Legislative Update

Mark Molloy, Esq., Cascade Strategies LLC

Massachusetts Legislature Returns; Budget and

Conference Committee Reports to Come

Having extended its formal legislative budget. Without federal assistance, the Massession past its July 31 deadline due sachusetts legislature faces the unenviable to the impacts of COVID-19, the Mas- task of implementing budget cuts or revenue sachusetts legislature continues to juggle two increasing measures. significant topics: the fiscal year 2021 budget At the same time, the Massachusetts legisand five conference committee reports. lature anxiously awaits a series of five confer-

Operating under an interim budget that ence committee reports being negotiated by essentially level-funded all services, the Com- groups of six legislators, three from the House monwealth will need a fiscal year 2021 bud- and three from the Senate. Comprehensive get sooner rather than later. Unfortunately for proposals addressing police reform, economic the Massachusetts legislature, it is easier said development, green energy, health care, and than done. As widely reported, COVID-19 transportation bonding are in the process of severely impacted the Commonwealth’s rev- being reconciled. It is unclear whether the enue picture. In comments made to the me- proposals will make an appearance before dia in early October, Speaker of the House the general elections, but it appears that the Robert DeLeo expressed concern that the House and Senate intended to finish each of Commonwealth’s revenue gap may approach the bills. While the police reform legislation a range of $2 billion to $6 billion, with the like- has garnered the most interest, the economic lihood towards the higher end. While media development, transportation, and health care reports indicate that the Senate Ways and reform bills may end up having a bigger impact Means Chair Michael Rodrigues echoes a within the Commonwealth. Per standard prosimilar theme, Senate President Karen Spilka cess, little to no information about the Conferhas remained optimistic that Congress will ence Committee process is made public until put partisan bickering aside to provide relief the negotiations are completed and a final bill to states. On October 7, the respective Ways is presented to the House and Senate, respecand Means Chairs hosted another econom- tively, for a simple “yes” or “no” vote. ic forecast hearing where public and private UCANE will continue to advocate for the sector economists painted the potential fiscal inclusion of language favorable to the conyear 2021 picture. On October 15, Governor struction industry in the fiscal year 2021 budCharlie Baker presented a new revenue mod- get and, where applicable, in each Conferel for the Massachusetts legislature to use as ence Committee report. a projection for the remaining fiscal year 2021 continued on page 9

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Legislative Update continued from page 7

MassDEP Finalizes PFAS Regulations

September saw the Massachusetts Depart- six PFAS compounds, these standards provide ment of Environmental Protection (Mass- a higher degree of protection, particularly for DEP) finalize regulations establishing en- sensitive subgroups including pregnant women, forceable standards for public drinking water nursing mothers, and infants. There are currentsystems impacted by per- and polyfluoroalkyl ly no federal PFAS standards for drinking water. substances (PFAS) while requiring regular test- The MassDEP regulations also require regular ing for the contaminants. In conjunction with the re-evaluation of data to determine whether stanannouncement, the MassDEP also awarded dards will need to be updated in the future. more than $1.9 million in awards to 10 public All community public water systems will be water supply systems in Ayer, Westfield, Barn- required to test for PFAS6. Large public water stable, Hudson, Millbury, Acton, Easton, Brain- supplies, those serving a population of 50,000 tree, Holbrook, and Randolph to support their ef- or more, will be the first to test for PFAS6 unforts to address PFAS contamination and design der the new regulations, beginning their initial treatment systems to eliminate it in their drinking PFAS6 tests January 1, 2021. Public water supwater. plies serving populations between 10,000 and

The new drinking water standard for PFAS 50,000 will begin initial tests April 1, 2021, and establishes a limit of 20 parts per trillion (ppt) those serving a population of less than 10,000 for the sum of six PFAS compounds, called will begin testing October 1, 2021. "PFAS6." The rule requires public water sup- As explained in the MassDEP press release pliers to test for PFAS6 and act when there is on this issue, the regulations, 310 CMR 22.07G, a detection above the limit. In using the sum of detail the responsive actions that public water suppliers must take when the limit – known as a Maximum Contaminant Level or MCL – is exEst. 1926 ceeded, as well as the provisions for public notice of such an exceedance so that communities

PROTECTING YOUR ASSETS, can be educated and proactive in protecting their drinking water quality.

BUILDING YOUR FUTURE. With increased PFAS testing underway, Insurance & Bonding Professionals community grant awards will provide funding to water suppliers for the planning, studies, pump Lou Tonry | Commercial Insurance tests, and engineering and design work necesKris Bibbo | Personal Insurance sary to remove PFAS contamination from water Kristin Erickson | Bonds systems. Each community listed above (Ayer, Westfield, Barnstable, Hyannis, Hudson, Mill-

QUINCY Crown Colony Office Park bury, Cummaquid, Acton, Easton, Devens, Brain300 Congress Street tree, Holbrook, and Randolph) recently received Quincy, MA 02169-0907 $200,000 to address their PFAS6 remediation (617) 773-9200 efforts. To date, 87 select private wells and 34

LEXINGTON Proud UCANE Member public water systems have received free PFAS6 238 Bedford Street, since 1954 testing, and 42 more public water systems are in Lexington, MA 02420 the process of being tested. (781) 861-1800 TONRY.COM For additional information about the finalized PFAS regulations, please visit: https://www. mass.gov/doc/pfas-mcl-revisions-to-310-cmr2200-clean-version-9-16-2020/download.

continued on page 11

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Water Pollution Still a Priority Issue for Cape Residents

According to a recent poll conducted by the Conservation Law Foundation (CLF), more than 80 percent of Cape Cod residents believe combatting water pollution in the region is a high priority issue. The majority of respondents also believe that addressing the problem should be a shared responsibility, with federal and state government bearing the brunt of the costs. The poll was commissioned by CLF and conducted by EMC Research.

As reported through a press release issued by the CLF, some of the poll’s findings indicated: • Pollution in the Cape’s bays and ponds is a high priority issue for voters and seasonal residents. • An overwhelming (86 percent) of respondents rated water pollution as a high priority issue. These results were consistent across all regions on the

Cape and among all demographic subgroups. • Awareness of the water pollution issue is high. A significant majority (71 percent) of respondents stated they have heard at least something about the water pollution issue on the Cape. When asked for details on what they have heard, many stated specifics about the issue including men-

tions of nitrogen, septic systems, and runoff. • Voters and seasonal residents understand the economic impacts of the water pollution issue and favor collaborative solutions to address it. Voters and seasonal residents see value in shared responsibility regarding the costs to address the Cape’s water pollution issues. • Over three in five respondents (68 percent) stated the federal government should take on a large portion of the cost, along with large tourist resorts (70 percent) and the state government (67 percent) also contributing their fair share.

Since 1966, Conservation Law Foundation has used legal challenges and advocacy to force solutions to a variety of New England’s environmental challenges. The group has been particularly active on Cape Cod to highlight the need to address nitrogen filled waters and meet the region’s multi-billion dollar water infrastructure funding gap.

For more information about the CLF’s efforts on Cape Cod, please visit: https://www.clf.org/makingan-impact/cape-cod-water-pollution/. continued on page 13

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Baker-Polito Administration Issues Grants to Support

Local Water Quality Management Efforts

On the last day of September, the Baker-Polito • Modeling in Red Brook Harbor to Support Administration announced $220,000 in feder- Total Maximum Daily Load (TMDL) Developal grants to six projects across the Common- ment. (Town of Bourne) ($48,344). The Town wealth to assess watershed pollution and plan for will estimate sub-watershed nitrogen loads that work to address water quality impairments. The proj- will be incorporated into a water quality model of ects, selected by the MassDEP, are based in Bourne, the Red Brook Harbor system to develop nitroDennis, Everett, Medfield, Monterey, and Springfield. gen load reduction goals.

The grants are funded by the U.S. Environmental • Dennis Impaired Waters Best Management Protection Agency (EPA) through Section 604(b) of the Practices (BMP) Assessment (Town of Denfederal Clean Water Act. Since 1998, MassDEP has nis) ($45,276). The Town will identify, prioritize, funded 109 projects under the 604(b) Water Quality and inspect town-owned property that contribManagement Planning program, totaling more than $5 utes stormwater runoff to the Bass River and million to address nonpoint source pollution problems. Swan Pond River systems for suitable locations The term “nonpoint source pollution” refers to contami- for implementing structural stormwater BMPs. nants that are carried to a waterway due to precipitation The project will result in three conceptual design and stormwater runoff from the land or infiltration into plans, one of which will be advanced to a final the soil. Common types of nonpoint source pollution in- design plan to be used for future construction. clude phosphorus and nitrogen from lawn and garden • Mystic Infiltration Trench Siting and Designfertilizers, bacteria from pet waste and waterfowl, oil Project. $40,450 (City of Everett) ($40,450). The and grease from parking lots and roadways and sedi- City will advance design plans for the eventual inment from construction activities and soil erosion. stallation of approximately 250 street infiltration

As announced in the MassDEP press release, trench Best Management Practices through eight the projects receiving funding are: municipalities within the Mystic River Watershed.

• Town of Medfield Stormwater Retrofit Evalua-

tion Project. (Town of Medfield) ($36,030). The

Bioretention Soil? Who makes that? Town will identify, prioritize, and inspect townowned property suitable for retrofitting structural stormwater Best Management Practices. The project will result in 25 percent design plans for the top three sites.

Stabilized stonedust? Who makes that? • Development of Preliminary Designs and Im-

plementation Plans to Reduce Phosphorus Loading in Lake Garfield. (Town of Monterey)

($8,500). The Town will prepare preliminary de-

CU-Structural soil? Who makes that? signs to install stormwater Best Management Practices to reduce phosphorus contributions to Lake Garfield.

• Improving Water Quality Through Green Infrastructure Capacity Building. (Pioneer Val-

Green roof soil? Who makes that? ley Planning Commission (PVPC) ($41,400). PVPC will prepare five to seven readily implementable stormwater Best Management Practice designs, with the focus on green infrastructure.

Reinforced soil? Who makes that? The project also offers a 35-to-40-hour green infrastructure certificate-training program for 20 municipalities and 10 technical community college students to increase the green infrastructure knowledge base and interest within the region. To find out more information about the grants and financial assistance related to water quality and watersheds, please visit: https://www.mass.gov/info-details/ grants-financial-assistance-watersheds-water-quality. continued on page 15