August 7, 2024

MA Legislature concludes Formal Sessions…
yet more work lies ahead in Informal Sessions, possible Special Session

 
 
The MA Legislature blew past their own July 31^st midnight deadline, adjourning at 10:00 AM on August 1^st, concluding formal sessions for this year following contentious overnight discussions on several bills that, ultimately, did not advance.

The Legislature will continue to meet in informal session until the end of the year, where typically only non-controversial matters are handled, as there are no roll call votes taken and the objection of any one member can block the further progress of any bill. 
 
The final days of the session saw action on some legislative priorities, land takings and local bills, but some higher profile items, such as the Economic Development Bond Bill, did not move out of conference.  The House and Senate at one point in the final day had twelve active conference committees before them, and a handful of other bills of interest to RAM members and others in the employer community which had passed one branch of the Legislature and not the other – but that were viewed as being in play.  Three conference committee reports were finalized, enacted and sent to the Governor for her review.  The rest remain in differing stages of legislative limbo.  House and Senate leaders remain optimistic at being able to get some additional legislation passed during informal sessions and are discussing the possibility of a special session to handle the Economic Development Bond Bill if an agreement can be reached. 
 
What didn’t get done:

• Legislation to authorize additional Boston Liquor Licenses
• H.4696 proposes adding 250
• S.2903 proposes adding 264
• Boston has been at its cap on permits for many years

• Multiple health care related matters – all remain in separate conference negotiations
• Prescription Drugs / PBM regulation
• Health care market review process and addressing the Steward Hospital crisis
• Long-Term Care reform
• Maternal health
• Substance abuse and addressing the Opioid Crisis

• Climate & Clean Energy
• Siting and permitting of new clean energy facilities/projects
• The Senate bill includes an expanded Bottle Bill, which RAM has long opposed, raising the deposit from $0.05 to $0.10 per container, and expanding the deposit from just beer and soda to apply to most beverage containers

• Economic Development Bond bill
• RAM supported language allowing worker’s compensation self-insured groups to use monthly installment payments plans for policy premiums is included in both bills

 
What did get done?
 

• $5.1B Housing Bond Bill (H.4977) – the final bill was stripped of most major policy proposals of any controversy, including the proposed real estate transfer tax
• H.4976, An Act honoring, empowering, and recognizing our servicemembers and veterans
• H.4970, An Act to ensure legal parentage equality

 
Also, in the final days, conference reports were previously finalized and subsequently signed into law by Governor Healey on an IT Bond Bill, Gun law reforms, and wage transparency.  H.4890, An Act relative to salary range transparency, requires the following of employers:
 

• Estimated salary range disclosure required in job postings, position changes, and upon request for employers of 25 or more
• Federally required Equal Employment Data to be filed with the secretary of state’s office by employers of 100 or more
• Enforcement authority lies with the Attorney General, with a public awareness campaign of 6 months
• Includes a limited “safe harbor” which provides a 2-business day right to cure, upon notice, of any defective posting for the first two years after implementation

 
And on Monday, July 29^th, Gov. Healey signed the FY25 budget into law.  RAM was disappointed to see that the final budget included the authorization of the use of debit cards to purchase lottery products, and to establish an online lottery.  RAM was named to a seat on the newly created stakeholder lottery modernization committee and plans on working with the Lottery Commission to make sure our members’ concerns are heard as the implementation moves forward.
 
On the environmental side, the House did NOT take up the Omnibus Plastics bill (S.2833) previously passed by the Senate, that included a ban on plastic checkout bags and a 10 cent fee on paper checkout bags, with 5 cents having to be remitted by merchants to the state.  The bill also prohibits the provision of disposable food service ware, unless requested by the customer, and bans black plastic food packaging unless packaged outside of the Commonwealth.  Legislation relative to EPR for packaging and paint also did not advance.  A narrow PFAS bill (H.4975) addressing the chemical’s presence and use in firefighter protective gear was taken up late on the final day and has now been signed into law.
 
Legislation relative to Data Privacy (H.4623) also failed to advance.  Boston Mayor Michelle Wu's commercial property tax shift proposal, opposed by RAM, passed the House but was not taken up in the Senate.  These and hundreds of other bills that did not make it across the finish line by the close of this last formal session, many of them detrimental to the retail industry, are still alive but face an uphill climb to gain momentum in any informal session.  We will continue to monitor the informal sessions for any movement, but members should also expect most to be back again next session.