COMMONWEALTH OF MASSACHUSETTS Michael S. Dukakis Governor EXECUTIVE ORDER NO. 145 CONSULTATION WITH CITIES 

### & TOWNS ON ADMINIS TRATIVE MANDATES WHEREAS, municipal officials must be able to consider statewide agency policy and re gulatory actions whic h have significant financial , procedural, or organizational impact on local governments in order to effectively prov ide services to their citizens; and WHEREAS, state agencies ought to consider the impact on local governments of policy and regulatory mandates which include significant financial, procedural, or organ izational obligations in order to make informed, credible decisions regarding the application of such policies and regula t ions; and WHEREAS, the Governor recog nizes that state-local cooperation in the formulation of the Commonwealth's administrative policies and regulations affecting local qovernments is essential to the successful implementation of v iable policies and regulations; and WHEREAS , affirmative steps are necessary to ensure that municipal officials are fully informed of proposed agency policies and regulations which affect local governments, prior to their promulgation; and WHEREAS, state administrative mandates may place significant additional financial burdens on municipalities; NOW , THEREFORE , I, Michael S . Dukakis, Governor of the Commonwealth by virtue of the authority v ested in me as supreme executive magist rate , do hereby order as foll ows. SECTION I: DECLARATION OF POLICY Agenc ies shall take no action (as defined in Section II) without having followed the consultation procedures as set forth in Section III to inform and thereafter receive advice from local governments of the potential impact on loc al governments of the proposed action. SECTION II: DEFINITION Agency is defined as any agency, department, board, commission, authority or other instrumentality of the Commonwealth. Action is defined as (a) the adoption, repeal or amendment of any rule or regulation subject to the Mass. Administrative Procedure Act (hereinafter called A.P.A. ), M.G.L. Chapter 30A; (b) any administrative action that either places additional expenditure, procedural, or organizational requirements on local governments or limits the discretionary powers of local officials or agencies on a statewide basis. Enforcement of dul y enacted laws and regulations is not within the scope of this executive order . The Local Gov ernment Acdvisory Committee established pursuant to 

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### Page 2of3 Executive Order No . 123 ( 1976 ) is hereinafter called L.G. A. C. The Department of Community Affairs is hereinafter called D . C. A. SECTION III : PROCEDURES 1 . In the case of action subject to the A . P . A . , at l east 14 calen dar day s prior to the initiation of compliance with t h e A . P. A ., agencies shall initiate the procedures set forth below . In the case of actions not subject to the A . P.A., agencies shall initiate said procedures a t least 45 calendar days prior to t he proposed implementation of said action . 2. Agencies shall prov ide L.G . A . C. and D.C . A. with a b r ief state - m

e n t describing the proposed action which e m phasizes t he responsible agency officials ' best judgement of thos e elements which might impact on l ocal gov ernments including, w hen feasible, preliminary cost estim

ates . 3 . W ithin 21 calendar day s of receipt of said notice, either L . G .A. C . or D.C . A . shall notify the originating agency as to w h ether or not it be li eves t h e proposed action presen ts po t ent ia l for s i gnificant impact. Fai lure to so notify within 21 calendar days shall be deemed to constitute a judgement of no significant impact . 4. Any such notice shall set forth the aspects of the proposed action which the L.G . A . C . or the D.C.A . , as the case may be, believ es present potential for significent impact. 5 . Within 1 4 calendar day s of the receipt of a notice unde r Section III 3,4, the ori g i nating agency shall conv ene a meeting of representat ives of the agency , L.G.A.C., and D . C.A . to rev iew and discuss the potential l y si g nificant i m pact of the proposed act i on . SECTION I V : EMERGENCY ACTION Agencies may initiate emergenc y ac t ions under relev ant sections of the Administrat ive Procedure Act without prior compliance wi t h this o r der, provided that compliance shall be initiated as soon as practicable following the e m ergency action and in any event to m a k i n g any emergency action permanent. SECTION V: DETERMINATION OF SIGNIFICANT IMPACT In determining w hether the proposed action may present potential for significant impact, agencies, L . G.A . C ., and the D . C. A . shall con - sider t he ext ent to w hich the proposed action m ight requ ire municipalities: a) to significantly e x pand existing services ; b ) to employ additional personnel; c) to si g n i f i cantly alter administrat ive and w ork procedures; d) to real i gn organizational structures; e) to increase disbursements which are n o t reimbursed by the federal o r state gov ernment; or f) to limit the discretion exercised by local officials . 

### http://www.lawlib .state .ma. us/source/rnass/eo/eotext/EO 145 . 

### txt 6/9/2014Each agency head, or a designee of the agency head, shall have responsibility withi n that agency for revi ewing proposed administrative policies and regulations to ensure compliance with this order. SECTION VI : EFFECTIVE DATE This order shall take effect on November 20, 1978, provided, however, that it shall not apply to any action subject to the A.P.A. for which compliance with the A . P.A. is initiated prior to November 20, 1978. SECTION VII This order shall continue in effect until amended, superseded or terminated by subsequent Executive Order. Given at the Executive Chamber in Boston this twenty-first day of October, in the year of Our Lord one thousand nine hundred and seventy eight and of the independence of the United States of America, two hundred and second. MICHAEL S. DUKAKIS GOVERNOR Commonwealth of Massachusetts Paul Guzzi Secretary of the Commonwealth



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