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Government Affairs Update – October 2018

MALSCE Government Affairs Update – October 2018

by Abbie Goodman, MALSCE Chief of External Affairs

November 6 is Election Day in Massachusetts – You Can Vote Now or on November 6

On Tuesday, November 6, 2018, Massachusetts voters can vote for candidates of their choice and decide on statewide ballot questions that can change state law. Polling places are open from 7:00 AM-8:00 PM statewide on Election Day. Early voting is available for this election beginning October 22, 2018 and ending November 2, 2018. If you are unable to go to the polls or vote early, absentee ballots are easily available before the election. Before you vote, you’ll want to review the list of candidates for your area, do some research on where they stand, and review the ballot questions.  For more information see this link on the Secretary of State’s website.  

A candidate for office in Massachusetts won her primary election by 137 votes – so every vote can make a difference.

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

The Board of Registration cancelled its September 27, 2018 meeting. The next meeting will be on October 25, 2018. The agenda for this meeting is posted  on this link.

Issues for discussion on October 25 include:

  • Letter from Jerry T. Carter, CEO of NCEES, dated September 7, 2018, regarding an alleged “exam breach” from the April 2018 exam.

  • Draft Response of the Board to the alleged “exam breach.”

  • “Professional Practice, A Guide to the Practice of Architecture, Engineering, and Land Surveying in Massachusetts” dated 1997 and produced by the Massachusetts Board of Registration of Professional Engineers and Professional Land Surveyors and the Board of Registration of Architects – which needs to be updated to reflect current version of 250 CMR, 231 CMR and certain other statutes and regulations. MALSCE, ACEC/MA and BSCES leaders played an active role in the development of this important document in the mid-1990s and it is time for an update.

  • 2019 Meeting Dates – Board Meetings and Interview Subcommittee

  • Confirmation of November 15, 2018 Meeting Date

Board Counsel Legal Report:

  • Status of draft policy on Use of the Title Engineer

Closed Quasi-Judicial session pursuant to G.L. c. 30A, s. 18

Executive Session pursuant to G.L. c. 30A, §21(a) (1) to discuss character, rather than competency of Licensee A.A.

Review of Applications

Correspondence:

  • Email from Jeffrey Morrissette, Director of Land Use Management for the Town of Westford, to Abbie Goodman, dated October 3, 2018, requesting information about

  • Board Advisory Rulings Regarding Compiled Plans of Land.

  • Email from Jerry T. Carter, CEO of NCEES, dated September 26, 2018, providing  member boards with a statement from the Federal Trade Commission regarding License Portability.

  • Email from Eric Heine dated September 11, 2018, regarding stamping engineering documents.

  • Email from Jerry T. Carter, CEO of NCEES, dated August 31, 2018, providing member boards with a statement from the Interprofessional Council on Registration.

These are pending issues in the Division of Professional Licensure

  • 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.

  • Another issue under review: M G.L. c. 112, s. 81R(a) Exemption regarding practice of trades

  • Future meetings in 2018 are planned for these dates (subject to updates):

    • November 15 – this date may change

    • December 20

Additional resource links:

250 CMR –version as finalized through the Secretary of State’s office as of 2-10-2017

See:  https://www.mass.gov/lists/statutes-and-regulations-engineerland-survey

Scroll down on that webpage to separate sections of 250 CMR

 

Legislative Updates

FY2018 Supplemental Budget

In July 2018, Governor Charlie Baker filed a $583 million supplemental spending plan to close the 2018 fiscal year. The legislature acted on the bill during informal session, passing it on October 15, 2018. The final bill appropriates a total of $540.35 million and can be found here

  • $40 million for local roads and bridges

  • $10 million for contract assistance to the Clean Water Trust

  • $10 million to aid Merrimack Valley communities affected by the recent gas disaster

  • $7.5 million in surplus funds to the Executive Office of Education to establish "an infrastructure grant program to assist public schools in enhancing safety and security measures" by upgrading or retrofitting school buildings. The program would pay for, among other things, "classroom door locks, security cameras or active shooter detection systems,"

  • $347 million is deficiency spending to cover shortfalls in various accounts. Funding for deficient accounts includes $135 million for MassHealth fee for service payments, $100.5 to fund collective bargaining agreements, $32 million for snow and ice removal, $28.6 million for county sheriffs, $10.1 million for the Massachusetts Rehabilitation Commission employment assistance program, and $5 million to support evacuees of last year's hurricanes Irma and Maria.

The bill also spends down the state's surplus from fiscal 2018, which ended on July 1. Massachusetts collected an estimated $1.2 billion more in tax revenue than it had expected last fiscal year, leaving an estimated $200 million in funds that were not earmarked for any purpose after about $1 billion was put in the state “rainy day" fund.

This is not the full list of key results from the September 4, 2018 primary elections, so be sure to check your local media outlets on other state, county and legislative races that will also be on the ballot for November 6. 

DigSafe: This bill is now H4420, An Act Relative to Public Safety in Excavation

MALSCE is actively supporting H4420, An Act Relative to Public Safety in Excavation. This bill is currently in the House Ways & Means Committee. Abbie Goodman has had several meetings with legislative leaders about this bill in recent weeks to advocate for this bill to move during this current informal session, which ends on December 31, 2018. This bill would allow land surveyors to access Dig-Safe information earlier in a project, when the project is in preliminary design. Specific, accurate utility location information at the design phase of projects will promote more efficient design and construction of facilities and protect the general public, utility company assets and the lives of contractors. It also will help to reduce the number of construction change orders for public and private sector projects, saving money during construction and improving construction site safety.

Please contact your Massachusetts State Representative to urge positive action on H4420 this session.You can find your current State Representative (Representative in the General Court) by entering your home address on this state site: https://www.sec.state.ma.us/wheredoivotema/bal/myelectioninfo.aspx

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