Government Affairs activities and news for MALSCE members
by Abbie Goodman, MALSCE Chief of External Affairs
Engineers and Land Surveyors Day at the State House in Great Hall and around the State House: May 30, 2024, 9 – 11:30 AM:
Senate Ways and Means files FY2025 Budget Proposal on May 7, 2024; Senate Debate underway during week of May 20. Senate Ways and Means Files FY2025 Budget Proposal
- Senate President Karen Spilka and Ways and Means Chair Michael Rodrigues released the Senate's Fiscal Year 2025 (FY25) budget proposal on May 7, 2024.
- Like the House budget that passed on April 26, the Senate's FY25 budget is based on projected revenue of $40.202B, which represents a 2% increase over the previously lowered FY24 estimate. Last week, the Department of Revenue (DOR) reported that April tax revenue collections were approximately $1B over projections. However, much of this additional revenue came from capital gains taxes, which are now required to be transferred to the state's "rainy day" fund. Additionally, several major tax categories continued to underperform projections, adding to the uncertainty of budget negotiations for FY25.
- In a statement issued May 6, https://malegislature.gov/PressRoom/Detail?pressReleaseId=81 Senate President Karen Spilka highlighted higher education as a priority in the FY25 budget, noting that the Senate's budget will utilize fair share income surtax revenue to make $118M in new higher education investments, including a $75.5M universal free community college program for Massachusetts residents. .
Senators have until 2 PM on Friday, May 10 to file amendments. Debate will formally begin on Tuesday, May 21.
- After the Senate finalizes its version of the budget by the end of May, both the House and Senate will form a conference committee to work out the differences between the two budgets. The conference committee report would then be sent to Governor Healey’s desk for her review, possible vetoes, and signature.
R&D Amortization in Congress
- 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 and other advocacy targeting DC and certain US Senators to try to fix this issue. More: https://www.acec.org/advocacy/protecting-innovation/
FTC Announces Rule Banning Noncompetes
- On April 23, 2024, the Federal Trade Commission issued a final rule that bans most noncompete agreements, with the exceptions of existing noncompetes for certain senior executives and owners of a firm that is being acquired. If and when the rule becomes effective, employers must notify all other employees that their noncompetes will not be enforced. The rule is scheduled to take effect in August but has already been challenged in court.
- This rule could significantly impact business decisions related to M&A as well as firm owners and employees currently working under such agreements. More: https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes
Division of Occupational Licensure: Board of Registration of Professional Engineers and Professional Land Surveyors
- Next Board of Registration of Professional Engineers and Professional Land Surveyors public meeting is posted as: May 30. This is the same morning as Engineers & Land Surveyors Day at the State House, so I will not be attending the Board of Registration meeting.. The Board of Registration is planning to hold this meeting on Teams. For meeting details, go to this page on May 30 or two business days before the meeting and scroll down to the meeting listing to download the agenda with either location or connection instructions.
- Draft February 22, 2024 public meeting minutes were approved at the April 24, 2024 public meeting but are not yet posted on the Board's website. Here is the version that the board discussed at its April 24, 2024 Board meeting: February 22, 2024 public meeting minutes
- Draft March 28, 2024 public meeting minutes were also approved at the April 24, 2024 public meeting but are not yet posted on the Board's website Here is the version that the board discussed at its April 24, 2024 Board meeting: March 28, 2024 public meeting minutes. April public meeting minutes are expected to be available at the May Board meeting.
Highlights of 4/24/2024 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 May 30 meeting is expected to be on Teams. The Board plans to return to hybrid meetings later in 2024, if at least one-quarter of the board can attend in person.
- Chair Paul Tyrell called the meeting to order at 9:02 am.
- The Board reviewed and approved the February 22, 2024 and March 28m 2024 public session meeting at this meeting.
- The Board again discussed the poor quality of plans filed with the Suffolk Registry of Deeds and again discussed having staff prepare a letter of concern to all the Registries of Deeds. The new board counsel Philip Chan and the outgoing board counsel indicated that the Division was still developing an appropriate course of action. On the table are: a letter or multiple investigations licensees who of filed plans with substandard work. DoL staff is seeking tangible empirical evidence to look at possible violations of 250 CMR. Board Chair Tyrell suggested a joint meeting with the Architects Board, as many of the filed plans were from architects.
- Board Counsel Legal Report from Jenna Hentoff and Philip Chan
- As reported last month, the new Board Counsel is Philip Chan, who was previously in the office of prosecutions in the Division.
- 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.
- Pending legal matters: Division may need expert witnesses for an October hearing.
- Executive Director report by Kathleen McNally.
- Still chipping away at the NCEES enforcement exchange list
- Putting together a case tracker for cases through 2022.
- Conversion of JP exam to computer-based-testing: working on dates for a meeting with the exam committee.
- There was one pending consent agreement that is not yet complete at the time of this meeting.
- Applicant suitability discussion in public session: the board interviewed Zach O’Hara at his request. He is a licensed PE in another state applying for a comity application. The board expressed concerns about his level of engineering experience under the direct supervision of a PE. He will file additional documents to demonstrate his engineering experience.
The Board’s Public Meeting adjourned at about 10:15 am.
