MA Senate Passes Legislation Expanding Protections for Reproductive and Gender-Affirming Care

The Massachusetts State Senate on Wednesday 07/13/22) unanimously passed a bipartisan bill protecting providers, residents, and visitors to the Commonwealth who engage in legally-protected reproductive and gender-affirming health care.

An Act expanding protections for reproductive and gender-affirming care includes provisions preventing the Commonwealth's cooperation with 'bounty-style' anti-abortion and anti-gender-affirming care laws in other states, mandates health insurance coverage for abortion and abortion-related care with no cost-sharing, ensures access to emergency contraception, and provides confidentiality to providers of reproductive and gender-affirming care. Senate Bill 2996, filed by Senator Cindy F. Friedman, expands on her amendment to the Senate Fiscal Year 2023 budget, which was filed in response to the leaked U.S. Supreme Court opinion on Dobbs v. Jackson and adopted by the Senate in late May.

"We cannot let other states threaten Massachusetts pregnant and transgender people, or the providers who take care of them," said Senate President Karen E. Spilka (D-Ashland). "Massachusetts will not waiver in protecting our residents' rights. The legislature prepared for the end of Roe v. Wade by passing the ROE Act in 2020, which ensured the continuation of reproductive healthcare services when we could no longer count on the federal government. Now, we must prepare our Commonwealth for the potential further erosion of our rights and protections at the federal level. I want to thank my colleagues in the Senate for their swift and decisive action."

"The Senate has taken important steps to confront the threats posed reproductive and gender-affirming health care in our state posed by new, draconian laws being passed across the nation," said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. "Though these changes are unprecedented, we in Massachusetts are continuing to demonstrate that we are prepared to defend the rights of all of our residents. Thank you for the hard work and collaboration of Senators Friedman, Lewis, and Jehlen, and the leadership of the Senate President."

"Passing this legislation is a monumental step forward in Massachusetts, as we are seeing increasingly more anti-abortion and anti-gender-affirming care legislation rise across the country," said Senator Cindy F. Friedman (D-Arlington), Senate Chair of the Joint Committee on Health Care Financing and the lead sponsor of the bill. "We must do everything to protect the rights of our providers, patients, and visitors to the Commonwealth. As we further realize the impact of the U.S. Supreme Court's decision in Dobbs v. Jackson in our Commonwealth, we will continue to fight these attacks on reproductive and gender-affirming care with meaningful action."

Under the legislation, physicians, nurses, physician assistants, pharmacists, psychologists, genetic counselors and social workers are insulated from legal action in Massachusetts courts as a result of providing health care services which are legal in Massachusetts. This language specifically protects reproductive and gender-affirming health care, which has been the target of 'bounty-style' laws passed in states like Texas and Oklahoma that seek to limit this critical care beyond their states' borders. This bill also allows anyone who faces abusive litigation in another state for providing legally protected reproductive and gender-affirming care services to sue in Massachusetts court to obtain a judgment, including actual damages, expenses, costs, and reasonable attorney's fees.

The Governor would be prevented under the legislation from extraditing someone to another state to face charges for an abortion, gender dysphoria treatment, or another protected service, except when required by federal law or unless the acts forming the basis of the investigation would also constitute an offense if occurring entirely in Massachusetts. Massachusetts law enforcement agencies would also be prohibited from assisting any investigation by federal authorities, another state, or private citizens related to legally protected reproductive and gender-affirming health care provided in the Commonwealth. Courts would similarly be barred from ordering anyone in Massachusetts to testify or produce documents for lawsuits involving those practices, and judges could not issue any summons in a case concerning those health care services unless the offense in question would also violate Massachusetts law.

An amendment was adopted during debate which requires public higher education institutions to work with the Department of Public Health (DPH) to create a medication abortion readiness plan which must provide medication abortion at a health center on campus or provide a referral to a nearby healthcare facility offering abortion health care. It also creates a trust fund for public higher education institutions to support the implementation of their medication abortion readiness plans.

"I was proud to join my Senate colleagues today in passing this critical legislation to further protect and expand access to reproductive healthcare in Massachusetts," said Senator Jason M. Lewis (D-Winchester), lead sponsor of the amendment to work with public higher education institutions to support medication abortion plans. "I am especially pleased that the bill includes expanding access to medication abortion services on our public college and university campuses to help students overcome the significant barriers to care that many face today."

In response to stories about women not receiving access to abortion care in Massachusetts currently allowed under the existing state law, an amendment was adopted to clarify the circumstances that treating physicians must consider when determining whether to provide later-in-pregnancy abortion care. The amendment requires such determinations to be made by the treating physician and patient. To ensure hospitals are complying with the law, the amendment also requires health care facilities providing these services to file their procedures and processes for providing services consistent with the law with DPH.

"Later in pregnancy abortions are extremely rare, but often occur because of devastating, heartbreaking circumstances, such as the inability of the fetus to survive outside of the womb," said Senator Patricia D. Jehlen (D-Somerville), lead sponsor of the amendment to clarify law on later-in-pregnancy abortion care. "So that no pregnant person is denied the reproductive care they may desperately need here in the Commonwealth, I was proud to sponsor this amendment, which strengthens and clarifies the language of the ROE Act, and makes sure that hospitals providing later in pregnancy abortions ensure that the physician and patient are able to make the determination about the best course of care."

Additional amendments would identify areas of the state with limited abortion access to increase care to those areas and allow pharmacists to prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives.

Senate Bill 2996 implements a statewide standing order to ensure that emergency contraception can be dispensed at any pharmacy in the Commonwealth. In addition, the legislation requires the Group Insurance Commission (GIC) and commercial health insurance carriers to cover abortions and abortion-related care and ensure Massachusetts patients are not charged a cost-sharing amount, such as deductibles, copayments, or similar charges, for such coverage. It also requires MassHealth to cover abortion and abortion-related care and ensures enrollees are not charged a cost-sharing amount for prenatal care, childbirth, postpartum care, abortion or abortion-related care.

The bill also allows individuals engaged in the provision, facilitation, or promotion of reproductive and gender-affirming health care to enroll in the Secretary of the Commonwealth's Address Confidentiality Program (ACP). This action will increase the safety of those who may face threats or violence outside of the workplace in their personal lives or at their residences.

With a version of An Act expanding protections for reproductive and gender-affirming care having passed both branches of the legislature, a conference committee will be appointed to resolve differences between the bill's two versions.

Find the text of S.2996 -> https://malegislature.gov/Bills/192/S2996

MA Senate Passes Legislation Expanding Protections for Reproductive and Gender-Affirming Care

MA Senate Passes Animal Welfare Legislation

Senate passes bills to prevent inhumane treatment of puppies and kittens, encourage adoption of research animals, and enforce hunting regulations for endangered and threatened species

The Massachusetts State Senate on Monday passed three bills which promote animal welfare. S.2994 An Act protecting the health and safety of puppies and kittens in cities and towns ensures the safety of puppies and kittens during breeding, sale, and boarding. S.2992 An Act Protecting Research Animals, previously passed by the Senate in 2018 and commonly known as the 'Beagle Bill', encourages research facilities that use dogs and cats to offer these animals up for adoption after finishing research, rather than automatically euthanizing them. Finally, S.2993 An Act further regulating the enforcement of illegal hunting practices takes measures to discourage the illegal hunting and sale of game animals, including endangered species. 

"As a lifelong animal lover and owner, I am acutely aware of the importance of protecting the Commonwealth's animals, whether in our homes, in kennels and shared facilities, or in nature," said Senate President Karen E. Spilka (D-Ashland). "I am also grateful for the advocates and Senators who worked to get these bills to the Senate floor. Thank you to Senators Chandler and Rodrigues for working to protect the puppies and kittens of the Commonwealth, to Senators Lovely and Tarr for continuing to lead on pushing for the Beagle Bill, and Senator Moore for your work to strengthen poaching regulations."

"The passage of these bills today is reflective of our commitment to ensuring animal welfare, protecting dogs, cats and consumers, and further regulating the enforcement of illegal hunting practices that threaten the welfare and conservation of native species important to our ecosystems and economy," said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. "I want to thank the Senate President for prioritizing these bills, along with Senators Chandler, Moore, Tarr and others for their strong advocacy in support of protecting our animals and wildlife native to our Commonwealth."

"I am proud the Massachusetts Senate passed legislation prioritizing the protection of animals across our Commonwealth," said Senator Joan B. Lovely (D-Salem), Senate Chair of the Judiciary Committee. "The Beagle Bill will give research dogs and cats a second chance at life and bring Massachusetts in line with other states across our nation. We owe so much of human advancement to the service and sacrifice of these animals, and they deserve to be loved and cherished after a job well done. I am also pleased that the Senate passed bills that will protect local wildlife by preventing poachers from hunting, as well as to safeguard the health and safety of puppies and kittens in kennels and boarding facilities. Thank you, Senate President Karen Spilka, Chair Michael Rodrigues, Senate Minority Leader Bruce Tarr, and President Emerita Harriette Chandler for taking a stand to protect and advance the well-being of beloved animals and pets throughout Massachusetts."

"This bill has the potential to truly protect the wellbeing puppies and kittens in the Commonwealth, who will otherwise suffer without clear, mandatory regulations on their purchase, storage, and caretaking. I am proud that the Senate passed this legislation," said Senate President Emerita Harriette L. Chandler (D-Worcester), lead sponsor of the bill on safeguards for puppies and kittens.

"The 'Beagle Bill' will facilitate new relationships between research laboratories and non-profit animal rescue organizations which in turn will give these creatures a chance of life after the lab with a Massachusetts family," said Senator Bruce E. Tarr (D-Gloucester), Senate Minority Leader and lead sponsor of the Beagle Bill. "The Senate has taken the humane and right actions on these animal welfare bills and I look forward to the Governor signing them."

"As a former Environmental Police Officer, protecting animals has been one of my life's missions. The passage of these three bills is great news for pets and wildlife in our state," said Senator Michael O. Moore (D-Millbury), lead sponsor of the bill on illegal hunting. "The strong language of my anti-poaching legislation will go a long way toward protecting the Commonwealth's wildlife, marine life, and ecological systems, while ensuring those who wish to do harm to these fragile populations face consequences regardless of their home state. The protections provided by the other two bills passed today will ensure cats and dogs are treated humanely at every stage of their lives here in Massachusetts. I want to thank my colleagues, Massachusetts Senate Leadership, and the countless dedicated activists and volunteers who made this huge step forward in animal welfare in the state of Massachusetts possible."

Protecting Puppies and Kittens

An Act protecting the health and safety of puppies and kittens in cities and towns addresses inhumane practices relating to the transfer of pets. As separating puppies and kittens from their mother and litter prior to completion of their eight-week developmental socialization stage prevents them from learning important behaviors such as bite inhibition and the development of proper social relations with other members of their species, this bill prohibits the sale of puppies and kittens under eight weeks of age. To promote continued wellbeing of puppies and kittens in group settings, this legislation tasks the Department of Agricultural Resources (MDAR) with creating Massachusetts' first state-wide oversight regulations and licensure requirements of breeders, doggie daycare, and boarding facilities. The bill also ends the sale of animals on roadsides, parking lots, flea markets, or in other public spaces.

Beagle Bill

According to the U.S. Department of Agriculture, nationally more than 60,000 dogs, almost all beagles, and nearly 20,000 cats are used each year to advance scientific research and to test cosmetics, pharmaceuticals, and other household products. Currently, many research labs choose to automatically euthanize these cats and dogs once their experiments are over. An Act Protecting Research Animals, commonly known as the 'Beagle Bill', facilitates a relationship between animal research laboratories and registered non-profit animal rescue organizations and requires that when these animals are no longer needed, the research facilities make every effort to place animals up for public adoption.

Illegal Hunting

Massachusetts is currently experiencing historically unprecedented losses of species diversity, with much of the state's wildlife increasingly vulnerable to human activities like climate change and illegal hunting.  An Act further regulating the enforcement of illegal hunting practices aligns Massachusetts poaching regulations with other states, to better protect fish, birds, mammals, and endangered or threatened species.  This bill also brings Massachusetts into the Interstate Wildlife Violator Compact, which helps states to work together to prevent illegal hunting across state lines.

Having passed the Senate, An Act protecting the health and safety of puppies and kittens in cities and towns now goes on to the House of Representatives for further consideration. As An Act further regulating the enforcement of illegal hunting practices and An Act Protecting Research Animals have passed both branches of the legislature, a conference committee will be appointed to resolve differences between the bill's two versions, if any.

S.2994  https://malegislature.gov/Bills/192/S2994

S.2992   https://malegislature.gov/Bills/192/S2992 

S.2993  https://malegislature.gov/Bills/192/S2993 

MA Senate Passes Animal Welfare Legislation

"more is being added to the Legislature’s joint to-do list than is being crossed off of it"

"WITH JUST 24 days left to pass significant legislation until the House and Senate hibernate until early 2023, more is being added to the Legislature’s joint to-do list than is being crossed off of it.

The House on Thursday added two issues to the pile of matters that lawmakers will try to address before the July 31 end of formal sessions: a bill extending some pandemic-era policies that diverges dramatically from the Senate’s version of that legislation, and a broad veterans bill that not only takes a different path than the Senate but would also expand legal gambling to include slot machines at veterans’ organizations. "

....

"Most significantly, the Senate approved extending policies dealing with remote or virtual participation and the ability for assisted living nurses to provide basic health services to residents until Dec. 15, 2023 but the House bill would limit the extensions to March 31, 2023. The House bill also includes provisions specific to notaries public and real estate property closings that were not in the Senate bill."

Continue reading the article online

https://commonwealthmagazine.org/state-government/house-approves-veterans-bill-pandemic-policy-extensions/

House legislation link -> https://malegislature.gov/Bills/192/H4991 

Senate legislation link -> https://malegislature.gov/Bills/192/S2985

"more is being added to the Legislature’s joint to-do list than is being crossed off of it"

In this "Making Sense of Climate" episode - Brookline’s initiative, heat pumps, gas leaks, and the health and financial implications of these (audio)

FM #801 = This is the Franklin Matters radio show, number 801 in the series. 

This session of the radio show shares my conversation with Ted McIntyre, Franklin resident and climate activist. We recorded this via the Zoom conference bridge Thursday, May 19, 2022.  

Ted and I are joined by Lisa Cunningham and Wendy Stahl. They are climate activists and co-founders of ZeroCarbonMA.org/ 

This discussion continues our journey understanding the MA roadmap toward net zero and while it helps me “make sense of climate”, we hope it helps with your understanding as well. 

If you have climate questions or Franklin specific climate questions, send them in and we’ll try to answer them in a future session.  Wendy and Lisa are also happy to answer questions.

The recording runs about 50 minutes, so let’s listen to my conversation with Ted, Lisa, and Wendy as we discuss Brookline’s initiative, heat pumps, gas leaks, and the health and financial implications of these.  

Audio file -> https://franklin-ma-matters.captivate.fm/episode/fm-801-making-sense-of-climate-10-05-19-22 

--------------

Contact information

* for Lisa or Wendy use  info@zerocarbonma.org  

* Conference committee members (3 from MA House & 3 from MA Senate)

House of Representatives: 

• Roy - https://malegislature.gov/Legislators/Profile/JNR1 

• Chan - https://malegislature.gov/Legislators/Profile/T_C1 

• Jones - https://malegislature.gov/Legislators/Profile/BHJ1 

 MA Senate: 

• Barrett - https://malegislature.gov/Legislators/Profile/MJB0 

• Creem - https://malegislature.gov/Legislators/Profile/CSC0 

• Tarr - https://malegislature.gov/Legislators/Profile/BET0 

Articles referenced

Stanford Study on gas leaks   

https://news.stanford.edu/press-releases/2022/03/24/methane-leaks-mues-fix-available/

and

https://woods.stanford.edu/news/stanford-scientists-find-climate-and-health-impacts-natural-gas-stoves-are-greater-previously

RMI article on gas stoves  https://rmi.org/insight/gas-stoves-pollution-health/ 

And to buy a low-cost induction cook plate to try induction cooking 

https://www.nytimes.com/wirecutter/reviews/best-portable-induction-cooktop/ 

We recommend the least expensive “no frills” – works great!  And cast iron pans are magnetic and low cost (Ikea and Amazon also have low-cost magnetic/induction cookware).  

Globe article on Senate Drive Forward act

https://www.bostonglobe.com/2022/04/07/science/senate-unveils-sweeping-climate-bill/

Electrify your home guide  https://www.rewiringamerica.org/electrify-home-guide 

IPCC report “Code Red”  “The alarm bells are deafening, and the evidence is irrefutable."  

https://news.un.org/en/story/2021/08/1097362

Mass Clean Energy Center (MCEC) on heat pumps  https://www.masscec.com/blog/2021/09/13/masscec-pilot-showcases-success-whole-home-heat-pumps 

Talking Points on Section 65 of the Senate’s Drive Act (S. 2842)

https://docs.google.com/document/d/1XCxBnnmgBaGkDEsziqhzAgASJLCoOqxhUe5VZKF-9EY/edit 

Text of the MA Senate Drive Act 

https://malegislature.gov/Bills/192/S2819/BillHistory?pageNumber=2   or here

https://drive.google.com/file/d/1TDKb_6gw9HjE8q7ZPbU2hhM9ZS1mU6q9/view?usp=sharing 

See the page that collects the “Making Sense of Climate” episodes -> https://www.franklinmatters.org/2022/02/making-sense-of-climate-collection.html 

--------------

We are now producing this in collaboration with Franklin.TV and Franklin Public Radio (wfpr.fm) or 102.9 on the Franklin area radio dial.  

This podcast is my public service effort for Franklin but we can't do it alone. We can always use your help.

How can you help?

• If you can use the information that you find here, please tell your friends and neighbors

• If you don't like something here, please let me know

Through this feedback loop we can continue to make improvements. I thank you for listening.

For additional information, please visit Franklinmatters.org/ or www.franklin.news/

If you have questions or comments you can reach me directly at shersteve @ gmail dot com

The music for the intro and exit was provided by Michael Clark and the group "East of Shirley". The piece is titled "Ernesto, manana"  c. Michael Clark & Tintype Tunes, 2008 and used with their permission.

I hope you enjoy!

------------------

You can also subscribe and listen to Franklin Matters audio on iTunes or your favorite podcast app; search in "podcasts" for "Franklin Matters"

ZeroCarbonMA.org/

Mass Senate Passes CROWN Act

The Massachusetts State Senate on Thursday unanimously passed the Creating a Respectful and Open World for Natural Hair (CROWN) Act, which prohibits discrimination based on natural and protective hairstyles in workplaces, school districts, and any school-related organizations.

 

“We must never forget how long and hard the struggle for true racial justice has been for Black and brown residents of Massachusetts, which is why I am proud the Senate listened to the voices of those residents and passed this critical legislation as one step toward breaking down discriminatory barriers,” stated Senate President Karen E. Spilka (D-Ashland). “The CROWN Act ensures that discrimination based on one’s hair style, which largely impacts Black residents, has no place in professional or school settings in the Commonwealth. I am grateful to Mya and Deanna Cook, who stood up and fought hard to right this wrong for Black women and girls across the state. I want to thank Senators Gomez, DiDomenico, Rodrigues, Lewis and Edwards, as well as their staff members, for their work on this issue, as well as all the advocates and allies for their collaboration. I look forward to seeing it signed into law soon.”

 

“Natural hairstyles should be celebrated, not discouraged, and I’m proud to be standing with my colleagues in the Senate today to pass the CROWN Act,” said State Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “Thanks to the leadership of Senate President Spilka, Senator Gomez, Senator DiDomenico, advocates and many others, we are taking an important and long overdue step to prohibit discrimination based on natural and protective hairstyles. I applaud the Senate for taking action today and look forward to seeing this bill advance to the Governor’s desk and become law in the near future.”

"Today's passage of the Crown Act is a symbol from the Massachusetts legislature that we stand with women of color who have experienced hair discrimination," said State Senator Adam Gomez (D-Springfield). "As a father to young women of color this legislation means a great deal to me, but legislation is just the first step. In order to change hearts and minds, you have to ensure that people know that this exists, that it is deeply wrong, and that it is something that many women of color have lived experience with. I would like to acknowledge the incredible activists who have brought this to the forefront of our minds this legislative session, my colleagues who co-filed the bill with me and championed it in both branches - Senator DiDomenico, Representative Tyler and Representative Ultrino, and Senate President Spilka and Chair Rodriguez for bringing it to the floor today for a vote. This was truly a team effort, and I am thrilled we were able to get it to the finish line."

 

“Far too many people, especially Black women and children, experience race-based hair discrimination,” said Senate Assistance Majority Leader Sal DiDomenico (D- Everett). “I am incredibly grateful to the advocates who worked to pass this bill and especially our young students who shared their stories about how they have experienced hair discrimination in their daily lives. We are certainly overdue to pass this legislation, but I am proud that we are finally taking this step today and making clear that natural hairstyles should be celebrated, not discouraged.”

 

“The CROWN Act addresses yet another structural racism issue in our society, by prohibiting hair discrimination traditionally directed at Black women, thereby helping eradicate unjust policing in the workplaces and schools. I was very pleased to report the CROWN Act favorably from the Judiciary Committee earlier this year, and I'm grateful to Senate President Karen Spilka for bringing the bill up for a vote in the Senate today,” said Senator Jamie Eldridge (D-Acton), Senate Chair of the Joint Committee on Judiciary.

 

“On the long march toward justice, and especially racial justice, the Senate’s unanimous passage of this legislation marks another step forward,” said Senator Jason Lewis (D-Winchester). “We would not be at this point without the great courage and strength of Mya and Deanna Cook, who as 15-year-old students faced discrimination and abuse from their high school for their hairstyles, and bravely stood up for their rights and those of so many other black women.”

 

“Today, an African American woman with natural hair voted on the Crown Act. This is a perfect example of when the personal becomes political, said Senator Lydia Edwards (D-East Boston). I am grateful to Maya and Deanna and so many black women who spoke up through and for our hair. This makes our commonwealth stronger and affirms our belief that we should be judged on the content of our character.  Today’s politics is especially a blood sport so to see both houses and both parties come together for Justice is especially meaningful.”

 

“As a racial equity champion who developed the legislative and social impact strategy for the national CROWN Act movement on behalf of the CROWN Coalition, I applaud today’s Senate vote”, said Adjoa B. Asamoah, CROWN Coalition Co-Creator. “Tackling injustice and protecting people’s civil rights require moral leadership. I thank Representative Steve Ultrino who championed the bill in the House with cosponsor Representative Chynah Tyler, in addition to Senators Adam Gomez and Sal DiDomenico for their leadership and partnership to outlaw race-based hair discrimination in Massachusetts.”

The CROWN Act would prohibit discrimination based on hairstyles by incorporating hair texture, hair type and protective hairstyle into the definition of race in the Massachusetts General Laws. The protection means that no school district, school committee, public school, nonsectarian school, or any equivalent school organizations, can adopt or implement policies that would impair or prohibit a natural or protective hairstyle that has been historically associated with one’s race.

 

If signed into law, Massachusetts would become the fifteenth state to adopt the CROWN Act. The legislation was inspired in part by sisters Mya and Deanna Cook, who as teens gained national attention after successfully overturning their school policy which had barred them from taking part in school activities.

 

The Senate also added a provision that would include the Massachusetts Interscholastic Athletic Association to the list of school entities banned from adopting and implementing restrictions on natural hairstyles. This change will ensure that those participating in sports and extracurricular activities will not be asked to change their natural or protective hairstyles in order to participate.

 

The legislation authorizes the Massachusetts Commission Against Discrimination oversight to create and adopt rules, regulations, policies, and recommendations that may be necessary to implement this legislation.

 

During Thursday’s session, the Senate also passed an extension of its emergency rules adopted during COVID-19 which allowed for such transparency and accessibility measures like remote voting procedures for Senators through August 1, 2022. The Senate also passed An Act Relative to Temporary Registration Plates, which requires the Registrar of Motor Vehicles to design, issue and regulate the use of temporary registration plates for out-of-state drivers looking to transport a vehicle to their state of residence.

 

A version of An Act Prohibiting Discrimination Based on Natural and Protective Hairstyles having passed the Massachusetts House of Representatives, both branches will now work together on compromise legislation before advancing a final version to the Governor. 

Link to the Legislation text -> https://malegislature.gov/Bills/192/H4554

Boston Globe coverage ->  https://www.bostonglobe.com/2022/03/31/metro/bill-banning-hairstyle-bias-approved-by-massachusetts-senate/

Mass Senate Passes CROWN Act

MA Senate Passes $1.65 Billion Supplemental Budget

The Massachusetts State Senate on Thursday (3/24/22) passed a $1.65 billion supplemental budget for Fiscal Year 2022 (FY22). The legislation makes investments in the state’s long-term COVID-19 response; addresses staffing shortages in schools; provides support for home and community-based services, assistance and protections for families experiencing housing and energy insecurity; funds winter road improvements; extends outdoor dining services as well as beer, wine and cocktails to-go, and provides for the resettlement of Ukrainian refugees in Massachusetts. Notably, the bill also would divest the state pension fund from Russian assets in response to the Russian war in Ukraine.

 

“Massachusetts has avoided the worst of the financial downside from this pandemic and its effects thanks to a history of careful financial planning and consistent investment in those programs and services which support public health and build resiliency in our communities and our Commonwealth,” said Senate President Karen E. Spilka (D-Ashland). “Today’s supplemental budget continues this trend by providing targeted funding to healthcare, housing, education, and transportation needs. Importantly, this budget ensures that Massachusetts can continue to offer sanctuary to refugees fleeing from violence abroad even as war continues in Ukraine. Thanks to an amendment championed by Senator Comerford, we are also investing crucial funding to the Massachusetts Office of Victim Assistance to continue providing victim services, including children’s advocacy centers and sexual assault programs. I want to thank Chair Rodrigues and his staff, the members of the Senate Ways and Means Committee, and my colleagues for their work to ensure that the needs of Massachusetts residents are met.”

 

“The passage of this supplemental budget today addresses a number of time sensitive needs as we look to simultaneously support our ongoing response to COVID-19, while continuing our Commonwealth’s recovery,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “Thanks to Senate President Spilka’s leadership and the overwhelming support of the Senate membership, we made clear with the passage of this supplemental spending plan that we will always prioritize protecting our most vulnerable populations, supporting our health care and education workforce, investing in local infrastructure needs and taking the necessary steps to ensure vital public services will be available and accessible to all who need them across the Commonwealth as we recover from the impacts of the pandemic.” 

 

Responding to COVID-19

To mitigate the spread of COVID-19 and ensure robust preparation in the event of a future variant outbreak, the bill invests $700 million for the state’s COVID-19 response. This funding would ensure the continued no-cost availability of crucial services offered to residents during the pandemic, including on-site testing, vaccinations, and treatment, as well as public health staffing needs resulting from COVID-19.

 

To further protect families facing housing challenges, the supplemental budget extends through March 2023 several protections for tenants experiencing COVID-19-related financial hardship, including extending the requirement that a court grant a continuance in an eviction case for nonpayment of rent when the tenant has a pending rental assistance application.

 

The supplemental budget also extends popular pandemic-related provisions including outdoor dining services, and beer, wine and cocktails to-go through April 2023. The legislation also extends COVID-19 related bonuses for members of the Massachusetts National Guard.

 

Responding to Russia’s Invasion of Ukraine

The supplemental budget responds to the Russian Federation’s February 2022 invasion of Ukraine and the subsequent violence against Ukrainian civilians. An amendment unanimously adopted on the floor of the Senate requires the Commonwealth's Pension Reserves Investment Management (PRIM) Board to divest any holdings from companies officially sanctioned by the Biden administration or incorporated in Russia. The supplemental budget also allocates $10 million for the Office of Immigrants and Refugees to support the resettlement of international evacuees, including Ukrainian evacuees.

 

Housing and Energy Assistance

The supplemental budget includes several provisions relating to housing stability and support for individuals currently experiencing or near homelessness. The Senate proposal includes $100 million for the Residential Assistance for Families in Transition (RAFT) program which provides eligible families with funds that they can use to keep their housing or obtain new housing. One amendment added to the budget on the Senate floor would increase the cap of the RAFT program to $10,000 for the remainder of the fiscal year. Another amendment clarifies existing law to ensure that in all eviction cases where the only valid reason for the eviction is nonpayment of rent, that the tenant has access to protections. The supplemental budget also dedicates $20 million to the Low-Income Home Energy Assistance Program (LIHEAP), which provides crucial assistance to families facing high utility bills. To increase oversight, the bill also directs the department of housing and community development to make detailed quarterly reports on the state's eviction diversion initiative.

 

The supplemental budget allocates $2.8 million for rates at shelters for homeless individuals and also ensures that down payment assistance funds received from the Massachusetts Housing Finance Agency or the Massachusetts Housing Partnership will not be considered taxable income.

 

Health Care & Mental Health

The bill allocates $346 million in federal American Rescue Plan funding for Home- and Community-Based Services (HCBS) resources to ensure that eligible Medicaid users throughout the Commonwealth are able to receive health care and medical services in their own homes or local communities.  Alongside this investment, the bill also appropriates $55 million in state resources to support reimbursement rates for human and social service providers that have also been doing crucial work during the pandemic. To address the crisis of mental health care, the bill also dedicates $10 million to suicide prevention and intervention services, focused on staffing and other resources at crisis centers, and the establishment of a statewide 988 suicide prevention hotline.

 

An amendment adopted to the supplemental budget allocates $24 million of the state’s American Rescue Plan Act (ARPA) funds specifically for the creation of new behavioral health and substance use disorder treatment beds.

 

Education

In response to reports of staffing shortages in public schools, the supplemental budget includes a provision authorizing the Commissioner of Elementary and Secondary Education to issue emergency educator licenses until 180 days after the end of the public health emergency. For private special education schools operating under Chapter 766, the budget allocates $140 million to fill immediate staffing needs.

 

Other funding items of note include:

 

• $100 million for a new Winter Road Recovery Assistance Program for cities and towns to repair potholes and roads and bridges worn down by adverse weather conditions.
• $20 million for Victim of Crime Act (VOCA) funding which supports no-cost counseling, advocacy, and intervention services to victims of crime, thereby covering the immediate needs of the Victim and Witness Assistance Board as they are experiencing a shortage of federal funding
• $10 million for Emergency Aid to the Elderly, Disabled and Children (EAEDC)
• $8.4 million for Department of Children and Families foster family rates
• $8 million for Early Intervention staff stabilization supports
• $5 million for state election costs
• $5 million for the Department of Mental Health to expand clientele housing supports
• $1.8 million for mental health services for international evacuees resettled in the Commonwealth
• $1.7 million for state park investments, including water safety initiatives
• $609,000 for additional staffing to implement the Next Generation Roadmap for Massachusetts Climate Policy legislation, which was passed early in the session
• $500,000 to expand the capacity of the Commission on the Status of Women

 

A version of this legislation having previously passed the House of Representatives, the differences will need to be worked out by the branches before advancing to the Governor’s desk

Download a copy of this news release as a PDF ->   https://drive.google.com/file/d/1JzBjct6Z59qDJYspTuGQ643FW_42zW5A/view?usp=sharing

MA Senate Passes $1.65 Billion Supplemental Budget