May 2016 Construction Outlook by Ucane

A publication of the Utility Contractorsâ&#x20AC;&#x2122; Association of New England, Inc.

MAY, 2016

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MAY, 2016

IN THIS ISSUE

OFFICERS President JOHN OUR

Robert B. Our Co., Inc.

President-Elect PAUL SCENNA

Albanese D&S, Inc.

Treasurer RICHARD PACELLA, JR. R. M. Pacella, Inc.

Secretary MARCELLA ALBANESE

Albanese Brothers, Inc.

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

JOHN BERKSZA

Eastern Insurance Group, LLC

NICK BIELLO

J. D’Amico, Inc.

TONY BORRELLI

Celco Construction Corp.

GERRY CARNEY, JR.

C. N. Wood Co., Inc.

KEVIN COLE

J. F. White Contracting Co.

BRIAN COONEY

C. C. Construction, Inc.

JON D’ALLESSANDRO D’Allessandro Corp.

GREG FEENEY

Feeney Bros. Excavation, LLC

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

A. J. LORUSSO

Lorusso Heavy Equipment, LLC

AL MORTEO

FED. CORP.

JOSEPH PACELLA

RJV Construction Corp.

BRIAN RAWSTON

Jay Cashman, Inc.

PAUL A. UMBRO

Umbro & Sons Const. Corp.

CHRIS VALENTI

GVC Construction, Inc.

DAVID ZOPPO

R. Zoppo Corp.

PHIL JASSET

3 President’s Message:

Eliminating Lead in Water Requires Resolve, Funding, and Planning

7 Legislative Update:

• Baker-Polito Administration Files Legislation Seeking Primacy for MassDEP • Massachusetts House of Representatives Passes FY17 Budget Proposal • Massachusetts Clean Water Trust to Pay for School Lead Examinations • City of Boston Increases Lead Removal Program Incentives • Baker-Polito Administration Awards Drinking Water Supply Protection Grants

21 Legal Corner:

State of Flux: Portuguese Business Enterprises

25 In Memoriam:

Louis A. Tonry, Albert J. Tonry & Co., Inc.

26 Let’s Get the Lead Out 39 AWWA Press Release: Lead Service Line Analysis Examines Scope of Challenge 41 MWRA Board Approves $100 Million in Funding to Remove Lead Service Lines 45 Boston Water & Sewer Commission’s Lead Replacement Incentive Program 47 UCANE Welcomes the Following New Members 48 UCANE Members Help the City of Cambridge and MWRA Achieve Major Milestone in Boston Harbor Cleanup 53 Insurance Perspective:

7/1/2016 Massachusetts Workers’ Compensation Rate Change

57 UCANE’s 37th Annual Golf Classic 59 Financial Management:

• Health Insurance and Divorce • Fun and Games...and Taxes • New Law May Boost C Corporations

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

Honorary Board Member

ANNE KLAYMAN

Executive Director

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APRIL, 2016

Eliminating Lead in Water Requires Resolve, Funding, and Planning By now, even a person who knows nothing about water infrastructure has heard about what happened in Flint, Michigan. It’s been over two years since the crisis began, but every day there are new stories. The tragic situation in Flint was caused by a failure of government at every level. As a result, the Michigan Attorney General recently filed criminal charges against three water officials. The discussion about what went wrong and how it should have been prevented will go on for years.

s bad as this situation is, the only positive that has resulted is that there is now a national discussion about lead in drinking water, as well as an increased awareness for the need to address our aging water infrastructure and how it will be funded. While little seems to happen in Washington, D.C. these days, there are renewed signs of bipartisan agreement that our nation’s water and sewer infrastructure needs to be addressed. UCANE will continue to work with the Clean Water Construction Coalition (CWCC) to lobby Federal officials to not just speak about the need for additional funding, but to make it a reality. Closer to home, while Massachusetts has always been at the forefront of water quality and safety, it has not been immune to the problems now seen in Flint. There is now a renewed emphasis by many cities, towns, and agencies to actively take steps to identify the magnitude of the lead problem and to formulate plans to deal with the problem. MWRA Executive Director Fred Laskey and the MWRA Board of Directors showed leadership by announcing a $100 million interest-free loan program for its member communities to implement their own lead pipe replacement programs. The loan program can be used to take an inventory of remaining lead service lines, and provide incentives through loans and/ or grants to homeowners to replace lead service connections into their homes. (See article on page 41.)

MAY, 2016

At the state level, Governor Baker and Treasurer Goldberg announced a $2 million program to be financed through the Clean Water Trust and to be run by the MassDEP that will assist as many as 1,750 public schools throughout the state with water quality testing. (See article on page 13.) Boston Mayor Marty Walsh and John Sullivan, Chief Engineer of the Boston Water & Sewer Commission (BWSC) wasted no time in responding to the Flint crisis by doubling the incentive amount offered to Boston homeowners to replace their lead service connections. John, who has been nationally recognized for his commitment and leadership in modernizing Boston’s water and sewer infrastructure, was recently asked by Washington officials to act as a consultant to the state of Michigan, and the city of Flint, on how to deal with their lead issues. John shared his recent experiences in Michigan with continued on page 5

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President’s Message continued from page 3 UCANE members and guests at our March Forecast Dinner Meeting. (See article on page 45.) These local leaders are to be commended for their early financial commitments to Massachusetts residents in order to ensure that our schools and homes, and our children, are safe from lead in the drinking water. On the national level, EPA is requiring that all cities and towns address the lead levels in drinking water on a priority basis. I believe that at this time everyone understands that reducing the lead in drinking water to acceptable EPA levels, or eliminating lead completely, will take resolve, additional funding, and a plan of action to actually get the work done in an efficient and cost effective way.

UCANE supports a policy of bundling multiple water service line replacements into a single project to be put out for public bid. The public bid process will ensure competition by qualified contractors and will also ensure the best deal for homeowners and taxpayers. UCANE members stand ready and able to work with our state, agency, and municipal partners to implement these lead service abatement programs and ensure safe water quality for all of our families. n

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MAY, 2016

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Baker-Polito Administration Files Legislation Seeking Primacy for MassDEP

mid months of speculation, the Baker-Polito Administration filed legislation, An Act to Enable the Commonwealth’s Administration of the Massachusetts Pollutant Discharge Elimination System, at the beginning of May. The legislation, which supports the Massachusetts Department of Environmental Protection’s (“MassDEP”) efforts to join 46 other states in administering the U.S. Environmental Protection Agency’s (“EPA’s”) National Pollutant Discharge Elimination System (“NPDES”) for federal water quality protection, will be accompanied by an increased budget commitment of $4.7 million annually for staff, programming, and up-to-date monitoring and analysis of water quality data. Under the federal Clean Water Act of 1972, the EPA administers numerous water quality programs across the United States, including efforts like NPDES, which regulates public and private discharges of wastewater and stormwater. As states have the option of applying to the EPA for authorization to administer the program at the state level, subject to federal oversight, the filed legislation will make the necessary changes to the Commonwealth’s Clean Waters Act, which is needed for MassDEP to make an application to the EPA. According to a press release from the Governor’s Office, Massachusetts, through MassDEP, has a decades-long history of effectively and successfully administering other federal environmental programs in areas of drinking water, hazardous waste, and clean air, as well as other state water programs such as Title 5, wetlands, and water management. In seeking authorization from EPA to administer the NPDES program, MassDEP will continue to promote the use of science-based water monitoring information during permitting decisions; and will provide ongoing effective technical assistance to permittees.

MAY, 2016

Furthermore, adding the NPDES program to MassDEP’s portfolio will promote an integrated process in which a single agency can work with cities and towns across the Commonwealth to protect Massachusetts’ water quality as well, if not better, than the EPA while minimizing the number of permit appeals and legal challenges. MassDEP will also embrace the concept of integrated planning and will work closely with local partners to establish a program that takes a holistic view of clean water requirements and implementation schedules. In supporting the legislative filing, Geoffrey Beckwith, Executive Director of Massachusetts Municipal Association stated, “This is very good news for Massachusetts, because MassDEP has a well-deserved reputation as both a tough and fair enforcement agency. Because MassDEP works with cities and towns every day, we are confident that this integrated enforcement approach will deliver stronger results for the environment with less bureaucracy, and will provide greater responsiveness to all communities and stakeholders.” When passed, the legislation will be part of a submittal made by MassDEP to the EPA’s New England Regional Office in Boston. As part of its application, MassDEP will be required to demonstrate that it has developed an effective plan for managing the NPDES program, that its legal authorities are sufficient to meet federal requirements, and that a plan for funding is in place. While the formal submission cannot be made until the Baker-Polito Administration’s proposal receives legislative approval, MassDEP is continuing to consult with EPA on delegation requirements and will develop other elements of the plan for submittal. continued on page 9

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MAY, 2016

Legislative Update continued from page 7

Massachusetts House of Representatives Passes FY17 Budget Proposal

he House Committee on Ways and Means (“HWM”) filed its FY17 budget proposal with direct appropriations totaling $39.5 billion. Overall, the HWM budget proposes an overall level of spending of about a 4 percent increase over the FY16 state budget. Increased support for health care expenses, state pension obligations, the MBTA, and other non-discretionary items accounts for the majority of this new spending. New discretionary funds for the remaining operations and services provided by state departments and agencies are limited to $385 million, or 1 percent. With next year’s estimated tax revenue growth at $1.109 billion, or 4.3 percent, the HWM proposal relies on additional non-tax revenue from departmental sources, federal reimbursements, and operating transfers. The use of one-time resources amounts to $253 million of one-time revenue, about $350 million less than FY16. The HWM proposal did not recommend a draw from the stabilization fund; but dedicates a substantial investment into the State’s “Rainy Day” fund of slightly over $210 million or 16 percent. The House budget,

MAY, 2016

while increasing spending by 5 percent, originally cut $191 million from the Governor’s budget recommendations, before budget amendments added to the bottom line. MassHealth remains the largest expense in the Commonwealth’s budget. Notably, this legislation contains MassHealth spending growth to 5 percent from FY16 while maintaining member benefits and eligibility. It provides the Health Safety Net with a $15 million transfer and institutes a five-year Delivery System Reform Incentive Program to maximize federal funding as the state moves toward an accountable-careorganization model of health care delivery. Of particular interest to UCANE members, the House included the following: • Rate Relief. The Governor and the House filed budgets with an appropriation of $1.1 million. Last year, the final appropriation settled at $1.1 million. (Line-item 1231-1000). • Clean Water Trust Contract Assistance. The House matched the Governor’s recommencontinued on page 11

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Legislative Update continued from page 9 dation of $63,097,257 for line-item 1599-0093. Last year, the final appropriation was level funded at the same amount. • MassDEP Administration. The House came in a dollar higher than the Governor’s recommendation for 2200-0100 with $25,177,967. This amount was level funding from the Governor’s appropriation.

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• Safe Drinking Water Act. The House again matched the Governor’s recommendation with $1,230,839. (Line-item 2250-2000). • Watershed Management Program. The House matched the Governor’s recommendation by appropriating $929,975 to DCR’s watershed management program. (Line-item 2800-0101). • Stormwater Management. The House came in level with the Governor on line-item 2800-0401 with an appropriation of $465,854. House members filed almost 1,400 budget amendments to the FY17 HWM recommendation. For the results of the House budget deliberations, please visit www.malegislature.gov/Budget/FY2017/ House/ChamberActions. continued on page 13

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Legislative Update continued from page 11

Massachusetts Clean Water Trust to Pay for School Lead Examinations

t the end of April, Treasurer Deb Goldberg announced that the Massachusetts Clean Water Trust will spend $2 million to fund cooperative efforts to assist Massachusetts public schools to test for lead in drinking water. The funds, to be used by the MassDEP, will provide technical assistance to ensure that public school districts can sample the taps and water fountains in their schools, and to identify any results that show lead contamination over the federal action level. The funding from the Massachusetts Clean Water Trust, which will allow the assistance program to launch this spring, will pay for sampling to confirm that drinking water levels are below action levels in public school water fountains and fixtures used for food preparation, and will be utilized for the training of school personnel to assist in designing sampling plans. The MassDEP and Clean Water Trust estimate that $2 million may provide full support to about 1,750 schools for designing and executing a water sampling program. The funding will also be

used to provide technical help to school systems, which will include training, designing sampling plans, and helping schools address fixtures that exceed the action level. According to the announcement by the agency, the MassDEP will spearhead the assistance program as part of its implementation of the federal Lead Contamination Control Act (LCCA). Under the LCCA, MassDEP earlier this year e-mailed to thousands of school officials a voluntary survey asking school districts to provide information about their drinking water testing programs, the results of any testing done recently and what plans were implemented to address any contamination uncovered during sampling. MassDEP is still collecting those school surveys and has extended the submission deadline to coincide with the start of this new assistance program. Within the next week, MassDEP and the Massachusetts Department of Elementary and Secondary Education will make available to school districts, continued on page 15

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MAY, 2016

Legislative Update continued from page 13 Bring us your tired worn out Pipe Lasers and we will give you cash towards the purchase of a NEW DG511 or DG711! municipal officials and others the form needed to participate in the technical assistance and sample analysis program. Water supplied to schools is generally free of lead, but lead can be introduced into drinking water through plumbing and fixtures in buildings – especially in facilities more than 20 years old. Copper can also enter drinking water through plumbing, so the assistance program will also address copper levels in drinking water. Historically, the majority of lead poisoning cases in Massachusetts are attributable to lead paint exposures, however other sources including drinking water in schools continues to be an important concern for children’s health. continued on page 17

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Legislative Update continued from page 15

City of Boston Increases Lead Removal Program Incentives

oston Mayor Marty Walsh also recently announced his efforts to combat the lingering issue of lead contamination in the water infrastructure system. According to a press release from the Mayor’s Office, the City of Boston will give property owners up to $2,000 and four years of nointerest financing to help them replace water lines at their homes or businesses that may be leaching harmful lead into drinking water. Concerns over the amount of lead in drinking water at homes, schools, and other buildings have been expressed in light of the water infrastructure failure in Flint Michigan where dangerous lead levels were discovered. With more than 5,000 properties in the City of Boston connected to water mains in the street by lead service lines, it is estimated that replacing the service lines in question will costs between $2,500 and $3,000 each. As the actual amount depends on the length of the line, the exact cost is unknown for replacing the City’s entire cen-

sus of lead pipe connections. To be eligible for the City of Boston program, property owners must hire a contractor selected by the Boston Water and Sewer Commission to do the work. According to the Boston Water and Sewer Commission, a contract is awarded, after public bidding, each year to a contractor for all the line replacement work for that year. The current contractor charges $153 per foot to replace lines that are either 5/8 or 3/8 of an inch in diameter — the most common sizes. City officials said that since 2005, when the program originally started, it has helped fund the replacement of 1,391 lines. More details about the program can be found at the Boston Water and Sewer Commission’s website, bwsc.org, or by calling the Commission’s Lead Hotline at 617-989-7888. continued on page 19

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Legislative Update continued from page 17

Baker-Polito Administration Awards Drinking Water Supply Protection Grants

he Baker-Polito Administration awarded more than $1.1 million in grants to five Massachusetts water suppliers through the Drinking Water Supply Protection (“DWSP”) Grant Program. The funding, announced during Earth Week in April, will enable water suppliers to protect existing or new wells, as well as surface drinking water supply systems, such as reservoirs. The DWSP Grant Program, overseen by the Executive Office of Energy and Environmental Affairs, has provided grants to municipal and public water systems and fire districts for the acquisition of land in fee, a conservation restriction, or a watershed preservation restriction for water supply protection and land conservation purposes since 2004. Land acquired must be located in existing MassDEP-approved drinking water supply areas, or in estimated protection areas for new sources, or in an area identified through an appropriate planning process as suitable for groundwater recharge to an aquifer. The Fiscal Year 2016 DWSP grant awards are: • Amherst Department of Public Works: $175,625 to preserve 141 acres of land that contain Amethyst Brook, which is located approximately 150 feet from the Hills Reservoir (part of Amherst’s Pelham Reservoirs that provide almost a quarter of Amherst’s drinking water). • Centerville-Osterville-Marstons Mills Fire District: $197,000 to protect 11 acres of land to help create a wildlife corridor and protect the municipal water supply for 12,500 households. • Marshfield Department of Public Works: $274,125 to protect almost six acres of land to prevent the contamination of the Furnace Brook Wells. This project also consists of open fields, forest, and wetlands that connect to other protected parcels and contain Natural Heritage and Endangered Species Programmapped habitat of rare wildlife. • Mattapoisett Water and Sewer Department: $ 327,063 to protect 114 acres of land within the Mattapoisett River watershed, which is a drinking water supply source for five surrounding municipalities. MAY, 2016

•

Westfield Water Resource Department: $203,000 to acquire 80 acres of watershed land located on high ground between two major tributaries that feed the Granville Reservoir. For more information about the DWSP Grant Program, please visit: http://www.mass.gov/eea/ agencies/DEP/water/drinking/source-water-protection-for-drinking-water-supplies.html#1 n

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State of Flux: Portuguese Business Enterprises his past month, the Supplier Diversity Office (SDO) issued a public memorandum T announcing that, effective on April 12, 2016, “all Portuguese-owned Minority Business Enterprises (MBEs) . . . will no longer be considered MBEs but will instead be considered Portuguese Business Enterprises (PBEs).” This announcement likely came as a surprise to those reviewing the SDO’s recently proposed new MBE/WBE certification regulations. This is because the proposed new regulations, if adopted, would specifically define “Portuguese culture and origin” as part of the recognized “Hispanic” minority category. Why the sudden about-face? A recent injunction order of the Superior Court.

ack in February, a WBE contractor filed an action in Superior Court challenging the state’s practice of certifying Portuguese business enterprises as MBEs. As those familiar with the current MBE/WBE certification regulations know, “Portuguese persons shall only be included in the definition of minority if specifically set forth in programs funded by transportation bond statutes, which include such persons as eligible participants.” However, the contractor argued that the SDO has not been following the letter of this regulation and has instead been issuing “all-purpose MBE certifications to Portuguese-owned firms despite this critical limiting language [of the regulation].” As a result, PBEs are participating as MBEs in building contracts not funded by state transportation bonds. The contractor alleged that this practice is unlawful and further alleged that it afforded a “preference” to Portuguese-owned firms even though there is no history of discrimination against those firms in Massachusetts. Critically in the case, the state defendants acknowledged that the SDO’s “practice of certifying Portuguese-owned business as MBEs” is “out of step with the regulation.” The state defendants further asserted that this is the reason why the SDO had proposed new regulations: to include Portuguese persons within the definition of minority so that

MAY, 2016

its practice is consistent with the regulatory requirements. The state defendants urged the court not to interfere with the agency “rulemaking process.” Although it did not issue a written decision, the Superior Court granted the injunction stopping the state defendants from: (1) including or continuing to include PBEs as MBEs in the SDO’s databases of certified MBEs; (2) certifying or re-certifying any firm as an MBE because it is owned by a person of Portuguese origin; and (3) communicating to any awarding authority that a PBE is eligible to participate as an MBE on projects other than those funded by state transportation bond statutes as required by the current regulation. The court’s handwritten allowance of the contractor’s injunction request is what prompted the SDO to announce that PBEs will no longer be considered MBEs. This new development has left PBEs in a state of flux. Although the case is far from over, it raises the rare constitutional question in construction law: whether PBEs can be recognized as a protected class of “minorities” at all for purposes of the SDO’s regulations. As the WBE contractor argued to the court, there must be evidence of historical discrimination against Portuguese firms to justify including PBEs as a protected minority class. While the contractor asserted continued on page 23

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Legal Corner continued from page 21

be aware of the importance of a robust compliance program capable of closely monitoring their relationships with disadvantaged business enterprises. As a practical matter, such compliance programs are no longer optional; they are essential to successfully contracting with WBEs and MBEs, including potentially, PBEs and others. n

that a recent DCAM disparity study made no mention of discrimination against Portuguese firms, the state defendants countered that DCAM is in the process of conducting a new disparity study in January to analyze whether PBEs are subject to discrimination in the construction marketplace in Massachusetts. That study is not expected to be completed until the Spring of 2017. With potential regulatory MBO Precast Inc. changes on the horizon – and 4 Marion Drive • Carver, MA 02330 blanket protected status of PBEs T: 508-866-6900 • F: 508-866-5252 on hold – contractors are remindwww.MBOPrecast.com ed that there is a minefield of legal pitfalls when it comes to contracting with MBEs and WBEs. MBE/ Stone Strong Retaining Wall Systems WBE fraud is a major issue at both Manholes / Catch Basins / Custom Structures the state and federal levels and Septic Tanks / Leaching Products can lead to civil and criminal liability including fines, penalties, debarment, and incarceration. The Office of the Inspector General for the U.S. Department of Transportation has identified several “red flag” indicators of MBE/WBE fraud that every contractor should be able to recognize. As the PBE issue is litigated, contractors should

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I n M emoriam

Louis A. Tonry

Albert J. Tonry & Co., Inc.

e are deeply saddened to announce the passing of Louis A. Tonry on April 2, 2016. Lou was a longtime UCANE member and former President of Albert J. Tonry & Co., Inc. He is survived by his wife Georgia and his children Susan Kelley and her husband David of NV, Robert Tonry of Scituate, Louis Tonry, Jr. and his wife Deanne of Quincy, stepfather of Richard Traina of Sterling, Carl Traina and his wife Dr. Joyce of Hingham, Dr. Pamela Traina and her husband Mike Reynolds of OR, Dr. Valerie Traina and her husband William Orr of CA. Devoted Grampa of Christian, Lauren, Kelsey, Luke, Rochelle, Robin, Zachary, Adam, Jocelyn, and Alexandra.

Lou was a United States Navy Aviator, serving as a carrier pilot. After WWII, Lou attended Bowdoin College where he received his bachelor’s degree. He joined the family insurance agency in 1949 following his graduation. The business was incorporated in 1956 as Albert J. Tonry Co., Inc., soon after Albert retired and Lou began serving as President until his retirement in 1982. Lou enjoyed sailing on his sailboat, flying his plane and playing golf, tennis, and squash. He also spent much time restoring antique cars. Lou’s main passion was his family and spending time with those he loved. The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathy and condolences to the Tonry family. n

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There is a long-standing narrative about the negative developmental effects that lead paint has on young children. Most people are at least somewhat familiar with the health concerns associated with exposure of children to lead based paint, especially as it relates to ingestion of old paint chips or exposure to dust from demolition or sanding of lead painted items in the home (i.e., from window sills, molding, doors, etc.). The United States Consumer Product Safety Commission banned production of lead based paint in 1978. Most states

have laws and regulations concerning exposure to, and working with, lead painted surfaces. Landlords and property owners have special obligations when it comes to lead paint exposure to their tenants and buyers of their property. There are citations, fines, and even criminal penalties established if lead based paint laws are violated. Unfortunately until the Flint, Michigan lead problems became public, the average citizen was NOT familiar with, and had little or no concern about high levels of lead in their drinking water.

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Then Along Came Flint, Michigan The Flint tragedy has brought to the national (and local) stage, a new awareness of the potential for major health risks due to lead contamination through drinking water. The Flint crisis is a very unique situation, caused mostly by human error and carelessness. State and local water department employees, who were trusted to provide clean drinking water to Flint’s 100,000 residents made some mistakes when the city decided to change their source of water supply from the Detroit water system to a new intake in the Flint River in early 2014. The EPA has strict requirements for water system owners when it comes to testing drinking water supplies and treating the water in order to meet their standards. These procedures, if done properly, could have averted, or greatly diminished, the undiscovered health hazard from contaminated drinking water, which was being supplied to thousands of homes through an aging network of neglected underground water pipes. Immediately after the change to the Flint River as a supply of drinking water, residents complained about discolored and foul smelling water. Also, within six months of the changeover, the local General Motors plant notified the Flint Water Department and other Flint officials that they suspected the water was overly acidic and causing corrosion issues on some of their production lines. Throughout the remainder of 2014, the water officials who were responsible for providing safe drinking water to Flint residents, could not identify, and appeared to downplay, the problem. They continued to perform the same testing patterns, despite increased customer complaints about the water’s color/taste; and nobody had yet (publicly) acknowledged any lead drinking water concern.

The Lead Problem is Uncovered It wasn’t until March 2015, after complaining to the Flint Water Department for months, a homeowner had her tap water tested and learned about the high lead levels. Test results showed lead levels anywhere between 15 to 25 times higher than the EPA’s safe limit standard of 15 parts/billion. It did not take long after that for officials

MAY, 2016

to determine that the acidity of the new Flint River water supply was not being neutralized sufficiently and that the acidic water was causing deterioration of some lead joints in the old cast iron mains. The main source of the lead, however, was soon determined to be leaching from old lead service pipes that connect the city’s water main to individual resident’s homes.

The City’s Water Pipes Showed Signs of Neglect Much of Flint’s 600-mile water system was over 100 years old and had been woefully neglected. Lead service pipes still served many residents and most of the system had been on a “fix and patch” basis for many years. It was not unusual for the Flint Water Department to respond to 20 or more pipe breaks in a single week, and dirty water and boil orders were commonplace. Why this situation existed was easy to explain.

Flint and Michigan Fall on Tough Economic Times Flint, Michigan has been a city in decline. Hit hard by Michigan’s auto industry decline and the loss of jobs over the past 30 years, the population (and water customer base) had dropped 25 percent in the last 10 years, with vacant houses dotting the landscape. Finally in 2009, the city and state’s economic foundation came crashing down when both General Motors and Chrysler filed for bankruptcy. Adding to the state’s financial problems, in 2013 the City of Detroit became the largest city in U.S. history to file for bankruptcy.

Officials Finally Take Action in October 2015 Between March and October 2015 the EPA, state, and local water officials disagreed on the extent of the lead problem and still were reluctant to sound the alarm to continued on page 29

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Get the Lead Out continued from page 27 the general public. It wasn’t until October, after many well-known national water experts were brought in, that the city of Flint finally issued a formal notice to its residents and begin to distribute water filters and bottled water. That month Flint also discontinued using the Flint River as a drinking water supply, and switched back to the Detroit water system. Extensive testing of Flint schools and homes began along with blood testing of children. Preliminary estimates by the Flint Water Department indicated that between 8,000 and 10,000 homes (25 percent) still had old lead services and that thousands of young children had been exposed to high levels of lead. By December 2015 the Governor of Michigan declared the Flint lead drinking water situation a state of emergency. In January 2016, the Michigan Legislature appropriated $28 million to assist the city. Since the Flint lead problem was at this time a national disgrace, President Obama committed $80 million of federal funds to the effort. In March 2016 Flint began a program of replacing the lead service pipes financed by state and federal emergency funds with a goal of having all old services updated by 2018. As of early May 2016 the prog-

MAY, 2016

ress has been extremely slow with only 35 service replacements being completed. The slow pace has further upset Flint residents, as distribution of bottled water and testing of children’s blood levels continues.

Water Officials Being Held Accountable During February and March 2016 investigations of the managers and staff for all three water agencies – federal, state, and local – intensified. Accusations ranged from incompetence to willful cover-up and resulted in the resignations of the EPA Regional Director and some state DEP employees. In April 2016, the Michigan Attorney General’s office filed criminal charges against one city employee and two state DEP employees. There are certain to be additional resignations and indictments coming, as there seems to be plenty of blame to go around. Some Flint residents are even asking for Michigan Governor Snyder to resign. The first individual and class action lawsuits have already been filed, including one for $220 million on April 25 against the regional EPA office. There is literally no estimate at this time as to what this lead pipe and lead poisoning issue will end up costing the city continued on page 31

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Get the Lead Out continued from page 29 in human terms (children’s health, future care, and medical costs) and financial culpability.

How Does Flint’s Story Relate to Massachusetts and New England? The crisis in Flint has brought a new awareness about lead service pipes to the EPA Region 1 (New England states), state elected officials, and all agencies whose mission it is to manage and supervise public drinking water. It definitely has been a wake-up call for town managers, public works directors, and every public or private entity responsible for managing water systems and for distributing drinking water. Flint has brought awareness of the lead in drinking water problem to the general public, and it will most certainly resonate with parents of young children who are the most affected.

New England has Some of the Oldest Water Systems in the Country We all expect that our city or town officials are protecting us and that we have no worries about our drinking water quality. But how do we know? And what are federal, state, and local officials now doing to protect our families against the potential for lead in our drinking water?

Although New England is one of the oldest parts of the country with some of the oldest underground water systems, it is highly unlikely that the combination of events that occurred in Flint, Michigan could happen here on such a wide scale basis. Installation of old cast iron water mains that required lead joints was discontinued in the late 1960s. The lead joints alone can contribute to lead levels in the water, but not significantly. Depending on how much investment each city or town has committed to water infrastructure over the years, many of those original cast iron pipes have either been cement lined or replaced since their initial installation, eliminating most concerns about main line pipes leaching lead into drinking water. The primary source of lead contamination in Flint, however, is also the main concern for water officials in Massachusetts and New England – the individual lead pipe service connection between the main line and the home (or business, or school).

Where are These Lead Pipe Services, and Who Owns Them? A call to your local water department or drinking water supplier can usually answer both of these questions for your specific residence or business. continued on page 33

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Get the Lead Out continued from page 31 Usually the portion of the lead service between the city or town’s main water pipe and the property line is the responsibility of (and owned by) the town, or water system owner. In most, but not all cases, the portion of the water service line from the property line to the house or building is owned and maintained by the property owner. If your home was connected to a public water main prior to 1950, there is a significant chance that it has a lead pipe service line connection. In the 1950s and 1960s there were early concerns across the country that lead pipe service lines could be a health hazard and the use of the product curtailed and basically became obsolete by 1970. However, it wasn’t until 1987 that EPA banned the use of lead pipe service lines, as well as the use of lead solder in all new public and private plumbing installations. However, the 1987 federal ban on lead pipe service lines and use of lead solder did not result in a concerted effort by cities and towns and water suppliers to remove the old lead pipe service lines. As a result, in 1991 the EPA issued the Lead and Copper Rule, and updated it again in 2007. This rule put more emphasis on lead service pipe replacement. But implementation and enforcement of the rule by cities and towns was, and continues to be, very slow to develop. Unlike lead paint laws and penalties that exist, there have been

very few state or local laws promulgated that could have put some teeth into EPA’s Lead and Copper Rule. Of course, always in the background, removal of lead pipe service lines had a significant financial component.

EPA Increases Enforcement of Lead and Copper Rules The disaster in Flint Michigan has suddenly put federal, state, and local drinking water authorities on a fast track to locate and remove lead service pipe lines. In February 2016 the EPA directed all state water agencies to immediately begin enforcement of the Lead and Copper Rules issued in 1991 and 2007. continued on page 35

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Get the Lead Out continued from page 33 They requested that each state demand the following actions from every city and town: 1. An accurate inventory of the number of active lead services in the community. 2. Submission of the testing program being used by the water system owner. 3. Increased outreach to all residents about issues of lead in drinking water. 4. A plan for meeting the EPA Lead and Copper Rule, including lead service pipe replacements. 5. Increased reporting requirements. The quality of water system records and the water department capabilities vary greatly between municipalities. Satisfying EPA’s requests will be easy for some and difficult for others. The extent of the lead service pipe problem with each town will also vary because some communities have invested more into their water infrastructure over the years than others. A study released on March 10, 2016 by the American Water Works Association (AWWA) puts the nationwide count of lead water pipe service lines at about six million. (See AWWA Press Release on page 39.)

What is Being Done to Fund Lead Pipe Service Line Removal?

per day to 51 cities and towns in the greater Boston area, comprising about 2.2 million people and 5,500 businesses. The MWRA routinely performs tests on about 1,600 water samples per month and it has won many national awards for water quality. On March 21, 2016, the Board of Directors voted to establish a $100 million “Zero Interest” loan program. The new loan program is dedicated to funding local projects that will remove lead service pipes. The MWRA has directed their member communities to develop town specific programs that will result in removal of the entire lead sercontinued on page 37

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MassDEP: The State of Massachusetts, through its Department of Environmental Protection and with the support of the Baker/Polito Administration has just announced an additional $2 million in low interest loans that cities and towns can tap into and use for inventory collection, water testing, and lead service pipe removals. They have also announced that lead service pipe removal projects would now qualify for funding under the State Revolving Loan Program (SRF). Over the last two months the MassDEP has also instituted a program to test school drinking water at an aggressive pace. MWRA: The Massachusetts Water Resources Authority is the largest supplier of drinking water in the state. It supplies over 200 million gallons

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Get the Lead Out continued from page 35 vice line on both public and private property. Early feedback from member communities indicates about 28,000 lead services still exist throughout the MWRA district. Boston and the BWSC: The City of Boston has the largest population (650,000) and is one of the oldest cities in Massachusetts so you might suspect that they have a serious lead drinking water issue... not so. For many years the Boston Water & Sewer Commission (BWSC) has been a national model when it comes to investing in their water and sewer infrastructure. Over the last 40 years the BWSC has systematically either replaced or relined more than 90% of their 1,000 miles of water mains, removing any concerns about lead within the main line piping network. During every main line replacement project, all lead service pipes encountered were replaced back to the property line. The BWSC has an excellent database with detailed information on its 88,000 customer service lines. The number of lead service pipe lines remaining is about 5,000 – not an insignificant number, but much smaller than you would expect to find in older cities of similar size. Any resident of Boston can go to the BWSC website and search the data base for their home address and find out if they are serviced by a lead pipe. For many years BWSC has offered a water service rebate (essentially a grant) of $1,000 to any homeowner who wants to replace the privately owned portion of their lead service line. In March 2016, Boston Mayor Marty Walsh doubled the rebate program to $2,000 per service line. BWSC has long been a national leader on how to own and operate public water and sewer systems. As a result, BWSC Chief Engineer John Sullivan was called upon earlier this year by the City of Flint to spend several days assisting officials with solutions to their current drinking water lead levels.

In Summary Flint, Michigan has caused the EPA and every state to take notice of lead pipe service lines. EPA directives and solutions do not come without a price tag that will ultimately be paid by the taxpayers or water user fees. Boston and the MWRA are ahead of the curve because they have been investing in their systems for years and have a significant customer base to support those investments. It will be interesting to see over the next several months how other, less prepared and perhaps less financed, cities, towns and water agencies respond to the EPA directives. With such widespread publicity on the lead service pipe issue, and with the potential for both a serious health hazard and financial liability looming, it would seem that time is of the essence for every water system owner – large or small – to replace any existing lead pipe service lines. n

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AWWA PRESS RELEASE

Lead Service Line Analysis Examines Scope of Challenge

new analysis published March 10 by the American Water Works Association estimates 6.1 million lead service lines remain in U.S. communities, suggesting progress in lead service line removal over the past two decades but indicating an estimated $30 billion challenge remains. When the Lead and Copper Rule was instituted in 1991, the U.S. Environmental Protection Agency estimated there were 10.2 million lead service lines nationwide. “Communities have taken positive steps for more than two decades to reduce lead exposure from water and other sources,” said AWWA CEO David LaFrance. “But there is clearly much more to be done. The Flint crisis lays bare a simple fact: As long as there are lead pipes in the ground or lead plumbing in homes, some risk remains. As a society, we should seize this moment of increased awareness about lead risks to develop solutions for getting the lead out.” The study, titled National Survey of Lead Service Line Occurrence, is authored by David A. Cornwell, PhD, PE, BCEE, and Richard A. Brown, PE, of Environmental Engineering & Technology (EE&T, Inc), and Steve H. Via, AWWA regulatory affairs manager. The complete study is available online and a printed summary is included in the Journal - American Water Works Association’s April issue. “Approximately 7 percent of the homes connected to community water systems have a lead service line,” said Dr. Cornwell, president of EE&T. “There are about 15 to 22 million Americans nationally served by lead lines.” In most cases, lead service lines are owned partially by the water utility and partially by property owners. Other key takeaways from the study include: • The analysis suggests the number of remaining lead service lines could be as high as 7.1 million and as low as 5.5 million. • Approximately 11,200 community water systems currently have at least some lead service lines within their service areas. • Regionally, the largest concentration of remaining lead service lines is in the Midwest, with an estimated 3.4 million.

MAY, 2016

The analysis was based on results from two AWWA-sponsored surveys, one in 2011 and one in 2013. Combined responses were from 978 community water systems in 49 states plus the District of Columbia. The analysis was commissioned in 2015 by AWWA to assist EPA and others as they evaluate revisions to the Lead and Copper Rule. On March 7, AWWA’s board voted unanimously to support recommendations from the National Drinking Water Advisory Council (NDWAC) that strengthen the Lead and Copper Rule and will ultimately result in the complete removal of lead service lines. “The water community’s first priority is to provide safe water for everyone,” LaFrance said. “The AWWA board’s support for the NDWAC recommendations underscores the importance of protecting families today from lead exposure and a shared responsibility among utilities, customers, property owners and government for the complete removal of lead service lines over time.” Lead is unlike other potential contaminants in that it is rarely present in the water coming from treatment plants and water mains; rather it comes from lead service lines and home plumbing. Under the Lead and Copper Rule, utilities collect samples from homes thought to be of high risk for lead. They use results from those samples to indicate if the utility should adjust water chemistry to protect against lead leaching into the water. “If the average cost of replacing each remaining lead service line is $5,000 – a reasonable estimate – the collective cost could easily top $30 billion,” LaFrance said. “This is in addition to $1 trillion needed over 25 years to repair and expand buried drinking water mains. So as communities and as a broader society, we must advance a serious discussion on how we pay to get the lead out. “Part of this discussion must focus on affordability for customers,” LaFrance added. “Generally, water service is priced well below its value, but many families struggle to meet essential needs. Utilities and customers will have to work collaboratively in many cases to remove lead service lines. There may also be opportunities to learn from and expand existing government assistance programs that address other sources of exposure such as lead paint and dust.” n

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MWRA Board Approves $100 Million in Funding to Remove Lead Service Lines

he Massachusetts Water Resources Authority announced March 21 that its Board of Directors has approved a program to make available $100 million in interest-free loans to its member water communities to fully replace lead service lines. “I am proud that Massachusetts is taking proactive measures to ensure that residents have continued access to clean drinking water,” said Governor Charlie Baker. “The loans being provided by the Massachusetts Water Resources Authority will allow communities to take the steps necessary to modernize their drinking water infrastructure, and keep Massachusetts' families safe and healthy.” “By making $100 million in interest-free loans available to cities and towns within the Massachusetts Water Resources Authority service area, we are providing municipal leaders with the tools needed to ensure healthy, clean drinking for individuals and families around the Commonwealth,” said Lieutenant Governor Karyn Polito. “Clean, safe drinking water for the residents of the Commonwealth is a priority of the Baker-Polito Administration, and this investment of $100 million will help cities and towns in the MWRA service area proactively address aging lead pipes within their communities,” said Secretary of Energy and Environmental Affairs Matthew Beaton, who also serves as chairman of MWRA’s Board of Directors. “The zero-interest loans awarded to municipalities by the MWRA will allow them the flexibility to create their own local programs to fully remove lead service lines from the water main all the way to the home, and will in turn ensure individuals have access to safe, fresh, reliable drinking water.” MWRA has an aggressive and effective program to address lead in customers’ homes which includes a stable and well-protected water supply and an effective corrosion control program begun in 1996.

MAY, 2016

These efforts have resulted in the MWRA system, as a whole, being consistently below the Lead Action Level since 2004. However, some individual communities have exceeded the Lead Action Level and many homes still have lead service lines. “This program will help ensure that all residents of MWRA communities will continue to have safe drinking water, regardless of their ZIP code or the age of their home,” said Boston Mayor Martin J. Walsh. “Both MWRA and the City of Boston have been leaders in the country on reducing the risk of lead in drinking water,” added Austin Blackmon, Chief of Environment, Energy and Open Space for the City of Boston who serves as one of the city’s representatives on the Board and chairs the Water Policy and Oversight Committee.” The creation of this program is further proof of our commitment to ensuring the safest water possible for all of our customers.” The program was developed at the suggestion of the MWRA Advisory Board, which represents the interests of the cities and towns served by MWRA. MWRA already provides financial assistance to member communities to improve local water systems so that the high quality water that MWRA delivers can make it all the way to the consumer’s taps. “This is just another example of the partnership that exists between the Authority and the member communities,” said MWRA Advisory Board Executive Director Joseph Favaloro. “$100 million in available zero-interest loans will be a critical resource to our communities to eliminate lead services, meet regulatory requirements and allay public concerns over water quality at the tap.” MWRA is the process of updating a survey of community lead service lines, but current estimates are that as many as 28,000 – or 5.6 percent of the total 500,000 service lines – contain lead. continued on page 43

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MWRA continued from page 41 The estimated average cost to fully replace a lead service is typically between $3,000 and $5,000. Based on that estimate, MWRA believes the $100 million program should cover removal of all lead services in its service area. Partial replacements which remove only the portion in the street, but leave the portion on private property would not be eligible for the new program, as current research clearly indicates little public health benefit from a partial replacement. “We believe the best approach is to provide funds on an as-needed basis as communities make progress with their lead service line replacement programs,” said MWRA Executive Director Fred Laskey. “This will allow those communities that are successful in getting homeowners to participate to move quickly in replacing those lines.”

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Under the proposal, each community would develop its own program, tailored to their local circumstances. The pace of spending will depend on the level of interest by both communities and homeowners, and on any future regulatory requirements for lead service line replacement. The funds will be paid back to MWRA by communities over 10 years at zero interest. n

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What Is a Private Water

the body Service? e greatest Boston Water and Sewer Commission d pregnant It is the portion of the water Property won’t hurt Line service pipe running from ur Health d physical What IsWhat a Private WaterWater Water Is a Private ad inofthe ounts leadbody in thethe bodyproperty Main line into the Service? Service? s. Therisks. greatest health The greatest building. This pipe may beof en and pregnant ce? oung children and pregnant It is the of the water Itportion is the portion the water Property Property nts of lead that won’t hurt that won’t hurt in source made of or contain lead. LineLine Public Water Private Water service pipe running from service pipe running from w down mental and physical ntal and physical Service Service er through WaterWater n growing bodies. Main bodies. Main the property line into the s. Prior to the property line into the

Boston Water & Sewer Commission’s Lead Replacement Incentive Program

The Lead Replacement Incentive Program

plumbing eService? a Lead Service?

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Do to Reduce the Risk?

private lead water services. While to encourage Boston’s property owners to private replace water

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d in older y is not present in source made of or contain lead. Public Water Private Water esent in source ur property Public Water Private Water Service Service enter the tap water through made of or contain lead. Service Service ap water through uraged to Property lumbing materials. Prior to Who Is Eligible? The Program Line aterials. to plumbing and protect Public used for Prior exterior Private Property Water Boston Private property owners are eligible to participate Space xterior Lead Replacement Incentive Program exists Public Property uilding. nd can plumbing be foundMain inThe older Space in the Lead Replacement Incentive Program if all of to encourage Boston’s property owners to replace found line in at older e service your property the following conditions are met: What Is the Cost? private lead water services. While private water ehe at your property Risk? ad, you are encouraged to Whois Is Eligible? The are Program service connections the responsibility of the XXTheThe property served bythe a two-inch or smaller estimated cost of private lead water service enking encouraged gram to and replace itto and protect Who Is Eligible? The Program owner,Private Boston Water and Sewer Commission Boston property owners areafter eligible to participate Public Water Water water service pipe, which contains lead. replacement will be determined an initial review The Lead Replacement Incentive Program exists esidents in the building. ace it and protect h the waterService Service inproperty. the LeadEligible Replacement Incentive Program if all of (BWSC) has developed this voluntary grant program Boston property owners are eligible to participate to encourage Boston’s property owners to replace of the property owners may qualify The Lead Replacement Incentive Program exists XXThe water and sewer account for the property is the building. the following conditions are met: until the as an incentive to remove lead from water services. in athe LeadofReplacement for credit up to $2,000Incentive towardsProgram the cost ifofall theof

and not delinquent. Financial assistance in the form of are a credit up to service connections the responsibility of theactive especially Public the following met: replacement byconditions enrolling inare this program. XXThe property is served byvoluntary a two-inch or smaller Private private lead water services. While private water ucewater the old for drinking$2,000 and Property SpaceRisk? towards the cost of the replacement and the owner, Boston Water and Sewer Commission water service pipe, which contains lead. ater for a XXThe property owner agrees to have the work service connections are the responsibility of the XXThe property is served by a two-inch or smaller ore drinking, water to pay interest-free (BWSC) has over developed this voluntary a 48-month periodgrant programdone drinking flush and theability How Can I Pay? by BWSC. eror remains owner, Boston Water toand Sewer Commission XXThe water pipe, and sewer forlead. the property is water service whichaccount contains running the tap until the as an incentive remove lead from water services. are available to eligible property owners. g, flush the water developed this voluntary grant greater thetouch, especially (BWSC) has owners the ability physical to pay for the active andwill nothave delinquent. Financial assistance in the form of program a credit up Xto XTheProperty work presents no extraordinary d to the Is anEligible? XXThe water and sewer either: account for the property is ee water. tap until the Who as incentive remove services. lead service replacement $2,000to towards thelead costfrom of thewater replacement and theobstacles. not used the water for a XXThe property owner agrees to have the work active and not delinquent. Financial assistance in the form of a credit up to Boston property owners are eligible to participate ability to pay interest-free over a 48-month period ouch, especially ogram exists water remains donesum by BWSC. The longer XXIn a lump rigerator at the rightpayment to determine eligibility of $2,000 towards theIncentive cost of the replacement are available to eligible property owners. in the Lead Replacement Program if all ofand the BWSC reserves the XXThe property owner agrees to have the work to water replace ars lead pipe, for the a greater the XXThe work presents no extraordinary physical a property. ability to pay interest-free over a 48-month period the following conditions are met: XXInterest-free, over a 48-month period as part of done by BWSC. private water rcan water remains leach into the water. are available to eligible property owners. obstacles. the water and sewer bill ibility of the ,terthe greater the X X The property is served by a two-inch or smaller service. XXThe work presents no extraordinary physical ofCommission water in the refrigeratorwater at service pipe, which contains lead. BWSC reserves the right to determine eligibility of nto the water. obstacles. a to property. How Apply

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XXThe water and sewer account for the property is ater refrigerator services. the at service. reserves theLead right Hotline to determine eligibility of apply, call the at 617-989-7888. Lead Hotline: 617-989-7888 To•BWSC www.bwsc.org r private lead water active and not delinquent. credit up to a property. Your property will be reviewed. Once the cost is use.

ment and the ad water service. month period rs.

XXThe

property owner agrees to have the work done by BWSC.

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work presents no extraordinary physical obstacles.

to October and is subject to availability.

Lead Hotline: 617-989-7888 • www.bwsc.org Additional Information

BWSC reserves the right to determine eligibility of a property.

: 617-989-7888 • www.bwsc.org

2016

determined, you may enroll, if eligible. Service

Lead Hotline: 617-989-7888 www.bwsc.org replacement•work is generally performed from April

For more information, call the Lead Hotline at 617-989-7888.

Bo Sew

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Supplemental Information

980 Bos ww

Boston Public Health Commission www.bphc.org 617-534-5395

Environmental Protection Agency www.epa.gov/lead 1-800-424-LEAD (5323)

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Massachusetts Water

Mar May

www.mass.gov/eea/ agencies/massdep/water/ E-mail: Program.DirectorDWP@state.ma.us 617-292-5770

www.mwra.com 617-242-LEAD (5323)

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MAY, 2016

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UCANE Members Help the City of Cambridge and MWRA Achieve Major Milestone in Boston Harbor Cleanup

he City of Cambridge Department of Public Works The construction duration was 5 years and the contracts (CDPW) and its consultant project team recently were managed by the City Department of Public Works met a major milestone, completing the complex with design and construction supervision by its consultant $100 million Alewife Sewer Separation Projects ahead of team of Kleinfelder, Inc., MWH Global, and Chester Engithe December 2015 court ordered construction deadline. neers. The massive project reduced combined sewer overflows (CSOs) to Alewife Brook $15M P. Gioioso & Sons, Inc. 2011-13 and, in turn, improved the water quality of Cont. #12 Outfall & Wetland Basin Cont. #8A Huron St. Area - Section A $16M P. Gioioso & Sons, Inc. 2012-15 the Mystic River and Boston Harbor. The Alewife Sewer Separation Proj- Cont. #8B Huron St. Area - Section B $30M Barletta Heavy Division 2013-16 ect, 20 years in the making, is a vital part Cont. #9 Concord St. Area $24M P. Gioioso & Sons, Inc. 2014-16 of the Massachusetts Water Resources Authority’s (MWRA) federally mandated Long-Term Control Plan (LTCP). In 1996, Cambridge Once the Wetland Basin Project was completed, the and MWRA entered into a Memorandum of UnderCambridge team set their sights on separating the sewstanding and Financial Assistance Agreement by which ers in three Cambridge neighborhoods (Huron A, Huron the City of Cambridge agreed to design and construct B, and Concord Ave.). This effort was labeled CAM004. projects within MWRA’s CSO control plan that would be The objective was to help reduce typical rainfall year owned and operated by the City. CSO volume to the Alewife Brook, a tributary to the MysThe actual construction of the Alewife project was brotic River and Boston Harbor, by 85%. This would be acken into four main components, all done by UCANE memcomplished by redirecting a majority of storm flows in bers Barletta Heavy Division and P. Gioioso & Sons, Inc. those neighborhoods to the Wetland Basin Project.

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MAY, 2016

Community Connections

wen O’Riordan, CDPW Commissioner of Public Works, reflected on the enormity of bringing major infrastructure upgrades into well-established neighborhoods and public resource areas, saying, “Since beginning this project in 1998, we’ve been through an enormously arduous permitting and legal process as well as a huge public outreach effort to make sure the individual elements of this program were successful and accepted by the community.” Prior to the CAM004 Sewer Separation Project, over 13 miles of combined sewers conveyed a mix of sanitary and stormwater flows to MWRA’s interceptor system that follows the Alewife Brook in West Cambridge. In large storms, combined flows can exceed the capacity of the interceptor system causing discharge of combined sewage to the Alewife Brook at several CSO outfalls owned and operated by Cambridge, MWRA, and the City of Somerville. These CSOs protect upstream sewers from backing up into homes and businesses or overflowing onto streets during large storms. The wastewater infrastructure in the CAM004 area serves over 10,000 people in a tightly congested area bounded by Harvard University to the south, Fresh Pond (part of Cambridge’s water supply) to the west, the Massachusetts Department of Conservation and Recreation’s Alewife Reservation to the north, and residential and commercial areas along Massachusetts Avenue to the east. Much of the combined sewer system was originally constructed over 100 years ago. While the overarching goal of the sewer separation project was to improve water quality in the resource waters, objectives also included: 1. Maximizing the removal of stormwater from the sewer system to facilitate the permanent closure of CSO Outfall CAM004, 2. Reducing the risk of sewer system backups in the neighborhoods and the Fresh Pond water supply area, 3. Redirecting the separated stormwater to the Little River upstream of Alewife Brook, 4. Eliminating illicit sanitary connections to the storm drain system, 5. Avoiding adverse flow or water quality impacts of the separated stormwater on the Little River and Alewife Brook. In order to achieve the sewer separation work within a tight federal court ordered schedule that required substantial completion of the project by December 31, 2015, the project team coordinated multiple construction activities in the Huron A, Huron B, and Concord Ave. neighborhoods. At times, over 20 utility crews were working simultaneously. The project team took exceptional care to facilitate a safe and efficient logistics plan that sequenced multiple crews with the least impact on traffic and the community.

MAY, 2016

Sewer and storm drain construction The sewer separation project also improved capacity in the sanitary sewer system by eliminating hundreds of sources of private property inflow such as discharge from sump pumps, area drains, and roof drains. Approximately 200 properties received private property inflow, removal work, which required close coordination with each property owner. In addition to the water quality benefits of the sewer separation program, the project team identified and replaced or rehabilitated other sewer, drain, water, and gas infrastructure that were in need of structural rehabilitation for long-term safety and reliability. The subsurface utility work in each street will be followed by “complete streets” streetscape modifications consisting of full depth pavement reconstruction, new sidewalks, landscaping, lighting and traffic calming measures, along with green infrastructure, where possible, to further enhance water quality improvements. Green infrastructure will include stormwater bumpouts, bioretention basins, and porous pavement. The remaining surface restoration work will continue into 2017. continued on page 51

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MAY, 2016

Alewife continued from page 49

Stormwater from the CAM004 neighborhoods is conveyed to the Alewife Stormwater Wetland, where the water is stored and treated before it drains to the Little River on its way to the Alewife Brook.

A Job Well Done

ow complete, the sewer separation project and infrastructure upgrades ensure that stormwater from these areas will no longer contribute to combined sewer overflows to the Alewife Brook, helping to lower CSO activations along the Brook from more than 60 events before the project to no more than 7 events in a typical rainfall year and reduce annual CSO discharge volume from 50 million gallons to 7 million gallons. Stormwater from these neighborhoods is now conveyed to the Alewife Stormwater Wetland. Completed in 2013, the Wetland stores and treats stormwater from the neighborhood. The wetland includes several interdependent and complementary elements for stormwater treatment, as well as passive devices and controls to support pre- and post-peak stormwater discharge rates. The wetland system allows sediment in the stormwater to settle in a forebay designed for efficient, periodic sediment removal by the city. From there, the stormwater enters the main wetland basin, where additional contaminants are absorbed by native plants, further improving the quality of the stormwater that drains slowly to the Little River and, in turn, Alewife Brook. “Given the challenges associated with the project,” says O’Riordan, “we welcomed the robust team of consultants and contractors who worked together to complete this effort, keeping the ultimate goal in mind. Beyond the significant system improvements, we have new and innovative technologies that range from an automatic sewer and stormwater flushing system and controlled flow diversion structures to green infrastructure and an impressive, large stormwater wetland.”

MAY, 2016

The Boston region, the Mystic River Watershed, the City of Cambridge, and individual neighborhoods will benefit for generations from these improvements. When surface restoration is complete, the city and its neighborhoods will have improved and reliable infrastructure and utility services; more accessible streets and sidewalks for people of all abilities; and improved environmental and aesthetic features with over 400 new street trees. In his order of December 21, 2015, Richard G. Stearns, the U.S. District Judge for Massachusetts charged, with overseeing implementation of the MWRA’s CSO control plan, wrote, “The City of Cambridge and its Department of Public Works deserve high praise for their efforts in overcoming the delays that had threatened the timely completion of CAM004 sewer separation, the last of the 35 capital projects in the MWRA’s comprehensive CSO Program.” “The City of Cambridge has been a great partner in meeting the mandates of the Federal Court Order,” said Fred Laskey, MWRA’s executive director. “We are grateful to Cambridge for its hard work in overcoming a very complex project with a tight construction schedule. The completion of the last of the 35 CSO projects marks a major achievement for improved water quality in the Mystic, Charles, and Neponset Rivers and the beaches of Boston Harbor.” By John J. Struzziery, P.E., Senior Program Manager, Kleinfelder; Duke Bitsko, RLA, Principal Landscape Architect and Director of Interdisciplinary Design, Chester Engineers; and Emerson Olander, P.E., Project Technical Lead, MWH Global n

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7/1/2016 Massachusetts Workers’ Compensation Rate Change The Massachusetts Commissioner of Insurance has approved a stipulation for the general revision of workers’ compensation rates, effective 12:01 A.M., July 1, 2016. The rate change will affect new and renewal policies with an anniversary rating date of July 1, 2016 and after, including all policies in the Massachusetts Workers’ Compensation Assigned Risk Pool. The anniversary rating date is commonly the effective date of the policy, but can be different if a policy is canceled and rewritten or if there are multiple policies.

spection Bureau of Massachusetts, on their Class Code Lookup page. The manual rates by industry group decreased 0.2% for manufacturing, increased 1.3% for construction, increased 3.0% for office and clerical, increased 1.6% for goods and services and increased 1.3% for miscellaneous. The changes by class, even within the same industry group, vary substantially.

Average Rates

There were also changes in the Weight and Ballast Tables used in calculating experience factors and the per claim accident limitation increased from $175,000 to $210,000.

The overall average increase of 1.5% will vary by industry group as follows; manufacturing, 0.1% increase; construction, 0.7% increase; office and clerical, 3.6% increase; goods and services 2.0% increase and miscellaneous 1.8% increase. Average rates include adjustments for experience factors, the construction class credit and other factors.

Experience Rating Plan Changes The Experience Rating Plan Expected Loss Rates and D-Ratios have also changed. These rates and ratios are used in calculating experience rating factors (experience mod. and ARAP) and are a significant component in determining the final premium for an experience-rated risk. Expected loss rates used in calculating experience factors decreased by an average of (0.8%) over all industry groups.

Change in Manual Rates

A risk is eligible for experience rating when the payrolls or other exposures developed in the last year or last two years of the experience period produced a premium of at least $11,000. If more than two years, an average annual premium of at least $5,500 is required.

Following is a list of the more common classifications we work with and the new manual rates per $100 of payroll. The rates for all Massachusetts classes can be found at www.wcribma.org, the web site of the Workers’ Compensation Rating and In-

Experience mods and ARAPs already issued effective 7/1/16 or after on a preliminary basis will be recalculated to reflect the new Expected Loss Rates. continued on page 54

MAY, 2016

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Insurance Perspectives continued from page 53

Small Deductible Credits The premium credits applicable to the election of small deductibles under either the Massachusetts Benefits Deductible Program or the Massachusetts Benefits Claim and Aggregate Deductible Program have been revised. The deductible credits will be:

Benefits Deductible Coverage Program Deductible Amount

Credit

$500

1.9%

$1,000

3.1%

$2,000

4.7%

$2,500

5.4%

$5,000

7.9%

Benefits Claim and Aggregate Deductible Program

Other Factors There were changes to the Retrospective Rate Plan as well as an overall rate decrease in F-Classes of 9.1% and a decrease in the United States Longshore and Harbor Workers’ (USL&H) factor for non-F classes to 23.1%. For details, see the Bureau’s web site at www.wcribma.org. There were no changes in the following: • Expense Constant • Loss Constant • Admiralty Law and Federal Employers’ Liability Act classifications • Merit Rating Program • Massachusetts Construction Classification Premium Adjustment Program • Premium Discount Tables A and B

It is important to remember this rate change will affect each insured differently and the premium changes will vary. Please consult with your account handler to review how this change will affect you. continued on page 55

Under this program, a per claim deductible of $2,500 applies subject to an aggregate of $10,000. For policies with an estimated annual standard premium over $200,000, the aggregate is 5% of the estimated annual standard premium.

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Payroll Caps Executive officer minimum and maximum individual payroll limitations, now $10,400 minimum and $52,000 maximum, will be revised with the Statewide Average Weekly Wage (SAWW) effective October 1, 2016 and annually thereafter. The limitations will change to reflect the observed percentage change in the SAWW over the previous year’s SAWW.

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MAY, 2016

MASSACHUSETTS WORKERS’ COMPENSATION RATES Select Rates per $100 of Payroll Class 5472 5473 1463 8058 5703 5437

Description Asbestos Removal Asbestos Removal NOC Asphalt Works & Drivers Building Material Dealers - Store Building Raising or Moving Carpentry - Cabinet Work, Interior Trim, Wood Flooring Carpentry - Detached Dwellings Carpentry - Dwellings, Three Stories or Less Carpentry - Shop Carpentry NOC Cleaner Debris Removal Clerical NOC Concrete - Bridge Construction Concrete Construction NOC Concrete Floors, Driveways Concrete Work - Private Residence Conduit Construction-Cable or Wires Contractors Permanent Yard Drainage or Irrigation Systems Drilling NOC Drivers NOC Electrical Wiring Engineer or Architect - Consulting Excavation / Grading of Land Executive Supervisor Fence Erection Fuel & Material Dealer Gravel & Sand Digging Jetty or Breakwater Construction Landscape Gardening Masonry NOC Millwright Work NOC Mobile Crane Hoisting Service Outside Sales Painting or Paper Hanging NOC Pile Driving Plumbing NOC Quarry NOC Sewer Construction Sheet Metal Work - Shop & Outside Sign Mfg - Erection, Repair, Maintenance Sign Mfg - Metal Street Cleaning Street or Road Construction Street or Road Paving Trucking NOC Water / Gas Main or Connection Construction Waterworks Operation Welding NOC

5645 5651 2802 5403 5610 8810 5222 5213 5221 5215 6325 8227 6229 6204 7380 5190 8601 6217 5606 6400 8232 4000 6005 0042 5022 3724 9534 8742 5474 6003 5183 1624 6306 5538 9552 3064 9402 5507 5506 7219 6319 7520 3365 NOC = Not Otherwise Classified

MAY, 2016

9/1/07 Rate

9/1/08 Rate

9/1/10 Rate

4/1/14 Rate

$7.21 $12.86 $6.16 $2.89 $22.18

$7.22 $12.48 $6.06 $3.45 $26.58

$8.75 $12.60 $7.53 $2.71 $26.72

$8.98 $11.70 $8.27 $2.58 $24.80

$9.27 $10.25 $8.98 $2.44 $21.41

% Change 14 to 16 3.2% -12.4% 8.6% -5.4% -13.7%

$5.60

$5.93

$5.23

$4.86

$5.52

13.6%

$6.80 $6.80 $4.29 $11.46 $5.28 $0.12 $8.62 $19.51 $6.57 $4.98 $3.39 $3.05 $4.19 $11.05 $6.22 $3.20 $0.31 $4.19 $1.70 $6.07 $4.78 $5.59 $4.25 $3.84 $10.81 $5.67 $6.06 $0.20 $4.79 $14.68 $3.98 $4.13 $5.55 $5.15 $6.94 $2.88 $5.24 $6.35 $5.81 $7.13 $5.41 $3.83 $9.98

$7.50 $7.50 $4.35 $11.92 $5.83 $0.12 $8.43 $21.45 $6.62 $5.07 $3.61 $3.24 $4.17 $9.81 $5.56 $3.17 $0.33 $4.17 $1.75 $6.33 $4.87 $5.31 $5.09 $4.23 $11.62 $6.79 $6.95 $0.20 $5.01 $14.99 $3.88 $4.77 $6.28 $5.74 $8.29 $3.04 $5.49 $6.26 $6.96 $7.68 $5.14 $3.29 $9.72

$8.68 $8.68 $4.63 $9.61 $5.43 $0.09 $8.70 $18.85 $6.24 $5.33 $4.38 $3.93 $4.35 $9.67 $5.71 $2.84 $0.26 $4.35 $1.62 $7.05 $4.43 $4.82 $6.01 $4.03 $10.55 $5.48 $5.60 $0.15 $5.09 $12.92 $3.50 $5.33 $7.61 $5.72 $8.35 $3.08 $4.92 $7.05 $7.05 $8.28 $4.86 $3.15 $9.67

$8.06 $8.06 $3.93 $9.86 $5.57 $0.08 $8.93 $17.50 $6.40 $4.95 $4.49 $4.03 $4.46 $9.01 $6.17 $2.74 $0.29 $4.46 $1.66 $6.55 $4.75 $4.41 $6.16 $4.11 $9.80 $5.09 $5.75 $0.16 $5.22 $11.99 $3.25 $5.34 $7.81 $5.31 $7.92 $2.61 $5.40 $7.24 $7.09 $9.10 $4.66 $3.46 $8.98

$8.11 $8.11 $4.42 $11.00 $6.49 $0.07 $10.40 $15.46 $6.77 $5.65 $4.79 $4.70 $4.56 $7.78 $6.08 $2.61 $0.27 $4.53 $1.87 $6.00 $5.53 $4.29 $6.52 $4.09 $9.70 $4.99 $6.70 $0.16 $5.66 $10.46 $3.45 $4.64 $9.10 $4.58 $6.94 $2.84 $4.80 $7.64 $6.85 $9.77 $4.48 $3.16 $7.75

0.6% 0.6% 12.5% 11.6% 16.5% -12.5% 16.5% -11.7% 5.8% 14.1% 6.7% 16.6% 2.2% -13.7% -1.5% -4.7% -6.9% 1.6% 12.7% -8.4% 16.4% -2.7% 5.8% -0.5% -1.0% -2.0% 16.5% 0.0% 8.4% -12.8% 6.2% -13.1% 16.5% -13.7% -12.4% 8.8% -11.1% 5.5% -3.4% 7.4% -3.9% -8.7% -13.7%

7/1/16 Rate

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MAY, 2016

IN THIS ISSUE

John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

• Health Insurance and Divorce • Fun and Games...and Taxes • New Law May Boost C Corporations

Smart Tax, Business & Planning Ideas from

Health Insurance and Divorce

oing through a divorce can be a stressful experience, and some items may be overlooked. Nevertheless, if you are in this situation, you should be sure to pay some attention to future health insurance. Medical bills and health insurance premiums can be extremely expensive; any lapse in coverage might lead to a financial crisis. The fine points of paying for health insurance after a divorce will vary by your specific circumstances, including the terms of current coverage and state law. That said, here are some general thoughts to help you in this area. For Covered Employees In many families, Spouse A and Spouse B are married; the health insurance is provided through a group plan from Spouse A’s employer. If you are Spouse A, you should notify the appropriate person at your company when divorce proceedings are initiated. Removing Spouse B from the coverage may save you money by lowering the insurance premiums, even if you continue to carry the children on the policy. Your spouse may ask you to continue his or her coverage but that’s probably not feasible. After a divorce, your ex-spouse generally won’t qualify for family coverage on your plan. Disconnected from family coverage, Spouse B

MAY, 2016

Spouse A’s empl Spouse A, you s appropriate pers when divorce pr initiated. Remov the coverage ma lowering the ins even if you cont children on the Your spouse m continue his or that’s probably n a divorce, your e won’t qualify for might request that you pay the premiums for ongoing Going through a divorce can be a your plan. health insurance, as part of the divorce negotiation. stressful see experience, and somecan items from If possible, if that amount be included inDisconnected an may be overlooked. Nevertheless, if you alimony agreement because alimony you pay Spouse will be B might requ are in this situation, you should be sure premiums for ongoin tax deductible. to pay some attention to future health as part of the divorce For Covered Spouses insurance. Medical bills and health possible, see if that a On the other hand, can yoube might be Spouse B, cov- in an alimo insurance premiums extremely included eredexpensive; by healthany insurance Spouse lapse in from coverage mightA’s workplace. because alimony you Afterlead a divorce, you likely so to a financial crisis. will lose that coverage, deductible. you won’t have health insurance. The fine points of paying for health Forwith covered spo insurance after a divorce vary If you’re employed andwill work forbya company a health plan, you can go onto that plan. On the other hand, y your specific circumstances, including the However, without an opportunity, your best covered by health i termssuch of current coverage and state law.choiceB,might be to rely on the Consolidated Omnibus Budget RecThat said, here are some general thoughts Spouse A’s workplace onciliation known as COBRA. likely will lose that co to help Act, you in this area. have health insurance COBRA, a federal law, requires companies with For covered employees If you’re employed 20 or more employees to continue group health insuranceInto certain parties, including divorced spouses. many families, Spouse A and Spouse company with a healt B are married; the health insurance is onto 61 that plan. Howe continued on page provided through a group plan from opportunity, your bes

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MAY, 2016

Financial Management continued from page 59

Trusted Advice

Many states have similar laws that cover firms with fewer employees. However, COBRA has certain drawbacks. You’ll have to pay premiums calculated at 102% of the plan’s cost, which probably will be much more expensive than the often-subsidized group coverage provided to employees. Beyond cost, COBRA for ex-spouses will last no more than 36 months. After that, you’ll have to supply your own health insurance. Even with these concerns, COBRA can be a worthwhile stopgap while you seek coverage of your own. To qualify, you must notify the administrator of the group plan within 60 days of being divorced. Once you’re on COBRA, you can take the time to seek alternative health insurance, perhaps via the Affordable Care Act exchanges.

Seek Advice You should retain a knowledgeable attorney to help you negotiate the terms of a divorce, and that advice should cover future health insurance—whether you are Spouse A or Spouse B. Maintaining coverage is vital. continued on page 63

Taxes and Divorce • If you pay alimony under a divorce or separation agreement, you may be able to deduct the payments, as long as they qualify as alimony for federal tax purposes. • Among several requirements for payments to be considered alimony, the divorce or separation agreement must require the payments be made, and there must be no liability to make any payments for any period after the recipient spouse’s death. • If you get alimony from your spouse or former spouse, you report the payments as taxable income. • If you pay child support, those payments are not deductible. • If you receive child support, the money you receive does not have to be reported as taxable income.

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❖ If you receive child support, the money you receive does not hav

Financial Management continued from page 61

Fun and Games… and Taxes

Fun and Games...and Taxes

s 2016 began, people were lining up to buy tickets for the Powerball lottery, which eventually reached a total prize of $1.58 billion. Many states have lotteries, and countless participants win prizes, albeit usually much smaller than the Powerball jackpot. Are such winnings taxable? The answer, in a word, is yes. (As an exception to this rule, some states exempt their lottery winnings from state income tax.) According to the IRS, lotteries are a form of gambling, along with pastimes such as raffles, horse racing, and casino games. Cash winnings are taxable income, as is the fair value of prizes such as cars and trips. All of your gambling winnings must be declared on Form 1040 of your tax return as “Other Income.”

total prize of $1 Many states hav and countless pa win prizes, albei much smaller th Powerball jackpo such winnings ta answer, in a wor (As an exception rule, some states their lottery win state income tax Gambling winnings are taxed as orAccording to th lotteries are a for dinary income, with tax rates as high as As 2016Some began, people lining such gambling, along with pasti 39.6%. largewere winnings, as lotup topayouts, buy tickets can for thebe Powerball as raffles, horse racing, and tery spread over many lottery, which eventually reached a games. Cash years, which also spreads the tax bill.winnings are

Taking a smaller amount in consecutive years may reduce the effective tax rate on those winnings. 2 continued on page 65

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MAY, 2016 43

Financial Management continued from page 63 How Winnings are Reported Depending on the activity, gambling winnings of a certain size will be reported by the payer on Form W-2G, which is sent to you as well as to the IRS. Larger winnings are subject to withholding, generally at a 25% federal rate; state tax also may be withheld. Example: Lois Martin wins $10,000 in her state’s lottery. Of her winnings, $2,500 (25%) is withheld for the IRS while $500 (5%) is withheld for her state. Thus, Lois receives $7,000 upfront. When Lois files her tax return for the year, her $10,000 lottery income, as well as the $2,500 and $500 amounts paid in tax, will be included in calculating her federal and state income tax obligation.

Gain From Losses

of winnings she reports: $10,000 in this example. The excess $1,000 can’t be carried over to future years. On the bright side, gambling losses aren’t subject to the various limitations on some miscellaneous itemized deductions.

Loss Lessons As is the case with any tax deduction, you’ll need evidence to support the amount of the gambling losses you claim, in case your return is questioned. Your best plan is to keep a detailed log of all gambling activities, showing winnings and expenses, as well as tangible items such as lottery tickets and betting slips. Moreover, you should use gambling losses as tax deductions only if the total of all your itemized deductions exceeds the Area standard deduction you’re entitled to claim. Boston Locations continued on page 66

Suppose, in this scenario, that 2 Dexter Street Lois buys $10 worth of lottery tickEverett, MA 02149 ets every week, or $520 a year. Can Boston Area Boston Area she net that amount against her winLocations Locations 431 Second Street nings, to reduce the tax she’ll owe? Everett, MA 02149 2 Dexter Street 2 Dexter Street Not directly. The amount to be Everett, MA 02149 Everett, MA 02149 reported under “Other Income” is the gross amount of your gambling 431 Second Street winnings for the year. That includes 431 Second Street all of your winnings, not just those Everett, MA 02149 Everett, MA 02149 reported on Form W-2G. Note that BOSTON AREA LOCATIONS this amount will be counted in your 2 Dexter Street 431 Second Street Everett, MA 02149 Everett, MA 02149 adjusted gross income (AGI), and an increased AGI may reduce your ability to use certain tax benefits elsewhere on your tax return. In order to get any tax benefit from her $520 in lottery purchases, Lois must itemize deductions on Schedule A of her Form 1040. On this form, her lottery purchases can be included under “Other Miscellaneous Deductions.” Thus, Lois will Minichiello Bros./Scrap-It, Inc., reduce her taxable income from her Minichiello Bros./Scrap-It, Inc. lottery win and trim her tax bill. Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal The gambling losses that Lois and processors sellers of scrap metal. For over 60 years has our remained remained the same - to in provide the best along prices in thetop industry along with the not same - tohas provide the best prices the industry with notch can report on Schedule A are top notch service! Fred Rogers at 617-595-5505 Callcustomer Fred Rogers at Call 617-595-5505 limited to lottery purchases,customer even service! Minichiello Bros./Scrap-It, Inc., if her only winnings are from a lotMinichiello Bros./Scrap-It, Inc., tery. She can report all of her losses Serves over 2500 customers a week and is one New England's largest buyers, from casinos, horse races, and Susellers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers per Bowl bets, and so on,the up same to the- to provide the best prices in the industry along with top notch sellers and processors of scrap metal. For over 60 years our goal has remain $10,000 she has reported as win-service! Call Fred Rogers at 617-595-5505 customer the same - to provide the best prices in the industry along with top notch nings. That is, the gambling losses customer service! Call Fred Rogers at 617-595-5505 you report on Schedule A of Form 1040 can be no greater than the gambling winnings you report. Turn your metal into money today! Suppose Lois has $11,000 in Turn your metal into money today! Minichiello Bros. Inc./Scrap-It Inc. gambling losses for the year. She Minichiello Bros. Inc.,/Scrap-It Inc. can deduct losses up to the amount

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Financial Management continued from page 65

New Law May Boost C Corporations

s explained in the April 2016 Financial Management article, the recently-signed Protecting Americans from Tax Hikes Act of 2015 reinstates some expired tax benefits retroactively and makes them permanent. On the list is the 100% tax exclusion of the gain from sales of qualified small business stock (QSBS). Example 1: Nick Oliver creates a company in 2016 and sells all the stock in it in 2022 for a $3 million gain. If the stock meets the requirements to be QSBS, Nick will owe no tax on that $3 million profit. (In most cases, tax-free gains of QSBS are capped at $10 million.)

Nick an IRS penalty for unreasonable compensation, yet retaining the dividends in the company might lead to the accumulated earnings tax. With an LLC or an S corporation (assuming requirements are met), there is no corporate income tax and no need for planning around it. The company’s profits are taxed once, on the owners’ personal income tax returns. What’s more, many closely held companies will report operating losses, especially in the early stages of the business. S corporation and LLC owners may be able to deduct those losses on their personal tax returns, but that opportunity is not available to C corporation shareholders.

Blocked at the Exit Even if you decide to structure your company as a C corporation, and if a profitable sale of the business becomes a possibility, you still might not be able to enjoy tax-free gains. That’s because QSBS treatment relies upon the sale of stock in the business. However, shares of stock might not change hands when a small company is acquired. Often, a buyer will prefer to purchase the assets of a company, rather than the shares. Purchasing all of a company’s assets effectively transfers ownership of the business to the buyer. Taxes play a role in this buyer preference. After an asset purchase, the basis in those assets often can be stepped up to market value, which may procontinued on page 67

The Devilish Detail A five-year holding period for the stock is required; however, the main obstacle to tax-free gains may be the structure of the business. Among other things, for the 100% exclusion to apply, the QSBS rules require the taxpayer to sell stock in a C corporation that was originally issued after September 27, 2010. Consequently, selling shares of an S corporation or membership units of a limited liability company (LLC) won’t generate tax-free QSBS treatment. With that in mind, should entrepreneurs structure their companies as C corporations? Is the lure of potential tax-free gains sufficient to choose this type of entity?

C Corporation Drawbacks With a C corporation, double taxation can be an issue. Example 2: Suppose that Nick Oliver runs his business as a C corporation; if so, the company’s profits would be exposed to the corporate income tax. Then, if Nick distributes the profits to himself, he’ll owe tax on those dollars at ordinary income rates. Meanwhile, Nick’s company gets no deduction for the dividend payout. Efforts to avoid this double taxation may lead to problems. Paying the profits to himself as a tax-deductible salary or bonus may bring

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Financial Management continued from page 66 vide the new owner with valuable depreciation deductions. Perhaps more important, buying stock could result in the assumption of unknown liabilities. Environmental issues may surface in the future; claims for prior damages might be filed. Although such concerns may be addressed in a stock purchase agreement, the possibility of future exposure could cause buyers to shy away. In our example, Nick might operate a C corporation for many years, dealing with double taxation, only to eventually exit via an asset sale and lose the QSBS tax exclusion.

Did You Know?

he percentage of workplace retirement plan participants with loans and the percentage of assets loaned have reached their lowest rates in more than a decade. Only 14.6% of participants have an outstanding loan balance; only 0.7% of all plan assets are held in loans. Source: Plan Sponsor Council of America

Reaching a Decision Generally, entrepreneurs who intend to hold onto a business for the long run, perhaps passing it on to family members, may be well served with an LLC or S corporation structure. Conversely, those who hope to attract outside investors, grow the business rapidly, and ultimately go public might prefer to run a C corporation. The possibility of tax-free gains can be another factor, tipping the scales towards a C corporation. Specific circumstances will vary from one company to another. Reprinted from CPA Client Bulletin. n

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