MALSCE Government Affairs Update – January 2024
Government Affairs activities and news for MALSCE members
by Abbie Goodman, MALSCE Chief of External Affairs
Save the Date: May 30, 2024, 9 – 11:30 AM: Engineers and Land Surveyors Day at the State House in Great Hall and around the State House.
- More to follow on this in 2024.
- 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 1/16/2024.
Governor Healey Files H2, FY2024 Budget Proposal
Governor's Budget, H2
Transportation Briefing Sheet
Fair Share Investments in Education &
Transportation Briefing Sheet
Climate Action Briefing Sheet
Governor Healey filed her Fiscal Year 2025 (FY25) budget proposal on January 24. The filing of the Governor's budget comes during a period of slowing revenue growth in Massachusetts. The proposal also comes just weeks after the Governor initiated $375M in spending cuts and lowered the revenue estimate by $1B for FY24. The FY25 budget will be based on a revenue forecast of $40.202B, which represents a 2% increase over the revised estimate for FY24. Neither estimate includes revenues from the State's new surtax on income over $1M, which is projected to bring in between $1.7 and $2.1B in FY25. Despite slowing revenues, both the Governor and legislative leaders have rejected the prospect of raising taxes as part of the consideration of the FY25 budget.
The Governor has already signaled several priorities that she will include in her FY25 budget proposal, including over $500M in new investments in early education and childcare, $8.7B in local aid and education funding (a 3% increase over the current fiscal year), and doubling operational funding for MBTA operations. Once the Governor's budget is filed, legislators will formally begin the process of determining spending priorities during what has been called a difficult budget cycle. The House will begin budget debate in April and Senate debate will follow in May.
State Senate Votes To Leverage Rainy Day Fund Interest:
- In October 2023, Governor Maura Healey proposed using interest generated from the state rainy day fund as matching funds for federal grants. The policy proposal is designed to help Massachusetts compete for billions of federal dollars available through competitive BiL (Bipartisan Infrastructure Law) grants to the states. competition among states. The Massachusetts Senate voted on January 11, 2024 to pass this bill to be engrossed by a vote of 39-0. The bill would leverage interest from the state's stabilization fund to better compete for federal dollars, and to pay down long-term debt liabilities.
Governor Healey Resets Budget Outlook With Spending Cuts, Downgraded Forecast: Includes Plan to Cut $375M from FY2024 Budget More
R&D Amortization:
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 house districts to try to fix this issue. More: https://www.acec.org/advocacy/protecting-innovation/
10th Edition of Building Code Moving to Public Hearings:
At the 12/12/23 BBRS (Board of Building Regulations and Standards) meeting, Comm. Sarah Wilkinson of the Division of Occupational Licensure reported that on 12/11/2023 at 5 pm, the Healey Administration gave final approval to the Division to move the proposed 10th edition 780 CMR state building code to public hearings. Notice of Public Hearings Public comments will close on March 6. The unofficial 10th edition of the code is here: https://www.mass.gov/handbook/unofficial-tenth-edition-base-code-draft-780-cmr
DPU Order Targets Natural Gas Expansion; Decarbonization Laws Driving Effort To Limit New Gas Pipelines, Mains.
More: https://www.acecma.org/about/news/dpu-order-targets-natural-gas-expansion-5339
Bills to Address Feasibility of Voluntary Acquisition of Flood Risk Properties and Structures.
More: https://www.acecma.org/about/news/bills-to-address-feasibility-of-voluntary-acquisition-of-flood-risk-properties-and-structures-5336
Division of Occupational Licensure: Board of Registration of Professional Engineers and Professional Land Surveyors
The next Board of Registration public meeting will be on January 25, 2024. The Board of Registration is planning to hold this meeting virtually on Teams. For meeting details, go to this page two business days before the meeting and scroll down to the meeting listing to download the agenda with either location or connection instructions.
- November 16, 2023 - draft final minutes are not yet posted though they were approved at the December 21 Board meeting. This is an unofficial copy: Draft November 16, 2023 Public Session Board Minutes
- Note: The Board’s exam committee had a meeting on January 12, 2024 to discuss the results of the fall PS exam. The results will be announced at the January 25, 2024 Board Meeting.
Highlights of the 12/21/2023 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 January and February meetings 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 9:00 am.
- The Board discussed 2024 meeting dates, now posted here: Board of Registration proposed 2024 meeting dates
- The board approved the November 16, 2023 Public Session Meeting Minutes: see above for a draft version, as final November minutes have not yet been posted..
- The Board elected its officers for CY2024: Paul Tyrell, PE, Chair, Ron Willey, PE, Vice Chair, Azu Etoniru, PLS, Secretary.
- Board member Erin Joyce, PE, who had previously submitted her resignation to the Board of Registration due to her election as the Mayor of Braintree, appeared before the Board to be thanked for her service as a board member. Board member Shannon Slaughter, Esq, the public member of the board, who had previously submitted her resignation to the Board of Registration, appeared before the Board to be thanked for her service as a board member. .
- Board Counsel Legal Report from Patricia LaFore:
- 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 Kathleen McNally informed the Board that the revised and updated complaint tracking spreadsheet was still undergoing review and updating with the hope that a current version would be available before the end of the year. She also informed the Board that a comprehensive review of the NCEES Enforcement Exchange was underway to ensure that all disciplinary actions and dispositions taken by the Board have been reported and uploaded to the individual’s NCEES Enforcement record.
- No Change: JP Exam Conversion to CBT: This is still under discussion with the vendor.
- She also discussed a Petition to Terminate Suspension for Licensee #41423-C
- In June 2022 C. Ferreira entered into a consent agreement as a PE acting as a PLS. He was suspended from being a PE for 18 months and paid a $2500 fine. The board agreed to terminate his suspension from practicing as a PE.
- These are the documents related to this issue:
- Prior Executed Consent Agreement with C. Ferreira
- Formal Request to Terminate Suspension of C. Ferreira
- 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 January meeting. The meeting adjourned at app. 10:15 am.
