<![CDATA[Last Tree Laws - Blog]]>Sun, 21 Apr 2019 04:40:54 -0400Weebly<![CDATA[Reducing School Wireless & Nonionizing Radiation EXposures]]>Fri, 18 Jan 2019 21:55:01 GMThttp://www.lasttreelaws.com/blog/reducing-school-wireless-nonionizing-radiation-exposuresThis bill asks that public schools turn off wireless access where possible, hardwire Internet connections, check that electric and magnetic fields are not high, and have a policy of limiting nonionizing radiation exposures including wireless. Additionally, the bill alters the goals of the Education Dept. as highlighted in section two to emphasize a more respectful attitude towards students and teachers, and so as to insure environmental health attention.

An Act reducing public school nonionizing radiation and wireless exposures

SECTION 1. Chapter 71 of Part I Title XII of the General Laws is hereby amended by adding a new section:-


Section 1D. Every public school providing computer access to students and staff shall, where possible, turn off wireless connectivity and hard-wire any connections to the Internet. If hard-wiring is not feasible and yet internet connectivity is necessary for staff, ideally a segregated area of the school shall be set aside for internet use by the staff and turned off when not in use. If access is necessary for student education, a segregated area is also best to control exposures and turn off wireless connectivity when not in use. Ideally, wireless use by staff shall occur after regular hours when students have left the school, until a hard-wired connection can be obtained.

Every public school shall have a policy to limit exposures to non-ionizing radiation stemming from wireless connectivity and from electricity. This policy shall insure that schools not only reduce or eliminate wireless exposures, but check the electrical and magnetic fields emitted by electricity use during a regular school day and provide for correction of high field exposures.

The policy and any standards or rules enforcing the policy shall be provided by the school committee or charter school board, and shall be subject to development and review by a local committee inclusive of and not exclusive of student guardians, parents, and teachers belonging to the school or district.

SECTION 2. Section 1 of chapter 69 of Part I Title XII of the General Laws is hereby amended by striking out the last sentence and inserting in place the following sentence:-

It is therefore the intent of this title to ensure that each public school classroom provides: (1) the conditions for all pupils to engage fully in learning as an inherently meaningful and enjoyable activity without threats to their sense of security or self-esteem; (2) a consistent commitment of resources sufficient to provide a high quality public education to every child; (3) a respectful process for attending to student academic needs and developing talents; (4) an effective mechanism for supporting positive school climates and teacher quality and professionalism; and (5) insuring the environmental health and safety of public school classrooms by allowing for policies and procedures designed to improve and monitor environmental health of public school buildings.
<![CDATA[Reducing Library Wireless & NonIonizing Exposures in MA]]>Fri, 18 Jan 2019 21:45:57 GMThttp://www.lasttreelaws.com/blog/january-18th-2019An Act reducing library non-ionizing radiation exposures from wireless and electricity

SECTION 1. Section 19G of Chapter 78 of Part I Title XII of the General Laws is hereby amended by inserting after the first paragraph the following paragraph:-
The board shall use funding to encourage public libraries to reduce non-ionizing radiation exposure, including from use of wireless communications and electronic technology, through hard-wiring connections, segregating areas of exposure, product purchase, and other means to reduce non-ionizing emissions from technologies.
<![CDATA[Registering Wireless Facilities & Recognizing Risks]]>Fri, 18 Jan 2019 21:21:11 GMThttp://www.lasttreelaws.com/blog/registering-wireless-facilities-recognizing-risksThis bill requires registration for public records of wireless facilities with the Dept. of Radiation Control, starting with all small cells and all wireless facilities using 5G frequency bands. Registration includes contact information of all owners. Additionally, the bill states that the dept. is to recognize random and artificially-generated nonionizing radiation (including wireless) as a cause of disease, and to adopt the Precautionary Principle in setting regulations and in advising the government and the public.

An Act registering wireless facilities to allow for monitoring and to ease access to contact information

SECTION 1. Section 5N of Chapter 111 of the General Laws Part I Title XVI is hereby amended by adding after the third sentence the following new paragraphs:-
The department shall require registration of wireless facilities in the commonwealth beginning first with registration of all small cell facilities as well as all wireless facilities using 5G frequency bands so long as these facilities exist in the commonwealth. Costs for registration shall be set by the department to cover costs of managing registration, and registration shall be required yearly.

The department shall require with registration information contact information for a plaintiff to file service against the owner of the wireless facility, including the name and address of the owner or owners. For business entities, names and addresses of the business entity must be provided along with an agent for service. For partnerships, names and addresses of partners must be included. For business entities, executive offices must also provide names and addresses for service to allow for “piercing the corporate veil” if necessary.

The department shall keep this registration information available for public record, and shall work with the Massachusetts Broadband Institute to create for public availability an online map of these facilities with attached registration information.

Subject to appropriation, the department may employ a nonionizing radiation specialist to monitor and advise on wireless radiation levels in the commonwealth and the department may charge a fee for this specialist to assist municipalities in evaluating applications for cellular services. This nonionizing radiation consultant must acquire an electromagnetic radiation specialist certification in Building Biology and may not have served as a product defense specialist regarding nonionizing or ionizing radiation.

Subject to appropriation, the department may also employ other nonionizing radiation specialists to assist regarding wireless rules, regulations, restrictions, and bans, provided however that the nonionizing radiation specialist may not have served as a product defense specialist for nonionizing or ionizing radiation either directly or as an employee of a product defense company.

In establishing rules and regulations of the commonwealth regarding ionizing and nonionizing radiation and protections necessary for public health, the department shall rely on the precautionary principle. The precautionary principle ordains that serious risks to the people’s lives, environmental health, and ensuing generations shall be forbidden. In some cases, risks must be carefully weighed and sifted when risks exist on both sides of the equation.

SECTION 2. Section 5 of Chapter 111 of Part I Title XVI of the General Laws is hereby amended by inserting after the first sentence the following sentence:-
The department shall recognize artificially-generated and random nonionizing radiation as a cause of disease, including wireless communications, electricity, and modulation, harmonics, and transients, and shall conduct investigations and advise the government as well as the public concerning the location and electromagnetic risks and condition of any public institution.
<![CDATA[MA Smart Meter Investigation]]>Fri, 18 Jan 2019 20:52:01 GMThttp://www.lasttreelaws.com/blog/ma-smart-meter-investigation This legislation is a request the legislature investigate the reporting of the smart meter (AMI or mesh) pilot in Worcester. The pilot was plagued by cost overruns, constituent complaints ignored, and the submissions of the costs for a public hearing were blacked out, i.e. censored. This request is intended to help get justice and forestall continuance of expensive and also harmful smart meters, and was put forward by constituents in Worcester and Norfolk in two different but similar bills.
An Act An Emergency Act to Investigate the Results Reporting of the National Grid Worcester Smart Meter Pilot Program and its Implications for the Department of Public Utilities Grid Modernization, Time of Use, and Smart Meter Proceedings.


            (a) Notwithstanding any general or special law to the contrary, there shall be established a special commission to investigate the results reporting of the National Grid Worcester Smart Meter Pilot Program established in Docket MA DPU 11-129, which ended December 31, 2018. The scope of the commission shall include, but shall not be limited to, calculating a complete and transparent accounting of all costs for the pilot program, including those costs incurred by the public for actions taken by the Department of Public Utilities and the Attorney General’s office; conducting an independent audit and investigation of the results reported by Navigant Consulting, including claimed cost and energy savings; and determining whether National Grid ratepayers should bear the costs for said Worcester National Grid Smart Meter Pilot Program.
            (b) The commission shall report the results of its investigation and its recommendations by filing a public report with the Clerk of the Senate; the Clerk of the House of Representatives; The Joint Committee on Telecommunications, Utilities and Energy; the Office of the Governor; and the Department of Public Utilities no later than 6 months after the first meeting of the commission is convened.
            (c) The commission shall conduct its first meeting no later than 90 days after the effective date of this act.

<![CDATA[Tolling the Statute of Limitations]]>Fri, 18 Jan 2019 07:58:30 GMThttp://www.lasttreelaws.com/blog/tolling-the-statute-of-limitationsThis bill allows the filing of a lawsuit at a later date than usually allowed by law when the person is sick or lacks evidence to prove a cause of action. An expert testifying in court must also provide information about his or her history of serving as an expert and payment  provided in section 4. If a circumstance is obviously traumatic, then a psychologist is not necessary too prove this fact--to do so is an added burden and cost. Grounds for denying arbitration are included in section 3.
An Act Allowing for unknown source of or severe illness and continuing offense to toll the statute of limitations and requiring greater attention to scientific reasoning
Section 1. Section 7 of the Chapter 260 of the General Laws Part III Title V is hereby amended by striking out the first sentence and inserting thereof in place the following:-
If the person entitled thereto is a minor, or is incapacitated by reason of mental illness or severe illness when a right to bring an action first accrues, the action may be commenced within the time hereinbefore limited after the disability is removed. If a person vacillates between severe illness and bouts of improved health, bouts of ill health shall be generously subtracted in assessing the time allowed for bringing forward a cause of action. When a person lacks proof that an illness or detrimental symptoms have an environmental cause, the statute of limitations shall be tolled until such time as the person is provided with sufficient evidence.
When the cause of action continues to exist to the detriment of the person’s civil rights, the statute of limitations shall be tolled until such time as the cause of action ceases.
Section 2. Section 5A of Chapter 260 of the General Laws Part III Title V is hereby amended by inserting after the last paragraph the following paragraph:-

However, any cause of action for which the action continues to cause additional harm and offend shall toll the statute of limitations.

Section 3. Section 1 of Chapter 251 of the General Laws Part III Title IV is hereby amended by inserting after the last paragraph the following paragraph:-

Grounds for denying a written agreement to submit to arbitration include but are not limited to (a) hinging acceptance of the contract upon provision of employment, an essential service, an essential product, or a utility unavailable through other means; (b) contracts of adhesion presented to a party in a weaker position without the option of negotiation; (c) violations of civil rights protections and the rights afforded by the Constitution of the Commonwealth of Massachusetts.

Section 4. Chapter 233 of the General Laws Part III Title II is hereby amended by adding the following section:-

SECTION 3B. Scientific and Medical Evidence
When a scientific or medical expert provides testimony, the expert shall be required to inform the court of the payment provided, his or her work providing relevant court testimony on the subject, and whether such testimony constitutes a full- or part-time job, and if so, for how long.

The credibility of expertise provided shall be examined carefully to determine whether research and consensus is simply manufactured by corrupt or financially interested parties. Experts referencing scientific evidence shall clarify how much and whether evidence is sociological, psychological, epidemiological, or laboratory-based, and provide full and clear scientific citations of research studies, rather than references to fact sheets, opinions, letters.

Scientific reasoning shall be carefully evaluated in determining the credibility of the statements of expert witnesses. Physical evidence of serious risks, such as concrete laboratory findings, cannot be dismissed by the manufacture or presentation of studies which have found nothing as the latter may simply be designed incorrectly or failed to look at the finding. A statistical pattern of risks and laboratory evidence of risk, even if not always in effect, shall be given weight also given that scientific findings may findings of effects may be specific to an unknown element.

Even when scientific evidence is still young, reasonable grounds for concern may exist justifying charges of negligence. Serious risks to lives and liberties as indicated scientific or medical evidence, as well as common sense, shall be accorded respect and care.
In the case of psychological trauma, when circumstances make the trauma or stress apparent to anyone with common sense, the testimony of a psychologist as an expert witness to provide evidence and explanation of trauma or stress shall not be required as evidence.   
<![CDATA[Law For Easier Ballot Q. Campaigns]]>Thu, 17 Jan 2019 21:03:11 GMThttp://www.lasttreelaws.com/blog/law-for-easier-ballot-q-campaigns In Massachusetts, running a petition initiative to put a question on the ballot is difficult. There are only a few months to gather signatures and then they must be collected by the campaign organizers from the registrars and given to the Secretary of State. Driving all over to get a few signatures here and there wastes time and gas. This bill addresses that issue, and also addresses payments to signature gatherers to support transparency.

This bill does the following:
  • Allows campaign organizers to get registrars' offices to forward petitions to Secretary of State
  • Requires paid signature gatherers to be identified as such
  • Prohibits payments of paid signature gatherers to be based on signature number

An Act Allowing delivery of ballot question petitions to the Secretary of State by registrars and restricting payments per signature

Section 22A of Chapter 53 of the General Laws Part I Title VIII is hereby amended by striking the third sentence and inserting thereof the following paragraphs:-

Petition circulators shall not be paid anything of value per signature gathered, although this shall not prohibit payment of salary and expenses that are not related to the number of signatures obtained. Each initiative and referendum petition shall prominently state whether the petition circulator is paid to circulate petitions and paid petition circulators shall wear a badge informing the public that the petition is being circulated by a paid circulator.

Registrars shall provide a receipt in writing for each initiative or referendum petition submitted to and received by them. In no case shall any signatures be denied merely because of messy extraneous marking upon the forms for initiative or referendum petitions, so long as the information necessary for confirming signatures remains legible.

Based on the decision of the original 10 signatories of each petition, printed on the petition shall be a notice as to whether Registrar’s shall deliver petitions directly to the Secretary of State or return such petitions only on receiving written receipts or other identification acceptable to the registrars.

<![CDATA[Revising Educational standards & Testing Law]]>Wed, 16 Jan 2019 13:30:01 GMThttp://www.lasttreelaws.com/blog/january-16th-2019This law proposes educational standards be more flexible to allow for alternative schools such as Montessori or models such as interdisciplinary; that MCAS testing time be limited; and that standards be revised and edited more regularly by teachers and parents. The law also reduces the testing requirement for a diploma.

An Act supporting evolving educational standards that allow interdisciplinary education, need-based 3R instruction, and reduced testing time
SECTION 1. Section 1D of chapter 69 of the General Laws, as appearing in  the 2016 Official Edition, is hereby amended by striking out paragraphs one through four and inserting in place thereof the following paragraphs:-
Section 1D. The board shall establish a set of statewide educational goals for all public elementary and secondary schools in the commonwealth as follows.
(a) Core academic standards shall be set for grade levels or clusters of grades to include reading, writing, language arts, mathematics, sciences, health, and the subjects of history, government, civics, and social science, the latter 4 of which may be combined under the umbrella term social science and history. Additional standards may also be developed for technology, foreign languages, English literature, and other subjects.
The standards shall clearly set forth knowledge expected to be possessed at the conclusion of clusters of grades, but not so as to control and define all knowledge taught but instead in order to insure acquisition of basic as well as necessary knowledge and skills to advance students as capable learners and citizens. In particular, core academic standards shall be designed for flexibility and to allow for interdisciplinary and alternative models of learning. The use of standards shall not circumscribe students to an ivory tower model of learning, nor shall standards require that students master all subjects for which standards exist. 
(b) Academic standards shall follow the following guidelines.
Recognizing that not all educational and interpersonal exchanges can or should be measured, standards shall not be used to narrow acceptable content and deny the reasonable but extraneous integration within classroom lessons of informal and age-appropriate interpersonal relations, tangents, break activities, related subjects, art, or current events, provided that the standards are met. Neither shall standards be designed to prescribe, quantify, and measure student character or interpersonal relationships, leaving any issues in this area for to administrators and teachers to address on a more personal level.
Neither shall the design or promulgation of state educational standards serve to require intensive time meeting bureaucratic requirements from either teachers or administrators. Neither shall the length of content in standards be so extensive and inflexible as to dictate unremitting study, disallow student breaks, prevent extracurricular activities, or defeat local input or teacher creativity regarding educational content. Standards shall be appropriate for grade level and respectful of time constraints.
Neither shall state educational standards and coursework prescriptions be designed so inflexibly as to prevent a public school, within the traditional time frame, from engaging in interdisciplinary learning, pursing immersive foreign language learning, or allowing for alternative models of education such as Montessori, Waldorf, or vocational training.
Neither shall state standards serve to “standardize” education, serving to limit diversity of content, methodology, and points of view.
Standards shall be expressed primarily in terms that lend to objective measurement, but shall not deny or eclipse the value of less measurable value in interpersonal exchanges, art, imagination, and the humanities. They shall be designed to inculcate respect for the cultural, ethnic and racial diversity of the commonwealth and for the contributions made by diverse cultural, ethnic and racial groups to the life of the commonwealth. Standards shall be designed to avoid perpetuating gender, cultural, ethnic or racial stereotypes. Standards shall reflect sensitivity to different learning styles and impediments to learning.
The standards shall provide for instruction in at least the major principles of the Declaration of Independence, the United States Constitution, and the Federalist Papers. The standards shall provide for instruction in comparative political and economic systems. The standards shall provide for instruction in the fundamentals of the history of the commonwealth as well as the history of working people, voting, consumer rights, and the labor movement in the United States. The standards shall provide for practical instruction in availing oneself of consumer rights, legal protections, and government representation, as well as of understanding the purpose of state and federal legal and financial agencies.
The standards for mathematics shall include basic financial management skills.
The standards for health shall provide for instruction in the issues of physical education, human immunodeficiency virus and acquired immune deficiency syndrome education, nutrition, self-care, violence prevention, including teen dating violence, bullying prevention, conflict resolution, abusive patterns, digital risks, marketing tricks, potential pharmaceutical hazards, mold, radon, and drug, alcohol and tobacco abuse prevention. Health standards shall provide for instruction on state and federal health, agricultural, and environmental agencies, including functions and failures in policing environmental pollution, consumer products, and pharmaceuticals. Health standards shall provide for attention to recognizing and avoiding current environmental pollutants and risks, including discussion of cosmetics, construction, industrial run-off, technology, and within foods. Health standards shall include the teaching of family life skills, emergency care, basic child care, the necessity of social contact, and the value, process, and difficulty of nursing children with breast milk.
The standards shall integrate major principles of environmental science and ecology. The standards shall include other sciences, and shall be written and evolve in such a way as to reflect current and credible science, as well as analytical reflection and social aspects including the dangers and pitfalls possible with science and technology.
The standards for English shall be careful to distinguish between English literature as compared to language arts, the latter which shall be a core academic standard.
The purpose of assigning language arts as a core subject, as opposed to the subject English, is to place skills of writing, reading, and understanding at the forefront, and to set aside literary terms and complex English literature analysis as a core academic subject for all students. Instead of English literature analysis and literary terms, language arts shall serve as the core academic standard as this allows students to pursue courses outside of English literature.
 Language arts, as conveyed in this section, is inclusive of creative writing, nonfiction, fiction, expository writing, and analytical reading, but does not connote an ivory tower education in the sense of constructing essays of literary analysis or knowing obscure literary terms. Occasionally, English is mistakenly misconstrued as solely the province of English literature studies. When expressed in this section, English shall mean language arts and skills, and shall not mean to refer to “English literature.” Core academic standards shall be designed to allow for language arts or English to be taught in subjects besides English literature. This shall allow course requirements for English to include subjects other than English literature, besides allowing for interdisciplinary learning and improving flexibility.
The board may also set reasonable standards for student community service-learning activities and programs.
Neither shall the promulgation of state standards and expectations serve to prevent course work that meets student needs. Basic mathematics, writing, and reading skills at the eighth grade level are necessary to allow learning to proceed at the secondary and collegiate level, and so the provision of alternative and intensive coursework in either mathematics or reading to bring students to grade level shall be encouraged. To use “expectations” as excuse to ignore and neglect serious barriers in reading and mathematics, leaving students permanently struggling, is a failing that shall not be allowed on the part of the Department of Elementary and Secondary Education. To allow attention to the needs of students who are behind reading and mathematics expectations, provision for intensive instruction in the area of reading, writing or mathematics needs and a separate set of intensive instruction and leveled standards shall apply to these students to bring them up to speed, setting aside some other academic coursework if helpful, but not depriving students of physical education, health, and beloved extra-curricular activities. These special standards shall be termed leveled standards, and their use alone shall not serve to penalize schools or students, but instead to assist. Placement on leveled standards shall be a temporary measure until students can return to grade-level standards.
Leveled standards shall serve to bring students to grade level in an area of need, but shall not serve to excuse students from state requirements for graduation.
(d) The board shall direct the commissioner to institute a process to develop academic standards according to grade level or clusters of grades, serving to provide parity in basic or necessary expectations in a particular course or for a grade or clusters of grades.
In developing standards, the board shall offer the task to willing public school teachers, respective to grade level and specialty, as well as to willing public school legal guardians and parents. Retired teachers may also participate. Committees for different standards shall be distributed across the commonwealth to develop templates, and shall be provided with a mechanism to share drafts with the public at large and to invite additional remote participation and comment. Committees may invite graduate students in education or professors with relevant degrees to participate in development of standards. These committees shall be called Standard Committees, and secondarily labeled according to the standard and grade level or levels addressed. Where possible and subject to appropriation, funding shall be provided to reduce teacher workloads or to allow for participation of low-income teachers, with emphasis on providing support for committees needing to make significant changes or develop entirely new standards.
In creating a standards committee for English or language arts, the composition of the committee shall be inclusive of subjects outside English literature, as the English standards are meant to be interdisciplinary.
Upon completion of a final draft, committees shall present and share this final draft with the community for final analysis. A local and state public meeting shall be allotted for presentation and discussion, to which teachers, parents, and community members shall be invited.
The minimum timeline for initial draft shall be one year, and the minimum timeline for completion shall be 4 months later, but completion may occur sooner. Upon completion, the Department of Education shall continue to collate and receive criticisms of the standards. In a year or two following completion of standards, criticisms and praise shall be addressed with the formation of new standards committees, who shall be provided commentary, improve upon the existing standards, and follow the same procedure. Continuing forward, this pattern shall repeat every four years.
A copy of said standards shall be submitted to the joint committee on education at least sixty days prior to taking effect.
(e) Subject to appropriation, the board shall establish a grant program which shall award grants to school districts for the costs associated with establishing advanced placement courses. The board shall promulgate regulations defining the standards of eligibility and other implementation guidelines.
Subject to appropriation, the board shall establish an advanced placement test fee grant program which shall award grants to school districts for the reimbursement of application fees for students based on financial need in order to assist students with paying the fee for advanced placement tests. The board shall promulgate regulations defining the standards of eligibility and other implementation guidelines for this program.
(f) Competency tests shall be provided by the state, but shall be limited in the amount of time allowed for testing. In elementary, time limits as stated for testing shall be based on time needed for an average, competent student to complete the test at his or her grade level. Through seventh grade, the total amount of student testing time, as per average student, shall be no more than 2 hours total and no more than 40 minutes at a sitting and shall be completed within two days. From eighth to twelfth grade, the total amount of testing time shall be no more than three hours total and no more than 40 minutes in a sitting, and shall be completed within two days. Additional time, which may be divided, of up to 90 minutes total shall be allowed to familiarize students with test procedures.
Competency tests shall be straightforward tests of subject matter and shall not be designed with trick questions or to provide assessments of student political beliefs or personal lives.
In one school year schools shall be allowed one day outside of testing to familiarize students with the state competency test, but shall otherwise not focus on providing test familiarity nor shall schools provide students with materials and assignments that compare to the state competency tests except to address the content of the standards.
(g) The standards shall include criteria for three determinations or certificates with respect to graduation. Nothing in this chapter shall prohibit a student from beginning a program of vocational education before achieving a determination of competency. Such vocational education may begin at grade nine, ten or eleven. No provision of law shall prohibit concurrent pursuit of a competency determination and vocational learning. There shall be no cause of action for a parent, guardian or student who fails to obtain a competency determination, a certificate of mastery or a certificate of occupational proficiency.
The standards shall also include criteria for three determinations or certificates as follows:
(1) The ''competency determination'' shall be based on the academic standards and curriculum frameworks for tenth graders in the areas of mathematics, science, history and social science, English, and any other subjects as decided by the local district or charter school. Competency shall mean that a particular student has demonstrated mastery of these core academic standards. A determination of competency shall be measured not only at the local level, but by meeting a minimum score in eighth grade competency tests in mathematics and language arts, and in one other competency test at the eighth or tenth grade level in any academic subject. Satisfaction of the requirements of the competency determination shall be a condition for high school graduation.
If the particular student's assessment results in the eighth or tenth grade do not demonstrate the required level of competency, the student shall have the right to participate in the assessment program the following year or years. Students who fail to satisfy the requirements of the competency determination may be eligible to receive an educational assistance plan designed within the confines of the foundation budget to impart the skills, competencies and knowledge required to attain the required level of mastery. The parent, guardian or person acting as parent of the student shall have the opportunity to review the remedial plan with the student's teachers. Nothing in this section shall be construed to provide a parent, guardian, person acting as a parent or student with an entitlement to contest the proposed plan or with a cause of action for educational malpractice if the student fails to obtain a competency determination.
(2) The ''certificate of mastery'' shall be based upon a determination that the recipient has demonstrated mastery of a comprehensive body of skills, competencies and knowledge comparable to that possessed by accomplished graduates of high school or equivalent programs in the most advanced educational systems in the world. The criteria for a certificate of mastery may incorporate a number of factors which may include, but not be limited to, any of the following: high school graduation standards, state assessment instruments, and demonstrated excellence in areas not reflected by the state's assessment instruments, such as artistic or literary achievement. Eligibility for potential receipt of a certificate of mastery shall extend to all secondary students residing in the commonwealth.
(3) The ''certificate of occupational proficiency'' shall be awarded to students who successfully complete a comprehensive education and training program in a particular trade or professional skill area and shall reflect a determination that the recipient has demonstrated mastery of a core of skills, competencies and knowledge comparable to that possessed by students of equivalent age entering the particular trade or profession from the most educationally advanced education systems in the world. No student may receive said certificate of occupational proficiency without also having acquired a competency determination.
<![CDATA[Banning Dangerous Wireless Facilities & Products]]>Wed, 16 Jan 2019 13:21:44 GMThttp://www.lasttreelaws.com/blog/banning-dangerous-wireless-facilities-productsThe Dept. of Radiation Control has the right to regulate wireless and all nonionizing radiation, but will not do so on its own due to the political stakes. This bill sets a timeline for the dept. to ban particularly dangerous emissions, starting with wireless baby monitors and small cell towers, and then proceeding from there. By admitting some risks merit a ban, this bill allows public awareness, discussion, and pressure to grow and gives the dept. an opening to make further bans as needed.  

An Act banning especially dangerous wireless facilities, emissions, and products

SECTION . Section 5N of Chapter 111 of the General Laws Part I Title XVI is hereby amended by adding after the last paragraph the following paragraphs:-

The department shall prepare a timeline for the removal of wireless facilities and products deemed to be especially dangerous based on factors such as frequency band, power level exposures, modulation, population exposed, and any other factors which the department deems relevant to making a determination.

The department shall begin by banning wireless emissions, facilities, and products considered to be especially dangerous and lacking sufficient proof of safety, starting with a ban upon wireless baby monitors, small cell facilities, and frequencies at the higher end of the 5G band.
The department may proceed with banning other types of nonionizing radiation and equipment or products generating nonionizing radiation. If necessary the timeline shall allow for the replacement with landline or hard-wired broadband connections with significantly reduced emissions of non-ionizing radiation.

In setting bans, the department shall use common sense in recognizing that bans may not effectively address removal of wireless products already existing in homes, and public education and other systems may be necessary to remove products such as wireless baby monitors.

The department shall work with the attorney general’s office as necessary to insure bans and accompanying procedures are legal under state law. The department may work with the department of public utilities, the department of telecommunications and cable; the department of housing and economic development; the Massachusetts Broadband Institute; and any other departments or public entities to smooth the transition or to assist with determining reasonable timelines.

When questions arise regarding which products, frequency bands, and facilities to ban, the department shall adhere to the principle of reverse onus, under which it is the responsibility of those supporting an exposure to show that the exposure is not seriously harmful and to do so with credibility. Further, the department shall adhere to the principle of alternative assessment that requires that no risky action will be taken if there are alternative actions available that safely achieve the same purpose.

The department may refer to the precautionary principle and the most stringent rules and regulations set in other countries in shaping rules and regulations for the commonwealth, and may further take the advice of medical and scientific experts actively engaged in the field as researchers or for the purpose of consumer protection, provided that these experts are not product defense experts or employed by product defense companies or the industry.

<![CDATA[Investing in Secure Hard-wired Grid With MBI Funds]]>Wed, 16 Jan 2019 13:07:18 GMThttp://www.lasttreelaws.com/blog/investing-in-secure-hard-wired-grid-with-mbi-funds  The Massachusetts Broadband Institute is set up to maintain a fund from licensing or leasing fees, as well as to accept funds provided by the state or from federal grants. So far under Baker, MBI has annoyed many people by granting funds just to monopolies like Comcast, rather than supporting municipal broadband or smaller businesses. However, the law can be changed to direct MBI to invest otherwise and also insure the grid is hard-wired and secure.

An Act Ensuring safer technology investment by the Massachusetts Broadband Institute
SECTION 1.  Chapter 40J of Title VII of the General Laws is hereby amended by striking the language of Section 6B and inserting thereof the following:-
SECTION 6B.  Massachusetts Broadband Institute; board of directors; broadband infrastructure; plan of operation; disbursement of funds; annual report
''Board'' means the board of the Massachusetts Broadband Institute established by subsection (c).
''Broadband'' means high-speed internet access.
“Communications” means providing for communication across the state, whether through traditional land-line phone service or use of broadband services, and including such services as telephone booths for public telephone calls and options for 911 service.
''Fund'' means the Massachusetts Broadband Incentive Fund established by section 6C.
“Contact information for service” means information necessary for a plaintiff to file service against the owner of a wireless facility, including name and address of the owner or owners. For business entities, names and addresses of the business entity must be provided along with an agent for service. For partnerships, names and addresses of partners must be included. For business entities, executive officers must also provide names and addresses for service to allow for “piercing the corporate veil.”
''Institute'' or “MBI” means the Massachusetts Broadband Institute established by subsection (b).
“Land-line” shall mean a telephone that is hard-wired; which uses a metal wire to transmit communications; and which can function during a power outage for extended periods due to an external source of power transmitted through the metal wire.
“Secure” shall mean broadband service that is designed to limit hacking or intrusion through technical design and cybersecurity; quality, working landline service; and decentralized, hardened utility services ideally disconnected from broadband and ideally protected from an EMP. Except where records are public, secure shall mean safe from surveillance.
(b) The corporation shall establish an institute for investment in broadband and communications infrastructure in the commonwealth, to be known as the Massachusetts Broadband Institute, in recognition of communications as essential not only for business but as essential for democracy and government functions. The executive director of the corporation, subject to the approval of the board, shall appoint a qualified individual as director to manage the affairs of the institute. The mission of the institute shall be to improve the safety and security of communications while supporting reasonable access to communications.
Intent to manipulate the spirit of or failure to comply with its mission, rules, and objectives as stated in this section shall be grounds for a cause of action against the MBI, as well as or against persons complicit. This action may be brought forward by the attorney general; a municipality or municipalities; or citizens of the Commonwealth. A vote of no confidence in the MBI or corporation by the House of Representatives or Senate shall force the attorney general to investigate.
(1) In meeting its mission and objectives, the MBI shall comply with several rules: (i) MBI shall not arrange any contract to allow the commonwealth to assume any liability for wireless facilities and transmissions; (ii) the MBI shall encourage municipal ownership of secure communications infrastructure with additional up-front funding; (iii) As much as possible, MBI shall encourage broadband open access; (iv) MBI shall attend to risks and avoid investing in equipment or software vulnerable to hacking or outside control, such as from corporations or foreign governments with concerning histories; (v) the MBI shall favor investment in structures directly accountable to the public; (vi) MBI shall discourage monopoly control by private providers; (vii) MBI shall reduce reliance upon broadband systems whenever reasonable based on cost and security considerations; (viii) MBI information and proceedings shall be accessible and transparent to the public; (ix) private-public partnerships shall be designed to confer significant benefits including, but not limited to, compliance with MBI mission and objectives, ownership interest, licensing fees, and training or consulting fees; and (x) MBI shall fairly distribute investments across the state to improve safety, security, and accessibility of communications.
(2) To improve technological safety, MBI shall reduce non-ionizing electromagnetic exposures and fulfill these objectives: (i) where possible, decommissioning wireless communications facilities and antennas with due respect for maintaining basic access to essential or emergency communications; (ii) where possible, turning off wireless functionality, reducing other electromagnetic exposures, and hard-wiring broadband access in government facilities, public schools, public libraries, and other public spaces; (iii) choosing to invest in communication systems which emit less and have reduced fields, harmonics, and transients, including traditional land-lines;  and (iv) investing in hard-wired, secure broad-band systems or hard-wiring existing secure broadband systems.
(3) Objectives for secure and reasonable access to communications shall include: (i) providing for affordable access to secure land-line service across the commonwealth for essential commonwealth services as well as for residents; (ii) connecting land-line services to secure, decentralized sources of electricity, ideally using direct current or other measures to protect from a destabilizing electromagnetic pulse (EMP) from the sun or weapon; and (iii) assisting utilities in securing utility services through secure mechanical and analog measures rather than through wireless or broadband, with additional consideration for equipment and design safe from an EMP.
(4) Additional objectives shall include (i) identifying and sharing information regarding secure equipment and software, including open source, to provide for secure broadband access for essential state and local services, including education; (ii) assisting with transition to secure software, including open source, and equipment for essential state and local services; (iii) providing relevant training to public entities, MBI employees, and other persons to advance the MBI mission and objectives; and (iv) assisting with development of secure broadband access distributed equitably across the state in public spaces such as libraries, universities, community colleges, and broadband access centers.
(c) The institute shall be governed and its corporate powers exercised by a board of directors, which shall consist of the following 11 members: the secretary of administration and finance or his designee; the secretary of public health, who shall serve as chair; the secretary of housing and economic development; the commissioner of telecommunications and cable or designee; the executive director of the corporation or designee; the attorney general or designee; a representative of the commonwealth’s Radiation Control Agency with expertise in non-ionizing radiation;  3 members to be appointed by the attorney general with expertise in relevant municipal and consumer rights; 3 members to be appointed by the governor, who shall each have knowledge and experience in 1 of the following areas consistent with the mission and objectives of the MBI: cybersecurity; telecommunications infrastructure; and grid or utility security. Each member appointed by the governor or attorney general shall serve a term of 4 years and thereafter until his successor is appointed. Any person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. Any appointed member shall be eligible for reappointment. An appointed member may be removed by the governor or attorney general for cause.
(d) The corporation shall leverage private sector, state, and federal investment by financing the construction and acquisition of broadband infrastructure to promote the development of broadband and communications safety, security, and access according to its mission and objectives. Broadband infrastructure shall favor fiberoptic cable or cable with comparable safety and shielding of nonionizing radiation, with additional attention given to connectors that in the long term best shield electromagnetic fields.
Subject in all cases to the MBI mission, objectives, and public interest, the corporation may: (i) finance or acquire equipment or other property to be owned by the commonwealth or 1 or more other public entities, where the equipment or other property may be leased or licensed by the corporation for a fee which shall be credited to the fund; (ii) make grants to 1 or more public entities for the financing or acquisition of equipment or other property; and (iii) make grants or loans to nonprofit entities or private corporations for the financing or acquisition of equipment or other property in compliance with the MBI mission and objectives, provided however that contractual arrangements provide relevant licensing fees; ownership interest; regulatory oversight; and fair rates on loans.
The acquisition of an indefeasible right of use of facilities used for the transmission of intelligence by electricity or of a license or other agreement to use electromagnetic spectrum licensed by the federal government shall be the acquisition of an ownership interest in broadband infrastructure and any such transaction shall constitute a transaction with the commonwealth for the purposes of chapter 30B. Any lessee or licensee shall pay lease or license fees to the corporation, which shall credit the fees to the fund. The corporation may provide and pay for advisory services, employees, and technical assistance and take other actions as may be necessary or desired to carry out its purposes.
Any interest acquired by the corporation may be leased or licensed by the corporation for use by public entities or nonprofit or for-profit private sector entities subject to the approval of the commissioner of highways and subject to this section including, without limitation, such right of reverter at the expiration of the term. Given the parameters provided by the MBI mission and goals, the corporation shall lease or license any such interest with competitive processes and procedures within MBI constraints as may be reviewed and approved by the inspector general.
The corporation may exercise any of its powers to assist or enable the institute to fulfill its purposes as set forth in this section, including the powers set forth in clause (e) of section 4. Without limiting the generality of the foregoing, the corporation shall have the power to develop, lease or otherwise acquire, own, hold, dispose of and encumber conduit, fiber, towers and other real and personal property related to broadband infrastructure that shall be necessary or convenient to the fulfillment of its mission and objectives. The exercise by the corporation of any such powers shall be deemed and held to be an essential governmental function.
(e) The board shall collect information from reasonably available sources including, but not limited to: municipalities and other public entities and agencies of the commonwealth, local and regional nonprofit entities and telecommunications and broadband service providers to develop and maintain an inventory of: (i) locations where telecommunications and broadband services are not available in the commonwealth; (ii) locations where telecommunications and broadband infrastructure is available or is likely to be available to support the provision of services to unserved and underserved areas; (iii) locations where new infrastructure may be necessary to support the provision of secure and safe services to unserved and underserved areas; (iv) the quality of such services, including, but not limited to, speed of data transmission, length of service during power outage, and cost of such services including landline service; (v) providing a map to the public of wireless facilities including contact information for service and emergencies; (vi) providing a map for the public of electric and magnetic peak power measurements across the commonwealth for wireless communications; and (vii) and may choose to assess peak power measurements across the commonwealth.
 (f) The board shall establish a detailed long-term plan for the operation of the institute and the administration of the fund and shall consult with the joint committee on telecommunications, utilities and energy; the joint committee on children, families, and persons with disabilities; and the joint committee on economic development and emerging technologies on the plan. The plan, and any amendments thereto, shall be subject to the approval of the secretary of health and human services and the secretary of administration and finance and shall be filed with the clerks of the house of representatives and the senate who shall forward the same to the house and senate committees on ways and means, the joint committee on telecommunications, utilities and energy and the joint committee on economic development and emerging technologies.
(k) The institute shall file an annual report of its activities with the governor and the clerks of the house of representatives and the senate who shall forward the same to the joint committee on telecommunications, utilities and energy, the joint committee on economic development and emerging technologies, on children, families, and persons with disabilities, and the house and senate committees on ways and means.
SECTION 2. Chapter 40J of Title VII of the General Laws is hereby amended by striking the language of Section 6C and inserting thereof the following:-
Section 6C: Massachusetts Communications Safety and Security Incentive Fund
Section 6C. The corporation shall establish a fund to be known as the Massachusetts Communications Safety and Security Incentive Fund. The corporation shall hold the fund separate and apart from its other funds, to finance the activities of the Massachusetts Broadband Institute. The corporation shall credit to the fund any appropriations, bond proceeds or other moneys authorized by the general court and specifically designated to be credited to the fund, and any other moneys legally available to the corporation which the board of the corporation may determine to deposit in the fund.
SECTION 3. Section 1A of Chaper 40J of Title VII of the General Laws is hereby amended by inserting after the last sentence the following sentence:-
In advancing direct economic development initiatives, the corporation shall include in this definition the requirement to promote and support public and business systems which support or allow for access to basic services and utilities, as well as for safety and security, in order to allow for a level playing field for businesses and consumers and as necessary for the functioning of society.
<![CDATA[Risk Admission by Dept of Health]]>Wed, 09 Jan 2019 02:58:15 GMThttp://www.lasttreelaws.com/blog/january-08th-2019The Dept. of Public Health is supposed to protect health, but politics get in the way. This bill provides that the department summarize environmental health risks for the public on several topics and according to credible science. Additionally, a mechanism is provided for the public to suggest topics and the department respond.

An Act providing for environmental risk fact sheets from the state Department of Public Health.
SECTION 1.  The General Laws are hereby amended by inserting after Chapter 111D section 2 in Title XVI Part I the following section:-
Section 1. Ensuring public safety and adopting a cautionary stance in relation to risks from old and emerging technology is the primary objective of this section, as well as insuring transparency and public input. 
“Reasonable interpretations from scientific knowledge” or “Reasonable interpretations from current science” shall mean that medical risks shall be acknowledged when logic, trends, patterns, and/or laboratory science indicate potential risk, and assessments of risk shall consider the sum of clearly credible laboratory and epidemiological studies. A pattern or trend of similar findings in different studies can provide reasonable indication the finding is true. Reasonable interpretations shall mean recommendations of beneficial health practices, foodstuffs, and nutrients shall be reasonable only when these practices are known to be safe and free of harm based on traditional consumption or use, but not necessarily when extreme dosages or unusual intake with unknown results are recommended. Reasonable interpretations shall not apply to recommending novel medicines, non-traditional or extreme dosages, and novel or non-traditional therapies unless certainty of safety or greater benefit exists based on common sense or until credible scientific testing is completed that insures toxicological safety. Reasonable interpretations shall mean recognizing that medical practice or scientific knowledge proven wrong with numerous examples of concrete, verifiable evidence in research must be set aside rather than used to falsely validate medical practice or scientific myths.
“Credible laboratory and epidemiological scientific studies” and “credible scientific testing” shall mean all relevant scientific research that demonstrates sufficient control of subjects, time, and materials to prevent corruption of data or false conclusions. The small size or short length of a study in itself shall not necessarily mean lack of credibility, although small size or short length requires acknowledgement that impacts on larger or more diverse populations or in the long term are lacking. However, conflicts of interest in research funding or other financial interest shall, when existing, need to be negligible to be considered moderately credible and shall be acknowledged as lacking full independence and therefore lacking full credibility.
“Technology Addiction” or “TA” shall mean compulsive use of technology and inability to control use combined with withdrawal from real life interactions, interpersonal relations, and ordinary responsibilities or personal care. In less acute cases, developing addicts may continue to attend to responsibilities, but progressively increase technology use during free time, losing interest in other activities, and becoming more irritated or anxious from interruption of technology use. Technology Addiction includes more specialized subsets of addiction such as video game, mobile phone, or social media addiction. Certain subsets may be more vulnerable to digital addiction, such as adolescents due to lack of impulse control, and children may be indirectly impacted by the digital addiction of caretakers.
“Screen time” or “ST” shall mean the amount of time spent in front of a technological screen, including television, computer, virtual reality, video game, and other electronic device screens, and may be further defined in more specialized subsets such as active or passive use.
(b) The Department of Public Health shall provide Cautionary Warning Fact Sheets based on reasonable interpretations of scientific knowledge of technological risks to the public and a cautionary stance. A cautionary stance means that not only will known risks be admitted, but that possible risks indicated by credible laboratory and epidemiological scientific studies will also be admitted and related cautionary warnings and suggestions provided. These Cautionary Warning Fact Sheets shall first be provided in order on the subjects of wireless communications, electrical power frequencies, technology addiction & excessive screen time, artificial light, and electrical harmonics and transients.
The time allowed for completion and publication of a fact sheet on these topics, from the time of establishment of this law, shall be at minimum as follows: four months for wireless communications; six months for electrical power frequencies; eight months for technology addiction and excessive screen time; one year for artificial light; and one year and four months for electrical harmonics and transients.
In these fact sheets, the Department of Public Health shall provide information, where appropriate, regarding the risks in pregnancy, to youth, children, the immune-compromised, and any other special population subsets with greater vulnerability. Regarding screen time Cautionary Warning Fact Sheets, the Department of Public Health shall emphasize a cautionary stance of avoidance as best for young children and minimal exposure through adolescence to develop healthy interpersonal relationships and intellectual capacity.
To assist writing Cautionary Warning Fact Sheets the Department of Public Health may hire or take the advice of a credible expert or experts in the field, provided that each expert is clearly identified as an author and further that each expert in question has no concerning history, affiliation or financial arrangement with an industry using said technology and can be fairly considered as independent of corrupting influences from relationships with the technology industry. No assisting expert may be a product defense expert or product defense witness, nor shall such expert be employed by a company whose primary clientele is industry or primary role is in product defense.
In preparing the Cautionary Warning Fact Sheets, the Department of Public Health shall follow a cautionary stance by admitting, where relevant, on each Cautionary Warning Fact Sheet that: “A safe level of exposure has not been identified” and, again where relevant, “Further research is necessary to identify other effects or risks.” When relevant, the Department of Public Health will provide Cautionary Levels of Exposure to avoid known risks, but shall clearly label these as tentative when safe levels of exposure are not known, and shall further be required to update Cautionary Warning Fact Sheets based on reasonable interpretations of current science in regard to facts, cautions, and exposure levels presented. 
The object of the Cautionary Warning Fact Sheets shall be to provide the public with an understanding of known and potential health risks according to common sense, credible laboratory and epidemiological scientific studies, and reasonable interpretations from current science, so that the fact sheets shall require a respectable length and simplicity of language to convey such understanding. A press release or press conference shall accompany the release of each fact sheet, and fact sheets with relevance to school settings shall be provided to the departments of education for distribution.
In order to insure continuing attention to public and emerging health risks, the people of the Commonwealth shall be allowed to submit other technological and chemical risks to the Department of Public Health via a transparent and simple process set in place by the department. Requests for new Cautionary Warning Fact Sheets shall be kept for public record and freely available to the public unless withdrawn by the person submitting the request.
Upon receiving a request for a Cautionary Warning Fact Sheet on a new topic, the Department of Public Health shall begin to prepare Cautionary Warning Fact Sheets on the subject, place the item on a wait list if still working on a different Cautionary Warning Fact Sheet, or shall provide an understandable and reasonable response denying the request within two months and which shall be a part of the public record and freely available to the public. Any statement of denial on the part of the Department of Public Health shall also include the names and signatures of the Department of the Public Health approving of this decision as well as the signature of the governor as a measure of his or her approval.
Cautionary Warning Fact Sheets shall not be used for diseases, but instead shall be designed to address risks of environmental pollution from chemicals or technologies.
To prevent the Department of Public Health from being overwhelmed in duties, the department shall be allowed five months time for the construction of new Cautionary Warnings Fact Sheets, although these may be completed sooner.  When competing requests exist, the department shall create a waiting list and but shall select first those topics that are least understood by the public and appear to pose greatest risks.