MALSCE Government Affairs Update - February 2019

MALSCE Government Affairs Update - February 2019

by Abbie Goodman, MALSCE Chief of External Affairs

Save the Date: May 22, 2019 - Engineers & Land Surveyors Day at the State House

Leadership Assignments in Massachusetts Senate and House

On February 14, 2019, the Massachusetts State Senate President, Senator Karen Spilka (D-Ashand) and the Speaker of the Massachusetts House of Representatives, Representative Robert DeLeo appointed their leadership teams, committee chairs and committee members.

Here are links to those leadership and committees:

Massachusetts Senate, Democratic Leadership

Massachusetts House of Representatives, Democratic Leadership

In addition: House Minority Leader Brad Jones completed the committee assignments for his 32-person Republican caucus in late January.  

Massachusetts House of Representatives Republican Committee assignments

Dig-Safe Bills Updates

MALSCE, ACEC/MA, and UCANE worked together to have the Dig-Safe billed (version that was in House Committee on Ways & Means at the end of 2018) refiled in both the House and Senate for this legislative session. As of February 17, 2019, the House and Senate Dockets for the bill have been posted and they will be to a legislative committee and assigned bill numbers shortly.

For now, you can find the bills here:  

HD2772 - An Act to relative to improving public safety in excavation
https://malegislature.gov/Bills/191/HD2773
Sponsor: Rep Antonio F. D. Cabral (D)

SD1303 - An Act to relative to improving public safety in excavation
https://malegislature.gov/Bills/191/SD1303
Sponsor: Senator Brendan P. Crighton (D)

Thank you to MALSCE leaders who helped us request additional co-sponsors in both the House and Senate, greatly helping in promotion of this bill. Co-sponsors are listed on the web links for the House and Senate Dockets above.

We'll have additional updates on other bills of interest to MALSCE members soon.

Massachusetts Passes Law Requiring Professional Engineers on Natural Gas Projects

On Monday, December 31, 2018, the Senate passed An Act ensuring the safety and soundness of the commonwealth’s natural gas infrastructure, previously passed by the House, and Governor Baker signed it into law as Chapter 339 of the Acts of 2018..

This new law includes an emergency preamble and takes effect immediately. 

• Utilities operating in Massachusetts will face new oversight on natural gas work. The bill implements a recommendation the National Transportation Safety Board made in its ongoing review of the September 13, 2018 natural gas fires and explosions that killed one person and damaged homes and businesses throughout Andover, North Andover and Lawrence. 
• The new law requires that all natural gas work that might pose a material risk to the public be reviewed and approved by a certified professional engineer. The bill, as signed into law, is the original language as filed by the Governor on November 20, 2018. It is very unusual for a bill to sail through informal session so quickly.  ACEC/MA was the only association to testify on the bill during its public hearing before the Joint Committee on Telecommunication, Utilities and Energy on December 11, 2018.
• The Department of Public Utilities will be issuing draft regulations that clarify how Professional Engineers are to be in responsible charge of these projects. More on this process soon.

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

Abbie Goodman attended the January meeting of the Board of Registration of Professional Engineers and Professional Land Surveyors and briefed Board members about the natural gas bill (see above).

The Board discussed the exam score results sheet for the October 2018 Jurisprudence exam.

• At least 34 correct answers were needed to meet the pass score of 69%. 
• 5 of the 11 exam takers passed with a score of at least 69%.

The next Board of Registration meeting will be on February 28, 2019. Issues will probably include:

• 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

As a reminder, these are additional steps on continuing professional competency regulations:

• Legal review by Board’s Legal Counsel, Sheila York – small business impacts – done
• Review by DPL General Counsel - underway
• Review by DPL Director Chuck Borstel
• Review by office of John Chapman, Undersecretary, Consumer Protection & Business Regulation
• Review by office of Jay Ash, Sec, Exec Office of Housing & Economic Development 
• Review by office of Michael Heffernan, Sec, Exec Office of Administration & Finance – review of small business impacts 
• Review by the office of Secretary of State Bill Galvin for technical and formatting issues – including DPL filed review on small business impacts
• Return to Board of Registration, which would then hold a public hearing and accept public written comments on the regulations after 30 days’ notice.  
• The Board of Registration considers comments received and votes to modify or adopt.
• Then, if no issues, Regulations would be promulgated by the Secretary of State’s office - usually within 3 months. 

Gubernatorial appointment requests:

• New: Public Member for Designer Selection Board (not engineer, architect or contractor)
• Previously reported:
  • Architect for ARB (from an A/E Firm)
  • Electrical Engineer, Chemical Engineer, Fire Protection Engineer
  • Diversity in candidates

Additional resource links:

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