MALSCE Government Affairs Update - June 2019

MALSCE Government Affairs Update - June 2019

by Abbie Goodman, MALSCE Chief of External Affairs

Municipal Lobbying Registration Launched by the City of Boston

On 4/17, the City launched a registration portal for lobbyists in Boston. Boston's municipal lobbying ordinance aims to further promote good governance and transparency in the city and requires lobbyists, lobbyist entities and lobbying clients to register with the Boston City Clerk's Office.  Additional information and registration fees are available online.

MALSCE's External Affairs Chief Abbie Goodman discussed some of the unintended consequences of this new municipal lobbying ordinance with Boston CIty Council President Michelle Wu in May and is working in coalition with NAIOP on issues of concern to design professionals.

The ordinance uses a very broad definition for lobbying that may include some work done by engineers, land surveyors and other design professionals working on public and private sector projects in Boston. ACEC/MA, working in coalition with the Massachusetts Nonprofit Network, Greater Boston Real Estate Board, NAIOP and others, is seeking clarifications and guidance on this issue that it will share with MALSCE leadership. 

If you have questions about this new ordinance's impact on your work for public or private clients in Boston, email us. We will keep firm names out of the questions raised, but we still need your examples

New Director Senior Leaders Announced at the Office of Consumer Affairs and Division of Professional Licensure

In late May, Diane Symonds, DPL Commissioner, announced a new Executive Director of these three board of registration:  Architects, Professional Engineers and Professional Land Surveyors, and Occupational Schools, Matthew Keigan, effective immediately.  Previously, Matt was the Executive Director of OPSI licensing, MSAC, and Regulated Activities.  Matt joined DPL/ Office of Public Safety in June of 2018 and helped his team transition fully into DPL.  Prior to joining the Baker Administration, Matt worked for 16 years in the investment banking industry.  He has a Finance/Accounting Degree from Northeastern University and an MBA from Babson College. He is expected to attend the July 27, 2019 meeting of the Board of Registration of Professional Engineers and Professional Land Surveyors. 

Licensing Data from the Division of Professional Licensure

As some of you may know, I've been tracking Total Licensed MA  Professional Engineers and Land Surveyors since 2003. 

Here is the latest chart with data updated through May 30, 2019

Massachusetts 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.
• While the Department of Public Utilities opened docket 19-34 to seek input in the development of regulations that clarify how Professional Engineers are to be in responsible charge of these project no update is available as of June 24, 2019. We'll provide an update when available.

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

The next meeting of the Board of Registration is on June 27, 2019, so the information below is from the May meeting: 

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

The Board discussed the exam score results sheet for the April 2019 Jurisprudence exam.

• At least 34 correct answers were needed to meet the pass score of 69%. 
• 1 of the 4 exam takers passed with a score of at least 80%.

The next Board of Registration meeting will be on June 27, 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 Diane Symonds
• Review by office of Ed Palleschi, Undersecretary, Consumer Protection & Business Regulation
• Review by office of Mike Kinealy, 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: PE for Designer Selection Board 
• Previously reported:
  • Architect for ARB (from an A/E Firm)
  • Electrical Engineer, Chemical 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