A publication of the Utility Contractors’ Association of New England, Inc.
JULY, 2014
Is Massachusetts on the Cusp of Infrastructure Revitalization?
• Our A ging Water Infrastructure is Buried, But Must Not Be Forgotten • Recent Decision P rovides Guidance on No Damage for Delay Clauses and Waiver Issues
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IN THIS ISSUE
OFFICERS President AL MORTEO FED. CORP. President Elect TONY BORRELLI Celco Construction Corp. Treasurer JOHN OUR Robert B. Our Co., Inc. Secretary PAUL SCENNA Albanese D&S, Inc.
BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. JEFF BARDELL Daniel O’Connell’s Sons, Inc. VINCENT BARLETTA Barletta Heavy Division NICK BIELLO J. D’Amico, Inc. KEVIN COLE J. F. White Contracting Co. STEVE COMOLETTI P. Caliacco Corp. STEPHEN J. CONNOLLY ATS Equipment, Inc. MAUREEN DAGLE Dagle Electrical Const., Corp. THOMAS DESCOTEAUX R. H. White Const. Co., Inc. ALEX DUNN Travelers JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. MARCO GIOIOSO P. Gioioso & Sons, Inc. BILL IRWIN C.J.P. & Sons Const. Co., Inc. PHIL JASSET Honorary Board Member RICHARD PACELLA, JR. R. M. Pacella, Inc. BRIAN RAWSTON J. Cashman, Inc. KENNETH STEVENS A. H. Harris & Sons, Inc. DAVID ZOPPO R. Zoppo Corp.
KLAYMAN ANNE Executive Director
3 President’s Message:
Is Massachusetts on the Cusp of Infrastructure Revitalization?
5 Legislative Update:
• House Passes Water Infrastructure Legislation; Sets up Potential Conference Committee • Conference Committee Report of the Fiscal Year 2015 Budget Released • Massachusetts Becomes the State with the Highest Minimum Wage in the Country • Town of Arlington to Hold the Line on Water and Sewer Rates • Patrick Administration Orders Rebates from Certain Health Insurers to Small Businesses
15 Legal Corner:
Recent Decision Provides Guidance on No Damage for Delay Clauses and Waiver Issues
22 Our Aging Water Infrastructure is Buried, But Must Not Be Forgotten 27 Help Wanted: MAAPA Director 28 MWRA Annual Water Quality Report...Test Results Confirm Water Quality is Excellent 39 Boston Water and Sewer Commission Wins “Best of the Best” Tap Water Taste Test 41 Signed Sewer Accord Will Let Foxboro Sell Unused Wastewater Treatment Capacity 43 Save the Date...UCANE’s 60TH Gala Banquet 45 Benefits & HR Strategies:
Plan Sponsor Best Practices Update & Plan Participant Survey Results
55 Financial Management:
• Be Sure About Rental Car Insurance • Deductions for Dining Out • Tax-Free Income From Renting Your Home
Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Al Morteo Editorial Board: Al Morteo, Tony Borrelli, John Our, and Paul Scenna 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; E-mail: 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 Abington, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.
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Is Massachusetts on the Cusp of Infrastructure Revitalization? During the first half of this year, cities and towns across Massachu‑ setts have reported an unusually large number of water and sewer main breaks. There have been a number of reasons given, but the most ob‑ vious reason is that the infrastructure in our urban communities has reached or exceeded their life expectancy which is based on many cri‑ teria, including the type of pipe installed and the type of soil in which the pipe is buried.
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example of the magnitude of the pipe break problem was reported on January 21 of this year by TV station WGGB in Springfield, which headlined their news segment with the title “Water Main Breaks on the Rise.” The reporter tried to explain the reason for the breaks and began by saying, “As temperatures dropped, there were three (Springfield) water main breaks today.” Whether the public is told the breaks are caused by changing temperatures, or the more accepted reason, that some pipes in our larger cities are 80 to 100 years old, the fact remains that action needs to be taken soon to correct the problem. In the short term the public will accept these simple explanations for flooding of streets and highways and the interruption of water services to residential homes and commercial businesses. But, as the breaks become more frequent the public will demand a long-term solution. And, while the public, DPW heads, and elected officials can agree that something needs to be done, fiscal issues are still the major obstacle to getting the job done. Municipalities, most of which are facing budgetary and financial problems, are also dealing with crisis situations as best they can. However, the approach
JULY, 2014
they are taking now is the same one they’ve taken in the past…dig up the street or highway and replace the section of cracked pipe, or in other words…fix it with the “Band-Aid” approach. It’s the easiest and least costly approach to resolving the immediate problem. While the “Band-Aid” approach may have been acceptable when pipes were within their life expectancy, it is not the responsible approach when pipe has exceeded its life expectancy. What you end up with is either a newly paved road or highway covering a continued on page 53
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Mark Molloy, Esq., Lynch Associates, Inc.
House Passes Water Infrastructure Legislation; Sets up Potential Conference Committee
T
he Massachusetts House of Representatives passed their version of the Massachusetts Senate’s water infrastructure legislation at the end of June. House Bill 4229, which has strong similarities to Senate Bill 2021, was passed on a 146-0 vote. The legislation includes key provisions expanding the Water Pollution Abatement Trust’s (WPAT), soon to be renamed the Clean Water Trust, ability to provide more interest free loans and, potentially, principle loan forgiveness. Although expanding the WPAT’s loan threshold, the legislation does not provide more funding through the contract assistance line-item. The legislation also requires the Massachusetts Department of Environmental Protection to develop guidelines and policies delineating best management practices for municipalities and regional water authorities (i.e., asset management, full cost pricing, capital planning, etc.). As well, the House legislation provides funding for technical assistance grants and pilot programs governing the use of new water technologies. While the House legislation resembled the Senate legislation in many respects, the House version contained four significant differences. First, the House legislation does not include the controversial “water banking” proposal, which allows municipalities to charge a
water usage fee against developers looking to build projects within the municipality. Second, the House legislation omits any reference to language governing “irrigation” equipment. Third, the House legislation establishes a new commission charged with improving the coordination among utilities and awarding authorities to prevent duplicative efforts when undertaking underground work (i.e., planning a water project after just completing a pavement project in the same location). Fourth, the House legislation, in an acknowledgement that the Commonwealth’s water infrastructure needs will be ongoing, creates an advisory council to review the state’s progress in improving water infrastructure. With the differences between the House and Senate legislation being significant enough, it is likely the legislation will be resolved through a conference committee, which is made up of three members (two from the majority party, one from the minority party), who will be charged with reconciling the two bills. At the time of this writing, no conference committee has been appointed. To review the House and Senate filings, please visit: (House) www.malegislature.gov/ Bills/188/House/H4229/History and (Senate) www.malegislature.gov/Bills/188/Senate/S2021/History. continued on page 7
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Legislative Update continued from page 5
A
Conference Committee Report of the Fiscal Year 2015 Budget Released
s first reported in the State House News Service, House and Senate leaders reached a compromise on a $36.5 billion state budget two days short of the new fiscal year. The budget accord, which is not subject to amendment, includes $18 million in new funds for substance abuse prevention education and treatment programs, including $10 million for a new trust fund that lawmakers said would provide services for 10,000 residents addicted to drugs. House and Senate lawmakers also provided $15 million in new spending into early education to reduce wait lists for low-income families, and adopted many of the policy recommendations made by the Child Welfare League of America to reform the embattled Department of Children and Families. Of particular note to UCANE members, the conference committee funded the Commonwealth Rate Relief Program at $1.1 million. While contract assistance stayed at approximately $63 million, the Massachusetts Department of Environmental
Protection (DEP) saw a slight increase in funding to a little over $29 million. The conference committee report also included $200,000 for the Massachusetts Executive Office of Environmental Affairs to fund a new office of the State Climatologist. Accompanying language required a report on how said office or position would be started and, accordingly, how it could be continued in future budget cycles. Finally, the conference committee report included language requiring the DEP to develop regulations or guidance on the acceptable soil that may be used to fill sand pits or quarries located throughout the Commonwealth. At the time of this writing, the Governor has 10 days to approve, amend or veto the budget. It is anticipated that the Governor will approve a vast majority of the fiscal year 2015 budget proposal. Any vetoes or amendments of interest filed will be reported in next month’s legislative update. continued on page 9
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Legislative Update continued from page 7
Massachusetts Becomes the State with the Highest Minimum Wage in the Country
A
s reported by many media outlets on the local and national level, Governor Deval Patrick signed Senate Bill 2195, An Act Restoring the Minimum Wage and Providing Unemployment Insurance Reforms, at the end of June. The legislation raises the minimum wage to $11 per hour over three years, lowers unemployment insurance (UI) costs for many employers across the state, strengthens safety protections for workers and makes permanent the multi-agency task force charged with combating the underground economy. The legislation follows the Governor’s own call to raise the minimum wage and a well-organized ballot campaign that appeared headed to the November ballot. According to the Governor’s office, the bill signed will bring relief to many of the Commonwealth’s most vulnerable citizens, helping more than 800,000 Massachusetts wage earners, including tipped workers whose minimum pay will increase to $3.75 an hour by 2017. This is the first time tipped worker wages have been raised in the Commonwealth since 1999.
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In addition, the legislation reforms the state’s unemployment insurance system by freezing unemployment insurance rates for employers for three years and expanding the wage base subject to those rates to $15,000. The legislation also extends to three years the period the Massachusetts Department of Unemployment Assistance reviews an employer’s usage of unemployment insurance benefits, which also factors into determining employer premiums. As well, the legislation codified the Joint Task Force on the Underground Economy as a permanent investigative unit to combat the underground economy. Finally, the legislation extended federal health and safety protections for state workers. The Federal Occupational Safety and Health Act of 1970 (OSHA) established federal workplace safety standards and covers all private employees, but made it optional for states to extend these protections to their public employees. Twenty-six states opted to extend OSHA protections to state employees, but until this legislation, did not include Massachusetts. The Massachusetts Coalition for Occupational Safety & Health (MassCOSH) has been pushing for uniform safety standards to be adopted by the Commonwealth to protect its workers for some time. UCANE, working in unison with the Associated Subcontractors of Massachusetts, Construction Industries of Massachusetts, Associated General Contractors of Massachusetts, and the Associated Builders and Contractors-Massachusetts, was active in working to ensure that unemployment insurance reforms did not significantly harm the construction industry. continued on page 11
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Legislative Update continued from page 9
A
Town of Arlington to Hold the Line on Water and Sewer Rates
ccording to the Arlington Advocate, water and sewer bills for Arlington residents will not increase this year for the first time in several years. Officials from the Town of Arlington attributed the leveling of the water and sewer rates to certain key factors. In particular, water usage within the Town was 7.3 percent higher than they anticipated, resulting in greater revenue. Also, the cost assessment from the Massachusetts Water Resources Authority did not increase over last year. Finally, the percentage of water lost in Arlington’s pipes has been reduced through an active maintenance program. As part of a new billing mechanism, Arlington will now begin collecting bills quarterly, rather than twice a year. Town officials said the move will improve cash flow and will also make bills more manageable while allowing residents to
track their water use more carefully. The shift is also part of a plan to eliminate sewer fees for lawn irrigation beginning next summer by adopting a new formula. Under the new formula, sewer usage in the winter will be used to determine the amount of water typically used in a home. The town will then assume additional water usage in the warmer months for lawn care, and will not charge sewer fees. Residents will now have just 30 days to pay bills under the new quarterly billing system, rather than 60 days. Bills will be a bit higher in the first quarter, as the Town works to get everyone on the same billing period. As a result, the transition to the new billing methodology will produce a onetime bump of approximately $1 million in additional revenue. continued on page 13
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T
Patrick Administration Orders Rebates from Certain Health Insurers to Small Businesses
he Patrick Administration recently announced that individuals and small business employers in the Commonwealth will receive nearly $10.4 million in rebates from seven of the state’s health insurers according to the Massachusetts Division of Insurance (“Division”). The exact amounts of the 2013 rebates will be based on the carrier and plan that participants have purchased. The $10.4 million in rebates was determined by the Division in concert with the insurance carriers, in consideration of the amounts which carriers spent on administrative and other non-health costs. According to the Division, the rebates reflect a portion of the difference between what the insurance carriers charged in premiums and what they actually spent on healthcare costs in 2013. Under Massachusetts law, health insurers must have spent at least 90 percent of the dollars collected from premiums on medical costs. Insurers that spent less than this
amount are required to rebate part of the difference back to the individuals and small employer policy holders. Under the same law, rebates must be calculated within six months of the end of each calendar year. Individuals who purchase their own insurance and employers in the small group market which purchase insurance for their employees are eligible for rebates, which may be paid directly or credited toward the cost of future premiums. Not every Massachusetts insurer owed rebates. Those insurers that spent at least 90 percent of their premium dollars on claims payments are not part of the rebate process. The seven carriers paying rebates for 2013 are CeltiCare HMO, Fallon HMO, MEGA Life, Midwestern National Life, Neighborhood Health Plan, Tufts HMO, and United Health Care of New England. Customers of these carriers who have questions about rebates should contact the company directly. n
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Recent Decision Provides Guidance on No Damage for Delay Clauses and Waiver Issues In a recent decision arising out of a public construction project, the Superior Court held that the owner’s payment of part of a general contractor’s delay claim did not constitute a waiver of a no damage for delay clause as to a subcontractor. The Court determined that the payment to the general contractor was not a clear and complete waiver of the clause as to the general contractor, and, even if the payment constituted a partial waiver as to the general contractor, that partial wavier did not extend to the subcontractor’s claim. The Court’s decision makes clear that in order to establish that an owner has waived a no damage for delay clause, a contractor must show a specific intent by the owner to waive the clause as to that contractor. The case also provides guidance on two points concerning the effectiveness of partial releases: (1) general language purporting to exclude “outstanding change orders” will be ineffective to preserve a specific claim and (2) partial releases that are not required by the contract documents are unenforceable unless they are supported by consideration separate from the consideration set forth in the contract documents. JULY, 2014
The No Damage for Delay Clause and the Partial Waivers The relevant subcontract incorporated all of the contract documents, including the general contract, which contained a typical no damage for delay clause: [I]n the case of certain delays caused by the Authority, the Authority shall not be liable for any damages for delay, hindrance, or interruption and the Contractor’s sole and exclusive remedy shall be that the Contract Time shall be extended by Change Order …. As a prerequisite to receiving progress payments during the project, the general contractor required the subcontractor to sign partial releases purporting to release all claims arising out of the subcontract up through the date of payment requisition. The contract continued on page 17
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Legal Corner continued from page 15 documents did not require partial releases, but the subcontractor signed and submitted partial releases in connection with all of its requisitions.
The Delay Claims and the Partial Releases The project was delayed from the start – through no fault of the general contractor or subcontractor – and extensive delays continued throughout the project. In total, the project schedule was extended by 574 days. Both the general contractor and the subcontractor asserted delay claims based on labor and material escalation. The general contractor tied its escalation claim directly to the scope of work set forth in change orders approved by the owner for unforeseen surface conditions. The subcontractor’s escalation claim was not tied to any approved change orders. The general contractor asserted the two claims separately. The subcontractor attempted to preserve its rights with respect to its escalation claim by inserting exclusionary language into its partial releases. In each partial release, the subcontractor included handwritten notes to the effect that the releases did
“not waive or release … unpaid extras, (whether or not approved).” The owner approved part (and denied the rest) of the general contractor’s escalation claim, and denied the subcontractor’s escalation claim in full.
The Litigation Following the project, the general contractor and the owner settled all outstanding claims arising out of the project. The subcontractor was not a party to the settlement agreement. The subcontractor then initiated an action against the general contractor alleging that, by entering into the settlement agreement, the general contractor improperly released the subcontractor’s escalation claim. The general contractor defended by asserting that (1) the subcontractor waived its escalation claim by submitting the partial releases and (2) even if there was no waiver, the no damage for delay clause barred the subcontractor’s escalation claim (in other words, if the no damage for delay clause barred the subcontractor’s claim, the subcontractor was not “damaged” by the release of the claim). continued on page 19
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Legal Corner continued from page 17
Whether The Partial Releases Constituted a Waiver of the Escalation Claim The general contractor first argued that the partial releases constituted a waiver of all claims arising out of the subcontract up through the date of each requisition – including the escalation claim. The subcontractor argued that its handwritten notations providing that the releases did not apply to “all outstanding change orders” preserved the escalation claim. The Court determined that the handwritten notes were not sufficient to preserve the escalation claim because the notes only excluded “outstanding change orders or retainage.” In order to preserve the escalation claim, the subcontractor would have had to specifically identify the escalation claim in the handwritten notes.1 The Court then determined, however, that the partial releases were unenforceable because the contract documents did not require the subcontractor to submit partial releases in exchange for payment, and there was no separate consideration given by the general contractor in exchange for the obligation to submit partial releases. If the contract documents
had required partial releases as a prerequisite to payment, then the executed partial waivers would have been enforceable, and would have constituted a wavier of the subcontractor’s escalation claim. Because the contract documents did not require partial releases, however, and because the general contractor did not give any separate consideration to the subcontractor in exchange for the requirement to submit partial releases, the partial releases were unenforceable.Accordingly, the executed partial releases did not constitute a wavier of the escalation claim.
The Escalation Claim Having surpassed the general contractor’s waiver defense, the subcontractor next had to overcome the no damage for delay clause and show that it would have been entitled to recover its escalation costs from the owner if the general contractor had not released that claim in the settlement. The subcontractor argued that the no damage for delay clause was unenforceable because the owner waived the clause by paying the general contractor for a portion of the general contractor’s escalation claim. continued on page 21 The subcontractor did include a specific reference to its escalation claim on one of the final partial release that it submitted.
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JULY, 2014
Legal Corner continued from page 19
this case showed that the owner consistently denied the subcontractor’s escalation claim throughout the project – even as it “softened its position” with respect to the general contractor’s escalation claim.
Conclusion This case provides a number of impor‑ tant takeaways for contractors: • Partial releases may be determined to be unenforceable if they are not required by the underlying contract documents. • If contract documents do not require partial releases, they must be sup‑ ported by consideration separate from the consideration set forth in the contract documents. • Contractors must identify any claims they seek to preserve in releases clearly and specifically. Otherwise, they risk inadvertently waiving claims they sought to preserve. • In order to establish the waiver of a no damage for delay clause, a contractor must provide evidence showing a clear and unequivocal intent by the owner to waive the clause as to the contrac‑ tor. Absent such evidence, courts are unlikely to find that a no damage for delay clause has been waived. n
In determining this issue, the Court noted that the waiver of a contractual right must either be explicit or based on conduct that clearly and unequivocally indicates that the party intended to waive its rights. Based on this standard, the Court first found that the owner did not “clearly and completely” waive the no damages for delay clause as to the general contractor because the owner paid only a portion of the general contractor’s escalation claim. Instead of unequivocally waiving the no damage for delay clause in full, the owner merely “softened its position” with respect to the general contractor’s escalation claim, likely in an effort to maintain a harmonious relationship with the general contractor. The Court also noted that the owner “apparently viewed” the general contractor’s and the subcontractor’s escalation claims differently because the general contractor’s claim was tied directly to the scope of work set forth in approved change orders, while the subcontractor’s claim involved only delay damages. The Court next determined that even if the payment of part of the general contractor’s escalation claim constituted a partial waiver of the no damage for delay clause, that partial waiver would extend only to the general contractor. In Call Your Nearest GENALCO Warehouse order to establish a waiver as to its For These Supplies HYDRAULIC GRADE 8 delay claim, the subcontractor was STROBE LIGHTS OIL NUTS & BOLTS WEATHER CAPS required to demonstrate a clear AIR CLEANERS and unequivocal intent by the ownGREASE FITTINGS BUCKET TEETH er to waive the no damage for deHYDRAULIC HOSE BUCKET LIPS lay clause as to the subcontractor. EQUIPMENT PAINT As an example, the Court citBUCKETS ed a case in which a waiver to a CUTTING EDGES plumbing subcontractor was esCHAIN SLINGS tablished because the owner paid BACKUP BELLS AIR, OIL & FUEL the delay claims of both the genAND ALARMS FILTERS EXTREME ROTARY eral contractor and the electrical PRESSURE GREASE ASPHALT CUTTERS subcontractor, and also sent letGENALCO inc. 1-877-436-2526 ters stating an intent to consider 55 years of service to New England Industry Needham Heights, MA So. Boston, MA Springfield, MA West Haven, CT Warwick, RI the plumbing subcontractor’s delay FAX 781-449-6643 FAX 617-268-1290 FAX 413-781-3771 FAX 203-934-2580 FAX 401-736-9769 claim. In contrast, the evidence in
JULY, 2014
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
21
STAN FORMAN PHOTO COURTESY WCVB/WCVB.COM
A Boston Public Works truck gets stuck in a sinkhole on Washington Street due to a water main break in January.
Our Aging Water Infrastructure Is Buried,
W
But Must Not Be Forgotten
ith shrinking resources at the federal level, it’s clear that state and local governments need to become more innovative and collaborative to protect and improve the quality of life for the people we serve. As we engage in important conversations about how to allocate and prioritize resources, it’s crucial that water infrastructure, both investments and reforms, be at the top of the list.
BY JAMIE ELDRIDGE AND CAROLYN DYKEMA
With the establishment of the Water Infrastructure Finance Commission in 2010, Massachusetts joined the national conversation about how to sustain water infrastructure that provides safe, affordable water to residents, protects the environment, and allows for economic growth. The commission, which we chaired, built consensus on proposals WKDW DGGUHVV ORQJVWDQGLQJ DQG VLJQLÀcant concerns about the condition of
Sen. Jamie Eldridge represents the Middlesex and Worcester District in the Massachusetts Senate, and Rep. Carolyn Dykema represents the Eighth Middlesex District in the Massachusetts House.
our water infrastructure and its ability to meet our current needs and the needs of future generations. The commission’s recommendations were clear and strong: We need to take action and make real progress. It’s crucial that state and municipal leaders from across Massachusetts be ready to act on legislative proposals and local initiatives that begin to address this “hidden” infrastructure that is so often taken for granted.
A Tipping Point
The Water Infrastructure Finance Commission conservatively estimates that an
“BUY FROMVol. THE IN CONSTRUCTION OUTLOOK” 1222 MUNICIPAL ADVOCATE 28,ADVERTISERS No. 1
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additional $200 million per year over the next twenty years—combined with local rate increases—is needed to repair the aging water systems in Massachusetts. This is consistent with a recent U.S. (QYLURQPHQWDO 3URWHFWLRQ $JHQF\ ÀQGing that water systems across the nation need about $384 billion in capital investments through 2030. The largest portion of that—$247.5 billion—should go to replacing aging pipes. What does this mean for residents and municipalities? In some cases, the results of neglected infrastructure are immediate and urgent, such as burst water mains. Pick up a local newspaper and you’re sure to see the disruption these main breaks cause to homes and businesses. The price tag for these urgent repairs far surpasses the cost of regular maintenance, and if the age of our water infrastructure is any indication, burst pipes will be occurring with greater and greater frequency, placing immediate and disruptive demands on municipal budgets and staff. Long-term planning and investment is the most prudent and cost-effective solution. In other cases, the need for investment is about addressing a longer-term environmental issue, such as wastewater contaminants degrading oceans and surface waters, as is the case on Cape Cod. In yet other situations, it’s about turning away jobs because existing water infrastructure cannot support new development. Also on the horizon are new challenges that will require investments. Increasingly severe storm events will require that we better manage stormwaWHU WR SUHYHQW ÁRRGLQJ $QG DV D FRDVWDO state, we need to build more “resilient” infrastructure that can mitigate potentially devastating effects of severe storms like Hurricane Sandy. As local and state leaders, we need to do a better job educating our constituencies about this issue. Many people take water for granted, but polls also show that if concerns about access to or quality of water are brought to their attention, they will respond. One of the best stories we’ve heard is of a public works chief who brought a corroded water main to town meeting. Once the community saw its condition, they then stood behind his request for additional investment.
JULY, 2014
The state and federal governments also need to be better partners with our communities, providing more funds for water infrastructure to those communities that are committed to investing in infrastructure locally.
Smart Investment
Solid planning and preparation go a long way toward getting the biggest value for the dollar, yet surveys of water districts across the state have shown a wide variation in efforts to manage, plan for, and pay for water infrastructure. Pending water infrastructure legislation would require the state to provide information to cities and towns about best practices along with funding for long-term capital planning, which is especially challenging for smaller communities, which don’t EHQHÀW IURP ÀQDQFLDO HFRQRPLHV RI VFDOH and often lack planning resources. Establishing an enterprise or similar set-aside fund should be the standard for communities to save for water investments over the long term. The set-asides should be increased gradually for future investments while minimizing “rate shock”— large rate jumps that are burdensome and alarming to taxpayers. There is also room for improvement in coordinating investments. Legislators DQG ORFDO RIÀFLDOV DOLNH KHDU IUXVWUDWLRQ from constituents about newly paved roads that are dug up to repair underlying infrastructure. “Why isn’t there better coordination?” they ask. There should be. Providing municipalities with addiWLRQDO ÀQDQFLDO UHVRXUFHV WKDW ZLOO DOORZ for coordinated projects, combined with resources for better long-term planning, will go a long way toward maximizing the value of our investments. New technologies and new approaches to water management also hold the potential for more cost-effective water infrastructure. Pending legislation proYLGHV ÀQDQFLDO LQFHQWLYHV IRU WRZQV WR take a second look at these alternative infrastructure approaches, which could DOORZ XV WR UHDS WKH EHQHÀWV WKDW LQQRvative and environmentally friendly new water technologies can have on our pocketbooks as well as our planet. continuedononpage page 24 14 continued
Excerpts From Massachusetts’s Water Infrastructure: Toward Financial Sustainability 2012 REPORT OF THE WATER INFRASTRUCTURE FINANCE COMMISSION “Clean water is perhaps our most precious commodity and assuredly our most recycled resource. Our water supply, wastewater treatment, and stormwater management protect our health, keeping us safe from deadly waterborne diseases. The availability of high quality water is an important consideration for many businesses, including life sciences and manufacturing. A high-pressure water system allows us to put out fires, and healthy rivers, lakes and wetlands free from pollution are critical for a thriving natural environment. … “Our aging water infrastructure system suffers from a lack of investment, delayed maintenance and insufficient resources. Hundreds of miles of pipes are kept in service far past their useful life, leading to lost water and sewage through underground leaks and, in the worst case, water main breaks. … Many municipal treatment plants are in need of updating to meet current public health and environmental guidelines. … “A significant increase in spending above current levels will be necessary to maintain current levels of service and sustain necessary infrastructure growth. … “The public is often unaware of the true costs of fully supporting, operating, maintaining and investing in our water infrastructure. At the same time, consumers generally underestimate the value of water in protecting public health and safety, promoting economic vitality, creating jobs, and preserving our environment. … “The public and policymakers at all levels often misunderstand the consequences of failing to invest, from the high costs of deferred maintenance and emergency repairs to the missed opportunity to grow our economy by strengthening our infrastructure.”
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”Vol. 28, No. 1 2313 MUNICIPAL ADVOCATE
continued from page 23
Our Aging Water Infrastructure
Water Infrastructure Funding Gap
$40
Difference between current funding for the state’s water, wastewater and stormwater infrastructure and the amount of funding they actually need
Link to the Economy
35
Billions
30
18
25 20 15 10 5 0
18 10.2
11.2
Drinking Water
Clean Water
Stormwater
21.4
Total
Source: Water Infrastructure Finance Commission, 2012
Note: Estimates include capital investment, repair and replacement, operations, maintenance and debt service, but they do not include the cost of evolving regulatory requirements or investments to accommodate economic growth. The estimates, therefore, are more likely to understate the gap than to overstate it.
Tourism is a $16.5 billion industry in Massachusetts, providing 123,000 jobs and generating $1.1 billion in tax revenue. But many of our waterfront areas that attract tourists, from Cape Ann to Cape Cod, are at risk of being degraded because of insufÀFLHQW ZDVWHZDWHU GLVSRVDO LQIUDVWUXFWXUH The same is true for many lakes and ponds from Metrowest to the Berkshires. The state’s biotech industry, which attracts businesses and talent from all over the world, is heavily reliant on clean water and the infrastructure that brings it to and from their facilities. Investments in maintaining and expanding this infrastructure are not only critical to retaining the biotechnology companies that are currently here, but can be a competitive advantage LQ DWWUDFWLQJ QHZ ÀUPV WKDW QHHG ZDWHU and see Massachusetts as a water-rich state compared with the growing number of states in the South and West that face increasing water restrictions.
Recommendations of the Water Infrastructure Finance Commission 1. Increase funds available for water-related infrastructure at all levels. • Sustain current programs and investments at the state and federal level, including in particular state and federal contributions to the Water and Sewer State Revolving Funds. • Establish a new trust fund, to be funded annually at $200 million and used for a mixed program of direct payments to cities and towns, low-interest loans, and grants. • Create incentives for all communities, authorities and districts to use rate structures that reflect the full cost of water supply and wastewater treatment. 2. Reduce costs and find efficiencies. • Provide strong incentives for municipalities, districts and authorities to use best management practices. • Encourage enterprise funds for stormwater mitigation. • Encourage appropriate regional solutions, starting with management and technical assistance and followed where appropriate with system integration. • Encourage sustainable infrastructure. • Use a watershed approach when making funding decisions. • Encourage efficient water and energy use. • Encourage strategic public-private partnerships. • Require adoption of best management practices in applications for state revolving funds and other state grant loans. • Assist towns in the adoption of best management practices through changes in law, technical assistance and other incentives. 3. Assist municipalities, districts and authorities in retiring their existing debt • Commit to newly structured debt assistance program funded at $50 million to $60 million annually through the General Fund.
14 24 MUNICIPAL ADVOCATE Vol. 28, ADVERTISERS No. 1 “BUY FROM THE IN CONSTRUCTION OUTLOOK”
JULY, 2014
PHOTO COURTESY MWRA ADVISORY BOARD
State funding to support local infrastructure projects creates jobs and helps to prime the pump for expansion in an economy that seems to be emerging from recession. These jobs are across a broad spectrum, including construction, engineering, manufacturing and planning. As state revenues make a slow climb, what better way to invest these dollars than in job-creating projects that will serve as the foundation for even more robust future economic growth? A new initiative to build a water innovation cluster also holds promise for the expansion of the Massachusetts economy. A market survey of the global need for water infrastructure shows a growing demand for water technology, doubling the market potential of this industry to more than $960 billion over the next twenty years. With its remarkDEOH VFLHQWLĂ€F LQQRYDWLRQ DFDGHPLF DQG capital assets, Massachusetts is poised to meet the global need for new water infra-
structure solutions, while serving as a pilot location to solve many of our water challenges here at home. The challenges are many, but we know that Massachusetts is characteristically ready to meet them. Legislation that recently passed the Senate and is now in the House would be a big step forward. Working together, federal, state and municipal leaders can and must take continued action on our crucial water LQIUDVWUXFWXUH 7KH EHQHĂ€WV DUH PDQ\ not the least of which is the clean water legacy we will leave to our children. The Water Infrastructure Finance Commission report can be found at www.senatoreldridge.com/wp-content/ uploads/2010/11/WIFC_Report.pdf.
Some pipes still in use in Massachusetts resemble this heavily corroded, four-inch cast iron water main, which was installed in 1894 and was recently removed from the Massachusetts Water Resources Authority system.
Cost challenges 1. Aging systems 2. Environmental and public health concerns 3. Lack of state control over Clean Water permits 4. Security and redundancy needs 5. Rising costs of energy, chemicals and labor 6. Inadequate water system efficiency 7. Cost of debt service
Revenue challenges 1. Declining state and federal aid 2. Rates that don’t cover full cost of service 3. Conservation reduces revenue 4. Affordability must be considered in setting rates Source: Massachusetts’s Water Infrastructure: Toward Financial Sustainability
(Reprinted with permission from the Municipal Advocate.) 4. Address the issue of affordability. • Identify creative ways to address affordability for municipalities and individual ratepayers. Measure their local contribution and commitment using a ratio of average household annual utility cost to the community’s median household income. • Consider making State Revolving Funds loan decisions more need-based by considering the median household income ratio in the selection criteria for loans, grants, interest rates and principal forgiveness. • Seek new federal and state support to address affordability concerns. 5. Promote environmental sustainability. • Encourage investments and regulations that are aligned with environmentally sustainable principles. • Increase regulatory flexibility to better direct funding to projects that deliver the highest public benefit. 6. Promote innovation. • Allocate resources for programs that mitigate the inherent risks in innovation by supporting pilot projects, proof-of-concept projects and new technology. • Provide technical assistance to communities interested in innovative approaches. • Reduce regulatory barriers to innovation. • Implement alternative analyses that put innovative solutions on an equal footing with traditional approaches. • Consider ways to facilitate regulatory compliance and reduce third-party litigation to address the economic risk of pilot innovative projects. • Invest in Massachusetts as a hub of innovation in the field of water, wastewater and stormwater management and technology. • Harness the state’s educational strengths to train engineers, scientists, researchers and workers to be at the forefront of innovative water management. 7. Continue the work of the Water Infrastructure Finance Commission. • Fund an asset-based analysis of the gap between projected needs and revenues in order to provide a baseline of information on costs and investments in Massachusetts. • Invest in consumer education about the true costs and value of our water infrastructure.
JULY, 2014
MUNICIPAL ADVOCATE “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK�Vol. 28, No. 1 25 15
“Nationally Ranked First-Tier in the Litigation-Construction category by U.S. News & World Report and Best Lawyers”*
U.S. News and Best Lawyers considered more than 10,000 law firms in 170 metropolitan locations *Source: U.S. News Media Group and Best Lawyers
Many thanks to our clients, peers and friends whose comments contributed to our being awarded a first-tier national ranking in the Litigation-Construction category.
h i n c k l e y a l l e n . c om ALB AN Y
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PROV IDEN CE
Hinckley, Allen & Snyder LLP, Attorneys at Law
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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
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MAAPA Director MAAPA Director Job Advertisement MAAPAThe Director Job Advertisement Massachusetts Aggregate and Asphalt Pavement Association (MAAPA) is seeking a qualified individual for the role of MAAPA Director to represent and manage our association, along with the current Board of
nd Asphalt Pavement Association (MAAPA) is seeking a qualified individual Directors and our existing membership. A desired candidate for this position should process a bachelor’s represent and manage our association, along with the current Board of degree in a related discipline and have a minimum of 5 years’ experience in the aggregate and asphalt ership. A desired candidate for this position should process a bachelor’s pavement industry. In addition to a solid technical background in the industry, this candidate should possess have a minimum of 5presentation years’ experience in the aggregate asphalt excellent and rapport-building skillsand as the advocate for our industry and membership in multiple a solid technical background in the industry, this candidate should possess venues. rt-building skills as the advocate for our industry and membership in multiple Additional qualifications, responsibilities and duties of this position would include:
• ofPossess knowledge aggregates, pavement materials, pavement design and construction, and related bilities and duties this position wouldininclude: construction specifications.
gregates, pavement materials, pavement design and construction, and related • Promote the benefits and use of asphalt pavements and related products to state, municipal, private s. specifiers and end users.
use of asphalt pavements and related products to state, municipal, private •
Develop and maintain professional relationships with contacts at MassDOT and other related agencies, municipalities and organizations that are responsible for the development of specifications as related to the work of our industry.
fessional relationships with contacts at MassDOT and other related agencies, ations that are responsible the development specifications related to municipalities to relate questions and • Meet withfor MassDOT, and otherofrelated agencies,asentities and provide input on behalf of the MAAPA membership.
other related agencies, entities and municipalities to relate questions and • Perform administrative responsibilities as related to the business of the MAAPA organization including the MAAPA membership. preparation of yearly operating budget, maintenance of all association records and meeting minutes, issuance and collection of yearly dues from association membership.
sponsibilities as related to the business of the MAAPA organization including • Schedule, and facilitate theand agenda and related information for all board and membership ating budget, maintenance of prepare all association records meeting minutes, meetings ofmembership. the MAAPA organization. yearly dues from association
• and Assist the Construction of Massachusetts (CIM) organization and staff as directed by the cilitate the agenda related informationIndustries for all board and membership Executive Director of CIM. rganization. Hours and salary are negotiable. Please respond to resume@massasphalt.com with a letter expressing your
dustries of Massachusetts (CIM) organization and staff as directed by the interest and your resume. . About our Organization:
Please respond to resume@massasphalt.com with a letter expressing your
The Massachusetts Aggregate and Asphalt Pavement Association (MAAPA) represents producers of aggregates and asphalt pavements and their associated industry partners in the Commonwealth of Massachusetts. Its members provide quality products and services to the industry and strive to provide a safe work place for their employees and are stewards of the environment.
nd Asphalt Pavement Association (MAAPA) represents producers of Massachusetts Aggregate and in Asphalt Pavement Association is an Equal Opportunity Employer. nts and their associated industry partners the Commonwealth of vide quality products and services to the industry and strive to provide a safe Qualified applicants will receive consideration without regard to race, color, religion, gender, sexual orientation, nd are stewards of the environment. disability, veteran status or national origin.
sphalt Pavement Association is an Equal Opportunity Employer.
onsideration without regard to race, color, religion, gender, sexual orientation, JULY, 2014 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” nal origin.
27
For a large print version, call 617-242-5323.
MWRA Annual Water Quality Report
www.mwra.com/02org/html/boardofdirectors.htm 617-788-1117 www.mwraadvisoryboard.com 617-788-2050 www.mwra.com/02org/html/wscac.htm 413-213-0454
MWRA Board of Directors MWRA Advisory Board Water Supply Citizens Advisory Committee
www.mwra.com www.mass.gov/dep www.mass.gov/dcr/watersupply.htm www.mass.gov/dph www.cdc.gov www.mwra.com/04water/html/testinglabs.html www.mwra.com/sourcewater.htm www.mwra.com/conservation.html
Massachusetts Water Resources Authority (MWRA) Massachusetts Dept. of Environmental Protection Department of Conservation and Recreation Massachusetts Dept. of Public Health (DPH) US Centers for Disease Control & Prevention (CDC) List of State Certified Water Quality Testing Labs Source Water Assessment and Protection Reports Information on Water Conservation
Public Meetings
617-242-5323 617-292-5500 617-626-1250 617-624-6000 800-232-4636 617-242-5323 617-242-5323 617-242-SAVE
Test Results Confirm Water Quality is Excellent The report also includes important information on how to reduce the risk of lead in drinking water. Although the water itself is lead-free, lead can get into tap water through home plumbing and even some brass water fixtures. System-wide, the MWRA has been below the Lead Action Level for the past ten years. Required under the federal Safe Drinking Water Act, the report is distributed to over 850,000 homes in the MWRA service area. Community-specific inserts also provide information about municipal water systems. The reports are being mailed through the end of June. Look for it in your mailbox. This report and the reports from the Partially Supplied Communities and the Chicopee Valley Aqueduct Communities are available at www.mwra.com. O relatório contém informações importantes sobre a qualidade da água da comunidade. Traduza-o ou peça a alguém que o ajude a entendê-lo melhor.
Where To Go For Further Information
This report is required under the Federal Safe Drinking Water Act. MWRA PWS ID# 6000000
Si usted desea obtener una copia de este reporte en españnol, llamenos al telefono 617-788-1190.
Im Bericht steht wichtige Information über die Qualität des Wassers Ihrer Gemeinschaft. Der Bericht soll übersetzt werden, oder sprechen Sie mit einem Freund, der ihn gut aversteht.
Massachusetts Water Resources Authority and Your Local Water Department
This report contains very important information about your drinking water. Please
La relazione contiene importanti informazioni sulla qualità dell’acqua della Comunità. Tra-durlo o parlarne con un amico che lo comprenda.
28
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
Im Bericht steht wichtige Information über die Qualität des Wassers Ihrer Gemeinschaft. Der Bericht soll übersetzt
Massachusetts Water Resources Authority and Your Local Water Department
This report contains very important information about your drinking water. Please translate it, or speak with someone who understands it.
The Massachusetts Water Resources Authority has begun mailing its Annual Water Quality Report to every household in its service area. For 2013, MWRA again met every federal and state drinking water standard. The hundreds of thousands of tests taken during the year confirm that the quality of MWRA’s water is excellent. MWRA hopes the report will encourage residents to drink local tap water and highlights its environmental benefits and low cost compared to bottled water. “Bottled water is convenient when you’re on the road and is a healthy alternative to sugary drinks,” said MWRA executive director Fred Laskey. “ButMetro at Boston/MetroWest less than penny a Report for Fully Supplied Communities gallon, tap water is the cleanest, safest, and most cost effective alternative.”
JULY, 2014
Dear Customer, Dear Customer, I am pleased to share with you the results of our water quality testing. MWRA takes hundreds of I am pleased to share with you the results of our water quality testing. MWRA takes hundreds of thousands of tests each year, and for 2013, we again met every federal and state drinking water thousands of tests each year, and for 2013, we again met every federal and state drinking water standard. standard. System-wide, we have been below the Lead Action Level for the past ten years. Please System-wide, we have been below the Lead Action Level for the past ten years. Please read your read the additional information from your city or town water department for more information on your community’s letter on page 4 for more information on your local water system. local water system. MWRA BOARD OF DIRECTORS Richard K. Sullivan, Jr., Chairman John J. Carroll, Vice-Chair Joseph C. Foti, Secretary Joel A. Barrera Kevin L. Cotter Paul E. Flanagan Andrew M. Pappastergion Brian R. Swett Henry F. Vitale John J. Walsh Jennifer L. Wolowicz
The big news this this year year isis that thatwe wehave havecompleted completedthe thestart-up start-upofofa anew newultraviolet ultraviolet (UV) disinfection facility The big news (UV) disinfection at the John J. Carroll Water Treatment Plant in Marlborough, improving the quality of the water facility at the John J. Carroll Water Treatment Plant in Marlborough, improving the quality ofdrinking the we deliver to you. drinking water we deliver to you. UV more potent potent form UV light light isis essentially essentially aa more form of ofnatural naturaldisinfection disinfectionfrom fromsunlight. sunlight.UV UVenables MWRA to inactivate the most difficult to the kill pathogens - which potentially be could in the source water - without enables MWRA to inactivate most difficult to killcould pathogens - which the use of additional chemicals any associated potentially be in the source waterand - without the use ofdisinfection additional by-products. chemicals andThe anyUV process and MWRA’s high quality source water allow MWRA to meet new regulatory requirements cost associated disinfection by-products. The UV process and MWRA’s high quality effectively. source water allow MWRA to meet new regulatory requirements cost effectively. Since 2005, your water has been treated with ozone - produced by applying an electrical current to Since 2005, your water has been treated with ozone - produced by applying an pure oxygen. Ozone has ensured strong protection against microbes and viruses, improves water electrical to puremade oxygen. has ensured strong protection against clarity, andcurrent has actually the Ozone water taste better. The addition of the UV to the ozone process microbes and viruses, improves water clarity, and has actually made the water provides additional assurance that any pathogens potentially in our reservoirs taste will be rendered better. The addition of the UV to the ozone process provides additional assurance harmless.
that any pathogens potentially in our reservoirs will be rendered harmless.
In addition, fluoride is added to promote dental health and the water chemistry is adjusted to reduce corrosion lead andis copper from home dental plumbing. Last, monochloramine, a mild to andreduce long- corrosion In addition,offluoride added to promote health andwetheadd water chemistry is adjusted lasting andLast, ammonia protect the water aasmild it travels through miles of lead disinfectant and copper combining from homechlorine plumbing. we addtomonochloramine, and long-lasting disinfectant of pipelineschlorine to your home. combining and ammonia to protect the water as it travels through miles of pipelines to your home. In and odor issues, ozone In aa few fewshort shortyears, years, water watertreatment treatmenthas hasgone gonefrom fromchlorine chlorinewith withitsitstaste taste and odor issues,toto ozone and and ultraviolet – with additional chemicals and disinfectionby-products. by-products. Just better, safer nownow ultraviolet – with no no additional chemicals and nono disinfection Just better, safer water. water.
hope you you will willtake takeaafew fewmoments momentstotoread readthis thisreport. report.We Wewant want you have same confidence II hope you to to have thethe same confidence wewe have in the water we deliver to over 2 million customers. Please contact us if you have any questions have in the water we deliver to over 2 million customers. Please contact us if you have any questions or comments about your water or comments about your waterquality, quality,ororany anyofofMWRA's MWRA'sprograms. programs. Sincerely,
Frederick A. Laskey Executive Director continued on page 31
JULY, 2014
MWRA Water System “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
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MWRA continued from page 29 The Department of Environmental Protection (DEP) has prepared a Source Water Assessment Program report for the Quabbin and Wachusett Reservoirs. The DEP report commends DCR and MWRA on the existing source protection plans, and states that our “watershed protection programs are very successful and greatly reduce the actual risk of contamination.” MWRA follows the report recommendations to maintain the pristine watershed areas using existing watershed plans.
Testing Your Water – Every Step of the Way
Where Does Your Water Come From? Your water comes from the Quabbin Reservoir, about 65 miles west of Boston, and the Wachusett Reservoir, about 35 miles west of Boston. These reservoirs supply wholesale water to local water departments in 51 communities. The two reservoirs combined supplied about 200 million gallons a day of high quality water to consumers in 2013. The Quabbin and Wachusett watersheds are naturally protected with over 85% of the watersheds covered in forest and wetlands. To ensure safety, the streams and reservoirs are tested often and patrolled daily by the Department of Conservation and Recreation (DCR). Rain and snow falling on the watersheds - protected land around the reservoirs - turn into streams that flow to the reservoirs. This water comes in contact with soil, rock, plants, and other material as it follows its natural path to the reservoirs. While this process helps to clean the water, it can also dissolve and carry very small amounts of material into the reservoir. Minerals from soil and rock do not typically cause problems in the water. But, water can also transport contaminants from human and animal activity. These can include bacteria and viruses - some of which can cause illness. The test data in this report show that these contaminants are not a problem in your reservoirs' watersheds.
Test results show few contaminants are found in the reservoir water. The few that are found are in very small amounts, well below EPA's standards. Turbidity (or cloudiness of the water) is one measure of overall water quality. All water must be below 5 NTU (Nephelometric Turbidity Units), and water can only be above 1 NTU if it does not interfere with effective disinfection. Typical levels at the Wachusett Reservoir are 0.3 NTU. In 2013, turbidity was below 1 NTU over 99.99% of the time, with the highest level at 1.17 NTU. This did not interfere with effective disinfection. MWRA also tests reservoir water for pathogens such as fecal coliform, bacteria, viruses, and the parasites Cryptosporidium and Giardia. They can enter the water from animal or human waste. No Cryptosporidium or Giardia was found in the water in 2013.
Test Results – After Treatment
Sodium Facts EPA and state regulations Sodium in water require many water quality tests contributes only a small after treatment to check the fraction of a person’s overall water you are drinking. sodium intake (less than 10%). MWRA conducts hundreds MWRA tests for sodium monthly of thousands of tests per and the highest level found was year on over 120 contami35.9 mg/L (about 9 mg per 8 oz. nants (a complete list is glass). This would be considered available on Very Low Sodium by the Food www.mwra.com). Details and Drug about 2013 test results are in Administration. the table below. The bottom line is that water quality is excellent.
Water Quality Test Results for 2013 Compound Barium Monochloramine Fluoride Nitrate^ Nitrite^ Total Trihalomethanes Haloacetic Acids-5 Total Coliform
(MCL) Highest (We found) Detected Range of (MCLG) How it gets Level-Average Detections Ideal Goal Violation in the water Units Level Allowed 2 ppm 0.008 Common mineral in nature 2 0.007-0.009 No 4-MRDL ppm 1.8 Water disinfectant 4-MRDLG 0.01-4.0 No 4 ppm 1.04 Additive for dental health 4 0.37-1.1 No 10 ppm 0.08 Atmospheric deposition 10 0.01-0.08 No 1 ppm 0.005 Byproduct of water disinfection 1 ND-0.005 No 80 ppb 10.1 Byproduct of water disinfection ns 3.0-13.9 No 60 ppb 9.0 Byproduct of water disinfection ns 1.4-13.2 No 5% % 0.5% (Nov) Naturally present in environment 0 ND-0.5% No
KEY: MCL=Maximum Contaminant Level. The highest level of a contaminant allowed in water. MCLs are set as close to the MCLGs as feasible using the best available technology. MCLG=Maximum Contaminant Level Goal. The level of contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety. MRDL=Maximum Residual Disinfectant Level. The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants. MRDLG=Maximum Residual Disinfectant Level Goal. The level of a drinking water disinfectant below which there is no known or expected health risk. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contamination. ppm=parts per million ppb=parts per billion ns=no standard ^As required by DEP, the maximum result is reported for nitrate and nitrite, not the average. continued on page 33
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MWRA continued from page 31 Tests in Community Pipes MWRA and local water departments test 300 to 500 water samples each week for total coliform bacteria. Total coliform bacteria can come from the intestines of warm-blooded animals, or can be found in soil, plants, or other places. Most of the time, they are not harmful. However, their presence could signal that harmful bacteria from fecal waste may be there as well. The EPA requires that no more than 5% of the samples in a month may be positive. If a water sample does test positive, we run more specific tests for E.coli, which is a bacteria found in human and animal fecal waste and may cause illness. No E.coli was found in any MWRA community in 2013. If your community found any total coliform, it will be listed 35. within the community letter on page 4.
Research for New Regulations MWRA has been working with EPA and other researchers to define new national drinking water standards by testing for unregulated contaminants. To read more about this testing, and to see a listing of what was found, please visit www.mwra.com/UCMR/2013.html.
Drink Local and Be Green Tap water is delivered straight to your home without trucking or plastic waste. Bottled water produces over 10,000 times the amount of greenhouse gases compared to tap water. Half of our energy needs for water and wastewater treatment are met with green power including hydro-energy, wind turbines, and solar panels. Drink local! Drink tap water! Be green!
Contaminants in Bottled Water and Tap Water Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline (1-800-426-4791) or MWRA. In order to ensure that tap water is safe to drink, the Massachusetts DEP and EPA prescribe regulations which limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration (FDA) and the Massachusetts Department of Public Health regulations establish limits for contaminants in bottled water which must provide the same protection for public health.
Information About Cross Connections Massachusetts DEP recommends the installation of backflow prevention devices for inside and outside hose connections to help protect the water in your home as well as the drinking water system in your town. For more information on cross connections, please call 617-242-5352 or visit www.mwra.com/crosscon.html.
Your Tap Water – Award Winning and Affordable! In 2013, we won New England’s Best-Tasting water award from the New England Water Works Association and the National Sustainability Award from the American Council for an Energy-Efficient Economy. Great tasting, green, and also cheap! Tap water costs less than a penny per gallon delivered straight to your home, while bottled water can cost from $1 to $8 a gallon. Make the smart choice and drink tap water.
Drinking Water and People with Weakened Immune Systems Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the EPA's Safe Drinking Water Hotline (1-800-426-4791).
UV treatment units
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MWRA continued from page 33
City of Boston
Public Water Supply # 3035000
BOSTON WATER AND SEWER COMMISSION
Dear Customer: This report contains an annual update on the quality of drinking water supplied to you by Boston Water and Sewer Commission (BWSC), in partnership with Massachusetts Water Resources Authority (MWRA). BWSC purchases water from MWRA for distribution to homes and businesses within the City of Boston. Within this report, there is detailed information on the MWRA’s system, and how the water delivered to Boston meets both federal and state testing guidelines. BWSC strives to provide our customers with the best possible water through maintaining a reliable water system. To achieve this, BWSC rehabilitates and replaces old pipes, which reduces the occurrences of water main breaks and leaks. Routine maintenance, an aggressive leak detection program, and the replacement of hydrants and valves also improve overall system efficiency. EPA requires that no more than 5% of samples in a month may be positive for total coliform. BWSC and MWRA test over 60 samples each week for total coliform. Boston had positive results in only 1.9% of samples during September of 2013; however, all follow-up samples were clear. BWSC continues to be concerned about the presence of lead in tap water and vigilantly monitors lead levels in our drinking water. We test twenty-five homes once a year, and we are pleased to report that since 2007, the Boston lead sampling results have remained below the EPA Lead Action Level of 15 ppb. In 2013, the test results were 10.7 ppb at the 90th percentile. BWSC continues its efforts to replace lead service lines, thereby improving overall water quality. Please forfor more information about lead in tap water. Pleasesee seePage page537 more information about lead in tap water. Although private lead service lines represent less than 4% of BWSC’s service connections, BWSC continues to provide the Lead Replacement Incentive Program, which offers owners of eligible properties the opportunity to replace private lead service lines. This program offers homeowners financial assistance to offset a portion of the total cost of the lead service replacement. For more information about this program, contact the BWSC Lead Hotline at (617) 989-7888 or visit our website at www.bwsc.org. In addition to providing high quality drinking water, BWSC is concerned with improving the quality of stormwater in Boston. As stormwater runs over streets and sidewalks and into storm drains, it can become polluted. Although BWSC has a major role in improving stormwater quality, we cannot meet this goal without assistance from Boston residents. Remember to pick up after your pet, do not put pet waste into catch basins, and keep storm drains on your street clear of trash and debris. Don’t dump chemicals or auto fluids into catch basins and report any illegal dumping to Boston Water and Sewer Commission. Following these tips will reduce the amount of pollutants that enter the storm drain system, which leads directly into Boston’s waterways. Any questions regarding the information in this letter may be directed to BWSC’s Communications and Community Services Department at (617) 989-7000.
Henry F. Vitale Executive Director/CFO and Treasurer
continued on page 37
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MWRA continued from page 35 What You Need to Know about Lead in Tap Water MWRA water is lead-free when it leaves the reservoirs. MWRA and local pipes that carry the water to your community are made mostly of iron and steel and do not add lead to the water. However, lead can get into tap water through pipes in your home, your lead service line, lead solder used in plumbing, and some brass fixtures. Corrosion or wearing away of lead-based materials can add lead to tap water, especially if water sits for a long time in the pipes before it is used. In 1996, MWRA began adding sodium carbonate and carbon dioxide to adjust the water's pH and buffering capacity. This change has made the water less corrosive, thereby reducing the leaching of lead into drinking water. Lead levels found in sample tests of tap water have dropped by almost 90% since this treatment change.
Important Information from EPA about Lead If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. MWRA is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. If your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline at 1-800-426-4791 or www.epa.gov/safewater/lead.
MWRA Meets Lead Standard in 2013 Under EPA rules, each year MWRA and your local water department must test tap water in a sample of homes that are likely to have high lead levels. These are usually homes with lead service lines or lead solder. The EPA rule requires that 9 out of 10, or 90%, of the sampled homes must have lead levels below the Action Level of 15 parts per billion (ppb). All 18 sampling rounds over the past ten years have been below the EPA standard. Results for the 452 samples taken in September 2013 are shown in the table. 9 out of 10 houses were below 6.3 ppb, which is below the Action Level of 15 ppb. Only two communities had more than one home test above the Action Level for lead. If you live in either of these communities, your town letter on 4 will provide you with more information. willpage provide you with more information.
September 2013 Lead and Copper Results
40 35
% Home (Target) (Ideal 90% Action Goal) Above AL/# Range Value Level MCLG Homes Tested Lead (ppb) Copper (ppm)
0-46.9 0-0.3
6.3 0.1
15 1.3
0 0
90th Percentile Lead Levels for MWRA Communities 2004-2013 (ppb)
30 25 20 15
8/452 0/452
10
KEY: AL=Action Level-The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow. 31. Definition of MCLG available on page 2.
14
14
Lead Action Level=15 13 8
8
9
5
7
7
8
0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
How do I reduce my exposure to lead in drinking water? Run the tap until after the water feels cold. To save water, fill a pitcher with fresh water and place in the refrigerator for future use.
JULY, 2014
Never use hot water from the faucet for drinking or cooking, especially when making baby formula or other food for infants.
Ask your local water department if there are lead service lines leading to your home.
6
Check your plumbing fixtures to see if they are lead-free. Read the labels closely.
Test your tap water. Be careful of Call the Department Call the MWRA places you may of Public Health at Drinking Water find lead in or near 1-800-532-9571 Hotline (617-242your home. Paint, or EPA at 5323) or visit our soil, dust and 1-800-424-LEAD website for more tips some pottery may for health and a list of DEP contain lead. information. certified labs that can test your water.
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Boston Water and Sewer Commission Wins “Best of the Best” Tap Water Taste Test Water Provider Secures Top Honor at American Water Works Association’s Annual Conference and Exposition It was a double victory on June 10 for MWRA tap water. In a taste test at the American Water Works’ Annual Conference and Exhibition, Boston’s tap water was awarded the title “Best Water in the Country.” The first place winner was the Boston Water and Sewer Commis‑ sion and second place went to the Massachusetts Water Resources Authority – both waters share the same source and are treated at the John Carroll Water Treatment Plant in Marlborough. The American Water Works Association announced Tuesday, June 10 that Boston Water and Sewer Commission of Boston, MA has won the tenth annual “Best of the Best” Tap Water Taste Test. Second place in the competition was given to another Boston, MA water utility – Massachusetts Water Resources Authority. The event, composed of regional winners from water-tasting competitions across North America, was held at AWWA’s Annual Conference and Exposition (ACE14) in Boston, MA. Boston is home to New England’s oldest and largest water and sewer systems, which are owned, maintained and operated by Boston Water and Sewer Commission. Established in 1977, BWSC continues to provide water and sewer services to more than one million people every day. Third place in the competition was given to the City of Kalama, Wash. The People’s Choice award winner, as determined by the conference attendees, also went to the City of Kalama, Wash. An esteemed judging panel rated each water system on its flavor characteristics. Judges included Roy Desrochers, sensory practice leader for GEI
JULY, 2014
MWRA Executive Director Frederick Laskey & BWSC Executive Director Henry F. Vitale Consultants, Inc.; James Naylor, project manager at Alan Plummer Associates; Matt Tolcher, senior project manager with Jacobs; and Peter Howe, business editor for New England Cable News. This is the tenth year AWWA has held the national competition. Previous winners are Oklahoma City Water and Wastewater Utility (2007 and 2013), Fremont, NE (2012), Greenville, SC (2011), Stevens Point, WI (2010), Macon (GA) Water Authority (2009), Louisville (KY) Water Company (2008) and Illinois American Water, Champaign District (2006 and 2005). ACE14, which has brought an estimated 11,000 water experts to Boston, is the longest running water conference in the world, having first convened in 1881. The event features several hundred expert presentations and an exposition of more than 500 companies showcasing the latest innovations in water technology. n
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Signed Sewer Accord Will Let Foxboro Sell Unused Wastewater Treatment Capacity By Frank Mortimer, Sun Chronicle Staff
A
fter years of planning, Foxboro as of today should have the ability to sell unused wastewater treatment capacity to local homes and businesses. The signing of an intermunicipal agreement by Foxboro, Mansfield and Norton this week clears the way for Foxboro to make available roughly 200,000 gallons per day in unused capacity in town, DPW director Roger Hill said Wednesday (June 25). "We haven't had capacity to sell for at least seven years," Hill said, adding that the agreement, known as an IMA, was seven years in the making. Foxboro officials have often said that the absence of new sewage disposal has hampered development, notably downtown, and has made it harder to sell such town-owned property as the old firehouse across from the Common. Some residents have dealt with failing septic systems because their "postage stamp" size lots do not qualify under Title V for a new system. Foxboro's board of water and sewer commissioners signed the IMA Monday night (June 23). Mansfield
was expecting to sign it on Wednesday (June 25); with Norton to sign tonight (June 26), Hill said. Town Manager Bill Keegan announced the completion of the three-town pact during Tuesday's (June 24) selectmen's meeting. Hill said Foxboro has a 630,000 gallon per day total capacity, some of which is owned by private businesses, but that on average roughly 450,000 gallons per day are actually used. In addition to freeing up the existing sewer capacity, Hill said, the signing of the intermunicipal agreement is a major step toward the eventual $29 million expansion of the treatment plant, which is located in Norton. That expansion, still years away in part because of the complexities of design and permitting, will add another 170,000 gallons per day to Foxboro's allowed sewer flow. Hill said water and sewer commissioners plan to pay for Foxboro's $5.25 million share of that plant expansion cost through the sale of capacity. Reprinted with permission from the Sun Chronicle. n
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Greg Lewis, AIF, MSF Senior Retirement Consultant Pinnacle Financial Group
Plan Sponsor Best Practices Update & Plan Participant Survey Results Investment Policy Statement (IPS) Review: Beyond the Obvious
T
he Employee Retirement Income Security Act of 1974 (ERISA) holds fiduciaries to a standard of prudence when making investment-related decisions for a qualified ERISA plan. The Department of Labor (DOL) and the courts have largely determined that said standard of prudence can best be determined by a fiduciary’s process, or procedures, used in making such decisions. Though a written Investment Policy Statement (IPS) is not explicitly required by ERISA, it is a best practice to create and update one to assist fiduciaries in making plan-related investment decisions. The DOL routinely requests a copy of a plan’s IPS during investigation and the courts have regularly looked to the terms of a plan’s IPS to determine if fiduciaries undertook a prudent process in making decisions on behalf of the plan. The language of an IPS can be a delicate matter. It must be neither too vague nor overly strict. A vague IPS creates no evidence of process. If a court of law cannot determine the actual steps being taken in determining fiduciary action, the IPS is virtually toothless. EXAMPLE: A client decided to remove the timing conventions for placing an investment on a watchlist and potentially removing a fund. During investigation the DOL requested and reviewed the client’s IPS. The investigator cited the plan for lack of discernible procedure in their IPS. In the investigator’s mind the plan essentially did not have a prudent process because there was no guidance regarding when a fiduciary was to take an action in regards to an investment offered by the plan.
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At the other end of the spectrum an overly strict IPS serves to limit the flexibility of the plan fiduciaries and may lead to unintended consequences. A strict IPS typically contains a word such as “must.” This word leaves little room for decision making on the part of fiduciaries. And if the plan ever, even for a moment, doesn’t meet one of the “must” requirements it is out of compliance with the terms of the IPS, a potential fiduciary breach. An overly strict, or overly detailed IPS may inadvertently set unavoidable traps for fiduciaries. EXAMPLE: The recent Tussey v. ABB case provides multiple examples of an overly strict/detailed IPS. The plan had adopted an IPS whose requirements were too easily violated. As a result, though the fiduciaries may have been practicing prudent processes, those processes were not reflected in the terms of their IPS. The court strictly construed the terms of the IPS and found that in multiple occasions the fiduciaries violated their duties by failing to follow the letter of their IPS. As a result we routinely review and edit our clients’ IPS to be reflective of a robust prudent process for making investment-related decisions for ERISA plans. The goal being that the IPS reflects a process that will lead to prudent investment choices for participants while simultaneously mitigating as much risk to fiduciaries as possible under the law. Ultimately each client’s IPS is their own document and should reflect the client’s fiduciary philosophies and goals. continued on page 47
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Benefits & HR Strategies continued from page 45
What Constitutes Proper Documentation of Retirement Plan Committee Meetings? With most retirement plans the fiduciary responsibility of selecting and monitoring the plan’s menu of investments is designated to a retirement plan investment committee. This committee usually includes financial officers and human resources officers of the employer. The committee meets periodically (anywhere from annually to quarterly) to consider agenda items including investment due diligence, fees and services of plan providers, status of plan goals, etc. From a fiduciary perspective it is just as important to properly document these meetings as it is to hold the meetings. Proper documentation serves as proof that the committee’s responsibilities are being prudently executed. Often plans question the degree of documentation necessary. Below are a few suggestions of what the retirement plan investment committee meeting minutes should include: • A listing of all parties present with identification of roles (committee member, guest, advisor, provider representative, attorney, accountant, etc.); • A description of all issues considered at the meeting: fund performance of investments offered, participant communication/education initiatives, plan demographic and provisional review, IPS review, market summary and other topics as appropriate to achieving and maintaining a successful plan; • Documentation of all materials reviewed during the meeting; • Documentation (typically in the form of meeting minutes) of all decisions made and the analysis and logic supporting each decision; and • Identification of any topics to be continued in subsequent meetings.
It is also prudent that plan sponsors document committee appointees and changes. A board resolution is suitable for that purpose. For further guidance on these or any plan sponsor best practices, contact your retirement plan consultant.
2013 Defined Contribution Plan Participant Survey A recent defined contribution plan participant survey illustrates participants' erroneous perception about retirement shortfall risk, with the results differing across generational lines:
Retirement Shortfall Risk Participants grossly underestimate what they need to retire. • The average amount participants estimate they will need to retire is just $515,000. • The typical participant expects to earn 8% annually, even though, on average, participants have a third of their assets in conservative investments. They also do not see the underperformance of their assets as a major risk to their retirement.
Participants have a long way to go. • On average, participants have just $84,000 saved for retirement, even though for the average participant retirement is just 21 years away. • Nearly half — 46% — still view their retirement assets as savings, not investments.
Women, in particular, may be underfunded. • On average, women have only $68,000 saved for retirement, and their shortfall may be even harder to overcome, given that they are generally more conservative than men, with only 33% of their assets in US or international stocks funds vs. 42% among male participants. continued on page 49
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Benefits & HR Strategies continued from page 47 • Women also feel less confident than men that their assets are aligned with their risk tolerance, with only 34% saying they feel confident and 14% saying they are not confident vs. 49% and 8% for those corresponding attitudes among men. • More women (43%) than men (38%) are open to having someone else make their 401(k) investment decisions for them.
Personal risk tolerance levels often are not aligned with asset allocation. • 41% of the plan participants identify themselves as aggressive investors. But when asked how they would invest a hypothetical sum, more than a third — 36% — express a desire to invest conservatively. Their actual allocations to conservative choices (31%) like bond and money market funds — are also higher than would be expected from truly aggressive investors. • For investors who describe themselves as conservative, 43% have no idea how their 401(k) assets are allocated.
Participants believe the major risks to retirement are outside their control. • Plan participants view risk factors largely beyond their control — such as a market crash, inflation, and Social Security cuts — as the greatest risks to their retirement. • International stock funds are seen as the riskiest asset class and are considered even riskier than REITs or commodities.
as the youngest group of investors — Gen Y — are the ones most likely to have taken one. • For those who have done self-assessments, an overwhelming majority — 94% — view them as helpful.
Differences Across the Generational Divide Younger participants may be leaning too conservative. • Fewer than half (only 44%) of Gen Y investors, who have time on their side, consider continued on page 51
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Few participants have taken risk self‑assessments. • Risk assessments may be becoming more commonplace,
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Benefits & HR Strategies continued from page 49
Inflation ranks as Gen Y’s biggest concern.
• More than half of the Gen Y investors (55%) consider 401(k) assets savings rather than investments — a higher number than those who take this conservative view among Gen X investors (only 42% consider their plan assets as savings) and boomers (44% of whom have this view).
• When Gen Y investors were asked to assess the greatest risks to their retirement, inflation was cited most often (by 26%). Two factors within their control, not saving enough (18%) and not starting early enough (15%), rank much lower among Gen Y participants’ perceived risks. • Younger investors also have a lower estimate of what they will need to retire — averaging only $483,000 vs. boomers’ estimate of $500,000 — even though they hope to retire at a younger age than either Gen X or boomers estimate their retirement age will be.
Younger investors don’t recognize there may be a problem.
Gen Y investors are more interested in invest‑ ment services and products.
• Gen Y investors have more than a third of their 401(k) assets (35%) in the most conservative investments — stable value, money market and bond funds. Their allocation is comparable to boomers’ average allocations (36%) to these types of funds. • Compared with other generations, more Gen Y investors (49%) are confident that their 401(k) assets are aligned with their risk tolerance. 46% of Gen X investors feel that way, and only 35% of boomers do.
• More Gen Y participants (68%) express interest in tools and resources to help them make investment decisions than do Gen X investors (64%) or boomers (60%). • More than half of Gen Y investors — 54% — are willing to have 401(k) decisions made for them, a much higher percentage than the 41% of Gen X and 34% of boomer investors who want such help. (This article was originally published by MFS in their 2013 Participant Pulse.) n
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President’s Message continued from page 3 century old water and sewer pipeline that will need to be torn-up in a few years; or roads and highways that were perfectly acceptable being torn-up to install replacement pipes, then repaving small affected areas that lead to a winter of potholes and ruts. It’s just not the right way to do things. But rest assured that “times are changing.” The old way of thinking may be a thing of the past, and a better way is being developed. After many meetings with water and sewer professionals, Agency and DPW heads, and UCANE representatives, the Massachusetts legislature is on the cusp of passing legislation that is the first step to coordinating our state’s infrastructure construction activities. Language in both House Bill 4229, Section 48 and Senate Bill 2021, Section 49 helps address project coordination by requiring the WPAT (in consultation with other stakeholders) to establish and publish guidelines for the best water management practices including “coordination of intra-municipal and intermunicipal projects involving inter-related infrastructure to reduce project costs”. The House went even further by adding an amendment to their Bill establishing a Commission to improve coordination of projects. Section 53 of House Bill 4229 reads in part: “...establish a special commission to investigate and study ways to improve coordination among utility providers and municipalities to reduce unnecessary or duplicative roadway construction related to underground utilities. The commission shall consist of the chair of the department of public utilities, or a designee, who shall serve as chair; 2 persons to be appointed by the president of the senate, 1 of whom shall be a representative of
a metropolitan planning organization, and 1 of whom shall be a representative of the Utility Contractors’ Association of New England; 2 persons to be appointed by the speaker of the house of representatives, 1 of whom shall be a member of an energy utility, and 1 of whom shall be a representative of the American Council of Engineering Companies of Massachusetts; and 6 persons to be appointed by the governor who shall not be employees of the executive branch and who shall reside in different geographic regions of the commonwealth, 1 of whom shall be a representative of MassDOT, 1 of whom shall be a representative of the Department of Environmental Protection, 1 of whom shall be a representative of the Boston Water and Sewer Commission, 1 of whom shall be a representative of the Massachusetts Water Works Association, 1 of whom shall be a representative of the Massachusetts Municipal Association, and 1 of whom shall be employed by a gas utility, with expertise in the planning of gas and electrical construction projects.”
As you can see, UCANE, whose work on the Water Infrastructure Finance Commission has been recognized, will have a seat on a commission that is seeking coordination from both customers and contractors to do better infra‑ structure planning. It makes perfect sense to assess whether water and sewer pipe need to be replaced before a new road/highway is constructed or repaved. In the long term, coordination on projects will allow precious financial re‑ sources to be used to their full advantage. It’s definitely a win-win situation for every citizen of Massachusetts. In the 1970s, Massachusetts took the lead in cleaning up the Boston Har‑ bor pollution and the rest of the nation followed suit. This commission and their recommendations may just be the next necessary leap towards our nation’s infrastructure revitalization. Will Massachusetts take the lead again and become the model for other states to follow? I’d like to think so. n
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IN THIS ISSUE: • Be Sure About Rental Car Insurance • Deductions for Dining Out • Tax-Free Income From Renting Your Home
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Be Sure About Rental Car Be Sure About Rental Car Insurance
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Call y double c see if th cars. Do long-ter foreign c If traveli affects y If you inadequ to offer After discussing your plans, send an email to the car renta agent, summarizing the conversation, and have the This summer, whether you’re driving for versus the e agent respond, so you’ll have a record of what you business Remember, were told. or pleasure, you may want to Protection Begins at Home rent a car. If so, you’ll likely be driving be liability, Credit Check an unfamiliar vehicle on unknown driving the Your first line of defense lies in the coverage you Besides your existing policies, you also may have roads. What’s more, you’ll encounter After dis already have. Check your auto insurance policy and coverage from your credit card issuer. your excess liability (umbrella) policy to see what—if other (perhaps many other) motorists in an email to Example 1: Howard Green rentsoverlook a car and putsconversatio anything—they say about rental cars. similar circumstances. You can’t the charge on his Visa card. He skids off the road in Call your insurance agent to double check. If the chance you’ll be involved in an so you’ll ha a rain storm and causes extensive damage to the vethere is coverage, see if there are exclusions for rentaccident. hicle. Some or all of the repair costs may be coveredtold. al cars. Does the coverage apply to long-term rentals Obviously, first priority is to by Visa. Indeed,your if Howard has to pay a deductible or to rentals in a foreign country you may be visiting? amount under hisyourself, personal your auto insurance policy, hisCredit ch avoid injuring passengers, If traveling for business, ask how that affects your credit card coverage may reimburse him for coverage. and any others. Still, you’ll also want tothe out-Besides you lay. In someyour cases, credit card insuranceso can If you feel your coverage is inadequate, your minimize financial exposure, it providemay have co secondary coverage, paying claims beyond the limits agent might be able to offer you additional insurance issuer. will pay to have the right insurance in of your primary auto insurance policy. for car rentals. Weigh the added cost versus the exExample place. Again, it pays to read the fine print. To determine tra protection you’ll get. Remember, your greatest exposure might be liability, if you injure someone while what a given credit card will pay, enter the full namecar and put Protection begins at home driving the rental car. continued on page 57He skids off Your first line of defense lies in the causes exten coverage you already have. Check your Some or all “BUY FROM THE ADVERTISERS CONSTRUCTION OUTLOOK” JULY, 2014 autoIN insurance policy and your excess 55covered by V liability (umbrella) policy to see what—if to pay a ded his summer, whether you’re driving for business or pleasure, you may want to rent a car. If so, you’ll likely be driving an unfamiliar vehicle on unknown roads. What’s more, you’ll encounter other (perhaps many other) motorists in similar circumstances. You can’t overlook the chance you’ll be involved in an accident. Obviously, your first priority is to avoid injuring yourself, your passengers, and any others. Still, you’ll also want to mini‑ mize your financial exposure, so it will pay to have the right insurance in place.
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Counter Moves
Financial Management continued from page 55 of the card and “rental car insurance” into an Internet search engine, such as Google. Be sure to be precise in designating the type of card you have (gold, platinum, etc.) because different cards from the same company may have different levels of protection. With Visa or MasterCard, there can be variations in coverage from one issuing bank to another.
When you rent a car, the person behind the counter will ask you if you want the optional insurance offered by the company. The stated cost— often X dollars per day—may seem modest but in fact the annualized costs generally are much greater than you’d pay for standard auto insurance.
Credit card coverage can be valuable, especially if it’s included in the basic card member services at no extra charge, but it probably is not absolute. Often, this insurance applies to vehicle damage or theft, but not liability for injuries. In such cases, be sure you have other protection for any liability incurred while driving a rental car.
Why would you pay for this expensive coverage? If you haven’t fully researched your insurance options, you might want to buy some coverage from the car rental company, for peace of mind. Alternatively, if you are informed about your present coverage, you might choose some of the optional choices to fill in any gaps.
Be wary of any exclusions in the coverage you receive from your credit card company. Coverage might not be available, for instance, for rentals of recreational vehicles, rentals of very expensive vehicles, rentals by students, or rentals much longer than 15 days. The bottom line is that you almost certainly will use a credit card when you rent a car. You might as well see which of your cards has the best suite of free car-rental benefits, in sync with your auto insurance, and use that card when you rent a car.
Example 2: Mindy Carter lives in New York City without a car, so she has no auto insurance. When she goes away on weekends, she rents a car. Mindy knows that her credit card covers damage and theft but not liability for injury to others. Therefore, she buys liability insurance at the car rental counter. Similarly, drivers with little or no collision damage coverage on their personal cars might buy this insurance from the rental company. continued on page 58
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Deductions for Dining Out Financial Management continued from pagemeals 57 Champagne and caviar on the full-course IRS? Typically, the answer is no. with wine, and the Nevertheless, there are times when tab comes to $100 you can go out to eat—perhaps to with tax and tip. If hampagne and caviar onpays thetheIRS? the best restaurant in town—and Nora bill, Typically, the answer is no. recoup some of your costs through she can takeNever‑ a $50 when you tax savings. theless, there are times tax deduction. can go out to eat—perhapsThe to IRS the best restaurant in town—and recoup Business as usual explicitlysome frowns of your costs through tax savings. Perhaps the most obvious way to on so-called “taking deduct dining costs isBusiness to buy a meal turns” deductions. as Usual for someone with whom you do Thus, if the Perhaps the most obvious way to deduct dining business or would like to do business. potential client is costs is to buy a meal for someone with whom you The good news is that everything Nora’s neighbor and do business or would like to do business. The good counts:news food,isdrinks, tax, and tip. The they dine together ra’s neighbor and they dine together every month, althat everything counts: food, drinks, tax, and as to who bill, thepossible IRS won’t allow tip. The news? Meal are considbad news? Mealbad costs typically arecosts typically every month, alternatingternating as to who the pays year, the discussing ideas either party to take ered entertainment entertainment expenses, expenses, which have considered paysgenerally the bill, the IRS won’t allow fortax thedeductions. latter’s garden, and Nora 50% cap on deductions. However, thatpicks mayup notthe always be the case. which agenerally have a 50% cap on either party to take tax deductions. tab every other time, Example 1: Nora Peters has dinner with a poExample Nora and her neighbor dine together deductions. However, that may not always be 2: paying a total of $600. Eventually, the tential client for her landscaping business. They both throughout the year, discussing possible ideas for the Example 1: Nora Peters has the case. neighbor hires Nora to landscape her have full-course meals with wine, and the tab comes latter’s NoraNora picksultimately up the tabearns every$2,000 other dinnertowith a potential client her paysExample 2: Nora her garden, and garden; $100 with tax and tip.for If Nora the bill, she can and time, paying a total of $600. Eventually, the neighbor landscaping They both have neighbor dine together throughout from that job, reported as taxable take abusiness. $50 tax deduction.
Deductions for Dining Out
C
The IRS explicitly frowns on so-called “taking 2 turns” deductions. Thus, if the potential client is No-
hires Nora to landscape her garden; Nora ultimately earns $2,000 from that job, reported as taxable continued on page 59
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Financial Management continued from page 58 income. Can Nora take a $300 (50% of $600) tax deduction, despite the alternate bill paying? Consult your accountant to help you determine the answer to such difficult questions.
Beyond Reasonable Doubt The IRS also asserts that meal outlays that are “lavish or extravagant” won’t qualify for a tax deduction. Unfortunately, the agency doesn’t provide a dollar limit or any tangible guideline, only that the cost must be “reasonable,” considering the “facts and circumstances.” Merely dining at a deluxe restaurant or a pricey resort won’t automatically rule out a 50% deduction. One way to approach this issue is to put things into perspective. In a major city with a steep cost of living, spending $100 on a dinner for two may not be considered lavish, if there’s a valid business purpose for the excursion. Conversely, spending hundreds of dollars on a meal with someone who has only a peripheral connection to your company and little chance of providing meaningful revenues in the future, might not pass muster. One U.S. Commerce Department website provides an example of spending $200 for a businessrelated meal. If $110 of that amount is not allowable because it is lavish and extravagant, the remaining $90 is subject to the 50% limit. Thus, the tax deduction could be $45 (50% of $90).
Going Solo You should be aware that the 50% limit also applies to business meals away from home, not just to meals where you’re entertaining someone. Example 3: Ron Sawyer travels from his Dallas home to Tucson on a sales trip. He does no entertaining but spends $140 eating his meals in restaurants. Ron’s meal deduction is $70 (50% of $140).
Trusted Advice Meal Plans • In order to support a deduction for buying someone a meal, you must be present. • The purpose of the meal must be the active conduct of business, you must engage in business during the meal, and you must have more than a general expectation of getting income or some specific business benefit in the future; or the meal must be associated with the active conduct of business and come directly before or after a substantial business discussion. • You should keep a record of all these meal expenses. Note the “who, where, when, and how much” details along with an explanation of the business purpose of your mealtime conversation. Filling Out a Foursome Generally, you can’t claim a 50% deduction for buying your spouse a meal. There are exceptions, though, if including your spouse at the table serves a business purpose, rather than one that’s personal or social. Example 4: Tim Walker invites a customer to dinner. The customer is visiting from out of town, so the customer’s spouse is also invited because it is impractical to entertain the customer without the spouse. Tim can deduct 50% of the cost of the meal for the customer’s spouse. What’s more, if Tim’s wife joins the group because the customer’s spouse is continued on page 61
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Financial Management continued from page 59 present, the cost of the meal for Tim’s wife is also deductible.
Taking the Deduction For self-employed individuals and business owners, taking 50% deductions for business meals may be straightforward. For employees, though, those deductions might be harder to obtain. Unreimbursed expenses are included in miscellaneous itemized deductions, which are deductible only to the extent they exceed 2% of adjusted gross income (AGI). Example 5: Lynn Knox, who is an employee, spends $500 on business meals in 2014 and is not reimbursed. When she prepares her tax return for the year, she includes $250 as a miscellaneous itemized deduction. Her AGI is $100,000, so her 2% threshold is $2,000. If Lynn’s miscellaneous deductions add up to $2,400, she is entitled to deduct the $400 excess. Without her business meals, Lynn’s miscellaneous deductions would have been only $2,150, generating a $150 deduction, so Lynn effectively gets a $250 deduction for her $500 of business meal expenses. If Lynn’s miscellaneous deductions were under $2,000, she would have no tax benefit from her business meals. continued on page 62
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Financial Management continued from page 61
Tax-Free Income From Renting Your Home
F
rom Canton, Ohio, where the Pro Football Hall of Fame Weekend takes place in August, to Los An‑ geles, which has Haunted Hayrides to celebrate Halloween throughout Octo‑ ber, cities small and large host special events throughout the year. Moreover, oceanfront communities attract millions of tourists in the summer while mountain regions offer winter sports each winter. What is the common denominator? If you live in an area popular with tourists, for a season or a month or even a day, you can rent your home for a sizable amount. According to some reports, homes in the Augusta, Georgia area rent for as much as $20,000 for the week of the Masters Golf Tournament in April.
Moreover, income from such rental activity is legitimately tax-free: you don’t have to report it on your tax return. You can’t deduct any expenses incurred for the rental, but you still can take appli‑ cable mortgage interest and property tax deductions for your home with no reduc‑ tion for the profitable rental period. Fortune’s Fortnight As you might expect, you have to clear some hurdles to qualify for this tax-free income. Perhaps most important, you must rent the home for no more than 14 days during the year. If you go over by even one day, tax-free taxation will vanish. In that case, you will have to report your rental income, and you may take appropriate deductions, but the process can become very complicated. continued on page 63
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Financial Management continued from page 62
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In addition to the 14-day limit, the IRS says that you must use the “dwelling unit as a home.” This means that you must use the property for personal purposes more than (a) 14 days or (b) 10% of the days it is rented to others at a fair price, whichever is greater. Example 1: Jan Harrison lives in Charlotte, North Carolina, throughout the year but rents her home for a week when the Bank of America 500 race is in town. She moves in with her sister and then goes home after the weeklong rental ends. Jan lives in her home well over 300 days in the year, so claiming the tax-free rental income won’t be a problem. You also can claim this tax break for a vacation home as long as there are at least 15 days of personal use and you keep rentals under 15 days a year. With either a primary residence or a second home, keep careful records to show that you observed the 14-day rental limit.
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Proceed Prudently Tax-free income is certainly welcome, but it shouldn’t be your only concern. Keep in mind that you are letting other people occupy your home, perhaps during a time when parties may occur. Make sure you have a formal rental agreement in place and that you collect the rent upfront, along with a deposit for possible property damage. Check with your homeowners insurance agent to see if you need special coverage, and check with local officials to find out if you need a permit for a short-term rental.
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If you decide to use a service to handle the rental and save you some aggravation, ask what fees you’ll owe. In addition, ask if the rental income will be reported to the IRS. Such reports may complicate what can be a straightforward tax benefit. Reprinted from CPA Client Bulletin. n
Did You Know?
T
he average cost for nursing-home care in the U.S. has climbed by 20% in the past five years, to $95,706 per year from $79,935. Of the five markets with average fees over $150,000 a year, four are in New York and Connecticut, led by Bridgeport-Stamford-Norwalk, Conn., at $159,359. The other is Anchorage, Alaska, in second place with annual costs of nearly $157,000. Source: New York Life
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Advertisers’ Index ATS Equipment, Inc. ...........................................................36 Albanese D&S, Inc...............................................................32 Allied Recycling Center.........................................................8 American Shoring, Inc.........................................................38 Boro Sand & Stone Corp......................................................52 Dennis K. Burke, Inc............................................................58 Concrete Systems, Inc......................................................... 44 Dagle Electrical Construction, Corp....................................14 Darmody, Merlino & Co., LLP..............................................5 DeSanctis Insurance Agency, Inc. .......................................17 Dig Safe System, Inc............................................................57 The Driscoll Agency ............................................................49 EJ..........................................................................................50 Eastern Pipe Service, LLC...................................................19 Eastern States Insurance Agency, Inc..................................56 T. L. Edwards, Inc................................................................47 Ferguson Waterworks.............................................................7 Foley Carrier Services, LLC................................................56 Geod Consulting, Inc............................................................61 Genalco, Inc..........................................................................21 L. Guerini Group, Inc...........................................................54 HD Supply Waterworks..........................................................2 A. H. Harris & Sons, Inc. ................................................... 60 Hinckley Allen, LLP............................................................26 P. J. Keating Company......................................................... 40 P. A. Landers, Inc.................................................................59 Lawrence-Lynch Corp..........................................................51 Liddell Brothers Inc............................................................. 46 Lorusso Corp........................................................................54 Lorusso Heavy Equipment, LLC..................... Ins. Back Cvr. Mabey, Inc............................................................................61 Mass Broken Stone Company.................................................9 Milton CAT...........................................................................16 North East Shoring Equipment, LLC...................................54 NorthStar Insurance Services, Inc.......................................20 Ocean State Oil.................................................................... 60 Our Outhouses, Inc...............................................................63 Palmer Paving Corporation..................................................11 E. H. Perkins Construction Co., Inc.................................... 64 Podgurski Corp.....................................................................41 E. J. Prescott, Inc..............................................Ins. Front Cvr. Rain For Rent-New England.................................................18 Read Custom Soils .................................................................9 Rodman Ford Sales, Inc........................................................34 Rogers & Gray Insurance Agency, Inc.................................30 Schmidt Equipment, Inc.......................................... Back Cvr. The Scituate Companies.......................................................10 Shea Concrete Products..........................................................6 Smith Print............................................................................56 Starkweather & Shepley Ins. Brokerage, Inc.......................52 Sunbelt Rentals/Pump & Power Services............................12 System Support Corporation................................................41 Taylor Oil Company.............................................................62 Ti-SALES, Inc. ....................................................................52 Albert J. Tonry & Co., Inc....................................................63 Travelers............................................................................... 60 United Concrete Products, Inc. ............................................13 United Rentals Trench Safety...............................................48 C. N. Wood Co., Inc. ............................................................42 Woodco Machinery, Inc.........................................................4
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