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MALSCE Government Affairs Update – November 2020

Government Affairs activities and news for MALSCE members.

MALSCE Government Affairs Update – November 2020

by Abbie Goodman, MALSCE Chief of External Affairs

PE and PLS totals by discipline up to and through 11/4/2020: There are now 754 Professional Land Surveyors licensed in Massachusetts:  Download the report provided by The Engineering Center Education Trust, in cooperation with the Division of Professional Licensure: https://files.engineers.org/file/Engineer-Totals-By-Discipline-Up-To-And-Thru-11-4-2020-Some-Alternate-Years-For-Readability.pdf

Baker-Polito Administration Announces a new state public awareness campaign that makes the case for keeping up COVID-19 precautions as the best way to return to such activities. The #GetBackMass ads are slated to run through February 2021.

11/2/2020: Baker-Polito Administration Announces Comprehensive Measures to Further Promote Diversity in State Contracting

  • The Administration is filing legislation entitled, “An Act to Elevate the Supplier Diversity Office to Ensure Equal Opportunity in State Contracting.” The bill would establish the Supplier Diversity Office (SDO) as a separate state agency with tools and resources to ensure accountability and compliance with diversity goals, oversee agency diversity spending, and audit and review spending data.

  • The Administration also announced it will implement several other improvements in the supplier diversity space. These include a more active role for the SDO in engaging diverse and small businesses in public procurements, expanded reporting for spending between state contractors and their diverse business partners, the publication of minority-business-enterprise spending by race and ethnicity, the expansion of the Small Business Purchasing Program, increased bid evaluation percentages for certain procurements in order to promote more diversity (a component of the “Massport Model”), and the translation of SDO materials into multiple languages.

  • Because this is such a late file in a very unusual legislative session, it is not clear whether the legislature will take this up during the remainder of the 2019-2020 legislative session or will seek to have the Governor re-file the bill for the new 2021-2022 session that starts in January 2021.

Division of Professional Licensure /  Board of Registration of Professional Engineers and Professional Land Surveyors

The next Board of Registration  meeting will be on December 22, 2020 on GoToMeeting. To connect to the meeting, go to this page on December 20 to download the agenda with connection instructions.

November 19 Board of Registration Meeting Highlights – these are not minutes, but a summary: This Board of Registration meeting was held by GoToMeeting. Some Board members and DPL staff were able to be seen during this virtual meeting. 

    Discussion Items

  • Next Meeting Date will be December 22, 2020

  • COVID-19 Update: Some DPL staff in office at times, but most working remotely

  • Review / Approve Minutes:  October 22, 2020 Public Session (draft)  approved. They are now posted on  this page. 

  • Chair Safety Protocols / Remote Meeting Protocols: reminder to do roll call votes

     Board Counsel Legal Report:

  • Status update on proposed Continuing Professional Competency (CPC) regulations: DPL has now sent to Office of Consumer Affairs, next step in the process

  • Joint Policy on Professional Practice: Board of Registration of Architects is still working on their suggested edits.

  • On a complaint currently going through the process: there will be a follow up  hearing on 1-21-21: Will be remote adjudicatory hearing on a potential license suspension.

      Executive Director's Report:

  • NCEES Enforcement Exchange: Matt Keigan has opened several cases on licensees disciplined in other jurisdictions who did not report here.  

  • Case Status Report: Spreadsheet of cases shared with board members. 

       Review of Applications:

  • Application Review Report from Eric Funk; Board approved

       Correspondence:

  • Issue with Town of Swansea Board of Health: The board discussed an email received from Jim Hall regarding a proposed action by the Town of Swansea Board of Health that would amend Swansea Subsurface Sewage Disposal Regulations.  The proposed amendment would allow the town to limit which licensed installer and licensed design professionals could operate in the Town of Swansea. The Town proposes to establish local license eligibility requirements (Excerpt in italics in box; download Swansea amendment from 11/4/2020 town agenda):

In order to be eligible for a Designer License, including any renewal thereof, an individual:

  • Must be a professional engineer who is registered in the Commonwealth of Massachusetts, or a sanitarian who is registered in the Commonwealth of Massachusetts;

  • Must demonstrate to the satisfaction of the Board of Health sufficient knowledge and experience in the proper design of systems;

  • Must not have had a Designer License revoked within the past 3 years; and

  • Must not have designed or redesigned, without a valid Designer License, any system that was installed in the Town of Swansea within the past 1 year; provided, that this requirement shall not apply to any such systems for which the design or redesign was approved by the Board prior to the adoption of this regulatory requirement.

​In order to be eligible for an Installer License or Limited Installer, including any renewal thereof, an individual, in addition to the requirements of 310 CMR 15.019:

  • Must hold a valid Hoisting License from the Commonwealth of Massachusetts;

  • Must take the Board of Health's exam for system installers;

  • Must not have had an Installer License or Limited Installer License revoked within the past 3 years-; and

  • Must not have installed, modified, repaired or inspected any system in the Town of Swansea without a valid Installer License or Limited Installer License.”

  • Board of Registration action on Town of Swansea proposed amendment: Board Counsel Sheila York is looking into this issue, which seems to attempt to add a license restriction outside of 250 CMR.

– End of public session of Board of Registration –

Legislation

Return to Formal Session to finish FY2021 budget and some other bills:

  • FY2021 State Operating Budget:  As of 11/23/20,  The FY2021 state budget is now with a six-member conference committee on Monday. The conference committee that will now negotiate a compromise FY2021 budget to be presented to Gov. Charlie Baker is led by House Ways and Means Chairman Aaron Michlewitz and Senate Ways and Means Chairman Michael Rodrigues. Other members include House Ways and Means Vice Chairwoman Denise Garlick, and the committee's ranking Republican Rep. Todd Smola, Senate Ways and Means Vice Chairwoman Cindy Friedman and ranking Republican Senator Patrick O'Connor. 

  • Background: The budget conference is now one of six actively seeking compromise on major legislation passed by the House and Senate this session. In late July, the Legislature voted to suspend its rules and extend its formal lawmaking sessions until early January 2021, in part to deal with the budget and those bills in conference that had yet to be resolved. The last possible full day of formal sessions is Jan. 5, 2021.

Links to budget and certain other bills in conference committees of interest to us:

FISCAL 2021 GENERAL BUDGET

Bills: H 5151 and S 2955
House Vote: Nov. 12, 143-14
Senate Vote: Nov. 18, 40-0
House Conferees: Aaron Michlewitz, Denise Garlick, Todd Smola
Senate Conferees: Michael Rodrigues, Cindy Friedman, Patrick O'Connor
Date Sent to Conference: Nov. 23, 2020

CLIMATE CHANGE

Bills: S 2500 and H 4933
House Vote: July 31, 142-17
Senate Vote: Jan. 30, 36-2
House Conferees: Thomas Golden, Patricia Haddad, Brad Jones
Senate Conferees: Michael Barrett, Cindy Creem, Patrick O'Connor
Date Sent to Conference: Aug. 6, 2020

ECONOMIC DEVELOPMENT

Bills: S 2874 and H 4887
House Vote: July 28, 156-3
Senate Vote: June 29, 40-0
House Conferees: Aaron Michlewitz, Ann-Margaret Ferrante, Donald Wong
Senate Conferees: Eric Lesser, Michael Rodrigues, Patrick O'Connor
Date Sent to Conference: July 30, 2020

TRANSPORTATION BOND

Bills: H 4547 and S 2836
House Vote: March 5, 150-1
Senate Vote: July 16, 36-4
House Conferees: William Straus, Mark Cusack, Norman Orrall
Senate Conferees: Joseph Boncore, Michael Rodrigues, Dean Tran
Date Sent to Conference: July 23, 2020

Dig Safe: :No change since March: Dig Safe Bills reported favorably in House and Senate, sent to respective Ways & Means Committees

MBTA Budget Issues; MBTA Seeks Rider Input on Service Priorities, Schedules

Forging Ahead Public Meetings

The MBTA faces a large FY2022 budget deficit (est. $308M) with plans to reduce some service and move some capital budget funding to the operating budget. The MBTA needs input: MBTA customers are encouraged to go online and provide feedback, or to participate in virtual public meetings, including an Official Public Hearing, where they can provide input and ask questions of MBTA officials. Each meeting will focus on a specific region within the MBTA’s service area. Details and schedule for a series of virtual public hearings that began on 11/10/2020 about proposed MBTA Service Cuts here: https://www.mbta.com/forging-ahead

      November 30, 2020 at 6 PM – 8 PM: Forging Ahead Virtual Public Meeting: Bristol (Region 8)

The MBTA is still looking at a huge FY2022 budget deficit (estimated at $308 million) with plans to reduce some service and move some capital budget funding to the operating budget. While the MBTA is still hoping for help through a federal bill, the T has to plan for no federal help, with severe drops in ridership, particularly on commuter rail and ferry service. Members of ACEC/MA’s MBTA Partnering Committee will be working on this issue.

Transportation Finance Bill – no new action expected: House finalized their version of bill on March 4, with 5 cent gas tax, corporate tax, TNC fees. 

Transportation Revenue Debate Summary – Debate on this bill, formerly H. 4508, concluded in the House on 3/5/2020. This bill is now in the Massachusetts Senate, where its fate is unknown due to the huge strains on the state's revenues because of COVID-19. The new bill is now H4530 and is in the Senate Committee on Ways and Means

A Bill We Oppose: Transparent Business bill sent to study as previously reported. With a formal budget process underway post-November 3, we need to watch out for this being filed as an amendment. We also expect to see a refile in January 2021.

No change since March: City of Boston Municipal Lobbying Registration 

Two current city councilors, Michelle Wu and Andrea Campbell, both recently announced their intentions to run for Mayor of Boston in 2021. Mayor Walsh has not yet announced his plans.  As a result, we are unlikely to see any effort to fix the problem our members can face with the current wording of the lobbying ordinance: Design professionals attending meetings with clients on development projects with city of Boston will probably have to register as lobbyists if expressing an opinion that could be construed as advocating for or against a project

See Updates on this issue on the ACEC/MA Website page on the Boston Lobbying Ordinance

People can email their own questions about their own individual work to [email protected]

Opportunities to Serve on Boards and Commissions -Gubernatorial appointment requests: