MALSCE Government Affairs Update – April 2024
Government Affairs activities and news for MALSCE members
by Abbie Goodman, MALSCE Chief of External Affairs
Engineers and Land Surveyors Day at the State House in Great Hall and around the State House.: May 30, 2024, 9 – 11:30 AM:
Sign up by May 1 + More Info: https://www.engineers.org/about/news/engineers-and-land-surveyors-day-at-the-state-house-may-30-2024-5491
- As reported previously, the Davis-Bacon Updates took effect on 10/23/2023. Both ACEC National and NSPS held webinars on the section pertaining to land surveying crews in November with the same instructor.
- On Nov. 7, ABC (Associated Builders and Contractors) filed a lawsuit in the U.S. District Court for the Eastern District of Texas challenging the DOL’s final rule. NSPS is reportedly supporting the suit in some way, but is not mentioned in the press release: ABC Press Release on lawsuit.
- There have been no updates on this pending litigation as of 4/9/2024.
House Ways and Means expected to file FY2025 Budget Proposal on April 10, 2024.
Will post more information when it is available.
R&D Amortization in Congress
ACEC National continues to advocate for a Congressional fix to this tax issue that impacts many engineering and land surveying firms. They continued the ad campaign targeting DC and certain US Senators to try to fix this issue. More: https://www.acec.org/advocacy/protecting-innovation/
Division of Occupational Licensure: Board of Registration of Professional Engineers and Professional Land Surveyors
- Next Board of Registration of Professional Engineers and Professional Land Surveyors public meeting is posted as: April 25, 2024, but at its March 28 meeting, the Board discussed changing this meeting to April 24. The Board of Registration is planning to hold this meeting on Teams. For meeting details, go to this page on April 22 or two business days before the meeting and scroll down to the meeting listing to download the agenda with either location or connection instructions.
- Draft January 25, 2024 public meeting minutes were approved at the March 28, 2024 public meeting but are not yet posted on the Board's website. Here is the version that the board discussed at its March 28, 2024 Board meeting: draft January 25, 2024 public meeting minutes. February public minutes are expected to be available at the April Board meeting.
Highlights of 3/28/2024 Board of Registration Meeting
This is a summary of major issues discussed at the meeting, based on observing the meeting on Teams:
- The Division of Occupational Licensure records its boards’ meetings.
- This meeting was held on Teams only. The planned April meeting (date tbd) will also be on Teams. The Board plans to return to hybrid meetings later in 2024, if at least one-quarter of the board is able to attend in person.
- Chair Paul Tyrell called the meeting to order at 9:02 am.
- The January 25, 2024 public session meeting minutes were reviewed and approved at this meeting. The public meeting minutes for the February 22, 2024 meeting are expected for review at the April meeting.
- The Board again discussed the poor quality of plans filed with the Suffolk Registry of Deeds and discussed having staff prepare a letter of concern to all the Registries of Deeds. They asked board counsel to prepare a letter. DoL staff asked the board to conduct a thorough investigatory process including information about the issues on the last three or four plans filed with the Suffolk Registry of Deeds. After some discussion, the board asked several members to provide comments on certain filed plans.
- The result of the discussion may lead to an advisory notice to the Registries of Deeds and the Secretary of State about the need for the Registries to follow their own standards and comply with 250 CMR.
- Board Counsel Legal Report from Jenna Hentoff
- Patricia LaFore is no longer with the Board or the Division.
- The new Board Counsel is Philip Chan, who was previously in the office of prosecutions in the Division.
- No Change: Draft Continuing Professional Competency Regulations are still in the Executive Office of Administration and Finance and then would move on to the Secretary of State's office for review.
- Executive Director report given by Eric Funk and Colleen Mahoney from the Division of Occupational Licensure as Kathleen McNally was away.
- Chipping away at the NCEES enforcement exchange list
- Putting together a case tracker for cases through 2022.
- Conversion of JP exam to computer-based-testing is still under legal review in the division but they are looking at a possible contract amendment on this.
- The Commonwealth does not look for out-of-state disciplines, but licensees are required to notify the board about consent agreements reached with other states’ licensing boards.
- There was one consent agreement reached by the Division in March with Gary James, who settled with a 30 day suspension and $1000 fine.
Additional issues discussed by the Board:
- NCEES Annual Convention will be held August 14-17, 2024 in Chicago
- PLS Oral Exam/Interviews will be on April 11 and 18 for 6-7 candidates
- PE Oral Exam/Interviews will be set soon.
- NCEES SUE Survey
- Correspondence: the Board noted that it received correspondence from NCEES to gauge consistency amongst state licensing boards on their treatment of SUE. NCESS is trying to better understand if any boards have a definitive standing on
subsurface utility engineering. Email from NCEES
- The Board agreed that SUE is neither engineering or surveying unless it shows offsets to property lines.
- The Board did not finalize draft responses to email questions they received at their October meeting, referenced in my November report. Based on the discussion, board, and staff will draft responses to the message that may be reviewed at the April meeting.
The Board’s Public Meeting adjourned at about 10:15 am.
- Separately, here are copies of consent agreements between the Board of Registration and certain respondents that were mentioned at the February 2024 Board meeting but were not available for posting until recently:
Old News, here just for reference:
Davis-Bacon Update - Potential Impact on Land Surveying Crews
- As reported previously, the Davis-Bacon Updates took effect on 10/23/2023. Both ACEC National and NSPS held webinars on the section pertaining to land surveying crews in November with the same instructor.
- On Nov. 7, ABC (Associated Builders and Contractors) filed a lawsuit in the U.S. District Court for the Eastern District of Texas challenging the DOL’s final rule. NSPS is reportedly supporting the suit in some way, but is not mentioned in the press release: ABC Press Release on lawsuit.
- There have been no updates on ABC’s pending litigation as of 4/9/2024.
Board of Registration of Professional Engineers and Land Surveyors seeks Civil Engineer for Board Service
Please note that this is an enforcement board. More: https://www.engineers.org/about/news/massachusetts-board-of-registration-of-professional-engineers-and-land-surveyors-seeks-civil-engineer-4985
