MALSCE Government Affairs Update - May 2019

MALSCE Government Affairs Update - May 2019

by Abbie Goodman, MALSCE Chief of External Affairs

Engineers & Land Surveyors Day at the State House + Water's Worth It Day Held May 22

• Summary Sheet of the 2019 Issues
• Dig Safe for Public Safety and Efficiency
• Massachusetts Transportation Infrastructure
• Water Infrastructure Investment Creates Jobs
• Maximizing Private Sector Innovation

• American Council of Engineering Companies of Massachusetts (ACEC/MA)
• Boston Society of Civil Engineers Section/ASCE (BSCES)
• Massachusetts Association of Land Surveyors and Civil Engineers (MALSCE)
• Massachusetts Highway Association
• MMA Policy Committee on Public Works, Transportation and Public Utilities
• MMA Policy Committee on Energy and the Environment
• Massachusetts Water Works Association (MWWA)
• Massachusetts Water Pollution Control Association (MWPCA)

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 earlier this month.

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 need your examples

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

Undersecretary Edward A. Palleschi recently announced several leadership appointments in the Office of Consumer Affairs and Business Regulation (OCABR) and its regulatory agency the Division of Professional Licensure (DPL).

Charles S. Borstel has been promoted to Deputy Undersecretary for OCABR. Borstel has served as DPL Commissioner since 2015. In this new role, he will provide operational leadership for OCABR, which oversees five regulatory agencies that have a combined operating budget of over $76 million and together have approximately 600 employees. 

Diane Symonds has been named DPL Commissioner, effective March 25, 2019. Symonds brings executive experience spanning nonprofit, private and public sectors – at both the state and federal level. Neldy Jean-Francois, currently serving as Deputy Commissioner, will expand her role to become 1^st Deputy Commissioner and Chief of Staff. 

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 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