MALSCE Government Affairs Update – October 2023

MALSCE Government Affairs Update – October 2023

by Abbie Goodman, MALSCE Chief of External Affairs

Governor Healey Files Legislation Unlocking $800 Million to Compete for Federal Funding

On October 19, 2023, Governor  Maura Healey unveiled legislation in a State House event to create a fund to back the commonwealth's efforts to seek grants from Washington.  Massachusetts has the potential to secure more than $17B in federal funding.  More

Healey-Driscoll Administration Unveils $4 Billion Affordable Homes Act to Increase Production and Lower Costs: Housing Bond Bill

On October 18, 2023, the Healey-Driscoll Administration unveiled a $4 billion plan to jumpstart the production of homes and make housing more affordable across Massachusetts. The Affordable Homes Act, a comprehensive package of spending, policy and programmatic actions, represents the largest proposed investment in housing in the state’s history while simultaneously striking at the root causes of housing unaffordability and making progress on the state’s climate goals. More

Davis-Bacon Update - Impact on Land Surveying Crews

• Updated with legal memo via ACEC National on 10/10/23
• This does not appear to have been challenged in court before 10/23 and was effective 10/23/2023

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

Highlights of the 9/28/2023 Board of Registration Meeting

The meeting adjourned at app. 9:15 am.

Background on Continuing Education:

The draft continuing education regulations are currently under review at the Executive Office of Administration and Finance. They are proposed changes to 250 CMR, which ACEC/MA, BSCES, MALSCE and other associations support, as a public safety matter.

Most state licensing boards require licensed engineers and surveyors to meet a continuing professional competency (CPC) requirement to renew their licenses.

They mandate continuing education to keep these design professionals current with statutes and regulations that impact their professional practice and ultimately impact the health, safety, and welfare of consumers as well as clients that are designing and building public and private infrastructure.

The proposed changes to 250 CMR would implement mandatory continuing education requirements that are significantly less than many states.

The Board of Registration of Professional Engineers and Professional Land Surveyors did not want to make CPCs more complex than what New Hampshire has in place today, but they do want to make sure these professionals are staying current to protect both consumers and owners/clients.

The Board  also wants to weed out unlicensed practice and fraudulent use of PE and PLS stamps by others, as we discussed.

• The next Board of Registration public meeting will be on October 26, 2023. The Board of Registration is planning to hold this meeting on Teams only.  For meeting details, go to this page two business days before the meeting and scroll down to the meeting listing to download the agenda with either location or connection instructions.
• The agenda is posted here: https://www.mass.gov/doc/en-agenda-102623/download
  •     August 23, 2023 Board Meeting Public Session minutes –  Draft Final minutes are here, but not yet available on Board's web site.
  • September 28, 2023 – draft final minutes will be available for the October 26 Board meeting.
• The Division of Occupational Licensure records its boards’ meetings.
• This meeting was held on Teams only.
• Vice Chair Ron Willey called the meeting to order at 9:00 am.  The meeting lasted for only about 15 minutes.
• The board approved the August 23,2023 Public Session Meeting Minutes: see above.
• No Change: JP Exam Conversion to CBT: This is still under discussion with the vendor.
• Board Counsel Legal Report from Patricia LaFore:
  • No Change: Joint Professional Practice document:  Awaiting Action from Division of Professional Licensure's Deputy General Counsel.
  • This is most recent draft version: https://files.engineers.org/file/Updated-Draft-AR-EN-Prof-Practice-Guide-January-2023-002.pdf
    • This document is under review by Division of Professional Licensure staff before it is issued to the public.
    • Eventually, the Board of Registration is eager for ACEC/MA, BSCES, and MALSCE to assist in widely distributing this document to design professionals, state officials and municipal officials statewide.
  • No Change Draft Continuing Professional Competency Regulations are now in the Executive Office of Administration and Finance and then would move on to the Secretary of State's office for review.
    • No Change: Board Executive Director Report: Board Executive Director does not yet have access to the NCEES Enforcement Exchange but is working on it: Several individuals with Massachusetts licenses appeared on the NCEES Enforcement Exchange list in the past month due to infractions in other states. Individuals are supposed to self-report to all boards in states where they are registered when this happens.
• Eighteen PDHs (professional development hours) over 2 years is a very minimal requirement.
  • Professional Development Hour (PDH) = One contact hour of instruction or presentation. The PDH is the common denominator for other units of credit.
• To dig into the details of how many PDHs (professional development hours) are required in states with CPC, this public list is helpful: https://www.pdhonline.com/PDH_CEU_LU_INFO/state_requirement_pdh_ceu_lu.htm