Construction Outlook May 2023

MassDEP Releases FINAL CY2023

Clean Water & Drinking Water SRF Lists

Totaling $1.34 Billion

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In Times of Economic Uncertainty, Investment in Water Infrastructure is Crucial for a Stronger Economy

We promote our #InvestInWater campaign loudly and often at UCANE. We say “Don’t let out of sight be out of mind.” We highlight how it is the forgotten infrastructure, and how most people do not think about it unless a water or sewer main break disrupts their day, or if their faucet doesn’t turn on, or their toilet won’t flush. There is a universal awareness of the impact access to clean water has on our health and our day to day lives. However, what is often overlooked is the critical role water infrastructure has on economic development.

One need only visit the Seaport district to get a sense of what the cleanup of Boston Harbor has done for the City of Boston. Other areas of Boston are being developed as well, and the economic impact for the city and region is immeasurable and will be felt for decades to come. It is the best example of the benefits of investing in water infrastructure. A study by the Woods Hole Oceanographic Institution put the return on that $4.7 billion investment at anywhere between $30 billion and $100 billion.

According to a study by the American Society of Civil Engineers, if we fail to invest in our water infrastructure, nationally the businesses that are most reliant on water will spend $250 billion in 2039 on water service disruptions. As water infrastructure deteriorates, street flooding, water service disruptions, and damage from storms will increase. Costs incurred by American households due to water and wastewater failures would be seven times higher in 20 years than they are today. If the nation closes the water infrastructure investment gap, the US GDP would grow by $4.5 trillion in 20 years. This investment would create 800,000 new jobs, and household disposable income would rise by more than $2,000 per household. If significant investments are not made, and as production volumes decline, workers would see reductions in wages and disposable income. By 2039, 636,000 jobs would be lost annually.

Also, as most are aware, towns on Cape Cod are under court order to address their water quality issues. But rather than view this as a costly burden, some local officials are wisely seeing this as an opportunity to invest

in the economic future of their communities that are dealing with a housing crisis, and are trying to attract new businesses, and retain and draw in new residents.

Each year, the Value of Water Campaign polls over 1,000 Americans in an effort to better understand their opinions about the state of our nation’s water infrastructure and what they view as priorities for action and potential solutions. They recently released this year’s Value of Water Index, which indicates that water is topof-mind for American voters and that there is a need for continued messaging on infrastructure funding and successes.

Some highlights of this year’s poll results included:

• Ensuring an adequate water supply and addressing contamination are top voter priorities,

• Continued high levels of support for the Bipartisan Infrastructure Law,

• Declining ratings—while still relatively high—of local and national water infrastructure, and

• Support for government affordability programs, and modestly increased rates to safeguard and improve water quality, safety, and accessibility, as well as prevent shutoffs for non-payment.

Going backwards on any additional investments in water infrastructure now will not only increase the price tag later, but it also hinders the ability to withstand the economic uncertainty that we face in the months ahead. The time to act is now, and we urge all municpialtities and awarding authorties to move forward with these critical projects. n

Molloy, Esq.

House Passes FY24 Budget; More Funding, Less Policy

The Massachusetts House of Representatives passed its fiscal year 2024 (FY24) budget proposal towards the end of April. The FY24 budget is the first year that revenue from the Fair Share amendment, approved by voters in November 2022, is being allocated. According to a report by the Massachusetts Taxpayers Foundation, the House Budget proposal includes $54.9 billion in total line-item spending, $3.1 billion more than the fiscal year 2023 budget and $169.8 million more than Governor Maura Healey’s proposal.

In passing its FY24 budget, the Massachusetts House considered over 1,500 in a series of consolidated amendments. Some form of at least 773 amendments were adopted; 745 added new spending, 25 added or amended policy sections or budget language, and three included a combination of both. Through the amendment process, the greatest amount of spending was added through a consolidated amendment focused on Health and Human Services, and Elder Affairs; including a $30 million increase for MassHealth Fee-for-Service to support increased reimbursement rates for ambulance ground transportation. (As noted in previous issues of Construction Outlook magazine, the Commonwealth’s MassHealth program and associated obligations amount to approximately 36% of the state budget or 22% when federal reimbursements are finally received and accounted for.)

For UCANE’s purposes, the House FY24 Budget included level funding for the Clean Water Trust’s contract assistance line-item at $63.3 million. As well, the Commonwealth’s sewer rate relief fund was funded at $1.5 million while the underground storage program was funded at $10 million. Finally, the House Budget proposal increased funding for the Massachusetts Department of Environmental Protection (MassDEP) to slightly over $47.5 million.

Among other areas of note, the House FY24 Budget proposal will:

• Require and fund public schools to provide universal school meals to all students free of charge.

• Expand the current High Demand Scholarship program to provide financial assistance to students pursuing graduate, undergraduate, or certificate programs for in-demand professions at public institutions of higher education. After graduation, students who accept this financial assistance are required to work in an in-demand industry in Massachusetts for five years.

• Create “Green School Works,” a competitive grant program for projects related to installation and maintenance of clean energy infrastructure at public schools. The program will be administered by the Department of Elementary and Secondary Education, and preference will be given to schools serving low-income and environmental justice populations.

An interesting additional point about the House FY24 Budget proposal is that it contains less policy initiatives, often contained in outside sections of the budget, than almost any other budget proposal since 2017. While certain policy initiatives were included (i.e., brownfields tax credit extension; a data center sales and use tax exemption; slight increases in salary for Governor’s Councilors, etc.), there were not many considered to be “big ticket” policy changes seen in other budget proposals of the past. This may reflect the fact it is still the first year of a two-year session or, as discussed below, that the body just passed an extensive tax relief/tax reform initiative.

The Massachusetts Senate will consider its budget proposal in May. Subsequently, the House and Senate will appoint a Conference Committee to reach an agreement on the budget sent to the Governor before July 1, which is the start of the fiscal year 2024 budget year. For more information on the House FY24 budget proposal, please visit: https://malegislature.gov/Budget/HouseBudget.

Legislative Update continued from page 7

Massachusetts House Passes Tax Relief Package

Before addressing its FY24 budget proposal, the Massachusetts House of Representatives unveiled and passed legislation aimed at reforming certain provisions within the Massachusetts tax code. With a focus on broad tax reform, the Massachusetts House of Representatives passed legislation that is estimated to deliver a little less than $1 billion of tax relief to residents throughout the Commonwealth. It should be noted that most of the reform is geared towards residents with one major change to corporate taxation in the form of a single sales factor apportionment.

Specifically, the legislation includes the following tax changes, some with a phased-in implementation period:

Child and Dependent Tax Credit. The proposal would combine the Child Care Expenses Credit with the Dependent Member of Household Credit to create one refundable $600 credit per dependent, while eliminating the current cap. If ultimately passed, this proposal would be phased in over three years, and

would be fully implemented in FY27: taxpayers could claim $310 per dependent in FY24, $455 per dependent in FY25, $600 per dependent in FY26, and $614 per dependent in FY27. The proposal would cost $165 million in the first year of implementation and would cost $487 million when fully implemented in year three. It is expected to impact over 700,000 Massachusetts families.

Estate Tax. The Commonwealth is one of only 12 states that impose this tax and has the lowest estate tax exemption threshold in the country. The bill proposes increasing the estate tax threshold from $1 million to $2 million, and eliminates the “cliff” effect, taxing the value of the estate that exceeds $2 million, and not the entire estate as the law currently requires. This is expected to cost $231 million per year.

Senior Circuit Breaker Tax Credit. The proposal would double the Senior Circuit Breaker Tax Credit from $1,200 to $2,400. This change is expected to

continued on page 11

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impact over 100,000 taxpayers who own or rent residential property in Massachusetts as their principal residence. The proposal would cost $60 million per year.

Rental Deduction Cap. The proposal would increase the rental deduction cap from $3,000 to $4,000. This is expected to impact about 881,000 Massachusetts taxpayers, and cost $40 million per year.

Short-term Capital Gains Tax. At 12%, Massachusetts is among the states with the highest short-term capital gains tax rate and does so at a higher rate than long-term capital gains, which are currently taxed at five percent. The bill proposes lowering the short-term capital gains tax rate to five percent, and phasing in that change over two years. During year one of the proposal, short-term capital gains would be taxed at eight percent, before ultimately reaching five percent during year two. This would cost $67 million in year one, and ultimately cost $130 million annually, starting in year three of its implementation.

Single Sales Factor Apportionment. Currently, most businesses in Massachusetts are subject to a three-factor apportionment based on location, pay-

roll, and receipts. The proposal would establish a single sales factor apportionment in Massachusetts based solely on receipts, matching what 39 other states currently do. This proposed change is projected to cost $115 million in year one, and ultimately cost $79 million annually, starting in year two of its implementation.

Earned Income Tax Credit (EITC). This proposal would increase the Earned Income Tax Credit (EITC) from 30 percent to 40 percent of the federal credit. This is expected to impact about 396,000 taxpayers with incomes under $57,000 and would cost $91 million.

In addition to the proposed tax relief, the bill includes changes to Mass. Gen. Laws Ch. 62F to adjust the credit to an equal amount per taxpayer, rather than a rebate based on a percentage of what taxpayers paid the Commonwealth. The bill also proposes adjusting the Stabilization Fund cap, to 25 percent, which would allow the Commonwealth’s savings account to retain more funding.

The Massachusetts Senate is expected to unveil its own tax relief proposal in May. It is unclear at the time of this writing whether the proposal will be released before or after the Senate FY24 budget debate.

Healey-Driscoll Administration Awards Grants Relative to Sewage Notification Requirements

According to a press release issued by the Executive Office of Energy and Environmental Affairs (EEA), the Healey-Driscoll Administration announced that $600,000 in grants have been awarded to 10 regional or municipal wastewater utilities and systems across Massachusetts. This grant program is the first to help local communities meet new requirements to notify the public of Combined Sewer Overflows (CSOs) – which are sewage discharges and untreated stormwater and wastewater – into the surface waters of the Commonwealth.

The funding awarded will enable regional or municipal wastewater utilities and systems in Massachusetts to expand their efforts to meet the Sewage Notification regulation requirements to notify the public of sewage discharges and overflows to protect and preserve public health. There are more than 240 Massachusetts municipalities subject to the current regulations that

took effect on July 6, 2022.

UCANE, which supported the passage of the law underpinning the regulations, continues to support efforts to make the general public aware of the Commonwealth’s water infrastructure needs. Regulatory requirements that wastewater treatment plants and communities must meet include notifying the public of sewage discharges and overflow events, posting signage at public access points and making relevant information available online.

Among some of the groups receiving funding are:

• City of Lowell ($66,952). This project involves modernizing the City’s CSO metering equipment, purchasing signage, and upgrading Supervisory control and data acquisition (SCADA) services to assist in

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Legislative Update continued from page 13

the implementation of the CSO Notification Plan.

• Worcester Department of Public Works & Parks ($40,000). The City of Worcester sought grant funding to design and install equipment to monitor and measure sewage flow that passes through its existing wet weather bypass conduit to the Blackstone River.

• Greater Lawrence Sanitary District (GLSD) ($121,360). The GLSD requested funding for work to upgrade the method of transmitting data from their 17 metering stations that detect CSOs. The new system utilizes cell phone and line-of-sight technology to transmit data from the remote stations to the main facility for constant monitoring.

• Springfield Water and Sewer Commission ($70,982). The Commission sought grant funding to modernize and upgrade their public-facing Sewage Overflow Notification website, as well as pay for meter rentals, and professional consulting support for

the annual update to the Collection System Hydraulic Model.

• Lynn Water & Sewer Commission (LWSC) ($80,000). The LWSC proposed upgrading the CSO and Sanitary Sewer Overflow (SSO) metering and notification capabilities to include an automated real-time public notification system, with specific outreach and inclusion of Environmental Justice communities, as required by state law.

• City of Holyoke ($64,039). The City of Holyoke requested funds for implementation of an electronic CSO notification system and translation services to translate notifications to Spanish, as well as signage with a remotely controlled alarm system at three public access points on the Connecticut River.

For more information about the Sewage Notification Assistance Grant Program website, please visit: https://www.mass.gov/info-details/ grants-financial-assistance-watersheds-waterquality#sewage-notification-assistance-grantprogram- .

continued on page 17

Legislative Update continued from page 15

Executive Office of Economic Development Announces Additions to Leadership Team as Agency Prepares for New Configuration

According to a press release issued by the agency, Executive Office of Housing and Economic Development (EOHED) Secretary Yvonne Hao announced the appointment of new undersecretaries and the realigning of the office under new pillars to better focus on key sectors of the economy and ensure continued economic support for all Massachusetts communities and residents. The move comes as the Governor’s Article 87, creating a separate Secretariat of Housing, becomes law. The Executive Office of Housing and Economic Development will be renamed the Executive Office of Economic Development (EOED).

Under the reconfiguration, EOED will now be structured under three pillars of economic development: “Economic Foundations,” focused on regional, rural, and small business growth, as well as infrastructure, seaport, and military installation support; “Economic Strategies,” focused on tourism and international trade, new federal opportunities in areas such as life sciences, advanced manufacturing, and clean energy, and the cross-secretariat Workforce Skills Cabinet; and “Con -

sumer Affairs and Business Regulation,” which will be more fully integrated into the office’s overall economic development strategy.

Ms. Ashley Stolba, who has served as EOED Undersecretary of Community Development since 2021, will stay on in the office as Undersecretary of Economic Foundations. She will expand her portfolio to foster foundational economic opportunities for residents, communities, and businesses across Massachusetts. In her role, she will continue to lead the community development team by managing the Community One Stop for Growth, serving as vice-chair of the Seaport Economic Council, overseeing work to close the digital divide, and maintaining the state’s military installations. In addition to these duties, Ms. Stolba will also oversee other key areas such as regional businesses assisted by the Massachusetts Office of Business Development; small, micro, and immigrant-led businesses; and the new Director of Rural Affairs. She will also now serve as the secretariat’s climate officer focused on climate infra-

continued on page 19

Legislative Update continued from page 17

structure needs. Prior to joining EOED, Ms. Stolba was Chief of Staff at the Harvard Allston Land Company and held roles as Deputy Chief of Staff and Legal Counsel at the Massachusetts Port Authority, Associate Counsel at the Massachusetts Association of Realtors, and Policy Analyst in the Massachusetts House of Representatives. A native of Mashpee, she received her bachelor’s degree in business administration from the University of Miami and her juris doctor from Suffolk University Law School.

As per the same announcement, Ms. Sarah Stanton has also joined the office as Undersecretary of Economic Strategies and will oversee new growth initiatives that build upon the work of the Economic Development Foundations team. Ms. Stanton will be responsible for the state’s tourism and international trade sectors through the Massachusetts Office of Travel and Tourism and the Massachusetts Office of International Trade and Investment. She will also lead the office’s efforts on the Healey-Driscoll Administration’s cross-secretariat Workforce Skills Cabinet and help coordinate federal opportunities like CHIPS and Science Act funding, ARPA-H, and climate-tech investment. She will work closely with quasi-government partners Massachusetts Technology Collaborative, Massachusetts Life Sciences Center, and MassVentures. Ms. Stanton most recently served as Town Manager in Bedford, Massachusetts, and previously held several key roles in local government, including serving as Budget Director for the City of Cambridge, Finance Director/City Auditor for the City of Salem, and other municipal leadership roles in the Town of Ipswich, City of Woburn, and City of Haverhill. Ms. Stanton holds an undergraduate degree in political science from Plymouth State University and a master’s degree in public administration from Northeastern University.

Further, Ms. Layla D’Emilia has been promoted to Undersecretary of the Office of Consumer Affairs and Business Regulation (OCA). As Undersecretary, she will oversee five regulatory agencies: the Divisions of Banks, Insurance, Occupational Licensure, Telecommunications and Cable, and Standards. Undersecretary D’Emilia previously served as Commissioner of the Division of Occupational Licensure within EOED for the last three years, where she oversaw 265 full-time staff and a budget of $26 million. Prior to joining EOED, D’Emilia served as a senior member of the Massachusetts Executive Office of Public Safety and Security, where she coordinated and deployed operational responses and guidance around natural disasters, major weather and infrastructure events, and other significant public safety and homeland security issues. She is a graduate of West Virginia Wesleyan College and Suffolk University Law School.

In addition to Undersecretaries Stolba, Stanton, and D’Emilia, Secretary Hao’s leadership team will consist of three additional functional leaders: Chief of Staff Emily MacCormack, General Counsel Jon Cosco, and Policy Director Rory O’Hanlon.

continued on page 21

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Legislative Update continued from page 19

• New Leadership at Division of Occupational Licensure. OCA Undersecretary Layla D’Emilia announced the appointment of Ms. Sarah R. Wilkinson as Commissioner of the Massachusetts Division of Occupational Licensure (DOL). DOL is responsible for the oversight of 26 boards of professional registration and licensure, the Office of Public Safety and Inspections, and the Office of Private Occupational School Education. Collectively, DOL boards, commissions and programs license and regulate more than 500,000 individuals, businesses, and schools that engage in over 100 trades and professions in Massachusetts. Commissioner Wilkinson assumes the role after five years at the DOL serving in senior management positions within the agency, including as Assistant Chief of Investigations, Chief of Elevator Inspections and, for the past two years, the dual roles of Deputy Commissioner of Public Safety and Operations and Chief of Elevators. Commissioner Wilkinson is a graduate of Suffolk University Law School and Dartmouth College.

• Healey-Driscoll Administration Names Director of Federal Affairs. Mr. Will Rasky was named the Director of Federal Affairs for the Healey-Driscoll Administration at the end of April. As an Advisor for Governmental Affairs in the office of U.S. Transportation Secretary Pete Buttigieg, Mr. Rasky served as the Deputy Intergovernmental Affairs Liaison to all state and local governments nationally. As Federal Affairs Director for the Healey-Driscoll Administration, Mr. Rasky will develop strategies for engaging on federal government matters that are relevant to Massachusetts, namely actions being taken by the Biden White House and cabinet agencies, as well as legislation being considered by Congress. Mr. Rasky is a graduate of Boston College.

• MassCOSH Releases Annual Workplace

Fatality Report. The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) released “Dying for Work in Massachusetts: Loss of Life and Limb in Massachusetts Workplaces” in late April. Overall, 51 workers died as a result of workplace injury and illness in 2022. As in previous years, the

majority of fatal injuries were concentrated in the construction industry, where nine workers died on the job, accounting for almost a quarter of the fatalities. Transportation and Warehousing, along with Professional and Business Services, were the second most dangerous sectors, each responsible for 18% of all fatal injuries. Wholesale and Retail Trades, Utilities, and Manufacturing all tied for the third most dangerous sector. Transportation incidents, which include motor vehicle crashes and workers struck by vehicles or equipment, remained the leading cause of death from injuries in Massachusetts in 2022. With 19 workers killed, these incidents contributed to 48% of all deaths from injuries. Workers also died from falls, slips, and trips (nine workers) and contact with objects or equipment (five workers). A copy of the report can be found at: https:// www.mediafire.com/file/obrm7ivkvx17bwh/ DFW_Apr2023_digital.pdf/file. n

Charles D. Baker Governor

Karyn E. Polito Lieutenant Governor

MassDEP Releases FINAL CY2023

Clean Water & Drinking Water SRF Lists Totaling $1.34 Billion

$903 Million Offered for Clean Water SRF in 2023

Matthew A. Beaton Secretary Martin Suuberg Commissioner

TJanuary 26, 2016

To All Interested Parties:

he Massachusetts Department of Environmental Protection (MassDEP) is pleased to present the Final Calendar Year 2023 Intended Use Plan (IUP). The IUP details the projects, borrowers and amounts being offered financing through the Clean Water State Revolving Fund (CWSRF) loan program. The CWSRF is a joint federal-state financing program that provides subsidized loans to improve and protect water quality and public health in the Commonwealth.

Massachusetts is offering approximately $903 million to finance clean water projects across the Commonwealth. As noted in Table 1, approximately $878

The Massachusetts Department of Environmental Protection (MassDEP) is pleased to present the Final 2016 Intended Use Plan (IUP), which details the projects, borrowers and amounts that will be financed through the Clean Water State Revolving Fund (CWSRF) loan program. The CWSRF is a joint federal-state financing loan program that provides subsidized interest rate loans to improve or protect water quality in the Commonwealth.

million is being offered to finance 59 new construction projects, and $2 million is being offered to finance 2 previously approved multiyear projects. A total of $3 million has been allocated to the emergency set-aside account. An additional $5 million will be directed to the Community Septic Management Program (CSMP) to remediate failed septic systems in participating communities. An additional $15 million has been set-aside to finance planning and PFAS design projects in calendar year 2023; MassDEP is accepting loan applications for planning projects and PFAS design projects, on a rolling basis, while funding is available.

As noted in Table 1, Massachusetts is offering approximately $414 million to finance clean water projects across the Commonwealth. Approximately $380 million will fund 35 new construction projects and an additional $15 million will be allocated towards funding 9 previously approved multi-year projects. $2 million has been allocated to the emergency set-aside account, and $3 million will be directed to the Community Septic Management Program to remediate failed septic systems in participating communities. An additional $13.8 million will fund 15 planning projects.

1

Clean Water State Revolving Fund CY2023 Intended Use Plan

The Water Resources Reform and Development Act of 2014 (WRRDA) amended the Clean Water Act resulting in important changes to the CWSRF Program that will affect most borrowers. The primary changes to the program are the requirements for borrowers to develop and maintain a Fiscal Sustainability Plan, which is similar to an asset management plan and a certification that the cost and effectiveness of the project has been evaluated and that the project maximizes water efficiency and energy conservation. The body of the IUP discusses these new WRRDA requirements in greater detail.

The United States Environmental Protection Agency (EPA) has not yet determined the exact 2016 SRF grant allocations to the states. Based on the overall federal appropriation, MassDEP expects to receive an estimated $44 million federal grant to subsidize the CWSRF program. Under the Fiscal Year 2016 Omnibus Appropriations Bill, Congress is requiring that at least 10% of the federal grant be used to fund “green infrastructure”. The 2016 Final IUP lists 16 new “green infrastructure” construction projects. The exact monetary value of the green portion of these projects will be determined when project applications are submitted but are expected to be well in excess of 10% of the federal grant.

continued on page 25

GENERAL CONTRACTOR

NEW PROJECTS (cont.)

Supplemental Grant

(W) - Water Infrastructure Finance and Innovation Act (WIFIA) # - Projects contains Energy Efficiency, Renewable Energy and/or meets EPA's definition of a Green Project (https://www.epa.gov/greeningepa/energy-and-emissions-epa)

Badger

DEP/SRF continued from page 29

MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS

MassDEP PRIORITY PROJECTS

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$431 Million Offered for Drinking Water SRF in 2023

The Massachusetts Department of Environmental Protection (MassDEP) is pleased to present the Final Calendar Year 2023 Intended Use Plan (IUP), which lists the projects, borrowers, and amounts that are being offered financing through the Drinking Water State Revolving Fund (DWSRF) loan program. The DWSRF is a joint federal-state financing program that provides subsidized loans to protect public health by improving water supply infrastructure systems and protect drinking water in the Commonwealth.

Massachusetts is offering approximately $431 million to finance drinking water projects across the

Commonwealth. As noted in Table 1, approximately $311 million is being offered to finance 39 new construction projects, and $69 million towards financing 11 previously approved multiyear projects. An additional $5 million has been allocated to the emergency set-aside account, and $35 million are set-aside to finance new Lead Service Line Replacement projects. An additional $10 million has been set-aside to finance planning projects and PFAS design projects; MassDEP is accepting loan applications for planning projects, PFAS design projects, and LSL replacement projects, on a rolling basis, while funding is available.

Table 1

Drinking Water State Revolving Fund CY2023 Intended Use Plan

DEP/SRF continued from page 33

*- Small System

(BG) - Base Capitalization Grant

(D)- Dropped by A

(EC) - BIL DWSRF Emerging Contaminants Grant

(H)- Housing Choice Communities

(L)- W

(LR) - BIL DWSRF Lead Service Line Replacement Grant

(PF) - Disadvantaged Community

(RE) - Potential Renewable Energy Projects

(SG) - BIL DWSRF Supplemental Grant

(W )- Water Infrastructure Finance and Innovation Act (WIFIA)

# - Projects contains Energy Efficiency, Renewable Energy and/or meets EPA's definition of a Green Project (https://www.epa.gov/greeningepa/energy-and-emissions-epa)

continued on page 37

DEP/SRF continued from page 35

NEW PROJECTS (cont.)

*- Small System

(BG) - Base Capitalization Grant

(D)- Dropped by Applicant

*- Small System

(EC) - BIL DWSRF Emerging Contaminants Grant

(BG) - Base Capitalization Grant

(H)- Housing Choice Communities

(D)- Dropped by Applicant

(L)- W ater Infrastructure Funding Transfer Act (WIFTA) Projects

(EC) - BIL DWSRF Emerging Contaminants Grant

(LR) - BIL DWSRF Lead Service Line Replacement Grant

(H)- Housing Choice Communities

(PF) - Disadvantaged Community

(L)- W ater Infrastructure Funding Transfer Act (WIFTA) Projects

(RE) - Potential Renewable Energy Projects

(LR) - BIL DWSRF Lead Service Line Replacement Grant

(SG) - BIL DWSRF Supplemental Grant

(PF) - Disadvantaged Community

(W )- Water Infrastructure Finance and Innovation Act (WIFIA)

(RE) - Potential Renewable Energy Projects

# - Projects contains Energy Efficiency, Renewable Energy and/or meets EPA's definition of a Green Project (https://www.epa.gov/greeningepa/energy-and-emissions-epa)

(SG) - BIL DWSRF Supplemental Grant

(W )- Water Infrastructure Finance and Innovation Act (WIFIA)

# - Projects contains Energy Efficiency, Renewable Energy and/or meets EPA's definition of a Green Project (https://www.epa.gov/greeningepa/energy-and-emissions-epa)

DEP/SRF continued from page 37

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DEP/SRF continued from page 39

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Every company or organization that holds a TSSD will receive a certificate of participation, as well as hard-hat stickers for every employee who participated. Recognition will also be given in NUCA publications. Please plan for your company to be a part of this vital industry safety event this year.

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F rancesco “F rank” G I o I oso

P. Gioioso & s ons , inc .

We are deeply saddened to announce that on April 12, 2023 our longtime member and friend Frank Gioioso passed away at the age of 80 at his home in Walpole, MA, surrounded by his loving family.

Frank is survived by his beloved wife Carmela “Lina” (D’Ambrosio), and his four children; Dr. Cristina GioiosoDatta, and her husband Dr. Rupak Datta, of Woodbridge, CT; Gianna Gioioso of Dedham; Dr. Valeria Gioioso of San Diego, CA; and Francesco Biagio Gioioso of Norfolk, MA. Cherished Nonno of Kavi, Chiara, and Cali Datta. Doting son-in-law of Giovanna and the late Armando D”Ambrosio of Winthrop, MA. Caring brother of Giuseppe Gioioso of Braintree, Maria DiNanno of Norwood, and Elena Adgate of Braintree, as well as the late Luigi Gioioso, Enrico Gioioso, Tommaso Gioioso, Filomena Colasante, and Mario Gioioso. Also survived by many loving nieces, nephews, grand nieces, grand nephews, great nieces, and great nephews.

Frank was born on February 16, 1943 to the late Pelino and Giovanna (D’Amore) Gioioso in the small hamlet of Viano in Filetto, Italy. In 1958, Frank immigrated to the United States and joined his family who had established roots in Dorchester, MA.

Frank’s early years were a balance of education and work. In 1962, Pelino, Frank, and four of his brothers established the family company, P. Gioioso & Sons, Inc. The ambitious young entrepreneur was eager to support the company in the role of Treasurer

and General Manager. Frank went on to seek higher education, earning his Bachelor’s Degree in Civil Engineering in 1969 and subsequently his Master’s Degree in 1971 in Structural Engineering, both from Northeastern University, of which he was extremely proud.

Frank was a member of UCANE and NUCA, holding various officer positions and receiving numerous awards. He used the skills and knowledge he gained over the years in the field and at school to continue to grow the family business, eventually becoming CEO, a position he held until his passing.

Outside of work, Frank had many hobbies including tending to his garden where he grew zucchini, eggplant, cucumbers, tomatoes, peppers, butternut squash, and strawberries among many other delicious fruits and vegetables that his family enjoyed.

Frank was also extremely generous, supporting innumerable charities and helping those less fortunate than him without hesitation. Memorial donations in Frank’s memory may be made to the Italian Home for Children (https://www.italianhome.org/ or Tunnel to Towers Foundation (https//t2t.org/ donate/).

The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathies and condolences to the entire Gioioso family. Frank’s years of experience and knowledge of our industry brought him the unequaled respect of his peers, who feel a deep and personal sadness at his passing. n

with UCANE’s Officers and Board Members

Congratulations on your recent election to the UCANE Board of Directors. Please give us some information on your background and tell us how you started in the construction business?

I was fresh out of high school, knowing college wasn’t for me, I started my career working for my father who owned a machine shop in Worcester, MA. My passion growing up was working in all aspects of construction. In 2003 my father-in-law John Jolin, who owned Jolin Paving & Excavating, made me an offer to come to work at his company starting as a laborer.

I accepted the offer and worked my way up doing anything he asked me to do. Eventually I was driving trucks and learned to run all the heavy equipment and I loved every minute of it.

How long have you been with Jolin Paving & Excavating, Inc. and what is your current role in the company ?

I have been with Jolin for 20 years. John Jolin has given me the opportunity to learn all aspects of running a small family business from bidding the work to managing the work to collecting the final retainage and everything in-between. My current title is Superintendent of Operations.

What types of construction does Jolin specialize in and in what areas of New England do you pursue this work?

We perform all types of underground utility work and site work mostly in the Worcester County area. We do a lot of water, sewer, and drain work both in the public sector and for residential and commercial clients. We also do asphalt paving for commercial parking lots and private driveways. We have a lot of experience working in urban streets and we respond to emergency service calls for broken utility lines for the City of Worcester and several other area towns.

Jolin performs turnkey snow removal operations for several large commercial customers in the City. We have recently purchased a “state-of-the-art” vacuum excavator to assist our own crews and which we offer on a rental basis throughout New England.

How long has your company been a UCANE member and why did you decide to serve on

continued on page 48

UCANE Board Member Mike Ottaviano Jolin Paving & Excavating, Inc.

Under the Hard Hat continued from page 47

the UCANE Board of Directors?

We joined UCANE in 2019. From a business stand-point, I wanted to learn as much about the utility construction and excavation industry as I could so I could bring that knowledge back to our own company. Getting to know our business peers and exchanging ideas has been very rewarding. By joining the Board of Directors it gives me an opportunity to give back a little to the industry. Also finding out that other companies share some of the same problems we do is somewhat comforting. It’s quite amazing working alongside so many great competitors toward mutual goals that will improve the industry for all of us.

The construction industry has certainly seen some challenges over the last few years. Some issues brought on by the COVID pandemic are still affecting parts of our industry. How do you see the New England horizontal and heavy construction market shaping up for 2023 and what are the biggest challenges contractors might be facing in 2023?

Looking back, I think most of us in the industry weathered the long and unchartered pandemic much better than any of us anticipated at the outset. It certainly brought on some challenges like price volatility, supply chain issues, and changes in how we do business that we will carry into 2023. The biggest mystery for Jolin, and I think for many contractors is, “What happened to the pre-pandemic workforce?”

Finding reliable people to work in the construction industry, especially younger people opting to want a construction career, is the greatest challenge I see going forward.

I think the average American has finally awakened to the importance of a modern infrastructure in order to advance our economy and, as a result, the federal government has certainly stepped up with big dollar investments. Jolin has seen the bid opportunities in Central Mass. picking up. We have had a busy winter (even without snow!) and already have a good backlog going into the new season. Our company is bullish on 2023 and beyond for our family business and for other contractors that build infrastructure. n

7/1/2023 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, 2023, applicable to new and renewal policies.

Average Rates

The overall average decrease of 10.2% will vary by industry group as follows:

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 3.8% over all industry groups.

Average rates include adjustments for experience factors, the construction class credit and other factors.

Change in Manual Rates

The overall decrease in manual rates by industry group is:

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.

Experience mods and ARAPs already issued effective 7/1/2023 or after on a preliminary basis will be recalculated to reflect the new Expected Loss Rates.

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:

The changes by class, even within the same industry group, vary substantially.

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 Inspection Bureau of Massachusetts, on their Class Code Lookup page.

Workers’ Comp. Rates continued from page 49

Benefits Claim and Aggregate Deductible Program

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.

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

Other Factors

There were changes to the Retrospective Rate Plan as well as an overall average decrease in FClasses rates of 15.6% and a decrease in the United States Longshore and Harbor Workers’ (USL&H) factor for non-F classes to 16.0%. For details, see the Bureau’s web site at www.wcribma.org.

Submitted

continued on page 52

It is important to remember this rate change will affect each insured differently and premium changes will vary. Please consult with your account manager to review how this change will affect you.

MASSACHUSETTS WORKERS’ COMPENSATION RATES Selected Rates per $100 of Payroll

Massachusetts Workers’ Compensation Rate Selected Rates per $100 of Payroll

Massachusetts Workers’ Compensation Rate Selected Rates per $100 of Payroll

continued on page 55

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Massachusetts Workers’ Compensation Rate Selected Rates per $100 of Payroll

Chris Mabbett Assumes Leadership

Role at Mabbett & Associates, Inc.

The Company will Continue its Commitment to Providing WorldClass Environmental Engineering Services and Solutions to a Growing List of Private and Public Clients

UCANE member Mabbett & Associates, Inc. recently announced that Christopher Mabbett has been named President and COO. With over 20 years at the firm in progressively responsible roles, this is a natural transi tion for Chris, a Professional Geologist who received his bachelor’s degree from Bates College in Geological Sci ences, and his Master’s Degree in Environmental Engi neering from Tufts University.

Chris’s father Arthur Mabbett, who founded the company in 1980, will continue to serve as Chairman and CEO of the company. (See related story about Arthur Mabbett on page 61). Past President Paul Steinberg, who has been with Mabbett® for over 23 years, is now the Chief Growth and Business Development Officer focusing on the expansion of services that align with Mabbett’s ® mission and commitment to its clients.

Chris Mabbett believes that this is more than simply a change in leadership, it is the firm’s commitment to do even more to protect and preserve human health and the environment. Chris’s vision for the company begins with a 5-year-plan and a new mission statement:

“Mabbett builds a better future by protecting and restoring the natural environment while supporting a healthy workforce.”

In an email announcing his promotion to Mabbett’s ® clients and supporters, Chris shared his pride about the firm’s accomplishments and individual staff contributions and his excitement about the future. “I am thrilled to be taking on my new role and to be able to continue working with our team of passionate and committed environmental professionals. I am proud of what we have accomplished over the years in helping our clients and the environment. Not surprisingly, we have been recognized over and over as leaders in our field and I am excited for more accolades that we will share together going forward. A cleaner and more sustainable planet will be our mutual legacies. Thank you for being with us on this journey.”

President and COO Christopher Mabbitt

Wide Range of Environmental and Engineering Capabilities

Headquartered in Stoneham, Massachusetts with offices in Rhode Island, New York, and Virginia, Mabbett® is a leader in environmental consulting, health and safety, and engineering design. With over 50 full-time scientists and engineers, the firm’s clients include a wide range of commercial, construction, and municipal clients along with Federal agencies including the U.S. Army Corps of Engineers, Missile Defense Agency, U.S. Department of Homeland Security, U.S. Environmental Protection Agency, National Park Service, U.S. Fish & Wildlife Service, and the U.S. Department of Agriculture.

Mabbett’s biggest client is the U.S. Department of Veterans Affairs. In the last 10 years, the VA has awarded Mabbett® $30 million in contracts to provide environmental, health and safety, and engineering services for over 100 VA Medical Centers, 116 VA National Cemeteries, and Fisher House projects in six states. The firm is committed to supporting the VA in its development and sustainability goals, as well as serving the Veteran Community by supporting Veteran causes, hiring veterans, and working with other Veteran-owned small businesses.

This well-respected 43-year-old firm also

serves many private clients across the New England area providing everything from soil management and groundwater remediation systems to environmental compliance assessments and fuel oil tank removals.

Mabbett’s team of certified, skilled, and trusted experts deliver tailored solutions to meet clients’ environmental concerns from the design stage through the construction and operation phases. The firms air quality experts calculate emissions from planned construction projects, and recommend equipment specifications to ensure federal and state thresholds are not exceeded. The infrastructure engineers design innovative stormwater management systems to control erosion and sedimentation and to reduce flooding. Mabbett’s architectural historians and cultural resource specialists advise federal agencies on national, state, and tribal historic preservation regulations.

Mabbett’s site assessment, hydrogeology, and environmental regulation experts identify contaminants in the environment, characterize risks, and design and operate remediation systems to cleanup properties impacted by contaminated groundwater plumes so they can be beneficially reused. Mabbett’s safety and industrial hygiene consultants keep workers safe and help maintain project schedules by recognizing, assessing, and elimi-

continued on page 59

Groundwater Sampling at EPA Superfund Site

Mabbett geologists logging in soil cores ahead of Groundwater Remediation System

Mabbitt & Associates, Inc. continued from page 57

nating workplace safety hazards and by navigating complex state and federal occupational workplace regulations.

The firm’s team of regulated building material specialists have performed asbestos, lead paint, and PCB surveys in over 20 million square feet of hospital and commercial buildings nationwide. Their environmental health and safety experts have performed safety, environmental management, and fire protection surveys on over 100 U.S. General Service Administration buildings ranging from 50,000 to two million square feet.

Recognized Company Working Towards a Cleaner Planet

In 2020, the U.S. Chamber of Commerce selected Mabbett® from 700 candidates to be one of 24 Dream Big Award Finalists, honoring the firm’s outstanding business achievements and

contribution to America’s economic growth as a Veteran-owned small business. The firm was recognized in 2021 as one of the Zweig Group’s Best Firms to Work For based on the largest employee experience survey in the engineering, environmental, planning, and construction industry. And in 2022, Mabbett® received the Environmental Business Journal’s Business Achievement Award for Small Firms.

As Mabbett® continues to grow, the firm is always looking for environmental, health, and safety professionals who share their vision of a more sustainable and cleaner planet. From entry-level scientists to highly trained and experienced senior-level professionals looking for new challenges, Mabbett may be a great fit for you.

UCANE members are encouraged to learn more about Mabbett® at www.mabbett.com

Chris is also happy to answer any questions you may have – You can contact him at cmabbett@mabbett.com.

UCANE is proud to count Mabbett & Associates, Inc. as one of our members. We congratulate Chris on his new position and look forward to seeing the impact of the company’s continued commitment to the environment and human health and safety. n

Temperature survey to determine groundwater patterns at Superfund Site

Site prep ahead of GPR Survey for buried hazmat

Arthur N. Mabbett Receives Lifetime Achievement Award from Environmental Business Journal

Founder of Stoneham, MA based firm Mabbett & Associates, Inc. is honored by his peers for outstanding contributions to the Environmental Engineering Industry

“Lifetime Achievement Awards are rare and we at EBJ are proud to express our profound admiration and heartfelt gratitude to Arthur N. Mabbett for everything that he has done for the Environment and the Environmental Industry. We honor him for his exemplary career and for his vision, dedication, persistence, and generosity to his colleagues. His love for the Environment shows through in his work and we thank him for inspiring a new generation of environmental industry leaders.”

Arthur N. Mabbett, P.E., Chairman and CEO grew up in Medford, Massachusetts. He attended UMass Boston where he earned a Bachelor’s Degree in Biology in 1969, and later pursued and earned his Master’s Degree in Environmental Sciences at Rutgers University in 1970. In those years, the Vietnam war was in progress and the only Lottery in existence was the Draft Lottery sponsored by the U.S. Military. With a low number lottery birthdate, the new graduate pursued and received a direct commission in the U.S. Army where he was able to put his new degrees to work for the next six years. In 1976, Arthur left active duty but continued in the Army Reserves until his honorable discharge in 1989. After working with a Boston area architectural-engineering firm for several years, Arthur and his colleague Robert S. Capaccio decided to try business on their own and formed Mabbett, Capaccio, and Associates, Inc. in 1980. In 1992, Arthur bought out his partner and established Mabbett & Associates, Inc.

The firm continued to grow and attracted top environmental science and engineering talent over the next 43 years. In 1996, Arthur started up Mabbett & Associates in Glasgow, Scotland. The firm was fully staffed with European and other international engineers and scientists, and handled all the international projects until it was sold in 2021.

Today Mabbett, Inc. has four offices in the U.S. and employs about 75 professionals trained in a wide range of environmental, engineering, health & safety disciplines. U.S. based federal work is about 80% of Mabbett’s annual revenue.

Arthur N. Mabbett has certainly left his mark in the environmental industry internationally, nationally, and locally. His list of awards and plaques cover his office walls. One of his proudest achievements was being one of the founders of the Boston based New England Environmental Business Council (EBC), where he served as its first President in 1990.

Arthur stated, “I am honored to be a member of this industry. The opportunities I have had, the staff I have known, the clients I have served, the friends I have made, the success I have achieved means that I've truly been blessed.” As an outstanding Eagle Scout, an avid angler, and a true outdoorsman, one might say Arthur has been an environmentalist long before it became popular. “I’m proud of my son, Christopher, recently promoted to President and Chief Operating Officer and my other key colleagues and staff and I trust them to assume more of the load these days,” said Arthur. “I’ll still be involved, as Chairman and CEO, but will rely on my team more!” he says with a grin.

UCANE is proud to count Mabbett & Associates, Inc. as a member. We are in awe of Arthur’s achievements, and we congratulate him on the legacy he has created, and will continue to create, within the environmental community. n

Arthur N. Mabbitt

Captain Mabbett U.S. Army 1972

An IntervIew wIth Fred CornAglIA CommIssIoner oF

Will you please provide us with some insight into your education, past experience, and history that led you into your current position?

I graduated from Taunton High School and then continued my education at Coyne Electric, Wentworth Institute, and then in the Army National Guard. I started my employment with Brockton Taunton Gas Company as a drafter and advanced through various positions, retiring after 32 years as the senior supervisor for construction and maintenance. I then worked as a Title Examiner at Wynn & Wynn for several years before I started a second career by accepting the position of street superintendent in Taunton DPW, and I was eventually promoted to Commissioner, where I have been serving for the past 18 years.

Please provide a brief description of Taunton in regards to population, area, responsibilities of the DPW, and some statistics on current infrastructure that your Department maintains within the City?

Taunton is one of the 26 gateway cities in Massachusetts, located about 40 miles south-west of Boston and 18 miles north of Providence, RI. The population is now 59,600 with a land area of about 46.7 square miles. The Taunton DPW infrastructure consists of water, wastewater, drain, trash services, streets and sidewalks, and vehicle maintenance.

The city has a wastewater treatment plant with a discharge into the Taunton River, 177 miles of sewer mains, 40 pump stations, and one combined sewer overflow. The City’s treatment plant also services the Towns of Raynham and a portion of Dighton. The plant is operated under contract with Veolia North American.

Taunton DPW has over 300 miles of city streets and 41 bridges under its jurisdiction. The city uses an

asset management plan for prioritizing street work. The city is under a federal enforcement order to address ADA issues with the city sidewalks. Significant expenditures have been made over the past decade addressing the ADA related sidewalk issues.

Taunton DPW has a surface water treatment plant rated at 14 MGD located in Lakeville that it operates with city personnel. The City provides water to Taunton and Lakeville, and a smaller number of services to other abutting communities. Besides the treatment plant, the water system operates within five service zones and contains about 300 miles of pipe, five storage facilities, five pumping stations, a reservoir complex and two earthen dams. The reservoir complex is shared in part by the City of New Bedford, where they also obtain their water supply.

The Taunton DPW has an extensive MS4 program addressing the approximately 150 miles of drains. Trash collection and disposal services are contracted out. The Taunton DPW runs a convenience center accepting a variety of items and has a very active trash compliance and policing operation.

The Taunton DPW also operates a vehicle mainte -

• Pre-mark the location of intended excavation using white stakes, paint or flags.

• In MA, ME, NH and RI, notify Dig Safe® at least 72 hours in advance, not including weekends and holidays.

• In Vermont, notify Dig Safe® at least 48 hours in advance.

• Notify non-member facility owners.

• Maintain the marks placed by underground facility owners.

• Use caution and dig by hand when working within 18” of a marked facility.

• If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged.

• Call 911 in the event of a gas leak, or if a damaged facility poses a risk to public safety.

• Know your state’s excavation requirements.

• Go to digsafe.com for educational material and current laws.

Public Works Pipeline continued from page 63

nance facility, and the fleet consists of about 100 vehicles with a full garage maintenance facility. The Taunton DPW has a Bagela asphalt recycling machine that allows city personnel to make their own mix when asphalt prices soar in the winter for pothole repairs.

What do you see as the City’s most pressing needs in regards to public works infrastructure in the next few years and is there a 5-year Asset Management Plan in place to address those needs?

The City’s capital needs are significant as the city made limited investments in the 1980s through early 2000s for repair and replacement of capital assets.

Starting about two decades ago, Enforcement actions by the MassDEP and EPA have driven significant improvements to the general condition of the wastewater system. Recent changes to EPA permit limits are now driving an additional $50 million expenditure at the WWTP for additional nitrogen removal, and some question its cost effectiveness.

The current City administration of Mayor Shaunna O’Connell has made significant additional investments in all DPW program areas both with city and ARPA funds. For example, a number of vacant positions have been filled; change out of older vehicles has occurred; new equipment has been added, i.e., a Vacuum Excavator truck for MS4 tasks, a specialty valve/vactor truck to assist with water valve exercising, valve box cleaning, and line flushing operations. We now have a remote operated slope mower for maintaining slope permit requirements issued by Dam Safety for the dams. The mayor has more than quadrupled the annual investment in road paving work. We are making progress in addressing these infrastructure needs as can be seen by the construction activity throughout the City.

How has Taunton historically funded their infrastructure projects? Does the City utilize the SRF Loan Program through MassDEP for water or sewer projects?

Taunton has used the SRF program extensively over the past two decades. The city was placed under administrative orders for wastewater that required extensive rehabilitation of the collection system. The City has spent upwards of $70 million on these efforts, and is now underway with an $86 million upgrade of the wastewater treatment plant funded exclusively with SRF funding. The City has continued on page 66

Public Works Pipeline continued from page 65 also funded an additional $30 million for replacement and upgrades of the pumping stations. Both projects will be completed in phases. We currently have Hart Engineering and Walsh Construction working with Veolia on these complex projects.

On the potable water side, the city has used SRF funding whenever it could qualify for the funding. Several millions have been borrowed in the past for the water treatment plant, the reservoir, water meters, watershed protection, and pipeline work. We currently have several water projects in the construction phase, including a $1.4 million job with UCANE member Celco Construction Corp. Recently, the City has appropriated about $6 million in ARPA funds for various water projects, which will soon be going out for bids.

The availability of Federal and State funds for Infrastructure projects is at an all-time high and looks to possibly continue that way for the next 5 years. Does Taunton DPW have some projects coming out to bid in 2023 or 2024 that will be utilizing these Federal Infrastructure funds?

Yes. The Taunton DPW and our consultants have been aggressively pursuing Federal ARPA funds and other sources of funding. Taunton’s water and sewer programs are both operated as enterprise accounts that annually provide a reasonable amount of funding for capital improvement work, and to service some of the SRF debt service. Subject to any lastminute competing budget needs, the DPW expects to continue its annual $3 million sewer rehabilitation program and the approximately $3 million annual investment into our water distribution system for 2023 and 2024. We are also under design with a new $5 million bridge project, for which a federal funded earmark was obtained for us by Congressman Auchincloss and our two Senators. The City is also likely to bid the estimated $20 million groundwater discharge facility for the wastewater treatment plant in late 2023 or 2024. n

UCANE’s 43 rd Annual Golf Classic

Monday, July 10, 2023

Brookmeadow Country Club • Canton, MA

Hosted By

Corporate Sponsor

TAYLOR OIL COMPANY

Lobster Clambake Sponsor

E. J. PRESCOTT, INC.

$ 25,000 “Hole-in-One”

McCOURT CONSTRUCTION COMPANY

$10,000 Putting Contest

DAGLE ELECTRICAL CONST. CORP.

Photos with Sports Celebrity

RITCHIE BROTHERS AUCTIONEERS

IRON PLANET

Chevrolet Silverado

“Hole-in-One”

McLAUGHLIN CHEVROLET

Continental Breakfast

ATS EQUIPMENT, INC.

Closest to the Pin Contest

CONCRETE SYSTEMS, INC.

Goody Bags

P. GIOIOSO & SONS, INC.

Guest Sponsors

JAY CASHMAN, INC. (4)

55-Inch Smart TV SCRAP IT, INC./

MINICHIELLO BROS., INC.

All Signage

ROADSAFE TRAFFIC SYSTEMS

Tim Hunt, CHST Dir. of Envt’l, Health and Safety W. L. French Excavating Corp.

Patrick W. Saltmarsh Corporate Safety Director J. Derenzo Companies

Safety Leadership: Proactive, Collaborative, Ongoing

Safety leadership is a critical aspect of ensuring the well-being and protection of individuals in various environments, from workplaces to homes and communities. A proactive, collaborative, and ongoing approach to safety leadership is essential in creating a culture of safety that prioritizes prevention, teamwork, and continuous improvement.

Proactive safety leadership involves taking preventive measures to identify and address potential hazards before they result in accidents. Instead of reacting to incidents after they occur, proactive safety leaders anticipate risks and implement measures to mitigate them. This includes conducting comprehensive risk assessments, analyzing past incidents and near-misses for root causes, and taking action to prevent similar incidents in the future. Proactive safety leaders also prioritize safety training and education, ensuring that team members are equipped with the knowledge and skills necessary to perform their tasks safely.

Collaboration is another key element of safety leadership. Collaborative safety leaders recognize that safety is a shared responsibility that involves everyone in the organization or community. They actively involve team members in identifying and addressing safety concerns and encourage open communication where employees feel comfortable reporting incidents, near-misses, or hazards. Collaborative safety leaders also foster effective teamwork and communication among different departments or teams to ensure that safety protocols are consistently followed across the organization.

Furthermore, a collaborative safety leader promotes a non-punitive reporting culture where team members feel safe reporting safety concerns without fear of reprisal. They understand that reporting incidents or near-misses is not about blame, but about learning from mistakes and preventing future incidents. Collaborative safety leaders use reported incidents as opportunities for improvement, conducting thorough investigations to identify root causes and implementing corrective actions to prevent similar incidents from occurring in the future.

continued on page 70

In addition to internal collaboration, safety leaders also prioritize collaboration with external stakeholders. This includes regulators, suppliers, contractors, and other relevant parties. Collaborative safety leaders maintain open communication and partnerships with these stakeholders to ensure that safety standards are met throughout the supply chain or project lifecycle. They actively engage in discussions, seek feedback, and exchange best practices to continuously improve safety performance.

Ongoing efforts are crucial in safety leadership. A safety leader understands that safety is not a one-time event, but an ongoing process that requires constant vigilance. They consistently monitor safety performance, review safety policies and procedures, and update them as needed to address changing risks and regulations. Ongoing efforts also involve conducting regular safety audits or inspections to identify potential gaps or deficiencies in safety practices and taking prompt action to rectify them.

In addition, ongoing efforts include regular safety communication and reinforcement. A safety leader consistently communicates safety messages to team members through various channels, such as safety meetings, toolbox talks, posters, emails, and other relevant means. They reinforce safety expectations through consistent reminders, recognition of safe behaviors, and prompt corrective action for unsafe behaviors. Ongoing safety communication and reinforcement help to keep safety at the forefront of everyone's minds and promote a safety-conscious culture.

and compliance with safety policies and procedures. They regularly analyze and interpret safety data to identify trends, patterns, and areas for improvement. Monitoring and measuring safety performance helps a safety leader to identify strengths and weaknesses in their safety program and make data-driven decisions to improve safety outcomes.

Safety leadership requires a proactive, collaborative, and ongoing approach to create a culture of safety. Proactive safety leaders take preventive measures, prioritize safety training, and anticipate risks. Collaborative safety leaders involve team members and external stakeholders, foster effective teamwork, and promote a non-punitive reporting culture. n

Serves over 2500 customers a week and is one New England's largest buyers, sellers and processors of scrap metal. For over 60 years our goal has remained the same - to provide the best prices in the industry along with top notch customer service! Call Fred Rogers at 617-595-5505

Measuring and monitoring safety performance is also a crucial part of ongoing efforts in safety leadership. A safety leader establishes key performance indicators (KPIs) and metrics to track safety performance, such as incident rates, near-miss reports, safety training completion rates,

Serves over 2500 customers a week and is one of New England’s largest buyers, sellers, and processors of scrap metal. For over 60 years our goal has remained the same - to provide the best prices in the industry along with top notch customer service! Call Fred Rogers at 617-595-5505

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Subcontractor Agreements:

Don't Get Burned - Here's What You Need to Know About Risk Transfer and Insurance

As a subcontractor in the construction industry, you know that working on a project involves risks. However, you can take steps to minimize your exposure to potential losses. One of the most critical steps is to carefully review any subcontractor agreement's risk transfer language and insurance requirements before signing it.

Risk Transfer Language

The risk transfer language in a subcontractor agreement outlines the allocation of risk between the subcontractor and the owner or general contractor. It is a legal mechanism used to shift the burden of risk from one party to another.

• Indemnification Clause: Requires the subcontractor to defend and hold the contractor harmless against any claims or losses arising from the subcontractor's work. For example, if the subcontractor's work results in property damage or bodily injury, the indemnification clause would require the subcontractor to cover the costs associated with the damage.

• Hold Harmless Agreement: Similar to indemnification, a hold harmless agreement requires the subcontractor to release the contractor from any claims or losses arising from the subcontractor's work. This clause is often used in conjunction with an indemnification clause.

• Limitation of Liability: Limits the amount of damages that one party can recover from the other party in the event of a breach of the contract. For example, the clause may state that the subcontractor's liability is limited to the amount of the subcontractor's fee for the work performed.

• Insurance Requirements: Subcontractor agreements often include insurance requirements that

specify the types and amounts of insurance coverage the subcontractor must carry.

These are just a few examples of risk transfer language that may be included in a subcontractor agreement. The specific language used will depend on the nature of the project and the parties involved.

As a subcontractor, it's essential to review the agreement carefully. You should ensure that the wording accurately reflects the obligations and risks associated with the project. If you have concerns about the language, consult an attorney to address them with the owner or general contractor before signing on the dotted line.

Insurance Requirements

Many subcontractor agreements include in-

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Insurance Perspective continued from page 73

surance requirements that specify the types and amounts of insurance that the subcontractor must carry. Common insurance requirements include:

• General liability insurance with at least $1 million per occurrence

• Workers' compensation insurance

• Professional/Pollution liability insurance (if providing professional services)

• Automobile liability insurance

• Umbrella/Excess Liability Insurance

In addition to these types of coverages, other specific insurance requirements may be necessary depending on the nature of the project and the parties involved. The purpose of these requirements is to ensure that all parties involved in the project are adequately protected in case of a loss.

Make sure you have the required insurance coverage, meet the minimum limits specified in the contract, and that they are appropriate for your business and the risk associated with the project.

If you have concerns about the insurance requirements, you should address them with the owner or general contractor before signing the agreement.

Reviewing the risk transfer language and insur-

Remember: a subcontractor agreement is a legal document, and the language and insurance requirements can have significant legal implications.

ance requirements in a subcontractor agreement is critical to protecting your business. Remember: a subcontractor agreement is a legal document, and the language and insurance requirements can have significant legal implications. Additionally, the parties should ensure that the scope of work, payment terms, and project timeline are clearly defined in the agreement.

Consulting with experienced professionals, such as a construction attorney or insurance broker, to ensure that you fully understand the risks and obligations associated with the project is a must. By taking these steps, you can minimize the potential for disputes and litigation and focus on delivering quality work to your clients. n

EnvironmEntal issuEs

DominatE Yarmouth town m EEting

(YARMOUTH) – Environmental protection was the focus of the recent Yarmouth town meeting that saw a large turnout of over 800 residents as the focus was placed on the town’s wastewater management plans.

After the wastewater facility plans got their approval, Selectman Mark Forest spoke about the next steps as the project moves forward.

“We’ve done an enormous amount of work to date so it’s not going to take long before we get this project up for bid, and our goal is to start construction in the Fall. So you could call this shovel ready, and we’re ready to go,” Forest said.

Article 18, a focal point at the meeting, deals directly with implementing the first phase of the comprehensive wastewater management plan that includes constructing sewer collections and the construction of a treatment plant.

Officials have looked into various revenue streams to cover portions of the cost which alleviates potential tax increases to residents, a focus point of the previous town meeting.

“We’re very thrilled at the local support and we appreciate all the residents of Yarmouth for turning out, it was a very engaging discussion, which is what town meetings are all about. It’s the opportunity for the residents of the town to come and speak and give town officials direction,” said Forest.

The lack of an effective wastewater infrastructure and 722% increase in population between 1951–2010 has led to environmental deterioration due to nitrogen pollution, which in turn

has led to the focus on changes to the region. Reprinted from capecod.com. Written by Zachary Clapp. n

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