Government Affairs Update - November 2018

by Abbie Goodman, MALSCE Chief of External Affairs

NTSB Issues Gas Safety Recommendations In Response September 13, 2018 Merrimack Valley gas disaster

On November 15, 2018, the National Transportation Safety Board issued a series of safety recommendations it classified as "urgent." The NTSB released a report with four recommendations for NiSource, the parent company of Columbia Gas, and one for the state, seeking elimination of the professional engineer licensure exemption for public utility work and a requirement for a professional engineer's seal on public utility engineering drawings. The report recommends NiSource revise the engineering plan and constructability review process across all subsidiaries, review all records and documentation of natural gas systems, apply management of change processes to all changes to identify threats that could result in a common mode failure, and develop and implement control procedures during gas main modifications to mitigate risks.

Link to the NTSB Report

To make the change in state law to eliminate the Professional Engineer licensure exemption for public utility work and mandating a requirement for a Professional Engineer's seal on public utility engineering drawings would require legislation to amend M.G.L. c. 112, s. 81R(l):

Link to MGL Chapter 112, section 81R   

Section 81R is known as the industrial exemption.

Link to NSPE (National Society of Professional Engineers) State-by-State Report on Exemptions 

We will update MALSCE members on any legislation filed in the 2019-2020 legislative session on this issue. 

Gas Oversight Hearings

During the week of November 12, Senate President Karen Spilka announced that the State Senate will hold public hearings on the Columbia Gas disaster in the Merrimack Valley. The two Senate hearings are scheduled for December 4 in Boston and December 17 in the Merrimack Valley. In addition to the state-level hearings, the US Senate Committee on Commerce, Science & Transportation will be holding an oversight hearing in Lawrence on November 26 at 9 am in Lawrence, MA. Hearing Details
The deadline for Columbia Gas customers to be full restored is December 16, 2018. Columbia Gas reported that as of November 16, 2018 approximately 49% of residential gas meters and 67 percent of business meters have been restored.

Public Health Releases Opioid Numbers 

During the week of November 12, 2018, the Department of Public Health released the most recent statistics related to opioid deaths in the Commonwealth. There were 1,518 opioid deaths between January 1 - September 30, 2018, compared to 1,538 deaths over the same time frame last year. Despite the new state laws and increasing public attention, this accounted for only a small decrease in the number of deaths. Governor Baker, who sponsored the CARE Act related to prevention and education during this legislative session stated "The opioid epidemic, fueled by an all-time high level of fentanyl, remains a tragic public health crisis responsible for taking too many lives in Massachusetts,  there is much work left for all of us to do." The final opioid abuse legislation included language that expands access to Narcan by allowing pharmacies to dispense the drug without a prescription; it also allows certain sheriffs within Massachusetts to purchase naloxone at a lower cost through the state's bulk purchasing program and allows local municipalities to exchange unexpired naloxone.

  
Post-Election Wrap-up

(With thanks to ACEC/MA and Rasky Partners)  Massachusetts saw heavy voter turnout this election - higher than the past 2 midterm elections. Nationally, approximately 114M voters turned out, compared to 83M voters in 2014. State highlights include the following:

Republican Governor Charlie Baker beat Democratic challenger Jay Gonzalez with 66.5% of the vote compared with 33.5% for Gonzalez. Democratic Senator Elizabeth Warren claimed victory over Republican State Rep. Geoff Diehl with 60% of the vote. Rep. Diehl had been a strong supporter and MA Campaign Chair for President Donald Trump.

Boston City Councilor Ayanna Pressley, who defeated ten term incumbent Congressman Mike Capuano in the 7th Congressional District Democratic primary, secured a general election victory and will now become the first black woman to represent Massachusetts in Congress.

After beating 9 other candidates in a crowded Democratic primary, Lori Trahan bested Republican Rick Green to win the general election to represent the 3rd Congressional District.

Republican State Representative Jim Lyons from Andover, known as the most staunchly conservative voice in the Massachusetts Legislature, lost his seat to Democratic newcomer Tram Nguyen. Four-term Republican State Senator Richard Ross from Wrentham lost his seat by more than 2,000 votes to Democratic challenger Becca Rausch.

In what was the most expensive ballot campaign of the season, more than 70% of voters rejected Question 1 with a “No” vote. The question proposed to increase nurse staff ratios in hospitals and had been led by the Massachusetts Nurses Association. Additionally, 68% of voters voted “Yes” to keep a state law that protects transgender people from discrimination intact. Question 3 had the bi-partisan support of Governor Charlie Baker, Speaker Robert DeLeo and Senate President Karen Spilka.

MA Board of Registration of Professional Engineers and Professional Land Surveyors:

The Board of Registration cancelled its November 15, 2018 meeting. The next meeting will be on December 20, 2018. The agenda for this meeting will be posted during the week of December 17 on the Board's webpage here. (See Upcoming Events). Issues for discussion on December 20 are expected to include:

• Draft Response of the Board to the alleged “exam breach.”
• “Professional Practice, A Guide to the Practice of Architecture, Engineering, and Land Surveying in Massachusetts” dated 1997 and produced by the Massachusetts Board of Registration of Professional Engineers and Professional Land Surveyors and the Board of Registration of Architects – which needs to be updated to reflect current version of 250 CMR, 231 CMR and certain other statutes and regulations. MALSCE, ACEC/MA and BSCES leaders played an active role in the development of this important document in the mid-1990s and it is time for an update.
• 2019 Meeting Dates – Board Meetings and Interview Subcommittee

Board Counsel Legal Report:

• Status of draft policy on Use of the Title Engineer
• Progress on the proposed Continuing Professional Competency regulations.

These are pending issues in the Division of Professional Licensure

• Continuing Education: The draft proposed regulations on Continuing Professional Competency are still being reviewed within the Division of Professional Licensure, before they receive additional review outside the agency (not expected before November election)
• Draft Policy on the Use of the Title Engineer: not yet finalized.
• Another issue under review: M G.L. c. 112, s. 81R(a) Exemption regarding practice of trades

Additional resource links:

Legislative Updates

DigSafe: This bill is now H4420, An Act Relative to Public Safety in Excavation

MALSCE is actively supporting H4420, An Act Relative to Public Safety in Excavation. This bill is currently in the House Ways & Means Committee. Abbie Goodman has had several meetings with legislative leaders about this bill in recent weeks to advocate for this bill to move during this current informal session, which ends on December 31, 2018. This bill would allow land surveyors to access Dig-Safe information earlier in a project, when the project is in preliminary design. Specific, accurate utility location information at the design phase of projects will promote more efficient design and construction of facilities and protect the general public, utility company assets and the lives of contractors. It also will help to reduce the number of construction change orders for public and private sector projects, saving money during construction and improving construction site safety.

Please contact your Massachusetts State Representative to urge positive action on H4420 this session.You can find your current State Representative (Representative in the General Court) by entering your home address on this state site: https://www.sec.state.ma.us/wheredoivotema/bal/myelectioninfo.aspx

FTC Staff Report Examines Ways to Improve Occupational License Portability Across State Lines

In late September 2018, the Federal Trade Commission (FTC) issued a report on Licensure portabilty that is part of the FTC’s ongoing Economic Liberty Task Force initiative to reduce or eliminate unnecessary occupational licensing requirements

Link to FTC Press release on Report  

The Report is entitled: Options to Enhance Occupational License Portability.

Link to  FTC’s Economic Liberty Task Force initiative.

Opportunities to Serve on Boards and Commissions

Professional Engineers, Professional Land Surveyors, Registered Architects and other Design Professionals living in and licensed in Massachusetts are sought after to serve on certain public boards and commissions created under state law or by regulations. This is an opportunity to participate directly in government, by providing your professional expertise to help shape public policy for the benefit of residents. For more on serving and how to apply, see this link: https://www.engineers.org/get-involved/public-boards-commissions

-posted by Abbie Goodman, MALSCE External Affairs Chief