Legislative Session Update
The Massachusetts House and Senate concluded their formal deliberations on July 31st for the current legislative session. Under their rules, the Legislature cannot take recorded electronic roll call votes on any legislation from August through December but can continue to pass non-controversial legislation during those months on unanimous voice votes. During the next five months, any legislator can object to the consideration of a bill that will terminate debate on the issue. As a result, all complicated, or contentious proposals that were not adopted by the end of July are unlikely to be considered during the remaining 5 months of the session.
Housing Bond Bill Approved
On the last day of the session, the Legislature approved and sent to the Governor a Housing Bond Bill that will allocate over $5 billion for the construction and renovation of new housing units across Massachusetts. This bill authorizes the construction of Accessory Dwelling Units as a matter of right in all communities. The bill also allows property owners to subdivide their land to create new buildable lots. The new lot must contain at least 10,000 square feet and provide 75 feet of frontage. A builder can build a single-family residence no larger than 1,850 square feet and no more than 3 bedrooms. This proposal is designed to free up more buildable lots in the older more congested communities in Massachusetts. This bill does not contain the proposal advocated by House Speaker Mariano that would have dedicated $1 billion towards the expansion of the MWRA which the Speaker believes would have expanded housing construction opportunities in those communities that are currently suffering from limited access to sufficient water supplies. The Speaker has vowed to continue to advocate for this water infrastructure expansion in future legislative proposals.
Economic Development Bills Stalls at End of Session
The Legislature were unable to reach an agreement on an economic development bill that sought to appropriate $3.5 billion for local and statewide capital construction projects. The bill included a provision that would have established a task force to study the issues relative to pending legislative proposals that would allow retailers to impose a surcharge on customers who use credit cards for the purchase of goods and services. The Legislature has balked at approving the use of the surcharges allowed in most states across the country. The study is designed to better inform legislators of the financial impact of these proposals on consumers and the business community. Both the Senate President and House Speaker have promised to continue work on this legislation over the next five months and have expressed confidence that they can reach an agreement that is acceptable to all legislators during. The Legislature previously approved an economic development bill during an informal session, as a result, there is some precedent for their optimism on advancing this legislation.
Governor Signs Salary Range Disclosure Legislation
Governor Healey has signed legislation that will require employers with 25 or more employees to post the salary range for each new job posting notice. The notice must be made to both internal and external job candidates. Employers will also be required to provide existing employees with the salary range for their existing position upon their request. The law will provide employers 2 days to correct a violation of this section to avoid penalties for the violation. The law does not provide for triple damages for violations as are required for most other wage law violations. This law takes effect on August 1, 2025.
Status of Bills of Interest
With the end of the formal session, many of the bills of interest to the MRLDA will likely not be advanced in the informal session due to their complexity and to the opposition from the MRLDA and other interested parties. These bills include:
- Local option Sprinkler Codes – this bill would allow local communities the option of requiring the installation of sprinkler systems in one and two-family homes. The House of Representatives passed this legislation in July, but the State Senate has not shown any interest in advancing this proposal.
- Local Surcharge on Motor Vehicle Excise Taxes – Governor Healey filed a proposal that would have enabled cities and towns to add an additional 5 percent surcharge on the existing motor vehicle excise taxes. The House and Senate leadership have not shown any interest in advancing this legislation.
- Regulating the Use and Storage of Consumer Data – Legislation was reported out favorably from the committee that would have imposed new strict requirements on how businesses collect, use, and store their consumer data. This bill would have limited how long a business can store their customer’s data and would have allowed a consumer to direct a business to delete their transaction history. This bill did not advance in either the House or Senate and likely will not be considered in the informal sessions due to the significant opposition by numerous business trade associations.
- CDL Safety Rules – The Committee on Transportation gave initial approval to legislation that seeks to impose new regulations and penalties to govern CDL moving violations. The bill would establish new license suspension penalties for drivers who have multiple serious traffic violations. It would also enable the Registrar of Motor Vehicles to revoke without any driver’s CDL whenever the Registrar determines the driver has committed a violation of a nature which would give the Registrar reason to believe that the continued operation by the driver would constitute an immediate threat to the public safety. All businesses that employ truck drivers would also be required to participate in the RMV’s Driver Verification System. It is unlikely that this bill will be considered for the remainder of the current legislative session
- Paint Recycling Program – The Committee on Natural Resources approved a comprehensive material recycling program that includes a provision that would require paint manufacturers to implement a paint recycling program. Retailer participation in this program would be voluntary. The bill would not require retailers to impose any additional fees on consumers as part of this proposal. This legislation is pending before the House Committee on Ways and Means and is not expected to be considered for the remainder of the session.
- Spanish Language Hoisting Exams – The MRLDA supported legislation that would have directed the state to make exams for hoisting equipment available to Spanish and Portuguese speaking workers. This bill was approved by the Committee on Labor and Workforce Development and referred to the Senate Committee on Ways and Means. A proposal to study the cost and safety implications of this legislation was rejected by the Senate when it was offered as an amendment to the Senate’s version of the Economic Development Bill. We will continue to work with the members of the Legislature to advance this legislation.