by Abbie Goodman, MALSCE Chief of External Affairs

MALSCE Government Affairs Update - October 2021

Draft letter to US House members on Retain Act: see end of this report

Still ongoing: Workforce Participation Goal Requirements: I requested some legal guidance from Donovan Hatem to consider these questions related to Workforce Participation Goal Requirements under M.G.L. c. 149, § 44A(2)(G), which states that all contracts by a state agency or state-assisted contracts for design, construction, reconstruction, installation, demolition, maintenance, or repair must contain workforce participation goals for minorities and women.

• I’ve sent a letter from ACEC/MA and AIA MA to the office of Sec. of Administration and Finance on this issue and I’m working to schedule a meeting with a key staffer

PPP /FAR Credits issue and Federal Infrastructure Bills:

• Summary: 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 during week of October 26: Uncertainty for infrastructure bill …..Stay tuned.

Division of Occupational Licensure: Board of Registration of Professional Engineers and Professional Land Surveyors

Next Board of Registration meeting will be on October 28, 2021, on Teams. The Board of Registration plans to continue virtual meetings for now, as the Governor and Legislature have extended the law allowing virtual public meetings like this to continue through April 1, 2022, . To connect to the meeting, go to this page  and scroll down to the meeting listing  to download the agenda with connection instructions.

Friday, September 24, 2021: these are not minutes, but a summary, but a summary of what I heard during the meeting:

• Covid Update/Return to Office: Licensing staff are back at 1000 Washington St. Other DPL staff are still mostly remote.  DPL is not ready for hybrid board meetings, so meetings will continue to be virtual or in person only for now.
• LP-JP subcommittee (making the PLS Jurisprudence exam a computer-based test) is still investigating the issue. To protect the integrity of the exam, this subcommittee is now holding meetings in executive session.
• The Bristol County Registry of Deeds sought a clarification from the Board regarding which professional can submit which types of plans for projects to the Registry. Board Counsel Sheila York shared a Joint Informational Bulletin from the Rhode Island Board of Registration of Professional Engineers and the Rhode Island Board of Registration for Professional Land Surveyors (PLS), that seeks to clarify which areas of “common” practice are properly conducted by the respective professions. (Joint Document)
  • The Massachusetts Board of Registration will tackle this issue and formed a subcommittee that includes: Ron Willey, Shannon, Ken Anderson, Joyce Hastings, PLS, Azu Etoniru, PE, PLS to work on a document to send to the Registries of Deeds.
  • Board Counsel Sheila York shared that she will be transferring to the health boards at the Department of Public Health over the next few months. She introduced the new Board Legal Counsel: Jenna Hentoff; Sheila will work to brief Jenna on the issues before the board and the issues under review in the Division of Occupational Licensure.  Board members and the public thanked Sheila for her 16 years of diligent and impactful service to the board. Her expertise will be greatly missed!
  • Board Counsel Sheila York reported no updates on continuing education requirements, is working on a new draft for the Joint Professional Practice document. For the Town of Swansea (and Seekonk) issue related to local licensing for a fee: Sheila is meeting with the DOL General Counsel as the Attorney General’s office has determined it does not have jurisdiction on local Board of Health regulations.
  • ENG Board Executive Director Report:
    • NCEES Enforcement Exchange  - discussing chart of issues in other states
    • Case Status Report, Notification of Discipline
    • Starting in November 2021, registration for the CE exam will be for a CBT (Computer-Based Testing) version of the exam. In January 2022, the exam will start to be available in the CBT format.

Meeting ended at 10 AM

Background on Town of Swansea Issue:

The Board of Registration of Professional Engineers and Land Surveyors is the state entity charged with establishing and enforcing licensing qualifications for the practice of engineering and surveying in the Commonwealth. The Board has been informed by a professional engineer that the town of Swansea is proposing bylaws that appear to require an engineer to obtain a local license prior to practicing within the town of Swansea.

The state’s licensing laws, G.L. c. 112, s. 81D through 81E, preempts municipalities from requiring individuals who hold licenses issued by the Board to obtain an additional license to practice in the municipality.

In 1941, the Legislature established the Board through promulgation of M.G.L. c. 13, s. 45. That law, as currently written, confers upon the Board the following exclusive powers and duties:

The board may: (i) establish the requirements for registration of professional engineers and professional land surveyors; (ii) establish standards of professional and ethical conduct for professional engineers and professional land surveyors; (iii) authorize and conduct appropriate examinations to determine the qualifications of applicants; (iv) grant certificates of registrations to qualified applicants; (v) establish standards for continuing education; and (vi) set and administer penalties as provided in sections 61 to 65E, inclusive, and section 81P of chapter 112 for fraudulent, deceptive or professionally-incompetent and unsafe practices and for violations of rules and regulations promulgated by the board.

M.G.L. c. 13, s. 45

The statewide licensing requirements to be enforced by the Board are set forth in further detail in M.G.L. c. 112, s. 81D to 81T.

Given the unambiguous language of M.G.L. c. 13, s. 45 and G.L. c. 112 81D to 81T, it is clear that the state Legislature intended to create a uniform system of licensure and regulation of professional engineers and land surveyors throughout the Commonwealth. Consequently, by the clear terms of these laws, the state has expressly preempted the field of licensure and regulation of engineers and land surveyors. Cities and towns are not authorized through their local boards of health or otherwise, to issue licenses to practice engineering or surveying and/ or regulate those professions.

Legislature and related

MBTA Finances Cast a Long, Red Shadow for Incoming Leaders: New Publication from Mass Taxpayers Foundation Highlights Severe Budget Gap

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Governor Baker Establishes First in the Nation Commission on Clean Heat

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DPU 21-04, NEW Regulation 220 CMR 105: Use of Professional Engineers for Gas Utility Work: MA DPU's 9/21/21 Final Order completes the rulemaking on the use of PEs for gas projects with final Regs and final Guidelines in both redlined and clean copies. DPU Order >   More on Issue >

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MEPA Hearings on Draft Regs: The MA Environmental Policy Act (MEPA) Office held Virtual Public Hearings on 10/12-13/21 on proposed amendments to 301 CMR 11.00 MEPA Regulations. Notice of Public Hearings

Proposed Amendments:

301 CMR 11.00 [Redline]

301 CMR 11.00 [Clean]

Background Document 

RETAIN Act email letter to US House; MALSCE Member Action Requested:

1. Find your US Representative: https://www.house.gov/representatives/find-your-representative
2. US Rep’s name will appear on left side of screen.
3. Click on highlighted name.
4. This brings you to their homepage.
5. Click on Contact – to send an email.
6. Use the basic text below, but personalize with your own story. Be sure to provide your contact info.
7. Please save a copy of what you are sending in word before you paste the text into their platform.
8. Enter your message into their platform and hit send.
9. Send a copy of your final letter to agoodman@engineers.org

Draft Letter to modify:

October­­___, 2021

Subject: H.R. 4634: RETAIN GPS and Satellite Communications Act of 2021

Dear Representative _____,

My name is ________________. I am a professional surveyor in [name your city/town and state). I am also a member of the Massachusetts Association of Land Surveyors and Civil Engineers (MALSCE) and the National Society of Professional Surveyors (NSPS).

I am very concerned about the threat to and expected interference to global positioning systems (GPS) technology brought about since the April 2020 decision by the Federal Communications Commission (FCC) to approve an application by a company known as Ligado.

In a 2020 testimony before the Senate Commerce, Science, and Transportation Committee, a witness from the US Department of Transportation testified that “high precision surveying” and “surveying equipment” are real world examples of expected GPS interference by Ligado. Allowing Ligado to continue poses a threat to the viability of civil and military GPS receivers across the country. 

In my own company, the Ligado interference would directly impact our ability to conduct Land Surveys of multi-family affordable housing by introducing uncertainty in our measurements.

To mitigate this threat to GPS, on July 22, 2021, H.R. 4634: RETAIN GPS and Satellite Communications Act of 2021 was introduced by Congressman Jim Cooper[D-TN5], Congressman Donald Beyer [D-VA8], Congressman Ken Calvert [R-CA42], Congressman Frank Lucas [R-OK3], Congresswoman Abigail Spanberger, [D-VA7], Congressman Glenn

Thompson, [R-PA15], Congressman Michael Turner [R-OH10], and Congresswoman Nydia Velázquez, [D-NY7].

This bipartisan legislation requires Ligado to cover the cost for correcting any interference their operations create for GPS users in the public or private sector. Over 100 organizations, including NSPS, have endorsed H.R. 4634: RETAIN GPS and Satellite Communications Act of 2021. I respectfully urge you to cosponsor H.R. 4634.

Thank you for your time and consideration,

Name

Address in MA

Email

Daytime tel