MA Lawmakers Conclude Formal Session:

Under New Rules, Likely to Return with Major Votes this Fall

The MA House and Senate adjourned at 11:30 PM on July 31^st, ending formal session for this legislative cycle – sort of.  The last day of July in even numbered years has historically been a busy and chaotic day on Beacon Hill.  However, thanks to a Joint Rules change adopted last year, legislators now have additional time to resolve major differences in pending legislation. 

Under the old rules, formal session ended on July 31, and the Legislature would continue to meet in informal session until the end of the year, where typically only non-controversial matters could be handled, with no roll call votes taken and the objection of any one member could block the further progress of any bill.  Under the new rules, July 31 was still an important deadline (signaling the end of the road for most legislation left undone), but the Legislature may now still meet in formal session after July 31 in the second year of the session to take up reports of conference committees formed on or before July 31^st, appropriation bills filed after July 31^st, and gubernatorial vetoes or amendments.

Most of the priority issues RAM has been engaged in, and continues to work on, did all make it into conference committee.  The resolution of those issues will be subject to continued negotiations this fall.  Bills having passed both branches and now still pending before conference committees include:

• Consumer Data Privacy – major differences between the House and Senate bills include enforcement provisions and data minimization standards, with RAM also seeking to protect the ability of retailers to offer and maintain valued customer loyalty programs 

• Economic Development Bond Bill – both House and Senate bills include the RAM priority provision to expand the small business sales tax exemption on energy sales; concerns remain with the House proposal to establish the mandatory Secure Choice Retirement savings program

• Environmental Bond Bill – policy differences include provisions in the Senate bill to ban plastic checkout bags and impose a $0.10 tax on paper bags, to restrict the availability of plastic food service wares, ban black plastic food wares entirely, and to establish a paint EPR proposal that would add a $1.45 tax onto every gallon of paint; the House bill advances a mattress EPR proposal

• Energy Affordability – RAM prefers the House bill which seeks Mass Save Program reduction savings, while the Senate bill seeks “savings” in debt securitization and the elimination of the gas system maintenance program (GSEP)  

• Primary Care – both bills look to reset priorities in the health care system by establishing minimum spending targets on primary care, with disagreement on the target and timeline; House bill includes a provision to assess the prevalence of pharmacy deserts and requires pharmacies to provide 60-day notice prior to closure to the Board of Pharmacy

• Pet equity, treatment & safety – the Senate bill includes language to prohibit the commercial sale of cats and dogs in Massachusetts pet stores

RAM has and will continue to communicate with legislators and members of the conference committees to ensure that the retail industry and our members’ concerns are heard. 

Additional conference committees remain active on public records, cell phones in schools and social media regulation, campaign finance and more.  Prior to the adjournment of the session, legislative agreements were reached and final bills sent to the Governor on immigrant protection (the PROTECT Act, establishing limits on state and local collaboration with ICE), home care licensure, and child welfare.

The State House is traditionally quiet in August, with discussions likely to intensify on the remaining unresolved issues after Labor Day, but talks could continue up to and even after the election.