Bill enhances oversight, requires outbreak planning, and creates an LGBTQ+ Bill of Rights

BOSTON — The Massachusetts Senate approved sweeping reforms to the Commonwealth’s long term care and assisted living sectors, taking a powerful step towards delivering the high quality and safe care that Massachusetts seniors deserve. Senator DiDomenico supported S.2889, An Act relative to long term care and assisted living, which substantially strengthens oversight and enforcement while also requiring facilities to create outbreak plans should a health issue arise.

The bill also creates an LGBTQ+ bill of rights for aging residents to prohibit discrimination based on their LGBTQ+ identity or HIV status. After robust debate, the bill passed 39-0.

“Our state’s older residents are invaluable members of our community, and it is of the highest importance that we ensure the best quality of life for people living in assisted living facilities,” said Senator Sal DiDomenico. “I am proud to support this legislative package that will move our state forward in helping ensure our long-term care and assisted living facilities are safe and providing quality care throughout the Commonwealth. We are all going to need some form of care when we get older, and it is our obligation in government to guarantee everyone has the right to age with dignity. I want to thank Senate President Spilka, Chair Rodrigues, and Senator Jehlen for shepherding this critical legislation through the Senate.”

The bill includes provisions related to basic health services administered in assisted living facilities and oversight of long term care facilities, including the following.

Assisted Living Basic Health Services. The bill makes it easier for residents of nursing homes and long term care facilities to get timely and efficient care by allowing Assisted Living Residences (ALRs) to offer basic health services such as helping a resident administer drops, manage their oxygen, or take a home diagnostic test. The legislation requires ALRs create service plans that demonstrate the residence has the necessary procedures in place, such as staff training and policies, to ensure safe and effective delivery of basic health services.

The legislation enhances oversight and compliance of ALRs by lowering the threshold for ownership interest disclosure from 25 per cent to five per cent. Under the new law, applicants are required to demonstrate that any prior multifamily housing, ALR, or health care facilities in which they had an interest met all the licensure or certification criteria. If any of these facilities were subject to enforcement action, the applicant must provide evidence that they corrected these deficiencies without revocation of licensure or certification.

This bill also gives the Executive Office of Elder Affairs (EOEA) new powers to penalize non-compliance by allowing them to fine ALRs up to $500 per day. This is in addition to existing EOEA powers to modify, suspend, or revoke a certification, or deny a recertification. Finally, it adds whistleblower protections for staff and residents who report anything happening at an ALR that they reasonably believe is a threat to the health or safety of staff or residents.

Long Term Care Facilities. The bill requires the Department of Public Health (DPH) to inspect each long term care facility every nine to 15 months to assess quality of services and compliance. It also requires DPH to review the civil litigation history, in addition to the criminal history, of the long term care facility applicants, including any litigation related to quality of care, patient safety, labor issues, or deceptive business practices.

S.2889 requires DPH to review the financial capacity of an applicant and its history in providing long term care in Massachusetts and other states. It requires applicants to notify DPH if it is undergoing financial distress, such as filing for bankruptcy, defaulting on a lending agreement, or undergoing receivership.

It allows DPH to limit, restrict, or revoke a long term care facility license for cause, such as substantial or sustained failure to provide adequate care, substantial or sustained failure to comply with laws or regulations, or lack of financial capacity to operate a facility. It also gives DPH the power to appoint a temporary manager if a long term care facility owner fails to maintain substantial or sustained compliance with laws and regulations. This manager would be brought on for at least three months, at the facility owner’s expense, to bring the facility into compliance.

The bill requires long term care facilities to submit outbreak response plans to DPH with clear protocols for the isolation of residents, lab testing, visitor screening, preventing spread from staff, and the notification of residents, family, and staff in the event of a contagious disease outbreak.

The bill prohibits long term care facilities from discriminating against residents based on LGBTQ+ identity or HIV status, whether through the denial of admission, medical or non-medical care, access to restrooms, or through room assignments. It also requires staff training on preserving LGBTQ+ rights and care.

Versions of the bill having passed both chambers of the Legislature, the two branches will now reconcile their differences before sending a bill to the Governor’s desk. 

###

Economic development bond authorizations set to boost to life sciences, climate tech, A.I., and small businesses

BOSTON — Senator Sal DiDomenico and his colleagues in the Massachusetts Senate unanimously passed a comprehensive economic development bill that makes bold investments in life sciences, climate tech, and small businesses, building on Massachusetts’ national leadership and creating an environment where businesses and workers thrive. DiDomenico secured $15 million in bond authorizations for local economic development projects in his district.

The legislation also included DiDomenico's language to remove a hazardous waste parcel of land at the power plant site in Everett from its status as a designated port area, enabling a process to move forward that could create a sports venue with public access to the waterfront. Senator DiDomenico is happy to see this language included that will allow the public process to move forward on a project that will be an economic catalyst and environmental win for our residents.

“I am excited to move this economic development legislation forward so we can invest in small businesses, life sciences, climate tech, and local projects in my district and throughout the Commonwealth,” said Senator DiDomenico, Assistant Majority Leader of the Massachusetts Senate. “There is also language in this bill that will help my community clean up a power plant site that has been a health and environmental hazard for decades. This will open up the possibility for hundreds of millions of dollars in private investment, cleanup of a hazardous waste site, create good paying union jobs, and open our waterfront for the public to enjoy. I want to thank Senate President Spilka, Chair Rodrigues, and Senator Finegold for their support, and I look forward to advocating for this bill until it is signed into law.”

The $2.86 billion in bonds authorized in An Act Relative to strengthening Massachusetts’ economic leadership will stimulate new and proven industries, support workforce development and talent retention, and modernize economic growth strategies. The support in S.2586 extends to small businesses, communities, and cultural development, ensuring that main street businesses across the Commonwealth benefit from the economic boost.

“Life sciences and climate technology are synonymous with Massachusetts because of the past decade of strong investment,” said Senate President Karen E. Spilka (D-Ashland). “The Senate’s action today ensures that we build on that leadership in the coming decade, amplifying the diverse and thriving economic ecosystem that enables people to stay in our state to build careers and families. I am grateful for Chair Finegold’s leadership on this bill, to Chair Rodrigues, and to each of my Senate colleagues for their input and action to strengthen our economy.”

The combination of investments, tax credits, and policy changes will position Massachusetts industries as global leaders at a moment when breakthroughs in science and technology are more important than ever.

Provisions of the legislation include:

Maintaining Massachusetts’ Life Sciences Leadership

While 18 of the top 20 biopharma companies now have ties to Massachusetts, the national ecosystem remains competitive.

The Senate’s economic development bill authorizes $225 million over five years for the Life Sciences Breakthrough Fund to reauthorize the Life Sciences Initiative, totaling $45 million annually. Known as “Life Sciences 3.0”, the reauthorization adds health equity, biosecurity, digital health, and artificial intelligence (AI) to the mission of the Life Sciences Center.

It redefines “life sciences” to include preventative medicine, biosecurity, life sciences AI, and medical technology. It also allows for awards and grants to public higher education institutions or public private partnerships.

Keeping Climate Tech Companies in Massachusetts

Massachusetts is first in the nation for per-capita climate tech startups—despite being outpaced in investment by New York and California—with 49 businesses per one million residents.

To incentivize these startups to stay in Massachusetts and continue to build their companies, the legislation provides $200 million for the Clean Energy Investment Fund to facilitate research and development, commercialization, and deployment of climate technologies. It adds a further $200 million for the Massachusetts Offshore Wind Industry Investment Trust Fund to support the growth of the offshore wind industry.

Additional incentives include a climate tech tax credit, a climate tech jobs credit, and a climate tech research credit.

Regional Equity

The legislation reflects the different needs of different communities and ensures none of the Commonwealth’s 351 cities and towns are left behind.

This will partly be accomplished through statewide targeted infrastructure improvements, with the bill authorizing $400 million for MassWorks public infrastructure projects that spur economic development and help support job creation, $100 million for the Rural Development Fund to provide financial assistance for infrastructure and community planning efforts in rural communities, $100 million for local economic development grants for economic development in cities and towns,  $90 million to support the redevelopment of underutilized, blighted, or abandoned buildings, and $10 million for the Broadband Incentive Fund for the capital maintenance of the MassBroadband 123 middle mile network.

In addition to infrastructure, the legislation recognizes the importance of local cultural and economic sites, providing $150 million for capital grants for public libraries, $50 million for the Cultural Facilities Fund, $40 million for Destination Development grants to support capital improvements of tourism assets, $15 million for a capital grant program to support the Commonwealth’s agriculture, commercial fishing, and cranberry growing industries, and $8 million for historical preservation grants through the Massachusetts Historical Commission.

Accelerating AI & Advanced Manufacturing Development

To position Massachusetts as a leader of the future economy, the bill includes provisions to further develop the rapidly growing AI industry as well as high-tech advanced manufacturing jobs.

It contains $115 million for the Massachusetts Tech Hub to establish key industry consortia across the Commonwealth, $100 million for the Applied AI Hub program to facilitate the application of AI, $99 million for flexible grants to support advanced manufacturing initiatives, and $25 million for capital grants to advance research, commercialization, and training in robotics.

Retaining Talented College Graduates

Outmigration is notably prevalent among students who graduate from Massachusetts colleges.  To keep them and their talent in the state, the legislation includes $85 million for the Massachusetts Education Financing Authority (MEFA) to improve access to affordable higher education opportunities.

Additional talent-retention provisions promote internships for students and recent graduates through the employer internship tax credit and allow foreign-licensed physicians to apply for a limited license to practice medicine in the Commonwealth with a pathway to a full unrestricted license. The program would enable their talents to be used to fill the state’s physician shortage.

Supporting Small Businesses

With nearly 50 per cent of Massachusetts workers employed by companies with less than 500 employees, small businesses are a key part of the Commonwealth’s economy. The Senate’s legislation recognizes this, providing $25 million through MassVentures for small business technology grants to help early-stage companies commercialize new technologies, $35 million for grants to Community Development Financial Institutions (CDFIs) to help disadvantaged and underserved businesses, and $10 million for Biz-M-Power matching grants to small businesses with capital needs.

To assist small businesses in rural areas and areas impacted by pollution, the bill authorizes $3 million for grants to improve the readiness of sites for economic development projects and $30 million for the Brownfields Redevelopment Fund to support the remediation of land impacted by environmental contamination.

During debate, the Senate adopted several amendments, notably:

• An amendment to increase the age of juvenile jurisdiction to include 18-year-olds. The initiative, known as “Raise the Age”, is proven to decrease crime and improve public safety by allowing emerging adults who are 18 years old—the typical age of a senior in high school—to be tried as juveniles instead of adults for certain crimes.

• An amendment to allow local communities to opt-in and allow bars and restaurants in the community to responsibly offer happy-hour drink discounts.

• An amendment to admit Massachusetts in the national nurse licensure compact, helping to address the critical workforce challenge facing the health care sector.

• An amendment enhancing local public health infrastructure and service delivery.

• An amendment allowing local breweries and distilleries to sell their products alongside local wineries at farmers markets.

• An amendment increasing opportunities for a more diverse public sector teaching force.

• An amendment to provide consumers more rights to seek repair of their cell phones without having to seek service from the original manufacturer.

A previous version of this bill having passed the House of Representatives, the two branches will now reconcile the differences between the bills before sending it to the Governor’s desk.

###

Senate Affordable Homes Act sets course for thousands of new units, sweeping renovations of public and affordable housing, and protections for residents 

BOSTON — Senator Sal DiDomenico voted with his colleagues to address the state’s housing crisis. S.2834, An Act relative to affordable homes—also known as the Affordable Homes Act—authorizes $5.4 billion in borrowing and makes crucial policy changes with the goal of building new housing, accelerating the rehabilitation of existing housing, reducing barriers to development, and promoting affordable housing.

Following robust debate, the Senate passed the legislation unanimously. Senator Sal DiDomenico proposed amendment #144, “Responsible Development and Taxpayer Protection,” which was adopted and passed in the bill. The amendment ensures all contactors start at a level playing field by:

• Requiring general contractors to disclose past violations of state and federal laws prior to working on these housing projects;

• Restricting contractors who have been fined by federal and/or state authorities for committing serious violations of wage, labor, health and safety practices from participating in projects funded by this bill; and

• Prohibiting contractors on any of the state’s debarment list from being awarded construction funding authorized by this bill.

“I am proud to support this historic investment to address the housing crisis, one of the most pressing issues affecting my constituents and residents across the Commonwealth,” said Senator DiDomenico, Assistant Majority Leader of the Massachusetts Senate. “This bill will repair and create housing, help countless individuals find the home they need, and ensure people can continue to live in the community they have lived in their entire lives. I am also thrilled to share that my amendment that would hold contractors accountable for labor and wage violations was adopted, which will ensure all contactors start at a level playing field and that we protect workers. I want to thank Governor Healey, Senate President Spilka, Senator Rodrigues, and Senator Edwards for bringing this ambitious plan to life and including voices and perspectives from all over Massachusetts.”

“An affordable, equitable, and competitive Commonwealth is one in which a renter can find an apartment within their budget, a family can afford a down payment on their first home, and residents aren’t priced out of communities where they want to live,” said Senate President Karen E. Spilka (D-Ashland). “Today the Senate took concrete action to make that vision a reality, a first step in rectifying decades of underinvestment that has led to our housing crisis. I am profoundly grateful for Senator Edwards’ leadership on this bill, to Chair Rodrigues, and to each member of our chamber for contributing ideas to the Senate’s bold vision for a tackling our housing crisis.”

The legislation makes important investments in public housing; housing affordability; sustainable building initiatives; initiatives for first-time homebuyers; essential infrastructure; geographic equity; and incentivizing local best practices. Additionally, the bill includes policy proposals to further housing equity for both homeowners and renters. The bill contains $5.4 billion in bond authorizations, including:

Creating and Repairing Public Housing

The Senate Affordable Homes Act provides $2.2 billion for repairs, rehabilitation, and renovation across the 43,000 units of state-aided public housing. This significant investment ensures that the state's public housing infrastructure remains safe, modern, and sustainable, so it can continue providing quality living conditions for thousands of families.

To ensure that the Commonwealth makes strides towards its climate goals as it creates housing, $150 million of the funding for public housing is specifically allocated to making energy efficient upgrades.

Spurring Affordable Housing Units

A further $425 million will go to the Housing Stabilization and Investment Trust fund, working with municipalities, non-profits, and developers to support housing preservation, new construction, and rehabilitation projects for affordable rental units. This will help the longevity and sustainability of affordable housing stock, addressing both immediate needs and long-term housing solutions.

It additionally adds $800 million into the Affordable Housing Trust Fund to create and preserve housing for households with an income at or below 110 per cent of area median income, helping to bridge the gap between the high cost of housing and what many families can afford.

Building Sustainably

This bond bill includes $275 million for innovative, sustainable, and green housing initiatives. By finding new ways to build that don’t have such a detrimental environmental impact, these initiatives will help pave the way for a greener housing portfolio in Massachusetts and will be an important part of the state’s response to the climate crisis.

Supporting First-Time Homebuyers in Gateway Cities

The Senate Affordable Homes Act authorizes $200 million for the CommonWealth Builder program to further the production of housing in gateway cities for first-time homebuyers. This initiative supports economic development in these cities, helping families achieve homeownership and contributing to the revitalization of urban areas.

The legislation also includes $50 million for MassDreams, a program that provides down payment and closing cost grants to first-time homebuyers who meet the program's eligibility criteria and who currently live in one of the 29 communities that were disproportionately impacted by the COVID-19 pandemic.

Maintaining Essential Infrastructure

The bill provides $375 million for HousingWorks, a program that awards grants to municipalities and other public entities for a variety of infrastructure-related support. Improving essential infrastructure supports the health and safety of residents and the feasibility of new housing projects.

Of this amount, $100 million will be dedicated to addressing water, sewer, and septic challenges tied to housing developments, and $100 million will help incentivize best practices in communities that have adopted the Community Preservation Act (CPA) and are spending a high percentage of those funds on housing, as well as  MBTA communities that are going beyond the minimum requirements set forth in the MBTA zoning law passed in 2021. Communities that have been proactive in creating transit-oriented development, which reduces traffic congestion and promotes sustainable urban growth, will be eligible.

Addressing Regional Equity

The legislation includes $150 million in dedicated funds to address the unique housing needs of rural towns, seasonal communities, and mid-sized communities. This ensures that all areas of the state, regardless of size or location, have the resources to meet their specific housing challenges.

The Senate’s Affordable Homes Act also contains multiple policy proposals to go hand in hand with the new authorizations.

Protecting Tenants from Broker Fees

By requiring that real estate brokers’ fees be paid solely by the party that contracted with them, this legislation ensures that buyers are not burdened with unexpected and extraordinary costs. It also promotes transparency and fairness in real estate transactions.

Establishing Equity-Focused Housing Offices

The Office of Fair Housing and the Office of Livable Communities and Community Services will be established under the Executive Office of Housing and Livable Communities. These offices will set the Commonwealth on a path to address many decades of housing discrimination by prioritizing equity issues in housing across the Commonwealth, ensuring equal access to housing opportunities for all residents, and offering technical assistance to cities and towns that can sometimes lack dedicated housing staff.

Eviction Record Sealing

The bill introduces a process for tenants to seal their eviction records in cases of no-fault evictions and other limited scenarios. This policy protects vulnerable tenants from the long-term stigma of eviction records, enhancing their ability to secure future housing and promoting housing stability.

Accessory Dwelling Units (ADUs)

The legislation prohibits the banning or unreasonable restriction of ADUs in single-family residential zones, promoting flexible housing options. This policy enables homeowners to create additional living spaces, increases housing supply and provides more affordable rental options within established neighborhoods.

Homeownership Tax Credit

This new tax credit will be available for the production of homeownership units for households that make up to 120 per cent of the area median income, incentivizing housing production and promoting homeownership opportunities.

Separate versions having passed the Senate and the House of Representatives, the two branches will now reconcile the differences.

###