MALSCE Government Affairs Update - August 2022

by Abbie Goodman, MALSCE Chief of External Affairs

MALSCE Government Affairs Update – August 2022

Important to Note:

• MALSCE-backed Dig Safe bill in Infrastructure bond bill, Now Chapter 176 of the acts of 2022  - see below

Massachusetts Legislature: 2021-2022 Session 

The Massachusetts Legislature’s formal session for the 2021-2022 legislature ended early in the morning of August 1, 2022 (technically with clock stopped at a little before midnight on July 31, 2022. 

Here is the status of bills of interest to MALSCE members sent to the Governor at the end of the session.

- Dig Safe Language passed in Infrastructure Bond Bill:   Our Dig Safe language was included in the bill that the legislature sent to the Governor at the end of the session. Now Chapter 176 of the acts of 2022 

MBTA electrification and safety reporting requirements feature as the most prominent parts of this infrastructure bond bill Gov. Charlie Baker wants to change with an amendment he returned to the Legislature. Baker approved all the bond authorizations in the nearly $11.4B bill (H 5151) he signed on 8/10/22, including $400M for immediate safety improvements at the T and $275M as a down payment toward a western Massachusetts passenger rail expansion, and several of the outside sections packed into the major legislation. This infrastructure bond bill is important for the state to allocate the state match for the federal  IIJA (Infrastructure Investment and Jobs Act) as well as to have additional funding to apply for some competitive federal infrastructure grants.

- Energy & Climate signed on 8/11/22 Gov. Charlie Baker has signed the compromise offshore wind and climate bill that lawmakers sent back to him July 31 after having addressed some of his initial concerns with it. This is now  Chapter 179 of the Acts of 2022 

The new law seeks to reshape the way the state connects to offshore wind power, accelerate a transition to renewable energy sources and help Massachusetts achieve its target of net-zero emissions by 2050 -- all general goals that Baker and his administration have long supported. However, the governor expressed concerns with the original bill the House and Senate sent him, and he returned it in late July with amendments, including a call to put $750M in American Rescue Plan Act dollars toward clean energy uses. While the Legislature did not adopt all of Baker's suggestions when they reworked the bill in the final hours of formal lawmaking sessions, legislators did go along with some of the governor's suggestions like the outright elimination of the offshore wind price cap.

Massachusetts lawmakers, along with Baker and his administration, have committed the Bay State to reducing carbon emissions by at least 33 percent by 2025, at least 50 percent by 2030, at least 75 percent by 2040 and at least 85 percent by 2050, with tag-along policies required to get the state to net-zero emissions by the middle of the century. Getting electricity from renewable sources and switching things that run on fossil fuels to use that cleaner electricity is the state's primary strategy for meeting those requirements.

The housing crisis has been a central part of Governor Baker's thinking around climate legislation since at least late 2020, when he vetoed an earlier version of what in early 2021 became the state's climate roadmap law because it would have allowed municipalities to require new construction to be "net-zero" through updated building codes. A provision of this new law empowers 10 municipalities -- Acton, Aquinnah, Arlington, Brookline, Cambridge, Concord, Lexington, Lincoln, Newton, and West Tisbury -- to limit or ban the use of fossil fuels in new construction as part of a so-called demonstration project.

Ongoing: Workforce Participation Goal Requirements

We are tracking issues related reporting for design professionals to Workforce Participation Goal Requirements under M.G.L. c. 149, § 44A(2)(G), which states that all contracts by a state agency or state-assisted contracts for design, construction, reconstruction, installation, demolition, maintenance, or repair must contain workforce participation goals for minorities and women.

Let Abbie Goodman know if you are seeing language related to this reporting in your contracts.

• DCAMM contract language on this issue is now appearing in contracts:

7.20.4. Minority and Women Workforce Participation and Reporting. If the Awarding Authority is a state agency then pursuant to M.G.L. c. 7C, s. 6 and M.G.L. c. 149, s. 44A(1)(G) the Designer shall make every effort with a goal of increasing opportunities for minority and women design professionals to provide services under this contract. The Designer shall provide monthly reports of the gender and race/ethnicity of employees engaged in work under this contract in the form and format required by DCAMM, including, but not limited to electronic reporting.

• Next steps:     
  • DCAMM provided excel spreadsheet sample (see attached). For DCAMM jobs, prime designers will input this data on LCP Tracker, with access provided by DCAMM. Requested meeting on reporting mechanism, which will be on an excel report submitted
  • Requested meeting with Executive Office of Administration and Finance to then request update of Administrative Bulletin on this issue to go to state agencies and authorities.
  • Municipal contracts will need another effort.

Division of Occupational Licensure: Board of Registration of Professional Engineers and Professional Land Surveyors

Next Board of Registration meeting: August 25, 2022, on Teams, though this might change. The Board of Registration plans to continue virtual meetings for now, as the Governor and Legislature have extended the law allowing virtual public meetings like this to continue through March 31, 2023. To connect to the meeting, go to this page and scroll down to the meeting listing  to download the agenda with connection instructions.

July 28, 2022, Meeting Summary: these are not minutes, but a summary of what I heard.

Chair Paul Tyrell opened the meeting at 9:05AM

Review / Approve Minutes:

• June 23, 2022 Public Session (draft)

Discussion Items:

• Comments from Chair
• Next Meeting Date – August 25, 2022
• Executive Order Protecting Access to Reproductive Health Care Services in the Commonwealth

Reference docs added by Abbie:

https://www.mass.gov/executive-orders/no-600-protecting-access-to-reproductive-health-care-services-in-the-commonwealth?n

Press Release: https://www.mass.gov/news/governor-baker-signs-executive-order-to-protect-access-to-reproductive-health-care-services#:~:text=The%20order%20prohibits%20any%20Executive,that%20are%20legal%20in%20Massachusetts.

• Adopt remote meeting procedures

• Virtual meetings allowed under state law now until March 31, 2023
• If the board returns to in person meetings, enables remote participation by board members if quorum in the room. This would probably be by speaker phone.
• Quorum is 6 board members
• Members of the public would have to be in person.
• Esther Laine, Asst Commissioner, is working to boost in room technology at the Division

• Board discussed Attestation Review Items

New applicants for licensure will have to provide information on several items but tabled for now

• Background during license renewal:  Have you complied with all rules & regs., etc.
• Is your SS # in the system (yes if you ever applied for licensure)
• Any out of state discipline to notify board about
• If beyond the 30 days, this is a problem

If you answer incorrectly triggers an attestation review.  The board tabled this discussion until their next meeting

Board Counsel Legal Report from Jenna Hentoff:

• Status update on proposed Continuing Professional Competency (CPC) regulations: CPC regs:  have been reviewed by DOL and sent to office of consumer affairs
• Joint Policy on Professional Practice: Still working with Board Counsel for Architects before agency review
• Local Registered Engineering Licenses – Swansea - Memo summarizing issue in board packet; I have requested a copy of this memo
• Update on Pending Legal matters: No other pending legal matters

Executive Director Report:

• NCEES Enforcement Exchange

Eric Funk for Jason Wentworth: No updates yet

A couple of individuals notified the board that they were subject to pending discipline in other states, but they are not showing up yet in NCEES Enforcement Exchange. No other matters related to MA licensees are in the NCEES Enforcement Exchange this month.

• Case Status Report: Will see massive update in this report in August; there are a lot of cases

• Self-report of discipline from License No. 47932-C
  • From a CE who notified the board that he has been licensed for 35 years. Signed a consent order on April 6, 2022, but did not notify the board within in the required 30 days. Planned to report with license. Apologized.

(Deficient seismic design in Olive Branch, Mississippi:fine of $11K and license on probation for 2 years, required to take a particular ASCE seismic design course within 2 years.)

Board is not pursuing additional discipline.

Review of Applications:

• Issue with upload of documents to PCS
• Notified PCS
• Either documents are not visible for Eric’s review or the docs themselves appeared using gibberish font (like wingdings). As a result, Eric was unable to send applications for board review. Next week Eric expects to send exam apps next week. He received 160-180 applications this month.  A lot of people need to submit more documentation.

Example: tech degree without 8 years experience,  did not have references, other examples

• Application Review Report:  Board passed a Motion to accept the report

• Applicant Suitability Discussion (if required)
  • Suitability of applicant 1026990: Applicant notified board that he had pending disciplinary action in another state, but subsequently resolved with a consent order that Division doesn’t have yet  (in addition to one with another individual and one for the firm employing the candidate). Board will wait until they receive the request information before making a determination.  

• Suitability of applicant 1026667: Notified of pending disciplinary action and voluntary surrendered or resigned a license in another state. Firm did not have certificate of authorization. Had submitted applications for both in Alabama but proceeded with work before licensed in the state. Now has been resolved. He and his firm did work in Alabama  (April 2019-August 2021) Agreement in Alabama, Paid fine. Let his license lapse in Puerto Rico (doesn’t equal surrendered or resigned a license)

Board Counsel recommended to proceed; Board motion to proceed with application.

• Suitability of applicant 1020354: CE: Notification of board in his application about prior discipline in Massachusetts (license was revoked). Has 1 prior consent agreement on another matter. 2019 advisory letter due to unlicensed practice. Has now submitted new application for licensure. New comity application because individual stills holds active licenses in 2 other states. Negligent conduct for ability to practice engineering, did not adequately acknowledge his significant deficiencies mistakes in the hearing.  Somewhat recent. Was prior to 2020. 2015 case, decision in 2018. This is new NCEES examination application, the candidate is seeking structure license. Worked on over 400 projects since license was revoked. PE continues to operate in a couple of states.

Board will review documentation supplied for examination. Board would like to interview the candidate in Executive Session.

Correspondence:

• Email from Bruce Hopper, Deputy General Counsel for Litigation, Massachusetts Department of Environmental Protection dated July 15, 2022, regarding whether a scan of a wet signature/seal submitted electronically as part of electronic submittal of plans is acceptable. Board will issue a response outlining. He is asking the board whether a scan of a wet signature on a plan is acceptable. Board will issue a response outlining that the decision is to be made by approving authority, which can ask for original wet signature or digitally signed electronically. Board will suggest looking at 250 CMR, 5.03 s.11, to see if it complies.  If it does, then it is  acceptable.

Board noted some municipalities can require wet signatures only. Nothing stopping someone from scanning. To be authentic, needs to be digitally signed or original wet signature

Board member Dan Caron offered to share a video about globo sign technology

Adjourn at 10:15 am to go into closed investigative session.

_ _ _ _ _

Previously reported Background on Town of Swansea Issue (scroll down in November MALSCE External Affairs Report)

- The public meeting ended at 10:30 AM