MALSCE Government Affairs Update - November 2019

MALSCE Government Affairs Update - November 2019

by Abbie Goodman, MALSCE Chief of External Affairs

Scott Cameron, PLS, Represents MALSCE at DPU Technical Session on Emergency Revisions to DigSafe Regulations

On November 20, 2019, MALSCE leader Scott Cameron represented MALSCE at a technical session convened by the Massachusetts Department of Public Utilities to discuss DPU's adopted emergency DigSafe regulations.

• The Department of Public Utilities adopted emergency revisions to 220 CMR 99.00 Procedures for the Determination and Enforcement of Violations of M.G.L. c.82.8840-40E
• The revisions are primarily to be in line with federal minimum safety requirements for damage prevention
• Make clear the responsibilities of excavators and utility companies
• Establish procedures for enforcement of violations
• Utility companies and other stakeholders found some of the new regulations cumbersome and not in the best interest of public safety
• The DPU held a technical session to discuss specific issues that the utility companies and stakeholders found burdensome or not required

           a. Premarking and marking excavations over 500’;
           b. Marking abandoned facilities;
           c. Companies informing excavators of privately owned lines;
           d. Excavating in or near the safety zone
           e. Agreements between excavators and companies that alter Dig Safe ticket information; and
           f. Positive Dig Safe response systems

• Over a 2 hour session, the group discussed a number of issues, with a focus on the onerous requirements not being made part of the final emergency order.
• The assembled group was asked to report back to DPU by early January 2020 to define nonmechanical means of excavating, specifically “Soft Dig” technology including vacuum extraction air tool methods and water jetting.
• The group was also asked to report to DPU on future progress of automated positive Dig Safe response systems. Various utility companies shared knowledge of management systems to better communicate.

To see the comments filed prior to the technical session, Go to the DPU Filing Room  then click on Dockets/Filings, then choose Dockets by Number, Then enter Docket 19-43

Contact your Massachusetts Legislators and ask them to support our Dig Safe Bill 

Sample letter to send to the Co-Chairs of the Joint Committee on Public Safety and Homeland Security before December 17

• If you are a constituent of either chair, be sure to note that in the letter/email. 

SB 1392, An Act relative to public safety in excavation has a hearing before the Joint Committee on Public Safety and Homeland Security on Tuesday, December 17, 10 AM at the Massachusetts State House, Room A1.  MALSCE leader Scott Cameron, PLS, will testify at this hearing.

We are expressing support for: SB 1392, An Act relative to public safety in excavation

Joint Committee on Public Safety and Homeland Security Co-Chairs:

House Chair: Chairman Harold Naughton, State House, Room 167, Boston, MA 02133, Harold.Naughton@mahouse.gov

Senate Chair: Chairman Michael Moore, State House, Room 109-B, Boston, MA 02133, Michael.Moore@masenate.gov

The House version of this bill: H.2815, An Act relative to improving public safety in excavation, was reported out favorably from the Joint Committee on Telecommunications, Utilities and Energy in late July. The bill is now in the House Committee on Ways and Means.

You can send a similar letter to the Chair of the House Committee on Ways and Means in support of H.2815, An Act to improving public safety in excavation and copy Your State Representative on the letter, following the instructions above

Chairman Aaron Michlewitz, House Committee on Ways and Means
State House, Room 243, Boston, MA, 02133
Aaron.M.Michlewitz@mahouse.gov

Please reach out to your state legislators now, based on where you live/vote and ask them to support favorable action on the bill. Let them know that this is important for public safety, climate resiliency projects, your town and your professional practice.

To reach your legislator's State House office to call, schedule a local meeting or find out when they next have local office hours, click here.

To view the fact sheet on the bill from our May 2019 Engineers and Land Surveyors Day at the State House, click here.

If you have questions, contact Abbie Goodman.

DPU Issues Straw Regulations - Comments Posted on DPU Site by Nov. 4

On October 11, 2019, the DPU issued a ‘Straw Proposal,’ which “represents the Department’s analysis of the comments received and establishes specific criteria for the use of professional engineers in relation to natural gas engineering plans, work, or services that could pose a material risk to public safety.  In particular, the Straw Proposal delineates how natural gas companies are to use professional engineers on complex projects and defines the types of complex projects that warrant the use of professional engineers.  The Department may initiate a formal rulemaking proceeding after reviewing the comments submitted pursuant to this Order.“

The original Straw Proposal, the DPU order on this matter and comments received on this matter through November 11, 2019,  can be found in the DPU electronic file room. See below for instructions.

• DPU sought initial written comments on the Straw Proposal by 5:00 p.m. on Monday, November 4, 2019. Reply written comments were due no later than 5:00 p.m. on Monday, November 11, 2019. 
• Based on the comments received, the Department will establish a further procedural schedule that may provide for technical sessions. 
• DPU anticipates that this proceeding will result in a rulemaking conducted pursuant to G.L. c. 30A, § 2, and 220 CMR 2.00, to establish regulations for the use of professional engineers by natural gas companies. 

To see the comments received through the November 11, 2019 reply comments period, Go to the DPU Filing Room  then click on Dockets/Filings, then choose Dockets by Number, Then enter Docket 19-34

City of Boston Municipal Lobbying Registration 

Now that the November 2019 City of Boston election is completed, we awaiting a clarification by the Boston Municipal Lobbying Compliance Commission regarding lobbyist registration requirements, as current interpretations 

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 and ACEC/MA Executive Director Abbie Goodman is working in coalition with NAIOP on issues of concern to design professionals.  

Here's a copy of the letter and the legal memo that the coalition delivered to Mayor Walsh and Boston CIty Councillors several months ago.

In mid-August, the Municipal Lobbying Compliance Commission, created under the ordinance, requested comments from lobbyists, lobbyist entities and clients subject to the ordinance, as the Commission develops regulations to interpret, implement and enforce the ordinance. The Commission plans to finalize regulations prior to the Decemer 15, 2019 registration deadline for the 2020 registration year. Here is the link to the letter filed by ACEC/MA, 

Action Requested: If you live/vote in Boston, email Abbie Goodman with the neighborhood city council district where you live for grassroots efforts. Link to check your Boston City Council District

The Boston Lobbying 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. 

Transportation Bond Bill

The Joint Committee on Transportation has not acted on the Transportation Bond bill during the month of November.

Background: On July 25, 2019, the Baker-Polito Administration filed a transportation bond bill seeking $18 billion in additional capital authorization to invest in building and modernizing a transportation system that meets the needs of residents, businesses and cities and towns statewide. The authorization would be used to fund existing programs as well as several new initiatives designed to lessen impacts from roadway congestion and ensure reliable travel throughout the Commonwealth.

On July 30, 2019, the House, followed by the Senate, assigned this bill to the Joint Committee on Transportation, which may hold a hearing on this bill in September. The transportation bond bill will be first heard by the Joint Committee on Transportation, followed by a hearing before the House Bonding Committee, before going to the House Ways and Means Committee and then to the full House for a vote. Following the House vote, the bill would then be reviewed and acted on in the Senate.

The bill had a hearing before the Joint Committee on Transportation on October 8 at 10 AM at the State House.

This bill is now H4002.

Summary- Section by Section

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

The next meeting of the Board of Registration is on December 19, 2019.

Here is a summary of the November 21, 2019 Meeting:

• The Board discussed the DPU 19-34 Straw Proposal Order (see above) 
• Board Counsel Sheila York informed the board:

            -  The Continuing Professional Competency language is still under review internally at DPL.

            -  The draft clarification language regarding the Use of the Title Engineer has been provided to DPL staff for review.

            -  DPL staff held an internal meeting regarding the update of "Professional Practice, A Guide to the Practice of Architecture, Engineering and Land Surveying in Massachusetts." Board members Paul Tyrell and Paul Tsang are providing comments on the updated draft before it is released as draft to the public for comment.

          - Draft clarification language intended to provide guidance on 250 CMR 5.01 (2), especially 250 CMR 5.01 (2) (a) is being reviewed by DPL Senior Management. The issue is related to performing survey work incidental to engineering work and limitations, as well as draft frequently asked questions (FAQs) regarding a Civil PE certifying site plan which references a property line determination that was previously completed by a PLS. The board will continue this discussion at the January meeting.

         - NCEES Enforcement Exchange Report: This report list actions taken by other boards of registration that resulted in penalties (fines or other actions) against licensees in other states. The DPL 

The next Board of Registration meeting will be on December 19, 2019. At this time, the board expects to focus on reviewing the many applications for licensure that typically arrive for this meeting.

For the January 2020 meeting, 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.

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. 

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

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