MALSCE Government Affairs Update - March/April 2021

MALSCE Government Affairs Update - March/April 2021

by Abbie Goodman, MALSCE Chief of External Affairs

See MALSCE Covid-19 Resource Page for current news on Covid-19 Issues

Highlights of  the American Jobs Plan Released by President Joe Biden on 3/31/2021 are below. NSPS and other organizations are working on a major advocacy effort to support passage of this major package:

• $621 billion for transportation
  • $115 billion for bridges, highways, and roads
  • $20 billion for roadway safety
  • $85 billion for transit
  • $80 billion for Amtrak and rail programs
  • $25 billion for airport improvements
  • $25 billion for a dedicated fund to support ambitious projects that have tangible benefits to the regional or national economy but are too large or complex for existing funding programs
  • $17 billion for ports and inland waterways
  • $20 billion for transportation infrastructure in disadvantaged communities
  • $174 billion for electrification: point of sale rebates and tax incentives for EV consumers, and incentive programs and grants for state and local government and the private sector to build a network of charging stations.
• $50 billion for infrastructure resilience
• $45 billion for drinking water SRF and grants
• $56 billion for wastewater and stormwater grants and loans
• $100 billion for broadband deployment, including infrastructure in underserved communities as well as short-term subsidies for service costs for low income households
• $100 billion to build a more resilient electric grid, along with a 10-year extension and phase-down of an expanded, refundable investment tax credit and production tax credit for renewable energy generation and storage
• $100 billion to improve public school buildings
• $213 billion for affordable housing construction and renovation
• $18 billion for the modernization of VA hospitals and clinics
• $10 billion for the modernization, sustainability, and resilience of federal buildings
• $5 billion for Brownfield and Superfund site remediation and redevelopment

American Jobs Plan Pay-Fors:

• The plan proposes $2 trillion in tax increases on corporations.
• These include raising the corporate tax rate from 21% to 28%, and additional tax increases on multinational corporations.
• We expect similar tax increases on passthrough businesses in the ‘social infrastructure’ bill that will follow, through provisions such as raising the top individual tax rate from 37% to 39.6% and eliminating the Section 199A passthrough tax deduction for any taxpayers who earn more than $400,000.

Division of Professional Licensure /  Board of Registration of Professional Engineers and Professional Land Surveyors

The next Board of Registration meeting will be on April 22, 2021 on Teams. To connect to the meeting, go to this page to download the agenda with connection instructions.

• February 25, 2021 Board Meeting Minutes are posted here.
• March 25, 2021 Meeting: Agenda: https://www.mass.gov/doc/engineering-board-meeting-agenda-32521/download

March 25, 2021  these are not minutes, but a summary: This Board of Registration meeting was held on Teams.

Review / Approved Minutes from February 25, 2021 Public Session

Next Meeting Date – April 22, 2021

Board discussed the issues related to converting the PLS/Jurisprudence section (state specific) part of the exam to computer-based testing (CBT). Discussion will continue at April meeting

New DPU Proposed Regulation 220 CMR 105: Use of Professional Engineers for Gas Utility Work – Board is reviewing these draft regulations but does not see the need to comment at this point.

Board Counsel legal report

Governor’s Executive Order on Military Spouse issue:  https://www.mass.gov/doc/reciprocal-licensing-military-families-executive-order/download  

• Board Counsel to draft opinion about granting temporary licenses to spouses of military personnel transferring to Massachusetts who are licensed as PEs or PLSs in other states.
• Board expressed concern about Town of Seekonk fee for listing engineers qualified to do septic design; Town of Swansea is hoping to do the same
  • Board Counsel to contact the towns about this

ENG Board Executive Director Report:

• NCEES Enforcement Exchange  - discussing chart of issues in other states
• Case Status Report, Notification of Discipline

   Review of Applications:

• Application Questions, Application Review Report, Many PE applications received for April exam, Applicants will soon be able to upload applications and work samples directly through PCS

• Good Moral Character (GMC) Discussion

Several  moral character issues raised with individuals; they have not responded yet. They had issues out of state but have not provided documentation about resolutions.

Otherwise, Board will make a determination

- Public meeting ended at 10 AM -

Legislature

Note: Many bills filed for the 2021-2022 legislative session are under review through ACEC/MA Government Affairs Committee (GAC). Scott Cameron along with other MALSCE Senior Leaders are included on the GAC as a courtesy for coordination and communication. If you become aware of other bills that should be tracked, please notify Abbie Goodman

Approved March 26: An Act creating a next-generation roadmap for Massachusetts climate policy 

• This bill is designed to push Massachusetts toward net-zero carbon emissions by 2050, establish interim emissions goals, adopt appliance energy efficiency standards, and address needs in environmental justice communities. https://malegislature.gov/Laws/SessionLaws/Acts/2021/Chapter8

FY2022 State Budget Process

On April 14, 2021, House Speaker Ronald Mariano and House Ways and Means Chair Aaron Michlewitz released the House’s proposed budget for FY2022. The $47.65B spending plan would increase spending by $1.189B, or 2.6% over the FY2021 budget, and proposes to spend $1.792B, or 3.9%, more than Governor Charlie Baker recommended. House amendments were due April 16 at 5 pm; a combination floor/remote debate begins on April 26.

Link to House Ways & Means Budget: https://malegislature.gov/Budget/FY2022/HouseWaysMeansBudget

Link to Amendments filed by April 16 at 5 pm: https://malegislature.gov/Budget/FY2022/HouseDebate

Our Dig Safe Bills for this legislative session are:

• S.2293, An Act relative to public safety in excavation, https://malegislature.gov/Bills/192/S2293

Sponsors are: Sen. Brendan P. Crighton, Sen. Diana DiZoglio, Sen. Nick Collins

Assigned to Joint Committee on Transportation

• H. 3296, An Act improving gas safety in excavation, https://malegislature.gov/Bills/192/H3296

Referred to Joint Committee on Telecommunications, Utilities and Energy

Sponsors are: Rep. Carolyn C. Dykema, Rep. Sally P. Kerans, Rep. Colleen M. Garry, Rep. David Henry Argosky LeBoeuf, Rep. Christina A. Minicucci, Rep. Elizabeth A. Malia, Rep. Walter F. Timilty, Rep. Lindsay N. Sabadosa, Rep. Maria Duaime Robinson 

Another bill to watch, but does not help land surveyors:

• H. 3265, An Act relative to increasing public safety during excavations https://malegislature.gov/Bills/192/H3265

UCANE-back bills, Prime sponsor: Rep. Antonio F. D. Cabral

Referred to Joint Committee on Telecommunications, Utilities and Energy

Other bills to support:

• ACEC/MA Support: S.529 An Act protecting water systems through the labeling of flushable wipes,  https://malegislature.gov/Bills/192/S529

Referred to Joint Committee on Environment, Natural Resources and Agriculture

• ACEC/MA Support: H.897, An Act protecting water systems through the labeling of flushable wipes, https://malegislature.gov/Bills/192/H897

• S.1500 - An Act establishing a special commission to find the best practices to promote education, awareness, and prevention of Lyme disease  https://malegislature.gov/Bills/192/S1500
  • Sponsor: Sen. Patrick  O'Connor (R), Summary: Establishes a 7-member special commission to study Lyme disease prevention and the potential for a statewide prevention program; specifies the qualifications of the-members of the commission; directs the commission to report its findings and recommendations to the Legislature by July 1, 2020

Bills to Oppose:

• H. 3127 - An Act to promote safety, efficiency and accountability in transportation projects through public inspections  https://malegislature.gov/Bills/192/H3127

Sponsor: Rep. Daniel  Donahue (D)

Summary: Requires that public employees carry out the construction inspection functions for all surface transportation projects receiving state or federal funding; defines construction inspection functions and public employee.
Referred to Joint Committee on State Administration and Regulatory Oversight

• S.2097 - An Act relative to protecting the taxpayers of the Commonwealth, https://malegislature.gov/Bills/192/S2097

Sponsor: Sen. Marc R. Pacheco (D)

Summary: Subjects all contracts for design, engineering and inspection services to provisions regulating the hiring of private contractors by public and governmental entities.

Referred to Joint Committee on State Administration and Regulatory Oversight

• S. 1006 - An Act relative to statutes of repose, https://malegislature.gov/Bills/192/S1006
  • Sponsor: Sen. Diana  DiZoglio (D)
  • Summary: Amends GL 260:2B to extend the statute of repose for liability related to real property improvements from six to ten years; makes such changes and any future changes retroactive.
  • Referred to Joint Committee on the Judiciary

Department of Public Utilities Draft Regulations related to PEs on Natural Gas Projects

The DPU issued Order 21-04 issued about the Use of PEs for Gas Utility Work. DPU opened a rulemaking this issue and provided proposed Regulations and Guidelines. [This was in response to the tragic Merrimack gas explosions in 2018, NTSB report and subsequent rapid filing and passage of a state law on this issue, Chapter 339 of the Acts of 2018, An Act Further Providing for the Safety of the Commonwealth’s Natural Gas Infrastructure.] ACEC/MA has been vocal on this issue in the past and need to review the proposed regulations and guidelines. 

• DPU sought initial written comments by  April 1; ACEC/MA submitted written comments. DPU held a Zoom public hearing on April 8, 2021. The only people testifying represented the ‘Local Distribution Companies (LDCs),” which filed a placeholder letter and the Northeast Gas Association, which did not file initial written comments. DPU sought reply written comments on the Proposed Regulations by 5:00 pm on April 15, 2021. ACEC/MA did not submit reply comments.
• To view the order and the comments, go to:  https://eeaonline.eea.state.ma.us/DPU/Fileroom/dockets/bynumber  In the tiny “Enter docket number” box: enter: 21-04  This brings you to the page with all the comments and documents filed to date, including Reply Comments filed at about 4:45 pm on 4/15/21 by the Massachusetts LDCs (Local Distribution Companies); the LDCs did not agree with some of ACEC/MA comments. In addition, the Attorney General’s Office filed some reply comments. 

See also: After passing a landmark climate law, Mass. officials now face the hard part: how to wean the state off fossil fuels: https://www.bostonglobe.com/2021/04/06/science/after-passing-landmark-climate-law-mass-officials-now-face-hard-part-how-wean-itself-off-fossil-fuels/

“As a first step toward reducing emissions in homes and other buildings — perhaps the most daunting challenges of achieving the goals of the new law — Theoharides said she plans to convene a commission this spring to come up with a plan. She also noted that the administration last year ordered the Department of Public Utilities to investigate the role of natural gas distribution in achieving its climate goals, which they set out in a detailed roadmap to how the state could eliminate its carbon emissions.”

PPP loans and FAR Credits issue:

ACEC supports a simple fix to clarify that the FAR credits clause will not apply to PPP loans: Principal amounts of qualifying loans forgiven pursuant to the provisions of Section 1106 of the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. 116-136) shall not be considered income, a rebate, allowance, or other credit received by or accruing to a contractor under 48 CFR 31.201-5.

Update on the Issue as of 4/15/21: Earlier this week, a working group of State DOT auditors (from AZ, UT, OH and GA) and CPAs to develop supplemental guidance and FAQs to provide some consistency and fairness in how states are handling this.  We are expecting additional guidance from FHWA after this working group develops that supplemental guidance.

No change since January 2020: City of Boston Municipal Lobbying Registration 

No change: Design professionals attending meetings with clients on development projects with city of Boston will probably have to register as lobbyists if expressing an opinion that could be construed as advocating for or against a project.

See Updates on this issue on the ACEC/MA Website page on the Boston Lobbying Ordinance

People can email their own questions about their own individual work to lobbying@boston.gov