Construction Outlook January 2017 by Ucane

A publication of the Utility Contractors’ Association of New England, Inc.

JANUARY, 2017

OSHA’s

Top Ten Violations of 2016

UCANE Interview :

Senator Jamie Eldridge (D-Acton)

• Governor Baker Signs New Hydrant Legislation • City of Boston Passes OSHA-Permit Ordinance • City of Lynn Looks at $100 Million Water Infrastructure Investment

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JANUARY, 2017

OFFICERS President PAUL SCENNA

Albanese D&S, Inc.

President-Elect RICHARD PACELLA, JR. R. M. Pacella, Inc.

Treasurer MARCELLA ALBANESE

Albanese Brothers, Inc.

Secretary RYAN McCOURT

McCourt Construction Company

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

JOHN BERKSZA

Eastern Insurance Group, LLC

NICK BIELLO

J. D’Amico, Inc.

TONY BORRELLI

Celco Construction Corp.

GERRY CARNEY, JR.

C. N. Wood Company, Inc.

KEVIN COLE

J. F. White Contracting Co.

BRIAN COONEY

C. C. Construction, Inc.

GREG FEENEY

Feeney Bros. Excavation, LLC

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

MARCO GIOIOSO

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A. J. LORUSSO

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IN THIS ISSUE 3 President’s Message:

2017 A Year of Challenges and Opportunities

5 Legislative Update:

• Massachusetts Legislature Passes and Governor Signs New Hydrant Legislation into Law • City of Boston Passes OSHA-Permit Ordinance; Temporarily Holds off on BRJP-Ordinance until Early 2017 • Grants Awarded for Improving Resiliency of Stormwater Infrastructure • Baker-Polito Administration to Promulgate Regulations to Meet SJC Decision on Global Warming Act • City of Lynn Looks at $100 Million Water Infrastructure Investment

15 MassDEP Releases Draft CY2017 Clean Water & Drinking Water SRF Lists Totaling Over $512 Million 27 UCANE Interview:

Senator Jamie Eldridge (D-Acton)

30 OSHA’s Top 10 Violations of 2016 33 UCANE’s 6th Annual Appreciation Night Trade Show 35 Governor Baker Signs New Hydrant Legislation 37 UCANE Welcomes New Members 39 Technology in Construction

Watch Out for Emails Asking To Do a HIPAA Audit

41 MWRA, New Bedford Industrial Pretreatment Programs Recognized for Excellence by EPA 43 OSHA FatalFacts: Asphxiation in Sewer Line Manhole 49 UCANE’s 2017 Scholarship Applications Now Available

AL MORTEO

51 UCANE’s Updated Employee Safety Manuals Now Available

JOHN OUR

53 Financial Management:

FED. CORP.

Robert B. Our Co., Inc.

JOSEPH PACELLA

RJV Construction Corp.

BRIAN RAWSTON

Jay Cashman, Inc.

CHRIS VALENTI

GVC Construction, Inc.

KEN VOGEL

WES Construction Corp.

PETER WILLIAMSON

LM Heavy Civil Const., LLC

DAVID ZOPPO

• Be Cautious With Hard-to-Value IRAs • The “Other” Exchange-Traded Funds • Profit-Sharing Plans for Your Small Business

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Magazine Designer: Sherri Klayman Construction Outlook Chairman: Paul Scenna Editorial Board: Paul Scenna, Richard Pacella, Jr., Marcella Albanese, and Ryan McCourt CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; Email: aklayman@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Brockton, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

R. Zoppo Corp.

ANNE KLAYMAN

Executive Director

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I am truly honored to be UCANE President this year, and I would like to offer my thanks to our membership for their vote of confidence. Since my involvement in UCANE over the past 12 years, I have seen firsthand how our Association, through its members, has improved our Industry’s effectiveness to make clean and safe drinking water issues a top priority with our citizens, our elected officials, and the heads of state agencies, and DPW Departments.

ach year, the guiding force behind the actions taken by our Association is the commitment of our elected Officers, Board of Directors, and Past-Presidents to work for the common good and I look forward to continuing that commitment. This year could be a pivotal one as it poses both challenges and opportunities for our Industry and our member companies. President-Elect Trump has made a large scale infrastructure bill a goal of his administration, and has advocated for a significant increase in appropriations to the State Revolving Loan Fund Program (SRF). UCANE will continue to work closely with our national lobby group, the Clean Water Construction Coalition (CWCC) and our sister associations across the country to assure these goals come to fruition. If successful, our member companies will need to expand their manpower and resources at a rapid pace to meet the $1 billion infrastructure program being discussed. Closer to home, UCANE will continue to strongly advocate to increase investment in the Massachusetts Clean Water Trust and also address the projected $21 billion gap that Massachusetts faces in its water infrastructure projects over the next 20 years.

JANUARY, 2017

UCANE staff and members will also work closely with the MassDEP to ensure the implementation of this year’s Intended Use Plan (IUP), which will provide over $500 million for drinking water and drinking water projects in 2017. This past fall, the Baker/Polito Administration authorized $500 million for the MassWorks program over the next five years. This program also funds water infrastructure as part of economic development projects, and recognizes that clean water and sewer systems are vital to economic growth. Staff and members will also continue to partner with our municipal officials to help them get these much need projects out to bid. They, like UCANE, recognize that without additional investment, we will continue to fall further behind in updating our aging water infrastructure, and the current patchwork approach will only end up costing the taxpayer more in the end, while jeopardizing the health and well-being of our citizens. In conclusion, UCANE’s strength has always been the willingness of its membership to get involved. I ask that you get involved in any way you can, as your support is vital to our Association’s continued effectiveness. I would like to wish you and your families a healthy and happy New Year, and I look forward to working with all of you to make 2017 a success. n

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Massachusetts Legislature Passes and Governor Signs New Hydrant Legislation into Law

ith the end of the 2016-2017 legislative session, the Massachusetts legislature passed various pieces of legislation that were considered non-controversial measures. One of those items was Senate Bill 2124, An Act to Maintain Public Water Systems, the so-called “hydrant bill” mentioned in Construction Outlook many times before. UCANE, working with other impacted organizations, including the Massachusetts Water Works Association, the lead legislative proponent, sought passage of this legislation to provide legal clarity and reduce costs incurred during the maintenance and installation of hydrants. As UCANE indicated to various policymakers throughout the legislative process, the proper installation, repair, maintenance, and testing of hydrants, appurtenant pipes, and valves is critically important not only for public safety, but also to each community’s overall water infrastructure. This work, which has traditionally been conducted by professionally trained utility contractors, staff from municipal public works departments, or public water system providers, is necessary to ensure that there is proper flow and volume of water to the hydrant and the water pipes feeding the hydrant. As hydrants are one part of a larger water infrastructure network, the repair, maintenance, and testing of hydrants during an emergency remains the responsibility of public water system providers and the utility contractors who possess the training, experience, and equipment necessary to maintain and install hydrants. A Massachusetts Department of Public Safety advisory of June 4, 2009 interpreted the responsibility of sprinkler fitters to extend outside of a building to encompass fire hydrants only to the extent to which “the work at issue involves dedicated fire protection sprinkler lines.” The memorandum exempted fire

JANUARY, 2017

hydrants that were installed as part of the water infrastructure system. This exemption recognizes that hydrants are one part of a larger water infrastructure network, requiring maintenance as part of the overall system – not simply fire protection (i.e., assist in the provision of potable water). Utility contractors, using laborers, have safely installed fire hydrants and appurtenant pipes for many years. Under the new law, safeguards will continue to exist to ensure that (a) utility contractors are only exempted when doing approved, emergency work for a public water system and (b) said work is within the jurisdiction of the public water system. For decades, public water providers and utility contractors have been authorized to conduct the installation and maintenance of hydrants, including the pipes and valves associated with them. The overall integrity of a community’s water infrastructure is the responsibility of the public water supplier, meaning that hydrants should not be taken out of the equation. The new law, passed unanimously by the Massachusetts Senate and the Massachusetts House of Representatives, clarifies that there is a dual use for fire hydrants, generally, and the existence of an integrated water system, specifically, that can be maintained by municipalities or contractors working on a municipalities’ behalf during an emergency. UCANE would like to note the work of Jen Pederson, Executive Director of the Massachusetts Water Works Association; Tony Pini, Legislative Director for the Massachusetts Laborers District Council; Peter Gibbons, Business Agent, of Sprinkler Fitters and Apprentices, Local 550; and Rob McGovern, Legislative Director, Associated Builders and Contractors for their continued work and collaboration on this issue. (See photos on page 35.) continued on page 7

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Legislative Update continued from page 5

City of Boston Passes OSHA-Permit Ordinance; Temporarily Holds off on BRJP-Ordinance until Early 2017

t its last official session for 2016, the Boston City Council passed an ordinance, proposed by Mayor Marty Walsh, aimed at protecting the safety of workers and the public by allowing the City of Boston the right to deny, revoke, or suspend a permit for work in Boston based on an applicant's work safety history. The ordinance will require that those receiving permits to work within the City of Boston to swear and affirm their work safety history, including current and resolved Occupational Safety and Health Administration (OSHA) violations. Currently, the City of Boston does not have this authority and is not directly notified of resolved or outstanding OSHA violations. Finally, the ordinance will update the City of Boston Municipal Code to allow a city officer in charge of issuing a permit to deny, revoke, or suspend a permit to a person, corporation, or business entity that has a history of engaging in unsafe, hazardous, or dangerous practices. UCANE, along with a variety of other construction industry associations, worked with City Council members and the Walsh Administration in an attempt to amend the proposed ordinance with language clarifying certain aspects of the new ordinance. To that end, Jeff Mahoney, Associate Executive Director of UCANE, along with Monica Lawton, President of the Associated Subcontractors of Massachusetts, and Brian O’Donnell, Senior Vice President of the Association of General Contractors, testified as a panel during the December public hearing on this matter to outline the industry’s concerns. Ultimately, while clarifying amendments offered by the construction industry and workplace safety associations were not included in the final ordinance, the City of Boston’s Inspectional Services Division has convened a working group to plan for the rollout of this new ordinance in 2017. Of note, the Boston City Council also passed an ordinance requiring permit applicants to declare how many “open” or “existing” permits are currently held by each applicant. More information about the City of Boston’s new permit approval process will shared once it becomes available. With respect to the second proposed ordinance, also filed by Mayor Walsh, the Boston City Council chose to defer action on the proposal until the 2017 Council session. The proposal aims to increase in employment standards for the Boston Residents Jobs Policy (“BRJP”) and Boston Employment Com-

JANUARY, 2017

mission (“BEC”) as part of an ongoing effort to create more employment opportunities for Boston residents, persons of color, and women. According to the Mayor’s Office, the new standards address the need to create more inclusive employment opportunities during the third largest construction boom in Boston's history. The updated ordinance requires that Boston residents represent a majority on each of the covered construction projects to reflect the changing nature of Boston's demographics. The new employment standard aims to increase the percentage of Boston residents, workers of color, and women on each development site, and applies the same standards to apprentices. UCANE, which submitted written testimony before the December public hearing, will continue to monitor the evolution of this proposed ordinance. Expect to see movement on this proposed ordinance in the beginning of 2017. continued on page 9

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Legislative Update continued from page 7

Grants Awarded for Improving Resiliency of Stormwater Infrastructure

ccording to a press release issued by the Massachusetts Executive Office of Energy and Environmental Affairs, the BakerPolito Administration awarded $53,708 in grants for communities to design retrofits of existing stormwater infrastructure to increase the effectiveness of polluted runoff treatment systems impacted by climate change. The goal is to fund pilot projects that improve and protect coastal water quality and ensure that these technologies can withstand higher sea levels, more intense storms, and other climate change impacts over the long term. The grants, provided by the Office of Coastal Zone Management, were awarded to Manchester-by-the-Sea, Melrose, Winthrop, and Yarmouth. A brief synopsis of the four projects funded through the 2016 grants include: Manchester-by-the-Sea: $14,430. The Town of Manchester will design an infrastructure retrofit to address stormwater entering Sawmill Brook, a rainbow smelt spawning habitat currently impacted by runoff pollution. The retrofit will also address stormwater flow and backups in the drainage system due to flooding. Melrose: $6,700. The City of Melrose will develop final designs for raingardens, with a focus on resiliency to anticipated increases in storm intensity and frequency due to climate change. When constructed, these improvements will effectively treat stormwater pollutants, especially bacteria and sediments entering Ell Pond. This work will contribute to Melrose’s ongoing effort to restore Ell Pond to a fishable and swimmable waterbody. Winthrop: $15,000. The Town of Winthrop will design infrastructure retrofits in its downtown area to ensure that stormwater management technologies remain effective despite the predicted increase in flooding. In addition, the retrofits will improve the treatment of bacteria in stormwater runoff that is negatively impacting water quality at Winthrop’s public beaches. Yarmouth: $17,578. The Town of Yarmouth will evaluate existing stormwater practicJANUARY, 2017

es within vulnerable areas and develop retrofit designs for a number of priority locations, addressing both anticipated increases in precipitation and rising groundwater tables. This work will complement Yarmouth’s ongoing efforts to address stormwater pollutants, especially bacteria and nitrogen entering its coastal waterbodies. The Massachusetts Office of Coastal Zone Management is the lead policy and planning agency on coastal and ocean issues within the Executive Office of Energy and Environmental Affairs. Through planning, technical and grant assistance, and public information programs, the agency’s work includes helping coastal communities address the challenges of storms, sea level rise, and other effects of climate change; working with state, regional, and federal partners. continued on page 11

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Legislative Update continued from page 9

Baker-Polito Administration to Promulgate Regulations to Meet SJC Decision on Global Warming Act

he Massachusetts Department of Environmental Protection (MassDEP) and the Massachusetts Department of Transportation (MassDOT) recently announced their efforts to comply with Governor Charlie Baker’s Executive Order 569, promulgated in the aftermath of a key Supreme Judicial Court decision on global warming. On May 17, 2016, the Supreme Judicial Court of Massachusetts ruled that the Massachusetts Global Warming Solutions Act (GWSA) requires MassDEP to promulgate new regulations that “impose a limit on [greenhouse gas] emissions that may be released, limit the aggregate emissions released from each group of regulated sources or categories of sources, set emission limits for each year, and set limits that decline on an annual basis.” Accordingly, Governor Baker’s September 16, 2016 Executive Order directed the Massachusetts Executive Office of Energy and Environmental Affairs to coordinate and make consistent new and existing efforts to mitigate and reduce greenhouse gas emissions and to build resilience and adapt to the impacts of climate change. The Executive Order also directed MassDEP to promulgate regulations that satisfy the mandate of Section 3(d) of Chapter 21N of the Massachusetts General Laws by August 11, 2017, with the objective that these regulations ensure that the Commonwealth meets the 2020 statewide emissions limit mandated by the GWSA. Of particular interest to the construction and transportation industries, the MassDEP and MassDOT announced that MassDEP is proposing amendments to the existing “Global Warming Solutions Act Requirements for the Transportation Sector and the Massachusetts Department of Transportation” regulation, 310 CMR 60.05, to set mass-based annually declining GHG emission limits and targets for the transportation sector. (Note: the regulations will also be renamed to “Global Warming Solutions Act Requirements for Transportation.”) According to a release from the agency, MassDEP is proposing to add declining annual aggregate CO2 targets for the transportation sector, reflecting CO2 reductions from vehicles that travel throughout Massachusetts due to programs such as those regulated under 310 CMR 7.40, the Low Emission Vehicle Program. MassDEP is further amending 310 CMR 60.05 to set declining annual aggregate limits on MassDOT to limit the amount of CO2 that is emitted from the combustion of fuels in mobile equipment DECEMBER, 2016 2017 JANUARY,

owned by MassDOT and the MBTA and of heating fuels at MassDOT and MBTA facilities. Currently, 310 CMR 60.05 requires MassDOT and Metropolitan Planning Organizations to evaluate and track CO2 emissions and impacts in the regional transportation plans, transportation improvement programs, and the statewide transportation improvement programs, building on an existing federally mandated transportation conformity planning process. Additionally MassDOT is required to demonstrate its achievement of CO2 emissions reduction commitments and targets stated in the 2020 CECP. A formal comment period on MassDEP’s proposed regulations will be held at various locations throughout the Commonwealth through February 24, 2017. Written comments may be submitted through February 24, 2017. For more information about the proposed regulations and the public hearing process, please visit: http://www.mass.gov/eea/agencies/massdep/news/ comment/reducing-ghg-emissions.html continued on page 13

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Legislative Update continued from page 11

City of Lynn Looks at $100 Million Water Infrastructure Investment

s reported by the Lynn Daily Item, water and sewer rates within the City of Lynn are expected to double over the next decade as $100 million is invested in a project to keep waste from flowing into the ocean. The project is a product of a 1976 United States Environmental Protection Agency allegation that the City of Lynn was in violation of the federal Clean Water Act by allowing waste from sewer systems to flow into the Atlantic Ocean. Under an order from the United States District Court, the Lynn Water and Sewer Commission is required to end so-called combined sewer overflows (CSOs) in four locations. The CSOs have been identified at Summer Street in West Lynn, two across from North Shore Community College, and another at King’s Beach on the Lynn-Swampscott line. With news of the additional amendment to the existing consent order, it is widely expected that water and sewer rates will absorb much, if not all, of the project costs. Under current pricing, Lynn’s water use cost is $9.98 per 100 cubic feet. The average resident spends $699 annually for about 7,000 cubic feet of water. A family of four using 10,000 cubic feet pays about $1,000 a year for water and sewer with expec-

tations for the year 2027 to be $2,000. The proposed project cost led the City’s major local news outlet, the Daily Item to offer an editorial urging the City’s “Commissioners, City Councilors, and Mayor Judith Flanagan Kennedy [to] band together with Lynn’s legislative delegation to push for federal relief.” In a key point, the Daily Item highlighted that “[s]elling sewer separation as a worthy infrastructure project in economic terms is fairly easy to do. The construction work involved in separation will create jobs and provide business for the contractors hired to do the work. Lynn neighborhoods and the businesses and residents operating and living in them will be better off without being periodically inundated by sewage-tainted floodwaters.” The City of Lynn’s predicament brings to mind the Massachusetts Water Infrastructure Financing Commission’s assessment in 2012 that the Commonwealth is chasing a $21 billion funding gap. UCANE, along with other members of the Water Infrastructure Alliance, will continue to push for additional resources to address the Commonwealth’s water infrastructure funding gap during the upcoming 2017-2018 legislative session. n

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MassDEP Releases Draft CY2017 Clean Water & Drinking Water SRF Lists Totaling Over $512 Million Charles D. Baker Governor Karyn E. Polito Lieutenant Governor

Over $407 Million Offered for Clean Water SRF in 2017

Matthew A. Beaton Secretary Martin Suuberg Commissioner

he Massachusetts Department of Environmen-

proximately $407 million to finance clean water projects across the Commonwealth. Approximately $331 ent the Draft 2017 Intended Use Plan (IUP), million will fund 26 new construction projects, and an which details the projects, borrowers, and amounts additional $43 million will be allocated towards funding To All Interested Parties: that will be financed through the Clean Water State 7 previously approved multi-year projects. $2 million Revolving Fund (CWSRF) loan program. The CWShas been allocated the emergency set-aside acThe Massachusetts Department of Environmental Protection (MassDEP) is to pleased to present the RF is a joint federal-state financing loan program that count, and $3 million will be directed to the Final 2016 Intended Use Plan (IUP), which details the projects, borrowers and amounts that will Community be provides subsidized interest rate loans to improve or Septic Management Program to remediate failed sepfinanced through the Clean Water State Revolving Fund (CWSRF) loan program. The CWSRF is a protect water quality in the Commonwealth. tic systems in participating communities. An additional joint federal-state financing loan program that provides subsidized interest rate loans to improve or $23 million will fund 18 planning projects. As noted in Table 1, Massachusetts is offering aptal Protection January 26, 2016 (MassDEP) is pleased to pres-

protect water quality in the Commonwealth.

1 $414 million to finance clean water As noted in Table 1, Massachusetts is offeringTable approximately TABLE$380 1 million will fund 35 new construction projects across the Commonwealth. Approximately Clean Water State Revolving FundREVOLVING CY2017FUND Draft Intended Use Plan CLEAN WATER projects and an additional $15 million will beSTATE allocated towards funding 9 previously approved Calendar Year 2017 CWSRF Draft Intended Use Plan multi-year projects. $2 million has been allocated to the emergency set-aside account, and $3 NEW PROJECTS million will be directed to the Community Septic Management Program to remediate failed septic 2017 NEW PROJECTS systems in participating communities. An additional $13.8 million will fund 15 planning projects. Rating Applicant SRF ID Project Project Cost IUP Cost Rating Applicant SRF ID Project Project Cost 2017 IUP Cost 128 The TAUNTON Water(PF) Resources

2018 Sewer and Drain $4,000,000 Reform 4147 and Development Act Improvements of 2014 (WRRDA) amended the Clean Water $4,000,000 resulting in important changes to the and CWSRF Program that will affect most borrowers. 127 Act MARION 4166 WWTP Collection System Improvements $35,000,000The $35,000,000 primary changes to the program are the requirements for borrowers to develop and maintain a Fiscal 119 WORCESTER (PF) 4165 Route 20 Sewer Extension Project $22,000,000 $22,000,000 Sustainability Plan, which is similar to an asset management plan and a certification that the cost and been evaluated and that the project maximizes water efficiency and$17,000,000 118 effectiveness TAUNTON (PF) of the project has 4169 Main Lift Pump Station Improvements $17,000,000 energy conservation. The body of the IUP discusses these new WRRDA requirements in greater 116 NEW BEDFORD (PF) 4143 Pumping Station Improvements $21,000,000 $15,000,000 detail. 107 GRAFTON

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$2,700,000

91 NEW BEDFORD (PF)

4168 Wastewater Collection System Improvements

$41,300,000

$26,000,000

85 WAREHAM (PF)

4163 WPCF Improvements - New Primary Clarifiers

$13,000,000

This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 Extension MassDEP Website: www.mass.gov/dep

81 EASTON

4155 Easton Five Corners Sewer

continued on$8,585,000 page 17 $8,585,000

72 BILLERICA (PF)

4159 WWTF andPump Station Upgrades

$6,900,000

$10,774,700

$9,738,000

69 TYNGSBOROUGH

JANUARY, 2017 64 ACTON

4160 Phase 2 Middlesex Road North

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 4154 West Acton Center Sewer Extension Project

100 LOWELL REGIONAL WASTEWATER UTILITY (PF)

4158 Pevey Storage Facility

$5,350,000

99 FRAMINGHAM (PF)

4151 Worcester Road Pumping Station Elimination Project

$21,930,000

97 NANTUCKET

4161 Madaket, Warrens Landing, Somerset Sewer Extension

$71,000,000

$29,312,000

95 NORWOOD (PF)

4164 Underdrain Area Sewer Rehabilitation

$2,700,000

DEP/SRF continued from page 15

NEW PROJECTS (cont.)

91 NEW BEDFORD (PF) 4168 Wastewater Collection System Improvements $41,300,000 Rating Applicant SRF Project Cost 85 WAREHAM (PF) 4163 ID Project WPCF Improvements - New Primary Clarifiers $13,000,000

$26,000,000 2017

IUP Cost $13,000,000

81 EASTON

4155 Easton Five Corners Sewer

$8,585,000

72 BILLERICA (PF)

4159 WWTF andPump Station Upgrades

$6,900,000

69 TYNGSBOROUGH

4160 Phase 2 Middlesex Road North

$10,774,700

64 ACTON

4154 West Acton Center Sewer Extension Project

$9,738,000

61 WEST SPRINGFIELD (PF)#

4167 Pump Station Improv. And I/I Reduction Project

$8,296,500

59 BILLERICA (PF)

4157 Sewer Contract 36

$13,573,000

56 QUINCY (PF)

4146 Phase IV Infrastructure Improvements

$3,000,000

55 GLOUCESTER (PF)

4144 Rehab. of DPW & Goose Cove Sewer Pumping Stations

$4,550,000

53 GARDNER (PF)

4152 Gardner - Sludge Dewatering Replacement Project

$7,838,100

52 MWRA

4150 DITP Asset Protection Phase 3

$61,600,000

$9,000,000

TOTAL OFNEW NEW PROJECTS TOTAL OF PROJECTS (Count: 26) (Average Rating: 89.5) (Count: 26) (Average Rating: 89.5)

$435,675,300 $320,087,300 $320,087,300

$435,675,300

(PF) - Affordability Criteria (RE) - Potential Renewable Energy Projects # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm)

JANUARY, 2017

continued on page 19

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JANUARY, 2017

DEP/SRF continued from page 17 MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS MULTI-YEAR MULTI-YEAR CARRYOVER AND STATUTORY PROJECTSCARRYOVER Applicant SRF ID Project Applicant SRF ID ID ProjectProject Applicant SRF

AND STATUTORY PROJECTS

MWRA 4117 Facility Asset Protection MWRA 4117 Facility Asset Protection MWRA 3982 Clinton WWTP Phosphorous Removal 3982 Clinton WWTP Phosphorous Removal MWRA MWRA 3981 Remote Headworks Upgrade 3981 Remote Headworks Upgrade MWRA MWRA 3921 Chelsea Screenhouse Upgrades 3921 Chelsea Screenhouse Upgrades MWRA MWRA 2885 Wastewater Treatment Plant and Sewer Improvements 2885 Wastewater Treatment Plant and Sewer Improvements MWRA NANTUCKET 4096 Monomoy and PLUS Sewer Extension 4096 Monomoy and PLUS Sewer Extension NANTUCKET TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS TOTAL OFTOTAL MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS (Count: 6) (Count: 6) (Count: 6) MassDEP PRIORITY PROJECTS MassDEP PRIORITY PROJECTS Applicant Applicant Applicant

ACUSHNET ACUSHNET BROCKTON BROCKTON FALL RIVER FALL RIVER FALL RIVER FALL RIVER GLOUCESTER GLOUCESTER HADLEY HADLEY HOPKINTON HOPKINTON MARION MARION NANTUCKET NANTUCKET NEW BEDFORD NEW BEDFORD NEW BEDFORD NEW BEDFORD NEW BEDFORD NEW BEDFORD PLAINVILLE PLAINVILLE REVERE REVERE

2017 IUPCost Cost 2017 IUP

2017 IUP Cost

$34,688,000 $34,688,000 $7,272,432 $7,272,432 $166,760,000 $166,760,000 $4,985,441 $4,985,441 $48,685,168 $48,685,168 $30,188,000 $30,188,000 $292,579,041 $292,579,041 $292,579,041

$3,000,000 $3,000,000 $3,000,000 $3,000,000 $27,014,559 $27,014,559 $1,985,441 $1,985,441 $6,000,000 $6,000,000 $18,188,000 $18,188,000 $59,188,000 $59,188,000 $59,188,000

Project Cost Project Cost Project Cost

2017 IUP Cost 2017 IUP 2017 IUPCost Cost

MassDEP PRIORITY PROJECTS SRF ID Project SRF ID ID SRF Project

COMMUNITY SEPTIC 3850 Community Septic Management Program COMMUNITY SEPTIC 3850 Community Septic Management Program MANAGEMENT PROGRAM MANAGEMENT PROGRAM EMERGENCY SRF SET-A-SIDE 2977 EMERGENCY SRF SET-A-SIDE 2977 TOTAL OFTOTAL MassDEP PRIORITY PROJECTS OF MassDEP PRIORITY PROJECTS TOTAL OF MassDEP PRIORITY PROJECTS (Count: 2) (Count: 2) (Count: 2) PLANNING PROJECTS PLANNING PROJECTS Applicant Applicant

Project Cost Project Cost Project Cost

$3,000,000 $3,000,000

$2,000,000 $2,000,000 $5,000,000 $5,000,000 $5,000,000

continued on page 21

The Underground Authority. SRF ID Project SRF ID Project 4178 4178 4187 4187 4171 4171 4217 4217 4181 4181 4180 4180 4175 4175 4172 4172 4179 4179 4170 4170 4182 4182 4173 4173 4177 4177 4176 4176

Project Cost Project Cost

Comprehensive Wastewater Management Plan Comprehensive Wastewater Management Plan 2017 Sewer System Evaluation Survey Program 2017 Sewer System Evaluation Survey Program Compact and economical CSO Facilities Plan CSO Facilities Plan solution for hydro and air Wastewater Treatment Facilities Plan utility potholing. Wastewater Treatment Facilities Plan Utility Master Plan Utility Master Plan Hadley NPDES Phase II MS4 Planning SRF Hadley NPDES Phase II MS4 Planning SRF Town of Hopkinton - Update to CWMP Town of Hopkinton - Update to CWMP MS4 Permit Compliance and Reporting MS4 Permit Compliance and Reporting I/I amd Flow Metering Study I/I amd• Flow Metering Study& Productive Tough, Reliable WW Collection System Investigations Program • Lowest cost,Investigations in-the-field Program WW Collection System maintenance Wastewater Treatment Plant Facilities Plan Wastewater Treatment Plant Facilities Plan • Available in 2” - 5.75” diameters MS4 Permit Compliance and Reporting MS4 Permit Compliance and Reporting Sewer System Infiltration/Inflow Program Sewer System Infiltration/Inflow Program Illicit Connection and Sump Pump Investigations Illicit Connection and Sump Pump Investigations

Vacuum Excavators

Pneumatic Piercing Tools

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2017 IUP Cost 2017 IUP Cost $375,000 $375,000 $375,000 $375,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $1,200,000 $1,200,000 $1,200,000 $1,200,000 $390,000 $390,000 $390,000 $390,000 $250,000 $250,000 $250,000 $250,000 $400,000 $400,000 $400,000 $400,000 $500,000 $500,000 $500,000 $500,000 Industry-best ease $6,000,000featuring$6,000,000 $6,000,000 $6,000,000 of use and pinpoint accuracy. $2,500,000 $2,500,000 $2,500,000 $2,500,000 $500,000 $500,000 $500,000 $500,000 $190,000 $190,000 $190,000 $190,000 $600,000 $600,000 $600,000 $600,000

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COMMUNITY SEPTIC MANAGEMENT PROGRAM

3850 Community Septic Management Program

$3,000,000

EMERGENCY SRF SET-A-SIDE

2977

$2,000,000

$5,000,000

Project Cost

2017 IUP Cost

$375,000

TOTAL OF MassDEP PRIORITY PROJECTS (Count: 2)

DEP/SRF continued from page 19 PLANNING PROJECTS

PLANNING PROJECTS

Applicant Applicant

Project

Project Cost

2017 IUP Cost

ACUSHNET

4178 Comprehensive Wastewater Management Plan

BROCKTON

4187 2017 Sewer System Evaluation Survey Program

$4,000,000

FALL RIVER

4171 CSO Facilities Plan

$1,000,000

FALL RIVER

4217 Wastewater Treatment Facilities Plan

$2,000,000

GLOUCESTER

4181 Utility Master Plan

$1,200,000

HADLEY

4180 Hadley NPDES Phase II MS4 Planning SRF

$390,000

HOPKINTON

4175 Town of Hopkinton - Update to CWMP

$250,000

MARION

4172 MS4 Permit Compliance and Reporting

$400,000

NANTUCKET

4179 I/I amd Flow Metering Study

$500,000

NEW BEDFORD

4170 WW Collection System Investigations Program

$6,000,000

NEW BEDFORD

4182 Wastewater Treatment Plant Facilities Plan

$2,500,000

NEW BEDFORD

4173 MS4 Permit Compliance and Reporting

$500,000

PLAINVILLE

4177 Sewer System Infiltration/Inflow Program

$190,000

REVERE

4176 Illicit Connection and Sump Pump Investigations

$600,000

REVERE

4183 Phase IX Field Investigations - I/I and IDDE

$1,200,000

SPENCER

4220 I/I and Sewer System Evaluation Study

$246,000

SPENCER

4219 Comprehensive Wastemanagement Plan

$179,000

TAUNTON

4174 Comprehensive Water Resources Planning

$1,600,000

TOTAL OF PLANNING PROJECTS (Count: 18)

SRF ID

SRF ID Project

TOTAL OF PLANNING PROJECTS

(Count: 18)

TOTAL OF DRAFT INTENDED USE PLAN TOTAL OF DRAFT INTENDED USE PLAN

$23,130,000

$756,384,341

$23,130,000

$407,405,300

continued$407,405,300 on page 23

$756,384,341

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DEP/SRF continued from page 21

$105 Million Offered for Drinking Water SRF in 2017

he Massachusetts Department of Environmental Protection (MassDEP) is pleased to present the Draft 2017 Intended Use Plan (IUP), which lists the proposed projects, borrowers, and amounts that will be financed through the Drinking Water State Revolving Fund (DWSRF) loan program. The DWSRF is a joint federal-state financing program that provides subsidized interest rate loans to protect public health by improving water supply, infrastructure systems, and protecting drinking water in the Commonwealth. As noted in Table 1, Massachusetts proposes to offer $105 million to finance drinking water projects

across the Commonwealth. Approximately $53.8 million will fund 10 new construction projects and an additional $46 million will be allocated towards funding 8 previously approved multi-year projects. $3.1 million is allocated towards the three Planning Projects submitted. An additional $2 million will fund an emergency set-aside account. Replacement of lead service connections is a high priority for MassDEP, and 3 of the 2017 recommended Construction Projects will undertake work to entirely replace lead service connections to the meter, ensuring that lead is not entering a home or building via the public water system.

Table 1 Drinking Water State Revolving Fund CY2017 DraftTABLE Intended Use Plan 1

DRINKING WATER STATE REVOLVING FUND TABLE 1 Intended Use Plan Calendar Year 2017NEW DWSRF Draft PROJECTS DRINKING WATER STATE REVOLVING FUND Calendar Year 2017 DWSRF Draft Intended Use Plan NEW PROJECTS Rating Applicant SRF ID Project Project Cost Rating Applicant NEW PROJECTS

SRF ID Project

Project Cost

2017 IUP Cost

530.0 BEDFORD (PF) RatingNEW Applicant

4213 Service Line Replacement Program - Phase I SRF IDLead Project

530.0 (PF) 530.0 WEBSTER NEW BEDFORD (PF)

4212 BeachLine Wells Water Treatment Plant 4213Memorial Lead Service Replacement Program - Phase I

$10,000,000 $10,200,000

$10,000,000 $5,000,000

530.0 WAREHAM WEBSTER (PF) 524.0 (PF)(RE)

4212Maple Memorial Beach Wells Water Treatment Plant 4215 Springs Water Purification Plant

$10,000,000 $18,909,204

$10,000,000 $14,000,000

524.0 REVERE WAREHAM (PF)(RE) 520.0 WATER DEPT (PF)

4215Lead Maple Springs Water Purification Plant 4202 Service Replacement

$18,909,204 $4,250,000

$14,000,000 $4,250,000

520.0 REVERE(PF) WATER DEPT (PF) 518.0 * EASTHAM

4202Phase Lead2Service Replacement 4209 of Town-Wide Water System

$4,250,000 $17,285,000

$4,250,000 $4,000,000

EASTHAM (PF) 518.0 *BARNSTABLE 515.0 (PF)

4209Sys. Phase 2 of Town-Wide System Mitigation 4188 Upgrade Prg. Chem. Water Contamination

$17,285,000 $3,610,000

$4,000,000 $3,610,000

515.0 MILFORD BARNSTABLE 510.0 WATER(PF) COMPANY (PF) 510.0 MILFORD WATER COMPANY (PF) 440.0 BROCKTON (PF)

4188Lead Sys. Upgrade Prg. Chem. Project Contamination Mitigation 4201 Services Replacement

$3,610,000 $1,158,000

4201 Lead Services Replacement Project 4216 Transmission Main and Valve Replacement Project

$1,158,000 $1,500,000

$1,500,000 $22,350,000 $22,350,000 $9,086,750 $9,086,750 $98,348,954 $98,348,954

$1,500,000 $5,000,000 $5,000,000 $5,309,500 $5,309,500 $53,827,500 $53,827,500

440.0 BROCKTON (PF) 4216 Transmission Main and Valve Replacement Project 440.0 NEW BEDFORD (PF) 4214 High Hill Reservoir Rehabilitation 440.0 NEW BEDFORD (PF) 4214 High Hill Reservoir Rehabilitation 415.0 BILLERICA (PF) 4196 Water Treatment Plant Upgrades 415.0 BILLERICA (PF) 4196 Water Treatment Plant Upgrades TOTAL OF NEW PROJECTS TOTAL OF NEW PROJECTS (Count: 10)OF NEW PROJECTS (Average Rating: 494.2) TOTAL (Count: 10) (Average Rating: 494.2)

(Count: 10)

* - Small System * - Small System

$98,348,954

$5,000,000 2017 IUP Cost

$53,827,500

(Average Rating: 494.2)

(PF) - Affordability Criteria (PF) - Affordability Criteria (RE) - Potential Renewable Energy Projects (RE) - Potential Renewable Energy Projects

JANUARY, 2017

$10,200,000 Project Cost

2017 IUP Cost

continued on page 25

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DEP/SRF continued from page 23 MassDEP MassDEP PRIORITY PRIORITY PROJECTS PROJECTS MassDEP PRIORITY PROJECTS Applicant Applicant Applicant Applicant

MassDEP PRIORITY PROJECTS

SRF ID Project SRF IDID Project SRF SRF ID ProjectProject

Project Cost Project Cost Project Cost Project Cost

EMERGENCY 2978 EMERGENCY SRF SRF SET-A-SIDE SET-A-SIDE 2978 EMERGENCY SRF SET-A-SIDE 2978 TOTAL MassDEP PRIORITY PROJECTS TOTAL OF OF TOTAL MassDEP PRIORITY PROJECTS OF PRIORITY MassDEP PROJECTS PRIORITY PROJECTS TOTAL OF MassDEP (Count: (Count: 1) 1) (Count: 1) (Count: 1) MULTI-YEAR PROJECTS MULTI-YEAR CARRYOVER CARRYOVER AND AND STATUTORY STATUTORY PROJECTSCARRYOVER MULTI-YEAR MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS Applicant SRF ID Project Applicant SRF IDID ProjectProject Applicant SRF Applicant SRF ID Project

$2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000

2017 IUP Cost

2017 Cost 2017 IUPIUP Cost 2017 IUP Cost $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000

AND STATUTORY PROJECTS

EASTHAM 4121 2 Town-Wide Town-Wide Water EASTHAM 4121 Phase Phase 2 Water System System EASTHAM 4121 Phase 2 Town-Wide Water System EASTHAM 4038 Water Water System System Phase Phase II EASTHAM 4038 EASTHAM 4038 Water System Phase I HAVERHILL 4074 Haverhill Haverhill Water Water Treatment Treatment Plant Plant Upgrades Upgrades HAVERHILL 4074 HAVERHILL 4074 Haverhill Water Treatment Plant Upgrades MWRA 4119 SEH SEH Redundancy Redundancy and and Storage Storage Section Section 111 111 Phase Phase II MWRA 4119 MWRA 4119 SEH Redundancy and Storage Section 111 Phase I MWRA 3898 Weston Weston Aqueduct Aqueduct Supply Supply Mains Mains and and Sec Sec 36/101 36/101 MWRA 3898 MWRA 3898 Weston Aqueduct Supply Mains and Sec 36/101 MWRA (RE)# (RE)# 3972 Wachusett Wachusett Aqueduct Aqueduct PS PS MWRA 3972 MWRA (RE)# 3972 Wachusett Aqueduct PS NEW BEDFORD BEDFORD (PF) (PF) 4064 Quittacas Quittacas WTP WTP Rehabilitation Rehabilitation NEW 4064 NEW BEDFORD (PF) 4064 Quittacas WTP Rehabilitation TOTAL MULTI-YEAR CARRYOVER CARRYOVER AND PROJECTS TOTAL OF OF MULTI-YEAR AND STATUTORY STATUTORY PROJECTSPROJECTS OF MULTI-YEAR CARRYOVER AND STATUTORY TOTAL OF TOTAL MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS (Count: (Count: 7) 7) (Count: 7) (Count: 7) PLANNING PLANNING PROJECTS PROJECTS PLANNING PROJECTS PLANNING PROJECTS Applicant SRF Applicant SRF ID ID Project Project Applicant SRF Applicant SRF IDID ProjectProject BARNSTABLE 4185 Sys. Upgrade Study To Mitigate BARNSTABLE 4185 Sys. Upgrade Study To Mitigate Chem. Chem. Contamination Contamination BARNSTABLE 4185 Sys. Upgrade Study To Mitigate Chem. Contamination BARNSTABLE 4184 New Well Exploration Study BARNSTABLE 4184 New Well Exploration Study BARNSTABLE 4184 New Well Exploration Study BROCKTON 4186 BROCKTON 4186 2017 2017 Transmission Transmission Main Main Assessment Assessment BROCKTON 4186 2017 Transmission Main Assessment TOTAL OF PLANNING PROJECTS TOTAL OF PLANNING PROJECTS TOTAL OF PLANNING PROJECTS TOTAL OF PLANNING PROJECTS (Count: (Count: 3) 3) (Count: 3) (Count: 3) TOTAL DRAFT INTENDED TOTAL OF DRAFT INTENDED USE PLAN TOTAL OF OF DRAFT INTENDED USE USE PLAN PLAN TOTAL OF DRAFT INTENDED USE PLAN

Project Cost Project Cost Project Cost Project Cost

2017 Cost 2017 IUPIUP Cost 2017 IUP Cost

$17,114,000 $17,114,000 $17,114,000 $45,476,000 $45,476,000 $45,476,000 $32,631,000 $32,631,000 $32,631,000 $29,819,000 $29,819,000 $29,819,000 $67,920,500 $67,920,500 $67,920,500 $60,500,000 $60,500,000 $60,500,000 $45,690,000 $45,690,000 $45,690,000 $299,150,500 $299,150,500 $299,150,500 $299,150,500

$6,024,000 $6,024,000 $6,024,000 $4,976,000 $4,976,000 $4,976,000 $15,000,000 $15,000,000 $15,000,000 $6,500,000 $6,500,000 $6,500,000 $2,000,000 $2,000,000 $2,000,000 $6,500,000 $6,500,000 $6,500,000 $5,000,000 $5,000,000 $5,000,000 $46,000,000 $46,000,000 $46,000,000 $46,000,000

Project Project Cost Cost Project Cost Project Cost $1,600,000 $1,600,000 $1,600,000 $1,072,500 $1,072,500 $1,072,500 $500,000 $500,000 $500,000 $3,172,500 $3,172,500 $3,172,500

2017 IUP Cost 2017 IUPIUP Cost 2017 Cost

$3,172,500

2017 IUP Cost

2017 IUP Cost $1,600,000 $1,600,000 $1,600,000 $1,072,500 $1,072,500 $1,072,500 $500,000 $500,000 $500,000 $3,172,500 $3,172,500 $3,172,500

$3,172,500

$402,671,954 $105,000,000 $402,671,954 $402,671,954 $105,000,000 $105,000,000 $402,671,954

$105,000,000

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Senator Jamie Eldridge (D-Acton)

Senator Eldridge became interested in politics and government through a water contamination issue in his hometown of Acton, when he learned about how the W. R. Grace company had contaminated two wells in Acton, by illegally dumping chemicals into the ground. He saw how Acton residents and State Representative Pam Resor at the time, fought to get the company to clean up the spills, and get the state and federal government to get involved. He decided to get involved in a political campaign in high school, by volunteering for State Senator (and later Environmental Secretary) Bob Durand's campaign for State Senate. After becoming State Senator, he was Senator Durand's first intern in his State House office, and knew then that he wanted to someday run for public office himself.

You played a major role in bringing water infrastructure legislation, Chapter 259 of the Acts of 2014, to fruition. Can you discuss your thoughts on the law?

I believe the work of the Water Infrastructure Finance Commission (WIFC) was critical to raising awareness about the serious gap in state and federal water infrastructure funding. The WIFC report led to the passage of Chapter 259, which I believe marked the first step in getting the state to properly fund this often-neglected area of infrastructure. The law took common-sense steps to assure that all communities and water districts were properly focused on the maintenance of their water systems, and created some more flexibility to, and funding for, water infrastructure projects, including decentralized projects. However, neither the WIFC members, nor legislators, could agree on a dedicated revenue source. I am hopeful that the 2017-2018 Legislature can take this up, and I will be filing a bill creating a revenue source to fund water infrastructure across Massachusetts.

The importance of maintaining our drinking water and wastewater infrastructure must be an ongoing effort. In addition to your work on Chapter 259 of the Acts of 2014, you have pushed for other means of funding water infrastructure projects. Can you share your thoughts on funding our water infrastructure needs in the future?

JANUARY, 2017

I believe strongly that, just like the state provides funding for roads and bridges, schools, and libraries, the state must provide funding for water infrastructure in each of the Commonwealth's 351 cities and towns. Just as these kinds of infrastructure and buildings are paid for with sales tax, gas tax, and income tax, I believe that there needs to be a separate, dedicated revenue source for water infrastructure. I will be filing such a bill this 2017-2018 legislative session.

You have been a strong advocate for the cities and towns of the Middlesex and Worcester District. Please describe the challenges you see facing municipalities in the near future.

While I am proud of the work of the Legislature to restore state funding to cities and towns since the 2008 fiscal crisis, the reality is that the local aid that Massachusetts communities receive is nowhere near even pre-2000 levels. Cities and towns receive 40 percent less state aid than they did 20 years ago, and areas like water infrastructure, affordable housing, planning, environmental protection, and public safety have all seen deep cuts from the state, causing cities and towns to either pick up the slack, or reduce municipal services. On top of that, because of weak health care, education, and regionalization reform, costs continue to rise for most continued on page 29

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Interview continued from page 27 Massachusetts communities. I am deeply concerned that federal cuts to the state will lead to greater challenges for the Commonwealth's cities and towns.

With the start of the 2017-2018 legislative session, can you discuss some of the initiatives you will be working on in the new session?

While the Massachusetts economy is in decent shape, we should all be concerned that the state's economic growth is only benefitting the people in the highest income brackets. We have one of the highest levels of income inequality, an affordable housing crisis, and a growing number of working families who are just one paycheck away from falling behind on rent, utilities, food, or not being able to see a doctor when they're sick. For those reasons, we need to raise the wages of everyone in our economy, starting with making the minimum wage a living wage. We also need a paid family and medical leave law so that all workers have the right to take time off when they're sick or to care for loved ones without fearing getting fired. Finally, we have to raise taxes on millionaires in order to make key investments in public transit and education, as well as "Medicare For All" to make health care affordable and accessible to all people. n

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he U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released their top 10 cited violations for FY2016. Patrick Kapust, Deputy Director of OSHA’s Directorate of Enforcement Programs presented the top 10 cited violations at the National Safety Council’s 2016 Congress and Expo in Anaheim, CA. Once again, the list remains relatively unchanged from previous years, with fall protection violations again at the top of the list. The only change in the top ten was Electrical-Wiring Methods violations moving from number 8 to number 9 and Machine Guarding violations correspondingly moving from number 9 to number 8. While there is an overwhelming amount of statistics provided by OSHA with this list every year, Kapust said that employers should look at the list and simply ask themselves, “Would they find these at my workplace? It’s a good place to start.” Overall, over 35,000 citations were issued in these top 10 categories in 2016.

The underground utility industry should take note that while Excavation Standards (1926.1101) did not make the list of frequent violations, it was number 4 on the “willful” violations list, down from number 3 in 2015, but with an increase in violations cited. OSHA defines a “willful” violation as “committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.” OSHA fines increased significantly (78%) on August 1, 2016. A willful or repeated violation increased from $70,000 to $124,709 per violation. Also, in the wake of tragic worksite fatalities this past year, the city of Boston will now be scrutinizing contractors’ safety records before issuing them a permit to do work in the city. Other municipalities are likely to follow suit. It emphasizes the need for contractors and their upper level management staff to continue to pay close attention to OSHA standards and properly train all employees.

OSHA’s Most Frequently Violated Standards for FY2016 (*Data current as of 10/11/16)

1 2 30

Fall Protection (1926.501)

6,906 violations Hazard Communication (1910.1200)

5,665 violations

This category has consistently topped the violation list, despite the fact that 39.9% percent of construction fatalities are fall related. OSHA noted that the majority of these citations come from roofing, framing, and residential construction.

The most common violation was an employer’s failure to have a written program, inadequate employee education and training, and a failure to maintain up-to-date inventory of chemicals and access to data sheets.

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Violations include improper scaffold assembly, improper worker access to scaffolding surfaces, and inadequate fall protection.

These violations include not conducting the required medical evaluation general requirements, not properly fit testing employees, and overexposing employees to contaminants.

These violations again increased in 2016. The most violations were worker training issues, the lack of lockout/ tagout procedures, and employers did not perform periodic inspections.

The most common violation in this standard was employers not ensuring safe operation by operators, not evaluating operators every three years on their performance, and a lack of certification for operators.

Ladder violations include using a ladder for a different purpose than for which it was designed, portable ladder access, and using the top ladder step.

Violations included the types of guarding, point of operation exposing the employee to injury, use of improper tools to operate machinery, and improper anchoring of fixed machinery exposure to blades.

Electrical violations once again went down in 2016. Violations included using substitutes for fixed wiring of a structure, not using flexible cords and cables when possible and not closing unused openings.

Violations included improper installation and use of electrical equipment, and the obstruction of working space around electrical equipment.

JANUARY, 2017

Scaffolding (1926.451)

3,900 violations Respiratory Protection (1910.134)

3,573 violations Lockout/ Tagout (1910.147)

3,406 violations Powered Industrial Trucks (1910.178)

2,855 violations Ladders

(1926.1053)

2,625 violations Machine Guarding (1910.212)

2,448 violations Electrical-Wiring Methods (1910.305)

1,937 violations Electrical-General Requirements (1910.303)

1,704 violations

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Governor Baker Signs New Hydrant Legislation UCANE, along with several other groups recently attended the bill signing of “An Act Relative to Performance of Work on Hydrants and Certain Components of Fire Protection Sprinkler Systems.” UCANE strongly supported the passage of the measure. Under the old laws, there were significant concerns about whether public water departments

and contractors could have laborers repair and replace hydrants. The new law clarifies the roles and responsibilities for public water departments, contractors, laborers and sprinkler fitters. At the signing, Governor Baker praised the groups for coming together in their advocacy so that public water systems can continue their important work.

Attending (L-R) were UCANE President Paul Scenna, Past-President and current UCANE Consultant Mike Lenihan, Governor Baker, Immediate Past-President John Our, and Assistant Executive Director Jeff Mahoney.

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Watch Out for Emails Asking To Do a HIPAA Audit There’s a new phishing email making the rounds that your firm needs to be aware of if you deal with protected health information (PHI) in any way and are subject to HIPAA rules and regulations.

he email is quite good, appearing for all intents and purposes to be an official communication from the Department of Health and Human Services, signed by its Director, Joycelyn Samuels. There’s a surprising twist to this story, though. The email was not sent by hackers, but by a private company. The text of the email indicates that the recipient has (possibly) been included in a HIPAA privacy, security, and breach notification audit program currently underway by the OCR. In other words, it looks legitimate, and sounds just dire enough to prompt a click. If you click the link contained in the email, however, rather than being taken to a government website, you’re taken to a company website, where you’re prompted to do business with them to ensure your compliance with all applicable HIPAA regulations. It’s an underhanded tactic, taken right out of the hackers’ playbook, and the Department of Health and Human Services is not amused. Director Samuels has released a formal statement, saying that the matter is currently under investigation, and because of that, has JANUARY, 2017

declined to name the company responsible for sending out the emails. She stressed that any official communication from her department regarding audits would be sent from OSOCRAudit@hhs.gov. If you don’t see that email address, it’s not an official communication. Navigating the maze of HIPAA rules and regulations can be difficult enough without companies resorting to hacker tactics to try to get your business.

If you have any questions or concerns about your company’s compliance, contact your IT Specialist to create a strategy that will ensure you don’t run afoul of Director Samuels or her department. n

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MWRA, New Bedford Industrial Pretreatment Programs Recognized for Excellence by EPA

he EPA recently selected The Massachusetts Water Resources Authority (MWRA) Industrial Pretreatment Program and New Bedford Industrial Pretreatment Program for the 2016 Regional Industrial Pretreatment Program Excellence Award. The industrial pretreatment program staff of the MWRA's Toxic Reduction and Control Department (TRAC), was recognized by the EPA's New England Office for exceptional work in inspecting, permitting, and sampling of industrial users that discharge industrial waste into the MWRA’s sewer system. In addition to inspecting all of its Significant Industrial Users (SIU), the MWRA conducted 918 oil/water separator trap inspections. Of the 379 sampling locations at SIUs, 224 were sampled more than once and 1,241 total sampling events were conducted. MWRA also continues to provide outreach to its SIUs by hosting an annual educational meeting inviting all SIUs to participate. Lastly, MWRA enforcement staff initiated 253 enforcement actions and $166,000 worth of penalties were assessed against SIUs in FY15. For many years, the MWRA has also submitted outstanding annual industrial pretreatment reports, which detail industrial pretreatment program highlights over the course of the year. The pretreatment program staff of New Bedford, led by Wayne Perry, Industrial Pretreatment Program Engineer, under the supervision of Jamie Ponte, Wastewater Superintendent, was recognized by the EPA's New England Office for exceptional work in inspecting, permitting, and sampling of industrial users that discharge industrial waste into the City’s collection system. Mr. Perry's efforts to regulate the numerous amount of dentists that discharge dental amalgam waste into the City's sewer system was one of the primary reasons for the award nomination. All 24 dental facilities were inspected in FY15 and found to be in compliance with Massachusetts’ regulations. The City of New Bedford also implements a septage hauler inspection program. Under this program, 100 percent of all loads from 24 separate

JANUARY, 2017

The EPA recently selected The Massachusetts Water Resources Authority (MWRA) Industrial Pretreatment Program and New Bedford Industrial Pretreatment Program for the 2016 Regional Industrial Pretreatment Program Excellence Award.

waste haulers are monitored for pH and visually inspected for oil and grease. For many years, the City has also submitted outstanding annual industrial pretreatment reports, which detail industrial pretreatment program highlights over the course of the year. “The professionals implementing the industrial pretreatment program, as well as the state environmental agencies that support them, are key to keeping our environment healthy. The EPA is proud to give them the credit they deserve,” said Curt Spalding, Regional Administrator of the EPA's New England Office. The EPA’s Regional Industrial Pretreatment Program Excellence Award was established to recognize and honor employees of publicly owned wastewater treatment plants for their commitment to improving water quality through outstanding oversight of industrial users discharging to the municipal sewer system. More often than not, and particularly with smaller facilities, conscientious pretreatment coordinators and staff continue to perform exceptionally with limited resources. Both the MWRA and the New Bedford Programs were presented the Excellence Award at the 18th Annual EPA New England Industrial Pretreatment Program Conference in October, and the awardees will also be acknowledged in January 2017, at the annual New England Water Environment Association Conference in Boston. n

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Asphyxiation in FATALFacts

12 No. 12 – 2015

Asphyxiation in Sewer Line Manhole

Department of Labor

Sewer Line Manhole Occupational Safety and Health Administration

www.osha.gov (800) 321-OSHA (6742)

Incident type: Confined space asphyxiation IDENT SUMMARY Weather conditions: Sunny, 61-67°F

ent type: ..........................................................Confined space asphyxiation Type of operation: Sanitary sewer system installation her conditions: ....................................................................... Sunny, 61-67°F of operation: Size .......................................Sanitary sewer system installation of work crew: 4 of work crew: Worksite .................................................................................................... 4 inspection conducted: Unknown site inspection conducted: ............................................................Unknown Competent safety monitoring on site: No petent safety monitoring on site: .............................................................. No Safety and health program in effect: No y and health program in effect: ................................................................ No Training and education for workers: No ng and education for workers: ................................................................. No pation of deceased worker:of ....................... Foreman/Operating Engineer Occupation Sex of deceased worker: ........................................................................ deceased worker: Foreman/Operating Engineer46/M on job: ................................................................................................. 15 years Age/Sex of deceased worker: 46/M at task: ................................................................................. Less than 1 hour Time on job: 15 years oyment classification (FT/PT/Temporary): ...................................Full time at task: Less than 1 hour uage spoken: Time ........................................................................................ English classification n/Non-Union:Employment .......................................................................................... Union

(FT/PT/Temporary): Full time Languagespoken: English RIEF DESCRIPTION OF INCIDENT Union/Non-Union: Union onstruction foreman died from asphyxiation after entering

manhole with an uncontrolled hazardous atmosphere. Four Brief Description ofsewer Incident nstruction workers were working in an inactive system a jobsite that wasAunoccupied forforeman over a week. few asphyxiation minutes construction died Afrom er they started working, the acrew noticed thatan theuncontrolled foreman washazafter entering manhole with ssing and a manhole cover was removed. While one worker ardous atmosphere. Four construction workers were led emergency services, a second theamanhole working in an inactiveworker sewer entered system on jobsite that assist the foreman and found him unresponsive theminutes bottomafter of was unoccupied for over a week. Aat few 20²/ ³ ft. manhole (see Figures 1 and 2).crew Whennoticed the second worker they started working, the that the forecame disoriented the manhole, another cover workerwas used a fan man inside was missing and a manhole removed. blow fresh airWhile into the and the worker was able to climb onemanhole worker called emergency services, a sect. The foreman was retrieved by fire personnel and ond worker entered thedepartment manhole to assist the fores later pronounced dead due to asphyxiation. man and found him unresponsive at the bottom of

theIncident 202/3 ft. manhole (see Figures 1 and 2). When ely Causes of the second worker became disoriented inside the hough the manhole was newly constructed and not yet connected manhole, another worker used a fan to blow fresh air an active sewer system at the time of this incident it contained a into the manhole and the worker was able to climb zardous atmosphere that resulted in asphyxiation. The employer did out. The foreman was retrieved by fire department t ensure that atmospheric hazards were identified and precautions personnel and was later pronounced dead due to assafe operations implemented before starting work at the site. phyxiation.

Workers were not trained to recognize confined space hazards and to take appropriate protective measures.

Manhole Depth – 20’8”

Figure 1: Photo of manhole

Figure 2: Diagram of manhole

You Have a Voice in the Workplace

Likely Causes of Incident

The Occupational Safety and Health Act the workers manhole constructed ofAlthough 1970 affords thewas rightnewly to a safe and not yet connected to Worker an active sewer system at workplace (see OSHA’s Rights thepage, time www.osha.gov/workers). of this incident, it contained a hazardous Workers atmosphere thatright resulted asphyxiation. also have the to filein a complaint withThe employer didifnot ensure that atmospheric hazards were OSHA they believe that there are either identified andofprecautions for safe operations impleviolations OSHA standards or serious workplace hazards. mented before starting work at the site.

• Workers were not trained to recognize con-

How OSHA Can Helpand to take appropriate fined space hazards

For questions to get information or protectiveor measures. advice, to report an emergency, fatality, • The atmosphere in the or manhole was not ashospitalization, amputation loss of an sessed to determine if conditions eye, or to file a confidential complaint, were acceptable before or during entry.visit contact your nearest OSHA office, www.osha.gov or call our • Proper ventilation wastoll-free not used to control atnumber at 1-800-321-OSHA (6742), mospheric hazards in the manhole. TTY 1-877-889-5627. It’s confidential.

• Protective and emergency equipment was not provided at the worksite. More Information • Anstandards attendant was not stationed outside the OSHA and regulations: manhole to monitor the situation and call for www.osha.gov/law-regs.html emergency services. OSHA publications: continued on page 45 www.osha.gov/publications

OSHA-approved state plans: www.osha.gov/dcsp/osp

The atmosphere in the manhole was not assessed to determine if conditions were acceptable before or during entry. OSHA’s free On-site JANUARY, 2017 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” Consultation services: Proper ventilation was not used to control atmospheric hazards in www.osha.gov/consultation the manhole.

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OSHA FatalFacts continued from page 43

within these spaces could seem acceptable during initial entry, atmospheric changes could occur over time and result in fatalities.

Asphyxia occurred when the foreman did not get enough oxygen to sustain life, either because the Incident Prevention amount of oxygen in the atmosphere was too low (i.e., oxygen deficiency) and/or a hazardous chemical Employers must ensure each confined space concentration was too high (e.g., high carbon dioxide in which workers may be assigned duties and each level). Although the exact atmospheric conditions in space that is a permit-required confined space the manhole at the time of the incident are unknown, (PRCS) is identified before starting work at a conmeasurements taken after the incident indicate it was struction site (29 CFR 1926.1203(a))1. possible the oxygen levels were low enough and/or A PRCS is a confined space with one or more of carbon dioxide levels were high enough to cause asthe following characteristics (29 CFR 1926.1202): phyxiation. • contains or has a potential to contain a hazWhen rescuers arrived the atmosphere conardous atmosphere, tained 19.1% oxygen, however this measurement • contains a material with potential for engulfwas taken after construction workers had used a fan ment, to provide fresh air to the disoriented worker. One day • has an internal layout that could trap or asafter the incident, the atmosphere contained 16.5% phyxiate an entrant, or oxygen and four days after the incident the oxygen concentration dropped to 7.7%. Hazardous atmo• contains any other serious physical or health spheres in OSHA’s Confined Spaces in Construction hazard. continued on page 47 standard include atmospheres with less than 19.5% oxygen (29 CFR 1926.1202). Normal atmospheric oxygen level is between 20.8% and 21%. Four MBO Precast Inc. days after the incident, the carbon 4 Marion Drive • Carver, MA 02330 dioxide concentration was 6.5%. T: 508-866-6900 • F: 508-866-5252 An atmosphere with 4% or more www.MBOPrecast.com carbon dioxide is considered Immediately Dangerous to Life or Health, according to the National Stone Strong Retaining Wall Systems Institute for Occupational Safety Manholes / Catch Basins / Custom Structures and Health. Septic Tanks / Leaching Products Changes in atmospheric conditions over time might be due to several causes, for example, organic matter (e.g., dead plants, animals, or animal waste products) decay in soil that uses up oxygen and produces hazardous gases (e.g., carbon dioxide, hydrogen sulfide). Although conditions

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OSHA FatalFacts continued from page 45 Employers with workers who will enter one or more PRCS must implement a PRCS program for safe permit space entry operations (29 CFR 1926.1203(d), 29 CFR 1926.1204) including the following requirements: 1. Provide training to workers at no cost to them in a language and vocabulary they understand, as required in 29 CFR 1926.1207, on how to safely perform permit space duties before their first assignment and as necessary. 2. Prohibit entry into permit spaces until hazardous conditions (atmospheric and physical) present are identified, evaluated, and addressed (29 CFR 1926.1204(b)&(c)). 3. Eliminate or control atmospheric hazards by ventilating, purging, inerting, or flushing the permit space as necessary (29 CFR 1926.1204(c)(4)). 4. Perform pre-entry testing for oxygen content, flammable gases and vapors, and potential toxic air contaminants (29 CFR 1926.1204(e)(3). 5. Continuously monitor the permit space to verify that atmospheric conditions remain acceptable during entry (29 CFR 1926.1204(e)(1)(ii)). 6. Provide essential equipment to workers with training on proper use, including: Burke We Earn Bprotective 7.5 x 5 9-16:Dennis Burke 10/24/16 a. Personal equipmentK. when necessary

(29 CFR 1926.1204(d)(4)). b. Rescue and emergency equipment to authorized workers, or implement procedures for rescue and emergency services (29 CFR 1926.1204(d) (8)&(i), 29 CFR 1926.1211). c. Station at least one trained attendant outside a permit space to perform all attendant’s duties (29 CFR 1926.1204(f); 29 CFR 1926.1209). 29 CFR 1926 Subpart AA was published on May 4, 2015 with an effective date of August 3, 2015.

Note: The described case was selected as being representative of improper work practices, which likely contributed to a fatality from an incident. The incident prevention recommendations do not necessarily reflect the outcome of any legal aspects of this case. OSHA encourages your company or organization to duplicate and share this information. This Fatal Facts is not an OSHA standard or regulation and it creates no new legal obligations. The recommendations contained herein are advisory in nature and are intended to assist employers in providing safe and healthful workplaces. The Occupational Safety and Health Act of 1970 (OSH Act) requires employers to comply with safety and health standards promulgated by OSHA or by an OSHA-approved state plan. The requirements of OSHA-approved state plans can be reviewed by selecting the state’s website at: www.osha.gov/dcsp/osp. The OSH Act’s General Duty Clause, Section 5(a)(1), requires employers to provide employees with a workplace free from recognized 2:26 PM Page hazards likely1to cause death or serious physical harm.

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

12/11/09 3:13:09 PM PM 12/11/09 3:13:09

JANUARY, 2017

2017 Scholarship Applications Now Available UCANE to Award Twelve $2,000 Scholarships WHO MAY APPLY? Any high school student who is the son or daughter of a UCANE member or an employee of a member who will be enrolling full time in an accredited four year academic institution for the year beginning in September 2017. IMPORTANT: In the event the applicant receives a full first year scholarship from the college of his/her choice, or from any orginization, civic group, etc., the UCANE scholarship will be awarded to another applicant.

HOW WILL THE APPLICATION BE JUDGED? This year there will be twelve $2,000 scholarships awarded. Selections for the awards will be based upon: 1. scholastic achievement 2. interest and effort in preparing for your vocation 3. extra-curricular activities at and away from school, including community service 4. personal recommendations 5. throughness of the completed application, particularly the essay 6. financial need

HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED? Each applicant is assigned a number. When completed, page 1 of the application with the name of the applicant must be detached and sealed in the accompanying envelope. The applicant’s name must not appear on pages 2-4 of the application or attached transcripts and recommendations. After the winning applications have been selected, the envelopes with corresponding numbers will be opened to identify the award recipient.

WHAT MUST ACCOMPANY THE APPLICATION? 1. A transcript of high school grades through the latest period prior to April 15 must accompany application. 2. A letter of recommendation from the principal or faculty advisor. The letter should include the number of students in the class and the standing of the applicant or equivalent must accompany application. 3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community, (optional but recommended). 4. Please indicate the UCANE company by which you or your parent is employed. NOTE: The name of the applicant must be deleted entirely from pages 2 through 4 and all accompanying correspondence, and your application number must be inserted in its place.

WHEN MUST I APPLY? All applications must be submitted no later than April 15, 2017. When requesting an application, please include: UCANE member company name; employee’s name (must be parent, legal guardian, or graduating student); home address, phone number, and email.

FOR AN APPLICATION, PLEASE SEND YOUR WRITTEN REQUEST TO: Utility Contractors’ Association of New England, Inc. 300 Congress Street • Suite 101 • Quincy, MA 02169 Tel: 617.471.9955 • Fax: 617.471.8939 • Email: aklayman@ucane.com JANUARY, 2017

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Providing adequate coverage but keeping cost at a minimum, and working with YOU to manage the risks associated with running a construction company Peter Jacavone • Pjacavone@Starshep.com Robert Barresi • Rbarresi@starshep.com 401-435-3600 www.starshep.com

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JANUARY, 2017

Your Company Must Have A Comprehensive Safety Program! This year’s Safety Manual includes information on: • OSHA’s Final Rule on Silica Exposure Limits • OSHA’s Final Rule on Confined Space in Construction • OSHA’s New Cranes & Derricks Standard (1926.47) • State and Federal Posting Requirements • OSHA’s Updated Trenching & Excavation Safety • OSHA’s Changes to the Penalty Calculation Limit • Recordkeeping Requirements — Employee Reporting on Fatalities & Hospitalizations • OSHA 10-Hour Training Requirements

Promote A Safe Working Environment It should be your company’s policy to provide a safe place to work, with the prevention of accidents being your ultimate goal. Your Insurance/Bonding carrier requires a Safety Program. State and Federal Agencies require a Safety Program.

OSHA Inspectors Will Be Enforcing: • Overall Construction Safety (29 CFR 1926) • Excavating Standards • Written Safety and Health Plans

• Hazard Communications Programs • Drug Free Workplace • OSHA 10-Hour Training Requirements

Examine The UCANE Pocket Directory When ordering Company Safety Manuals, the Safety Manual section only, in the back of UCANE’s Pocket Directory, will be made up into an individual Employee Pocket Safety Manual with Your Company Name & Logo printed on the cover. Employee signature cards verifying compliance with safety manual procedures are included. When signed, these cards should be placed in each employee’s file.

Employee Pocket Safety Manual Order Form Company Name:_________________________________ Authorized By:______________________ Pocket Manuals w/ Signature Cards: Qty.__________________ x $3.25 Ea. = $________________ 55.00 Printing and Set Up Charge for Personalized Covers: $________________ 10.00 $________________ Total: $________________

Postage and Handling: Date:____________ ❏ Company Logo Enclosed

❏ Company Logo to be mailed

❏ My check is enclosed

Employee Pocket Safety Manuals are available to UCANE members only. PAYMENT MUST ACCOMPANY ORDER. Utility Contractors’ Association of New England, Inc. • 300 Congress Street, Suite 101 • Quincy, MA 02169

Specialists In Bonding And Insurance For Contractors Since 1926 CARL TRAINA 300 Congress Street Quincy, MA 02169-0907 617.773.9200

SAND & STONE CORP. 192 Plain St. North Attleboro, MA 02760 (508) 699-1922 www.borocorp.com

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JANUARY, 2017

John E. Merchant, CPA IN THIS ISSUE

Cullen, Murphy & Co., P.C.

• Be Cautious With Hard-to-Value IRAs • The “Other” Exchange-Traded Funds • Profit-Sharing Plans for Your Small Business

Smart Tax, Business & Planning

Be Cautious With Hard-to

Be Cautious With Hard-to-Value IRAs

new year begins with celebrations, resolutions, and dual IRA opportunities. Most workers and their spouses have until April 18, 2017 (April 19 in some states), to contribute to an IRA for 2016. At the same time, contributions to 2017 IRAs are now permitted; the earlier money goes into the account, the more time for tax-deferred investment buildup. While you consider IRA contributions, you should also take this time to review IRA investments. Virtually any investment can go into an IRA, other than life insurance and collectibles. In recent years, questionable outlooks for stocks, bonds, and savings accounts have encouraged many IRA owners to consider—or put money into—nontraditional IRA assets. Assessing Alternatives

Consequently, IRA owners can invest in real estate, venture capital pools, even their nephew’s Internet startup that hopefully will become the next Google. Such outlays may or may not prove to be good uses for retirement funds. In any case, however, some tax-related issues will arise. IRAs must be valued for certain purposes, and illiquid assets are not as easy to value as listed securities or mainstream savings instruments. The IRS, which views undervaluation as a potential problem, has made some changes in reporting requirements, in order to spotlight alleged transgressions. IRA own-

JANUARY, 2017

ers face painful consequences if they trigger IRS disA new year pleasure in thisbegins area. with celebrations,

resolutions, and dual IRA opportunities. Lower Value, Less Tax Most workers and their spouses have until IRAs need to be valued for purposes such as reApril 18, 2017 (April 19 in some states), quired minimum distributions (RMDs) and Roth IRA to contribute to an IRA for 2016. At the conversions. same time, contributions toexperienced 2017 IRAsreal areesExample 1: Bill Carson, an tate investor, has most of his traditional IRA money now permitted; the earlier money goes into in private real estate partnerships. Now that he is past the account, the more time for tax-deferred age 701⁄2, Bill must take RMDs from his IRA each investment buildup. year and pay tax on the distributions. The lower the valueWhile of the you real consider estate, theIRA less contributions, tax Bill will pay on his RMDs. you should also take this time to review There is no readily visible market for the properIRA investments. Virtually any investment ties held by these private partnerships, and, thus, no cantogoeasily into value an IRA, thanIRS lifemay suspect way Bill’sother IRA. The Bill of lowering thecollectibles. valuation to In reduce taxable insurance and recent years,distributions. questionable outlooks for stocks, bonds, A similar situation may appear if Bill wants to and savings accounts have encouraged convert his traditional IRA to a Roth IRA. Convertmany IRA owners to consider—or put funds ing a traditional IRA with $500,000 in mutual continued on page 55 money into—nontraditional IRA assets.

Assessing alternatives “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

Consequently, IRA owners can invest in

will becom may or ma retirement some tax-r IRAs m purposes, to value as savings ins undervalu has made requireme alleged tra painful co displeasur

Lower v

IRAs need such as req (RMDs) a Examp real estate traditiona estate part 70½, Bill m each year a The lower less tax Bi There i for the pro partnershi value Bill’s

Serving the Bonding and Insurance needs of the N.E. construction industry for over 40 years.

Adam DeSanctis Gregory Juwa James Axon Michael Carney Wilder Parks Michael Gilbert Bryan Juwa David Boutiette Paul Patalano Dick Caruso Jonathan Duggan

Don’t dig yourself into trouble... The Perfect Excavation: • Pre-mark the location of intended excavation using white stakes, paint or flags. • In MA, ME, NH and RI, notify Dig Safe® at least 72 hours in advance - not including weekends and holidays. • In Vermont, notify Dig Safe® at least 48 hours in advance - not including weekends and holidays. • Notify non-member facility owners. • Maintain the marks placed by underground facility owners.

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• Use caution and dig by hand when working within 18” of a marked facility. • If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged. • Call 911 if the damaged facility poses a risk to public safety. • Know your state’s excavation requirements. Go to digsafe.com for educational material and current laws.

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JANUARY, 2017

Financial Management continued from page 53 to a Roth IRA will generate $500,000 of income to be taxed, but how much income will be generated when an IRA holding real estate assets is converted?

Cracking Down To prevent undervaluation that can lead to tax underpayments, the IRS is requiring more information from IRA custodians on Forms 5498 and 1099R for 2015 and later years. On Form 5498, which is filed annually with information on IRA account value and whether a distribution is required, IRA custodians must reveal the presence of hard-to-value assets and the asset type. The same information is required on Form 1099-R, which reports the amount of any IRA distribution. (For Form 1099-R, this rule affects in-kind distributions of hard-to-value assets.) With this information, the IRS will be able to focus on IRAs that hold illiquid assets, which are subject to RMDs. The agency can follow up to see if the reported valuation was arrived at fairly.

Impact on IRA Owners Individuals who want hard-to-value assets in their IRA, for their growth potential, should be vigilant about providing reliable valuations. Example 2: Bill Carson’s IRA holds $100,000 in liquid assets as well as private real estate investments. Bill’s IRA custodian has listed Bill’s cost— $400,000—as the value of the real estate. This year, Bill will be 71, so the IRS Uniform Lifetime Table gives him a “distribution period” of 26.5 years. Using the historical $400,000 cost of the real estate, Bill would divide the total account value ($500,000) by 26.5 to get an RMD of $18,868. Now, however, Bill’s IRA custodian requires him to get a current appraisal of the real estate holdings in the IRA. Suppose the appraiser finds the real estate interests in Bill’s IRA are worth $750,000. This would drive the account value up to $850,000, as reported on Form 5498, and the RMD to more than $32,000. If Bill withdraws less, he could owe a 50% penalty on the shortfall. For IRA owners, finding an IRA custodian that will hold hard-to-value assets can be a challenge. Once that’s accomplished, the next step may be discovering the custodian’s valuation policy. A custodian could require an IRA owner to provide a valuation once per year, from an independent source. A valuation might come from the sponsor of the deal, from an executive of a private company with stock in the account, or a reputable third party. For real estate, an annual comparative market analysis might be required. continued on page 57

JANUARY, 2017

Trusted Advice IRAs for 2016 and 2017 • For 2016 and 2017, total contributions to traditional and Roth IRAs cannot be more than $5,500, or $6,500 for those age 50 or older. • IRA contributions can’t exceed taxable compensation for the relevant year. • Contributions to a traditional IRA are prohibited for those 701⁄ 2 or older. Contributions to a Roth IRA are permitted, regardless of age. • If married couples file a joint tax return, one spouse may be able to contribute to an IRA even without taxable compensation for the year. The amount of the couple’s combined contributions can’t exceed the taxable compensation reported on the joint return.

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JANUARY, 2017

Financial Management continued from page 55

The “Other” Exchange-Traded Funds

xchange-traded funds (ETFs) have become popular in this century, due largely to relatively low expenses and tax efficiency. (See the July 2016 Financial Management article for more on ETFs.) As the name indicates, ETFs trade like stocks, on an exchange, as opposed to mutual funds, which typically are bought from and sold to the sponsoring company. Often, ETFs track a particular market index. Less publicized these days are what might be considered the original exchangetraded funds, known as closed-end funds. Closed-end funds also issue a certain number of shares, which trade between investors on a stock exchange. Rather than mimic an index, closed-end funds usually are actively managed, in an effort to deliver superior returns to investors.

The Case for Closed-Ends Should investors put money into closed-end funds? Perhaps. Some closed-end funds have excellent long-term records, including some that specialize in a certain area, such as a single foreign country’s stocks. In addition, specific features of these funds might appeal to investors. For instance, closed-end funds frequently trade at a premium or a discount to net asset value (NAV). Example 1: CEF closed-end fund holds stocks of various companies; the current market value of those shares is $100 million. Ten million shares of CEF are outstanding. Thus, the NAV of CEF is $10 per share ($100 million divided by 10 million). Nevertheless, CEF now trades at $9.25 a share: a 7.5% discount to its NAV. Over the past year, CEF has sometimes traded at a larger discount, sometimes at a smaller discount, and sometimes even at a premium to its current NAV. continued on page 59

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Financial Management continued from page 57 Among the universe of closed-end funds, it’s typical for investors to see a range of premiums and discounts, which can change at any time. Some investors will study a desirable closed-end fund for some time, observing its discount/premium range. When the fund is nearest its widest discount to NAV, there may be a buying opportunity, and a chance to profit if the discount narrows, beyond the normal profit potential of investing in securities. There’s also risk, if the discount should become even larger, in addition to the usual market risk that a share price might drop.

Using Leverage

tors should proceed with care. Information about these funds is available from the Closed-End Fund Association at cefa.com. continued on page 61

Did You Know?

bout 84% of large employers will offer highdeductible health plans in 2017. Indeed, 35% of large employers will offer only high-deductible plans to their workforce. Some workers’ deductibles will be offset by employers’ contributions to health savings accounts: tax-free funds that workers can use to pay forArea out-of-pocket health care costs. Boston

In addition, buying closed-end shares at a disLocations Source: wsj.com count can raise the dividend yield to investors. If CEF holds companies with an av2 Dexter Street erage dividend yield of, say, 4%, Everett, MA 02149 and investors can buy at a 10% Boston Area Boston Area discount to NAV, the dividend Locations Locations 431 Second Street yield would go up to 4.44%: an Everett, MA 02149 annualized 40 cents a share, on 2 Dexter Street 2 Dexter Street a $10 NAV, if CEF is purchased at Everett, MA 02149 Everett, MA 02149 $9 a share. 431 Second Street 431 Second Street Some closed-end funds go Everett, MA 02149 even further to boost yields to inEverett, MA 02149 BOSTON AREA LOCATIONS vestors. They use leverage to buy 2 Dexter Street 431 Second Street more shares, perhaps by borrowEverett, MA 02149 Everett, MA 02149 ing money or issuing preferred shares or using other tactics. Closed-end bond funds may be likely to follow such a plan. Example 2: LEV closed-end fund issues $100 million worth of common shares and leverages the fund by issuing $50 million of preferred shares, paying 3% to investors. Then, LEV uses the total $150 million raised to buy municiMinichiello Bros./Scrap-It, Inc., Minichiello Bros./Scrap-It, Inc. pal bonds with an average yield of Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, 5%. buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal sellers and processors of scrap metal. For over 60 years has our remained The $150 million of municipal remained the same - to in provide the best along prices in thetop industry along with the same - tohas provide the best prices the industry with notch top notch service! Fred Rogers at 617-595-5505 bonds will pay $7.5 million customer a year service! Callcustomer Fred Rogers at Call 617-595-5505 Bros./Scrap-It, Inc., in interest at 5%. LEV willMinichiello pay $1.5 Minichiello Bros./Scrap-It, Inc., million to its preferred shareholdServes over 2500 customers a week and is one New England's largest buyers, ers: 3% of $50 million. That will sellers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers leave $6 million ($7.5 million minus the same - to provide the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has remain $1.5 million) for investors in the customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch common shares. The latter inves customer service! Call Fred Rogers at 617-595-5505 tors will get a 6% return on their $100 million outlay, even though LEV holds bonds yielding 5%. LeTurn your metal into money today! verage can benefit investors, but Turn your metal into money today! such practices also can add to Minichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. losses in a down market, so inves

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Financial Management continued from page 59

Profit-Sharing Plans for Your Small Business continued from page 3

usiness owners who want to sponsor a retirement plan for employees (including owner-employees) have many options from which to choose. Knowing the basics can help entrepreneurs make an astute decision. One choice is a profit-sharing plan. Despite its name, your company needn’t tabulate its earnings every year and divide that amount among its workers. Instead, the term indicates a plan in which contributions to employees’ retirement accounts are made by the employer. Therefore, a profit-sharing plan may help your company to attract, motivate, and retain valued employees. These plans are flexible, so employers can contribute more in good years and less (or nothing at all) when business is slow. Considerable Contributions

Profit-sharing plans may permit employers to make relatively large, tax-deductible contributions to employees’ retirement funds. Employees won’t owe income tax until the money is withdrawn; in the in-

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greater percentage compensation in th accounts of certain employees. Such a plan might result in contribution of aro $8,000 or even $2, to the account for Barb, earning $50,0 while Doris, earnin $250,000, still gets $50,000 contribute to her account. The sophisticated profit terim, any investment earnings plan participants, but they needn’t becan compound, sharing plans unmust be constructed taxed. traditional prorata plans, as illustrated care, to comply with federal rules; in 2017, exampleemployer 1. Instead,contributions profit-sharing can oﬃce if you’re interested In be upcan tohelp 100% plans may be structured to put a type of arrangement. of compensation, with a ceiling of $54,000. Of those

contributions, the company can deduct amounts up to 25% of total compensation for all participants. A traditional profit sharing plan usually calls for prorata contributions to all covered employees’ accounts.JANUARY 2017 January 171: PSP Corp. makes a $6,000 contribuExample Individuals. Make a payment of your estimated tax for 2016 if you did tion to not anpayaccount for Al, who earns $30,000 (20% of your income tax for the year through withholding (or did not pay pay), $10,000 earns This $50,000, $20,000 enough in taxto thatBarb, way). Usewho Form 1040-ES. is the final installment datewho for 2016 estimated tax. However, and you don’t have to make for Chet, earns $100,000, $50,000 forthis Doris, payment if you file your 2015 return and pay any tax due by January 31, the company owner who earns $250,000. 2017. Profit sharing plans must havewithheld a set formula Employers. For Social Security, Medicare, income tax, for and determining howwithholding, the contributions allocated among nonpayroll deposit the tax forare payments in December 2016, if the monthly rule applies. plan participants, but they needn’t be traditional prorata plans, as illusJanuary 31 All businesses. Give annual information statements (Forms 1099)profitto trated in example 1. Instead, recipients of certain payments you made during 2016. Payments that are sharing plans may be structured to covered include: (1) compensation for workers who are not considered put a greater percentage of comemployees, (2) dividends and other corporate distributions, (3) interest, (4) rents, (5) royalties, (6) profit-sharing distributions, (7) retirement pensation in the accounts of certain GRADE 8 plan distributions, (8) original issue discounts, (9) prizes might and awards, employees. Such a plan result NUTS & BOLTS (10) medical and health care payments, (11) debt cancellations (treated in a contribution of around $8,000 as payment to debtor), (12) payments of Indian gaming profits to tribal $2,500 to the for members, and (13) or casheven payments over $10,000. There account are different forms BUCKET TEETH for different types ofBarb, payments. earning $50,000, while Doris, BUCKET LIPS Employers. Give your employees their copies ofstill Formgets W-2 for$50,000 2016. earning $250,000, contributed to her account. These For nonpayroll taxes, file Form 945 to report income tax withheld BUCKETS for 2016 on all nonpayroll items, such as back-up withholding andplans sophisticated profit-sharing withholding on pensions, and IRAs. mustannuities, be constructed with care, to CHAIN SLINGS comply with federal rules.

BACKUP BELLS AND ALARMS

GENALCO inc. 1-877-436-2526 55 years of service to New England Industry Needham Heights, MA FAX 781-449-6643

JANUARY, 2017

So. Boston, MA FAX 617-268-1290

Springfield, MA FAX 413-781-3771

TAX CALENDA

Nuts and Bolts

For Social Se the fourth quar liability is less the tax for the the return.

For federal un your undeposit or deposit it. If already deposit February 10 to

FEBRUAR February 15

All businesses recipients of cer covered include in broker and ba

Employers. Fo nonpayroll with monthly rule ap

Individuals. If year on the For W-4 to continu

February 16

Employers. Be who claimed ex new Form W-4

The CPA Client Bulletin (ISSN 1942-7271) is prepared by AICPA staff for the clients of its members and other practi be acted upon without professional advice. Copyright © 2017 by the American Institute of Certified Public Accounta JD, Editor. For AICPA customer service, call 888.777.7077 or visit www.aicpastore.com.

4 West Haven, CT Warwick, RI FAX 203-934-2580 FAX 401-736-9769

Participation in a profit-sharing plan typically must be offered to all employees age 21 or older continued on page 63

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Connecting people, commerce and communities.

Our approach to building roads is a little different. For us, itâ&#x20AC;&#x2122;s not just about making asphalt and paving roads. We promise excellence. Itâ&#x20AC;&#x2122;s that simple. Palmer Paving Corporation, Inc â&#x20AC;&#x201D; palmerpaving.com 25 Blanchard Street Palmer, MA 01069 413-283-8354

23 Arthur Street Easthampton, MA 01027 413-527-6906

43 Old Coldbrook Road Barre, MA 01005 413-283-8354

1000 Page Boulevard Springfield, MA 01104 413-737-4020

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Financial Management continued from page 61 who worked at least 1,000 hours in a previous year. Employer contributions may vest over time, according to a plan’s specific terms. Annual filing of IRS Form 5500 is required. Withdrawals generally will be permitted at retirement, plan termination, and perhaps at other times, such as after age 591⁄2. Distributions will be taxed. A profit-sharing plan may permit loans and hardship withdrawals, but withdrawals before age 591⁄2 may trigger income tax plus an additional tax of 10%. Reprinted from CPA Client Bulletin. n

read custom soils 888-475-5526

www.readcustomsoils.com CU Structural SoilsTM roofliteTMcertified media Rain Garden Soils Sand-based Soils Fiber-reinforced Soils Stabilized Paths

Crushed Stone & State Specified Dense Graded Base Manufacturer & Installer of Bituminous Concrete Products:

M.B.S. Construction Services/Paving Holden Trap Rock Co. 2077 N. Main Street (Route 122 A) Holden, MA 01520 Tel: 508-829-5353 Fax: 508-829-9346

JANUARY, 2017

Berlin Stone Co. 332 Sawyer Hill Rd. (off Rt. 62 & 495) Berlin, MA 01503 Tel: 978-838-9999 Fax: 978-838-9916

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 63 56 “BUY FROM THE ADVERTISERS IN CONSTRUCTIO

E.H. Perkins Construction, Inc. & Subsidiaries P.O. Box 301, Wayland, MA 01778 (508) 358-6161 • (781) 890-6505

-PLANT LOCATIONSQUINN-PERKINS S & G CO. Burlington (781) 272-0200 PANDOLF-PERKINS CO. Sterling (978) 422-8812 • (800) 339-3389 KANE-PERKINS CO. Hudson (978) 562-3436 • (800) 287-3436 GRAVEL • SAND • STONE FILL AND LOAM BITUMINOUS CONCRETE (PAVING) READY-MIX CONCRETE PRECAST CONCRETE PRODUCTS

Equal Opportunity/Affirmative Action Employer

Advertisers’ Index APJ Equipment Corp..................................................... 63 ATS Equipment, Inc. ...................................................... 4 Acme Shorey Precast Co., Inc...................................... 34 Aggregate Industries - N.E. Region.............................. 29 American Shoring, Inc.................................Ins. Back Cvr. Boro Sand & Stone Corp.............................................. 52 Dennis K. Burke, Inc..................................................... 47 C&S Insurance Agency................................................. 22 Concrete Systems, Inc.................................................. 46 Dagle Electrical Construction Corp............................... 36 Darmody, Merlino & Co., LLP........................................ 21 Dedham Recycled Gravel............................................. 50 DeSanctis Insurance Agency, Inc. ............................... 54 Diesel Direct, Inc........................................................... 52 Dig Safe System, Inc..................................................... 54 The Driscoll Agency ..................................................... 17 EJ.................................................................................. 42 Eastern Pipe Service, LLP............................................ 58 Eastern States Insurance Agency, Inc.......................... 48 Eastpoint Lasers, LLC....................................................11 T. L. Edwards, Inc.......................................................... 45 Ferguson Waterworks................................................... 13 Genalco, Inc.................................................................. 61 GEOD Consulting, Inc................................................... 55 L. Guerini Group, Inc..................................................... 60 HD Supply Const. & Industrial White Cap.................... 32 HD Supply Waterworks................................................... 2 A. H. Harris Construction Supplies............................... 37 Hinckley Allen LLP........................................................ 24 JESCO.......................................................................... 19 P. J. Keating Company.................................................. 26 P. A. Landers, Inc.......................................................... 25 Lawrence-Lynch Corp................................................... 60 Lorusso Corp................................................................... 9 Lorusso Heavy Equipment, LLC................................... 20 MBO Precast, Inc.......................................................... 45 Mass Broken Stone Company...................................... 63 Milton CAT..................................................................... 38 Norfolk Power Equipment, Inc...................................... 62 North American Crane & Rigging LLC............................ 8 North East Shoring Equipment, LLC............................. 48 Ocean State Oil............................................................. 62 Palmer Paving Corp...................................................... 62 E. H. Perkins Construction Co., Inc.............................. 64 Podgurski Corp............................................................. 29 E. J. Prescott, Inc....................................... Ins. Front Cvr. Rain For Rent-New England......................................... 28 Read Custom Soils ...................................................... 63 Ritchie Bros. Auctioneers............................................. 57 Rodman Ford Sales, Inc............................................... 18 Rogers & Gray Insurance............................................. 40 Schmidt Equipment, Inc.....................................Back Cvr. Scituate Concrete Products Corp................................. 16 Scrap-It, Inc................................................................... 59 Shea Concrete Products, Inc. ........................................ 6 Smith Print..................................................................... 60 Southern Redi-Mix Corporation.................................... 56 Starkweather & Shepley Ins. Brokerage, Inc................ 50 Taylor Oil Company....................................................... 58 Ti-SALES, Inc. ................................................................ 7 Tonry Insurance Group, Inc.......................................... 52 United Concrete Products............................................. 56 United Rentals Trench Safety....................................... 14 Webster One Source..................................................... 10 C. N. Wood Co., Inc. .................................................... 12 Woodco Machinery, Inc................................................ 44

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JANUARY, 2017

from Design to Delivery American Shoring is the Leader in High Quality, ModularTrench Shoring A complete line of heavy duty and light weight aluminum or steel trench shoring is available for all your needs. Our staff is waiting for your call with professional advice to recommend the best specific product for your project. Field service support and supervision available with on site assembly and take down. Inquire about our Competent Person, Confined Space & OSHA 10 training classes. All systems are manufactured in the USA.

207 Lake Street, Newburgh, NY 12550

1.800.407.4674 www.americanshoring.com E-Mail us at

sales@americanshoring.com In New England

SALES • RENTALS • SERVICE REPAIRS • TRADE-INS RECERTIFICATION

American Shoring of Massachusetts, Inc.

226 Cherry Street Shrewsbury, Mass 01545

508-842-2822 Fax: 508-842-2824

Powerful and Proven Get more in a K Series-II. Got a material-handling app that demands extra agility and ability? There’s a John Deere K Series-II Loader for that. Built on the highly reliable platform of their predecessors, these models are loaded with even more customer-inspired productivity- and uptime-increasing features. John Deere PowerTech™ EPA Final Tier 4 (FT4)/EU Stage IV diesels provide generous displacement, power, and lugging ability. Daily checks and maintenance access are even easier. And all new K Series-II Loaders come with a standard ﬁve-speed transmission, a new adaptive clutch cutoff, and new axles with brake retractors that will improve productivity while providing up to 10-percent fuel savings compared to previous K-Series models.

www.SchmidtEquipment.com 5 Locations Serving MA & RI 508-987-8786