Three of the wells are offline due to 1,4-dioxane contamination. The Mill Pond Water Treatment Plant, capable of producing 2.5-3 MGD, lacks redundancy. 4. The Town is applying for admission to the MWRA Waterworks System, which has sources in the Chicopee River basin and the Nashua River basin. 5. A MEPA environmental review, pursuant to M.G.L. c. 30, §§ 61-62I, was required for this proposed action. The ITA application was submitted as part of the DEIR for this project (EOEEA #15940). Additional information for ITA review was requested through the MEPA process and provided in the FEIR. 6. The Secretary’s Certificate on the FEIR was issued on April 17, 2020, stating that no further MEPA review was needed. 7. Two required public hearings were held virtually via Zoom to take comment on this application, for the donor basin on July 10, 2020 and for the receiving basin on July 13, 2020. Written public comments were accepted until July 20, 2020. 8. A draft Staff Recommendation to approve the request was presented to the WRC on August 13, 2020. 9. A public hearing on the draft Staff Recommendation was held virtually via Zoom on August 18, 2020. Written public comments were accepted until August 25, 2020. 10. A summary of comments received through the public comment periods is available under separate cover from the WRC. 11. The review period and time for the WRC Decision was extended by mutual consent of the WRC and the Town of Burlington by no more than 60 days, until December 16, 2020.

EVALUATION OF THE PROPOSED INTERBASIN TRANSFER This Interbasin Transfer application was reviewed on its own merits and is applicable solely to Burlington’s purchase and use of MWRA water. This Decision is made based on facts contained in Burlington’s MEPA submissions and additional information submitted at the WRC’s request during the MEPA process. The application was evaluated against the seven Criteria outlined in the ITA regulations (313 CMR 4.09), as well as the ITA Performance Standards and with consideration of comments received from the agencies and through the public comment process.

SYNOPSIS OF THE EVALUATION CRITERIA (313 CMR 4.05)

Criteria Application Meets? Criterion #1: MEPA Compliance Yes Criterion #2: Viable In-Basin Sources Yes, with conditions Criterion #3: Water Conservation Yes, with conditions Criterion #4: Forestry Management Yes, with conditions Criterion #5: Reasonable Instream Flow Yes Criterion #6: Impacts of Groundwater Withdrawals Not Applicable Criterion #7: Cumulative Impacts Yes

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BASIS FOR THE WRC DECISION This application was reviewed by the Executive Office of Energy and Environmental Affairs (EEA), WRC staff at the Department of Conservation and Recreation’s (DCR) Office of Water Resources, Department of Environmental Protection (MassDEP), and Department of Fish and Game’s (DFG) Division of Fisheries and Wildlife and Division of Ecological Restoration. This Decision was made after an evaluation of Burlington’s application and compliance with the six applicable Criteria of the ITA regulations and the ITA Performance Standards. The following section describes in detail compliance with the Criteria.

Figure 1: Burlington’s Sources

Criterion #1: Compliance with MEPA An environmental review, pursuant to MEPA (M.G.L. c. 30, §§ 61-62I) and the MEPA regulations, 301 CMR 11.00, was required for this proposed transfer. The ITA application was submitted as part of the DEIR for this project (EOEEA #15940). The FEIR was submitted in February 2020. The FEIR Certificate was issued on April 17, 2020 and stated that no further MEPA review was necessary.

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Criterion #2: Viable In-Basin Sources Burlington was required to demonstrate that it has made all reasonable efforts to identify and develop all viable sources in the receiving area. Burlington evaluated several alternatives to replace the reduction in capacity as a result of contamination in the Vine Brook aquifer. These included expanding existing sources, reactivating abandoned water supply sources, and exploring undeveloped areas in the Town where new sources could potentially be developed. However, none of these alternatives was deemed an acceptable solution that would avoid future contamination. Following is a summary of all issues considered relating to viability.

Existing Sources The Burlington water system includes seven municipal wells, two surface water sources, two water treatment plants (WTPs), three water storage tanks and 120 miles of water mains. The seven wells are in three areas, all near Vine Brook, and are collectively treated at the Vine Brook WTP to remove naturally occurring iron and manganese, and to remove volatile organic contamination that originated at several nearby facilities. The Vine Brook WTP consists of three treatment trains, designated A, B, and C, detailed as follows:

• Train A treats Well Nos. 1 and 2 and has a design capacity of 0.8 MGD. Currently it can only produce a maximum of 0.76 MGD due to natural deterioration of the wells. • Train B treats Well Nos. 3, 4, and 5 and has a design capacity of 0.9 MGD. This train is currently offline due to contamination. • Train C treats Well Nos. 10 and 11 and has a design capacity of 1.4 MGD. Currently it can only produce a maximum of 1.19 MGD due to natural deterioration of the wells.

Due to the age, extensive use, and emergence of 1,4-dioxane in the wells, the production capacity of Trains A and C have been reduced. Train B was taken offline in 2013 to maintain compliance with the MassDEP 1,4-dioxane Office of Research and Standards Guideline (ORSG) because these three wells contained the highest concentration of 1,4-dioxane. Due to the reduced production capacity of the wells associated with Trains A and C and the need to take Train B offline, the capacity of the Vine Brook WTP has been reduced to approximately 1.95 MGD.

The Mill Pond WTP treats water from the Mill Pond Reservoir; the reservoir does not replenish naturally but is filled primarily with water from the Shawsheen River during periods when the withdrawal capacity is not limited by streamflow (details further below). Water is pumped from the Shawsheen River to Mill Pond by a pumping station with a capacity of up to 8 MGD through a single 4-mile-long pipe. Because it is a single main, there is no redundancy if there is a failure of this pipe. The Mill Pond WTP treats surface water from Mill Pond using conventional processes to remove naturally occurring particulate matter and produces an average of 2.5-3.0 MGD. The facility has the capability of producing up to 4.5 MGD on a very limited short-term basis depending on the elevation and raw water quality of Mill Pond. The Mill Pond WTP has several flow reducing vulnerabilities. First, the WTP was designed with a single sedimentation basin. The sedimentation basin is drained and cleaned 2-3 times per year which takes the entire facility offline. Second, should either of the two filtration trains be taken offline, the Mill Pond WTP production capacity would be reduced by half. The WTP has a single clearwell for disinfection. When the clearwell is drained, inspected and cleaned once a year, the WTP is

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offline. And lastly, there is a single finished water main, a failure of which would prevent finished water from flowing to the distribution system.

Burlington’s supply/withdrawal capacity is limited by restrictions on the Shawsheen River and seasonal pumping conditions. Between May 1st and June 30th, Burlington is not permitted to pump water from the Shawsheen River if river flow is less than 37 cubic feet per second (cfs) for three consecutive days in order to protect fish spawning. For the remainder of the year, withdrawals from the Shawsheen River are limited to the following:

• <12 cfs for three consecutive days – no pumping allowed • 12-15 cfs – permitted to pump 2 MGD to Mill Pond • 15-25 cfs – permitted to pump 4 MGD to Mill Pond • >25 cfs – permitted to pump 8 MGD to Mill Pond

Currently, Burlington operates the Vine Brook WTP 24 hours a day, 365 days a year, and uses the Mill Pond WTP to make up the difference between Vine Brook WTP production and system demands. Because of the need for both WTPs to be in operation to meet demands, the Town is unable to perform routine maintenance on either WTP if maintenance requires the facility to be taken offline. In addition, it is recommended that pumping and treatment facilities operate a maximum of 16 hours per day to reduce wear on equipment, to allow time for routine maintenance, and to allow wells to recover. Burlington does not have this option under current operating conditions.

Alternatives Analysis In 2016, Burlington hired Stantec Consulting Services, Inc., to complete a study entitled “Water Supply Evaluation – Future Water Demand Feasibility Study”. This study evaluated five strategies for maintaining or obtaining water supplies to meet demands over a 25-year planning period. Methods for maintaining water supplies included reviewing existing sources, developing new sources, and purchasing water from the MWRA and surrounding towns. Three of the five strategies included a connection of some capacity to the MWRA. Two of the strategies considered providing treatment for 1,4-dioxane. However, neither treatment strategy addressed future unidentified contaminants. There are currently 46 known contamination sites in the areas surrounding the Town’s water supply wells. The study concluded that the Vine Brook WTP was “in good working order and only currently requires maintenance work to replace and maintain aging equipment”. However, the study notes that over the 25-year planning period, approximately $5.2M would need to be invested into the facility to replace equipment to keep the facility operational and reliable.

Strategies that maintained the Town’s sources were the most cost-effective; however, they were not selected because they did not provide the long-term redundancy and reliability that an MWRA connection provides. A strategy that included developing new sources was also lower cost as compared to other strategies but was not selected because new groundwater sources would not eliminate the risk of pollution from future unknown contaminants, because of the widespread contamination in the Town’s groundwater. The strategy that combines retaining the Mill Pond WTP with purchasing water from MWRA was selected as the recommended approach because it best met the goals of protecting public health, meeting water demands, and providing

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redundancy to the water system in both the short and long term. The water supply required is estimated to be 3.5 MGD (ADD), and up to 6.5 MGD to meet MDD with Mill Pond offline.

Existing Interconnections The Town maintains emergency connections with Bedford, Billerica, Lexington, Wilmington, and Woburn. The connections with Bedford, Billerica, and Lexington are hard-piped interconnections. The Bedford and Billerica interconnections both require booster pumps for Burlington to receive water. The Lexington interconnection is used in periods where demands exceed Burlington’s production capacity. This connection has been used in recent years (since 2011) to supplement the Town’s water supply during emergencies. The remaining interconnections are for emergency purposes only and are made through hydrant to hydrant connections.

Reactivation of Abandoned Water Supply Sources The Town of Burlington has five abandoned groundwater sources, four of which are in the Shawsheen basin. These sources include the Main Station tubular wells, Sandy Brook Gravel- packed Well No. 6, Lexington Gravel-packed Well No. 7, and Sandy Brook Well No. 9. The Town also operated a source known as the Wyman Tubular Wells No. 8 in the Boston Harbor basin.

The Main Station tubular wellfield, Sandy Brook Gravel-packed Well No. 6, and Sandy Brook Well No. 9 were all officially abandoned in 2001 and sealed with concrete. The Lexington Gravel-packed Well No. 7 was removed from service in 1988 due to trichloroethylene (TCE) contamination. It was formally abandoned by MassDEP in a 1997 letter which included approval for the construction of the Vine Brook WTP and permanent pumping facilities for Well Nos. 10 and 11. As part of that work, the pump station for Well No. 7 was repurposed to house the well controls for Well Nos. 10 and 11. The Wyman Tubular Well No. 8 was inactivated in 1995 due to excessive maintenance. The well is in “Inactive” status but the Town has not formally abandoned the source. To return this source to operational status, a complete rehabilitation and overhaul of the existing building, pumping and building systems and stand-by power system would be required. It would also require the design and construction of a minimum of approximately 13,500 feet of transmission main to the Mill Pond WTP or a minimum of approximately 20,000 feet of transmission main to the Vine Brook WTP. Because of the extensive costs and limited yield, this option was not deemed a viable solution.

Development of New In-Town Water Supply Sources The Vine Brook Aquifer is the primary groundwater source for the Town wells. The aquifer provides a significant quantity of groundwater to the Town wells, and additional yield from a new source within this aquifer would be limited by the aquifer storage. Additionally, this aquifer is within a basin that is groundwater depleted and the WMA program would likely limit further withdrawals. In addition, the wells and aquifer have become contaminated from unauthorized discharges of volatile organic compounds (VOCs). A new source sited within this aquifer would result in the withdrawal of contaminated water requiring significant treatment.

Most of the Town is mapped as till or bedrock which are not likely water-bearing at the capacity necessary to support a community groundwater source. Furthermore, much of these areas are

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built out and there are few to no suitable locations for the development of a groundwater source with adequate setbacks and protection from existing and potential contaminant threats.

A parcel map of the Town of Burlington was used to identify undeveloped areas in the Boston Harbor and Ipswich River basins. These basins were investigated because they are not net groundwater depleted within the Town and would provide a source that does not derive water from the Vine Brook Aquifer. A key part of identifying suitable parcels to locate a groundwater supply is that the Town of Burlington would need to own, or control through easements, a 400- foot radius around new sources. Structures, subsurface waste disposal systems, and a variety of other potential contamination sources cannot be located within the protective radius. Large parcels within the Boston Harbor and Ipswich River basins that would support the protective radius were identified and investigated. Data suggest that the development of a groundwater well source in the Town within these basins is not viable based on surficial geology, the distribution of potential contamination sites, and groundwater depletion. Further, there are already high levels of flow stress in the Ipswich River basin. Added stress to this basin from increased groundwater withdrawals would have significant environmental impacts and may impact neighboring communities’ ability to withdraw water from the basin to serve their residents.

Water Quality Issues When considering developing new water supply sources, water quality is also of concern. If the new sources would be located in existing wellfields, the reliability of these sources cannot be guaranteed. The Town reports that it has recently seen a slight increase in 1,4-dioxane levels in the remaining active wells. It is suspected that this is a result of plume migration from the previously active Well Nos. 3, 4, and 5 which are now out of service. Because of the widespread contamination in the Town’s groundwater, Burlington is also concerned that new unknown contaminants that will also require treatment could be identified under the Environmental Protection Agency (EPA) Unregulated Contaminant Monitoring Rule (UCMR).

The risk of new contaminants has recently also become a real concern for Burlington. It was recommended that both Mill Pond and Vine Brook conduct testing for per- and polyfluoroalkyl substances (PFAS) which, if found in excess of the ORSG of 20 parts per trillion (ppt), has the potential to impact Burlington’s remaining water supply. The Town will sample its sources in accordance with MassDEP’s schedule. As of December 2019, MWRA has performed testing for 18 PFAS compounds resulting in negligible amounts well below all federal and state guidelines.

Future Plan for Use of Sources The Town expects to maintain the Mill Pond WTP in service for at least another 20 years. The treatment plant is of modern design and well suited to treat the water from Mill Pond. When Burlington takes the Mill Pond WTP offline, it may consider abandonment and relinquishment of its WMA permit.

Following the connection to MWRA, Burlington intends to take the Vine Brook WTP out of service. However, it will be maintained in a “ready” state for emergencies for 5-10 years and/or until the Town is confident in the new MWRA supply and Mill Pond WTP configuration and operation. During the period of “ready state”, the Town will routinely exercise pumps and

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valves associated with the wells. Well Nos. 1, 2, 10, and 11 will be maintained in an “inactive” ready status and will be pumped through the Vine Brook WTP monthly. These wells will only be used with an Emergency Declaration issued by MassDEP under M.G.L. c21G, §§ 15 and 16, 310 CMR 36.40 through 36.42 or otherwise authorized by law. The Town intends to retain its WMA registration for each well source. When the decision is made to completely remove the Vine Brook WTP and wells from service, the WTP will be decommissioned and demolished and the wells associated with the facility will be abandoned. The Town intends to retain ownership of the upland areas of the property for future municipal needs. It may however consider converting the wetland areas to conservation land.

In conclusion, the basic requirement of the ITA is that local water supply sources are used to the maximum extent possible prior to obtaining permission to transfer water from out of basin. Given the above described conditions, the WRC determined that all reasonable efforts have been made to identify and develop all viable sources in the receiving area of the proposed interbasin transfer.

Criterion #3: Water Conservation Burlington was required to demonstrate that all practical measures to conserve water have been taken. The WRC water conservation performance standards are numbered below, followed by a bulleted narrative of Burlington’s actions.

1) A full leak detection survey should have been completed within the previous two years of the application. The proponent should provide documentation regarding repair of leaks identified during the survey. • Leak detection is conducted at least every two years. • Surveys were completed in 2015 and 2017 and documentation was submitted that leaks were repaired. • Another survey was completed from January to February 2019 and documentation was submitted that leaks were repaired. • According to the Water Conservation Survey submitted as part of the February 2020 FEIR, another survey was ongoing in 2020.

2) The water supply system should be 100% metered, including public facilities served by the proponent. A program of meter repair and/or replacement must be in place. Documentation of annual calibration of master meters and a description of the calibration program should be included in the application. • Burlington’s system is 100% metered, including public facilities. • A program of meter repair and replacement is in place and is funded through an annual appropriation. • Master meters are calibrated annually. • Burlington owns all customer meters, including large meters. A description of the large meter calibration program was included in the Water Conservation Questionnaire submitted in the FEIR.

3) Unaccounted-for Water (UAW) should be 10% or less. The proponent should provide documentation of UAW, in both gallons and percentage of the total finished water entering the

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distribution system, for each of the past five years. The definition of accounted-for and UAW for use in Interbasin Transfer applications is given in Appendix C of the Performance Standards. • For more than the past five years, UAW has been 10% or below.

4) The proponent should provide documentation to show that there are sufficient sources of funding to maintain the system, including covering the costs of operation, proper maintenance, proposed capital improvements, and water conservation. The rate structure must encourage water conservation.

a) Sufficiency of Funds • Water system operation costs are funded through customer bills with a combination of fixed service charges and volumetric usage charges. Water system capital costs are primarily funded through property taxes. The specific capital funds needed for the proposed project to join the MWRA, however, are being raised through an annual seven percent rate increase over ten years. The reliance on the property tax to fund the majority of capital needs for the water system means Burlington does not utilize full-cost pricing. Full-cost pricing is preferable for sending a strong conservation signal, equitably allocating costs, and raising customer awareness of the true cost of the water system. For these reasons, a transition to full-cost pricing is recommended. However, the WRC acknowledges that Burlington prefers to keep the subsidy in place, in part because it shifts a larger percentage of the cost burden to the commercial sector, which is preferable to the community. The WRC further recognizes that, accounting for the subsidy, the two sources of funding combined have historically been sufficient to cover all water system costs, including operation, maintenance, capital costs, conservation, source protection, and debt service. The Department of Public Works uses a 10- to 20-year planning horizon, which helps ensure long-term capital needs are adequately accounted for in budgeting. • All revenues raised through customer bills are sent to Burlington’s general fund. Water system costs are then paid for out of the general fund. Water bill revenues are closely tracked, and the general fund allocation to the Department of Public Works for the water system is set to equal the funds raised by customer bills plus the additional funds raised through the town’s property tax. While this structure helps establish a cost basis for the water system, utilizing an enterprise fund or similar structure for the revenues raised through customer bills is strongly recommended. Even if the enterprise fund continued to be subsidized by property taxes, it would clarify expense categories, make the level of subsidy from property taxes more apparent, provide protected structures for retained earnings, such as the stabilization fund currently being used to build up reserves for joining the MWRA, and reduce the need to rely on allocations from the general fund to utilize revenues from customer bills. It would also create a smoother transition to full- cost pricing when Burlington is able to pursue that in the future, which would increase customer incentives for water conservation.

b) Strength of Water Rate Conservation Signal • Burlington has three separate rate structures: one for primary residential accounts, one for secondary/irrigation residential accounts, and one for commercial accounts. Each of

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these has a tiered structure, a base service charge, and a base allocation for which customers do not pay any volumetric charges. • The primary residential rate includes a base allocation of 20,000 gallons per six-month billing cycle, which is roughly equivalent to 40 gallons per capita per day (gpcd) for the average Burlington household of 2.72 residents (US Census Bureau). The Massachusetts Water and Wastewater Rates Dashboard developed by the UNC Environmental Science Center places Burlington’s water rates extremely low on a relative scale within Massachusetts, over a wide range of usage volumes, and shows the rate’s “conservation signal” (price per gallon over 10,000 gallons of monthly use) to be similarly low. After incorporating Burlington’s projected 10 years of 7%-per-year increases, the average household’s volumetric charges at 65 gpcd (the state year-round residential standard) will still be in the bottom 12% among Massachusetts water rates. While it is strongly recommended this price signal be strengthened by eliminating the base allocation and moving to full-cost pricing, the WRC acknowledges that Burlington’s residential sector demonstrates efficient water use patterns on the whole. The town-wide rgpcd is 50. Additionally, 70% of the customer base uses 30,000 gallons or less per billing cycle. This is equivalent to 61 gpcd for the average household. • The secondary/irrigation rate includes a base allocation of 5,000 gallons per annual billing cycle. As outdoor irrigation is a nonessential use, Burlington must eliminate the base allocation within the secondary residential rate. Additionally, the first pricing tier applies to 5,000 – 50,000 gallons of annual use. Assuming an irrigation season of six months, this represents a range for the average household that spans from 10 gpcd to 100 gpcd of exclusively outdoor use. The state standard for indoor and outdoor use combined is 65, so 100 gpcd of only outdoor use far exceeds the state efficiency standard. Burlington also must create new tier volumes for the secondary residential rate that more effectively distinguish between efficient and inefficient outdoor usage and send stronger price signals for less efficient use. WRC staff is available to work with Burlington to assess compliance with this condition. • Approximately 50% of Burlington’s water use is from the commercial sector. The commercial rate includes a base allocation of 10,000 gallons per quarterly billing cycle. 40% of Burlington’s commercial customers do not exceed the base allocation and, therefore, pay no per-gallon charge for their water, which does not effectively encourage water conservation. Burlington must substantially reduce or eliminate the base allocation for commercial customers.

5) The proponent should bill its customers at least quarterly based on actual meter readings. Bills should be easily understandable to the customer (e.g., providing water use in gallons and including comparison of the previous year’s use for the same period). • Burlington bills its commercial customers quarterly, its primary residential customers biannually, and its secondary customers annually. • Large users are billed quarterly. • Bills are based on actual use and are billed in gallons. • Customer meters are read daily and reviewed monthly. The water department reaches out to customers with spikes in use that may reflect a leak. • Bills provide customers with their water use history, including comparisons to the previous year’s use for the same period.

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• Although the WRC acknowledges that Burlington achieves some of the benefit of quarterly or more frequent billing by monitoring meters monthly, to meet this performance standard Burlington must move to at least quarterly billing for its primary residential accounts and incorporate one additional billing cycle, mid-irrigation season, to achieve the equivalent of quarterly billing for its secondary residential accounts.

6) A drought/emergency contingency plan, as described in 313 CMR 4.02, should be in place. This plan should include seasonal use guidelines and measures for voluntary and mandatory water use restrictions and describe how these will be implemented. There should be a mechanism in place to tie water use restrictions to streamflow and/or surface water levels in the affected basin(s) where this information is available. • Burlington has a local drought plan with seasonal use guidelines for water use restrictions based on the levels in Mill Pond and the flows in the Shawsheen River. • In addition, since 2017, the Town has implemented year-round watering restrictions. • With membership to the MWRA, the Town will need to update its drought plan to reflect the changes in water supply sources for both the MWRA sources and the remaining local source(s). • Additionally, when updating its drought plan Burlington should review the 2019 (or most recent) Massachusetts Drought Management Plan and incorporate applicable recommended elements from the state plan into its local plan. It should also incorporate conditions that tie the local plan to drought declaration and any recommended actions by the Secretary of EEA for the Northeast Drought Region, and to Burlington’s private well regulations.

7) All government and other public buildings under the control of the proponent should have been retrofitted with water saving devices. • The Town has a lot of newer buildings constructed in mid to late 1990’s which have water saving fixtures installed. • As public buildings in Town are renovated, they are retrofitted with water saving devices meeting the State Plumbing Code. • Burlington should ensure that its buildings, facilities, and landscapes are using water efficiently both indoors and outdoors. Burlington should use its smart water metering system to analyze existing water-use data to spot trends, patterns, and unexplained increases that could indicate leaks or inefficient use of water, including monitoring its facilities for leaks and ensuring compliance with water bans at public facilities. Public buildings and facilities that use large amounts of water should be investigated for potential retrofits of fixtures if they are not low flow. Where feasible, use the best available technologies for water conservation for both retrofitted facilities and new construction.

8) If the community’s residential gallons per capita per day (rgpcd) is greater than 65, the proponent should be implementing a comprehensive residential conservation program that seeks to reduce residential water use. • Burlington’s rgpcd has been below 65 for more than the past five years. The five-year average is 50 rgpcd.

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9) A broad-based public education program, which attempts to reach every user at least two times per year, through such means as mailings, billboards, newspaper articles, cable television announcements or programs, or the use of other media, should be in place. • The Town website links to the MWRA water conservation website in addition to the May 2002 WRC document “Guide to Lawn and Landscape Water Conservation”. Pamphlets and handouts available at the Town Hall in the Engineering Department outline effective methods to conserve water during the summer months and indoor water conservation. It is recommended that Burlington also link to the state water conservation website and use those resources for more targeted water conservation tips, tools and messaging. • Social media is used to post water conservation information, including information about lawn watering. • There is targeted outreach for large users. Bill stuffers are mailed as needed. • Low-flow showerheads and faucet aerators are available to the public upon request.

10) A program which identifies and ranks all industrial, commercial and institutional (ICI) customers according to amount of use and requires regular contact with the largest users to promote water conservation, should be in place. Materials on water reuse and recirculation techniques should be provided, where appropriate. • Burlington has a metering system that can identify large users and provide ICI customers with daily and hourly usage for the ICI customers’ water conservation efforts. • The Town ranks its top users and monitors their water use with the Town’s metering system. The Town has worked closely with its highest user, who hired a consultant 4-5 years ago to assist with reducing its utilities including water, and the Town has since observed a downward trend in use. The other top users are hotels and restaurants. The Town has reached out to these users to help them lower their water use without any positive impact. However, one large office user, who is not within the top 10 water users but progressive in water conservation, has worked with the Town. • The Town ensures compliance with the plumbing code and provides information upon request. • The Town should continue to monitor water use on its metering system for high usage and suspected leaks and notify the users as needed. The Town should more proactively reach out to the top 10 users to direct them to EPA’s WaterSense website that has information regarding conservation strategies applicable to the top 10 users (such as hotels, restaurants, etc.) to help emphasize the importance of water conservation.

11) A program of land use controls to protect existing water supply sources of the receiving area that meets the requirements of MassDEP should be in place. • Records provided by MassDEP confirm that the Town of Burlington has adopted the following protection controls: o Burlington Aquifer and Water Resource Districts Bylaw, 1996 as amended o Burlington Aquifer and Water Resource Districts Map, 1996 as amended o Burlington Board of Health Floor Drain Regulations, 2018 • As a result of adopting these controls, Burlington Water Department is in full compliance with the wellhead protection requirements for its public water supply wells.

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• Additional controls to protect surface water supply sources (i.e., Mill Pond) may be needed. Burlington should submit any water supply protection bylaws that it has for active/inactive reservoirs to MassDEP for review for compliance with 310 CMR 22.20C.

12) There should be a long-term water conservation program, which conforms with the 2018 Water Conservation Standards for the Commonwealth of Massachusetts and is informed by analysis of Burlington’s water use data. The program should include but not be limited to an indoor and outdoor component, a water loss control program, and the development of water rates that provide incentives for water efficiency. The program should also include a public outreach and education component. The program should be documented in written form and updated regularly or at a minimum after each significant drought event. • Burlington should continue its water loss control program and review and revise it in accordance with standard industry best management practices. • Review of the DEIR, FEIR, and Burlington’s Water Conservation Questionnaire, in addition to the information evaluated above in performance standards 1 through 10, indicates that this standard is largely met, except for an updated drought plan, a water loss control program, and billing, all of which are specified as conditions in this Decision. • Burlington’s rgpcd is below 65. The five-year average is 50 rgpcd. Burlington should continue its efforts to remain at that level or below.

Notwithstanding the above assessment, the WRC recognizes that in certain cases, local conditions may prevent a proponent from meeting or exceeding the “yardstick” that has been described in ITA guidance, even after a substantial effort has been made. In these cases, the proponent should explain why that standard cannot be met, demonstrate an alternate method of meeting the intent of the standard, and document any efforts that have been undertaken in order to comply with the standard. Therefore, the standards are presented as presumptions that can be rebutted in cases where local conditions or other extenuating circumstances must be taken into consideration.

Summary of Water Conservation Criterion Based on the information evaluated in performance standards 1 through 12 above, the WRC finds that the water conservation Criterion of the ITA will be met upon implementation of conditions.

Criterion #4: Forestry Management Program This Criterion requires that a comprehensive forestry management program has been implemented on any watershed lands with surface water sources serving the receiving area (Burlington) and under the control of the receiving area. Burlington’s FEIR provided a list of allowable activities and practices on its watershed properties to ensure surface water protection. • Burlington should develop a local Surface Water Supply Protection Plan for Mill Pond Reservoir. MassDEP’s Drinking Water Program is available to provide GIS maps, guidance and technical assistance. The plan shall include a component on forestry for watershed protection, should Burlington have plans to conduct forestry operations on town-owned properties.

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Criterion #5: Reasonable Instream Flow and Criterion #7: Cumulative Impacts Burlington is proposing to purchase up to 6.5 MGD of water from MWRA. Criterion #5 requires that “reasonable instream flow in the river from which the water is transferred is maintained.” In addition, per Criterion #7 the WRC must consider the “cumulative impacts of all past, authorized or proposed transfers on streamflows, groundwater, lakes, ponds, reservoirs or other impoundments in the Donor Basin and relevant sub-basins”.

The ITA regulations (313 CMR 4.09(e)) direct the WRC to consider that “reasonable instream flow in the river from which the water is transferred is maintained” in making its decision to approve or deny an Interbasin Transfer request. In this case, the WRC evaluated the impacts of transferring 6.5 MGD on the operations of the MWRA Water Works System, which include impacts to reservoir levels, drought levels, low flows, intermediate flows, high flows, and the MWRA’s mandated downstream releases. In addition, the cumulative impacts of the Burlington transfer, other recently approved transfers, and other potential new transfers to communities which may be added in the near future were evaluated. These transfers could result in an additional combined annual average of 10 MGD of system demand and includes the recently approved Ashland ITA transfer of up to 1.6 MGD. In its analysis of these Criteria, the WRC relied on data provided in the Burlington DEIR, FEIR, information regarding the MWRA system in a document titled, “MWRA Water System Supply and Demand” (May 2002), and previous WRC Decisions. Streamflow data and reservoir release data for the analysis were obtained from the US Geological Survey and previous WRC ITA reviews.

Quabbin & Wachusett Reservoirs, Ware River and MWRA Water Works System The principal components of the system consist of the Quabbin Reservoir, Wachusett Reservoir, and the Ware River intake, the deep rock tunnels which deliver water eastward, and approximately 285 miles of pipe that distribute water to MWRA communities (Figure 2). The capacity of the transfer system is based on detailed design analysis as well as empirical operating history.

Figure 2 MWRA Water System Map

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The Quabbin Reservoir, Wachusett Reservoir, and Ware River system is operated with the primary objective of ensuring high quality adequate water supply. Secondary operational objectives include maintaining an adequate flood protection buffer particularly during the spring melt and hurricane seasons and maintaining required minimum releases to both the Swift and Nashua Rivers.

Operating Schedule of the Proposed Interbasin Transfer Burlington proposes to ultimately withdraw approximately 3.5 MGD ADD and up to 6.5 MGD on a maximum daily basis (MDD). Given that MWRA’s reservoirs are multi-year storage reservoirs with 477 billion gallons of storage, the variation in Burlington’s demand from MWRA over a 24-hour period, or day-to-day or between winter and summer months is of no significance to reservoir operations.

Quabbin Reservoir The Quabbin Reservoir, located in the Chicopee River Basin, has a well-protected watershed area of 186 square miles, and a maximum storage capacity of 412 billion gallons, equivalent to between five- and six-years’ worth of supply. The Quabbin contributes about 53% towards the system safe yield of 300 MGD. In addition to the water flowing directly into it, the Quabbin Reservoir can also receive water from the Ware River (also in the Chicopee River basin) via the Ware River intake. The Quabbin Reservoir is connected by the Quabbin Aqueduct to the Wachusett Reservoir in the Nashua River basin. Transfers from the Quabbin Reservoir control the Wachusett Reservoir elevation, which is kept within a narrow operating range mostly for water quality purposes, while allowing the Quabbin Reservoir to freely fluctuate. Uncontrolled releases, or unintended spills, can occur occasionally over the Quabbin spillways. There have also been extended multi-year periods when no spillway discharges have occurred.

Minimum Flow Requirements – Releases from the Quabbin Reservoir to the Swift River Chapter 321 of the 1927 Acts of Massachusetts and the 1929 War Department Requirement call for minimum discharges to the Swift River. Sufficient water must be discharged from the Quabbin Reservoir to provide at least 20 MGD (30 cfs) in the Swift River at the Village of Bondsville located five miles downstream of Winsor Dam (Figure 3). At least 18 MGD, and more typically 20-25 MGD, is continually released from the Winsor Dam each day. This satisfies the 20 MGD requirement since the intervening watershed between Winsor Dam and Bondsville is estimated, on average, to contribute 4 MGD. Additionally, 6 MGD is supplied to the McLaughlin Fish Hatchery through a direct pipeline from the Quabbin, which is returned to the Swift River upstream of Bondsville.

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Figure 3 Quabbin Reservoir

A 1929 War Department permit (now overseen by the Army Corps of Engineers) also requires seasonal releases from the Winsor Dam to maintain flow for navigability on the Connecticut River between June 1 and November 30. The seasonal releases are 70 cfs (45 MGD) if the flow in the Connecticut River, as measured at the Montague stream gage, falls below 4,900 cfs, and 110 cfs (70 MGD) if the Montague gage falls below 4,650 cfs.

Wachusett Reservoir Wachusett Reservoir has a maximum capacity of 65 billion gallons and a 107 square mile watershed that is more developed than the Quabbin watershed. The Wachusett Reservoir contributes about 34% of the system safe yield of 300 MGD. Wachusett Reservoir is managed for continuous water availability, optimal water quality, minimum release requirements, and flood control. The Reservoir’s elevation is maintained within a narrow operating band. When Wachusett Reservoir watershed yields are sufficient to maintain Reservoir elevations within the normal operating range, and transfers from the Quabbin are made for water quality purposes, higher levels of releases from valves at the Wachusett Dam to the Nashua River may be required to maintain adequate freeboard to minimize flooding potential.

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Minimum Flow requirements- Releases from Wachusett Reservoir to the Nashua River The MWRA releases water to the Nashua River consistent with Chapter 488 of the Acts of 1895, which requires that not less than 12 million gallons per week be discharged into the South Branch of the Nashua River (or on average 1.71 MGD equivalent to 2.6 cfs). This release is made via a continuous release into the basin at the base of the Wachusett Dam and is typically higher than required.

Ware River The Ware River, at its intake, has a watershed area of 96.8 square miles. The Ware River contributes approximately 13% of the total system safe yield of 300 MGD. Under the operating approach currently implemented by the MWRA, transfers from the Ware River are made only on a limited basis for flood control or to help fill the Quabbin Reservoir when its levels are beneath their seasonal normal values.

Minimum Flow Requirements- Ware River Transfers from the Ware River to Quabbin Reservoir are only allowed at Ware River flows above 85 MGD (131 cfs), and must be limited to the period from October 15 to June 15. In addition, permission must be obtained from the Army Corps of Engineers to transfer water during the periods of June 1 through June 15 and October 15 through November 30.

Hydrologic Analysis Several types of data are available to evaluate the potential impact of the Burlington transfer, as well as any planned or proposed transfers, on the Quabbin Reservoir. Streamflow data, or a hydrograph showing the impact of the proposed transfer on the donor river basin, is usually evaluated as part of an interbasin transfer review. However, several factors make the use of downstream flow data difficult in this case. First, the Quabbin Reservoir has a huge storage capacity, which is used to maintain a constant minimum flow. Second, the current MWRA system demand is significantly lower than its historic demand; therefore, superimposing the transfer on a historic downstream hydrograph would not be realistic. For these reasons, other types of data, including releases and reservoir levels, are being used to evaluate these Criteria. To account for the change in system demand, some of the analyses have used a shortened period of record on which to superimpose the transfer. Due to the presence of large water supply dams and their associated reservoirs, Aquatic Base Flow (ABF) criteria were not applied to downstream releases, since the outflows from the dams would not reflect the size of the watersheds above the dams on a cubic feet per second per square mile (cfsm) basis. The Burlington application indicates that in general, given the relatively small size of the transfer in comparison to the capacity of the reservoir and the magnitude of discharges over the spillway, and the discharges governed by regulatory requirements, the effects from the proposed withdrawals on hydraulic characteristics will be imperceptible. Intended downstream releases at Quabbin, Ware, and Wachusett will not change. There would only be a slight reduction in unintended spillway flows at Quabbin.

Quabbin Reservoir and Swift River Both time series flow graphs and flow duration curves are used to describe river flow conditions. Figures 4 and 5 show both the time series and flow duration curve for the Swift River at the West Ware gage for the time period of 1950 to 2017. The Swift River West Ware gage is located 1.4

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miles downstream from Winsor Dam and has a period of record from 1913 to present. The West Ware gage is located approximately 3.6 miles upstream of the compliance point at Bondsville. The intervening drainage area between the two points is reported to contribute 4 MGD of base flow (MWRA Water System Supply and Demand, 2002).

Figure 4 Swift River Time Series 1950 to 2017

Because the mandated flow requirements have been maintained, even during periods when demands were over the current level, and through the 1960’s drought of record, it is assumed that those releases will continue to be met and permit conditions will be satisfied under the proposed transfer demand scenarios. Additional demands from Burlington are not expected to affect Swift River releases from the Quabbin Reservoir, which represent the majority of low flows.

Flow variation is evident in the time series graph, and the flow duration curve depicts the very high frequency of flows that exceed the minimum release requirement from the Quabbin Reservoir.

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Figure 5 Swift River Flow Duration Curve 1950 to 2017

Controlled releases are significantly greater than the estimated natural 7Q10 flow as a result of the 20 MGD requirement at Bondsville. Rather than low August flows, the War Department permit frequently requires higher releases in the summer months in response to the Montague gage on the Connecticut River. When flows drop below trigger levels on the Connecticut, MWRA must release either 45 or 70 MGD.

While only minimum release requirements apply to the Quabbin Reservoir, data from USGS gages indicate that intermediate flows occur as a result of releases above the minimum requirements for the Swift River. There will only be a slight reduction in unintended spillway flows at Quabbin. The additional demand of Burlington will not in itself cause any change in how the Reservoir is operated.

Variability in Swift River flows is attributed to operational practices in a given year, the varying War Department permit releases, the use of the spillway as the reservoir nears full, as well as climatic conditions, and this variability will remain with or without the supply to Burlington.

Wachusett Reservoir and Nashua River Flows between 1.8 and 100 MGD may be released through a valve in the Wachusett Dam to control the reservoir level or when Wachusett Reservoir is being supplemented with Quabbin water for water quality purposes. Flows above 100 MGD occur when the Wachusett Reservoir spillway crest gate is activated for larger releases and spilling. Previous analysis for the time

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period of 1938 to 2006 showed that a minimum of 1.71 MGD release or greater occurred most of the time (Figures 6 and 7).

Figure 6 Time Series Releases from Wachusett Reservoir to Nashua River, 1938 to 2006

Figure 7 Wachusett Releases Flow Duration Curve 1938 to 2006

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Figure 8 shows a times series of Nashua River daily releases from 2002-2018 taken from the DEIR.

Figure 8 Time Series Releases from Wachusett Reservoir to Nashua, 2002 to 2018

Figure 9 shows a times series of Nashua River flows from the newer USGS Gage 01095503 from July 2011 (when the period of record starts) through 2017. Additional demands from Burlington are not expected to affect Nashua River releases, which represent a majority of the low flows, from the Wachusett reservoir.

Figure 9 Nashua River Flow, MGD, USGS Gage 01095503

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While only minimum release requirements apply to the Wachusett Reservoir, data from USGS gages indicate that intermediate flows can occur as a result of releases above the minimum requirement of 12 MGD per week. The additional demand of Burlington will not in itself cause any change in how the Wachusett Reservoir is operated, nor in releases to the Nashua River. Since high flows from the Wachusett Reservoir are generally uncontrolled spills, and the reservoir level is intended to be managed to a narrow range of levels, the proposed Burlington interbasin transfer is not considered to have an impact on high flows in the Nashua River.

Ware River According to MWRA, the Ware intake at Barre was designed to pass the first 85 MGD before flow can be siphoned into the intake. Flow is measured by MWRA using its own meter at the intake. Low-flow impacts on Ware River diversions as a result of the additional demands posed by Burlington are not expected. Ware River diversions are limited to non-low-flow months (November through May), and to periods when flow exceeds 85 MGD. It is noted that diversions from the Ware River to the Quabbin Reservoir are typically only made when the reservoir level is below normal or the Army Corps of Engineers requests them for flood control.

Previous analysis showed that intermediate flows at the Ware River intake (classified herein between 50 to 100 MGD) occurred 38 percent of the time between 2002 and 2006 (See Figures 10 and 11). During this period, at times when the diversion was activated, up to 85% of Ware River flow was diverted, while maintaining at least the minimum 85 MGD downstream release. For the period analyzed (2002 to 2006), the Ware diversion was operated 184 days, or about 27 percent of the time during the intermediate flows. It is acknowledged that Ware diversions are limited based on MWRA’s operating practices. Even with the diversions, however, the frequency and magnitude of intermediate flows in the Ware River appear nearly normal. High flows on the Ware River are impacted by diversions to the Quabbin Reservoir. Previous analysis showed that high flows (above 100 MGD) at the Ware River intake occurred 30 percent of the time between 2002 and 2006. During this period, at times when the diversion was activated, up to 84% of Ware River flow was diverted, while maintaining at least the minimum 85 MGD downstream release. For the period analyzed (2002 to 2006), the Ware diversion was operated only 34 days, or about 6 percent of the time during high flows. As noted previously, Ware diversions are limited based on MWRA’s operating practices. Even with the diversions, however, the frequency and magnitude of high flows in the Ware River appears nearly normal. The addition of Burlington will not likely have an impact on the use of Ware River diversions or high flows in the Ware River.

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Figure 10 Time Series Ware River Flows, 2002 to 2006

Figure 11 Ware River Flows and Flow Duration Curve, 2002 to 2006

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Quabbin Reservoir - Levels & Drought Analysis Quabbin Reservoir Levels Figures 12 and 13 show system demand and reservoir elevation levels for the period 1950 through 2018 and 1948 through 2018 respectively.

Figure 12 MWRA Annual Average System Demand 1950- 2018

Figure 13 Quabbin Reservoir Levels 1948 – 2018

Quabbin Reservoir Performance - Drought Analysis The safe yield of the Quabbin /Wachusett/Ware system is approximately 300 MGD. MWRA system demand has decreased since the 1980’s. In the DEIR, the baseline demand used for analysis was 203 MGD (5-year average 2013-2018) (See Figure 14). Page 24 of 31

Figure 14 MWRA Demand Five Year Average 1980 to 2018

Projected 2040 Demand Residential demand between 2010 and 2040 for water communities typically served by MWRA (which does not include emergency-only communities of Worcester, Leominster, and Cambridge) is projected to increase by approximately 23.6 MGD. It is assumed that new population growth in MWRA’s communities, both partially and fully served, would be met by MWRA, not local sources. An additional 5.9 MGD is projected for non-residential demand, for a total of 29.5 MGD. Adding 29.5 MGD to the average annual demand of the MWRA water service area for the five preceding years results in a demand estimate of 233 MGD in 2040, if it is assumed that use of local sources remains roughly the same. To account for potential changes in local sources, an additional demand of 17 MGD was added. The conservative assumption of 17 MGD additional demand from partial and emergency users results in a total projected demand on the existing MWRA system of approximately 250 MGD.

The total projected demand in 2040 of the existing system as calculated above added to the demand from Burlington, Ashland, and other communities that may join MWRA system in the future for a total of up to 10 MGD results in a future demand of 260 MGD in 2040.

MWRA modeled the long-term impacts of demands ranging from 200 to 300 MGD on reservoir performance measures using the historical record 1948-2018, which includes the 1960’s drought of record. The performance measures were developed in the 1994 “Trigger Planning Study.” The results presented here assume use of MWRA’s current operating procedures for the Ware River. All analysis also assumes full compliance with all required releases to the Swift and Nashua Rivers, and a continuation of current system operating practices. The model incorporates “pop-up” demand from MWRA partially supplied and emergency communities including Cambridge and Worcester. The reservoir performance measures used not only assess the ability of the system to satisfy projected demands, but also measure the corresponding impacts on the condition and ecology of Quabbin Reservoir and on the consumers served by the system.

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At a demand of 260 MGD, there would be five months spent in drought emergency stage 1 (in addition to 66 months below normal, and 57 months in drought warning (Table 1).

Table 1 Number of Months in Each Stage of MWRA’s Drought Management Plan, October 1948 to September 2018 (Including Drought of Record)

Drought Emergency Stage 1 is when the Quabbin levels are between 38% to 60% and there is a 10% target use reduction with mandatory restrictions (Table 2).

Table 2 MWRA Drought Management Stages

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The Quabbin’s maximum descent would still be above 500 feet, above the level that performance could be affected and there are water quality concerns (see Figure 15).

Figure 15 Maximum Pool Descent

Varying water demand at the levels associated with Burlington’s demand has no impact on MWRA’s ability to maintain required minimum stream flows. Whether MWRA system demand is 203 MGD (the baseline demand), 260 MGD (baseline water demand plus growth in the existing service area, potential increased demand of current partial communities, and 10 MGD for Burlington, Ashland and other potential new communities), or 300 MGD (the level of demand in the 1980s), minimum in-stream flows and discharges required by the 1927 Acts of Massachusetts and 1895 Acts of Massachusetts and 1929 War Department permit are met. MWRA’s controlled discharges are primarily dictated by statutorily required minimum releases, other operational practices that have been put in place to optimize water supply and water quality, and other environmental initiatives of MWRA. All of the modeling summarized above assumes all mandated releases are made.

Impacts to Flow Characteristics ITA criteria require evaluating impacts of the transfer on specific flow statistics. No impact to the Swift River 95% flow duration (20.0 MGD) is expected, compared to existing conditions. The 95% flow duration is equivalent to the state-mandated release requirement of 20 MGD at Bondsville. Data from the Swift River gage indicate that the mandated release has been achieved at virtually all times and it is expected that it will be maintained into the future and will not be affected by the proposed transfer or those of future communities included in this analysis.

The 95% flow duration at the Wachusett Reservoir is not likely to be affected by the proposed additional transfers requested by Burlington. Data previously provided by the DCR Office of

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Watershed Management and USGS gage data indicate that the mandated release has been achieved at virtually all times since 2002 and it is expected that it will be maintained into the future and not be affected by the proposed transfer.

The 95% flow duration at the Ware River should not be impacted by the proposed increase in interbasin transfer since Ware River diversions are not allowed during low flow periods.

Impacts to Other Uses Fisheries The proposed additional withdrawal will have no effect on anadromous fisheries, searun brook and brown trout, smelt and American shad. There are numerous downstream barriers to fish passage on the Swift and Chicopee Rivers, and the Swift River is not a component of the Connecticut River Anadromous Fish Restoration Program.

According to the Massachusetts Division of Fisheries and Wildlife, the Swift River below Winsor Dam, down to the confluence with the Ware River, contains significant fisheries habitat. An instream flow incremental method (IFIM) study of the Swift River in 1997 by Normandeau Associates for MWRA indicated that the current flow releases were adequate to protect the Swift River trout fishery. MWRA and DCR Office of Watershed Management have taken a number of steps to address fisheries issues in the Swift River.

Hydropower There are no hydropower projects on the Swift River downstream of Winsor Dam. On the Chicopee River, downstream of the Swift River, there is the Red Bridge Dam, the Ludlow Dam, Indian Orchard Dam, Chicopee Falls Dam and Dwight Dam. These Chicopee River hydropower projects are affected by flows from a much greater drainage area than just the Swift above Winsor Dam. These projects would be unaffected by the proposed withdrawal from Burlington, Ashland and other potential new communities for a total of 10 MGD.

Other Instream Uses There are no ACECs mapped downstream of Quabbin Reservoir or the Ware River. The Central Nashua River Valley ACEC is located downstream of the Wachusett Reservoir but will not be affected by this transfer as current operating procedures and required discharges to the river will not change. There are no designated wild and scenic rivers downstream of the water sources that supply the MWRA system.

Other than the Quabbin Reservoir itself, the only significant wetland in the Chicopee River basin that could be affected by the transfer is in Ware, along the Swift River. The area is 70 acres of open water impounded by a dam in Bondsville. Because this area is open water and is part of the river, current minimum flow requirements appear to be adequate to protect the wetland area.

The current values would not be altered as a result of supplying 10 MGD of water to Burlington, Ashland, and other potential new communities, and no effects on water quality, recreational uses, and aesthetic values are anticipated. The reservoir system will continue to be operated to maximize water quality and will continue to be governed by an operating policy developed and supported by detailed modeling.

Page 28 of 31

Summary of Reasonable Instream Flow Analysis and Cumulative Impacts The analyses of release data indicate there will be no change in the operation of the Quabbin and Wachusett Reservoirs in response to the proposed Burlington transfer or to other potential transfers up to the 10 MGD used in the analyses of the MWRA Water Works System. Downstream flows will continue to meet all applicable permit and regulatory requirements. Low flows will not change, and intermediate and high flows will possibly only be slightly affected on the Swift and Ware Rivers. Current resources will be unaffected by the transfer. The proposed action to increase the present rate of interbasin transfer will still maintain reasonable instream flow in the donor basins. The WRC recognizes that current conditions represent a highly engineered environment. Modifications to the timing and magnitude of releases to the Swift and Nashua Rivers, previously undertaken, may be beneficial to the downstream aquatic habitat. This Decision attempts to address the balance between water supply needs and aquatic habitat needs of flow, water quality and water temperature in the Swift, Ware, and Nashua Rivers.

Criterion #6: Impacts of Groundwater Withdrawals MWRA’s sources are surface water sources. This Criterion is not applicable to this proposal.

EXECUTIVE ORDER 385 This Decision is consistent with Executive Order 385, which has the dual objective of resource protection and sustainable development. This Decision does not encourage growth in areas without adequate infrastructure nor does it cause a loss of environmental quality or resources.

CONDITIONS FOR APPROVAL Based on the analyses of this project, the approval of Burlington’s application under the ITA to purchase water from MWRA is subject to the following conditions. Burlington must commit in writing within 45 days of this Decision to abide by all conditions required by the approval of this transfer.

1. By virtue of claiming that its local groundwater sources are currently not viable at any time for drinking water purposes, and therefore an interbasin transfer from the MWRA is needed to meet the Town’s water supply needs, under the ITA Burlington will need to ultimately discontinue the use of its groundwater sources. During Phase 1 of the project, in which 1 MGD will be transferred from MWRA to Burlington through the Town of Lexington, Burlington will still need to rely on the currently active Vine Brook wells and WTP (Wells No. 1, 2, 10, and 11, which produce approximately 1.95 MGD) to meet water supply needs. When Phase 2 is complete, accepted for commissioning by MassDEP and the Town, and the connection to MWRA for the full 6.5 MGD is active, Wells No. 1, 2, 10 and 11 will then be maintained in an inactive ready status to be pumped through the Vine Brook WTP monthly. After the completion of Phase 2, the wells and the Vine Brook WTP will be used for water supply purposes only during a MassDEP-declared emergency.

If, at a future date, the Town decides to completely remove the wells from service and decommission and demolish the Vine Brook WTP, Burlington must notify the WRC of this change in operations. In addition, in the event that Burlington’s local groundwater sources become viable in the future, Burlington must notify the WRC for consideration of

Page 29 of 31

the implications of in-basin water availability on this approval. Burlington must also notify the WRC of any system changes, including those in infrastructure or operation, which could provide the Town the ability to increase its rate of interbasin transfer.

2. Burlington must prioritize the use of its surface water source to the maximum extent possible and may only withdraw the full 6.5 MGD (MDD) from MWRA when the Mill Pond WTP is not available to supply water to the Town due to maintenance, repair needs, or other circumstances. In the future, if Burlington seeks to discontinue use of its Mill Pond WTP and rely solely on the MWRA for its full supply of water, Burlington must notify the WRC regarding the change in viability of its local surface water sources and request and obtain from the WRC appropriate amendments to the final WRC decision to reflect the changed circumstances that its local sources are no longer viable.

3. To attain compliance with Water Conservation Standard #4 - Pricing, Burlington must: a. Eliminate the base allocation of 5,000 gallons per annual billing cycle within the secondary residential rate. b. Create new tier volumes for the secondary residential rate that more effectively distinguish between efficient and inefficient outdoor usage and send stronger price signals for less efficient use. c. Substantially reduce or eliminate the base allocation of 10,000 gallons per quarterly billing cycle for commercial customers.

4. Within the next four years and with updates on progress provided annually, Burlington must move to at least quarterly billing for its primary residential accounts and incorporate one additional billing cycle, mid-irrigation season, to achieve the equivalent of quarterly billing for its secondary residential accounts.

5. To attain compliance with Water Conservation Standard #6 - a drought/emergency contingency plan, the Town must update its drought plan to reflect the changes in water supply sources for both the MWRA sources and the remaining local source(s). Additionally, when updating its drought plan, Burlington should review the 2019 (or most recent) Massachusetts Drought Management Plan and incorporate applicable recommended elements from the state plan into its drought plan. It must also tie its drought plan to the Secretary of EEA’s drought declaration as a secondary trigger and incorporate recommended actions by the Secretary of EEA for the Northeast Drought Region.

6. Burlington must continue to regulate nonessential outdoor water use from private wells based on local conditions and state-declared drought status and seek WRC approval prior to making any changes to its Water Supply Conservation bylaw or private well regulations regarding nonessential outdoor water use that would make them less environmentally protective than the current restrictions.

7. To complete compliance with Water Conservation Standard #7 - Municipal Use, Burlington must ensure that its buildings, facilities, and landscapes are using water efficiently both indoors and outdoors. Burlington must use its smart water metering system to analyze existing water-use data to spot trends, patterns, and unexplained

Page 30 of 31

increases that could indicate leaks or inefficient use of water, including monitoring its facilities for leaks and ensuring compliance with water bans at public facilities. Public buildings and facilities that use large amounts of water must be investigated for potential retrofits of fixtures if they are not low flow. Where feasible, use the best available technologies for water conservation for both retrofitted facilities and new construction.

8. To complete compliance with Water Conservation Standard #10 - Industrial, Commercial and Institutional (ICI) Use, Burlington must continue to monitor water use on its metering system for high usage and suspected leaks, and notify the users as needed. The Town must reach out annually to the top 10 users to direct them to EPA’s WaterSense website that has information regarding conservation strategies applicable to the top 10 users (such as hotels, restaurants, etc.) to help emphasize the importance of water conservation.

9. To complete compliance with Water Conservation Standard #12 - A long-term water conservation program, Burlington must: a. Continue to implement core elements of a Water Loss Control Program to remain at or below 10% UAW and review and revise its Program as needed in accordance with standard industry best management practices. Additional elements of a Water Loss Control Program can be found in the 2018 Water Conservation Standards and EPA guidance. Water Loss Control Strategies can be found in the American Water Works Association guidance on M36 Audits as well as EPA guidance. b. Provide annual summaries of progress and make all documents available upon request to WRC staff for review.

10. Burlington must complete the updated WRC Water Conservation Questionnaire to serve as its written water conservation plan and outline how Burlington’s program conforms with the 2018 Massachusetts Water Conservation Standards. This questionnaire, updated every five years by Burlington, will reflect its existing program and additional components outlined in conditions 3 and 4 (water rates and billing), condition 5 (drought plan), condition 7 (municipal use), condition 8 (ICI), and condition 9 (water loss control). Burlington must actively continue all water conservation efforts to maintain its rgpcd at or below 65 and its UAW at or below 10%.

11. Burlington must continue to maintain its public education program on water use and conservation through various media, online and other outlets.

12. Burlington must develop a local Surface Water Supply Protection Plan for Mill Pond Reservoir. MassDEP’s Drinking Water Program is available to provide GIS maps, guidance and technical assistance. The plan shall include a component on forestry for watershed protection, in the event that Burlington has plans to conduct forestry operations on Town-owned properties. As part of this process, Burlington should work with MassDEP to ensure compliance with 310 CMR 22.20C.

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

December 25, 2020

Public Health, Department of 105 CMR 700.000 1/4/21 @ 3:00 P.M. Comments accepted until 1/6/21 @ 5:00 P.M. Revenue, Department of 830 CMR 62.00 1/20/21 @ 10:00 A.M. Written testimony accepted until 1/20/21 @ 5:00 P.M. Transportation and Public Works, 701 CMR 3.00 Written comments accepted Executive Office of until 1/1/21.

CHARLES D. BAKER MARYLOU SUDDERS Governor Secretary KARYN E. POLITO MONICA BHAREL, MD, MPH Lieutenant Governor Commissioner

Tel: 617-624-6000 www.mass.gov/dph NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2, that the Department of Public Health will hold a public hearing on emergency amendments to the following regulation: 105 CMR 700.000 – Implementation of M.G.L. c. 94C.

The emergency amendments update the regulation which implements M.G.L. c. 94C, the Controlled Substances Act. The emergency amendments expand access to vaccines for vaccine-preventable diseases, including COVID-19. They were duly filed with the Secretary of the Commonwealth on November 19, 2020 and are currently in effect.

The public hearing will be held on Monday, January 4, 2021, at 3:00 p.m. Due to the State of Emergency declared by Governor Charles D. Baker on March 10, 2020, and subsequent emergency orders limiting public gatherings, the hearing will be conducted on a moderated conference call. The information for the moderated conference call is:

Dial-in Telephone Number: 877-917-4913 Participant Passcode: 9919056

A copy of the proposed amendments to 105 CMR 700.000 may be viewed on the Department’s website at https://www.mass.gov/service-details/proposed-regulations-and-amendments-department- of-public-health or requested from the Office of the General Counsel by calling 617-624-5220.

Speakers who testify at the public hearing are requested to provide a copy of their oral comments. The Department encourages all interested parties to submit comments electronically to [email protected] or by mail to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All submissions must include the sender’s full name and address.

When electronically submitting comments, type “DCP Regulations” in the subject line and attach a Word document with your comments or type your comments in the body of your email.

The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on Wednesday, January 6, 2021. All comments received by the Department may be released in response to a request for public records.

If you are deaf or hard of hearing, or are a person with a disability who requires accommodation, please contact Alex Gomez at least 5 days before the hearing at Tel # 617-624-5928, Fax # 617-624- 5075, email [email protected], or TTY # 617-624-6001.

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. Small Business Impact Statement 105 CMR 700.000, Implementation of M.G.L. c. 94C (As required by M.G.L. c. 30A §§ 2, 3 & 5) CMR No: 105 CMR 700.000 Estimate of the Number of Small Businesses Impacted by the Regulation: The proposed regulatory amendment is applicable to individuals authorized to possess and administer vaccines through an order of the Commissioner of Public Health issued pursuant to M.G.L. c. 94C, §7(g) and are not expected to impact small businesses. Select Yes or No and Briefly Explain Yes No Will small businesses have to create, file, or issue additional reports? X The proposed regulatory amendment is applicable to individuals authorized to possess and administer vaccines through an order of the Commissioner of Public Health issued pursuant to M.G.L. c. 94C, §7(g) and are not expected to impact small businesses. Yes No Will small businesses have to implement additional recordkeeping procedures? X The proposed regulatory amendment is applicable to individuals authorized to possess and administer vaccines through an order of the Commissioner of Public Health issued pursuant to M.G.L. c. 94C, §7(g) and are not expected to impact small businesses.

Yes No Will small businesses have to provide additional administrative oversight? X The proposed regulatory amendment is applicable to individuals authorized to possess and administer vaccines through an order of the Commissioner of Public Health issued pursuant to M.G.L. c. 94C, §7(g) and are not expected to impact small businesses.

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

The proposed regulatory amendment is applicable to individuals authorized to possess and administer vaccines through an order of the Commissioner of Public Health issued pursuant to M.G.L. c. 94C, §7(g) and are not expected to impact small businesses.

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

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

Yes No Are performance standards more appropriate than design/operational standards to accomplish the X regulatory objective?(Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

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No. The proposed change must be made through regulation to broaden the vaccines for which the Commissioner can authorize certain individuals to administer beyond influenza vaccine.

Yes No Do any other regulations duplicate or conflict with the proposed regulation? X There are no other regulations that duplicate or conflict with the proposed amendments to this regulation.

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

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

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts? X The proposed regulatory amendment is applicable to individuals authorized to possess and administer vaccines through an order of the Commissioner of Public Health issued pursuant to M.G.L. c. 94C, §7(g) and are not expected to impact small businesses. Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? X The proposed regulatory amendment is applicable to individuals authorized to possess and administer vaccines through an order of the Commissioner of Public Health issued pursuant to M.G.L. c. 94C, §7(g) and are not expected to impact small businesses.

Yes No Does the regulation provide for less stringent compliance or reporting requirements for small X businesses?

Yes No Does the regulation establish less stringent schedules or deadlines for compliance or reporting X requirements for small businesses?

Yes No Did the agency consolidate or simplify compliance or reporting requirements for small businesses? X The proposed regulatory amendment is applicable to individuals authorized to possess and administer

2 of 2

Yes No Can performance standards for small businesses replace design or operational standards without X hindering delivery of the regulatory objective?

No. The proposed change must be made through regulation to broaden the vaccines for which the Commissioner can authorize certain individuals to administer beyond influenza vaccine.

Yes No Are there alternative regulatory methods that would minimize the adverse impact on small businesses? X The proposed regulatory amendment is applicable to individuals authorized to possess and administer vaccines through an order of the Commissioner of Public Health issued pursuant to M.G.L. c. 94C, §7(g) and are not expected to impact small businesses.

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THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF REVENUE

NOTICE OF PUBLIC HEARING

Coronavirus Update: Due to the coronavirus emergency, the Department of Revenue ("DOR") is holding this public hearing remotely. Details and instructions for participating and testifying remotely (such as through phone line or online connection) at the remote public hearing will be published online at https:llwww.mass.gov/service-details/public- hearings-dor and are included in this notice below. If you plan to testify at the remote hearing, OOR strongly encourages you to register in advance; see below for instructions. DOR encourages you to submit written testimony in addition to, or instead of, providing testimony at the hearing; see below for instructions. Additionally, requests for copies of proposed regulations will not be accepted in person. Details for obtaining copies of proposed regulations are set forth below.

To join the hearing online, go to

https:llmassdor.webex.com/massdor/j. php?MTI O=m3b90693d37 dce4005f3e43d021 ed 1f d6 .

To join the hearing by phone, call 1-408-418-9388 and enter access code: 179 242 3764

Pursuant to the provisions of General Laws Chapter 14, Section 6(1), Chapter 30A, Section 2, and Chapter 62C, Section 3, the Commissioner will hold a public hearing on the following proposed regulation:

r-..:> 830 CMR 62.5A.3: Massachusetts Source Income of Non-Residents Telecommutir{i c:J due to COVIO-19 rrJ (""') I 00 ~v.

DEPARTMENT OF REVENUE

Scheduled Hearing Date:

Wednesday, January 20,2021 at 10:00 a.m.

Subject Matter:

830 CMR 62.5A.3 sets forth the sourcing rules that apply to income earned by a nonresident employee who telecommutes on behalf of an in-state business from a location outside the state due to the COVID-19 state of emergency in Massachusetts and explains the parallel treatment that will be accorded to resident employees with income tax liabilities in other states that have adopted similar sourcing rules. The rules in this regulation are effective until 90 days after the state of emergency in Massachusetts is lifted.

The regulation also provides rules for non-resident employees who, prior to the, _ Massachusetts COVID-19 state of emergency, determined their Massachusetts source income by apportioning their days spent in Massachusetts in accordance with 830 CMR 62.5A.1 (5)(a). Pursuant to 830 CMR 62.5A.3(3)(b), such non-resident telecommuting employees must determine the portion of their wages that constitutes Massachusetts source income during the Massachusetts COVID-19 state of emergency based on either (1) the percentage of their work days spent in Massachusetts during the period January 1 through February 29, 2020 as determined under 830 CMR 62.5A.1 (5)(a), or (2) if they worked for the same employer in 2019, the apportionment percentage properly used to determine the portion of their wages from that employer that constituted Massachusetts source income as reported on their 2019 Massachusetts personal income tax return. -

Information:

Individuals who notify DOR of their intent to testify at the hearing will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to notify DOR of their intention to testify at the hearing by emailingtheirfullname.mailing address and organization or affiliation, if any to [email protected] by January 19, 2021.

Individuals may also submit written testimony by emailing the Rulings and Regulations Bureau at [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, mailing address, and organization or affiliation, if- any. Individuals who are unable to submit testimony by email should mail written testimony to the Rulings and Regulations Bureau, Post Office Box 9566, Boston, Massachusetts 02114-9566. Written testimony must be submitted by 5:00 p.m. on January 20, 2021.

DEPARTMENT OF REVENUE ---~---~-

Copies of the proposed regulations will be sent electronically via e-mail to practitioners who are on the Rulings and Regulations Bureau's e-mail list. In addition the proposed regulations are posted on the Department of Revenue's Web site at: http://www.mass.gov/dor/businesses/help-and-resources/lega1- library/regulations/proposedregulations.html.

yeoffrey 'E. Snyder "'------Geoffrey E. Snyder Commissioner of Revenue

563010

DEPARTMENT OF REVENUE-~· ~.~~~. - -~-~----=-~-::..---...-

Small Business Impact Statement pursuant to G.L. c. 30A, §§ 2 and 3

830 CMR 62.5A.3 sets forth the sourcing rules that apply to income earned by a nonresident employee who telecommutes on behalf of an in-state business from-a -Iocation- outside the state due to the COVID-19 state of emergency in Massachusetts and explains the parallel treatment that will be accorded to resident employees with income tax liabilities in other states that have adopted similar sourcing rules. The Department of Revenue ("Department") estimates 361,258 small businesses may be impacted by this proposed regulation. No projected reporting, record keeping, or other administrative costs directed at small businesses have been identified as required for compliance with the proposed regulation. Additionally, the proposed regulation does not contain design or performance standards directed at small businesses and does not duplicate or conflict with other regulations of the Department. The Department has not identified any regulations of other agencies that conflict with this proposed regulation. And finally, the proposed regulation is likely to neither deter nor encourage the formation of new businesses, small or otherwise, in the Commonwealth.

563010

r-:> c::l \-.:l c;;::> o rr'l (J I co

Executive Office of Transportation and Public Works Notice of Regulatory Action and Public Comment Period

Notice is hereby given pursuant to M.G.L. c. 30A, § 3 that the Massachusetts Department of Transportation (MassDOT) will accept public comment concerning the following regulatory actions:

1. Repeal of701 CMR 3.00 Privacy and Confidentiality.

The proposed regulatory action will repeal an older, now duplicative regulation promulgated by the former Executive Office of Transportation and Construction. The proposed regulatory action will not substantially alter those matters subject to regulation, but will serve to remove obsolete and redundant regulations,

Written comments presenting data, views, or arguments concerning the proposed regulatory action will be accepted until 5:00 p.m. on January 1, 2021. Written comments must be submitted by email or postal mail to the following address:

Email: [email protected]

Postal Mail: Massachusetts Department of Transportation Office of the General Counsel 10 Park Plaza, Room 3510 Boston, MA 02116

A copy of proposed 701 CMR 3,00 may be obtained by contacting Ryan Ferch at MassDOT/MBTA Office of the General Counsel, 10 Park Plaza, Room 3510, Boston, MA 02116, or by email [email protected].

...... " ::u(/) =...... " rrtrrl = 0(') t::l C rl'1 ,:;:0 C"? J>fi1 '-I):> 0;0 z-< -0 UJo :z: O"'T1

Massachusetts Bay Transportation Authority Ten Park Plaza, Boston, MA 02116 www.mbta.com 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. Small Business Impact Statement (As required by M.G.L. c. 30A §§ 2, 3 & 5)

CMR No: 701 CMR 3.00 Estimate of the Number of Small Businesses Impacted by the Regulation: 0 Select Yes or No and Briefly Explain Yes No Will small businesses have to create, file, or issue additional reports? ☐ ☒ Yes No Will small businesses have to implement additional recordkeeping procedures? ☐ ☒ Yes No Will small businesses have to provide additional administrative oversight? ☐ ☒ Yes No Will small businesses have to hire additional employees in order to comply with the proposed ☐ ☒ regulation?

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

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?

Yes No Are performance standards more appropriate than design or operational standards to accomplish the ☐ ☒ regulatory objective? (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

Yes No Do any other regulations duplicate or conflict with the proposed regulation? ☒ ☒ Yes No Does the regulation require small businesses to cooperate with audits, inspections or other regulatory ☐ ☒ enforcement activities?

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

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts? ☐ ☒ Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? ☐ ☒ Yes No Does the regulation provide for less stringent compliance or reporting requirements for small ☐ ☒ businesses?

Yes No Does the regulation establish less stringent schedules or deadlines for compliance or reporting ☐ ☒ requirements for small businesses?

Yes No Did the agency consolidate or simplify compliance or reporting requirements for small businesses? ☐ ☒

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

2020 CUMULATIVE TABLE TO THE MASSACHUSETTS REGISTER 1408 - 1433

The Cumulative Tables 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: 1999 Register: # 885 1978 138 2000 911 1979 193 2001 937 1980 241 2002 963 1981 292 2003 989 1982 344 2004 1016 1983 396 2005 1042 1984 448 2006 1068 1985 500 2007 1094 1986 546 2008 1120 1987 572 2009 1146 1988 598 2010 1172 1989 624 2011 1198 1990 650 2012 1224 1991 676 2013 1250 1992 702 2014 1276 1993 729 2015 1302 1994 755 2016 1329 1995 871 2017 1355 1996 Supp. # 2 807 2018 1381 1997 833 2019 1407 1998 859

51 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. Effective Issue Date

101 CMR Executive Office of Health and Human Services 21.00 COVID-19 Testing for Staff at Agency Facilities - Emergency .....1429 10/5/20 22.00 Requirement to Disclose COVID-19 Test Results to EOHHS - Emergency ...... 1429 10/5/20 204.00 Rates of Payment to Resident Care Facilities - Compliance (MA Reg. # 1405) ...... 1410 11/15/19 - Emergency ...... 1424 8/1/20 - Compliance (MA Reg. # 1424) ...... 1429 8/1/20 - Emergency ...... 1429 10/15/20 - Correction (MA Reg. # 1410) ...... 1432 11/15/19 - Compliance (MA Reg. # 1429) ...... 1432 10/15/20 - Emergency ...... 1432 11/27/20 206.00 Standard Payments to Nursing Facilities ...... 1410 2/7/20 - Correction (MA Reg. # 1410) ...... 1412 2/7/20 - Emergency ...... 1424 8/1/20 ...... 1427 10/2/20 - Emergency ...... 1429 10/5/20 304.00 Rates for Community Health Centers ...... 1412 3/6/20 309.00 Rates for Certain Services for the Personal Care Attendant Program . 1409 1/24/20 313.00 Rates for Freestanding Clinics Providing Abortion and Sterilization Services - Emergency ...... 1412 2/21/20 - Compliance (MA Reg. # 1412) ...... 1418 2/21/20 320.00 Clinical Laboratory Services - Emergency ...... 1424 8/1/20 - Compliance (MA Reg. # 1424) ...... 1430 8/1/20 327.00 Rates of Payment for Ambulance and Wheelchair Van Services . . . . 1412 3/6/20 329.00 Psychological Testing, Treatment, and Related Services ...... 1409 1/24/20 - Correction (MA Reg. # 1409) ...... 1412 1/24/20 343.00 Hospice Services ...... 1424 8/21/20 345.00 Rates for Temporary Nursing Services - Emergency ...... 1424 8/1/20 - Compliance (MA Reg. # 1424) ...... 1428 8/1/20 346.00 Rates for Certain Substance-related and Addictive Disorders Programs ...... 1408 1/10/20 ...... 1420 6/26/20 - Correction (MA Reg. # 1420) ...... 1421 6/26/20 350.00 Home Health Services - Emergency ...... 1415 4/1/20 ...... 1420 6/26/20 - Emergency ...... 1424 8/7/20 - Compliance (MA Reg. # 1424) ...... 1431 8/7/20 352.00 Rates of Payment for Certain Children’s Behavioral Health Services 1433 12/25/20 355.00 Rates for Freestanding Birth Center Services ...... 1409 1/24/20 359.00 Rates for Home and Community-based Services Waivers ...... 1424 8/21/20 - Correction (MA Reg. # 1424) ...... 1428 8/21/20 361.00 Rates for Continuous Skilled Nursing Services ...... 1422 7/24/20 410.00 Rates for Competitive Integrated Employment Services...... 1420 6/26/20 - Correction (MA Reg. # 1420) ...... 1421 6/26/20 411.00 Rates for Certain Placement, Support, and Shared Living Services .. 1421 7/10/20 412.00 Rates for Family Transitional Support Services ...... 1421 7/10/20

52 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. Effective Issue Date

413.00 Payments for Youth Intermediate-term Stabilization Services ...... 1412 3/6/20 ...... 1420 6/26/20 414.00 Rates for Family Stabilization Services ...... 1409 1/24/20 ...... 1420 6/26/20 ...... 1433 12/25/20 417.00 Rates for Certain Elder Care Services ...... 1431 11/27/20 418.00 Payments for Youth Short-term Stabilization and Emergency Placement Services ...... 1412 3/6/20 ...... 1429 10/30/20 420.00 Rates for Adult Long-term Residential Services...... 1433 12/25/20 422.00 Rates for General Programs - Disability Services ...... 1421 7/10/20 423.00 Rates for Certain In-home Basic Living Supports...... 1419 6/12/20 424.00 Rates for Certain Developmental and Support Services ...... 1421 7/10/20 ...... 1432 12/11/20 - Correction (MA Reg. # 1432) ...... 1433 12/11/20 425.00 Rates for Certain Young Parent Support Programs...... 1419 6/12/20 426.00 Rates for Certain Adult Community Mental Health Services ...... 1421 7/10/20 427.00 Rates for Certain Youth and Young Adult Support Services ...... 1419 6/12/20 444.00 Rates for Certain Substance Use Disorder Services ...... 1418 5/29/20 445.00 COVID-19 Payment Rates for Certain Day Programs - Emergency ..1425 8/14/20 - Correction (MA Reg. # 1425) ...... 1431 8/14/20 - Compliance (MA Reg. # 1425) ...... 1431 8/14/20 446.00 COVID-19 Payment Rates for Certain Community Health Care Providers - Emergency ...... 1424 8/1/20 ...... 1429 10/30/20 801.00 Drug Manufacturer Negotiations and Accountability...... 1412 3/6/20

104 CMR Department of Mental Health 27.00 Licensing and Operational Standards for Mental Health Facilities - Correction (MA Reg. # 1395)...... 1410 7/12/19

105 CMR Department of Public Health 316.000 Use of Face Masks or Coverings in Response to the COVID-19 Pandemic - Emergency ...... 1420 6/11/20 ...... 1425 9/4/20 665.000 Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems ...... 1412 3/6/20 ...... 1419 6/12/20 700.000 Implementation of M.G.L. c. 94C - Emergency ...... 1432 11/19/20

114.3 CMR Division of Health Care Finance and Policy 27.00 Ambulance Services ...... 1412 3/6/20 29.00 Psychological Services ...... 1409 1/24/20 55.00 Freestanding Birth Center Services ...... 1409 1/24/20

115 CMR Department of Developmental Services 2.00 Definitions ...... 1411 2/21/20 5.00 Standards to Promote Dignity ...... 1411 2/21/20 53 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. Effective Issue Date

130 CMR Division of Medical Assistance 450.000 Administrative and Billing Regulations ...... 1420 7/1/20 506.000 MassHealth: Financial Requirements ...... 1420 7/1/20 519.000 MassHealth: Coverage Types - Correction (MA Reg. # 1407) . . . . . 1409 1/1/20 520.000 MassHealth: Financial Eligibility ...... 1420 7/1/20 610.000 MassHealth: Fair Hearing Rules - Correction (MA Reg. # 1397) . . . 1410 8/9/19

201 CMR Office of Consumer Affairs and Business Regulation 16.00 Placing, Lifting and Removal of Security Freezes ...... 1427 10/2/20

205 CMR Massachusetts Gaming Commission 3.00 Harness Horse Racing ...... 1414 4/3/20 4.00 Rules of Horse Racing ...... 1414 4/3/20 101.00 M.G.L. c. 23K Adjudicatory Proceedings ...... 1409 1/24/20 109.00 Authority of the Commission to Act in an Emergency Situation - Emergency ...... 1418 5/14/20 ...... 1423 8/7/20 133.00 Voluntary Self-exclusion - Emergency ...... 1408 12/23/19 - Compliance (MA Reg. # 1408) ...... 1413 12/23/19 ...... 1418 5/29/20 134.00 Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations - Emergency ...... 1408 12/23/19 - Compliance (MA Reg. # 1408) ...... 1413 12/23/19 ...... 1418 5/29/20 - Emergency ...... 1422 7/6/20 ...... 1426 9/18/20 - Emergency ...... 1433 12/4/20 138.00 Uniform Standards of Accounting Procedures and Internal Controls - Emergency ...... 1417 4/24/20 - Emergency Refile (MA Reg. # 1417) ...... 1422 4/24/20 ...... 1426 9/18/20 ...... 1426 9/18/20 149.00 Race Horse Development Fund - Emergency ...... 1422 6/30/20 ...... 1426 9/18/20

209 CMR Division of Banks and Loan Agencies 41.00 The Licensing of Mortgage Loan Originators ...... 1408 1/10/20 45.00 The Licensing and Regulation of Money Services Businesses ...... 1408 1/10/20

211 CMR Division of Insurance 26.00 Annual Financial Reporting for Years Ending 2010 and After ...... 1408 1/10/20

220 CMR Department of Public Utilities 36.00 Sample Test Procedures for New Residential and Small Commercial Gas Meters ...... 1432 12/11/20

54 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. Effective Issue Date

69.00 Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities ...... 1432 12/11/20 100.00 Massachusetts Gas Distribution Code ...... 1432 12/11/20 101.00 Massachusetts Natural Gas Pipeline Safety Code...... 1432 12/11/20 104.00 Petroleum Gas Plants ...... 1432 12/11/20 107.00 Abandonment of Gas Service Lines and Leakage Survey Procedures 1432 12/11/20 108.00 Control of Drug Use ...... 1432 12/11/20 109.00 Design, Construction, Operation, and Maintenance of Intrastate Pipelines Operating in Excess of 200 PSIG ...... 1432 12/11/20 111.00 Construction of Streets, Places and Ways, except Residential Driveways, over, along or across High Pressure Gas Mains Operating at Pressures in Excess of 200 PSIG ...... 1432 12/11/20 112.00 Design, Operation, Maintenance and Safety of Liquefied Natural Gas (LNG) Plants and Facilities ...... 1432 12/11/20 113.00 Operation, Maintenance, Replacement, and Abandonment of Cast Iron Pipelines ...... 1432 12/11/20 115.00 Uniform Reporting of Lost and Unaccounted-for Gas - Correction (MA Reg. # 1407)...... 1409 12/27/19

225 CMR Department of Energy Resources 20.00 Solar Massachusetts Renewable Target (SMART) Program - Emergency ...... 1416 4/14/20 - Emergency Refile (MA Reg. # 1416) ...... 1421 4/14/20 ...... 1422 7/24/20 - Correction (MA Reg. # 1422) ...... 1423 7/24/20 21.00 Clean Peak Energy Portfolio Standard (CPS) ...... 1423 8/7/20

237 CMR Board of State Examiners of Electricians and Board of Electrician's Appeals 13.00 Eligibility Criteria for Initial Licensure ...... 1410 2/7/20

243 CMR Board of Registration in Medicine 2.00 Licensing and the Practice of Medicine - Emergency ...... 1409 1/7/20 - Compliance (MA Reg. # 1409) ...... 1414 1/7/20

259 CMR Board of Registration of Allied Health Professionals 3.00 Occupational Therapists ...... 1423 8/7/20 4.00 Athletic Trainers ...... 1425 9/4/20 - Correction (MA Reg. # 1425) ...... 1430 9/4/20 5.00 Physical Therapists ...... 1423 8/7/20

261 CMR Board of Respiratory Care 5.00 Continuing Education ...... 1410 2/7/20

55 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. Effective Issue Date

264 CMR Board of Registration of Real Estate Appraisers 5.00 Licensure/Certification Requirements ...... 1416 5/1/20

301 CMR Executive Office of Energy and Environmental Affairs 41.00 Toxic or Hazardous Substances List ...... 1433 12/25/20

310 CMR Department of Environmental Protection 4.00 Timely Action Schedule and Fee Provisions ...... 1416 5/1/20 7.00 Air Pollution Control ...... 1413 3/20/20 ...... 1421 7/10/20 ...... 1433 12/25/20 ...... 1433 12/25/20 22.00 Drinking Water ...... 1419 6/12/20 ...... 1427 10/2/20 - Correction (MA Reg. # 1427) ...... 1430 10/2/20 40.0000 Massachusetts Contingency Plan - Correction (MA Reg. # 1407) . . . 1408 12/27/19 - Correction (MA Reg. # 1407) ...... 1413 12/27/19 42.00 Certification and Operation of Environmental Analysis Laboratories 1419 6/12/20

321 CMR Division of Fisheries and Wildlife 2.00 Miscellaneous Regulations Relating to Fisheries and Wildlife ...... 1421 7/10/20 3.00 Hunting ...... 1418 5/29/20 ...... 1421 7/10/20 10.00 Massachusetts Endangered Species Act Regulations ...... 1408 1/10/20 - Correction (MA Reg. # 1408) ...... 1410 1/10/20

322 CMR Division of Marine Fisheries 6.00 Regulation of Catches - Correction (MA Reg. # 1405) ...... 1413 11/29/19 ...... 1413 3/20/20 - Correction (MA Reg. # 1413)...... 1421 3/20/20 ...... 1416 5/1/20 ...... 1416 5/1/20 - Emergency ...... 1420 6/3/20 ...... 1426 9/18/20 7.00 Permits ...... 1416 5/1/20 8.00 Coastal Fisheries Conservation and Management - Correction (MA Reg. # 1387) ...... 1413 3/22/19 9.00 Management of Sea Herring ...... 1416 5/1/20

330 CMR Department of Agricultural Resources 12.00 Licensing and Operation of Pet Shops ...... 1412 3/6/20 25.00 Agricultural Composting Program ...... 1411 2/21/20 29.00 Dairy Farmer Tax Credit Program ...... 1424 8/21/20 30.00 Animal Rescue and Shelter Organization Regulations ...... 1412 3/6/20

56 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. Effective Issue Date

400 CMR Executive Office of Housing and Economic Development 5.00 COVID-19 Emergency Regulations - Emergency ...... 1417 4/23/20 - Compliance (MA Reg. # 1417) ...... 1421 4/23/20 - Emergency ...... 1427 9/17/20 - Emergency ...... 1428 10/1/20

402 CMR Economic Assistance Coordinating Council 3.00 District Improvement Financing ...... 1410 2/7/20

430 CMR Department of Unemployment Assistance 22.00 COVID-19 Emergency Regulations - Emergency ...... 1414 3/16/20 - Emergency ...... 1424 8/4/20

454 CMR Department of Labor Standards 31.00 COVID-19 Workplace Safety Regulations - Emergency ...... 1421 6/23/20 - Emergency ...... 1426 8/28/20 ...... 1430 11/13/20

458 CMR Department of Family and Medical Leave 2.00 Family and Medical Leave ...... 1422 7/24/20

515 CMR Department of State Police 8.00 Testing of Quantity Limited Evidence within the Sexual Assault Evidence Collection Kit Pursuant to M.G.L. c. 41, § 97B½ ...... 1430 11/13/20

527 CMR Board of Fire Prevention Regulations 1.00 Massachusetts Comprehensive Fire Safety Code ...... 1417 5/15/20 - Correction (MA Reg. # 1402) ...... 1424 10/18/19 - Correction (MA Reg. # 1402) ...... 1427 10/18/19 12.00 Massachusetts Electrical Code - Correction (MA Reg. # 1407) . . . . . 1412 12/27/19 - Emergency ...... 1420 6/10/20 - Emergency ...... 1427 9/10/20 - Compliance (MA Reg. # 1427) ...... 1427 9/10/20

540 CMR Registry of Motor Vehicles 2.00 Motor Vehicle Regulations ...... 1414 4/3/20 7.00 Minimum Standards for Construction and Equipment of School Buses and Minimum Standards for School Pupil Transport Vehicles - Emergency ...... 1426 8/24/20 - Compliance (MA Reg. # 1426) ...... 1432 8/24/20 21.00 - Emergency ...... 1426 8/24/20 - Compliance (MA Reg. # 1426) ...... 1432 8/24/20

57 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. Effective Issue Date

560 CMR State 911 Department 4.00 Regulations Governing Enhanced 911 Service for Multi-line Telephone Systems ...... 1417 5/15/20

603 CMR Department of Elementary and Secondary Education 4.00 Vocational Technical Education ...... 1413 3/20/20 7.00 Educator Licensure and Preparation Program Approval - Emergency 1427 9/11/20 ...... 1430 11/13/20 ...... 1432 12/11/20 27.00 Student Learning Time - Emergency ...... 1422 7/2/20 ...... 1428 10/16/20 30.00 Massachusetts Comprehensive Assessment System and Standards for Competency Determination ...... 1411 2/21/20 50.00 Education Collaboratives Regulations ...... 1428 10/16/20 55.00 Student Opportunity Act Plans - Emergency ...... 1413 3/2/20 - Compliance (MA Reg. # 1413) ...... 1420 3/2/20 56.00 Addressing Regulatory Timelines Due to COVID-19 State of Emergency - Emergency ...... 1415 4/3/20 - Compliance (MA Reg. # 1415) ...... 1422 4/3/20

606 CMR Department of Early Education and Care 14.00 Criminal Offender and Other Background Record Checks ...... 1433 12/25/20 15.00 Early Education and Out of School Time Capital Fund Program - Emergency ...... 1430 10/23/20

610 CMR Board of Higher Education 12.00 Operation of Massachusetts Degree-granting Institutions under the State Authorization Reciprocity Agreement ...... 1422 7/24/20 13.00 Financial Assessment and Risk Monitoring of Institutions of Higher Education ...... 1411 2/21/20

651 CMR Executive Office of Elder Affairs 12.00 Certification Procedures and Standards for Assisted Living Residences - Emergency ...... 1424 8/5/20 - Compliance (MA Reg. # 1424) ...... 1428 8/5/20 15.00 Prescription Advantage Program ...... 1408 1/10/20

700 CMR Department of Transportation 2.00 Rules for Adopting, Amending or Repealing Administrative Regulations and for Issuing Advisory Rulings ...... 1423 8/7/20 6.00 Use of Road Flaggers and Police Details on Public Works Projects . . 1423 8/7/20

701 CMR Executive Office of Transportation and Public Works 5.00 The Public Works Economic Development Program ...... 1425 9/4/20

58 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. Effective Issue Date

6.00 Transit-oriented Development Infrastructure and Housing Support Program ...... 1425 9/4/20 7.00 Use of Road Flaggers and Police Details on Public Works Projects . . 1423 8/7/20

703 CMR Massachusetts Bay Transportation Authority (MBTA) 4.00 Rules for Adopting, Amending or Repealing Administrative Regulations and for Issuing Advisory Rulings ...... 1423 8/7/20

720 CMR Department of Highways 3.00 Rules for the Adoption of Administrative Regulations upon Petition of an Interested Person...... 1423 8/7/20 11.00 Small Town Road Assistance Program ...... 1425 9/4/20

730 CMR Massachusetts Turnpike Authority 2.00 Rules for Adopting, Amending or Repealing Administrative Regulations, and for Issuing Advisory Rulings ...... 1423 8/7/20 6.00 Massachusetts Turnpike Authority Tourism Grant Program...... 1425 9/4/20

760 CMR Department of Housing and Community Development 6.00 Occupancy Standards and Tenant Participation for State-aided Housing - Emergency ...... 1425 8/20/20 - Compliance (MA Reg. # 1425) ...... 1429 8/20/20 22.00 Tax Increment Financing ...... 1410 2/7/20 54.00 Massachusetts Low-income Housing Tax Credit Program ...... 1411 2/21/20 56.00 Comprehensive Permit; Low or Moderate Income - Emergency ....1424 8/6/20 - Compliance (MA Reg. # 1424) ...... 1429 8/6/20 63.00 Public Housing Innovation Programs ...... 1411 2/21/20 68.00 Community Investment Tax Credit Program ...... 1411 2/21/20

780 CMR State Board of Building Regulations and Standards 13.00 Commercial Energy Efficiency ...... 1410 2/7/20 - Emergency ...... 1423 7/23/20 - Compliance (MA Reg. # 1423) ...... 1427 7/23/20 51.00 Massachusetts Residential Code ...... 1410 2/7/20 - Emergency ...... 1423 7/23/20 - Compliance ...... 1427 7/23/20 115.00 Appendices...... 1410 2/7/20

801 CMR Executive Office for Administration and Finance 1.00 Standard Adjudicatory Rules of Practice and Procedure - Emergency 1424 8/6/20 - Compliance (MA Reg. # 1424) ...... 1429 8/6/20 4.00 Rates...... 1412 3/6/20 - Emergency ...... 1416 4/10/20 - Emergency ...... 1419 5/26/20 - Compliance (MA Reg. # 1419) ...... 1426 5/26/20 57.00 COVID-19 Emergency Regulations - Emergency ...... 1418 5/8/20

59 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. Effective Issue Date

803 CMR Department of Criminal Justice Information Services 2.00 Criminal Offender Record Information (CORI) - Emergency ...... 1416 4/9/20 - Emergency Refile ...... 1419 4/9/20 - Emergency ...... 1422 6/29/20 - Emergency Refile ...... 1428 6/29/20

804 CMR Massachusetts Commission Against Discrimination 1.00 Rules of Procedure...... 1409 1/24/20 - Correction (MA Reg. # 1409) ...... 1424 ½4/20

810 CMR Division of Capital Asset Management and Maintenance 2.00 Asset Management Board ...... 1428 10/16/20 9.00 Prequalification of General Contractors to Bid on Public Building Contracts Pursuant to M.G.L. c. 149, §§ 44A through 44J ...... 1428 10/16/20 10.00 Prequalification of Subcontractors to Bid on Public Building Contracts Pursuant to M.G.L. c. 149, §§ 44A through 44J ...... 1428 10/16/20

811 CMR Designer Selection Board 3.00 Expedited Procedure for Selection of Designers When an Emergency Situation Exists ...... 1429 10/30/20 4.00 Procedures for Selection of Finalists by Panels of Less than the Full Board ...... 1429 10/30/20

830 CMR Department of Revenue 62.00 Taxation of Incomes ...... 1413 3/20/20 - Emergency ...... 1417 4/21/20 ...... 1422 7/24/20 - Emergency ...... 1423 7/21/20 ...... 1428 10/16/20 - Emergency ...... 1433 12/8/20 62C.00 State Tax Administration - Emergency ...... 1414 3/19/20 - Emergency ...... 1421 6/18/20 - Emergency ...... 1427 9/16/20 - Compliance (MA Reg. # 1427) ...... 1432 9/16/20 ...... 1430 11/13/20 63.00 Taxation of Corporations ...... 1413 3/20/20 64G.00 Room Occupancy Excise - Emergency ...... 1414 3/19/20 - Emergency ...... 1421 6/18/20 - Emergency ...... 1427 9/16/20 - Compliance (MA Reg. # 1427) ...... 1427 9/16/20 64H.00 Sales and Use Tax ...... 1411 2/21/20 175M.00 Family and Medical Leave ...... 1413 3/20/20

940 CMR Office of the Attorney General 3.00 General Regulations - Emergency ...... 1414 3/20/20 - Compliance (MA Reg. # 1414) ...... 1420 3/20/20 60 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. Effective Issue Date

35.00 Unfair and Deceptive Debt Collection Practices During the State of Emergency Caused by COVID-19 - Emergency ...... 1415 3/26/20

946 CMR Massachusetts Development Finance Agency 4.00 Devens Regional Enterprise Zone: General Provisions - Emergency 1425 8/20/20

950 CMR Office of the Secretary of the Commonwealth 12.000 Registration of Broker-dealer, Agents, Investment Adviser, Investment Adviser Representatives and Notice Filing Procedures for Federal Covered Adviser ...... 1412 3/6/20 47.00 Early Voting Procedures - Emergency ...... 1425 8/12/20 57.00 Voter Registration - Emergency ...... 1408 12/26/19 ...... 1414 4/3/20

956 CMR Commonwealth Health Insurance Connector Authority 12.00 Eligibility, Enrollment, and Hearing Process for Connector Programs 1418 5/29/20 - Correction (MA Reg. # 1418) ...... 1422 5/29/20

957 CMR Center for Health Information and Analysis 2.00 Payer Data Reporting...... 1431 11/27/20

958 CMR Health Policy Commission 12.00 Drug Pricing Review ...... 1412 3/6/20

961 CMR State Lottery Commission 2.00 Rules and Regulations - Emergency ...... 1416 4/17/20 - Compliance (MA Reg. # 1416) ...... 1421 4/17/20

970 CMR Office of Campaign and Political Finance 1.00 Campaign Finance Activity - Emergency ...... 1408 12/17/19 - Emergency ...... 1408 12/26/19 ...... 1413 3/20/20

61 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. 62 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. Docket # 327

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 205 CMR 134.00

CHAPTER TITLE: Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations AGENCY: Massachusetts Gaming Commission

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. This regulation governs the types of licenses and license procedures for gaming industry employees, vendors, junket enterprises, and representatives and labor organizations.

REGULATORY AUTHORITY: M.G.L. c. 23K, § 4(28), 5

AGENCY CONTACT: Shara Bedard PHONE: 617-979-8458

ADDRESS: 101 Federal Street, 12th Floor, Boston, MA 02110

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency. These amendments have been adopted by emergency to cover licensees' short-staffing needs resulting from COVID-19.

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:

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.

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: Amendments to 205 CMR 134.01 and 134.02 allow licensees to bring in staff from a sister property in an emergency situation to serve as Key Gaming Employees and Gaming Employees without requiring a gaming license.

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 4 2020

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1433 DATE: 12/25/2020

EFFECTIVE DATE: 12/04/2020

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: This is an Emergency There are no Replacement Regulation. Pages.

12/04/2020 MG

205 CMR 134.00: LICENSING AND REGISTRATION OF EMPLOYEES, VENDORS, JUNKET ENTERPRISES AND REPRESENTATIVES, AND LABOR ORGANIZATIONS

Section

134.01: Key Gaming Employee Licensees 134.02: Gaming Employee Licensees 134.03: Gaming Service Employees 134.04: Vendors 134.05: Labor Organizations 134.06: Junket Enterprises and Junket Representatives 134.07: Forms 134.08: Submission of Application 134.09: Investigation, Determination, and Appeals for Gaming Establishment Employees and Vendors 134.10: Affirmative License Standards for the Licensing of Employees and Vendors of the Gaming Establishment 134.11: Affirmative Registration Standards for the Registration of Employees and Vendors of the Gaming Establishment and Labor Organizations 134.12: Temporary Licenses 134.13: Fingerprinting 134.14: Administrative Closure of Applications for Registration or Licensure 134.15: Fees 134.16: Term of Licenses 134.17: Renewals 134.18: Duties of Applicants and Licensees 134.19: Disciplinary Action 134.20: Application Following Denial or Revocation

134.01: Key Gaming Employee Licensees

No individual shall be employed by or perform services for a gaming licensee as a key gaming employee, as defined by M.G.L. c. 23K, § 2, unless the individual has been licensed in accordance with M.G.L. c. 23K, § 30 and 205 CMR 134.00. There shall be two categories of key gaming employee licensees: key gaming employee-executive and key gaming employee-standard.

(1) An individual holding one of the following positions, and any person in a similar or equivalent position, regardless of job title, whose employment relates to gaming shall be designated as a key gaming employee-executive: (a) Assistant General Manager; (b) Chief Internal Audit Officer; (c) Gaming Manager; (d) Chief Financial Officer; (e) Chief of Security; (f) General Manager; (g) Chief Surveillance Officer; (h) Chief Compliance Officer; (i) Principal executive Officer; (j) Principal operating Officer; (k) Principal accounting Officer; (l) Chief Information Officer; (m) Other executive level employees who are not identified as a key gaming employee- standard in accordance with 205 CMR 134.01(2) as determined by the commission.

(2) An individual holding one of the following positions, and any person in a similar or equivalent position, regardless of job title, whose employment relates directly to a gaming establishment shall be designated as a key gaming employee-standard: (a) Controller; (b) Electronic gaming device or slot machines manager; (c) Human resources manager; (d) Information technology manager;

3/20/20 (Effective 12/23/19) 205 CMR - 451 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. 205 CMR: MASSACHUSETTS GAMING COMMISSION

134.01: continued

(e) Pit boss; (f) Shift supervisor of table games, of a slot department, credit department, security, surveillance, accounting department, cage, or player development; (g) Credit manager; (h) Cage manager; (i) Hotel Manager; (j) Entertainment Director; (k) Food & Beverage Manager; (l) Other managerial employees who are not identified as a key gaming employee-executive in accordance with 205 CMR 134.01(1), but who are empowered to make discretionary decisions which impact gaming establishment operations, or as determined by the commission; (m) Junket representative not employed by a gaming licensee or affiliate of the gaming licensee or a junket enterprise licensed as a gaming vendor in accordance with 205 CMR 134.00.

(3) Any individual who is a qualifier of a gaming licensee but who does not perform any of the duties of the positions identified in 205 CMR 134.01(1)(a) or (b) does not have to become licensed as a key gaming employee. Such individual does have to be approved as a qualifier and issued a positive determination of suitability in accordance with 205 CMR 111.00: Phase 1 Application Requirements, 205 CMR 115.00: Phase 1 Suitability Determination, Standards and Procedures, and 205 CMR 116.00: Persons Required to Be Licensed or Qualified. An individual who has been issued a positive determination of suitability in accordance with 205 CMR 111.00: Phase 1 Application Requirements and who will be performing the responsibilities requiring licensure as a key gaming employee shall apply for licensure in accordance with 205 CMR 134.08(2) subject to the term limitation of 205 CMR 134.16(4).

(4) From the date operations are recommenced after any period of suspension or during any emergency situation as defined in 205 CMR 109.00, a gaming licensee may temporarily allow, subject to approval by the Bureau, individuals who are employed at a gaming property which is owned and/or operated by it, its parent, or an affiliated company to assist with gaming establishment strategy and/or operation for up to 60 days without those individuals having to become licensed or registered in accordance with 205 CMR 134.00, provided that the gaming licensee does the following: (a) Supplies the Bureau a reasonable time in advance of arrival with the name of the individual; the name of the gaming property at which they are employed; their position at the gaming property at which they are employed; a description of the reason for the individual being at the gaming establishment, including the services to be performed, the anticipated duration of their stay, and any other information requested by the Bureau; (b) Ensures all individuals performing services under 205 CMR 134.01(1) or 134.01(2) carry identification and wear a badge issued by the gaming licensee that is distinguishable from those that are issued to employees of the gaming establishment and that is clearly visible at all times while at the gaming establishment; (c) If the individual is licensed, certified, or otherwise approved for employment by the jurisdiction which the gaming property in which they are employed is located, an individual licensed as a key gaming employee in accordance with 205 CMR 134.00 shall attest in writing that the individual is in good standing in that jurisdiction; and (d) Ensures that the individual is accompanied by an individual who is licensed or registered in accordance with 205 CMR 134.00 anytime they are in a restricted area of the gaming establishment.

(5) The Commission, upon recommendation from the Division of Licensing and the Bureau, may extend the period of allowance set forth in 205 CMR 134.01(4) for a period not to exceed six months from the date operations are recommenced after any period of suspension or for the duration of any emergency situation as defined in 205 CMR 109.00 following consideration of the gaming licensee's written explanation of need, continuing training plan, and expected duration.

12/25/20 (Effective 12/4/20) 452 EMERGENCY 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. 205 CMR: MASSACHUSETTS GAMING COMMISSION

134.02: Gaming Employee Licensees

(1) No individual shall be employed by or perform services for a gaming licensee as a gaming employee, as defined by M.G.L. c. 23K, § 2, unless the individual has been licensed in accordance with M.G.L. c. 23K, § 30, and 205 CMR 134.00. An individual holding one of the following positions, and any person in a similar or equivalent position, regardless of job title, shall be designated as a gaming employee: (a) Boxpersons; (b) Cashiers; (c) Change personnel; (d) Clerks; (e) Count room personnel; (f) Data processing personnel; (g) Dealers and croupiers; (h) Floorpersons; (i) Gaming Hosts; (j) Internal audit and accounting personnel whose duties include reviewing, verifying, and recording gaming revenue entries, the processing or control of active accounting documents related to gaming activity, or that have access to active accounting documents related to gaming activity; (k) An individual who is directly connected to the operation or maintenance of a slot machine or game taking place in a gaming establishment (whether employed by the gaming licensee or a vendor licensed in accordance with 205 CMR 134.00); (l) Personnel authorized to extend complimentary services, including employees performing functions similar to those performed by a junket representative; (m) Junket representative employed by the gaming licensee or affiliate of the gaming license or a junket enterprise licensed as a gaming vendor in accordance with 205 CMR 134.00; (n) Personnel authorized to issue credit; (o) Personnel authorized to issue promotional play including persons who identify patrons or groups of patrons who shall receive complimentaries based on actual patron play, authorize such complimentaries, or determine the amount of such complimentaries; (p) Personnel with security administrator access to a slot machine tracking system; (q) Security personnel, including guards and game observers, or an employee with knowledge of security procedures of the gaming establishment; (r) Surveillance personnel, including surveillance equipment maintenance and repair technicians (whether employed by the gaming licensee or a vendor licensed in accordance with 205 CMR 134.00); (s) Any employee who conducts or participates in the conduct of gaming, who participates in the transfer or handling of chips, tokens or money, or who participates in audit or accounting functions; (t) Any employee who has access to a restricted area of a gaming establishment; (u) A person who supervises a person required to be licensed as a gaming employee in accordance with 205 CMR 134.02; and (v) An employee of a gaming licensee whom the Bureau deems necessary to be licensed to ensure compliance with the M.G.L. c. 23K, and 205 CMR, and to protect the public and ensure the credibility and integrity of gaming in the Commonwealth.

(2) From the date operations are recommenced after any period of suspension or during any emergency situation as defined in 205 CMR 109.00, a gaming licensee may temporarily allow, subject to approval by the Bureau, individuals who are employed at a gaming property which is owned and/or operated by it, its parent, or an affiliated company to assist with gaming establishment strategy and/or operation for up to 60 days without those individuals having to become licensed or registered in accordance with 205 CMR 134.00, provided that the gaming licensee does the following: (a) Supplies the Bureau a reasonable time in advance of arrival with the name of the individual; the name of the gaming property at which they are employed; their position at the gaming property at which they are employed; a description of the reason for the individual being at the gaming establishment, including the services to be performed, the anticipated duration of their stay, and any other information requested by the Bureau; (b) Ensures all individuals performing services under 205 CMR 134.02 carry identification and wear a badge issued by the gaming licensee that is distinguishable from those that are issued to employees of the gaming establishment and that is clearly visible at all times while at the gaming establishment;

12/25/20 (Effective 12/4/20) 452.1 EMERGENCY 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. 205 CMR: MASSACHUSETTS GAMING COMMISSION

NON-TEXT PAGE

12/25/20 (Effective 12/4/20) 452.2 EMERGENCY 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. 205 CMR: MASSACHUSETTS GAMING COMMISSION

134.02: continued

(c) If the individual is licensed, certified, or otherwise approved for employment by the jurisdiction which the gaming property in which they are employed is located, an individual licensed as a key gaming employee in accordance with 205 CMR 134.00 shall attest in writing that the individual is in good standing in that jurisdiction; and (d) Ensures that the individual is accompanied by an individual who is licensed or registered in accordance with 205 CMR 134.00 anytime they are in a restricted area of the gaming establishment.

(3) The Commission, upon recommendation from the Division of Licensing and the Bureau, may extend the period of allowance set forth in 205 CMR 134.01(4) for a period not to exceed six months from the date operations are recommenced after any period of suspension or for the duration of any emergency situation as defined in 205 CMR 109.00 following consideration of the gaming licensee's written explanation of need, continuing training plan, and expected duration.

134.03: Gaming Service Employees

(1) (a) An individual employed by a gaming licensee who is not classified as a key gaming employee in accordance with 205 CMR 134.01, or a gaming employee in accordance with 205 CMR 134.02, shall be designated as a gaming service employee and shall register in accordance with 205 CMR 134.09 prior to engaging in the provision of employment services. An individual employed by a vendor of a gaming establishment for work in a gaming establishment shall be considered a gaming service employee unless otherwise specified in 205 CMR 134.02. (b) Pursuant to St. 2017, c. 110, § 3, the commission may, in its discretion, exempt certain gaming service employees by job position from the registration requirement. The commission, or its designee, may require a gaming licensee to produce any information deemed necessary to evaluate the essential functions of a job position. The commission may at any time, in its discretion, revisit any job position.

(2) During the pre-opening phase of a gaming establishment, and continuing for up to 30 days from the date an Operation Certificate is issued in accordance with 205 CMR or from the date operations are recommenced after any period of suspension, a gaming licensee may temporarily allow an individual(s) who is employed at a gaming property which is owned and/or operated by it, its parent, or an affiliated company to assist with gaming establishment strategy, employee training and related preparation purposes for up to 60 days without those individuals having to become licensed or registered in accordance with 205 CMR 134.00, provided that the gaming licensee does the following: (a) Supplies the Bureau a reasonable time in advance of arrival with the name of the individual, name of the gaming property at which they are employed, the position at the gaming property at which they are employed, a description of the reason for the individual being at the gaming establishment, including the services to be performed, the anticipated duration of their stay, and any other information requested by the Bureau; (b) Ensures all individuals performing services under 205 CMR 134.03(2) carry identification and wear a badge issued by the gaming licensee that is distinguishable from those that are issued to employees of the gaming establishment and that is clearly visible at all times while at the gaming establishment; (c) If the individual is licensed, certified, or otherwise approved for employment by the jurisdiction which the gaming property in which they are employed is located, an individual licensed as a key gaming employee in accordance with 205 CMR 134.00 shall attest in writing that the individual is in good standing in that jurisdiction; and (d) Ensures that the individual is accompanied by an individual who is licensed or registered in accordance with 205 CMR 134.00 anytime they are in a restricted area of the gaming establishment.

(3) The Division of Licensing, after consultation with the Bureau, may extend the period of allowance set forth in 205 CMR 134.03(2) for a period not to exceed six months from the date an Operations Certificate is issued or from the date operations are recommenced after any period of suspension, following consideration of the gaming licensee's written explanation of need, continuing training plan, and expected duration.

12/25/20 (Effective 12/4/20) 453 EMERGENCY 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. 205 CMR: MASSACHUSETTS GAMING COMMISSION

134.04: Vendors

No person shall conduct business with a gaming licensee as a vendor unless such person has been licensed as a gaming vendor, as defined by M.G.L. c. 23K, § 2, or registered as a non-gaming vendor, as defined by M.G.L. c. 23K, § 2, in accordance with 205 CMR 134.00. A person shall be considered to be conducting business upon commencement of performance of a contract or provision of a good or service. A subcontractor to a vendor shall not be required to obtain licensure or registration under 205 CMR 134.00. For purposes of 205 CMR 134.00, a subcontractor shall be considered a person that contracts with a licensed or registered vendor to provide goods or services necessary to fulfill the licensed or registered vendor's contract with a gaming licensee. As part of the application process, vendors shall be required to identify all of its known or anticipated subcontractors and shall have a continuing duty to update the Bureau relative to the identification of any new subcontractors. The Bureau may, at its discretion, require the submission of additional information and documents including, but not limited to, the Subcontractor Information Form as provided in 205 CMR 134.07(11).

(1) Gaming Vendors. (a) Gaming Vendors-primary. A person who conducts business with a gaming applicant or gaming licensee on a regular or continuing basis for provision of goods or services which directly relates to gaming, as defined by M.G.L. c. 23K, § 2 including, but not limited to, a person who does any of the following, shall be designated as a gaming vendor-primary: 1. Manufactures, sells, leases, supplies, or distributes devices, machines, equipment (except gaming table layouts), accessories, or items that meet at least one of the following conditions: a. are designed for use in a gaming area as defined by M.G.L. c. 23K, § 2; b. are designed for use in a simulcast wagering area; c. are used in connection with a game in the gaming area; d. have the capacity to affect the calculation, storage, collection, electronic security, or control of the gaming revenues from a gaming establishment. 2. provides maintenance services or repairs gaming or simulcast wagering equipment, including slot machines; 3. acts as a junket enterprise; or 4. provides items or services that the Bureau has determined are used in or are incidental to gaming or to an activity of a gaming facility. Exception. Any person, by submission of a written petition, may request a determination from the Bureau that despite meeting a description contained in 205 CMR 134.04(1)(a) they need not be licensed as a Gaming Vendor-primary on the grounds that they are not providing services on a regular or continuing basis or that they do not directly relate to gaming. (b) Gaming Vendors-secondary. Any person who regularly conducts over $250,000 in gross sales with any one gaming licensee within a 12 month period or a person who conducts over $100,000 in gross sales with any one gaming licensee within a three month period, and who does not otherwise qualify for designation as a Gaming Vendor-primary in accordance with 205 CMR 134.04(1)(a), may be designated a Gaming Vendor-secondary by the Division of Licensing after consultation with the Bureau regardless of the type of goods or services being provided. The procedure for making this designation is set forth in 205 CMR 134.04(3).

(2) Non-gaming Vendors. A person who offers to a gaming licensee goods or services which are not directly related to gaming, as defined by M.G.L. c. 23K, § 2 including, but not limited to any of the following, shall be designated as a non-gaming vendor: (a) construction company; (b) vending machine provider; (c) linen supplier; (d) garbage handler; (e) maintenance company; (f) limousine service company; (g) food purveyor; (h) supplier of alcoholic beverages; (i) a person that sells, distributes, tests, or repairs antique slot machines as described in M.G.L. c. 271, § 5A; (j) suppliers of gaming table layouts.

7/13/18 205 CMR - 454 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. Docket # 408

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 830 CMR 62.00

CHAPTER TITLE: Taxation of Incomes

AGENCY: Department of Revenue

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. 830 CMR 62.5A.3 sets forth the sourcing rules that apply to income earned by a non-resident employee who telecommutes on behalf of an in-state business from a location outside the state due to the COVID-19 state of emergency in Massachusetts and explains the parallel treatment that will be accorded to resident employees with income tax liabilities in other states that have adopted similar sourcing rules. See attached statement.

REGULATORY AUTHORITY: M.G.L. c. 14, § 6(l); M.G.L. c. 62C, § 3

AGENCY CONTACT: Rebecca H. Forter, Chief PHONE: 617-626-3269

ADDRESS: Rulings and Regulations Bureau, 100 Cambridge Street, 8th Floor, Boston, MA 02114 Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency. Delay in the adoption of this regulation would negatively affect businesses and residents impacted due to the COVID-19 state of emergency in Massachusetts.

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. Approved by the Secretary of Administration and Finance on December 8, 2020. Notice to the Local Government Advisory Commission not required.

Date of public hearing or comment period:

For the first five years: No fiscal effect

No fiscal effect: No fiscal effect

Date amended small business impact statement was filed:

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: resident nonresident source income telecommute

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 8 2020

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1433 DATE: 12/25/2020

EFFECTIVE DATE: 12/08/2020

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: This is an Emergency There are no Replacement Regulation. Pages.

12/08/2020 MG

Summary of Regulation for SOS Filing Form filed 12/8/2020

830 CMR 62.5A.3 sets forth the sourcing rules that apply to income earned by a non-resident employee who telecommutes on behalf of an in-state business from a location outside the state due to the COV10-19 state of emergency in Massachusetts and explains the parallel treatment that will be accorded to resident employees with income tax liabilities in other states that have adopted similar sourcing rules. The rules in this regulation are effective until 90 days after the state of emergency in Massachusetts is lifted.

The emergency regulation also provides rules for non-resident employees who, prior to the Massachusetts COV10-19 state of emergency, determined their Massachusetts source income by apportioning their days spent in Massachusetts in accordance with 830 CMR 62.5A.1 (5)(a). Pursuant to 830 CMR 62.5A.3(3)(b), such non-resident telecommuting employees must determine the portion of their wages that constitutes Massachusetts source income during the Massachusetts COVI 0-19 state of emergency based on either (1) the percentage of their work days spent in Massachusetts during the period January 1 through February 29, 2020 as determined under 830 CMR 62.5A.1 (5)(a), or (2) if they worked for the same employer in 2019, the apportionment percentage properly used to determine the portion of their wages from that employer that constituted Massachusetts source income as reported on their 2019 Massachusetts personal income tax return.

563143

62.5A.2: continued

(c) Attachments. The authorized return signer shall attach to the composite return: 1. a statement signed by the authorized return signer under penalties of perjury, certifying that each qualified electing non-resident team member included in the composite return has executed a statement which meets the requirements of 830 CMR 62.5A.2(6)(a), that those statements are on file at the professional athletic team’s principal office and the address of that office, and that the authorized return signer signing the composite return is the authorized return signer authorized under power of attorney to act as agent for the qualified electing non-resident team members of the professional athletic team; and 2. a schedule of each qualified electing non-resident team member's name, tax identification number, and Massachusetts source professional athletic team income. (d) Composite Payments of Estimated Tax. The composite payments of estimated tax shall be made on Massachusetts Estimated Income Tax Vouchers (Form 1-ES). The authorized return signer shall indicate clearly and conspicuously on the form that the form is a composite estimated tax payment. Estimated tax payments made by individual members of a professional athletic team cannot be credited against tax due with the composite return. Individual members of a professional athletic team who have made such payments with respect to a taxable year and desire to participate in a composite return filing for that year, may request a refund of their individual estimated tax payments. The request must be made in writing to the Massachusetts Department of Revenue, Customer Service Bureau, Attn: Composite Return Refund Request. The written request must state that the taxpayer is electing to participate in a composite filing for the taxable year. The professional athletic team filing the composite form must be clearly identified by name, address and federal identification number. The application will not be considered complete until the composite return is filed with the Department. A copy of the composite return should be attached to the refund request where available. (e) Extension of Time to File. The qualified electing non-resident team members of a professional athletic team may request an extension of time to file the composite return. An application for extension of time to file a composite return must include a schedule listing the qualified electing non-resident team members and their tax identification numbers. The authorized return signer shall indicate clearly and conspicuously on the application that the form is a composite application for extension of time to file a Massachusetts composite income tax return. If granted, the extension of time to file shall apply only to qualified electing non-resident team members who were included in the application for an extension of time to file and are included in the composite return. (f) Due Dates. The following due dates apply to 830 CMR 62.5A.2(6): 1. To be included in a composite return, a qualified electing non-resident team member must file the statement electing to be included in the composite return with the professional athletic team before the due date, without any extensions, of the composite return. 2. A composite return is due on the same date that the return of an individual would be due, including extensions granted under M.G.L. c. 62C, § 19. 3. Composite payments of estimated tax are due on April 15th of the taxable year, June 15th of the taxable year, September 15th of the taxable year, and January 15th of the following taxable year. (g) Filing Address. The authorized return signer shall mail the composite return and composite payments of estimated tax in accordance with the filing instructions for the Massachusetts Non-resident Individual Income Tax Return (Form 1-NR/PY) and Massachusetts Estimated Income Tax Vouchers (Form 1-ES). The authorized return signer must indicate clearly and conspicuously on each form that it is a composite form. (h) Special Rules. 830 CMR 62.5A.2(6)(h)1. through 4. applies to composite returns and composite payments of estimated tax: 1. The filing of the composite tax return and composite payments of estimated taxes will be treated as satisfying the obligation of each qualified electing non-resident team member to file a tax return and to make estimated tax payments under M.G.L. c. 62C, § 6, and M.G.L. c. 62B, § 13, respectively.

8/8/08 830 CMR - 50.13 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. 830 CMR: DEPARTMENT OF REVENUE

62.5A.2: continued

2. The authorized return signer is merely an agent for the qualified electing nonresident team members of a professional athletic team and each qualified electing nonresident team member is personally responsible for timely filing of returns and payment of such team member’s tax liabilities. Nonresident members of a professional athletic team are subject to the same requirements for filing tax returns and the same penalties for failure to file or failure to pay their tax as other taxpayers. 3. A nonresident taxpayer has the right to file an individual amended return. The Commissioner retains the right to require the filing of an individual nonresident personal income tax return by any of the qualified electing nonresident team members. This ordinarily will not affect the validity of the original composite return for the taxable year to which the individual return required by the Commissioner relates. 4. A professional athletic team may file an amended composite return on behalf of electing qualified nonresident team members only if it timely filed an original composite return on behalf of these members under the provisions of 830 CMR 62.5A.2.

(7) No Tax Status. Massachusetts law provides that an individual’s taxable income shall be exempt from tax if his or her Massachusetts adjusted gross income for the taxable year does not exceed $8,000. M.G.L. c. 62, § 5(a). Massachusetts adjusted gross income includes the Massachusetts portion of a nonresident team member’s total compensation for services rendered. If a nonresident team member’s Massachusetts adjusted gross income is $8,000 or less, he or she does not owe Massachusetts tax and should not sign a statement electing to file on a composite basis. A nonresident team member will not receive no tax status if he or she elects to be treated as part of a composite return.

62.5A.3: Massachusetts Source Income of Nonresidents Telecommuting Due to the COVID-19 Pandemic

(1) Scope of Regulation; Background; Outline of Topics; Effective Dates. (a) Scope of Regulation. 830 CMR 62.5A.3 sets forth the sourcing rules that apply to income earned by a nonresident employee who telecommutes on behalf of an in-state business from a location outside the state due to the COVID-19 pandemic. (b) Background. In response to the COVID-19 pandemic, Massachusetts and other states have declared states of emergency and issued temporary social-distancing measures and other restrictions. Many businesses and employees have adopted telecommuting arrangements in response to the pandemic. For Massachusetts personal income tax purposes, Massachusetts residents are generally taxed on all of their income from whatever sources derived. M.G.L. c. 62, § 2. Nonresidents are taxed on items of gross income from sources within the Commonwealth, including income derived from or connected with any trade or business, including any employment, in Massachusetts. M.G.L. c. 62, § 5A(a). Wage income paid to an individual that is subject to the Massachusetts personal income tax generally must be withheld upon for each payroll period by his or her employer. M.G.L. c. 62B, § 2. 830 CMR 62.5A.3 sets forth general rules applicable to nonresident employees who are telecommuting on behalf of an in-state business from a location outside the state due to the COVID-19 pandemic, and explains the parallel treatment that will be accorded to resident employees with income tax liabilities in other states that have adopted similar sourcing rules. (c) Outline of Topics. 830 CMR 62.5A.3 is organized as follows: 1. Scope of Regulation; Background; Outline of Topics; Effective Date 2. Definitions 3. Massachusetts Source Income for Nonresidents Telecommuting due to Pandemic- related Circumstances 4. Sourcing Rules in Other States (d) Effective Dates. 830 CMR 62.5A.3 applies to the sourcing of wage income attributable to employee services performed commencing March 10, 2020 through 90 days after the date on which the Governor of the Commonwealth gives notice that the Massachusetts COVID-19 state of emergency is no longer in effect.

(2) Definitions. Unless the context requires otherwise, for the purposes of 830 CMR 62.5A.3, the following definitions apply:

12/25/20 (Effective 12/8/20) 50.14 EMERGENCY 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. Docket # 326

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 101 CMR 352.00

CHAPTER TITLE: Rates of Payment for Certain Children’s Behavioral Health Services

AGENCY: Executive Office of Health and Human Services

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. 101 CMR 352.00 governs the rates used by all governmental units for certain outpatient children’s behavioral health services provided by community service agencies and other eligible providers. These amendments increase the rates for In-Home Therapy (IHT) services by updating certain staff salaries and other benchmarks in the current IHT model budgets primarily with FY2019 Uniform Financial Report (UFR) data, and applying a two-step cost adjustment factor (CAF) to cover the two-year prospective period from January 1, 2021, through December 31, 2022: 1) 2.07% for the first year, calculated using a base period of FY2019 to align with the FY2019 UFR cost reporting period and 2) 1.58% for the second year.

REGULATORY AUTHORITY: M.G.L. chs. 118E and 12C.

AGENCY CONTACT: Deborah M. Briggs PHONE: 617-847-3302

ADDRESS: 100 Hancock Street, Quincy, MA 02171

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency.

Date of public hearing or comment period: September 29, 2020

For the first five years:

No fiscal effect:

Date amended small business impact statement was filed: n/a

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation:

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 9 2020

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1433 DATE: 12/25/2020

EFFECTIVE DATE: 12/25/2020

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 4.3 & 4.4 4.3 & 4.4

912.1 - 912.6 912.1 - 912.6

12/11/2020 RB

Table of Contents Page

101 CMR 415.00: RATES FOR COMMUNITY-BASED DAY SUPPORT SERVICES 961

Section 415.01: General Provisions 961 Section 415.02: Definitions 961 Section 415.03: Rate Provisions 962 Section 415.04: Filing and Reporting Requirements 963 Section 415.05: Severability 963

101 CMR 416.00: RATES FOR CLUBHOUSE SERVICES 965

Section 416.01: General Provisions 965 Section 416.02: Definitions 965 Section 416.03: Rate Provisions 966 Section 416.04: Filing and Reporting Requirements 966 Section 416.05: Severability 967

101 CMR 417.00: RATES FOR CERTAIN ELDER CARE SERVICES 981

Sections 417.01: General Provisions 981 Sections 417.02: Definitions 981 Sections 417.03: Rate Provisions 983 Sections 417.04: Filing and Reporting Requirements 984 Sections 417.05: Severability 984

101 CMR 418.00: PAYMENTS FOR YOUTH SHORT-TERM STABILIZATION AND EMERGENCY PLACEMENT SERVICES 985

Section 418.01: General Provisions 985 Section 418.02: Definitions 985 Section 418.03: Rate Provisions 986 Section 418.04: Filing and Reporting Requirements 987 Section 418.05: Severability 987

101 CMR 419.00: RATES FOR SUPPORTED EMPLOYMENT SERVICES 995

Section 419.01: General Provisions 995 Section 419.02: Definitions 995 Section 419.03: Rate Provisions 996 Section 419.04: Filing and Reporting Requirements 997 Section 419.05: Severability 998

101 CMR 420.00: RATES FOR ADULT LONG-TERM RESIDENTIAL SERVICES 999

Section 420.01: General Provisions 999 Section 420.02: Definitions 999 Section 420.03: Rate Provisions 1001 Section 420.04: Filing and Reporting Requirements 1013 Section 420.05: Severability 1013

101 CMR 421.00: RATES FOR ADULT HOUSING AND COMMUNITY SUPPORT SERVICES 1017

Section 421.01: General Provisions 1017 Section 421.02: Definitions 1017 Section 421.03: Rate Provisions 1018 Section 421.04: Filing and Reporting Requirements 1019 Section 421.05: Severability 1020

12/25/20 101 CMR - 4.3 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Table of Contents Page

101 CMR 422.00: RATES FOR GENERAL PROGRAMS - DISABILITY SERVICES 1021

Section 422.01: General Provisions 1021 Section 422.02: Definitions 1021 Section 422.03: Rate Provisions 1023 Section 422.04: Filing and Reporting Requirements 1025 Section 422.05: Severability 1025

101 CMR 423.00: RATES FOR CERTAIN IN-HOME BASIC LIVING SUPPORTS 1027

Section 423.01: General Provisions 1027 Section 423.02: Definitions 1027 Section 423.03: Rate Provisions 1028 Section 423.04: Filing and Reporting Requirements 1029 Section 423.05: Severability 1029

101 CMR 424.00: RATES FOR CERTAIN DEVELOPMENTAL AND SUPPORT SERVICES 1031

Section 424.01: General Provisions 1031 Section 424.02: Definitions 1031 Section 424.03: Rate Provisions 1032 Section 424.04: Filing and Reporting Requirements 1034 Section 424.05: Severability 1034

101 CMR 425.00: RATES FOR CERTAIN YOUNG PARENT SUPPORT PROGRAMS 1035

Section 425.01: General Provisions 1035 Section 425.02: Definitions 1035 Section 425.03: Rate Provisions 1036 Section 425.04: Filing and Reporting Requirements 1036 Section 425.05: Severability 1037

101 CMR 426.00: RATES FOR CERTAIN ADULT COMMUNITY MENTAL HEALTH SERVICES 1038.1

Section 426.01: General Provisions 1038.1 Section 426.02: Definitions 1038.1 Section 426.03: Rate Provisions 1038.2 Section 426.04: Filing and Reporting Requirements 1039 Section 426.05: Severability 1040

101 CMR 427.00: RATES FOR CERTAIN YOUTH AND YOUNG ADULT SUPPORT SERVICES 1040.1

Section 427.01: General Provisions 1040.1 Section 427.02: Definitions 1040.1 Section 427.03: Rate Provisions 1040.2 Section 427.04: Filing and Reporting Requirements 1040.4 Section 427.05: Severability 1040.4

101 CMR 428.00: RATES FOR CERTAIN INDEPENDENT LIVING COMMUNITIES AND SERVICES 1041

Section 428.01: General Provisions 1041 Section 428.02: Definitions 1041 Section 428.03: Rate Provisions 1042 Section 428.04: Filing and Reporting Requirements 1044 Section 428.05: Severability 1044

7/10/20 101 CMR - 4.4 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

101 CMR 352.00: RATES OF PAYMENT FOR CERTAIN CHILDREN'S BEHAVIORAL HEALTH SERVICES

Section

352.01: General Provisions 352.02: General Definitions 352.03: Rate Provisions 352.04: Filing and Reporting Requirements 352.05: Severability

352.01: General Provisions

(1) Scope and Purpose. 101 CMR 352.00 governs the rates to be used by all governmental units for certain outpatient children's behavioral health services provided by community service agencies and other eligible providers. 101 CMR 352.00 does not govern rates for psychological testing services, which are governed by 114.3 CMR 29.00: Psychological Services, or rates for mental health services, which are governed by 101 CMR 306.00: Rates of Payment for Mental Health Services Provided in Community Health Centers and Mental Health Centers. In addition, 101 CMR 352.00 does not govern rates for other services, care, and supplies provided to publicly aided patients including, but not limited to, psychiatric day treatment services, early intervention services, and medical services provided in community health centers.

(2) Applicable Dates of Service. Rates contained in 101 CMR 352.00 apply for dates of service provided on or after January 1, 2021, or as indicated in 101 CMR 352.03(3).

(3) Disclaimer of Authorization of Services. 101 CMR 352.00 is not authorization for or approval of the procedures for which rates are determined pursuant to 101 CMR 352.00. Purchasing agencies and insurers are responsible for the definition, authorization, and approval of care and services extended to publicly aided clients.

(4) Administrative Bulletins. EOHHS may issue administrative bulletins to clarify its policy on and understanding of substantive provisions of 101 CMR 352.00.

352.02: General Definitions

Meaning of Terms. Terms used in 101 CMR 352.00 shall have the meaning ascribed in 101 CMR 352.02.

Behavior Management Monitoring. This service includes implementation of the behavior treatment plan; monitoring the youth's behavior; reinforcing implementation of the treatment plan by the parents, guardians, and caregivers; and reporting to the behavior management therapist on implementation of the treatment plan and progress toward behavioral objectives or performance goals. Phone contact and consultation may be provided as part of the intervention. Behavior management monitoring is provided by eligible providers.

Behavioral Management Therapy. This service includes a behavioral assessment (including observing the youth's behavior, antecedents of behaviors, and identification of motivators); development of a highly specific behavior treatment plan; supervision and coordination of interventions; and training other interveners to address specific behavioral objectives or performance goals. This service is designed to treat challenging behaviors that interfere with the child's successful functioning. The behavior management therapist develops specific behavioral objectives and interventions that are designed to diminish, extinguish, or improve specific behaviors related to the child's behavioral health condition(s) and that are incorporated into the behavior management treatment plan and the risk management/safety plan. Behavior management therapy is provided by eligible providers.

Care Manager. A single care manager who works with the child's parents and guardians to provide targeted case management.

Center. The Center for Health Information and Analysis established under M.G.L. c. 12C.

12/25/20 101 CMR - 912.1 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

352.02: continued

Clinic. A clinic that is licensed by the Department of Mental Health as a provider of mental health clinic services that is not a community health center or a community mental health center.

Community Health Center. A clinic that provides comprehensive ambulatory services and that is not financially or physically an integral part of a hospital.

Community Mental Health Center. A clinic that provides comprehensive ambulatory mental health services and that is not financially or physically an integral part of a hospital.

Community Service Agency (CSA). A clinic, community health center, community mental health center, or other provider entity that meets all other requirements established by MassHealth.

Day. As used in 101 CMR 352.00 as a unit of payment, refers to a billable day in which the child is enrolled in the program.

Eligible Provider. Eligible providers of targeted case management are designated CSAs. Eligible providers of parent/caregiver peer-to-peer support, in-home behavior management services, in-home behavior monitoring services, in-home therapy services, therapeutic training and support, therapeutic mentoring, mobile crisis intervention, and crisis stabilization are providers that meet the conditions of participation established by MassHealth.

EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.

Family Partner. A family partner must have experience as a caregiver of youth with special needs, preferably youth with mental health needs, experience in navigating any of the youth-and family-serving systems, and either a bachelor's degree in a human services field from an accredited academic institution, or an associate’s degree in a human services field from an accredited academic institution and one year of experience working with children, adolescents, or transition-age youth and families, or a high school diploma or equivalent and a minimum of two years of experience working with children, adolescents, or transition-age youth and families. If the bachelor's or associate's degree is not in a human services field, additional life or work experience may be considered in place of the human services degree.

Governmental Unit. The Commonwealth of Massachusetts or any of its departments, agencies, boards, commissions, or political subdivisions.

Individual Consideration (I.C.). Payment rates to eligible providers for services authorized in accordance with 101 CMR 352.03(2), but not listed in 101 CMR 352.00 or authorized services performed in exceptional circumstances are determined on an individual consideration basis by the governmental unit or purchaser under M.G.L. c. 152: Workers’ Compensation upon receipt of a bill that describes the services rendered. The determination of rates of payment for authorized individual consideration procedures are 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; and (e) such other standards and criteria as may be adopted from time to time by EOHHS pursuant to 101 CMR 352.03(4).

In-home Therapy. This service is a structured, consistent, therapeutic relationship between a licensed clinician and the youth and family for the purpose of treating the youth's behavioral health needs including improving the family's ability to provide effective support for the youth to promote healthy functioning of the youth within the family. In-home therapy is provided by eligible providers.

10/19/18 101 CMR - 912.2 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

352.02: continued

Mobile Crisis Intervention. Mobile crisis intervention services may be delivered using a single crisis worker or a team of professionals trained in crisis intervention. This service provides a short-term service that is a mobile, on-site, face-to-face therapeutic response to a youth experiencing a behavioral health crisis. Its purpose is to identify, assess, treat, and stabilize the situation and reduce the immediate risk of danger to the youth or others consistent with the youth's risk management and safety plan, if any. Mobile crisis intervention services are available 24 hours a day, seven days a week. Phone contact and consultation may be provided as part of the intervention. Mobile crisis intervention is provided by eligible providers.

Parent-caregiver Peer-to-peer Support. This service provides a structured one-to-one relationship between a family partner and a parent or caregiver for the purpose of resolving or ameliorating the child's emotional and behavioral needs by improving the capacity of the parent or caregiver to parent the child with a serious emotional disturbance. Services may include education, support, and training for the parent or caregiver. Family partners do not provide respite care or babysitting services.

Publicly Aided Individual. A person for whose medical and other services a governmental unit is in whole or in part liable under a statutory program.

Targeted Case Management (TCM). This service is for individuals under the age of 21 with serious emotional disturbance and includes assessment of the member, development of an individualized care plan, referral and coordination of other services and supports, and monitoring and follow-up on the implementation of the care plan. Targeted case management is also referred to as intensive care coordination (ICC).

Therapeutic Mentoring. Therapeutic mentoring services are designed to support age-appropriate social functioning or ameliorate deficits in the youth's age-appropriate social functioning. Therapeutic mentoring offers structured, one-to-one, strength-based support services between a therapeutic mentor and a youth for the purpose of addressing daily living, social, and communication needs. Therapeutic mentoring services include supporting, coaching, and training the youth in age-appropriate behaviors, interpersonal communication, problem-solving and conflict resolution, and relating appropriately to other youth and adults. Therapeutic mentoring is provided by eligible providers.

Therapeutic Training and Support. This service is provided by a therapeutic training and support staff working under the supervision of an in-home therapist to support implementation of the licensed clinician's treatment plan to achieve the goals of that plan. The therapeutic training and support staff assists the in-home therapist in implementing the therapeutic objectives of the treatment plan designed to address the youth's emotional, behavioral, and mental health needs. This service includes teaching the youth to understand, direct, interpret, manage, and control feelings and emotional responses to situations, and to assist the family to address the youth's emotional, behavioral, and mental health needs. Therapeutic training and support is provided by eligible providers.

352.03: Rate Provisions

(1) Rates as Full Compensation. The rates under 101 CMR 352.03 constitute full compensation for children's behavioral health services provided by community service agencies to publicly aided patients, including full compensation for necessary administration and professional supervision associated with patient care.

(2) Rates of Payment. Payment rates under 101 CMR 352.03 are the lowest of (a) the eligible provider's usual charge to the general public; (b) the amount accepted as payment from another payer; or (c) the schedule of allowable rates for services as set forth in 101 CMR 352.03(3).

10/19/18 101 CMR - 912.3 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

352.03: continued

(3) Fee Schedule. Unit of service is per 15 minutes, unless otherwise indicated.

Code Rate Service Description

H0038 $15.96 Self-help/peer services, per 15 minutes (parent/caregiver peer-to-peer support service provided by a family partner) H2011-HN $21.07 Crisis intervention service, per 15 minutes (mobile crisis intervention service provided by a paraprofessional) H2011-HO $31.43 Crisis intervention service, per 15 minutes (mobile crisis intervention service provided by a master-level clinician) H2014-HN $13.83 Skills training and development, per 15 minutes (behavior management monitoring provided by a bachelor-level clinician) H2014-HO $27.21 Skills training and development, per 15 minutes (behavior management therapy provided by a master-level clinician) H2019-HN $16.53 Therapeutic behavioral services, per 15 minutes (therapeutic training and support services provided by a bachelor-level clinician) (effective 1/1/2021) H2019-HN $16.79 Therapeutic behavioral services, per 15 minutes (therapeutic training and support services provided by a bachelor-level clinician) (effective 1/1/2022) H2019-HO $23.58 Therapeutic behavioral services, each 15 minutes (in-home therapy provided by a master-level clinician) (effective 1/1/2021) H2019-HO $23.95 Therapeutic behavioral services, each 15 minutes (in-home therapy provided by a master-level clinician) (effective 1/1/2022) T1027-EP $14.23 Family training and counseling for child development, per 15 minutes (therapeutic mentoring service) H0023-HT $46.63 Behavioral Health Outreach Service (Targeted Case Management) (multi-disciplinary team) that includes family support and training and intensive care coordination per day

(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 only the code numbers changed, with the corresponding cross-walk; (b) codes for which the code number remains the same but the description has changed; and (c) deleted codes for which there is no cross-walk. In addition, for entirely new codes that require new pricing, EOHHS will list these codes and apply individual consideration in reimbursing these new codes until rates are established.

(5) Billing. Each eligible provider must bill the governmental unit according to the appropriate fee schedule on a prescribed form. Each specific service must be separately enumerated on the bill.

352.04: Filing and Reporting Requirements

(1) General Provisions. (a) Accurate Data. All reports, schedules, additional information, books, and records that are filed or made available to the Center pursuant to M.G.L. c. 12C, § 22, shall be certified under pains and penalties of perjury as true, correct, and accurate by the executive director or chief financial officer of the provider. (b) Examination of Records. Each provider must make available to the Center or purchasing governmental unit upon request all records relating to its reported costs, including costs of any entity related by common ownership or control.

(2) Required Reports. Each provider must file (a) an annual uniform financial statement and independent auditor's report completed in accordance with the filing requirements of Division of Purchased Services regulation 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services; (b) any cost report supplemental schedule as issued by the Center; and (c) any additional information requested by the Center within 21 days of a written request.

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352.04: continued

(3) Penalty for Noncompliance. The purchasing governmental unit may reduce the payment rates by 15% for any provider that fails to submit required information to the Center. The purchasing governmental unit will notify the provider in advance of its intention to impose a rate reduction.

352.05: Severability

The provisions of 101 CMR 352.00 are severable. If any provision of 101 CMR 352.00 or application of such provision to any community service agency 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 352.00 or application of such provisions to community service agencies or circumstances other than those held invalid.

REGULATORY AUTHORITY

101 CMR 352.00: M.G.L. chs. 118E and 12C.

12/25/20 101 CMR - 912.5 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

NON-TEXT PAGE

10/19/18 101 CMR - 912.6 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. Docket # 327

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 101 CMR 414.00

CHAPTER TITLE: Rates for Family Stabilization Services

AGENCY: Executive Office of Health and Human Services

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. 101 CMR 414.00 governs the payment rates for family stabilization services provided to publicly aided individuals by governmental units. These services are purchased by the Department of Developmental Services (DDS), the Massachusetts Commission for the Blind (MCB), the Department of Children and Families (DCF), and the Department of Mental Health (DMH).

REGULATORY AUTHORITY: M.G.L. c. 118E

AGENCY CONTACT: Deborah Briggs, MassHealth Publications PHONE: 617-847-3302

ADDRESS: 100 Hancock Street, 6th Floor, Quincy, MA 02171

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency.

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 145 notifications: 9/14/20 Executive Order 562 approval: 12/7/20

Date of public hearing or comment period: 10/23/20

For the first five years:

No fiscal effect:

Date amended small business impact statement was filed: N/A

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation:

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 11 2020

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1433 DATE: 12/25/2020

EFFECTIVE DATE: 12/25/2020

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 951 & 952 951 & 952

955 - 960 955 - 960

12/11/2020 RB

101 CMR 414.00: RATES FOR FAMILY STABILIZATION SERVICES

Section

414.01: General Provisions 414.02: Definitions 414.03: Rate Provisions 414.04: Filing and Reporting Requirements 414.05: Severability

414.01: General Provisions

(1) Scope. 101 CMR 414.00 establishes the payment rates for family stabilization services that provide support to individuals and families to promote family stability and to prevent unnecessary out-of-home placements. These rates are established for the services listed in 101 CMR 414.03(5). The rates for other family stabilization services are established by other EOHHS regulations as listed in 101 CMR 414.01(3).

(2) Applicable Dates of Service. Rates contained in 101 CMR 414.00 apply for dates of service provided on and after January 1, 2021.

(3) Services and Rates Covered by Other Regulations. Payment rates for the following services are not included within the scope of 101 CMR 414.00 and are governed by other regulations promulgated by EOHHS as follows.

Service Regulation Individual Support and Community 101 CMR 423.00: Rates for Certain In-home Habilitation Basic Living Supports

(4) Disclaimer of Authorization of Services. 101 CMR 414.00 is neither authorization for nor approval of the services for which rates are determined pursuant to 101 CMR 414.00. Governmental units that purchase family stabilization services are responsible for the definition, authorization, and approval of services provided to participants.

(5) Administrative Bulletins. EOHHS may issue administrative bulletins to clarify its policy on substantive provisions of 101 CMR 414.00.

414.02: Definitions

As used in 101 CMR 414.00, unless the context requires otherwise, terms have the meanings in 101 CMR 414.02.

Adolescent Support Network. This service provides young adults with a diverse range of supportive services offered within community advocacy centers. Services are provided by staff trained specifically in the issues of this population, six days per week, and with 24-hour emergency coverage. The service utilizes flexible supports within the community to better assist youth through life transitions in order to meet each person's needs and develop his or her capacity to make empowering choices that promote safety, well-being, and productivity.

Adult Companion and Adult Companion Group Services. Nonmedical care, supervision, and socialization services provided by a companion to a single participant or a small group of two or three participants. Companions may assist or supervise the participant with such light household tasks as meal preparation, laundry, and shopping.

After-school Respite. These services provide after-school supervision and activities for children and adolescents with developmental or behavioral challenges.

Agency Rate. The fee for services performed by a person whose wage is paid by a corporation or partnership that is a MassHealth provider or provider of human services purchased by any governmental unit of the Commonwealth.

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414.02: continued

Agency with Choice. The Agency with Choice program supports individual/family self-determination in managing the receipt of certain services. This program allows individuals/ families to have an increased level of self-determination when they share responsibility for the hiring and management of employees/workers who provide services to them. The Agency with Choice provider is the common law employer of record and the individual/family is the managing employer. Fees for these services are not to exceed the equivalent published rate.

Autism Support Center Services. The array of information and referral services, resources, and support services to children and young adults with autism spectrum disorders and their families, including information and referral, family clinics, support groups, access to the latest information on autism, family trainings, parent networking and mentoring, and social/recreational events, among other activities.

Behavioral Support Services. Services designed to remediate identified challenging behaviors or to help individuals acquire socially appropriate behaviors that are necessary to improve the individual's independence and integration into their community. Behavioral support services and consultation are provided by psychology, mental health, and special education professionals.

Center Size. The number of direct-care full-time equivalent employees (FTEs) required to staff a family support center or autism support center as determined by the Department of Developmental Services (DDS).

Child Requiring Assistance (CRA). A child who is having serious problems at home and at school, including runaways, truants, and sexually exploited children, as designated by St. 2012, c. 240.

Chore. An unusual or infrequent household maintenance task that is needed to maintain the participant's home in a clean, sanitary, and safe environment. This service includes heavy household chores such as washing floors, windows, and walls; tacking down loose rugs and tiles; and moving heavy items of furniture in order to provide safe access and egress.

Client Financial Assistance/Flexible Funding. A method whereby, subject to availability, a purchasing governmental unit may provide individual resource allocations to both families of children and adults across the state. Flexible funding may be provided through a number of means, including a stipend issued directly to the family; reimbursement to the family for specific expenses and support services; or funds directed by the family to a qualified provider for specific services.

Client Financial Assistance/Flexible Funding Administration. A service in which the provider performs the function necessary to successfully administer flexible funding expenditures to families for permissible support services, services, or goods.

Combined Hourly Services. These services, individual or group in nature, are based upon an hour's service time of direct-care staff. While most services are nonclinical, some may be clinical.

Community-based After-school Social and Recreation Program Services. After-school programs for blind children with the following elements: community-based recreation, social-skill development, peer support, and community integration.

Comprehensive Services. These family-oriented services reflect a range of either nonclinical or clinical, or blended models of the two, established on a per-full-day-of-service basis. Within model types, the client-to-staff ratio, or intensity of service, differentiates one from another.

Cost Report. The document used to report costs and other financial and statistical data. The Uniform Financial Statements and Independent Auditor's Report (UFR) is used when required.

Educational Coordination. This is an educational support service providing pre- and post- adoption support for foster, adoptive, or guardianship families, and is based upon an enrolled day of service.

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414.02: continued

Peer Support Services. Services that are designed to provide training, instruction, and mentoring to individuals about self-advocacy, participant direction, civic participation, leadership, benefits, and participation in the community. These services may be provided either by an individual with an intellectual disability or an advisor or support person to a self-advocacy group.

Physical Therapy. Therapy services, including diagnostic evaluation and therapeutic intervention, designed to improve, develop, correct, rehabilitate, or prevent the worsening of physical functions that have been lost, impaired, or reduced as a result of acute or chronic medical conditions, congenital anomalies, or injuries. Physical therapy emphasizes a form of rehabilitation focused on treatment of dysfunctions involving neuromuscular, musculoskeletal, cardiovascular/pulmonary, or integumentary systems through the use of therapeutic interventions to optimize functioning levels.

Planned Facility-based Respite for Children. Services that provide out-of-home supervision and care in a licensed respite home to provide relief for the parents/primary caregivers.

Provider. Any individual, group, partnership, trust, corporation, or other legal entity that offers services for purchase by a governmental unit and that meets the conditions of purchase or licensure that have been adopted by a purchasing governmental unit.

Reporting Year. The provider's fiscal year for which costs incurred are reported to the Operational Services Division on the Uniform Financial Statements and Independent Auditor's Report (UFR).

Respite in the Caregiver's Home. Supervision and care provided in the caregiver's home on a short-term basis, including on a short-term overnight basis, where there is an absence or need for relief of those persons who normally provide care for the participant. Since this service is provided in the caregiver's home, applicable license or certification is necessary.

Respite in the Recipient's Home. Supervision and care provided in the home of the client, by qualified staff that possess a high school diploma, GED, or equivalencies or relevant competencies, on a short-term basis, including on a short-term overnight basis, where there is an absence or need for relief of those persons who normally provide care for the participant.

Self-employed Provider Rate. The fee for services performed by a person that is a provider and is not paid a wage by another person or entity for services performed.

Session. A single group meeting.

Site-based Respite. Services provided by a licensed respite home designed to provide out-of-home supervision and care to provide relief for the parents/primary caregivers.

Specialized Medical Equipment and Supplies. Devices, controls, or appliances to increase abilities in activities of daily living, or to control or communicate with the environment.

Specialty Family Skills Development Program Model. A 14-to-16-week curriculum-based program that engages multiple (ten to 12) families with children from newborn to adolescence, to participate in 14 to 16, 2½ hour sessions led by a trained team of eight to 12 facilitators, professionals, specialty providers, and volunteers. These groups are designed to address families with unique and/or multiple challenges, and special support needs. The program includes a full meal for all participants, and may include transportation for participants and child care for infants and other children.

Speech/Language Therapy. Therapy services, including diagnostic evaluation and therapeutic intervention, that are designed to improve, develop, correct, rehabilitate, or prevent the worsening of speech/language communication and swallowing disorders that have resulted in lost, impaired, or reduced speech/language communication and swallowing abilities as a result of acute or chronic medical conditions, congenital anomalies, or injuries. Speech and language disorders are those that affect articulation of speech, sounds, fluency, voice, swallowing (regardless of presence of a communication disability), and those that impair comprehension, or spoken, written, or other symbol systems used for communication.

12/25/20 101 CMR - 955 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

414.02: continued

State Funding. The aggregate state fiscal year amount of payments to a provider by a governmental unit for services purchased at rates established in 101 CMR 414.00. State funding does not include any amounts attributable to federal funding or grant funds.

Unbundled Intensive Foster Care Special Support Services. This model of intensive foster care represents a modification of the model that is the basis for 101 CMR 411.00: Rates for Certain Placement, Support, and Shared Living Services. This model was requested by the Department of Children and Families (DCF) and eliminates the family resource worker because a DCF employee fulfills this role.

Workforce Initiatives. Funds directed to a provider for workforce development.

414.03: Rate Provisions

(1) Services Included in the Rate. The approved rate includes payment for all care and services that are part of the program of services of an eligible provider, as explicitly set forth in the terms of the purchase agreement between the eligible provider and the purchasing governmental unit(s).

(2) Reimbursement as Full Payment. Each provider must, as a condition of acceptance of payment made by any purchasing governmental units for services rendered, accept the approved program rate as full payment and discharge of all obligations for the services rendered. Payment from any other source will be used to offset the amount of the purchasing governmental unit's obligation for services rendered to the participant.

(3) Payment Limitations. No purchasing governmental unit may pay less than or more than the approved program rate.

(4) Services Provided in Dukes or Nantucket County. In accordance with the provisions of St. 2016, c. 133, payment for services provided in programs located in Dukes or Nantucket County is the rate for the service contained in 101 CMR 414.03(5) times a factor of 1.07.

(5) Approved Rates. The approved rate is the lower of the provider's charge or amount accepted as payment from another payer or the rate listed in 101 CMR 414.03(5).

Service Center Size Unit of Agency Service Rate Adolescent Support Network Enrolled day $20.47 Adult Companion 15 minutes $5.68 Adult Companion Group Services Group of 2 15 minutes $3.65 Adult Companion Group Services Group of 3 15 minutes $2.42 After-school Respite Half day $50.84 After-school Respite Full day $88.08 Autism Support Center/Family Support Center 0.5 Month $4,162.46 Autism Support Center/Family Support Center 1 Month $8.324.93 Autism Support Center/Family Support Center 1.5 Month $12,487.39 Autism Support Center/Family Support Center 2 Month $16,649.86 Autism Support Center/Family Support Center 2.5 Month $19,768.50 Autism Support Center/Family Support Center 3 Month $22,962.07 Autism Support Center/Family Support Center 3.5 Month $26,132.28 Autism Support Center/Family Support Center 4 Month $29,335.55 Autism Support Center/Family Support Center 4.5 Month $32,625.68 Autism Support Center/Family Support Center 5 Month $35,862.89

12/25/20 101 CMR - 956 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

414.03: continued

Service Center Size Unit of Agency Service Rate Autism Support Center/Family Support Center 5.5 Month $39,111.09 Autism Support Center/Family Support Center 6 Month $42,413.11 Autism Support Center/Family Support Center 6.5 Month $45,738.36 Autism Support Center/Family Support Center 7 Month $49,008.10 Autism Support Center/Family Support Center 7.5 Month $52,309.73 Autism Support Center/Family Support Center 8 Month $55,500.14 Autism Support Center/Family Support Center 8.5 Month $58,522.47 Autism Support Center/Family Support Center 9 Month $61,473.36 Autism Support Center/Family Support Center 9.5 Month $64,417.33 Autism Support Center/Family Support Center 10 Month $67,316.60 Autism Support Center/Family Support Center 10.5 Month $70,210.36 Autism Support Center/Family Support Center 11 Month $73,034.97 Autism Support Center/Family Support Center 11.5 Month $75,854.70 Autism Support Center/Family Support Center 12 Month $78,605.85 Agency with Choice N/A I.C. Agency with Choice Admin Fee Month $259.64 Behavioral Support Services Bachelor's 15 minutes $16.09 Behavioral Support Services Master's 15 minutes $24.18 Behavioral Support Services PhD 15 minutes $34.58 Community-based After-school Social and Recreation Group Hour $33.64 Programs Client Financial Assistance/Flex Funding N/A I.C. Client Financial Assistance/Flex Funding Transaction $14.97 Administration Combined Hourly Services: Nonclinical Hour $53.92 Clinical Hour $76.09 Comprehensive Services: Model A-1 Direct Care - Nonclinical Less Intensive Enrolled day $37.21 Model A-2 Direct Care - Nonclinical More Intensive Enrolled day $50.28 Model B Direct Care and Clinical Less Intensive Enrolled day $68.37 Model C Direct Care and Clinical More Intensive Enrolled day $67.65 Model D Clinical Enrolled day $71.59 Model E Direct Care and Clinical High Intensive Enrolled day $105.21 Model F Direct Care and Clinical Highest Intensive Enrolled day $152.14 Model G Direct Care and Clinical Higher Intensive Enrolled day $126.50 Educational Coordination Enrolled day $18.10 Family Navigation 15 minutes $12.97 Family Resource Center Month $49,362 Micro Family Resource Center Month $19,761 Micro Family Resource Center Add-on Month $5,777

12/25/20 101 CMR - 957 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

414.03: continued

Service Center Size Unit of Agency Service Rate Family Resource Center Per Diem Add-on: Family Per Diem $204.64 Support Worker Family Resource Center Per Diem Add-on: Clinician Per Diem $282.24 Family Resource Center Per Diem Add-on: Family Per Diem $181.94 Partner Family Resource Center Per Diem Add-on: School Per Diem $240.63 Liaison Family Training Groups: Specialty Family Skills Development Program Session $2,339.58 Model Add-ons for a Specialty Family Skills Development Program Model: Occupancy Purchase of Space Session $134.63 Family Skills Development Program Model Session $1,496.44 Add-ons for a Family Skills Development Program Model: Facilitator/Coordinator Session $67.50 Meals Session $165.54 Child Care Session $47.73 Occupancy Purchase of Space Session $134.63 Transportation Session $161.56 Parent Skill Development Program Model Session $1,149.97 Add-ons for a Parent Skill Development Program Model: Facilitator/Coordinator Session $67.50 Meals Session $165.54 Child Care Session $47.73 Occupancy Purchase of Space Session $134.63 Transportation Session $161.56 Family Training 15 minutes $8.74 Family Training Group of 2 15 minutes $4.37 Family Training Group of 5 15 minutes $1.76 Intensive Flexible Family Support Services Enrolled day $18.36 Medically Complex Programs Month $269.36 Peer Support 15 minutes $7.59 Peer Support Group of 2 15 minutes $3.80 Peer Support Group of 5 15 minutes $1.53 Planned Site-based Respite for Children Day $401.46 Planned Site-based Respite for Children High-intensity Day $515.72 Support Needs Planned Site-based Respite for Children 30 minutes $25.10 Planned Site-based Respite for Children High-intensity 30 minutes $32.24 Support Needs Respite in Caregiver's Home Level 1 Day $119.99 Respite in Caregiver's Home Level 2 Day $142.94 Respite in Caregiver's Home Level 3 Day $170.35

12/25/20 101 CMR - 958 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

414.03: continued

Service Center Size Unit of Agency Service Rate Respite in Recipient's Home, 1:1 15 minutes $6.82 Respite in Recipient's Home, 1:2 15 minutes $3.41 Respite in Recipient's Home, 1:3 15 minutes $2.28 Respite in Recipient's Home Day $245.43 Site-based Respite Day $273.41 Site-based Respite with Nursing Day $340.68 Unbundled Intensive Foster Care Special Support Child day $46.92 Family Navigation Administrative Service Transaction $37.92

Flexible Supports Level Hourly Monthly Monthly Monthly Monthly Service Rate Rate Rate Rate Rate 1.0 FTE 0.75 FTE 0.5 FTE 0.25 FTE Program Manager 1 N/A $7,661 $5,746 $3,830 $1,915 Program Manager 2 N/A $8,814 $6,610 $4,407 $2,203 Clinician 1 $86.39 $7,379 $5,535 $3,690 $1,845 Clinician 2 $97.51 $8,329 $6,247 $4,164 $2,082 Family Partner 1 $65.69 $5,206 $3,904 $2,603 $1,301 Family Partner 2 $79.21 $6,277 $4,708 $3,139 $1,569 Peer Mentor/Therapeutic 1 $62.50 $5,026 $3,770 $2,513 $1,257 Support Specialist Peer Mentor/Therapeutic 2 $75.82 $6,098 $4,573 $3,049 $1,524 Support Specialist

Add-on Rates Unit Rate Workforce Initiatives Annual 2.9% of the Provider's FY18 State Funding Workforce Initiatives Half-year 1.45% of the Provider's FY18 State Funding

414.04: Filing and Reporting Requirements

(1) General Provisions. (a) Accurate Data. All reports, schedules, additional information, books, and records that are filed or made available to EOHHS must be certified under pains and penalties of perjury as true, correct, and accurate by the Executive Director or Chief Financial Officer of the provider. (b) Examination of Records. Each provider must make available to EOHHS or the purchasing governmental unit upon request all records relating to its reported costs, including costs of any entity related by common ownership or control.

12/25/20 101 CMR - 959 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

414.04: continued

(b) any cost report supplemental schedule as issued by EOHHS; and (c) any additional information requested by EOHHS within 21 days of a written request.

(3) Penalty for Noncompliance. The purchasing governmental unit may impose a penalty in the amount of up to 15% of its payments to any provider that fails to submit required information. The purchasing governmental unit will notify the provider in advance of its intention to impose a penalty under 101 CMR 414.04(3).

414.05: Severability

The provisions of 101 CMR 414.00 are severable. If any provision of 101 CMR 414.00 or application of such provision to any eligible provider or fiscal intermediary is held invalid or unconstitutional, such determination will not affect the validity or constitutionality of any remaining provisions of 101 CMR 414.00 or application of such provisions to eligible providers or fiscal intermediaries in circumstances other than those held invalid.

REGULATORY AUTHORITY

101 CMR 414.00: M.G.L c. 118E.

12/25/20 101 CMR - 960 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. Docket # 328

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 101 CMR 420.00

CHAPTER TITLE: Rates for Adult Long-term Residential Services

AGENCY: Executive Office of Health and Human Services

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. 101 CMR 420.00 governs the payment rates for adult long-term residential services provided to publicly aided individuals by governmental units.

REGULATORY AUTHORITY: M.G.L. c. 118E

AGENCY CONTACT: Deborah Briggs, MassHealth Publications PHONE: 617-847-3302

ADDRESS: 100 Hancock Street, 6th Floor, Quincy, MA 02171

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency.

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 145 notifications: 10/16/20 Executive Order 562 approval: 12/7/20

Date of public hearing or comment period: 11/20/20

For the first five years:

No fiscal effect:

Date amended small business impact statement was filed: N/A

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation:

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 11 2020

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1433 DATE: 12/25/2020

EFFECTIVE DATE: 12/25/2020

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 999-1016.2 999-1014

12/11/2020 RB

101 CMR 420.00: RATES FOR ADULT LONG-TERM RESIDENTIAL SERVICES

Section

420.01: General Provisions 420.02: Definitions 420.03: Rate Provisions 420.04: Filing and Reporting Requirements 420.05: Severability

420.01: General Provisions

(1) Scope. 101 CMR 420.00 governs the payment rates for adult long-term residential (ALTR) services purchased by a governmental unit including, but not limited to, the Department of Developmental Services (DDS), the Massachusetts Commission for the Blind (MCB), or the Massachusetts Rehabilitation Commission (MRC).

(2) Applicable Dates of Service. Rates are applicable for dates of service as provided under 101 CMR 420.03(8), unless otherwise specifically noted.

(3) Disclaimer of Authorization of Services. 101 CMR 420.00 is neither authorization for nor approval of the services for which rates are determined pursuant to 101 CMR 420.00. Governmental units that purchase the services described in 101 CMR 420.00 are responsible for the definition, authorization, and approval of services extended to clients.

(4) Administrative Bulletins. The Executive Office of Health and Human Services may issue administrative bulletins to clarify its policy on substantive provisions of 101 CMR 420.00.

420.02: Definitions

As used in 101 CMR 420.00, unless the context requires otherwise, terms have the meanings in 101 CMR 420.02.

Add-on Rate. A rate that is intended to provide an additional, necessary service not included in the current programmatic model, which will be instituted at the discretion of the purchasing governmental unit.

ALTR Services. Residential site-specific programs that provide adult clients a place of overnight housing for an extended period of time in a residential facility with necessary daily living, physical, social, and clinical and/or medical support, and that are not subject to licensure under M.G.L. c. 111, § 71.

Basic. The category of ALTR service models for clients who need daily intervention, supervision, and skills training in activities of daily living, managing within a home environment, and community integration. Individuals may require some physical assistance or accommodation due to cognitive and/or intellectual disability, including a mild-to-moderate developmental delay.

Bridge Funding. An add-on rate that provides supplemental payment for ALTR services during the first two quarters of fiscal year 2021, in advance of the revised rate structure effective July 1, 2020.

Client. An individual receiving ALTR services purchased by a governmental unit.

Cost Report. The document used to report costs and other financial and statistical data. The Uniform Financial Statements and Independent Auditor's Report (UFR) is used when required.

Day Staffing. Additional daytime staff to support individuals who are home during the day due to day program closures, reduced capacity, transportation restrictions, and/or health and safety considerations resulting from the COVID-19 public health emergency.

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420.02: continued

Direct Care (DC) Staff Intensity Level. The number of full-time equivalent (FTE) positions for direct care staff included in each program model. The DC staff intensity level reflects the sum of the FTEs for direct care workers, including overnight staffs.

Emergency Stabilization Residence. This service provides temporary, flexible, and individualized services to adults in a facility or home-like environment. The program is designed for adults who are not able to be stabilized in their current family home or residential program due to behavioral, mental health, or other care issues. The program is available 24 hours a day/seven days a week. Provider billing for Emergency Stabilization Residence services utilizing rates under 101 CMR 420.00 is pursuant to contract with the purchasing governmental unit and for dates of service on or after July 1, 2016.

EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.

Full-time Equivalent (FTE). Staff position equivalent to a full-time employee.

Governmental Unit. The Commonwealth, any board, commission, department, division, or agency of the Commonwealth and any political subdivision of the Commonwealth.

Intermediate. The category of ALTR service models designed to meet the needs of clients with support need beyond the basic level. These program models include specialized staffing, training or additional skills for staff, and/or additional operational support when compared to basic. The selection of intermediate tier programs is based on client need for behavioral supports, enhanced supervision, or interventions designed to address multiple disabilities.

Medical/Clinical. The category of ALTR service models that delivers additional supports, when compared to the intermediate models, through the utilization of direct nursing services and highly experienced or credentialed direct care staff. At the discretion of the purchasing governmental unit, medical/clinical level 1 may alternatively reflect programs where specialized behavioral/ clinical staff constitute a significant portion of the total staffing pattern. The intermediate models are used as the foundation for all medical models. For each intermediate model, there are three associated medical models, each reflecting the additional direct nursing resources available for the site.

Model Type Specialized DC % Nursing % Medical/Clinical Level 1 80 20 Medical Level 2 70 30 Medical Level 3 60 40

New Program/Replacement Rate. Rate for a new program site or replacement of an existing site.

Program Per Diem. Program service unit based on a 24-hour period of care.

Reporting Year. The provider's fiscal year for which costs incurred are reported to the Operational Services Division on the UFR.

Service Model Rate. A rate that includes the programmatic resources to provide the client focused direct care and support services, including consultants, materials and supplies, and administrative services attributed to the service portion of the program. It does not include the resources for provision of the physical space associated with the program and included in the site rate.

12/25/20 101 CMR - 1000 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.02: continued

Site Rate. A rate established by the purchasing governmental unit for the provision of the physical site housing the ALTR program which may include, but is not limited to, lease or rental payments, depreciation, interest associated with long-term debt, insurance on buildings, maintenance, electricity, heat, water, and meals. Lease payments to related parties must not exceed the cost of what the provider would pay if the provider directly owned the property.

Site Unit Cost. The result of dividing the total annualized cost of a program's physical site for the period from July 1, 2011 through June 30, 2012, by the product of the capacity times 365. The purchasing governmental unit will determine the total annualized cost of a program's physical site based on applicable line items in the UFR as determined by the purchasing governmental unit, and may approve adjustments to the site unit cost for unanticipated circumstances as determined by the purchasing governmental unit.

420.03: Rate Provisions

(2) Reimbursement as Full Payment. Each eligible provider must, as a condition of acceptance of payment made by any purchasing governmental units for services rendered, accept the approved program rate as full payment and discharge of all obligations for the services rendered. Payment from any other source will be used to offset the amount of the purchasing governmental unit's obligation for services rendered to the publicly assisted client.

(3) Payment Limitations. No purchasing governmental unit may pay less than or more than the approved program rate, except as cited in 101 CMR 420.03.

(4) Administrative Adjustment for Extraordinary Circumstances. A method whereby, subject to availability of funds, a purchasing governmental unit may provide additional resource allocations to a qualified provider in response to unusual and unforeseen circumstances that substantially increase the cost of service delivery in ways not contemplated in the development of current rates. Providers must demonstrate that such cost increases gravely threaten the stability of service provision such that client or consumer access to necessary services is at risk. The purchasing governmental unit will evaluate the need for the administrative adjustment, determine whether funding is available, and convey that information to EOHHS for review to determine the amount of any adjustment.

(5) Blended Contract Rate Calculation. Purchasing governmental units may pay a blended contract rate for the purchase of two or more ALTR programs. The blended rate will be calculated according to the following formula: Sum of {[(Per Diem rate for Program Model 1)*(Units purchased of Program Model 1)*(Number of clients purchased in Program 1) / (Total number of clients in Program 1)], [(Per Diem rate for Program Model 2)*(Units purchased of Program Model 2) * (Number of clients purchased in Program 2) / (Total number of clients in Program 2)], [(Per Diem rate for Program Model 3)*(Units purchased of Program Model 3) * (Number of clients purchased in Program 3) / (Total number of clients in Program 3)],…,[Total funding for Add-ons]} Divided by the [(Sum of the Units purchased)*(Count of clients)] for all programs in the contract.

(6) Service Model Naming Convention. 101 CMR 420.03(6)(a) and (b) describe the naming convention for the service models as listed in the rate tables. (a) Basic and Intermediate. The name of each service model rate consists of six characters. The first character represents the category of the service tier, "B" for basic, and "I" for intermediate. The second through fifth characters describe the number of direct care FTEs associated with the model. The sixth character represents the capacity range for the model. Capacity 1 models are represented with "A", capacity 2-3 models are represented with "B", and capacity 4+ models are represented with "C". Example: I06.5B describes an intermediate, 6.5 FTE program with capacity of 2 or 3.

12/25/20 101 CMR - 1001 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

(b) Medical/Clinical. The name of each medical/clinical service model rate consists of seven characters. The first character, "M", represents the medical/clinical service tier. The second through fifth characters describe the number of direct care FTEs associated with the model. The sixth character represents the capacity range for the model. Capacity 1 models are represented with "A", capacity 2-3 models are represented with "B", and capacity 4+ models are represented with "C". The seventh character represents the level of incremental resources contained in the medical/clinical service model. Example: M10.5C2 represents a medical level 2 program with 10.5 FTEs and a capacity of four or more.

(7) Programs Located outside the Commonwealth of Massachusetts. (a) If an ALTR is located outside of the Commonwealth of Massachusetts in a state that has an established state rate or price setting mechanism the purchasing governmental unit will pay for the service using the rate established, authorized, or approved by the state in which the program is located, provided that the rate is the lowest charged by a provider for the program. If the requested rate is not the lowest charged by the provider for the program, the provider must identify and document the amount of the lowest rate charged, which will then be used by the purchasing governmental unit to pay for services. In order for the purchasing governmental unit to pay this rate, the following must be submitted to the purchasing governmental unit by the provider: 1. a certification from the provider that the rate requested to be authorized is the lowest charged by the provider for the program; and 2. a copy of the rate authorization or approval by the state in which the program is located, including the effective dates of the rate. (b) If an ALTR service is located outside the Commonwealth of Massachusetts in a state where there is no established state rate or price setting mechanism, the purchasing governmental unit will pay for the service using the rates set forth in 101 CMR 420.03(8).

(8) Approved Rates. The rates set forth in 101 CMR 420.03(8) govern the payment rates for services purchased by a governmental unit. The approved rate will be the lower of the provider's charge or amount accepted as payment from another payer or the rate listed. (a) Per Diem Service Model Program Rates Effective July 1, 2020. 1. Basic Lower and Basic Operational Rates.

Lower Per Diem Basic FTEs Per Diem Basic FTEs Per Diem Model FTEs Rate Model Rate Model Rate L01A 3.45 $526.06 B01A 3.15 $512.15 B04D 7.53 $321.09 L02A 3.45 $332.04 B02A 4.35 $390.02 B04E 8.15 $332.55 L03A 3.45 $232.00 B02B 4.52 $399.68 B04F 8.90 $356.72 L04A 3.45 $193.91 B02C 5.15 $441.56 B05A 6.53 $240.76 L05A 3.45 $161.52 B03A 4.35 $270.66 B05B 7.53 $261.58 L06A 5.88 $185.97 B03B 5.00 $298.60 B05C 8.38 $283.48 L07A 7.56 $191.18 B03C 5.50 $323.28 B05D 8.88 $296.35 L07B 8.30 $203.19 B03D 6.00 $344.75 B06A 8.03 $234.03 L08A 8.02 $178.43 B03E 6.90 $372.33 B07A 9.01 $224.86 L09A 8.48 $168.51 B03F 7.25 $386.74 B08A 9.95 $215.10 L10A 9.17 $163.32 B03G 7.90 $414.33 B09A 10.25 $199.02 L11A 9.85 $158.73 B04A 5.50 $259.95 B10A 10.93 $192.91 L12A 10.73 $156.90 B04B 6.13 $280.08 B11A 11.67 $188.18 L13A 12.23 $160.74 B04C 6.90 $292.45 B12A 12.50 $185.06

12/25/20 101 CMR - 1002 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

2. Intermediate Operational Rates.

Lower Per Diem Basic FTEs Per Diem Basic FTEs Per Diem Model FTEs Rate Model Rate Model Rate I01A 3.15 $522.76 I03B 4.90 $312.12 I04L 12.20 $505.50 I01B 3.45 $573.16 I03C 5.50 $353.78 I04M 12.70 $528.44 I01C 3.95 $642.08 I03D 6.90 $400.75 I05A 6.90 $268.03 I01D 4.55 $715.63 I03E 7.25 $438.87 I05B 7.40 $281.82 I01E 5.08 $797.86 I03F 7.50 $445.68 I05C 7.90 $295.70 I01F 5.35 $834.39 I03G 7.93 $465.62 I05D 8.30 $306.63 I01G 6.28 $964.22 I03H 8.43 $488.60 I05E 8.58 $310.89 I01H 7.22 $1,054.98 I03I 8.93 $511.58 I05F 8.95 $321.23 I02A 3.70 $367.63 I03J 9.60 $535.47 I05G 9.70 $349.25 I02B 4.35 $414.18 I03K 10.40 $572.23 I05H 10.20 $363.03 I02C 4.90 $452.09 I03L 10.80 $590.62 I05I 10.70 $375.37 I02D 5.25 $476.22 I04A 6.13 $298.05 I05J 11.20 $391.59 I02E 5.50 $493.45 I04B 6.90 $324.59 I05K 11.68 $403.44 I02F 5.85 $517.58 I04C 7.25 $336.66 I05L 12.20 $417.77 I02G 6.13 $545.81 I04D 7.93 $355.93 I05M 12.70 $432.18 I02H 6.50 $571.31 I04E 8.33 $369.72 I06A 8.95 $274.54 I02I 7.25 $637.23 I04F 8.95 $403.31 I07A 10.60 $266.28 I02J 7.75 $675.56 I04G 9.70 $436.73 I08A 11.58 $255.13 I02K 8.40 $689.98 I04H 10.10 $448.98 I09A 12.56 $246.95 I02L 8.90 $737.00 I04I 10.85 $458.47 I10A 13.54 $237.91 I02M 9.40 $749.82 I04J 11.20 $470.21 I11A 14.52 $233.38 I03A 4.35 $286.85 I04K 11.68 $487.11 I12A 15.50 $228.27

3. Medical/Clinical Operational Rates.

Lower Per Diem Basic FTEs Per Diem Basic FTEs Per Diem Model FTEs Rate Model Rate Model Rate M01A1 3.15 $642.40 M03E1 7.25 $512.35 M05A1 6.90 $312.82 M01A2 3.15 $698.09 M03E2 7.25 $555.13 M05A2 6.90 $337.25 M01A3 3.15 $765.82 M03E3 7.25 $607.16 M05A3 6.90 $366.96 M01A4 3.15 $885.72 M03E4 7.25 $699.26 M05A4 6.90 $419.56 M01B1 3.45 $693.36 M03F1 7.5 $526.34 M05B1 7.40 $329.40 M01B2 3.45 $754.42 M03F2 7.5 $570.59 M05B2 7.40 $355.81 M01B3 3.45 $828.69 M03F3 7.5 $624.42 M05B3 7.40 $387.68 M01B4 3.45 $960.16 M03F4 7.5 $719.70 M05B4 7.40 $444.08

12/25/20 101 CMR - 1003 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

Lower Per Diem Basic FTEs Per Diem Basic FTEs Per Diem Model FTEs Rate Model Rate Model Rate M01C1 3.95 $777.39 M03G1 7.93 $556.08 M05C1 7.90 $346.40 M01C2 3.95 $847.31 M03G2 7.93 $602.84 M05C2 7.90 $374.37 M01C3 3.95 $932.36 M03G3 7.93 $659.72 M05C3 7.90 $408.39 M01C4 3.95 $1,082.90 M03G4 7.93 $760.40 M05C4 7.90 $468.61 M01D1 4.55 $878.14 M03H1 8.43 $584.07 M05D1 8.30 $359.84 M01D2 4.55 $958.68 M03H2 8.43 $633.78 M05D2 8.30 $389.22 M01D3 4.55 $1,056.64 M03H3 8.43 $694.24 M05D3 8.30 $424.96 M01D4 4.55 $1,230.05 M03H4 8.43 $801.27 M05D4 8.30 $488.23 M02A1 3.7 $433.28 M03I1 8.93 $612.05 M05E1 8.58 $369.07 M02A2 3.7 $466.03 M03I2 8.93 $664.71 M05E2 8.58 $399.43 M02A3 3.7 $505.86 M03I3 8.93 $728.77 M05E3 8.58 $436.35 M02A4 3.7 $576.37 M03I4 8.93 $842.15 M05E4 8.58 $501.72 M02B1 4.35 $487.85 M03J1 9.6 $653.13 M05F1 8.95 $381.66 M02B2 4.35 $526.35 M03J2 9.6 $709.77 M05F2 8.95 $413.35 M02B3 4.35 $573.18 M03J3 9.6 $778.67 M05F3 8.95 $451.89 M02B4 4.35 $656.07 M03J4 9.6 $900.63 M05F4 8.95 $520.11 M02C1 4.9 $534.02 M03K1 10.4 $697.91 M05G1 9.70 $414.19 M02C2 4.9 $577.39 M03K2 10.4 $759.27 M05G2 9.70 $448.53 M02C3 4.9 $630.14 M03K3 10.4 $833.91 M05G3 9.70 $490.30 M02C4 4.9 $723.52 M03K4 10.4 $966.03 M05G4 9.70 $564.24 M02D1 5.25 $563.41 M03L1 10.8 $720.29 M05H1 10.20 $430.98 M02D2 5.25 $609.87 M03L2 10.8 $784.02 M05H2 10.20 $467.09 M02D3 5.25 $666.39 M03L3 10.8 $861.53 M05H3 10.20 $511.01 M02D4 5.25 $766.43 M03L4 10.8 $998.73 M05H4 10.20 $588.76 M02E1 5.5 $584.39 M04A1 6.13 $348.22 M05I1 10.70 $447.77 M02E2 5.5 $633.07 M04A2 6.13 $375.33 M05I2 10.70 $485.65 M02E3 5.5 $692.28 M04A3 6.13 $408.30 M05I3 10.70 $531.73 M02E4 5.5 $797.09 M04A4 6.13 $466.65 M05I4 10.70 $613.29 M02F1 5.85 $613.78 M04B1 6.90 $380.54 M05J1 11.20 $465.55 M02F2 5.85 $665.55 M04B2 6.90 $411.05 M05J2 11.20 $505.20 M02F3 5.85 $728.53 M04B3 6.90 $448.17 M05J3 11.20 $553.43 M02F4 5.85 $840.01 M04B4 6.90 $513.86 M05J4 11.20 $638.80 M02G1 6.13 $646.22 M04C1 7.25 $395.23 M05K1 11.68 $481.67 M02G2 6.13 $700.47 M04C2 7.25 $427.30 M05K2 11.68 $523.02 M02G3 6.13 $766.46 M04C3 7.25 $466.29 M05K3 11.68 $573.32

12/25/20 101 CMR - 1004 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

Lower Per Diem Basic FTEs Per Diem Basic FTEs Per Diem Model FTEs Rate Model Rate Model Rate M02G4 6.13 $883.28 M04C4 7.25 $535.32 M05K4 11.68 $662.35 M02H1 6.5 $677.28 M04D1 7.93 $423.78 M05L1 12.20 $499.13 M02H2 6.5 $734.81 M04D2 7.93 $458.85 M05L2 12.20 $542.32 M02H3 6.5 $804.78 M04D3 7.93 $501.51 M05L3 12.20 $594.86 M02H4 6.5 $928.65 M04D4 7.93 $577.02 M05L4 12.20 $687.85 M02I1 7.25 $740.41 M04E1 8.33 $440.57 M05M1 12.70 $515.92 M02I2 7.25 $804.60 M04E2 8.33 $477.41 M05M2 12.70 $560.88 M02I3 7.25 $882.67 M04E3 8.33 $522.22 M05M3 12.70 $615.57 M02I4 7.25 $1,020.86 M04E4 8.33 $601.54 M05M4 12.70 $712.38 M02J1 7.75 $782.22 M04F1 8.95 $466.80 M06A1 8.95 $324.90 M02J2 7.75 $850.81 M04F2 8.95 $506.41 M06A2 8.95 $351.31 M02J3 7.75 $934.24 M04F3 8.95 $554.59 M06A3 8.95 $383.42 M02J4 7.75 $1,081.93 M04F4 8.95 $639.86 M06A4 8.95 $440.27 M02K1 8.4 $841.74 M04G1 9.70 $505.23 M07A1 10.60 $323.30 M02K2 8.4 $916.09 M04G2 9.70 $548.57 M07A2 10.60 $350.11 M02K3 8.4 $1,006.52 M04G3 9.70 $600.78 M07A3 10.60 $382.71 M02K4 8.4 $1,166.59 M04G4 9.70 $693.20 M07A4 10.60 $440.42 M02L1 8.9 $883.72 M04H1 10.10 $522.02 M08A1 11.58 $308.07 M02L2 8.9 $962.49 M04H2 10.10 $566.71 M08A2 11.58 $333.68 M02L3 8.9 $1,058.30 M04H3 10.10 $621.08 M08A3 11.58 $364.84 M02L4 8.9 $1,227.90 M04H4 10.10 $717.31 M08A4 11.58 $419.98 M02M1 9.4 $925.69 M04I1 10.85 $553.50 M09A1 12.56 $297.90 M02M2 9.4 $1,008.89 M04I2 10.85 $601.52 M09A2 12.56 $322.59 M02M3 9.4 $1,110.08 M04I3 10.85 $659.92 M09A3 12.56 $352.63 M02M4 9.4 $1,289.21 M04I4 10.85 $763.30 M09A4 12.56 $405.80 M03A1 4.35 $335.96 M04J1 11.20 $569.43 M10A1 13.54 $285.73 M03A2 4.35 $361.62 M04J2 11.20 $618.99 M10A2 13.54 $309.48 M03A3 4.35 $392.84 M04J3 11.20 $679.28 M10A3 13.54 $338.37 M03A4 4.35 $448.10 M04J4 11.20 $785.99 M10A4 13.54 $389.50 M03B1 4.9 $366.74 M04K1 11.68 $589.52 M11A1 14.52 $279.86 M03B2 4.9 $395.65 M04K2 11.68 $641.20 M11A2 14.52 $303.21 M03B3 4.9 $430.82 M04K3 11.68 $704.06 M11A3 14.52 $331.62 M03B4 4.9 $493.07 M04K4 11.68 $815.33 M11A4 14.52 $381.90 M03C1 5.5 $414.40 M04L1 12.20 $611.41 M12A1 15.50 $273.34 M03C2 5.5 $446.86 M04L2 12.20 $665.40 M12A2 15.50 $296.19

12/25/20 101 CMR - 1005 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

Lower Per Diem Basic FTEs Per Diem Basic FTEs Per Diem Model FTEs Rate Model Rate Model Rate M03C3 5.5 $486.33 M04L3 12.20 $731.07 M12A3 15.50 $323.99 M03C4 5.5 $556.20 M04L4 12.20 $847.31 M12A4 15.50 $373.20 M03D1 6.9 $492.76 M04M1 12.70 $632.40 M03D2 6.9 $533.47 M04M2 12.70 $688.60 M03D3 6.9 $582.99 M04M3 12.70 $756.96 M03D4 6.9 $670.65 M04M4 12.70 $877.96

4. Add-on Rates.

Category Unit Rate

DC Worker Level I Hour $17.04 DC Worker Level I Day $136.32 DC Worker Level II Hour $18.26 DC Worker Level II Day $146.08 Relief Level I Hour $14.90 Relief Level II Hour $15.94 Certified Nurse Assistant (CNA) Hour $18.48 Licensed Practical Nurse (LPN) Hour $39.32 Registered Nurse (RN) Hour $47.68 Clinician Hour $52.72 Psychologist (Masters Level) Hour $94.60 Psychologist/Psychiatrist Hour $135.32 (PhD Level)

Vehicle Add-on Day Month

Sedan $19.82 $602.90 Minivan $24.44 $743.52 Van $29.00 $882.22 Wheelchair Van $39.29 $1,195.00

Vehicle Upgrade Day Month

Sedan to Minivan $4.62 $140.62 Sedan to Van $9.18 $279.32 Sedan to Wheelchair Van $19.47 $592.10 Minivan to Van $4.56 $138.70 Minivan to Wheelchair Van $14.84 $451.48 Van to Wheelchair Van $10.28 $312.78 Bridge Funding 2% of the Monthly Provider's FY20 average monthly State funding for operational services Day Staffing 5.25% of the Monthly Provider's FY20 average monthly State funding for operational services

12/25/20 101 CMR - 1006 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

5. Site Rates. a. Site Rates for Programs Operating Prior to July 1, 2014. The table in 101 CMR 420.03(8)(c) lists per diem site unit cost ranges and the corresponding per diem site rate.

Site Unit Cost Range Per Diem Site Rate $0.01 - $3.84 $3.71 $3.85 - $8.30 $8.03 $8.31 - $12.76 $12.12 $12.77 - $17.22 $16.81 $17.23 - $21.68 $21.09 $21.69 - $26.15 $25.84 $26.16 - $30.60 $30.42 $30.61 - $35.07 $34.82 $35.08 - $39.52 $39.33 $39.53 - $43.98 $43.82 $43.99 - $48.44 $48.67 $48.45 - $52.90 $53.55 $52.91 - $57.36 $57.95 $57.37 - $61.82 $62.60 $61.83 - $66.28 $65.79 $66.29 - $70.74 $71.49 $70.75 - $75.20 $76.48 $75.21 - $79.66 $80.99 $79.67 - $84.12 $86.12 $84.13 - $88.58 $91.11 $88.59 - $94.15 $96.14 $94.16 - $99.73 $101.11 $99.74 - $103.07 $104.58 $103.08 - $107.53 $109.29 $107.54 - $111.99 $114.00 $112.00 - $116.45 $118.71 $116.46 - $120.91 $123.42 $120.92 - $125.37 $128.14 $125.38 - $129.83 $132.85 $129.84 - $134.29 $137.56 $134.30 - $138.75 $142.27 $138.76 - $143.21 $146.98 $143.22 + $152.37

b. New Program Site or Current Site Replacement Rate. i. A site rate for a new or replacement residence, based on the particular needs of the individuals proposed for placement at the site, will be established using the Application for New Site Occupancy, or other such process as determined by the purchasing governmental unit. The application must include the provider's best estimates of site-specific costs and must be supported by available documentation. Costs may be subject to reasonable limits as determined by the purchasing governmental unit. A food allowance of $8.16 per resident per day will be included as an occupancy expense for each new or replacement residence. The application will be subject to audit and verification by the purchasing governmental unit to ensure the application data is accurate. The purchasing governmental unit may require the provider to return any excess funding received through this provision. New site occupancy rates established by the Executive Office of Health and Human Services and the purchasing governmental units during the period of July 1, 2014 through June 30, 2020, will continue at the rates established by the New Site Occupancy process effective during that period, but may be subject to adjustments for extenuating circumstances as determined by the purchasing governmental unit. ii. The maximum per person/per month rates for new program sites or replacement sites for each region as defined in 101 CMR 420.03(8)(b) are as follows.

12/25/20 101 CMR - 1007 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

Region Maximum Allowable Rate Unit Central / West $1,629 per person per month Southeast $1,763 per person per month Northeast $1,763 per person per month Metro Boston $2,001 per person per month

iii. The maximum per person/per month rate for new program or replacement sites that serve individuals with acquired brain injury, or sites that are medically intensive, as determined by the purchasing governmental unit, is $2,174. iv. Exceptions to the maximum allowable rate for new program sites or replacement sites established pursuant to 101 CMR 420.03(8)(a)5.b. may be granted by the purchasing governmental unit to new or replacement sites where the site developer has applied to receive Facility Consolidation Funding administered through the Community Economic Development Assistance Corporation. The purchasing governmental unit may issue guidance to clarify its application of exceptions made in accordance with 101 CMR 420.03(8)(a)5.b.iv. (b) Per Diem Service Model Program Rates Effective January 1, 2021. 1. Operational Rates.

1 Capacity Site FTE Basic Intermediate Level Level 03.0 $578.58 $587.72 03.5 - $664.41 04.0 - $741.10 04.5 - $816.47 05.0 - $893.16 05.5 - $969.85 06.0 - $1,045.22 06.5 - $1,121.91 07.0 - $1,198.60

2-3 Capacity Site FTE Basic Intermediate Level Level Medical 1 Medical 2 Medical 3 03.0 03.5 $770.02 $796.21 $851.41 $884.35 $926.07 04.0 $844.14 $872.90 $941.00 $981.24 $1,032.21 04.5 $916.98 $948.27 $1,029.21 $1,076.65 $1,136.72 05.0 $991.10 $1,024.96 $1,118.80 $1,173.54 $1,242.85 05.5 $1,065.22 $1,101.65 $1,208.39 $1,270.43 $1,348.99 06.0 $1,138.06 $1,177.02 $1,296.61 $1,365.84 $1,453.50

12/25/20 101 CMR - 1008 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

2-3 Capacity Site FTE Basic Intermediate Level Level Medical 1 Medical 2 Medical 3 06.5 $1,212.18 $1,253.71 $1,386.20 $1,462.73 $1,559.63 07.0 $1,286.30 $1,330.40 $1,475.79 $1,559.62 $1,665.77 07.5 $1,360.42 $1,407.09 $1,565.38 $1,656.51 $1,771.90 08.0 $1,433.26 $1,482.46 $1,653.60 $1,751.92 $1,876.41 08.5 $1,507.38 $1,559.15 $1,743.19 $1,848.81 $1,982.55 09.0 $1,581.49 $1,635.85 $1,832.78 $1,945.70 $2,088.69 09.5 - $1,711.21 $1,921.00 $2,041.10 $2,193.20 10.0 - $1,787.91 $2,010.59 $2,138.00 $2,299.33 10.5 - $1,864.60 $2,100.18 $2,234.89 $2,405.47 11.0 - $1,939.97 $2,188.39 $2,330.29 $2,509.98

4+ Capacity Site FTE Basic Intermediate Level Level Medical 1 Medical 2 Medical 3 03.0 - - - - - 03.5 $896.80 - - - - 04.0 $970.91 $1,009.09 - - - 04.5 $1,043.76 $1,085.36 - - - 05.0 $1,117.87 $1,162.05 - - - 05.5 $1,191.99 $1,238.74 - - - 06.0 $1,264.83 $1,314.11 $1,433.71 $1,502.93 $1,590.59 06.5 $1,338.95 $1,390.81 $1,523.30 $1,599.82 $1,696.73 07.0 $1,413.07 $1,467.50 $1,612.89 $1,696.71 $1,802.86 07.5 $1,487.19 $1,544.19 $1,702.48 $1,793.60 $1,909.00 08.0 $1,560.03 $1,619.56 $1,790.69 $1,889.01 $2,013.51 08.5 $1,634.15 $1,696.25 $1,880.28 $1,985.90 $2,119.64 09.0 $1,708.27 $1,772.94 $1,969.87 $2,082.79 $2,225.78 09.5 $1,781.11 $1,848.31 $2,058.09 $2,178.20 $2,330.29 10.0 $1,855.23 $1,925.00 $2,147.68 $2,275.09 $2,436.43 10.5 $1,929.35 $2,001.69 $2,237.27 $2,371.98 $2,542.56 11.0 $2,002.19 $2,077.06 $2,325.49 $2,467.39 $2,647.07 11.5 $2,076.31 $2,153.75 $2,415.08 $2,564.28 $2,753.21

12/25/20 101 CMR - 1009 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

4+ Capacity Site FTE Basic Intermediate Level Level Medical 1 Medical 2 Medical 3 12.0 $2,150.43 $2,230.44 $2,504.67 $2,661.17 $2,859.34 12.5 $2,224.54 $2,307.14 $2,594.26 $2,758.06 $2,965.48 13.0 - $2,382.50 $2,682.48 $2,853.47 $3,069.99 13.5 - $2,459.20 $2,772.07 $2,950.36 $3,176.13 14.0 - $2,535.89 $2,861.66 $3,047.25 $3,282.26 14.5 - $2,611.26 $2,949.87 $3,142.65 $3,386.77 15.0 - $2,687.95 $3,039.46 $3,239.55 $3,492.91 15.5 - $2,764.64 $3,129.05 $3,336.44 $3,599.04

2. Add-on Rates.

Category Unit Rate

Direct Care Hour $20.32 Direct Care Day $162.56 Direct Care (Intermediate/Medical) Hour $21.02 Direct Care (Intermediate/Medical) Day $168.16 Certified Nurse Assistant (CNA) Hour $20.36 Licensed Practical Nurse (LPN) Hour $40.20 Registered Nurse (RN) Hour $60.80 Clinician (LICSW) Hour $42.64 Clinical Psychologist Hour $53.22 Psychologist/Psychiatrist (PhD Level) Hour $136.72 Day Staffing 5.25% of the Monthly Provider's FY20 average monthly state funding for operational services

Vehicle Add-on Day Month

Sedan $31.16 $947.90 Minivan $42.39 $1,289.35 Van $48.82 $1,485.04 Wheelchair Van $62.33 $1,895.83

Vehicle Upgrade Day Month

Sedan to Minivan $11.23 $341.44 Sedan to Van $17.66 $537.13 Sedan to Wheelchair Van $31.17 $947.93 Minivan to Van $6.43 $195.69 Minivan to Wheelchair Van $19.94 $606.49 Van to Wheelchair Van $13.51 $410.80

(c) Site Rates. 1. Site Rates for Programs Operating Prior to July 1, 2014. The table in 101 CMR 420.03(8)(c) lists per diem site unit cost ranges and the corresponding per diem site rate.

12/25/20 101 CMR - 1010 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

Site Unit Cost Range Per Diem Site Rate

$0.01 - $3.84 $3.71 $3.85 - $8.30 $8.03 $8.31 - $12.76 $12.12 $12.77 - $17.22 $16.81 $17.23 - $21.68 $21.09 $21.69 - $26.15 $25.84 $26.16 - $30.60 $30.42 $30.61 - $35.07 $34.82 $35.08 - $39.52 $39.33 $39.53 - $43.98 $43.82 $43.99 - $48.44 $48.67 $48.45 - $52.90 $53.55 $52.91 - $57.36 $57.95 $57.37 - $61.82 $62.60 $61.83 - $66.28 $65.79 $66.29 - $70.74 $71.49 $70.75 - $75.20 $76.48 $75.21 - $79.66 $80.99 $79.67 - $84.12 $86.12 $84.13 - $88.58 $91.11 $88.59 - $94.15 $96.14 $94.16 - $99.73 $101.11 $99.74 - $103.07 $104.58 $103.08 - $107.53 $109.29 $107.54 - $111.99 $114.00 $112.00 - $116.45 $118.71 $116.46 - $120.91 $123.42 $120.92 - $125.37 $128.14 $125.38 - $129.83 $132.85 $129.84 - $134.29 $137.56 $134.30 - $138.75 $142.27 $138.76 - $143.21 $146.98 $143.22 + $152.37

2. New Program Site or Current Site Replacement Rate. a. A site rate for a new or replacement residence, based on the particular needs of the individuals proposed for placement at the site, will be established using the Application for New Site Occupancy, or other such process as determined by the purchasing governmental unit. The application must include the provider's best estimates of site-specific costs and must be supported by available documentation. Costs may be subject to reasonable limits as determined by the purchasing governmental unit. A food allowance of $8.16 per resident per day will be included as an occupancy expense for each new or replacement residence. The application will be subject to audit and verification by the purchasing governmental unit to ensure the application data is accurate. The purchasing governmental unit may require the provider to return any excess funding received through this provision. New site occupancy rates established by the Executive Office of Health and Human Services and the purchasing governmental units during the period of July 1, 2014 through June 30, 2020, will continue at the rates established by the New Site Occupancy process effective during that period, but may be subject to adjustments for extenuating circumstances as determined by the purchasing governmental unit. b. The maximum per person/per month rates for new program sites or replacement sites for each region as defined in 101 CMR 420.03(8)(b) are as follows.

12/25/20 101 CMR - 1011 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

Region Maximum Allowable Rate Unit Central / West $1,629 per person per month Southeast $1,763 per person per month Northeast $1,763 per person per month Metro Boston $2,001 per person per month

c. The maximum per person/per month rate for new program or replacement sites that serve individuals with acquired brain injury, or sites that are medically intensive, as determined by the purchasing governmental unit, is $2,174. d. Exceptions to the maximum allowable rate for new program sites or replacement sites established pursuant to 101 CMR 420.03(8)(a)5.b. may be granted by the purchasing governmental unit to new or replacement sites where the site developer has applied to receive Facility Consolidation Funding administered through the Community Economic Development Assistance Corporation. The purchasing governmental unit may issue guidance to clarify its application of exceptions made in accordance with 101 CMR 420.03(8)(a)5.b.

(9) Geographic Regions for New Program or Current Replacement Site Rates. (a) Metro Boston: Ashland, Belmont, Boston, Brookline, Cambridge, Canton, Chelsea, Dedham, Dover, Foxborough, Framingham, Holliston, Hopkinton, Hudson, Marlborough, Medfield, Millis, Natick, Needham, Newton, Norfolk, Northborough, Norwood, Plainville, Revere, Sharon, Sherborn, Somerville, Southborough, Sudbury, Walpole, Waltham, Watertown, Wayland, Wellesley, Westborough, Weston, Westwood, Winthrop, Wrentham. (b) Southeast: Abington, Acushnet, Aquinnah, Attleborough, Avon, Barnstable, Berkley, Bourne, Braintree, Brewster, Bridgewater, Brockton, Carver, Chatham, Chilmark, Cohasset, Dartmouth, Dennis, Dighton, Duxbury, East Bridgewater, Eastham, Easton, Edgartown, Fairhaven, Fall River, Falmouth, Freetown, Gosnold, Halifax, Hanover, Hanson, Harwich, Hingham, Holbrook, Hull, Kingston, Lakeville, Mansfield, Marion, Marshfield, Mashpee, Mattapoisett, Middleborough, Milton, Nantucket, New Bedford, North Attleborough, Norton, Norwell, Oak Bluffs, Orleans, Pembroke, Plymouth, Plympton, Provincetown, Quincy, Randolph, Raynham, Rehoboth, Rochester, Rockland, Sandwich, Scituate, Seekonk, Somerset, Stoughton, Swansea, Taunton, Tisbury, Truro, Wareham, Wellfleet, West Bridgewater, West Tisbury, Westport, Weymouth, Whitman, Yarmouth. (c) Northeast: Acton, Amesbury, Andover, Arlington, Bedford, Beverly, Billerica, Boxborough, Boxford, Burlington, Carlisle, Chelmsford, Concord, Danvers, Dracut, Dunstable, Essex, Everett, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, Ipswich, Lawrence, Lexington, Lincoln, Littleton, Lowell, Lynn, Lynnfield, Malden, Manchester by the Sea, Marblehead, Maynard, Medford, Melrose, Merrimac, Methuen, Middleton, Nahant, Newbury, Newburyport, North Andover, North Reading, Peabody, Reading, Rockport, Rowley, Salem, Salisbury, Saugus, Stoneham, Stow, Swampscott, Tewksbury, Topsfield, Tyngsborough, Wakefield, Wenham, West Newbury, Westford, Wilmington, Winchester, Woburn.

12/25/20 101 CMR - 1012 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

420.03: continued

(d) Central/West: Adams, Agawam, Alford, Amherst, Ashburnham, Ashby, Ashfield, Athol, Auburn, Ayer, Barre, Becket, Belchertown, Bellingham, Berlin, Bernardston, Blackstone, Blandford, Bolton, Boylston, Brimfield, Brookfield, Buckland, Charlemont, Charlton, Cheshire, Chester, Chesterfield, Chicopee, Clarksburg, Clinton, Colrain, Conway, Cummington, Dalton, Deerfield, Douglas, Dudley, East Brookfield, East Longmeadow, Easthampton, Egremont, Erving, Fitchburg, Florida, Franklin, Gardner, Gill, Goshen, Grafton, Granby, Granville, Great Barrington, Greenfield, Groton, Hadley, Hampden, Hancock, Hardwick, Harvard, Hatfield, Hawley, Heath, Hinsdale, Holden, Holland, Holyoke, Hopedale, Hubbardston, Huntington, Lancaster, Lanesborough, Lee, Leicester, Lenox, Leominster, Leverett, Leyden, Longmeadow, Ludlow, Lunenburg, Medway, Mendon, Middlefield, Milford, Millbury, Millville, Monroe, Monson, Montague, Monterey, Montgomery, Mt. Washington, New Ashford, New Braintree, New Marlborough, New Salem, North Adams, North Brookfield, Northampton, Northbridge, Northfield, Oakham, Orange, Otis, Oxford, Palmer, Paxton, Pelham, Pepperell, Peru, Petersham, Phillipston, Pittsfield, Plainfield, Princeton, Richmond, Rowe, Royalston, Russell, Rutland, Sandisfield, Savoy, Sheffield, Shelburne, Shirley, Shrewsbury, Shutesbury, South Hadley, Southampton, Southbridge, Southwick, Spencer, Springfield, Sterling, Stockbridge, Sturbridge, Sunderland, Sutton, Templeton, Tolland, Townsend, Tyringham, Upton, Uxbridge, Wales, Ware, Warren, Warwick, Washington, Webster, Wendell, West Boylston, West Brookfield, West Springfield, West Stockbridge, Westfield, Westhampton, Westminster, Whately, Wilbraham, Williamsburg, Williamstown, Winchendon, Windsor, Worcester, Worthington.

420.04: Filing and Reporting Requirements

(1) General Provisions. (a) Accurate Data. All reports, schedules, additional information, books, and records that are filed or made available to EOHHS must be certified under pains and penalties of perjury as true, correct, and accurate by the Executive Director or Chief Financial Officer of the provider. (b) Examination of Records. Each provider must make available to EOHHS or purchasing governmental unit upon request all records relating to its reported costs, including costs of any entity related by common ownership or control.

(2) Required Reports. Each provider must file (a) an annual UFR completed in accordance with the filing requirements of 808 CMR 1.00: Compliance, Preparing and Auditing for Human and Social Services; (b) any cost report supplemental schedule as issued by EOHHS; and (c) any additional information requested by EOHHS within 21 days of a written request.

420.05: Severability

The provisions of 101 CMR 420.00 are severable. If any provision of 101 CMR 420.00 or application of such provision to any eligible provider or fiscal intermediary is held invalid or unconstitutional, such determination will not affect the validity or constitutionality of any remaining provisions of 101 CMR 420.00 or application of such provisions to eligible providers or fiscal intermediaries in circumstances other than those held invalid.

REGULATORY AUTHORITY

101 CMR 420.00: M.G.L. c. 118E.

12/25/20 101 CMR - 1013 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

(PAGES 1015 AND 1016 ARE RESERVED FOR FUTURE USE.)

12/25/20 101 CMR - 1014 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. Docket # 325

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Notice of Correction Secretary of the Commonwealth Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 101 CMR 424.00

CHAPTER TITLE: Rates for Certain Developmental and Support Services

AGENCY: Executive Office of Health and Human Services

ORIGINAL PUBLICATION REFERENCE: 1432 Date: 12/11/2020

SUMMARY OF CORRECTION: Incorrect file was published.

AGENCY CONTACT: Regulations Division PHONE: 617-727-2831

ADDRESS: State House, Rm. 117, Boston MA 02133

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 11 2020 Publication To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1433 DATE: 12/25/2020 EFFECTIVE DATE: 12/11/2020

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 1031-1034 1031-1034

12/11/2020 RB

101 CMR 424.00: RATES FOR CERTAIN DEVELOPMENTAL AND SUPPORT SERVICES

Section

424.01: General Provisions 424.02: Definitions 424.03: Rate Provisions 424.04: Filing and Reporting Requirements 424.05: Severability

424.01: General Provisions

(1) Scope. 101 CMR 424.00 governs the payment rates for certain developmental and support services purchased by a governmental unit including, but not limited to, the Department of Developmental Services (DDS) and the Massachusetts Rehabilitation Commission (MRC).

(2) Applicable Dates of Service. Rates contained in 101 CMR 424.00 apply for dates of service provided on or after January 1, 2021.

(3) Disclaimer of Authorization of Services. 101 CMR 424.00 is neither authorization for nor approval of the services for which rates are determined pursuant to 101 CMR 424.00. Governmental units that purchase the services described in 101 CMR 424.00 are responsible for the definition, authorization, and approval of services extended to clients.

(4) Administrative Bulletins. EOHHS may issue administrative bulletins to clarify its policy on substantive provisions of 101 CMR 424.00.

424.02: Definitions

As used in 101 CMR 424.00, unless the context requires otherwise, terms have the meanings in 101 CMR 424.02.

Client. An individual that receives developmental and support services purchased by a governmental unit.

Clinical Team. The clinical team is comprised of medical, psychological, and social service professionals, and provides around-the-clock on-call response to individuals in crisis.

Corporate Representative Payee. Individualized financial supports and advocacy for individuals who benefit from support in managing their own funds. The program supports the individual in his or her personal movement toward integration into the larger community by handling or supporting various aspects of the individual's bank accounts, bill payments, and personal expenditures. Intensity levels are differentiated by complexity of the individual's finances and level of 1:1 support provided.

Cost Report. The document used to report costs and other financial and statistical data. The Uniform Financial Statements and Independent Auditor's Report (UFR) is used when required.

Day Habilitation Supplemental Service Supports. Certain clients may need supplemental services in the form of additional staff assistance to enable their participation in the day habilitation program listed in 101 CMR 348.02: General Definitions. For those qualifying clients, the approved individual aide rate includes salary, payroll taxes, and fringe benefits for an individual aide for a specific client. (a) The supplemental rate applies when both of the following conditions exist. 1. The purchasing agency determines that the specific client could not participate in a day habilitation program without supplemental one-to-one care. 2. The need for supplemental services is documented in the client's individual service plan or similar plan of care. (b) Approved supplemental services are as follows. 1. Program Aide. Direct care services provided by the equivalent of a Direct Care/Program Staff I as defined in the UFR Audit & Preparation Manual.

12/25/20 (Effective 12/11/20) - corrected 101 CMR - 1031 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

424.02: continued

2. Paraprofessional and Other Credentialed Aides or Those Requiring Experience Beyond That of a Direct Care/Program Staff I. This includes, but is not limited to, physical therapy aides, certified occupational therapy aides, or behavioral specialists.

EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.

Governmental Unit. The Commonwealth, any board, commission, department, division, or agency of the Commonwealth and any political subdivision of the Commonwealth.

Psychology Practitioner. Psychology practitioner may be any of the following: (a) a psychologist who is licensed to practice by the Massachusetts Board of Registration of Psychologists; (b) a graduate of a masters or doctoral level psychology program; or (c) a behavioral analyst, board certified by the Behavior Analyst Certification Board (BACB), a private nonprofit organization based in Littleton, Colorado.

Reporting Year. The provider's fiscal year for which costs incurred are reported to the Operational Services Division on the Uniform Financial Statements and Independent Auditor's Report (UFR).

Transition to Adulthood Program (TAP). A program that assists students with disabilities to prepare for the transition from high school to adulthood by providing advocacy, skills training, and peer counseling, to help students learn to live independently in the community of their choice. TAP services are available to any individual who is 14 through 22 years of age and enrolled in special education.

424.03: Rate Provisions

(3) Payment Limitations. No purchasing governmental unit may pay less than or more than the approved program rate.

(4) Approved Rates. The approved rate is the lower of the provider's charge or amount accepted as payment from another payer or the rate listed in 101 CMR 424.03.

12/25/20 (Effective 12/11/20) - corrected 101 CMR - 1032 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

424.03: continued

Program Rate Unit Corporate Representative Payee Basic Intensity $49.91 Client per Month Moderate Intensity $68.62 Client per Month High Intensity $154.56 Client per Month Transition to Adulthood Program $79.48 Hour Day Habilitation Supplemental Supports Direct Care/Program Staff $5.08 ¼ Hour Licensed Practical Nurse (LPN) $10.05 ¼ Hour Registered Nurse (RN) $15.20 ¼ Hour

Clinical Team Staff Title Level Hourly Rate Clinical Team Program Manager 1 $45.64 Clinical Team Program Manager 2 $52.60 Clinical Team Program Manager 3 $60.52

Clinical Team Program Manager 4 $71.68 Clinical Team Psychiatrist 1 $115.20 Clinical Team Psychiatrist 2 $136.36 Clinical Team Psychiatrist 3 $146.08 Clinical Team Nurse (LPN) 1 $44.44 Clinical Team Nurse (RN) 2 $63.96 Clinical Team Nurse (APRN) 3 $85.52 Clinical Team Specialist 1 $41.28 Clinical Team Specialist 2 $46.72 Clinical Team Specialist 3 $52.72 Clinical Team Specialist 4 $61.60 Clinical Team Specialist 5 $72.80 Clinical Team Direct Care/Clerical 1 $27.68 Clinical Team Direct Care III 2 $33.84 Clinical Team Direct Care/Social/Caseworker 3 $35.48 Clinical Team Direct Care/Social/Case Manager 4 $41.28

12/25/20 (Effective 12/11/20) - corrected 101 CMR - 1033 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. 101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

424.04: Filing and Reporting Requirements

(1) General Provisions. (a) Accurate Data. All reports, schedules, additional information, books, and records that are filed or made available to EOHHS must be certified under pains and penalties of perjury as true, correct, and accurate by the Executive Director or Chief Financial Officer of the provider. (b) Examination of Records. Each provider must make available to EOHHS or purchasing governmental unit upon request all records relating to its reported costs, including costs of any entity related by common ownership or control.

(2) Required Reports. Each provider must file (a) an annual Uniform Financial Statements and Independent Auditor's Report completed in accordance with the filing requirements of 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services; (b) any cost report supplemental schedule as issued by EOHHS; and (c) any additional information requested by EOHHS within 21 days of a written request.

424.05: Severability

The provisions of 101 CMR 424.00 are severable. If any provision of 101 CMR 424.00 or application of such provision to any eligible provider or fiscal intermediary is held invalid or unconstitutional, such determination will not affect the validity or constitutionality of any remaining provisions of 101 CMR 424.00 or application of such provisions to eligible providers or fiscal intermediaries in circumstances other than those held invalid.

REGULATORY AUTHORITY

101 CMR 424.00: M.G.L. c. 118E.

12/25/20 (Effective 12/11/20) - corrected 101 CMR - 1034 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. Docket # 92

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 301 CMR 41.00

CHAPTER TITLE: Toxic or Hazardous Substances List

AGENCY: Executive Office of Energy and Environmental Affairs

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. Companies that use large quantities of toxic and / or hazardous chemicals annually report the use of these chemicals to MassDEP. These regulations define the list of reportable chemicals and their reporting threshold.

REGULATORY AUTHORITY: M.G.L Chapter 21I

AGENCY CONTACT: Tiffany Skogstrom PHONE: 617-626-1080

ADDRESS: EOEEA, 100 Cambridge St., Suite 900 Boston, MA 02114

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency.

Date of public hearing or comment period: 21 day public comment period ended 11/20/20

For the first five years: Historically, the number of private sector companies impacted decreases after the initial year as companies voluntarily decrease chemical use. No fiscal effect: There is no fiscal impact to the public sector to implement these regulations.

Date amended small business impact statement was filed: December 10, 2020

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: Toxics use reduction; chemical; hazardous waste; toxics

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: Amends existing regulation 310 CMR 41.00 Toxic or Hazardous Substance List to reflect changes to the list of reportable substances, consistent with the decisions / actions taken by the Administrative Council on Toxics Use Reduction.

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 11 2020

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1433 DATE: 12/25/2020

EFFECTIVE DATE: 12/25/2020

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 3 & 4 3 & 4 246.5-246.8 246.5-246.14

12/11/2020 mrs

Table of Contents Page

301 CMR 20.00: COASTAL ZONE MANAGEMENT PROGRAM 153

Section 20.01: Authority and Purpose 153 Section 20.02: Definitions 153 Section 20.03: State Implementation of the Massachusetts Coastal Program 155 Section 20.04: Consistency Review of Federal Actions with Coastal Effects 156 Section 20.99: Severability 157

(301 CMR 21.00 AND 22.00: RESERVED) 175

301 CMR 23.00: REVIEW AND APPROVAL OF MUNICIPAL HARBOR PLANS 219

Section 23.01: Purpose 219 Section 23.02: Definitions 219 Section 23.03: Notice to Proceed 221 Section 23.04: Review Procedures 222 Section 23.05: Standards for Municipal Harbor Plan Approval 224 Section 23.06: Amendment and Renewal Procedures 228 Section 23.07: Applicability of Certain Provisions of an Approved MHP 229 Section 23.08: Miscellaneous Administrative Procedures 229 Section 23.09: Severability 230

(301 CMR 24.00: RESERVED) 231

301 CMR 25.00: DESIGNATION OF PORT AREAS 237

Section 25.01: Purpose 237 Section 25.02: Definitions 238 Section 25.03: Designation Procedures 238.1 Section 25.04: Designation Standards 238.3 Section 25.05: DPA Boundary Maps 238.4 Section 25.06: Miscellaneous 238.4

301 CMR 26.00: COASTAL POLLUTANT REMEDIATION PROGRAM 238.7

Section 26.01: Authority 238.7 Section 26.02: Purpose 238.7 Section 26.03: Definitions 238.7 Section 26.04: Eligibility Requirements and Conditions 238.8 Section 26.05: Application and Requirements for Grant Awards 238.9 Section 26.06: State Action 238.10 Section 26.07: Applicable Criteria in Project Evaluation 238.10 Section 26.08: Fiscal Considerations 238.10 Section 26.09: Severability 238.10.1

(301 CMR 27.00: OCEAN SANCTUARIES 238.11

Section 27.01: Purpose 238.11 Section 27.02: Definitions 238.11 Section 27.03: Jurisdiction 238.12.1 Section 27.04: Consistency of Agency Authorizations 238.12.1 Section 27.05: Prohibited and Allowed Activities 238.12.2 Section 27.06: New or Modified Discharge 238.12.3 Section 27.07: Procedures for Map Revisions 238.12.6 Section 27.99: Severability 238.12.6

8/25/17 301 CMR - 3 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Table of Contents Page

301 CMR 28.00: OCEAN MANAGEMENT PLAN 238.13

Section 28.01: Authority and Purpose 238.13 Section 28.02: Definitions 238.13 Section 28.03: Jurisdiction 238.15 Section 28.04: Management Areas and Standards 238.16 Section 28.05: Consistency of Agency Authorizations 238.18 Section 28.06: Ocean Development Mitigation Fee 238.19 Section 28.07: Standards for Plan Review, Amendments and Updates 238.19 Section 28.08: Data Standards 238.20 Section 28.09: Severability 238.20.1

301 CMR 29.00 THRUGH 39.00: (RESERVED) 238.21

301 CMR 40.00: TOXIC USE FEE 239

Section 40.01: Authority and Purpose 239 Section 40.02: Definitions 239 Section 40.03: Toxics Use Fees 241 Section 40.04: Late Fee 242 Section 40.05: Fee Waiver 242

301 CMR 41.00: TOXIC OR HAZARDOUS SUBSTANCE LIST 243

Section 41.01: Authority and Purpose 243 Section 41.02: Definitions 243 Section 41.03: Toxic or Hazardous Substance List 245 Section 41.04: Amendment of the Toxic or Hazardous Substance List 246.11 Section 41.05: Designation of Higher and Lower Hazard Substances 246.12 Section 41.06: Higher Hazard Substances 246.12 Section 41.07: Lower Hazard Substances 246.13

301 CMR 42.00 THROUGH 50.00: (RESERVED) 247

301 CMR 51.00: LAND ACQUISITION 303

Section 51.01: Definitions 303 Section 51.02: Applicability 303 Section 51.03: General Provisions 304 Section 51.04: Preparation for Real Property Acquisition 304 Section 51.05: Central Register Publication Requirement 304 Section 51.06: Determination of Terms of Acquisition 305 Section 51.07: Public Notice of Commonwealth's Intention to Purchase or Lease Real Property 305 Section 51.08: Real Property Acquisition Procedures 305 Section 51.09: Record Keeping Requirements 306 Section 51.10: Reimbursements to Non-profit Organizations 306

(PAGES 5 AND 6 ARE RESERVED FOR FUTURE USE.)

12/25/20 301 CMR - 4 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

41.03: continued

(11) For calendar year reporting period 2019 and thereafter, the toxic or hazardous substance list shall include the following substance category:

The C1-C4 halogenated hydrocarbons/halocarbons not otherwise listed (C1-C4 NOL) category consists of these substances:

C1-C4 NOL includes any chemical substance that has four or fewer carbons, at least one halogen, and only hydrogen as the other constituent, that are not already individually listed. This includes fully halogenated chemicals that contain no hydrogen.

(12) For calendar year reporting period 2020 and thereafter, the toxic or hazardous substance list shall include the following substance category, consistent with changes in the toxic chemical list established pursuant to EPCRA § 313:

The nonylphenol ethoxylates (NPE) category consists of these substances:

CAS # Chemical Name 7311-27-5 Ethanol, 2-[2-[2-[2-(4-nonylphenoxy)ethoxy]ethoxy]ethoxy]- 9016-45-9 Poly(oxy-1,2-ethanediyl), á-(nonylphenyl)-ù-hydroxy- 20427-84-3 Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]- 26027-38-3 Poly(oxy-1,2-ethanediyl), á-(4-nonylphenyl)-ù-hydroxy- 26571-11-9 3,6,9,12,15,18,21,24-Octaoxahexacosan-1-ol, 26-(nonylphenoxy)- 27176-93-8 Ethanol, 2-[2-(nonylphenoxy)ethoxy]- 27177-05-5 3,6,9,12,15,18,21-Heptaoxatricosan-l-ol, 23-(nonylphenoxy)- 27177-08-8 3,6,9,12,15,18,21,24,27-Nonaoxanonacosan-1-ol, 29-(nonylphenoxy)- 27986-36-3 Ethanol, 2-(nonylphenoxy)- 37205-87-1 Poly(oxy-1,2-ethanediyl), á-(isononylphenyl)-ù-hydroxy- 51938-25-1 Poly(oxy-1,2-ethanediyl), á-(2-isononylphenyl)-ù-hydroxy- 68412-54-4 Poly(oxy-1,2-ethanediyl), á-(nonylphenyl)-ù-hydroxy-, branched 127087-87-0 Poly(oxy-1,2-ethanediyl), á-(4-nonylphenyl)-ù-hydroxy-, branched

(13) For calendar year reporting period 2021 and thereafter, the toxic or hazardous substance list shall include the following substances, consistent with changes in the toxic chemical list established pursuant to EPCRA § 313:

CAS # Chemical Name 307-35-7 Perfluorooctylsulfonyl fluoride 307-55-1 Perfluorododecanoic acid 335-66-0 Octanoyl fluoride, pentadecafluoro- 335-67-1 Perfluorooctanoic acid 335-71-7 1-Heptanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7- pentadecafluoro- 335-76-2 Perfluorodecanoic acid 335-95-5 Sodium perfluorooctanoate 355-46-4 Perfluorohexanesulfonic acid 375-95-1 Perfluorononanoic acid 376-06-7 Perfluorotetradecanoic acid 376-14-7 2-[Ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl methacrylate 376-27-2 Methyl perfluorooctanoate 383-07-3 2-[Butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl acrylate 423-82-5 2-[Ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl acrylate 678-39-7 1-Decanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluoro- 865-86-1 1-Dodecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12- heneicosafluoro- 1652-63-7 3-[[(Heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-1- propanaminium iodide 1691-99-2 N-Ethyl-N-(2-hydroxyethyl)perfluorooctanesulfonamide 1763-23-1 Perfluorooctane sulfonic acid

12/25/20 301 CMR - 246.5 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

41.03: continued

CAS # Chemical Name 1996-88-9 2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluorodecyl ester 2043-53-0 Decane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro-10-iodo- 2043-54-1 Dodecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10-heneicosafluoro- 12-iodo- 2144-54-9 2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12- heneicosafluorododecyl ester 2263-9-4 1-Octanesulfonamide, N-butyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-N-(2-hydroxyethyl)- 2795-39-3 Potassium perfluorooctanesulfonate 2991-51-7 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, potassium salt 3107-18-4 Cyclohexanesulfonic acid, undecafluoro-, potassium salt 3825-26-1 Ammonium perfluorooctanoate 3871-99-6 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, potassium salt 3872-25-1 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, potassium salt 4151-50-2 Sulfluramid 4980-53-4 2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,15,15,16,16, 16-nonacosafluorohexadecyl ester 6014-75-1 2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14- pentacosafluorotetradecyl ester 13252-13-6 Hexafluoropropylene oxide dimer acid 16517-11-6 Octadecanoic acid, pentatriacontafluoro- 17202-41-4 1-Nonanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9- nonadecafluoro-, ammonium salt 17741-60-5 1,1,2,2-Tetrahydroperfluorododecyl acrylate 21652-58-4 Perfluorooctyl Ethylene 24448-09-7 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-N-(2-hydroxyethyl)-N-methyl- 25268-77-3 2-[[(Heptadecafluorooctyl)sulfonyl]methylamino]ethyl acrylate 27619-90-5 1-Decanesulfonyl chloride, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluoro- 27619-91-6 1-Dodecanesulfonyl chloride, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12-heneicosafluoro- 27905-45-9 1,1,2,2-Tetrahydroperfluorodecyl acrylate 29081-56-9 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-, ammonium salt 29117-08-6 Poly(oxy-1,2-ethanediyl), á-[2- [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-ù-hydroxy- 29457-72-5 Lithium (perfluorooctane)sulfonate 30046-31-2 Tetradecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12- pentacosafluoro-14-iodo- 31506-32-8 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-N-methyl- 34362-49-7 1,1,2,2-Tetrahydroperfluorohexadecyl acrylate 34395-24-9 1,1,2,2-Tetrahydroperfluorotetradecyl acrylate 37338-48-0 Poly[oxy(methyl-1,2-ethanediyl)], á-[2- [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-ù-hydroxy- 38006-74-5 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N- trimethyl-, chloride

12/25/20 301 CMR - 246.6 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

41.03: continued

CAS # Chemical Name 39239-77-5 1-Tetradecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14- pentacosafluoro- 52166-82-2 1-Propanaminium, N,N,N-trimethyl-3- [[(tridecafluorohexyl)sulfonyl]amino]-, chloride 55910-10-6 Glycine, N-[(heptadecafluorooctyl)sulfonyl]-N-propyl-, potassium salt 56372-23-7 Poly(oxy-1,2-ethanediyl), á-[2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl]-ù-hydroxy- 56773-42-3 Ethanaminium, N,N,N-triethyl-, salt with 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1-octanesulfonic acid (1:1) 59071-10-2 2-Propenoic acid, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester 60270-55-5 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, potassium salt 60699-51-6 1-Hexadecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,15,15,16,16, 16-nonacosafluoro- 61660-12-6 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-N-[3-(trimethoxysilyl)propyl]- 61798-68-3 Pyridinium, 1-(3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluorodecyl)-, salt with 4-methylbenzenesulfonic acid (1:1) 62037-80-3 Hexafluoropropylene oxide dimer acid ammonium salt 65104-65-6 1-Eicosanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,15,15,16,16, 17,17,18,18,19,19,20,20,20-heptatriacontafluoro- 65104-67-8 1-Octadecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,15,15,16,16, 17,17,18,18,18-tritriacontafluoro- 65510-55-6 Hexadecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14- nonacosafluoro-16-iodo- 65530-59-8 Poly(difluoromethylene), á-fluoro-ù-(2-hydroxyethyl)-, 2-hydroxy- 1,2,3-propanetricarboxylate (3:1) 65530-61-2 Poly(difluoromethylene), á-fluoro-ù-[2-(phosphonooxy)ethyl]- 65530-62-3 Poly(difluoromethylene), á,á'-[phosphinicobis(oxy-2,1- ethanediyl)]bis[ù-fluoro- 65530-63-4 Ethanol, 2,2'-iminobis-, compd. with á-fluoro-ù-[2- (phosphonooxy)ethyl]poly(difluoromethylene) (2:1) 65530-64-5 Ethanol, 2,2'-iminobis-, compd. with á,á'-[phosphinicobis(oxy-2,1- ethanediyl)]bis[ù-fluoropoly(difluoromethylene)] (1:1) 65530-65-6 Poly(difluoromethylene), á-fluoro-ù-[2-[(1-oxooctadecyl)oxy]ethyl]- 65530-66-7 Poly(difluoromethylene), á-fluoro-ù-[2-[(2-methyl-1-oxo-2- propenyl)oxy]ethyl]- 65530-69-0 Poly(difluoromethylene), á-[2-[(2-carboxyethyl)thio]ethyl]-ù-fluoro-, lithium salt 65530-70-3 Poly(difluoromethylene), á,á'-[phosphinicobis(oxy-2,1- ethanediyl)]bis[ù-fluoro-, ammonium salt 65530-71-4 Poly(difluoromethylene), á-fluoro-ù-[2-(phosphonooxy)ethyl]-, monoammonium salt 65530-72-5 Poly(difluoromethylene), á-fluoro-ù-[2-(phosphonooxy)ethyl]-, diammonium salt 65530-74-7 Ethanol, 2,2'-iminobis-, compd. with á-fluoro-ù-[2- (phosphonooxy)ethyl]poly(difluoromethylene) (1:1) 65530-83-8 Poly(difluoromethylene), á-[2-[(2-carboxyethyl)thio]ethyl]-ù-fluoro-

12/25/20 301 CMR - 246.7 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

41.03: continued

CAS # Chemical Name 65545-80-4 Poly(oxy-1,2-ethanediyl), á-hydro-ù-hydroxy-, ether with á-fluoro-ù- (2-hydroxyethyl)poly(difluoromethylene) (1:1) 65605-56-3 Poly(difluoromethylene), á-fluoro-ù-(2-hydroxyethyl)-, dihydrogen 2- hydroxy-1,2,3-propanetricarboxylate 65605-57-4 Poly(difluoromethylene), á-fluoro-ù-(2-hydroxyethyl)-, hydrogen 2- hydroxy-1,2,3-propanetricarboxylate 65605-58-5 2-Propenoic acid, esters, 2-methyl-, dodecyl ester, polymer with á- fluoro-ù-[2-[(2-methyl-1-oxo-2-propen-1- yl)oxy]ethyl]poly(difluoromethylene) 65605-59-6 2-Propenoic acid, 2-methyl-, dodecyl ester, polymer with á-fluoro-ù- [2-[(2-methyl-1-oxo-2-propen-1-yl)oxy]ethyl]poly(difluoromethylene) and N-(hydroxymethyl)-2-propenamide 65605-73-4 Poly(difluoromethylene), á-fluoro-ù-[2-[(1-oxo-2- propenyl)oxy]ethyl]-, homopolymer 65636-35-3 Ethanaminium, N,N-diethyl-N-methyl-2-[(2-methyl-1-oxo-2- propenyl)oxy]-, methyl sulfate, polymer with 2-ethylhexyl 2-methyl-2- propenoate, á-fluoro-ù-[2-[(2-methyl-1-oxo-2- propenyl)oxy]ethyl]poly(difluoromethylene), 2-hydroxyethyl 2- methyl-2-propenoate and N-(hydroxymethyl)-2-propenamide 67584-42-3 Cyclohexanesulfonic acid, decafluoro(pentafluoroethyl)-, potassium salt 67584-52-5 Glycine, N-ethyl-N-[(undecafluoropentyl)sulfonyl]-, potassium salt 67584-53-6 Glycine, N-ethyl-N-[(tridecafluorohexyl)sulfonyl]-, potassium salt 67584-56-9 2-Propenoic acid, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester 67584-57-0 2-Propenoic acid, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester 67584-58-1 1-Propanaminium, N,N,N-trimethyl-3- [[(pentadecafluoroheptyl)sulfonyl]amino]-, iodide 67584-62-7 Glycine, N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]-, potassium salt 67905-19-5 Perfluoropalmitic acid 67906-42-7 1-Decanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heneicosafluoro-, ammonium salt 67969-69-1 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-N-[2-(phosphonooxy)ethyl]-, diammonium salt 68084-62-8 2-Propenoic acid, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester 68140-18-1 Thiols, C4-10, ã-ù-perfluoro 68140-20-5 Thiols, C6-12, ã-ù-perfluoro 68140-21-6 Thiols, C10-20, ã-ù-perfluoro 68141-02-6 Chromium(III) perfluorooctanoate 68156-01-4 Cyclohexanesulfonic acid, nonafluorobis(trifluoromethyl)-, potassium salt 68156-07-0 Cyclohexanesulfonic acid, decafluoro(trifluoromethyl)-, potassium salt 68187-25-7 Butanoic acid, 4-[[3-(dimethylamino)propyl]amino]-4-oxo-, 2(or 3)- [(ã-ù-perfluoro-C6-20-alkyl)thio] derivs. 68187-47-3 1-Propanesulfonic acid, 2-methyl-, 2-[[1-oxo-3-[(ã-ù-perfluoro-C4- 16-alkyl)thio]propyl]amino] derivs., sodium salts

12/25/20 301 CMR - 246.8 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

41.03: continued

CAS # Chemical Name 68188-12-5 Alkyl iodides, C4-20, ã-ù-perfluoro 68227-96-3 2-Propenoic acid, butyl ester, telomer with 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, á-(2- methyl-1-oxo-2-propenyl)-ù-hydroxypoly(oxy-1,4- butanediyl), á-(2- methyl-1-oxo-2-propenyl)-ù-[(2-methyl-1-oxo-2- propenyl)oxy]poly(oxy-1,4-butanediyl), 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2- propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 1-octanethiol 68239-43-0 2-Propenoic acid, 2-methyl-, 2-ethylhexyl ester, polymer with á- fluoro-ù-[2-[(2-methyl-1-oxo-2-propen-1- yl)oxy]ethyl]poly(difluoromethylene), 2-hydroxyethyl 2-methyl-2- propenoate and N-(hydroxymethyl)-2-propenamide 68259-07-4 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, ammonium salt 68259-08-5 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, ammonium salt 68259-09-6 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, ammonium salt 68259-38-1 Poly[oxy(methyl-1,2-ethanediyl)], á-[2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl]-ù-hydroxy- 68259-39-2 Poly[oxy(methyl-1,2-ethanediyl)], á-[2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl]-ù-hydroxy- 68298-62-4 2-Propenoic acid, 2- [butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2-[butyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, methyloxirane polymer with oxirane di-2-propenoate, methyloxirane polymer with oxirane mono-2-propenoate and 1-octanethiol 68298-80-6 Poly(oxy-1,2-ethanediyl), á-[2- [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl]-ù-hydroxy- 68298-81-7 Poly(oxy-1,2-ethanediyl), á-[2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl]-ù-hydroxy- 68310-17-8 Poly[oxy(methyl-1,2-ethanediyl)], á-[2- [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl]-ù-hydroxy- 68391-08-2 Alcohols, C8-14, ã-ù-perfluoro 68412-68-0 Phosphonic acid, perfluoro-C6-12-alkyl derivs. 68412-69-1 Phosphinic acid, bis(perfluoro-C6-12-alkyl) derivs. 68515-62-8 1,4-Benzenedicarboxylic acid, dimethyl ester, reaction products with bis(2-hydroxyethyl)terephthalate, ethylene glycol, á-fluoro-ù-(2- hydroxyethyl)poly(difluoromethylene), hexakis(methoxymethyl)melamine and polyethylene glycol 68555-74-8 1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2- hydroxyethyl)-N-methyl- 68555-75-9 1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2- hydroxyethyl)-N-methyl- 68555-76-0 1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- N-(2-hydroxyethyl)-N-methyl- 68555-81-7 1-Propanaminium, N,N,N-trimethyl-3- [[(pentadecafluoroheptyl)sulfonyl]amino]-, chloride 68555-91-9 2-Propenoic acid, 2-methyl-, 2- [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2- [ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2- propenoate, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2- methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2- propenoate, 2-[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2- methyl-2-propenoate and octadecyl 2-methyl-2-propenoate

12/25/20 301 CMR - 246.9 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

41.03: continued

CAS # Chemical Name 68758-57-6 1-Tetradecanesulfonyl chloride, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14- pentacosafluoro- 68867-60-7 2-Propenoic acid, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2- propenoate, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and á-(1-oxo-2-propenyl)-ù-methoxypoly(oxy-1,2-ethanediyl) 68957-55-1 1-Propanaminium, N,N,N-trimethyl-3- [[(undecafluoropentyl)sulfonyl]amino]-, chloride 68957-57-3 1-Propanaminium, N,N,N-trimethyl-3- [[(undecafluoropentyl)sulfonyl]amino]-, iodide 68957-58-4 1-Propanaminium, N,N,N-trimethyl-3- [[(tridecafluorohexyl)sulfonyl]amino]-, iodide 68957-62-0 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7- pentadecafluoro- 68958-60-1 Poly(oxy-1,2-ethanediyl), á-[2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl]-ù-methoxy- 68958-61-2 Poly(oxy-1,2-ethanediyl), á-[2- [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-ù-methoxy- 70225-14-8 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-, compd. with 2,2'-iminobis[ethanol] (1:1) 70225-15-9 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, compd. with 2,2'-iminobis[ethanol] (1:1) 70225-16-0 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, compd. with 2,2'-iminobis[ethanol] (1:1) 70225-17-1 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, compd. with 2,2'-iminobis[ethanol] (1:1) 70969-47-0 Thiols, C8-20, ã-ù-perfluoro, telomers with acrylamide 70983-59-4 Poly(oxy-1,2-ethanediyl), á-methyl-ù-hydroxy-, 2-hydroxy-3-[(ã-ù- perfluoro-C6-20-alkyl)thio]propyl ethers 70983-60-7 1-Propanaminium, 2-hydroxy-N,N,N-trimethyl-, 3-[(ã-ù-perfluoro- C6-20-alkyl)thio] derivs., chlorides 71608-60-1 Pentanoic acid, 4,4-bis[(ã-ù-perfluoro-C8-20-alkyl)thio] derivs. 72623-77-9 Fatty acids, C6-18, perfluoro, ammonium salts 72968-38-8 Fatty acids, C7-13, perfluoro, ammonium salts 74499-44-8 Phosphoric acid, ã-ù-perfluoro-C8-16-alkyl esters, compds. with diethanolamine 78560-44-8 Silane, trichloro(3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluorodecyl)- 80010-37-3 Poly(difluoromethylene), á-fluoro-ù-[2-sulphoethyl)- 83048-65-1 Silane, (3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluorodecyl)trimethoxy- 95144-12-0 Poly(difluoromethylene), á-fluoro-ù-[2-(phosphonooxy)ethyl]-, ammonium salt 97553-95-2 Thiocyanic acid, ã-ù-perfluoro-C4-20-alkyl esters 97659-47-7 Alkenes, C8-14 á-, ä-ù-perfluoro 118400-71-8 Disulfides, bis(ã-ù-perfluoro-C6-20-alkyl) 123171-68-6 Poly(difluoromethylene), á-[2-(acetyloxy)-3- [(carboxymethyl)dimethylammonio]propyl]-ù-fluoro-, inner salt 125476-71-3 Silicic acid (H4SiO4), disodium salt, reaction products with chlorotrimethylsilane and 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluoro-1-decanol 135228-60-3 Hexane, 1,6-diisocyanato-, homopolymer, ã-ù-perfluoro-C6-20-alc.- blocked

12/25/20 301 CMR - 246.10 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

41.03: continued

CAS # Chemical Name 142636-88-2 2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12- heneicosafluorododecyl 2-propenoate, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluorodecyl 2- propenoate and 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14- pentacosafluorotetradecyl 2-propenoate 143372-54-7 Siloxanes and Silicones, (3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluorodecyl)oxy Me, hydroxy Me, Me octyl, ethers with polyethylene glycol mono-Me ether 148240-85-1 1,3-Propanediol, 2,2-bis[[(ã-ù-perfluoro-C4-10-alkyl)thio]methyl] derivs., phosphates, ammonium salts 148240-87-3 1,3-Propanediol, 2,2-bis[[(ã-ù-perfluoro-C6-12-alkyl)thio]methyl] derivs., phosphates, ammonium salts 148240-89-5 1,3-Propanediol, 2,2-bis[[(ã-ù-perfluoro-C10-20-alkyl)thio]methyl] derivs., phosphates, ammonium salts 150135-57-2 2-Propenoic acid, 2-methyl-, 2-(dimethylamino)ethyl ester, polymers with Bu acrylate, ã-ù-perfluoro-C8-14-alkyl acrylate and polyethylene glycol monomethacrylate, 2,2'-azobis[2,4-dimethylpentanenitrile]- initiated 178094-69-4 1-Octanesulfonamide, N-[3-(dimethyloxidoamino)propyl]- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, potassium salt 178535-23-4 Fatty acids, linseed-oil, ã-ù-perfluoro-C8-14-alkyl esters 180582-79-0 Sulfonic acids, C6-12-alkane, ã-ù-perfluoro, ammonium salts 182176-52-9 Ethaneperoxoic acid, reaction products with 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluorodecyl thiocyanate and 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl thiocyanate 196316-34-4 2-Propenoic acid, 2-methyl-, 2-(dimethylamino)ethyl ester, polymers with ã-ù-perfluoro-C10-16-alkyl acrylate and vinyl acetate, acetates 200513-42-4 2-Propenoic acid, 2-methyl-, polymer with butyl 2-methyl-2- propenoate, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluorodecyl 2-propenoate, 2-hydroxyethyl 2-methyl-2-propenoate and methyl 2- methyl-2-propenoate 238420-68-3 Propanedioic acid, mono(ã-ù-perfluoro-C8-12-alkyl) derivs., di-me esters 238420-80-9 Propanedioic acid, mono(ã-ù-perfluoro-C8-12-alkyl) derivs., bis[4- (ethenyloxy)butyl] esters 1078142-10-5 1,3-Propanediol, 2,2-bis[[(ã-ù-perfluoro-C6-12-alkyl)thio]methyl] derivs., polymers with 2,2-bis[[(ã-ù-perfluoro-C10-20- alkyl)thio]methyl]-1,3-propanediol, 1,6-diisocyanato-2,2,4(or 2,4,4)- trimethylhexane, 2-heptyl-3,4-bis(9-isocyanatononyl)-1- pentylcyclohexane and 2,2'-(methylimino)bis[ethanol] 1078712-88-5 Thiols, C4-20, ã-ù-perfluoro, telomers with acrylamide and acrylic acid, sodium salts 1078715-61-3 1-Propanaminium, 3-amino-N-(carboxymethyl)-N,N-dimethyl-, N-[2- [(ã-ù-perfluoro-C4-20-alkyl)thio]acetyl] derivs., inner salts

41.04: Amendment of the Toxic or Hazardous Substance List

(1) The council may amend the toxic or hazardous substance list by adding or deleting substances. The council shall add no more than ten substances in any year. The council shall delete no more than ten substances in any year. Any addition or deletion of a substance shall take effect the calendar year immediately following the year in which the addition or deletion is codified in 301 CMR 41.00.

12/25/20 301 CMR - 246.11 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

41.04: continued

(2) The council shall adjust the toxic or hazardous substance list each year to add or delete substances consistent with changes in the toxic chemical list established pursuant to EPCRA § 313 and with changes in the lists of chemicals established pursuant to CERCLA §§ 101(14) and 102. The council shall make additions and deletions under 301 CMR 41.04(2) in addition to any actions it takes under 301 CMR 41.04(1).

(3) In adding or deleting substances under 301 CMR 41.04(1), the council shall consider recommendations from the Toxics Use Reduction Institute and the Science Advisory Board.

41.05: Designation of Higher Hazard and Lower Hazard Substances

(1) The council shall designate substances as higher hazard substances, lower hazard substances, or may leave substances as otherwise uncategorized substances. The council shall designate no more than ten higher hazard substances and no more than ten lower hazard substances in any year. Any designation of a substance as a higher hazard or a lower hazard substance shall not take effect until the calendar year immediately following the year in which the designation is codified in 301 CMR 41.00.

(2) In designating substances as higher hazard or lower hazard substances under 301 CMR 41.05(1), the council shall consult with the Toxics Use Reduction Institute and the Science Advisory Board.

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 # Chemical Name 79-01-6 Trichloroethylene 7440-43-9 Cadmium Cadmium Compounds

(3) For calendar year reporting period 2009 and thereafter, the following substance shall be designated as a higher hazard substance:

CAS # Chemical Name 127-18-4 Perchlorethylene

(4) For calendar year reporting period 2012 and thereafter, the following substances shall be designated as higher hazard substances:

CAS # Chemical Name 50-00-0 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 # Chemical Name 75-09-2 Methylene chloride

12/25/20 301 CMR - 246.12 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

41.04: continued

(6) For calendar year reporting period 2016 and thereafter, the following substances shall be designated as higher hazard substances:

CAS # Chemical Name 106-94-5 1-Bromopropane 68-12-2 Dimethylformamide 7664-39-3 Hydrogen fluoride Cyanide compounds

(7) For calendar year reporting period 2017 and thereafter, the following substances shall be designated as higher hazard substances:

CAS # Chemical Name 584-84-9 2,4 - Toluene diisocyanate 91-08-7 2,6 - Toluene diisocyanate 26471-62-5 Toluene diisocyanate - mixed isomers

41.07: Lower Hazard Substances

(1) For calendar year reporting period 2009 and thereafter, the following substances shall be designated as lower hazard substances:

CAS # Chemical Name 78-83-1 Isobutyl alcohol

78-92-2 Sec-butyl alcohol 71-36-3 N-butyl alcohol

(2) For calendar year reporting period 2010 and thereafter, the following substances shall be designated as lower hazard substances:

CAS # Chemical Name 123-86-4 Butyl acetate 110-19-0 Isobutyl acetate 7705-08-0 Ferric chloride 10028-22-5 Ferric sulfate 7758-94-3 Ferrous chloride 7720-78-7 Ferrous sulfate 7782-63-0 Ferrous sulfate

REGULATORY AUTHORITY

301 CMR 41.00: M.G.L. c. 21I, §§ 4 and 9.

12/25/20 301 CMR - 246.13 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. 301 CMR: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

NON-TEXT PAGE

12/25/20 301 CMR - 246.14 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. Docket # 661

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 310 CMR 7.00

CHAPTER TITLE: Air Pollution Control

AGENCY: Department of Environmental Protection

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. Re-promulgates the requirements of 310 CMR 7.74 starting on January 1, 2021, without modification, to ensure large power plants purchase carbon dioxide (CO2) allowances at auctions to comply with an annually declining limit on CO2 emissions each year until 2050.

REGULATORY AUTHORITY: M.G.L. c. 21A, §§ 2, 8, and 16 M.G.L. c. 21N, §§ 2(a)(5), 3(b)-(d), 4, and 7 and M.G.L. c. 111, §§ 2C and 142A – 142E AGENCY CONTACT: Will Space PHONE: 617-292-5610

ADDRESS: 1 Winter Street, Boston, MA, 02108

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency.

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. Notice on 9/18/2020 to Dept. of Public Health, Exec. Office of Energy and Env. Affairs, Dept. of Public Utilities, MEPA, MA Historical Commission, MA Municipal Association, Dept. of Housing and Community Development, Exec. Office of Housing and Economic Development

Date of public hearing or comment period: Hearing on 10/13/20; comments until 10/23/20

For the first five years: none

No fiscal effect:

Date amended small business impact statement was filed: 12/8/20

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: climate change, global warming solutions act

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 11 2020

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1433 DATE: 12/25/2020

EFFECTIVE DATE: 12/25/2020

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 3, 4 3, 4

250.102.76.19 & 250.102.76.19 & 250.102.76.20 250.102.76.20 12/11/2020 mrs

Table of Contents Page

310 CMR 6.00: AMBIENT AIR QUALITY STANDARDS FOR THE COMMONWEALTH OF MASSACHUSETTS 163

Section 6.01: Definitions 163 Section 6.02: Scope 163 Section 6.03: Reference Conditions 163 Section 6.04: Standards 163

310 CMR 7.00: AIR POLLUTION CONTROL 165

Section 7.00: Statutory Authority; Legend; Preamble; Definitions 165 Section 7.01: General Regulations to Prevent Air Pollution 201 Section 7.02: U Plan Approval and Emission Limitations 201 Section 7.03: U Plan Appproval Exemption: Construction Requirements 221 Section 7.04: U Fossil Fuel Utilization Facilities 228.1 Section 7.05: U Fuels All Districts 230 Section 7.06: U Visible Emissions 234 Section 7.07: U Open Burning 235 Section 7.08: U Incinerators 238 Section 7.09: U Dust, Odor, Construction and Demolition 243 Section 7.10: U Noise 244 Section 7.11: U Transportation Media 244 Section 7.12: U Source Registration 245 Section 7.13: U Stack Testing 246.1 Section 7.14: U Monitoring Devices and Reports 247 Section 7.15: U Asbestos 247 Section 7.16: U Reduction of Single Occupant Commuter Vehicle Use 250 Section 7.18: U Volatile and Halogenated Organic Compounds 250.4 Section 7.19: U Reasonably Available Control Technology (RACT) for Sources of

Oxides of Nitrogen (NOx) 250.39 Section 7.24: U Organic Material Storage and Distribution 250.61 Section 7.25: U Best Available Controls for Consumer and Commerical Products 250.71 Section 7.26: Industry Performance Standards 250.72.11 Section 7.29: Emissions Standards for Power Plants 250.72.56 Section 7.30: MB Massport/Logan Airport Parking Freeze 250.72.68 Section 7.31: MB City of Boston/East Boston Parking Freeze 250.74 Section 7.33: MB City of Boston/South Boston Parking Freeze 250.78.48

Section 7.34: Massachusetts NOx Ozone Season Program (MassNOx) 250.82 Section 7.36: U Transit System Improvements 250.82.5 Section 7.37: MB High Occupancy Vehicle Lanes 250.85 Section 7.38: Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District 250.89 Section 7.40: U Low Emission Vehicle Program 250.94 Section 7.51: U Hearings Relative to Orders and Approval 250.102.10.7 Section 7.52: U Enforcement Provisions 250.102.10.7 Section 7.54: U Large Combustion Emission Units 250.102.10.10 Section 7.60: U Severability 250.102.14

Section 7.70: Massachusetts CO2 Budget Trading Program 250.102.14 Section 7.71: Reporting of Greenhouse Gas Emissions 250.102.75 Section 7.72: Reducing Sulfur Hexafluoride Emissions from Gas-insulated Switchgear 250.102.76.10

9/21/18 310 CMR - 3 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

Table of Contents Page

310 CMR 7.00: AIR POLLUTION CONTROL (continued)

Section 7.73: Reducing Methane Emissions from Natural Gas Distribution Mains and Services 250.102.76.15

Section 7.74: Reducing CO2 Emissions from Electricity Generating Facilities 250.102.76.20 Section 7.75: Clean Energy Standard 250.102.76.31 Section 7.76: Prohibitions on Use of Certain Hydrofluorocarbons in Refrigeration, Chillers, Aerosol Propellants, and Foam End-uses 250.102.76.46 Section 7.00: Appendix A 250.103 Section 7.00: Appendix B 250.117 Section 7.00: Appendix C 250.129

310 CMR 8.00: PREVENTION AND/OR ABATEMENT OF AIR POLLUTION INCIDENT EMERGENCIES 251

Section 8.01: Introduction 251 Section 8.02: Definitions 252 Section 8.03: Air Pollution Episode Criteria 253 Section 8.04: Air Pollution Episode Potential Advisories 255 Section 8.05: Declaration of Air Pollution Episodes and Incidents 255 Section 8.06: Termination of Air Pollution Episodes and Incident Emergencies 257 Section 8.07: Emission Reductions Strategies 257 Section 8.08: Emission Reduction Plans 258 Section 8.15: Air Pollution Incident Emergency 258 Section 8.21: Hearings 259 Section 8.22: Enforcement Provisions 259 Section 8.30: Severability 259 Section 8.31: Relief 259

310 CMR 9.00: WATERWAYS 261

Section 9.01: Authority and Purpose 261 Section 9.02: Definitions 262 Section 9.03: Scope of Jurisdiction 271 Section 9.04: Geographic Areas Subject to Jurisdiction 272 Section 9.05: Activities Subject to Jurisdiction 272 Section 9.06: Requests for Determination of Applicability 274 Section 9.07: Activities Subject to Annual Permit 275 Section 9.08: Enforcement 278 Section 9.09: Effective Date and Severability 279 Section 9.10: Simplified Procedures for Small Structures Accessory to Residences 279 Section 9.11: Application Requirements 283 Section 9.12: Determination of Water-dependency 287 Section 9.13: Public Notice and Participation Requirements 289 Section 9.14: Decision on License and Permit Applications 292 Section 9.15: Terms 293 Section 9.16: Fees 294 Section 9.17: Appeals 299 Section 9.18: Recording 300 Section 9.19: Certificate of Compliance 300 Section 9.20: Authorization of Emergency Actions 300 Section 9.21: Variances 301 Section 9.22: Maintenance, Repair, and Minor Project Modifications 302 Section 9.23: Transfer of License Upon Change of Ownership 303 Section 9.24: Amendments 303 Section 9.25: Expiration and Renewal 304 Section 9.26: Revocation and Nullification 304 Section 9.27: Removal of Previously Licensed Structures 305 Section 9.28: Amnesty 305 Section 9.29: General License Certification 306 Section 9.30: Permitting of Test Projects 310 Section 9.31: Summary of License and Permit Requirements 311 Section 9.32: Categorical Restrictions on Fill and Structures 312

12/25/20 310 CMR - 4 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.73: continued

Table 9 - Methane Emission Factors by Material Type (continued) Metric tons of carbon dioxide equivalent/ Services service-year Steel, cathodically unprotected and uncoated Steel, cathodically unprotected and coated Cast or wrought iron 0.129589 Ductile iron Other Steel, cathodically protected and uncoated 0.055982 Steel, cathodically protected and coated Plastic 0.005136 Copper 0.121920

(6) Monitoring, Q/A, and Recordkeeping Requirements. All gas operators shall retain for five years documentation sufficient to demonstrate compliance with 310 CMR 7.73 and shall provide such documentation to the Department on request. The documentation shall be submitted in the format and within the time limit requested by the Department.

(7) Compliance Verification. The Department may verify compliance with 310 CMR 7.73 by conducting inspections, requesting information and records and requiring the collection of information not previously required; provided that 310 CMR 7.73(7) does not limit the authority of the Department as otherwise provided by law or in an authorization, determination, modification, permit, or other approval, or by the terms of any order or other enforcement document. (a) Access to Information. Where necessary to ascertain compliance with 310 CMR 7.73

including actual or potential CH4 emissions, the Department may request of a gas operator information or records. The gas operator shall, within a reasonable time, furnish the requested information or records and shall permit Department personnel or authorized representatives to have access to and to take images of such records. (b) Requirement to Collect Information. When the Department has reason to believe that

a gas operator has exceeded its CH4 emissions limit or violated any other condition in 310 CMR 7.73, the Department may require the gas operator to submit the necessary information or records to determine compliance. In doing so, the Department may require a gas operator to:

1. Perform audits on CH4 emissions records using standard procedures and methods; 2. Quantify CH4 emissions in accordance with the procedures and methods as the Department may prescribe; 3. Make periodic reports to the Department, as necessary, to assure continuous compliance with 310 CMR 7.73; and 4. Maintain other records and provide any other information as the Department might reasonably require.

(8) Enforcement.

(a) If a gas operator exceeds the Maximum Annual CH4 Emission limits set forth in the applicable table provided in 310 CMR 7.73(4)(a), any such excess emissions shall be deemed to be a release of air pollutants into the environment without the authorization or approval of the Department, and shall be presumed to constitute a significant impact to public health, welfare, safety, and the environment. (b) The Department shall enforce the requirements of 310 CMR 7.73 in accordance with applicable federal and Massachusetts law, including but not limited to M.G.L. c. 21A, § 16, 310 CMR 5.00: Administrative Penalty, M.G.L. c. 111, § 2C, §§ 142 A through 142M; and M.G.L. c. 21N, § 7(d).

10/20/17 (Effective 8/11/17) - corrected 310 CMR - 250.102.76.19 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.73: continued

(9) Program Review. Not later than December 31, 2020, the Department shall complete a review, including an opportunity for public comment on the program review, of the requirements of 310 CMR 7.73 to determine whether the program should be amended or extended. This review shall evaluate whether to require the use of feasible technologies to detect and quantify gas leaks and any other information relevant to review of the program.

7.74: Reducing CO2 Emissions from Electricity Generating Facilities

(1) Purpose, Authority and Scope. The purpose of 310 CMR 7.74, promulgated in conjunction with 310 CMR 7.75, is to assist the Commonwealth in achieving the greenhouse gas emissions reduction goals adopted pursuant to M.G.L. c. 21N, § 3(b), by establishing declining annual

aggregate CO2 emissions limits that will reduce CO2 emissions from electricity generating facilities. To achieve those goals, the Executive Office of Energy and Environmental Affairs (EEA) and the Department pursuant to M.G.L. c. 21A, §§ 2 and 8 and M.G.L. c. 21N, §§ 3(c), 4 and 7 hereby jointly promulgate 310 CMR 7.74, following consultation with the Department of Energy Resources and based on the considerations specified in M.G.L. c. 21N, § 3(c). 310 CMR 7.74 is also promulgated pursuant to M.G.L. c. 21A, § 16, M.G.L. c. 21N, § 3(d) and M.G.L. c. 111, §§ 2C and 142A through 142E. In exercising their broad authority and discretion under M.G.L. c. 21N, §§ 3(c) and 3(d), EEA and MassDEP have determined that additional emissions limits on in-state electricity generating facilities' greenhouse gas emissions, along with other climate policies and programs, will ensure achievement of the greenhouse gas emissions limits as established under M.G.L. c. 21N, and that the 310 CMR 7.74 limits are consistent with, and take account of, regional programs such as the Regional Greenhouse Gas Initiative (RGGI)

and the Renewable Portfolio Standard (RPS). The CO2 emissions limits set forth in 310 CMR 7.74(5) are applicable for the years 2021 through 2050 beginning January 1, 2021.

(2) Definitions. The terms used in 310 CMR 7.74 are defined in 310 CMR 7.74(2) and 310 CMR 7.00: Definitions. Where a term is defined in 310 CMR 7.00: Definitions and 310 CMR 7.74, the definition in 310 CMR 7.74 shall apply.

Allowance means a limited authorization to emit one metric ton of CO2 in compliance with 310 CMR 7.74.

Allowance Registry means the database that tracks allowances held by electricity generating facilities and used for compliance. The Department shall establish an account in the allowance registry for each electricity generating facility.

Annual CO2 Emissions means the total amount of CO2 emissions measurements recorded and reported for a calendar year in accordance with the Massachusetts CO2 Budget Trading Program at 310 CMR 7.70(8)(e)4., converted from short tons to metric tons and adjusted, as applicable,

for the production of useful net thermal energy pursuant to the Massachusetts CO2 Budget Trading Program at 310 CMR 7.70(8)(i).

Bidder means a party qualified, pursuant to 310 CMR 7.74(6)(h)4.a., to participate in an auction.

Calendar Year or Year means January 1st through December 31st.

Deduct or Deduction means the permanent removal of allowances from an account in the allowance registry.

Designated Representative means the person who is authorized by the owner and operator of an electricity generating facility to represent and legally bind the owner and operator in matters pertaining to 310 CMR 7.74.

Electricity Generating Facility means a facility that includes one or more electricity generating

units for which the owner or operator is required to report CO2 emissions pursuant to the Massachusetts CO2 Budget Trading Program at 310 CMR 7.70(8); provided, however, that the following facilities are not electricity generating facilities for purposes of 310 CMR 7.74: MWRA Deer Island and MBTA South Boston Power.

Emergency means a period during when the regional transmission organization has issued an alert that an abnormal condition affecting the reliability of the power system exists or is anticipated in Massachusetts.

12/25/20 310 CMR - 250.102.76.20 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. Docket # 662

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 310 CMR 7.00

CHAPTER TITLE: Air Pollution Control

AGENCY: Department of Environmental Protection

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. Regulations prohibit the use of certain hydrofluorocarbons (HFCs) in refrigeration equipment, air conditioning chillers, aerosol propellants, and foams that are manufactured or used in Massachusetts.

REGULATORY AUTHORITY: M.G.L. c. 21N, §§ 1 and 2, M.G.L. c. 111, §§ 142A through E

AGENCY CONTACT: Emily Lamb PHONE: 617-654-6601

ADDRESS: 1 Winter Street, 6th Floor, Boston, MA 02108

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency.

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. Notice to Dept. of Public Health, Dept. of Public Utilities, Energy Facilities Siting Board, Exec. Office of Energy and Environmental Affairs, MEPA, MA Historical Commission, Exec. Office of Housing and Economic Development, MA Municipal Association, and Dept. of Housing and Community on 9/30/2020

Date of public hearing or comment period: Hearing on 10/23/2020; comments until 11/3/2020

For the first five years: $1.5 million

No fiscal effect:

Date amended small business impact statement was filed: 12/10/2020

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: climate change, Global Warming Solutions Act (GWSA), hydrofluorocarbons (HFCs), greenhouse gases

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: Adopts 310 CMR 7.76: Prohibitions on Use of Certain Hydrofluorocarbons in Refrigeration, Chillers, Aerosol Propellants, and Foam End-Uses

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 11 2020

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1433 DATE: 12/25/2020

EFFECTIVE DATE: 12/25/2020

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 165 & 166 165 & 166

250.102.76.45 & 250.102.76.45 - 250.102.76.56 250.102.76.46 12/11/2020 mrs

310 CMR 7.00: AIR POLLUTION CONTROL

Section

7.00: Statutory Authority; Legend; Preamble; Definitions 7.01: General Regulations to Prevent Air Pollution 7.02: U Plan Approval and Emission Limitations 7.03: U Plan Approval Exemption: Construction Requirements 7.04: U Fossil Fuel Utilization Facilities 7.05: U Fuels All Districts 7.06: U Visible Emissions 7.07: U Open Burning 7.08: U Incinerators 7.09: U Dust, Odor, Construction and Demolition 7.10: U Noise 7.11: U Transportation Media 7.12: U Source Registration 7.13: U Stack Testing 7.14: U Monitoring Devices and Reports 7.15: U Asbestos 7.16: U Reduction of Single Occupant Commuter Vehicle Use 7.18: U Volatile and Halogenated Organic Compounds

7.19: U Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOx) 7.24: U Organic Material Storage and Distribution 7.25: U Best Available Controls for Consumer and Commercial Products 7.26: Industry Performance Standards 7.29: Emissions Standards for Power Plants 7.30: MB Massport/Logan Airport Parking Freeze 7.31: MB City of Boston/East Boston Parking Freeze 7.33: MB City of Boston/South Boston Parking Freeze

7.34: Massachusetts NOx Ozone Season Program (MassNOx) 7.36: U Transit System Improvements 7.37: MB High Occupancy Vehicle Lanes 7.38: Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District 7.40: U Low Emission Vehicle Program 7.51: U Hearings Relative to Orders and Approvals 7.52: U Enforcement Provisions 7.54: U Large Combustion Emission Units 7.60: U Severability

7.70: Massachusetts CO2 Budget Trading Program 7.71: Reporting of Greenhouse Gas Emissions 7.72: Reducing Sulfur Hexafluoride Emissions from Gas-insulated Switchgear 7.73: Reducing Methane Emissions from Natural Gas Distribution Mains and Services

7.74: Reducing CO2 Emissions from Electricity Generating Facilities 7.75: Clean Energy Standard 7.76: Prohibitions on Use of Certain Hydrofluorocarbons in Refrigeration, Chillers, Aerosol Propellants, and Foam End-uses Appendix A: EMISSION OFFSETS AND NONATTAINMENT REVIEW Appendix B: U EMISSIONS BANKING, TRADING, AND AVERAGING Appendix C: OPERATING PERMIT PROGRAM STATUTORY AUTHORITY All provisions of 310 CMR 7.00 are adopted pursuant to the authority granted by M.G.L. c. 111, §§ 142A through 142J. In addition, 310 CMR 7.08(2) is adopted pursuant to the authority granted by M.G.L. c. 111, § 150A and the following provisions of 310 CMR 7.00 are adopted pursuant to the authority granted by M.G.L. c. 21C, §§ 4 and 6 and by M.G.L. c. 21E, § 6.

12/25/20 310 CMR - 165 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.00: continued

(1) The following definitions in 310 CMR 7.00: (a) COMBUSTION EFFICIENCY (C.E.). (b) FUEL, including the definition of HAZARDOUS WASTE FUEL and USED OIL FUEL. (c) GENERATOR. (d) HAZARDOUS WASTE. (e) HAZARDOUS WASTE INCINERATOR. (f) PRINCIPAL ORGANIC HAZARDOUS CONSTITUENT (POHC). (g) PRODUCTS OF INCOMPLETE COMBUSTION (PICs). (h) RECYCLABLE MATERIAL. (i) REGULATED RECYCLABLE MATERIAL. (j) SPACE HEATER, including the definition of USED OIL FUEL FIRED SPACE HEATER. (k) TOTAL HALOGENS. (l) UNUSED WASTE OIL. (m) USED OIL FUEL. (n) USED WASTE OIL. (o) WASTE.

(2) 310 CMR 7.04(9).

(3) 310 CMR 7.05(7), (8), and (9) and 310 CMR 7.05(8): Table 3.

(4) 310 CMR 7.08(4). LEGEND

The following symbols will indicate, in the attached 310 CMR 7.00: Air Pollution Control, which Air Pollution Control Districts they apply to:

U = Universal, all districts MB = Metropolitan Boston B = Berkshire PV = Pioneer Valley CM = Central Massachusetts SM = Southeastern Massachusetts MV = Merrimack Valley

4/20/18 (Effective 3/9/18) - corrected 310 CMR - 166 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.75: continued

d. The total of all optional non-emitting and emitting MWh reported under 310 CMR 7.75(9)(c)5.b. and c. shall not be greater than the MWh reported in 310 CMR 7.75(9)(c)5.a. 6. Carbon dioxide, methane and nitrous oxide emissions from any emitting electricity generator shall be reported as follows: GHGi = (EFi * MWhi / 2000 pounds per short ton) Where: GHGi = Short tons of greenhouse gases for each emitting fuel type i (in carbon dioxide equivalents) associated with electricity sold in MA in a particular calendar year. EFi = Emission factors supplied by the Department each year for biogenic and non-biogenic greenhouse gas emissions for each emitting fuel type i (pounds carbon dioxide equivalents per MWh). MWhi = as reported for fuel type i pursuant to 310 CMR 7.75(9)(c)4.b. (d) The Department may specify the format and process by which any submission required pursuant to 310 CMR 7.75 shall occur, including electronic submission requirements.

(10) Not later than December 31, 2017, the Department shall complete a review, including an opportunity for public comment, of options for including generators that meet all requirements of 310 CMR 7.75, except for the commercial operation date requirements in 310 CMR 7.75(7)(a)2. and (b)1., in the clean energy standard. This review shall also examine options for including annual standards for MEDs and MLBs in the clean energy standard.

(11) Not later than December 31, 2021, the Department shall complete a review, including an opportunity for public comment on the program review, of the requirements of 310 CMR 7.75 to determine whether the program should be amended. This review shall evaluate projected clean energy credit supply and costs, and any other information relevant to review of the program.

(12) Inspection and Record Retention. (a) Document Inspection. The Department may audit the accuracy of all information submitted pursuant to 310 CMR 7.75. The Department may request and obtain from any owner, operator or authorized agent of a clean generation unit or clean existing generation unit, and from any retail seller, information that the Department determines necessary to monitor compliance with and enforcement of 310 CMR 7.75. (b) Audit and Site Inspection. Upon reasonable notice to a retail seller or to a clean generation unit owner, operator or authorized agent, the Department may conduct audits, which may include inspection and copying of records and/or site visits to a clean energy generation unit or clean existing generation unit, or a retail seller's facilities including, but not limited to, all files and documents that the Department determines are related to compliance with 310 CMR 7.75. (c) Record Retention. All documentation used to comply with any provision of 310 CMR 7.75 shall be retained for five years and provided to the Department electronically or in hard copy as requested by the Department.

(13) Enforcement. (a) If a retail seller that is not an MED or MLB does not comply with the requirements of 310 CMR 7.75(4) and (5), then such retail seller shall be deemed to have caused air pollutant emissions releases to the environment without the approval or authorization of the department. (b) The requirements of 310 CMR 7.75 shall be enforced in accordance with applicable federal and Massachusetts law including, but not limited to, the issuance of an administrative order or civil administrative penalties pursuant to M.G.L. c. 21A, § 16, 310 CMR 5.00: Administrative Penalty, M.G.L. c. 111, §§ 2C, 142A through 142E, and M.G.L. c. 21N, § 7(d).

12/25/20 310 CMR - 250.102.76.45 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: Prohibitions on Use of Certain Hydrofluorocarbons in Refrigeration, Chillers, Aerosol Propellants, and Foam End-uses

(1) Purpose. The purposes of 310 CMR 7.76 are to prevent and control pollution to the atmosphere, as required by M.G.L. c. 111, §§ 142A and 142B, to support Massachusetts in achieving greenhouse gas emissions reductions goals established pursuant to M.G.L. c. 21N and to reduce hydrofluorocarbon emissions by adopting specific prohibitions for certain substances in refrigeration equipment, chillers, aerosol propellants, and foam end-uses.

(2) Definitions. The definitions in 310 CMR 7.76(2) apply to 310 CMR 7.76. Where a term defined in 310 CMR 7.70 also appears in 310 CMR 7.76, the definition in 310 CMR 7.76 is applicable for the purpose of 310 CMR 7.76.

Aerosol Propellant. A compressed gas or vapor in a container which, upon release of pressure and expansion through a valve, carries another substance from the container as a mist or spray.

Air Conditioning Equipment. Chillers, both centrifugal chillers and positive displacement chillers, intended for comfort cooling of occupied spaces.

Capital Cost. An expense incurred in the production of goods or in rendering services including, but not limited to, the cost of engineering, purchase, and installation of components or systems, and instrumentation, and contractor and construction fees.

Centrifugal Chiller. Air conditioning equipment that utilizes a centrifugal compressor in a vapor-compression refrigeration cycle. Under Centrifugal Chiller, a centrifugal chiller is a chiller intended for comfort cooling and does not include chillers used for industrial process cooling and refrigeration.

Cold Storage Warehouse. A cooled facility designed to store meat, produce, dairy products, and other products that are delivered to other locations for sale to consumers.

Component. A part of a refrigeration system, including but not limited to, a condensing unit, compressor, condenser, evaporator, and receiver; and all of its connections and subassemblies, without which the refrigeration system will not properly function or will be subject to failures.

Cumulative Replacement. All additions or changes in multiple components within a three-year period.

Effective Date of Prohibition. The date on which the prohibitions in 310 CMR 7.76(6) take effect.

End-use. Processes or classes of specific applications within industry sectors including, but not limited to, those listed in 310 CMR 7.76(6).

Flexible Polyurethane. A non-rigid polyurethane foam including, but not limited to, that used in furniture, bedding, and chair cushions.

Foam. A product with a cellular structure formed via a foaming process in a variety of materials that undergo hardening via a chemical reaction or phase transition.

Foam Blowing Agent. A substance that functions as a source of gas to generate bubbles or cells in the mixture during the formation of foam.

Household Refrigerators and Freezers. Refrigerators, refrigerator-freezers, freezers, and miscellaneous household refrigeration appliances intended for residential use. For the purposes of 310 CMR 7.76, Household Refrigerators and Freezers does not include Household Refrigerators and Freezers – Compact, or Household Refrigerators and Freezers – Built-in.

Household Refrigerators and Freezers – Compact. Any refrigerator, refrigerator-freezer or freezer intended for residential use with a total refrigerated volume of less than 7.75 cubic feet (220 liters).

12/25/20 310 CMR - 250.102.76.46 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: continued

Household Refrigerators and Freezers – Built-in. Any refrigerator, refrigerator-freezer or freezer intended for residential use with 7.75 cubic feet or greater total volume and 24 inches or less depth not including doors, handles, and custom front panels; with sides which are not finished and not designed to be visible after installation; and that is designed, intended, and marketed exclusively to be: installed totally encased by cabinetry or panels that are attached during installation; securely fastened to adjacent cabinetry, walls or floor; and equipped with an integral factory-finished face or to accept a custom front panel.

Hydrofluorocarbon or HFC. A class of greenhouse gases that are saturated organic compounds containing hydrogen, fluorine, and carbon.

Integral Skin Polyurethane. A self-skinning polyurethane foam including, but not limited to, that used in car steering wheels and dashboards.

Metered Dose Inhaler, or Medical Dose Inhaler, or MDI. A device that delivers a measured amount of medication as a mist that a patient can inhale, typically used for bronchodilation to treat symptoms of asthma, chronic obstructive pulmonary disease (COPD), chronic bronchitis, emphysema, and other respiratory illnesses. An MDI consists of a pressurized canister of medication in a case with a mouthpiece.

New means: (a) products or equipment that are manufactured on or after the effective date of prohibition in 310 CMR 7.76(6): Table 1; (b) products or equipment first assembled and installed for an intended purpose with new or used components on or after the effective date of prohibition in 310 CMR 7.76(6): Table 1; (c) products or equipment to which components have been added to increase system capacity on or after the effective date of prohibition in 310 CMR 7.76(6): Table 1; or (d) products or equipment replaced or cumulatively replaced such that the cumulative capital cost on or after the effective date of prohibition in 310 CMR 7.76(6): Table 1 of replacement exceeds 50% of the capital cost of replacing the whole system.

Person. Any individual, firm, association, organization, manufacturer, distributor, partnership, trust, corporation, limited liability company, company, state, or local governmental agency or public district.

Phenolic Insulation Board and Bunstock. Phenolic insulation including but not limited to that used for roofing and walls. Bunstock is a large solid box-like structure formed during the production of polystyrene insulation.

Polyolefin. Foam sheets and tubes made of polyolefin, a macromolecule formed by the polymerization of olefin monomer units.

Polystyrene Extruded Boardstock and Billet (XPS). A foam formed from polymers of styrene and produced on extruding machines in the form of continuous foam slabs which can be cut and shaped into panels used for roofing, walls, flooring, and pipes.

Polystyrene Extruded Sheet. Polystyrene foam including, but not limited to, that used for packaging and buoyancy or floatation. It is also made into food-service items including, but not limited to, hinged polystyrene containers (for "take-out" from restaurants); food trays (meat and poultry), plates, bowls, and retail egg containers.

Polyurethane. A polymer formed principally by the reaction of an isocyanate and a polyol.

Positive Displacement Chiller. Vapor compression cycle chillers that use positive displacement compressors, typically used for commercial comfort air conditioning. For the purpose of 310 CMR 7.76, Positive Displacement Chiller is a chiller intended for comfort cooling and does not include cooling for industrial process cooling and refrigeration.

12/25/20 310 CMR - 250.102.76.47 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: continued

Refrigerant. Any substance, including blends and mixtures, which is used for heat transfer purposes.

Refrigerated Food Processing and Dispensing Equipment. Retail food refrigeration equipment that is designed to process food and beverages that are intended for immediate or near-immediate consumption including, but not limited to, chilled and frozen beverages, ice cream, and whipped cream. For the purpose of 310 CMR 7.76, Refrigerated Food Processing and Dispensing Equipment does not include water coolers, or units designed solely to cool and dispense water.

Refrigeration Equipment. Any stationary device that is designed to contain and use refrigerant to establish or maintain colder than ambient temperatures in a confined space including, but not limited to, retail or commercial refrigeration equipment, household refrigerators and freezers, and cold storage warehouses.

Remote Condensing Units. Retail refrigeration equipment or units that have a central condensing portion and may consist of compressors, condensers, and receivers assembled into a single unit, which may be located external to the sales area. The condensing portion (and often other parts of the system) is located outside the space or area cooled by the evaporator. For example, Remote Condensing Units are commonly installed in convenience stores, specialty shops (e.g., bakeries, butcher shops), supermarkets, restaurants, and other locations where food or other products are stored, served, or sold.

Residential Use. Use by a private individual of a substance, or a product containing the substance, in or around a permanent or temporary household, including use in both single and multi-unit dwellings, during recreation, or for any personal use or enjoyment. Use within a household for commercial or medical applications is not included in this definition, nor is use in automobiles, watercraft, or aircraft.

Retail Food Refrigeration or Commercial Refrigeration. Equipment designed to store and display chilled or frozen goods for commercial sale including, but not limited to, stand-alone units, refrigerated goods processing and dispensing equipment, remote condensing units, supermarket systems, and vending machines.

Retrofit. To convert an appliance from one refrigerant to another refrigerant. Retrofitting includes the conversion of the appliance to achieve system compatibility with the new refrigerant and may include, but is not limited to, changes in lubricants, gaskets, filters, driers, valves, o-rings or appliance components.

Rigid Polyurethane and Polyisocyanurate Laminated Boardstock. Laminated board insulation made with polyurethane or polyisocyanurate foam including, but not limited to, that used for roofing and walls.

Rigid Polyurethane Appliance Foam. Polyurethane insulation foam in domestic (e.g. residential) appliances.

Rigid Polyurethane Commercial Refrigeration and Sandwich Panels. Polyurethane foam, used to provide insulation in walls and doors including, but not limited to, that used for commercial refrigeration equipment and garage doors.

Rigid Polyurethane High-pressure Two-component Spray Foam. A liquid polyurethane foam system sold as two parts (i.e., A-side and B-side) in non-pressurized containers; and is field or factory applied in situ using high-pressure proportioning pumps at 800-1600 pounds per square inch (psi) and an application gun to mix and dispense the chemical components.

Rigid Polyurethane Low-pressure Two-component Spray Foam. A liquid polyurethane foam system sold as two parts (i.e., A-side and B-side) in containers that are pressurized to less than 250 psi during manufacture of the system for application without pumps; and are typically applied in situ relying upon a liquid blowing agent and/or gaseous foam blowing agent that also serves as a propellant.

12/25/20 310 CMR - 250.102.76.48 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: continued

Rigid Polyurethane Marine Flotation Foam. Buoyancy or flotation polyurethane foam used in boat and ship manufacturing for both structural and flotation purposes.

Rigid Polyurethane One-component Foam Sealants. A polyurethane foam generally packaged in aerosol cans that is applied in situ using a gaseous foam blowing agent that is also the propellant for the aerosol formulation.

Rigid Polyurethane Slabstock and Other. A rigid closed-cell polyurethane foam formed into slabstock insulation for panels and fabricated shapes for pipes and vessels.

Stand-Alone Unit. Retail refrigerators, freezers, and reach-in coolers (either open or with doors) where all refrigeration components are integrated and the refrigeration circuit is entirely brazed or welded. These systems are fully charged with refrigerant at the factory and typically require only an electricity supply to begin operation.

Stand-alone Low-temperature Unit. A stand-alone unit that maintains goods at temperatures at or below 32EF (0EC).

Stand-alone Medium-temperature Unit. A stand-alone unit that maintains goods at temperatures above 32°F (0 °C).

State (when capitalized). The Commonwealth of Massachusetts for disclosure requirements in 310 CMR 7.76(5).

Substance. Any chemical intended for use in the end-uses listed in 310 CMR 7.76(6).

Supermarket Systems. Multiplex or centralized retail food refrigeration equipment systems designed to cool or refrigerate, which operate with racks of compressors installed in a machinery room and which includes both direct and indirect systems.

Use. Any utilization of any substance including, but not limited to, utilization in a manufacturing process or product in Massachusetts, consumption by the end-user in Massachusetts, or in intermediate applications in Massachusetts, such as formulation or packaging for other subsequent applications. For the purposes of 310 CMR 7.76, Use excludes residential use, but it does not exclude manufacturing for the purpose of residential use.

Vending Machines. A self-contained unit that dispenses goods that must be kept cold or frozen.

(3) Applicability. 310 CMR 7.76 applies to any person who sells, leases, rents, offers for sale, installs, uses, or manufactures, in Massachusetts, any product or equipment that uses or will use a prohibited substance in the end-uses listed in 310 CMR 7.76(6). 310 CMR 7.76 does not apply to any person in Massachusetts who uses for residential use any combination of a Household Refrigerator or Freezer, a Household Refrigerator or Freezer – Compact, or a Household Refrigerator or Freezer – Built-in.

(4) Prohibitions. (a) No person may sell, lease, rent, offer for sale, install, use or manufacture, in Massachusetts, any product or equipment that uses or will use a prohibited substance in the end-uses listed in 310 CMR 7.76(6), unless an exemption is provided for the end-use in 310 CMR 7.76(7). (b) Except where existing equipment is retrofitted, nothing in 310 CMR 7.76 requires a person that acquired a product or equipment containing a prohibited substance prior to an effective date of prohibition in 310 CMR 7.76(6): Table 1 to cease use of that product or equipment. (c) Products or equipment manufactured prior to the applicable effective date of the prohibitions in 310 CMR 7.76(6): Table 1, including foam systems not yet applied on site or new refrigeration equipment for which a facility has received a building permit prior to the effective date of prohibition, may be sold, leased, rented, imported, exported, distributed, installed, and used on or after the effective date of prohibition.

12/25/20 310 CMR - 250.102.76.49 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: continued

(5) Disclosure Statement. Except for the exemptions listed in 310 CMR 7.76(7): Table 1, as of the effective date of prohibition in 310 CMR 7.76(6): Table 1, any person who manufactures for sale in Massachusetts products or equipment in the air conditioning, refrigeration, foam, or aerosol propellant end-uses listed in 310 CMR 7.76(6), must provide a written disclosure or label to the buyer as follows. (a) For motor-bearing refrigeration and air conditioning equipment that is neither factory-charged nor pre-charged with refrigerant, the required disclosure or label must state "This equipment is prohibited from using any substance on the "List of Prohibited Substances" for that specific end-use, in accordance with State regulations for hydrofluorocarbons." (b) Except for products and equipment with existing labeling required by State building codes and safety standards which contain the information required in 310 CMR 7.76(5)(b)1. and 2., the disclosure or label for motor-bearing refrigeration and air conditioning equipment that are factory-charged or pre-charged with a hydrofluorocarbon or hydrofluorocarbon blend shall include: 1. The date of manufacture or a date code representing the date. If the manufacturer uses a date code for any product, the manufacturer shall file an explanation of each code with the Department; and 2. The refrigerant and foam blowing agent the product or equipment contains. (c) Except for foam products with existing labeling required by State building codes and safety standards which contain the information required in 310 CMR 7.76(5)(c)1. and 2., the disclosure or label for foam products shall include one of the two alternatives in 310 CMR 7.76(5)(c)1. and 2.: 1. Alternative 1. a. The date of manufacture or a date code representing the date. If the manufacturer uses a date code for any product, the manufacturer shall file an explanation of each code with the Department; and b. The foam blowing agent the product contains, or a reference to a Safety Data Sheet (complying with 29 CFR 1910.1200 requirements), if the latter identifies the foam blowing agent the product contains. 2. Alternative 2. "Where sold, compliant with State HFC regulations." (d) For aerosol propellants, the disclosure or label shall include one of the two alternatives in 310 CMR 7.76(5)(d)1. and 2.: 1. Alternative 1. a. The date of manufacture or a date code representing the date, which is indicated on the label, lid, or bottom of the container. If the manufacturer uses a date code for any product, the manufacturer shall file an explanation of each code with the Department; and b. The aerosol propellant the product contains, or availability of a Safety Data Sheet (complying with 29 CFR 1910.1200 requirements), if the latter identifies the propellant the product contains. 2. Alternative 2. "Where sold, compliant with State HFC regulations."

(6) List of Prohibited Substances by End-use. 310 CMR 7.76(6): Table 1 lists prohibited substances in specific end-uses and the effective date of prohibition, unless an exemption is provided for the end-use in 310 CMR 7.76(7). The prohibitions do not apply to products and equipment in specific end-uses manufactured prior to an applicable effective date of prohibition.

12/25/20 310 CMR - 250.102.76.50 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: continued

Table 1: End-use and Prohibited Substances

End-use Prohibited Substances Effective Date of Prohibition End-use Category: Aerosol Propellants Aerosol Propellants HFC-125, HFC-134a, HFC-227ea January 1, 2021 and blends of HFC-227ea and HFC 134a End-Use Category: Air Conditioning Centrifugal chillers (new) FOR12A, FOR12B, HFC-134a, January 1, 2024 HFC-227ea, HFC -2 36 fa, HFC245fa, R-125/ 134a/ 600a (28.1/70/1.9), R-125/ 290/ 134a/ 600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-423A, R-424A, R-434A, R438A, R - 5 0 7 A , R S - 4 4 ( 2 0 0 3 composition), THR-03 Positive displacement chillers FOR12A, FOR12B, HFC-134a, January 1, 2024 (new) HFC-227ea, KDD6, R125/ 134a/ 600a (28.1/70/1.9), R-125/ 290/ 134a/ 600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-424A, R-434A, R-437A, R438A, R-507A, RS-44 (2003 composition), SP34E, THR-03 End-use Category: Refrigeration Cold storage warehouses (new) HFC-227ea, January 1, 2023 R-125/290/134a/600a (55.0/1.0/42.5/1.5), R404A, R-407A, R-407B, R-410A, R-410B, R-417A, R-421A, R421B, R-422A, R-422B, R-422C, R-422D, R-423A, R-424A, R428A, R-434A, R-438A, R-507A, RS-44 (2003 composition) Household refrigerators and FOR12A, FOR12B, HFC-134a, January 1, 2022 freezers (new) KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R- 404A, R-407C, R407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS24 (2002 formulation), RS 44 (2003 formulation), SP34E, THR-03

12/25/20 310 CMR - 250.102.76.51 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: continued

Table 1: End-use and Prohibited Substances (continued)

End-use Prohibited Substances Effective Date of Prohibition Household refrigerators and FOR12A, FOR12B, HFC 134a, January 1, 2021 freezers-compact (new) KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R- 407F, R-410A, R-410B, R- 417A, R-421A, R- 421B, R-422A, R-422B, R-422C, R-422D, R424A, R-426A, R-428A, R-434A, R-437A, R-438A, R- 507A, RS24 (2002 formulation), RS 44 (2003 formulation), SP34E, THR-03 Household refrigerators and FOR12A, FOR12B, HFC 134a, January 1, 2023 freezers-built in appliances KDD6, R- 125/290/134a/600a (new) (55.0/1.0/42.5/1.5), R- 404A, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS24 (2002 formulation), RS-44 (2003 formulation), SP34E, THR-03 Supermarket Systems (Retrofit) R-404A, R- 407B, R- 421B, January 1, 2021 R - 4 2 2 A , R - 4 2 2 C , R - 4 2 2 D , R428A, R-434A, R-507A Supermarket Systems (New) HFC-227ea, R-404A, R-407B, January 1, 2021 R-421B, R-422A, R-422C, R-422D, R-428A, R-434A, R-507A Remote Condensing Units R-404A, R-407B, R-421B, January 1, 2021 (Retrofit) R-422A, R-422C, R-422D, R-428A, R-434A, R-507A Remote Condensing Units HFC-227ea, R-404A, R-407B, R January 1, 2021 (New) 421B, R-422A, R-422C, R-422D, R-428A, R-434A, R-507A Stand-alone Units (Retrofit) R-404A, R-507A January 1, 2021 Stand-alone FOR12A, FOR12B, HFC-134a, January 1, 2021 Medium-temperature Units HFC-227ea, KDD6, (New) R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R407A, R-407B, R-407C, R407F, R-410A, R-410B, R417A, R-421A, R-421B, R-422A, R-422B, R-422C, R422D, R-424A, R-426A, R-428A, R-434A, R-437A, R438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), SP34E, THR-03

12/25/20 310 CMR - 250.102.76.52 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: continued

Table 1: End-use and Prohibited Substances (continued)

End-use Prohibited Substances Effective Date of Prohibition Stand-alone Low-temperature HFC-227ea, KDD6, January 1, 2021 Units (New) R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R422A, R-422B, R-422C, R-422D, R-424A, R-428A, R434A, R-437A, R-438A, R-507A, RS-44 (2003 formulation) Refrigerated food processing HFC-227ea, KDD6, R-125/ 290/ January 1, 2021 and dispensing equipment 134a/ 600a (55.0/1.0/42.5/1.5), (New) R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R424A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-44 (2003 formulation) Vending Machines (Retrofit) R-404A, R-507A January 1, 2021 Vending Machines (New) FOR12A, FOR12B, HFC-134a, January 1, 2022 KDD6, R125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R407C, R-410A, R-410B, R-417A, R-421A, R-422B, R422C, R-422D, R-426A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), SP34E End-use Category: Foams Rigid Polyurethane and HFC-134a, HFC 245fa, January 1, 2021 Polyisocyanurate Laminated HFC-365mfc, and blends thereof Boardstock Flexible Polyurethane HFC-134a, HFC-245fa, January 1, 2021 HFC-365mfc, and blends thereof Integral Skin Polyurethane HFC-134a, HFC-245fa, January 1, 2021 HFC-365mfc, and blends thereof; Formacel TI, Formacel Z-6 Polystyrene Extruded Sheet HFC-134a, HFC-245fa, January 1, 2021 HFC-365mfc, and blends thereof; Formacel TI, Formacel Z-6 Phenolic Insulation Board and HFC-143a, HFC-134a, January 1, 2021 Bunstock HFC-245fa, HFC-365mfc, and blends thereof

12/25/20 310 CMR - 250.102.76.53 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: continued

Table 1: End-use and Prohibited Substances (continued)

End-use Prohibited Substances Effective Date of Prohibition Rigid Polyurethane Slabstock HFC-134a, HFC-245fa, January 1, 2021 and Other HFC-365mfc and blends thereof; Formacel TI, Formacel Z-6 Rigid Polyurethane Appliance HFC-134a, HFC-245fa, January 1, 2021 Foam HFC-365mfc and blends thereof; Formacel TI, Formacel Z-6 Rigid Polyurethane Commercial HFC-134a, HFC-245fa, January 1, 2021 Refrigeration and Sandwich HFC-365mfc and blends thereof; Panels Formacel TI, Formacel Z-6 Polyolefin HFC-134a, HFC-245fa, January 1, 2021 HFC-365mfc and blends thereof; Formacel TI, Formacel Z-6 Rigid Polyurethane Marine HFC-134a, HFC-245fa, January 1, 2021 Flotation Foam HFC-365mfc and blends thereof; Formacel TI, Formacel Z-6 Polystyrene Extruded HFC-134a, HFC-245fa, July 1, 2021 Boardstock and Billet (XPS) HFC-365mfc and blends thereof; Formacel TI, Formacel Z-6 Rigid polyurethane (PU) HFC-134a, HFC-245fa, and January 1, 2021 high-pressure two-component blends thereof; blends of spray foam HFC365mfc with at least 4% HFC-245fa, and commercial blends of HFC-365mfc with 7% to 13% HFC-227ea and the rem ai n d er HFC -365mfc; Formacel TI Rigid PU low-pressure HFC-134a, HFC-245fa, and January 1, 2021 two-component spray foam blends thereof; blends of HFC365mfc with at least 4% HFC-245fa, and commercial blends of HFC-365mfc with 7% to 13% HFC-227ea and the rem ainder HFC -3 6 5 m fc; Formacel TI Rigid PU one-component foam HFC-134a, HFC-245fa, and January 1, 2021 sealants blends thereof; blends of HFC365mfc with at least 4% percent HFC-245fa, and c o m m e r c i a l b l e n d s o f HFC-365mfc with 7% to 13% HFC-227ea and the remainder HFC-365mfc; Formacel TI

12/25/20 310 CMR - 250.102.76.54 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: continued

(7) Exemptions. 310 CMR 7.76(7): Table 1 lists exemptions to the prohibited substances and end-uses in 310 CMR 7.76(6).

Table 1: Exemptions

End-use Category Prohibited Substances Acceptable Uses Aerosol Propellants HFC-134a Cleaning products for removal of grease, flux and other soils from electrical equipment; refrigerant flushes; products for sensitivity testing of smoke detectors; lubricants and freeze sprays for electrical equipment or electronics; sprays for aircraft maintenance; sprays containing corrosion preventive compounds used in the maintenance of aircraft, electrical equipment or electronics, or military equipment; sprays for aerospace manufacturing and rework operations; pesticides for use near electrical wires, in aircraft, in total release insecticide foggers, or in certified organic use pesticides for which EPA has specifically disallowed all other lower-GWP propellants; mold release agents and mold cleaners; lubricants and cleaners for spinnerettes for synthetic fabrics; duster sprays specifically for removal of dust from photographic negatives, semiconductor chips, specimens under electron microscopes, and energized electrical equipment; adhesives and sealants in large canisters; document preservation sprays; FDA-approved MDIs for medical purposes; wound care sprays; topical coolant sprays for pain relief; and products for removing bandage adhesives from skin. Aerosol Propellants HFC-227ea and blends FDA-approved MDIs for medical purposes. of HFC-227ea and HFC 134a Air Conditioning HFC-134a Military marine vessels where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements. Air Conditioning HFC-134a and R-404A Human-rated spacecraft and related support equipment where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements. Foams - Except Rigid All substances Military applications where reasonable efforts have polyurethane (PU) been made to ascertain that other alternatives are not spray foam technically feasible due to performance or safety requirements until January 1, 2022. Foams - Except Rigid All substances Space- and aeronautics-related applications where polyurethane (PU) reasonable efforts have been made to ascertain that spray foam other alternatives are not technically feasible due to performance or safety requirements until January 1, 2025.

12/25/20 310 CMR - 250.102.76.55 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. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.76: continued

Table 1: Exemptions

End-use Category Prohibited Substances Acceptable Uses Rigid polyurethane All substances Military or space- and aeronautics-related (PU) two-component applications where reasonable efforts have been made spray foam to ascertain that other alternatives are not technically feasible due to performance or safety requirements until January 1, 2025.

(8) Recordkeeping. As of the effective date of prohibition for each end-use listed in 310 CMR 7.76(6): Table 1, any person who manufactures any product or equipment in the end-uses listed in 310 CMR 7.76(6), for sale or entry into commerce in Massachusetts must maintain for five years, and make available upon request by the Department, records sufficient to demonstrate that the product or equipment does not contain any substances listed in 310 CMR 7.76(6): Table 1 as prohibited for that end-use or that the product is exempt in accordance with 310 CMR 7.76(7).

REGULATORY AUTHORITY

310 CMR 7.00: M.G.L. c. 111, § 142A through J.

12/25/20 310 CMR - 250.102.76.56 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. Docket # 15

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 606 CMR 14.00

CHAPTER TITLE: Criminal Offender and Other Background Record Checks

AGENCY: Department of Early Education and Care

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. See attached.

REGULATORY AUTHORITY: M.G.L. c. 15D, §§1, 2, 6, 17 and 16

AGENCY CONTACT: Caroline Hayes Lopez PHONE: 781-605-5986

ADDRESS: 51 Sleeper Street, 4th FloorBoston, MA 02210

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency.

Date of public hearing or comment period: 8/11/2020 - 9/21/2020

For the first five years:

No fiscal effect: No fiscal effect

Date amended small business impact statement was filed: 12/10/2020

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: Background Record Checks, Child Care Programs

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 10 2020

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1433 DATE: 12/25/2020

EFFECTIVE DATE: 12/25/2020

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 75 - 86 75 - 86

89 & 90 89 & 90

12/11/2020 mrs

606 CMR 14.00 is adopted pursuant to federal law at 45 CFR Part 98.43, which requires the Department of Early Education and Care, as the Lead Agency for administering the Child Care Development Fund (CCDF) in Massachusetts, to promulgate rules and regulations to conduct criminal background record checks for child care staff, and, in accordance with M.G.L. c. 15D which states the policy of state government to assure every child and family "a fair and full opportunity to reach his full potential". 606 CMR 14.00 is established in keeping with the Department of Early Education and Care's mission of providing the foundation that supports all children in their development. 606 CMR 14.00 sets forth the standards for conducting background record checks for staff members at child care programs. Regulations are to be amended to comply with the Child Care Development Block Grant (CCDBG) Act of 1990, as amended, at 42 U.S.C. 9858 and the Child Care Development Fund at 45 CFR 98.

606 CMR 14.00: CRIMINAL OFFENDER AND OTHER BACKGROUND RECORD CHECKS

Section

14.01: Purpose 14.02: Policy 14.03: Scope 14.04: Definitions 14.05: Candidate Categories and Applicable Background Record Checks 14.06: Adoptive and Foster Care Parent Candidates 14.07: Submitting Background Record Checks 14.08: Processing Candidates’ Background Record Check Requests 14.09: Submission and Frequency of Background Record Checks 14.10: Disqualifications 14.11: Results from Background Record Checks 14.12: Review Process for Candidates with Criminal or Child Welfare Findings 14.13: Provisional and Conditional Hiring, Final Suitability Determinations and Transfer of Suitability 14.14: Appeals 14.15: Programs’ Responsibility 14.16: Agency Audits 14.17: Severability 14.18: Table of Disqualifying Offenses

14.01: Purpose

The purpose of 606 CMR 14.00 is to establish standardized procedures for Department of Early Education and Care (EEC) to process Background Record Checks (BRCs) of candidates for licensure, employment, affiliation or presence in programs licensed, approved or funded by EEC in accordance with state and federal law. Additionally, EEC’s BRC regulations apply to those seeking approval as foster and adoptive parents with the exception of those subject to M.G.L. c. 119, § 26A consistent with state and federal law.

14.02: Policy

EEC's BRC regulations are designed to ensure the completion of BRCs on individuals subject to EEC's oversight, including those in receipt of federal Child Care Development Fund (CCDF) funding pursuant to the Child Care Development Block Grant (CCDBG) Act of 2014 at 42 USC § 9858 and funding through the Families First Prevention Services Act of 2017 at 42 USC, § 471(a)(20)(D). Further, BRCs shall be performed in accordance with the statutory framework of M.G.L. c. 15D, §§ 7 and 8, 606 CMR 14.00 and consistent with the timelines established by EEC regulations or policy. EEC is responsible for reviewing all disqualifying information for candidates, with the exception of candidates for adoptive and foster parents to the extent authorized by the Federal Bureau of Investigations (FBI) and state statute. EEC may delegate to another Commonwealth entity its authority to complete BRCs through a Memorandum of Understanding or other applicable agreement to the extent permitted by state and federal law. While effective immediately, EEC will implement the provisions of 606 CMR 14.00 in phases and provide updated timetables for implementation within its written policies. Nothing in 606 CMR 14.00 shall be construed to create a private right of action if an EEC licensed, approved or funded program has acted in accordance with 606 CMR 14.00 and any policies adopted thereunder.

14.03: Scope

606 CMR 14.00 applies to candidates and those affiliated with EEC licensed, approved or funded programs in accordance with M.G.L. c. 15D, §§ 7 and 8 as well as CCDBG. BRCs must be completed on those who are affiliated with EEC licensed, approved or CCDF funded programs, as well as those with unsupervised access to children in child care licensed, approved or CCDF funded programs.

12/25/20 606 CMR - 75 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.04: Definitions

Affiliated: Regular association with an EEC licensed, approved or funded Program through employment, contract or an informal agreement with the Program or parents for the purpose of providing services on behalf of the Program or a child in attendance.

Background Record Check (BRC): The process of requesting, receiving and evaluating information to determine whether a candidate is eligible for affiliation with an EEC licensed, approved or funded program. Such checks include data provided by the Massachusetts Department of Criminal Justice Information Services (DCJIS); the Massachusetts Department of Children and Families (DCF); the Massachusetts Sex Offender Registry Board (SORB); the state and national fingerprint databases; as well as all relevant state and national criminal history, child welfare and sex offender registries, databases and repositories.

Candidate: Any person seeking to obtain, renew or retain an EEC license or approval; engage in permanent or temporary employment or internships, regardless of whether such individuals have unsupervised access to the children served; or volunteer in an unsupervised capacity within EEC licensed, approved or funded programs. Family child care candidates include family child care licensees and assistants, as well as household members, and those regularly on the premises of a family child care home, 15 years of age or older. Candidate includes individuals providing services to children within EEC licensed, approved or funded programs in an unsupervised capacity, regardless of whether the individuals have a direct relationship to the Program. All transportation personnel are presumed to have unsupervised access to children. Candidates may also include applicants for approval as foster or adoptive parents, as well as their household members 15 years of age or older.

Child Care Candidate: Used to identify those Programs subject to the CCDBG requirements, which includes all EEC licensed, approved and funded programs eligible to receive a subsidy, regardless of whether such entities actually receive a subsidy. This includes a family child care licensee as well as their household members and persons regularly on the premises 15 years of age or older; all family child care assistants; small and large group, center-based and after school child care licensees, employees, volunteers and interns; and anyone who provides services on behalf of such programs, who affiliate with or are present in such programs in an unsupervised capacity. Child Care Candidate also includes all candidates who operate or are employees, volunteers or interns in a program that receives CCDF funding for subsidized child care, even though it is not subject to licensure or approval by EEC.

Child Care Development Fund (CCDF): A grant issued by the federal government at 42 USC § 9858 to lead agencies from each state responsible for implementing subsidized child care program rules and requirements with the goal of providing a work support to families seeking to find a child care program fitting each family’s needs. EEC is the lead agency in Massachusetts responsible for administering CCDF funding to its recipients pursuant to M.G.L. c. 15D, § 2.

Child Care Development Block Grant (CCDBG): The 2014 Act that reauthorized the law governing CCDF for the first time since 1996. The law makes sweeping changes to the requirements in various areas, such as implementing mandatory background record checks on child care staff at all licensed, approved and funded programs. CCDBG added mandatory disqualifications; requires EEC to review all adverse record information; mandates a 45-day turnaround time; and adds criminal, child welfare and sex offender checks for each state where a candidate has resided within the prior five years.

Conditional Hire: An individual who has the potential for unsupervised contact with children and who is part of a department licensed, funded or approved program or a provider of transportation services on behalf of any department licensed, funded or approved program and was hired prior to the obtaining of the results of a state and national fingerprint-based criminal history check because the employer determined that hiring the individual was necessary.

Criminal Justice Official: The candidate’s probation officer, parole officer or correctional facility superintendent (or designee), depending on who has had the most recent responsibility for supervising the candidate. In cases where the candidate was last supervised in a correctional facility, the candidate may advise EEC of any employee of the correctional facility who may have specific information about the candidate that would assist the superintendent or designee with their assessment.

8/23/19 (Effective 5/16/19) 606 CMR - 76 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.04: continued

Criminal Offender Record Information (CORI): As used in 606 CMR 14.00, the term Criminal Offender Record Information (CORI) shall reflect the same meaning as the definition of the same term in M.G.L. c. 6, § 167 (2018 official edition) and 803 CMR 2.00: Criminal Offender Record Information (CORI). EEC is legally authorized to receive information pursuant to M.G.L. c. 6, §§ 172 and 172F, including information in addition to CORI. CORI checks completed for candidates include all information referenced in M.G.L. c. 6, §§ 172 and 172F that EEC is legally authorized to receive.

Department of Children and Families (DCF): A Massachusetts Executive Office of Health and Human Services agency, it maintains and provides child welfare information, including a central registry of substantiated findings of abuse or neglect of children in the Commonwealth.

Department of Children and Families (DCF) Check: A check of Massachusetts DCF databases including its Central Registry and Registry of Alleged Perpetrators to determine if a candidate has been identified as the person responsible for abuse or neglect of a child in a supported M.G.L. c. 119, § 51B Report or is the alleged perpetrator of a pending investigation for abuse or neglect under M.G.L. c. 119, § 51A.

Department of Criminal Justice Information Services (DCJIS): A Massachusetts Executive Office of Public Safety and Security agency, the DCJIS provides access to critical criminal justice information, including criminal record data, to authorized Commonwealth and national criminal justice and non-criminal justice agencies.

Direct Visual Supervision: Continuous observation within an individual’s immediate eyesight in an unobstructed manner. Supervision in this manner cannot occur through use of a camera. Supervision may occur through the presence of the child or resident’s parent or guardian; through presence of state agency staff; or presence of program staff with a suitability decision on file.

Discretionary Disqualification: A candidate with an adult or juvenile offense, regardless of its disposition, including pending and resolved charges for any crime, or a pending or supported finding for any child welfare offense as described in 606 CMR 14.10(3), unless the candidate is granted approval after complying with the EEC review process described in 606 CMR 14.12(2).

EEC Funded Program/Caregiver: Any program or individual that is exempt or not subject to EEC licensure or approval, who receives funding for subsidized child care from EEC. EEC Funded Program/Caregiver includes, but is not limited to, individuals who provide care in a child’s home whether related or unrelated to the child; public schools; summer camps; and out of school time programs regardless of whether such entity is licensed or approved by EEC.

Family Child Care Candidate: The family child care licensee; family child care assistants; and all household members and persons regularly on the premises of the family child care home 15 years of age or older, regardless of whether the individuals are present during child care hours.

Family Child Care Licensee: The family child care provider or educator who is legally responsible for the operations of a family child care program.

Final Suitability Determination: A conclusion that a candidate is “suitable” or “not suitable” after completing all mandatory components of EEC’s BRC process.

Fingerprint-based Check: A scan of a candidate’s fingerprints submitted to state law enforcement and Federal Bureau of Investigation (FBI) to search against the state and national criminal history databases.

12/25/20 606 CMR - 77 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.04: continued

51A Report: A report filed with the Massachusetts DCF, pursuant to M.G.L. c. 119, § 51A, alleging that there is reasonable cause to believe that a child younger than 18 years old has been subject to abuse or neglect.

51B Report: A report prepared pursuant to M.G.L. c. 119, § 51B detailing the MA DCF investigation into allegations of abuse or neglect upon a child and a determination by DCF whether there is reasonable cause to believe a child identified in the report has been, or is at risk of being, abused or neglected. A 51B Report will either support or unsupport the allegations of abuse or neglect.

Funding from EEC: Reimbursement for the provision of subsidized child care including monies from CCDF.

In-home Non-relative Caregiver: An individual receiving CCDF funding through EEC for subsidized child care to provide care to an unrelated child in the child’s own home.

Intern: Any person who provides their services to an EEC licensed, approved or funded program in order to gain work experience in and knowledge of a field. Internships may be paid or unpaid, part of a formal educational program or informally designed. Internships are usually for limited periods of time.

Licensee: Any person holding a license or approval issued by the Department and responsible for the Program’s operations and acting as the designated authority on behalf of a Program.

Mandatory Disqualification: A candidate is ineligible for approval if the candidate has any offense within a BRC described in 606 CMR 14.10(1), unless the candidate is granted approval. Mandatory disqualifications do not require review under 606 CMR 14.12(2) unless explicitly permitted by 606 CMR 14.00.

Materially False Statement: Information provided by a candidate to EEC that is false or misleading and should have been identified by the candidate as inaccurate. Such information could have caused EEC to perform an invalid BRC, or lead to the omission of relevant BRC information. As an example, intentionally providing inaccurate identifying information.

National Sex Offender Registry (NSOR) Check: The NSOR Check is a review of the sex offender information maintained by the National Crime Information Center (NCIC). Such information includes whether a candidate is registered as a sex offender in any other state or territory.

Out of State Check: A search of available out of state records, registries, repositories and databases for any known criminal history, sex offender information, and child welfare information where a candidate has resided within the prior five years.

Pending: A criminal offense shall be considered pending if the criminal record indicates that the offense remains open and without final resolution, including that the case has been continued without a finding and remains open or if the disposition information is unavailable on criminal record information. A child welfare check, including a DCF check, shall be considered pending if the abuse or neglect allegation of a child has been filed with a child welfare agency, but the investigation findings have not been issued by the agency.

Placement Agency: A department, agency, or institution of the Commonwealth, or any political subdivision thereof, or any organization incorporated under the laws of the Commonwealth, one of whose principal purposes is providing custodial care and services to children, which receives by agreement with a parent or guardian, by contract with a state agency or as a result of a referral by a court of competent jurisdiction, any child younger than 18 years old, for placement in family foster care or in a residential facility, except that for the purposes of adoption placement, a “placement agency” shall be a department, agency, or institution of the Commonwealth, or any political subdivision thereof, or any organization incorporated under M.G.L. c. 180, one of whose principal purposes is providing custodial care and social services to children, which receives by agreement with a parent or guardian, by contract with a state agency or as a result of referral by a court of competent jurisdiction, any child younger than 18 years old, for placement in adoption.

9/21/18 (Effective 10/1/18) 606 CMR - 78 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.04: continued

Presumptive Disqualification: A candidate is ineligible for BRC approval if their EEC BRC reflects any offense as described in 606 CMR 14.10(5), unless the candidate is granted approval after completing the review process described in 606 CMR 14.12(2). Such disqualifications create a presumption of a disqualification for licensure, employment or other services that result in unsupervised access to children, due to the presumed unacceptable risk to children posed by the nature of the crime to persons receiving services. Certain disqualifications will be deemed presumptive and subject to further scrutiny and may require the candidate to submit additional information.

Program: An EEC licensed, approved or CCDF funded entity, including but not limited to, family child care, group, school aged, center-based and residential programs as well as placement agencies. Program includes entities that are in receipt of CCDF funding for subsidized child care but also not licensed by EEC or exempt from EEC’s licensing oversight.

Program Administrator (BRC): A person designated by a Program or an entity designated by EEC to submit candidate information during the BRC process, including BRC requests, consent forms for candidates, employment and affiliation decisions and any other information requested by EEC’s BRC Unit. Candidates must at least be in provisional status with the Program when designated as BRC Program Administrator unless an exception defined by EEC policy applies.

Provisional Hire/Status: A candidate who has completed the required sex offender and a fingerprint-based check who a Program seeks to utilize in a supervised capacity after EEC has completed the preliminary screening process. Provisional hires must at all times be under the direct visual supervision of a Program staff person that has a current final suitability determination of “suitable” from EEC. The candidate will remain in this category until EEC issues a final suitability determination. This category does not apply to family child care candidates, in home non relative caregiver, relative caregiver, transportation personnel, temporary agency staff, and contracted/service providers.

Qualified Mental Health Professional: A psychiatrist, licensed to practice medicine under M.G.L. c. 112, § 2, a psychologist, licensed under M.G.L. c. 112, §§ 118 through 121, a psychiatric nurse licensed to practice nursing under M.G.L. c. 112, §§ 74 and 80E, or a licensed independent clinical social worker (LICSW) licensed under M.G.L. c. 112, §§ 130 through 132; provided that the psychiatrist, psychologist, psychiatric nurse, or licensed independent clinical social worker has at least 1,000 hours of experience over a minimum of two years involving assessment, treatment, and consultation concerning individuals with behavior that presents a risk of harm to others in the community, in the workplace, in treatment settings, or in correctional facilities; and provided further that the psychiatrist, psychologist, psychiatric nurse or licensed independent clinical social worker. Such individual may not have personally provided treatment to the candidate.

Regularly on the Premises: Individuals who are present at a family child care home on a recurring basis, but do not reside at the home and are not employed by the program.

Relative Caregiver: A person who is a parent, grandparent, great grandparent, aunt, uncle, great aunt, great uncle or sibling by blood, marriage or adoption of a child, receiving payment from EEC to provide care to a child in his or her home or the child’s home.

Sex Offender: A person designated, registered or required to be registered as a sex offender in any sex offender registry, repository or database by any state or federal agency.

Sex Offender Registry Board (SORB): A Massachusetts Executive Office of Public Safety and Security agency, SORB classifies, maintains and provides information regarding persons who have been convicted or adjudicated of a sexual offense.

Sex Offender Registry Information (SORI): Information and classifications maintained by the Massachusetts SORB regarding those who have been convicted or adjudicated of a sexual offense. SORI includes the type of sex offense(s) committed, the date(s) of conviction, the sex offender’s home and work/school addresses, and identifying information about the sex offender, such as age, height, and weight.

9/21/18 (Effective 10/1/18) 606 CMR - 79 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.04: continued

Transportation Personnel: Any individual or a corporation who provides transportation services on behalf of any Program licensed, approved or CCDF-funded, whether directly employed or subcontracted with the Program. All transportation drivers and monitors are presumed to provide services in an unsupervised capacity.

Unsupervised Capacity/Access: When a person has a reasonable likelihood of contact with children without being in the direct visual supervision of an EEC approved employee found “suitable” by EEC.

Volunteer: Any person who assists in an unpaid and unsupervised capacity for an EEC licensed, approved or CCDF-funded program.

Youthful Offender: As used in 606 CMR 14.00, the term Youthful Offender shall reflect the same meaning as the definition of the same term in M.G.L. c. 119, § 52 (2018 official edition).

14.05: Candidate Categories and Applicable Background Record Checks

(1) The following candidates must complete an EEC BRC regardless of type: (a) All candidates who are directly employed or intern within Programs must complete a full BRC through the Program, regardless of whether such individuals work in an unsupervised capacity. (b) Volunteers must complete a BRC through EEC if they are assisting a Program in an unsupervised capacity. (c) Contractors and subcontractors and any other individual who is present in but not directly employed by a Program shall complete a BRC if they have unsupervised access to children within a Program or if otherwise required by state or federal law. (d) BRCs for candidates who are not employed by the Program and do not contract or subcontract with the Program, but who provide services to a child or have unsupervised access to children within the Program must have a BRC request processed through the Program(s) where the candidate is providing services. This includes family child care system visitors and monitors, therapists who have unsupervised access to children, and any other individuals who provide services to children in an unsupervised capacity. (e) Transportation Personnel: An EEC BRC is required for all Program transportation services personnel who are employed directly, contract or subcontract with an EEC Program and must be processed either through the affiliated Program or directly within another process established and approved by EEC in accordance with EEC policy. It is presumed that all transportation drivers and monitors have contact with children in an unsupervised capacity. Such checks may be completed through another state agency consistent with state and federal law.

(2) Family Child Care Background Record Check (BRC) candidates include the following: (a) Current family child care licensees and applicants for licensure; (b) Household members, as defined by EEC licensing regulations at 606 CMR 7.02: Definitions, 15 years of age or older, regardless of whether such individuals are present while child care children are present; and persons regularly on the premises (including volunteers and other regular visitors) 15 years of age or older in family child care programs; and (c) All current and prospective family child care assistants and volunteers, regardless of whether such individuals are present in an unsupervised capacity with children in the Program. The above candidates will be required to complete a CORI, DCF, SORI, NSOR, fingerprint-based check and all out of state checks mandated by CCDBG according to the timelines defined by EEC policy.

(3) Group, Center-based and School Age Child Care BRC candidates include the following: (a) Current and prospective licensees and applicants for licensure; (b) Current and prospective employees or interns in such Programs, regardless of whether such individuals have unsupervised access to children (e.g. directors, teachers, caregivers, bus drivers, janitors, kitchen staff and administrative staff); (c) Current and prospective volunteers with unsupervised access to children; and (d) Non-employees who are present with children in an unsupervised capacity, unless excluded by EEC policy.

12/25/20 606 CMR - 80 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.05: continued

The above Group and School Age Child Care candidates will be required to complete a CORI, DCF, SORI, NSOR, fingerprint-based check and all out of state checks mandated by CCDBG according to the timelines defined by EEC policy.

(4) Residential Program and Placement Agency BRC candidates include the following: (a) Current and prospective residential program and placement agency licensees and applicants for licensure; (b) Current and prospective employees or interns in such Programs, regardless of whether such individuals have unsupervised access to children (e.g. directors, teachers, caregivers, bus drivers, janitors, kitchen staff and administrative staff); (c) Current and prospective volunteers with unsupervised access to children; and (d) Non-employees who are present in an unsupervised capacity, unless excluded by EEC policy. The above Residential Program and Placement Agency candidates will be required to complete a CORI, DCF, SORI, and fingerprint-based checks. Out of state checks and mandatory disqualifications do not apply, unless required by state or federal law.

(5) Adoptive and Foster Care Parent BRC candidates include the following: (a) Current and prospective applicants to be adoptive or foster parents; and (b) Adoptive or foster parent’s household members 15 years of age or older. The above Adoptive and Foster Care Parent candidates will be required to complete a CORI, SORI, and fingerprint-based checks, which may be completed through the placement agencies when a process is available and it is authorized by statute. DCF checks must either be completed directly through DCF or EEC if not available through DCF. Out of state checks and mandatory disqualifications do not apply, unless required by state or federal law.

(6) CCDF-funded Child Care Program BRC candidates include the following: (a) In-home Non-relative Caregivers: In-home, non-relative caregivers will be required to complete a CORI, DCF, SORI, NSOR, fingerprint based check and all out of state checks mandated by CCDBG according to the timelines defined by EEC policy. (b) Relative Caregivers: Relative caregivers will only be required to complete a SORI and NSOR check. (c) Programs and Agencies Exempt from or Not Subject to EEC Licensure, but Receiving CCDF Funding: Such programs and agencies include those that do not fall within the licensing purview of EEC, but affiliate with a Program receiving CCDF funding from or licensed by EEC. Candidates in this category must complete a CORI, DCF, SORI, NSOR, fingerprint-based check and all out of state checks mandated by CCDBG according to the timelines defined by EEC policy. (d) Candidates Affiliated with EEC Licensed, Approved or Funded Programs: Candidates include current and prospective individuals who have unsupervised access to children in or on behalf of a licensed, approved or funded Program, but are not directly employed by the Program (e.g. transportation providers, temporary workers, clinicians, therapists, home visitors for family child care systems, and specialty service providers); and BRC Program Administrators for such entities. Such candidates will be required to complete a CORI, DCF, SORI, NSOR, fingerprint-based check and all out of state checks mandated by CCDBG according to the timelines defined by EEC policy.

14.06: Adoptive and Foster Care Parent Candidates

(1) Those seeking approval as adoptive and foster care parents and all household members 15 years of age or older are considered adoptive and foster care parent candidates.

(2) Adoptive and foster care parent candidates may complete the BRC through the adoption or foster care placement agency when authorized by EEC. Sex offender checks will be completed by EEC, unless another process is authorized.

(3) Adoption and foster care placement agencies must review the BRC results of adoptive and foster care candidates and determine whether each candidate is “suitable” according to the process determined by EEC policy and in accordance with FBI authorization.

12/25/20 606 CMR - 81 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.06: continued

(4) EEC-licensed adoption and foster placement agencies should use the provisions of 606 CMR 14.00 as guidance. Placement agencies retain discretion over approval of adoptive and foster care candidates, regardless of the BRC findings.

(5) If an adoption or foster care agency does not follow 606 CMR 14.00 in making a decision in an adoptive or foster parent application, then the agency must document its reasoning for not doing so.

(6) The regulatory provisions within 606 CMR 14.00 only apply to adoptive and foster care applicants if specified.

14.07: Submitting Background Record Checks

(1) After receiving consent forms from applicable candidates, family child care licensees, family child care assistants, and BRC Program Administrators will submit EEC BRC requests directly through EEC utilizing an EEC-approved means of submission as defined by EEC policy.

(2) Family child care licensees must submit EEC BRC consent forms for all family child care candidates (including household members and persons regularly on the premises 15 years of age or older) with a signature validated by means permitted by EEC policy.

(3) For group, school aged, residential and placement Program employees, interns, unsupervised volunteers with unsupervised access to children, or non-staff working in an unsupervised capacity at such Programs, the identity verification process must be completed in accordance with EEC policy. Programs must ensure that a candidate's identity has been validated by means approved by EEC policy.

(4) For CCDF-funded caregivers and programs, the identity verification process must be completed in accordance with EEC policy.

(5) BRCs for candidates who are not employed by, contract or subcontract with the Program, but who provide services to a child and have unsupervised access to children within a Program must have a BRC request processed through the Program(s) where the candidate is providing services.

(6) After a Program makes a preliminary decision to hire or accept the services of a candidate or a family child care educator elects to seek or maintain a license, then all applicable candidates must complete a BRC consent form or the electronic equivalent.

(7) All candidates shall complete a BRC consent form during the initial BRC process and validate their identity. Each candidate then must recertify their consent for EEC on a yearly basis in a manner described by and in accordance with timelines established by EEC policy. Failure to complete the consent form as required is independent grounds for finding a candidate “not suitable”.

(8) Family child care licensees must ensure that all family child care candidates (including household members and persons regularly on premises 15 years of age or older and family child care assistants) sign EEC’s BRC consent form each year that they are present in the family child care program.

(9) BRC Program Administrators shall ensure that all candidates re-certify consent each year if the candidate is still working for or providing services on behalf of the Program. If any of the identifying information provided does not match the prior BRC form that was submitted, then the candidate's identity must be re-verified in accordance with EEC policy. If there is evidence the candidate provided false information, then the BRC Program Administrator must notify EEC.

12/25/20 606 CMR - 82 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.08: Processing Candidates’ Background Record Check Requests

(1) A signed consent form initiates the BRC process. Upon receipt of a BRC consent form, EEC will determine whether there is a final suitability determination on file for the candidate within the prior three years.

(2) Final Suitability Determination on File: (a) If EEC concludes that it issued the candidate a prior final suitability determination and it is still valid, then EEC will request additional information from the candidate. The candidate must provide all required information before EEC may share the final suitability determination with a new Program. Knowingly providing false information in connection with this response constitutes a materially false statement, which may result in EEC issuing the candidate a final suitability determination of “not suitable”. (b) If EEC authorizes sharing the candidate’s prior suitability determination, then EEC will issue a final suitability determination to the new Program. If not, a new BRC must be completed on the candidate.

(3) All applicable BRCs should be requested from the relevant federal or state agency/ repository within a maximum of 45 days from the date the candidate is fingerprinted by EEC approved means, excluding any time required for the review process.

(4) All EEC BRC results showing findings and requiring further EEC review shall be transmitted to the candidate and reviewed by EEC.

(5) EEC will notify the relevant parties of a candidate’s provisional status, if applicable, and final suitability determination.

(6) A family child care licensee’s BRC process is complete after the receipt of a final suitability determination for the family child care licensee and any household members and persons regularly on the premises 15 years of age or older.

(7) A Program candidate (other than family child care licensees, household members, and persons regularly on the premises) has completed the BRC Process when EEC issues a final suitability determination.

14.09: Submission and Frequency of Background Record Checks

(1) Submission by Programs Other than Family Child Care: For prospective and current employees, interns and unsupervised volunteers in Programs, BRC requests shall be submitted by the BRC Program Administrator. Such BRC requests may be submitted when there is a preliminary offer to the candidate and submission of the BRC is the final step in the hiring process.

(2) Submission of Family Child Care Candidates: (a) For family child care licensees, a BRC must be complete with a final suitability determination issued on all household members and persons regularly on the premises 15 years of age or older in accordance with the timeframes outlined by 606 CMR 7.00: Standards for the Licensure or Approval of Family Child Care; Small Group and School Age and Large Group and School Age Child Care Programs, and EEC policy before EEC will issue a license. (b) Family child care licensees must disclose to EEC any changes to the composition to the family child care home, including the addition or removal of household members, or those regularly on the premises consistent with 606 CMR 7.00: Standards for the Licensure or Approval of Family Child Care; Small Group and School Age and Large Group and School Age Child Care Programs, to ensure that a background record check is timely completed. (c) For family child care assistants, a BRC must be complete with a final suitability determination issued in accordance with the timeframes outlined by 606 CMR 7.00: Standards for the Licensure or Approval of Family Child Care; Small Group and School Age and Large Group and School Age Child Care Programs, and EEC policy before EEC will issue a certificate or approval.

8/23/19 (Effective 5/16/19) 606 CMR - 83 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.09: continued

(3) Frequency of Background Record Checks: EEC and BRC Program Administrators will not process BRCs more frequently than required by state statute, unless an exception applies. At its sole discretion, EEC may run a partial or full BRC, in a manner consistent with EEC regulation and policy, prior to a Candidate's BRC renewal date where the Candidate who falls within the following exceptions. A partial BRC consists of certain checks, but does not include all generally required checks: (a) Candidates who have moved outside of Massachusetts since the last EEC BRC was completed and who have had a break in employment or affiliation of 30 days or longer; (b) When it has been revealed by: the candidate, through notification of subsequent activity, or through another reliable source, that new criminal charges have been brought, there has been a child welfare investigation, or the candidate has been required to be registered or classified as a sex offender in Massachusetts or any other state or territory; (c) Candidates who have a break of more than 180 days from being affiliated with an EEC Program; (d) EEC or the BRC Program Administrator has discovered that the candidate has false, misleading or incomplete information on file; (e) Candidates who may be involved in any investigation; (f) For purposes of resolving a candidate’s pending criminal charge, sex offender status or child welfare information; or (g) Candidates who are changing their role or program type. 1. Some illustrative examples of a change to a Candidate role include, but are not limited to, a Candidate who received a BRC for a family child care assistant position and now is a Candidate for a family child care educator position, or vice versa. 2. Some illustrative examples of a change to program type include, but are not limited to, a Candidate who received a BRC for a role in a family child care setting and now applies for a role in a Group, School Age, or Residential or Placement program, or vice versa. 3. EEC will provide further policy guidance regarding the frequency of BRCs. EEC may mandate that certain checks be completed on a regular and automated basis in accordance with timelines established by EEC policy.

14.10: Disqualifications

(1) Mandatory Disqualification: A Child Care Candidate shall have a mandatory disqualifying background if they: (a) Are registered, or required to be registered, in any state or national sex offender registry, repository or database; (b) Have a felony conviction after a state or national criminal check for crimes within the following categories: 1. First and second degree murder or its equivalent; 2. Crimes involving child abuse or neglect; 3. Crimes against children, including child pornography; 4. Spousal abuse; 5. Crimes involving rape or sexual assault; 6. Kidnapping; 7. Arson; and 8. Physical assault or battery; (c) Have a conviction as an adult after a state or national criminal check for a violent misdemeanor committed against a child including, but not limited to, the following crimes: child abuse, child endangerment, sexual assault, or a misdemeanor involving child pornography; (d) Refuse to consent to an EEC BRC as required by law, unless subsequently resolved in accordance with EEC policy; or (e) Knowingly make a materially false statement in connection with a BRC, unless subsequently resolved in accordance with EEC policy.

12/25/20 606 CMR - 84 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.10: continued

(2) Mandatory disqualifications falling within 606 CMR 14.10(1)(a) through (c) are for life as long as the disqualification appears on a record, and those appearing in 606 CMR 14.10(1)(d) and (e) last for up to three years subject to EEC’s discretion.

(3) EEC shall maintain a Table of Disqualifying Offenses listing specific crimes within the Commonwealth of Massachusetts, and out-of-state equivalents that fall within the disqualification categories.

(4) Any offense that is deemed a mandatory disqualification for a Child Care Candidate, will be considered a presumptive disqualification for Residential and Placement Candidates, unless otherwise required by state or federal law.

(5) Presumptive Disqualification: A candidate shall have a presumptive disqualifying background if their BRC discloses: (a) Any pending charges, adjudications as a juvenile delinquent, Youthful Offender, non-conviction or not delinquent findings for an adult or juvenile, including sealed offenses and the equivalent, mandatory disqualification as defined in 606 CMR 14.10(1); (b) A supported DCF finding or out of state equivalent determination for sexual abuse; (c) A conviction for a felony drug offense within the three years prior to the date of the EEC BRC; or (d) Any presumptive disqualifications for crimes defined by EEC in its Table of Disqualifying Offenses, including those within DCJIS’s definition of convictions, delinquent, sealed or the equivalent, or pending adult or juvenile charges and any state or national equivalent offense. (e) For residential and placement candidates, any offense that is deemed a mandatory disqualification for Child Care Candidates will constitute a presumptive disqualification, unless otherwise required by state or federal law, in addition to all offenses falling within 606 CMR 14.10(5)(a) through (d).

(6) Discretionary Disqualification: A candidate shall have a discretionary disqualifying background if their BRC discloses: (a) Any non-convictions or not delinquent findings for an adult or juvenile presumptive disqualification, including sealed offenses and the equivalent, appearing on EEC’s Table of Disqualifying Offenses - Presumptive Disqualifications; (b) Any other criminal charges appearing on EEC’s Table of Disqualifying Offenses S Discretionary Disqualifications, including convictions, non-convictions, delinquent, not delinquent, sealed or the equivalent, or pending adult or juvenile charges and any state or national equivalent offense; or (c) They have been found to be the person responsible for the abuse or neglect of a child or out-of-state equivalent determination as appearing on any check of any state or national child welfare or child abuse and neglect registry or database.

(7) Any criminal or child welfare offenses that are not specifically listed will be categorized and may warrant review as determined by EEC’s General Counsel.

14.11: Results from Background Record Checks

(1) If the BRC results reveal that there are no disqualifications during the sex offender and fingerprint-based checks, the BRC Program Administrators may be notified of the possibility of hiring the candidate provisionally, unless the candidate is a group, school age, residential, or placement licensee, family child care candidate, in-home non-relative caregiver, relative caregiver or affiliated candidate.

(2) If the candidate has no disqualifications after the completion of the entire EEC BRC process, EEC will notify the Program and issue the candidate a final suitability determination of “suitable”.

(3) If a candidate with any disqualification fails to complete EEC’s BRC Process within 45 days, EEC may issue a final suitability determination of “not suitable”.

12/25/20 606 CMR - 85 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.11: continued

(4) If the EEC BRC reveals any disqualification, EEC will inform the candidate either before an adverse employment decision is made or as part of the licensing appeals process: (a) That the candidate has a disqualifying background; (b) Of the candidate’s BRC results and will provide the candidate with a copy of their criminal record; (c) Of the candidate’s right to dispute the accuracy of the BRC findings; and (d) Of the process to dispute the accuracy of the BRC finding. EEC will also provide a copy of the CORI Policy.

(5) A pending mandatory disqualification will be subject to the following additional steps: (a) EEC will not issue a final suitability determination of suitable until the pending charges are resolved and EEC completes its review process; (b) EEC will require the candidate to provide updates as requested; (c) The candidate must notify EEC when the charges are resolved; and (d) EEC may elect to allow a candidate to remain in a provisional status with a pending mandatory disqualification after completion of EEC’s review process.

(6) A verified mandatory disqualification will result in the issuance of a final suitability determination of “not suitable”.

(7) If the BRC investigation reveals a discretionary or presumptive disqualification on the candidate’s record, then the candidate shall be informed by EEC about the following process in addition to what is described in 606 CMR 14.10(1) through (3): (a) Of the information required to obtain a review; and (b) Of the opportunity to submit additional information relevant to the review.

(8) If the BRC investigation reveals that the candidate has an outstanding warrant for any criminal offense or a pending DCF 51B investigation or out of state equivalent, the candidate shall be informed that he or she is ineligible for any position in an EEC Program unless: (a) the candidate contacts the court or agency that entered the warrant and it is removed or the 51B investigation or out of state equivalent is completed and results in a not supported or equivalent finding; (b) EEC approves the existing candidate to continue to care in writing pending the outcome of the review; or (c) EEC approves the candidate with a resulting support or criminal charge after completion of the review process.

(9) If EEC learns that a DCF 51B report or an out of state equivalent has been supported against: (a) A family child care licensee, a regular or certified assistant, a relative caregiver, or an in-home non-relative caregiver, that individual shall immediately stop providing care pending the outcome of EEC’s review process. If the support or equivalent determination is against a household member or a person regularly on the premises of a family child care home, then the family child care licensee must stop caring for children, unless there is a written agreement with EEC for the program to continue operating pending the outcome of EEC’s BRC review process in a manner that protects the health, safety, and welfare of children. (b) All other Program candidates shall not be permitted to continue caring or providing services in any EEC Program until the candidate has completed EEC’s review process or EEC has authorized in writing that the staff may continue caring in provisional status.

(10) If EEC determines through an address match with SORB that an individual who is registered or required to be registered as a sex offender lives or works on or nearby the premises of a Program, EEC will immediately investigate and take appropriate action related to the Program in accordance with EEC policy and procedures.

8/23/19 (Effective 5/16/19) 606 CMR - 86 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.13: continued

(c) Household members and persons regularly on the premises who have been found “not suitable” may prevent the family child care licensee from obtaining, renewing or retaining their license.

(5) Group, Center-based, School Age, Residential or Placement Candidates: (a) Group, school age, residential and placement licensees may not obtain, renew or retain a license until the licensee or the BRC Program Administrators have been found “suitable”. (b) If a group, center-based, school age, residential or placement licensee, employee, volunteer, or intern is found “suitable”, the candidate is no longer in provisional status and may work in the EEC Program on a regular basis. (c) If a group, center-based, school age, residential or placement candidate is found “not suitable”, the candidate may not work in the Program and should be removed immediately or within a timeframe determined by EEC.

(6) Candidates Providing Services on Behalf of EEC Licensed, Approved or Funded Programs: (a) Candidates providing services in an unsupervised capacity for or on behalf of a Program or for any child attending the Program must obtain a final suitability determination from EEC. (b) If the candidate in 606 CMR 14.13(6)(a) is found “suitable”, then the candidate is no longer in provisional status and may continue providing services in the EEC licensed, approved or funded program in a permanent status. (c) If the candidate in 606 CMR 14.13(6)(a) is found “not suitable”, then the candidate may not provide services in or on behalf of the EEC licensed, approved or funded program and should be removed immediately or within a timeframe determined by EEC.

(7) If at any time following a finding of suitability, EEC concludes that the candidate is “not suitable” or there is recently discovered disqualifying information, EEC will notify the candidate and may notify the licensee or Program of the candidate’s change in BRC status.

(8) Transfer of Suitability: EEC may share or transfer final suitability determinations for child care candidates between child care programs and residential and placement programs in accordance with 606 CMR 14.08. EEC will not transfer a final suitability determination for residential and placement candidates seeking to work in child care programs, but EEC may transfer the candidate’s final suitability determination between different residential and placement programs.

14.14: Appeals

(1) Candidates with a verified mandatory disqualification do not have the right to undergo an appeals process with EEC. EEC’s “not suitable” determination is final and results in a lifetime ban under CCDBG, unless the candidate’s disqualification is expunged, pardoned or otherwise permanently removed from their record.

(2) Licensees who have been found “not suitable” after completing EEC’s review process may file for an adjudicatory hearing at the Division of Administrative Law Appeals (DALA) within 21 days of receipt of the “not suitable” final suitability determination. The hearing will be held pursuant to M.G.L. c. 30A, and 801 CMR 1.01: Formal Rules.

(3) A “not suitable” determination for a family child care licensee due to the BRC of a household member or person regularly on the premises will entitle the family child care licensee to file an appeal in accordance with 606 CMR 14.14(2). The right to appeal is held by the licensee, not the family child care household member or person regularly on the premises.

(4) Certified and regular family child care assistants who have been found "not suitable" may file for an adjudicatory hearing at EEC within 21 days of receipt of the "not suitable" final suitability determination. The hearing will be held pursuant to M.G.L. c. 30A, and 801 CMR 1.02: Informal Rules.

12/25/20 606 CMR - 89 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. 606 CMR: BOARD OF EARLY EDUCATION AND CARE

14.14: continued

(5) Group, school age, residential, and funded program candidates who are not licensees and placement agency candidates may file for an adjudicatory hearing at EEC within 21 days of receipt of the "not suitable" final suitability determination. The hearing will be held pursuant to M.G.L. c. 30A, and 801 CMR 1.02: Informal Rules.

(6) In-home non-relative caregivers and relative caregivers may file for an adjudicatory hearing at EEC within 21 days of receipt of the "not suitable" final suitability determination. The hearing will be held pursuant to M.G.L. c. 30A, and 801 CMR 1.02: Informal Rules.

(7) Candidates who have been found “not suitable” for failing to respond or providing false information or related to a pending offense may reapply at any time, but must repay all associated fees. If the candidate fails to respond on more than one occasion or provides false information on more than one occasion, then the candidate will be prohibited from reapplying for a period of three years, unless the prohibition is waived by EEC.

(8) Candidates whose “not suitable” results from a comprehensive BRC review of all adverse findings may not reapply for a period of five years. EEC may in its discretion determine whether to apply a “not suitable” final suitability determination to a candidate’s future application in a different role.

14.15: Programs Responsibility

(1) Submission of Consent: The BRC Program Administrator or Licensee is responsible for ensuring all candidates submit consent and renew their consents annually.

(2) Storage of BRC Information (Excluding Family Child Care Licensees): BRC Program Administrators or licensees must keep copies of the consent form, identification provided, EEC’s provisional or conditional authorization if applicable, and the candidate’s final suitability determination in each candidate’s personnel folder.

(3) Hiring by Group, School Age, Residential, Placement and Funded Programs: (a) Provisional hires may only work in a supervised capacity. (b) The Program shall require as a condition of the candidate’s permanent employment, receipt of a letter from EEC indicating the person has been found “suitable” after completion of an EEC BRC. (c) Hiring/Affiliation Decisions: The BRC Program Administrator must timely and regularly update each candidate’s employment status with EEC in accordance with EEC policy to ascertain whether such candidates are present in the Program.

14.16: Agency Audits

EEC shall periodically review BRC documentation maintained by Programs to ensure compliance with state and federal statutes, regulations, policies, and procedures. All Programs shall develop procedures that ensure that EEC can audit compliance with 606 CMR 14.00. Programs are also subject to Department of Criminal Justice Information Services (DCJIS) and Federal Bureau of Investigation (FBI) audits to ensure compliance with 803 CMR 2.00: Criminal Offender Record Information (CORI) and the FBI CJIS Security Policy.

14.17: Severability

If any provisions of 606 CMR 14.01 through 606 CMR 14.16 or the applications of such provisions to any person or circumstance are held invalid or unconstitutional, then the other provisions of said 606 CMR 14.01 through 606 CMR 14.16 or the application of such provisions to any person or circumstance other than the one held invalid shall not be affected.

12/25/20 606 CMR - 90 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. William Francis Galvin PERIODICALS Secretary of the Commonwealth State Bookstore U.S. POSTAGE PAID State House, Room 116 Boston, MA Boston, MA 02133

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