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January 2025 Legislative Update
Vulnerable User Regulations Released by MassDOT; Enforcement to Begin December 2025
After a variety of advocacy from stakeholder groups, in early January the Massachusetts Department of Transportation (MassDOT) released its revised regulations on 540 CMR 4.00 et. seq., relative to mandatory safety equipment for trucks on state contracted jobs. The proposed regulations are based on Chapter 358 of the Acts of 2022, which established a series of safety measures designed to protect vulnerable users of the Commonwealth’s roads and bridges. In enacting these safety measures, the Massachusetts legislature worked to establish a balance between the needs of all stakeholders who use the Commonwealth’s roads on a daily basis, including vulnerable users and general contractors. As explained to stakeholders throughout the legislative process, the requirement to install convex and concave mirrors, lateral protective devices (i.e. sideguards) and back-up cameras were to be balanced with mechanisms to ensure those entities contracting with the Commonwealth had reasonable means to comply with the new law.
Under the now final regulations, a registered motor vehicle, trailer, semi-trailer or semi-trailer unit classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more, that was leased or purchased by the Commonwealth on or after January 1, 2023, or operated under a contract entered with the Commonwealth on or after January 1, 2025, must be equipped with truck safety devices including a lateral protective device, convex mirrors, crossover mirrors and back up camera. However, UCANE, with a wide variety of other stakeholder groups, was able to successfully advocate for a series of changes to the initial proposed regulations. Of note, contractors will not have to certify compliant vehicles until December 31, 2025. At that date, “starting December 31, 2025, [a] contracting Commonwealth agency that identifies non-compliance with respect to a vehicle that is subject to this section may enforce these regulations”. This one-year enforcement delay will allow both the Commonwealth and stakeholders to ensure compliance in a reasonable manner as contractors must upload information about compliant trucks into a new Registry of Motor Vehicles (RMV) web portal.
In addition, UCANE, working alongside the Massachusetts Municipal Association, Construction Industries of Massachusetts and others, was able to ensure that the regulations do not apply to municipal projects just because they utilize state funding. Specifically, the regulations do not apply to “[h]eavy [v]ehicles operating under a municipal contract and grant program funded with state aid through Commonwealth Agencies, such as a Chapter 30 Program, Municipal Small Bridge, and Complete Streets.” Finally, the regulations specifically state that the regulations do not apply to heavy vehicles responding to a federal, state or local emergency. Finally, in a change from the proposed regulations, the new regulations do not apply to contracts with the Commonwealth in effect before January 1, 2025.
UCANE is pleased that MassDOT has included a robust waiver process for contractor vehicles that simply cannot accommodate some of these required pieces of equipment. Owners of motor vehicles that are subject to the truck safety devices may apply for a waiver from any or all of the requirements listed above. Waivers may be granted if: (a) a vehicle cannot comply with the requirements in this section due to the design, operation, or other safety considerations relating to the vehicle; or (b) a vehicle is designed such that its shape, characteristics, or component parts can be regarded as an adequate replacement or a functional equivalent substitute for the requirements herein.
As you may recall, a variety of organizations submitted testimony to MassDOT relative to their support for, or specific concerns about, the proposed regulations in July 2024. To the aforementioned point, UCANE submitted written testimony acknowledging the importance of the regulation’s efforts to promote public safety, but also requesting clarifications on a variety of inconsistencies between the law and proposed regulations. Specifically, UCANE noted that the initial regulations impermissibly tried to extend the responsibility to equip subject vehicles to municipal contracts which is not supported under the law. Further, UCANE sought clarification that delivery persons, who have no privity of contract with a general contractor in the same manner a subcontractor does, are not subject to this new regulatory scheme. Finally, in addition to a variety of more technical observations and suggestions, UCANE asked that MassDOT create an “exempted vehicle list” or “waiver list” for certain types of motor vehicles to prevent the potential for creating an administrative logjam within MassDOT, something that UCANE will continue to work towards.
To review relevant information about this issue, please visit MassDOT’s information page at: https://www.mass.gov/info-details/truck-safety-devices.
UCANE Testifies on Emissions Rules before MassDEP
UCANE Executive Director Joe Nolan testified before the Massachusetts Department of Environmental Protection’s (DEP’s) public hearing relative to the agency’s decision to delay the heavy-duty omnibus (HDO) rule. The DEP held two virtual public hearings on Monday, December 9th at 1:00 PM and 5:30PM to hear testimony about their decision. The first hearing saw 93 attendees although most of those individuals simply observed the proceedings. The early hearing had a strong showing for those looking to delay the HDO and Advanced Clean Truck (ACT) rule when the Massachusetts Municipal Association started with a presentation from four or five towns, ranging from the Mayor of the City of Newton to the DPW Directors from the Town of Wilbraham, Town of Lexington, and Town of Andover. From industry, UCANE as well as representatives from associations like the Massachusetts Energy Marketers Association, New England Bus Association, Massachusetts Regional Transit Authority Association, as well as individual companies from companies like J. F. White Contracting Co. and Flynn’s Truck Plaza weighed in. At the late day hearing, significantly less people attended (21 people), but the Trucking Association of Massachusetts presented testimony on behalf of industry while the Sierra Club did the same for the environmental community. Testimony was consistent: industry groups and companies talked about realistic day-to-day problems with the HDO and ACT rules while the environmental groups focused on general facts related to air quality mixed with comments about truck manufacturers.
In addition to Executive Director Nolan’s oral testimony, UCANE submitted written comments on the regulatory change. In part, UCANE’s written testimony indicated the following:
“As UCANE has indicated to your agency prior to this hearing, the upcoming implementation of the HDO and ACT rules will have a substantial and negative impact on the construction industry due to a lack of technological advancements, a lack of needed infrastructure improvements and, realistically, a lack of compliant medium and heavy-duty trucks for purchase at this time.
With respect to the delay of the HDO rule, many manufacturers have yet to produce enough engines that comply with these regulations while others have simply foregone trying to do the same. Massachusetts’ early adoption of the HDO rule means that Massachusetts state agencies, municipalities and businesses are all competing against each other for an extremely limited supply of compliant trucks. As it stands, the market for medium and heavy-duty electric trucks is significantly less advanced and, in fact, much smaller than that which exists for passenger vehicles. As such, there are simply no HDO compliant medium- and heavy-duty trucks available for purchase. In all reality, there will not be enough HDO compliant vehicles available next year – notwithstanding the lack of the rules waiver from the Federal Clean Air Act from the United States Environmental Protection Agency (EPA).
Further complicating this calculus is the planned implementation of the ACT rule on January 1, 2025. While the HDO rule reduces the types of available engines for medium and heavy-duty diesel trucks, the ACT rule is essentially a bar to accessing necessary medium-and heavy-duty diesel trucks anyways. No one is currently buying electric medium- and heavy-duty trucks. Why? The currently available electric medium and heavy-duty trucks do not have the same range or carrying capacity as their diesel counterparts. Further, if an electric truck is actually available for purchase, it is prohibitively expensive. Construction companies cannot absorb the purchase of one, non-standard truck for $500,000 to $600,000 in an extremely competitive industry that relies on competitive bidding. Working as closely as we do with municipal Department of Public Works (DPWs) and water departments, we know most cities and towns cannot afford to purchase electric medium- and heavy duty trucks either. Like our construction company members, municipalities also rely on the regular turnover and replacement of medium and heavy-duty trucks within their fleets; meaning that acquiring the necessary vehicles post-January 1, 2025, will be extremely challenging, if not impossible.”
While the DEP has pushed implementation of the HDO rule until January 1, 2026, the ACT rule has gone into effect as of January 1, 2025. The end-user stakeholder coalition pushing for a delay in this rule will continue to advocate for the same. Stay tuned for more information and potential action from the federal government impacting the same in the new year.
Legislature Ends 2023-2024 Session in a Flurry; Kicks Off New Session
The end of the 2023-2024 legislative session was full of activity as the Massachusetts legislature sent over 100 bills to the Governor for her approval in the last week of activity. Among the highlights of legislating frenzy was the passage of two omnibus health care bills addressing private equity in health care and the regulation of pharmacy benefit managers. While the vast majority of the hundred or so bills were local, home rule petitions, there was a variety of policies passed in the session’s waning days.
Bills that flew through the branches Monday ranged from matters affecting single communities to proposals with statewide implications such as a bill to prevent professional license revocation over unpaid student loan debts, automated enforcement on school buses, and dental hygienist related legislation. The most notable part of this session’s informal session season was the passage of numerous conference committee reports that normally would not have been processed post-July 31of the second year of the two-year session. According to the State House News Service, House Speaker Ron Mariano and Senate President Karen Spilka have signaled some interest in changing the way they structure their two-year terms, a task influenced by the work they completed this fall and winter. Matters that advanced during informal sessions included an omnibus economic development bill, a substance misuse bill, a maternal health bill, as well as the aforementioned health care bills.
There was no rest for the weary despite the end of session flurry as the Massachusetts legislature was sworn in on January 1st. The start of the 2025-2026 legislative session saw the re-election of House Speaker Ron Mariano and Senate President Karen Spilka as their respective chamber’s leader. Representative Brad Jones won a contested race for House Minority Leader while Senator Bruce Tarr will again assume the mantle of Senate Minority Leader. In the House of Representatives, there will be 19 new Representatives while the Senate will see 3 new Senators, two of whom previously served in the House. Early areas of work will likely include rules reform to reflect the new reality of being able to pass larger bills past July of the second year, the filing of the Governor’s FY’26 budget proposal, and assignment of leadership and committee assignments in both branches.
Healey-Driscoll Administration Grants $246,000 to Cities and Towns for Water Quality Protection
Towards the end of December, the Healey-Driscoll Administration announced awards of $246,000 in grants to four regional watershed coalitions and planning collaboratives in Massachusetts. It is hoped the funding will spur innovation and information-sharing to assist local cities and towns in reducing pollution in stormwater that harms water quality. The MassDEP selected and awarded projects from the Massachusetts Statewide Municipal Stormwater Coalition, the Charles River Watershed Municipal Stormwater Collaborative, the Town of Brookline, the City of Waltham, and Northern Middlesex Council of Governments.
The programs funded by these grants will assist municipalities in meeting the requirements of the Municipal Separate Storm Sewer System (MS4) Permit. The MS4 Permit, issued by the EPA under the Clean Water Act National Pollutant Discharge Elimination System (NPDES), aims to reduce harmful pollutants from being washed into waters of the Commonwealth by storm drains. Municipalities are required to develop stormwater management programs that include public education and outreach, public participation, illicit discharge detection and elimination, management of construction site runoff, management of post construction site runoff, and good housekeeping measures to reduce pollution.
The groups receiving funding are:
§ Charles River Watershed Municipal Stormwater Collaborative ($57,900)
Stormwater Control Measure Inspection & Maintenance Toolkit Phase II
This project will build on the Fiscal Year 2024 SCM inspection and maintenance (I&M) Storymap by adding graphics for up to four SCM types, highlighting key areas for inspection and providing guidance on communicating maintenance needs. Additionally, videos will be produced to demonstrate best practices for maintaining up to two SCMs.
§ Massachusetts Statewide Municipal Stormwater Coalition ($48,000)
Think Blue Massachusetts Phase VI
Develop and produce a new video that focuses on actionable steps and solutions to common stormwater pollution issues. Develop a social media toolkit, expand available resources and educational materials on the Think Blue MA website by creating a resource library; and update the Think Blue MA website which is publicly accessible.
§ Town of Brookline and City of Waltham ($70,000)
Catch Basin Cleaning Alternative Phosphorus Credit Study
This study will develop recommendations for an alternative catch basin cleaning phosphorus credit for communities in Massachusetts with Phosphorus Control Plan requirements. The study will evaluate the Chesapeake Bay TMDL credit as a potential alternative. This credit is based on mass-removal of catch basin sediments.
§ Northern Middlesex Council of Governments ($70,500)
Northern Middlesex Comprehensive Watershed Study: Phase 1- Stormwater Asset Inventory and Collaborative Mapping
This project will create a comprehensive GIS-based inventory of stormwater assets. The focused approach will enhance collaboration, streamline MS4 compliance, and improve water quality and the lesson can be more broadly applied throughout Massachusetts.
For more information about the Commonwealth’s stormwater management program and related grant programs, please visit: https://www.mass.gov/info-details/stormwater-permitting.
CDL Reform Law Aligning Federal and State Law for Past Infractions Passed
In an effort to align state and federal standards for commercial driver licenses (CDLs), Governor Healey signed legislation intended to protect the pool of qualified candidates for commercial driver’s licenses and provide relief to hundreds of CDL holders who were recently deemed disqualified.
Under the terms of the law, individuals who have experienced up to two disqualifying events prior to Sept. 30, 2005, would still be able to hold a commercial driver’s license provided they meet certain standards. The new law requires the RMV to draft regulations to establish guidelines and conditions under which a lifetime disqualification may be reduced to 10 years. Massachusetts law previously had a longer look back period.
Governor Healey filed the legislation in November in response to disqualification notices sent earlier in the year to approximately 485 individual CDL holders in Massachusetts. The bill was passed by the Legislature in the final hours of the session on December 31. Prior to passage, the RMV had notified the affected drivers that they would no longer be allowed to hold a CDL in Massachusetts due to disqualifying events, such as drug- or alcohol-related driving offenses, that occurred two decades or more ago. Soon afterward, the RMV instituted a process allowing a brief extension and appeal process for those receiving cancellation notices.
For more information about this new law, please visit: https://www.mass.gov/info-details/an-act-relative-to-commercial-drivers-licenses.
