April 2026 Legislative Update

UCANE Testifies on Proposed Amendments to Emissions Rules; Highlights Legal and Practical Issues

On March 16, the Massachusetts Department of Environmental Protection (MassDEP) held a public hearing on proposed regulations to the Commonwealth’s Heavy-Duty Omnibus (HDO) and Advanced Clean Truck (ACT) rules, 310 CMR 7.40 et. seq. As previously reported in Construction Outlook magazine and mainstream media publications, the Commonwealth has had to delay both rules previously due to a variety of reasons. The most pressing? Recent actions by Congress and the Trump Administration have raised the specter that the Commonwealth’s adherence to the rules, originally developed by the California Air Resources Board (CARB) and approved by the United States Environmental Protection Agency (EPA) at the end of the Biden Administration, is no longer valid.

Nonetheless UCANE’s Executive Director Joe Nolan, joined by other organizations such as the Transportation Association of Massachusetts, Massachusetts State Auto Dealers Association, and the Massachusetts Water Works Association, offered oral testimony outlining both the legal and practical concerns with the MassDEP’s actions. Among other organizations who also testified through written testimony included, but was not limited to the Retailers Association of Massachusetts; the Greater Boston Chamber of Commerce; the Engine Manufacturers Associations; the Massachusetts Forest Association; the Massachusetts Chemical and Technology Association; the Statewide Towing Association of Massachusetts; and a variety of companies, including UCANE members such as C. N. Wood Co.,  Inc. and W. L. French Excavating Corp.

In UCANE’s written testimony, which acknowledged the HDO and ACT rules murky legal underpinnings, the association wrote:

“At the outset, UCANE appreciates the MassDEP’s decision to further delay the HDO rule. There remains a significant lack of compliant engines in the MHD truck market, due in part to ongoing federal uncertainty as to whether the HDO and ACT rules are even legal in light of recent federal actions revoking the California Air Resources Board’s waivers under the federal Clean Air Act. The issue is now further compounded by manufacturers being told not to comply with the HDO rule, which creates further supply limitations. As a result, it is clear that the market is not yet capable of supplying sufficient HDO-compliant vehicles to meet demand in Massachusetts. The delay is both practical and necessary, and UCANE encourages the MassDEP to remain flexible should additional delays prove warranted.

With that in mind, UCANE continues to have serious concerns regarding the ACT rule and the proposed amendments. The central issue is straightforward: electric medium- and heavy-duty vocational trucks that meet the operational requirements of UCANE members do not currently exist at scale or capacity in the marketplace. UCANE members rely on highly specialized trucks equipped with power take-off (PTO) systems and other auxiliary functions necessary to operate critical equipment such as vacuum pumps, cranes, hoists, and hydraulic systems. These vocational configurations demand significant and sustained energy output, which current electric truck technology cannot reliably provide.

Even where electric truck models are technically available, they are not viable substitutes for the equipment UCANE members depend on daily. Electric MHD trucks currently suffer from limited range, reduced payload capacity due to battery weight, performance degradation in cold weather conditions, and significant constraints on jobsite usability—particularly for projects requiring continuous operation or remote deployment. These limitations fundamentally undermine the ability of contractors to perform essential public infrastructure work.”

In the past couple of years, UCANE has been working with a wide variety of associations and companies to highlight the pragmatic and legal problems associated with the HDO and ACT rules. With Massachusetts law requiring the Commonwealth to follow laws and regulations created in California, it has become exceedingly apparent that the Commonwealth lags far behind California in many of its policies and infrastructure investment decisions. Even in California, the well-intentioned, but unrealistic rules, have led to an assortment of direct and indirect harm for end users of medium- and heavy-duty trucks and the businesses and residents they serve.

Administration Awards Stormwater Management Grants

Mid-March saw the Healey-Driscoll Administration award $267,000 to seven regional watershed coalitions and planning collaboratives to help communities better manage stormwater and keep harmful pollution out of Massachusetts waterways.  

As detailed in the MassDEP press release on the same, stormwater is created when rainwater and snow melt flows over hard surfaces like pavement, collecting pollutants like oil from roadways and bacteria from pet waste. This polluted stormwater runoff travels through storm drains directly into rivers, lakes, and other waterbodies—harming water quality and limiting fishing, boating, and swimming. The funding enables regional watershed coalitions and planning collaboratives to develop innovative programs to limit pollution, better detect illicit discharges, manage construction site runoff, and enhance public education and participation in stormwater management. 

The awarded projects will help communities meet the requirements of the Municipal Separate Storm Sewer System (MS4) permits that are required to manage stormwater discharges and prevent pollutants from entering storm sewer systems. Two hundred and sixty Massachusetts municipalities are subject to the MS4 permit. The MS4 Permit is issued by the EPA under the Clean Water Act National Pollutant Discharge Elimination System (NPDES), and the projects are selected by the Massachusetts Department of Environmental Protection (MassDEP).

The groups receiving funding are:

 

• Berkshire Regional Planning Commission (BRPC)($63,225). The BRPC will work with the Pioneer Valley Planning Commission (PVPC) and Waterstone Engineering to improve stormwater planning tools for local communities. The project will add new stormwater management designs, create a practical guide to help communities choose the right solutions for specific locations, update cost estimates, and provide training for municipal staff on the planning tools.
• Charles River Watershed Association ($55,480). The Charles River Watershed Association will help install stormwater controls to help reduce nutrient pollution in the Charles River Watershed. A technical advisory committee and consultant will work to build public-private partnerships that allow municipal stormwater to infiltrate on private land.
• Greenscapes North Shore Coalition ($17,212). The Greenscapes North Shore Coalition will conduct public outreach activities to address and reduce pet waste pollution, combining a high visibility public signage campaign with stormwater education and regional advocacy to reduce pet waste pollution and support MS4 compliance for North Shore Communities.
• Merrimack Valley Planning Commission (MVPC)($33,500). The MVPC will expand its regional stormwater mapping tool, the LID Viewer, to help municipalities identify priority sites for management, reduce flooding risks and move projects closer to funding and implementation. MVPC will work directly with municipal staff through surveys and outreach to confirm existing data, track progress, and identify top stormwater mitigation opportunities.
•  Neponset River Watershed Association and Neponset Stormwater Partnership ($41,860). The proposed project will create and/or adapt standardized design details for green stormwater infrastructure features and develop a framework for identifying key policies around retrofitting priorities in lead partner towns so that retrofitting can be routinely incorporated into other infrastructure maintenance projects. This framework will serve as a model to help other Neponset Stormwater Partnership communities implement a similar approach.
•  Massachusetts Statewide Municipal Stormwater Coalition (MSMSC)($16,000). The MSMSC will translate public education graphics, flyers, and social media posts from the Think Blue MA Education and Outreach toolkit into four non-English languages.
• Old Colony Planning Council ($39,935). The Stormwater Partnership Pilot will bring together Abington, Bridgewater, and Plympton to build a shared stormwater asset inventory and develop peer-to-peer training for municipal staff. Through GIS mapping, field assessments, and joint workshops, the project will strengthen local capacity to meet MS4 permit requirements.

The Stormwater MS4 Municipal Assistance Grant Program, introduced in 2017, enables groups of Massachusetts municipalities to expand their efforts to meet requirements for the 2016 Small Municipal Separate Storm Sewer System (MS4) General Permits, and to reduce stormwater pollution through coordinated partnerships that emphasize resource sharing.

For more information about this grant program, please visit: https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality#stormwater-ms4-municipal-assistance-grant-program.

 

EPA Takes Action Against Microplastics;

Further Financial Concern for Water Systems Ahead?

Federal requirements on acceptable (or unacceptable) limits of contaminants in drinking water can have a trickle-down effect on state regulations – particularly where a specific state standard does not currently exist. One new area to watch: microplastics. At the start of April, the United States Environmental Protection Agency (EPA) and United States Department of Health and Human Services (HHS) announced coordinated actions to address microplastics contamination.

According to a joint press release from the EPA and HHS, for the first time in the program's history, EPA is including microplastics as a priority contaminant group in its draft Sixth Contaminant Candidate List (CCL 6), now open for public comment. CCL 6 also includes pharmaceuticals as a group—another first—along with per- and polyfluoroalkyl substances (PFAS), disinfection byproducts, 75 individual chemicals, and nine microbes that may be present in public drinking water systems.

Additionally, the Advanced Research Projects Agency for Health (ARPA-H) announced the launch of STOMP—Systematic Targeting of Microplastics—a first-of-its-kind nationwide initiative to build a comprehensive toolbox for measuring, researching, and removing microplastics and nanoplastics (MNPs) from the human body. STOMP takes a three-pronged approach:

•  Measure: Deploy gold-standard detection technology to accurately quantify microplastics levels in water and human tissue.
• Target: Identify the most harmful plastic contaminants and determine how they enter and move through the body.
• Remove: Develop and validate methods to eliminate microplastics from the human body.

Together, these two initiatives represent the most comprehensive federal effort to date to understand and combat the risks posed by microplastics to public health.

By way of background, the CCL is published every five years under the SDWA and guides EPA's research priorities, funding decisions, and regulatory agenda for substances not yet subject to national drinking water standards. Inclusion on the CCL does not constitute regulation, but signals that a substance warrants serious scientific attention and may be considered for future regulatory action.

To learn more about the Draft CCL 6, please visit: https://www.epa.gov/ccl/draft-contaminant-candidate-list-6-ccl-6.

Additional Awards for Watershed Coalition Surface Water Monitoring

The Healey-Driscoll Administration announced $200,000 in Water Quality Monitoring Grant funding for five watershed coalitions across Massachusetts. Administered by the MassDEP, the grants will support surface water monitoring efforts in rivers, lakes, ponds, and coastal resources in eastern Massachusetts, the Connecticut River Valley, and Cape Cod.

The awarded funding will be used for hands-on activities like collecting water samples, training local teams, and setting up ongoing programs to track water quality in the regions. The Water Quality Monitoring Grant program is designed to bring people and groups together, focusing on projects that are located in or will benefit disadvantaged communities. The program addresses surface water issues by testing water, talking with residents, and teaching people how to protect and improve their local water resources. 

The water quality data from these efforts will help the MassDEP to implement program requirements under the federal Clean Water Act. Grants are available to eligible federally or state recognized Tribal Nations within the Commonwealth and non-profit organizations, including watershed groups, lake and pond associations, and other organizations with expertise in conducting surface water quality monitoring.

The grant recipients and project awards include:

Connecticut River Watershed Council d/b/a Connecticut River Conservancy ($50,000). Organizations: Deerfield River Watershed Association, Fort River Watershed Association, Chicopee 4Rivers Watershed Council, Millers River Watershed Council, and X-Cel Conservation Corps

Buzzards Bay Coalition ($49,823). Organizations: Wampanoag Tribe of Gay Head Aquinnah Environmental Laboratory and Westport River Watershed Alliance 

Ipswich River Watershed Association ($33,398). Organizations: Parker River Clean Water Association, Chebacco Lake and Watershed Association, and Friends of Hood Pond, Inc. 

Nashua River Watershed Association ($47,310). Organizations: OARS 3 Rivers, Charles River Watershed Association, and Mystic River Watershed Association 

North and South Rivers Watershed Association ($19,469). Organizations: Neponset River Watershed Association and Cohasset Center for Student Coastal Research 

For more information on this grant program, please visit: https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality#water-quality-monitoring-grant-program.

News in Brief

DOR Reports Increased Revenue Amid Uncertainty. The Massachusetts Department of Revenue reported that preliminary revenue collections for March totaled $4.355 billion, $164 million or 3.9% more than actual collections in March 2025, and $64 million or 1.5% above benchmark. Fiscal year 2026 year-to-date collections totaled approximately $30.660 billion, which is $980 million or 3.3% more than actual collections in the same period of fiscal year 2025, and $653 million or 2.2% above the year-to-date benchmark. March 2026 revenue included increases relative to March 2025 collections in withholding, non-withholding income tax, and sales tax. As the Commonwealth enters uncertain times relative to reduced federal funding assistance, policymakers and budget analysts are keeping a close eye on the Commonwealth’s revenue tools.

Committee Takes Action on Remaining “Sideguard” Bill. The Joint Committee on Transportation reported on a variety of matters that were originally outstanding on an extension order until March 31, 2026. One of the matters on which the Committee took action on was Senate Bill 2343 An Act Expanding the Truck Safety Program, which would have expanded the current law requiring sideguards, convex and concave mirrors, and rear-view cameras to all municipal, quasi-independent, and utility contracts. The matter was placed into a study order. A similar House matter, House Bill 3653, was placed into a study earlier in the session. UCANE opposed the legislation for a myriad of reasons including, but not limited to, concerns about its constitutionality and the fact the state program was only truly kicked off in January of this year. Further review of the program will allow for an analysis to determine improvements to this program.

Committee Extends Tax Proposal on Heavy-Duty Trucks. At the outset of the 2025-2026 legislative session, particular attention was given to Senate Bill 1941, An Act Establishing a Highway Use Tax for Heavy Trucks. The legislation would introduce a Connecticut style tax surcharge on all motor vehicles exceeding 26,000 lbs. gvw for miles traveled in the Commonwealth. The Joint Committee on Revenue recently extended the reporting period for the legislation until late June. UCANE and other medium- and heavy-duty end user organizations will continue to oppose the passage of this anti-trucking/anti-commerce legislation.

Tarr Wins House Seat. Andrew “Dru” Tarr won the special House election to succeed his former boss, Representative Ann-Margaret Ferrante, who died in November. Representative-Elect Tarr, a Democrat who worked as Ferrante’s research and district director for more than two years, captured nearly 64% percent of the vote in the 5th Essex district. Republican Christina Delisio received 28.9% of the vote, followed by independent candidate Gilbert Frieden. The district includes Essex, Rockport, Manchester-by-the Sea, and Gloucester. Representative-Elect Tarr, a lifelong Gloucester resident, began working in state government in 2016 as a legislative aide. Before that, he was campaign manager for Ed O’Reilly’s run for Essex County sheriff and the membership and outreach director for the Young Democrats of Massachusetts.

 Howard Sworn in as Senator. Democratic Representative Vanna Howard of Lowell won the special Senate election to succeed Senator Ed Kennedy, who died in October. Senator-Elect Howard captured 58.1% of the vote for the First Middlesex Senate District; Republican businessman Sam Meas garnered approximately 23% of the vote, followed by unenrolled candidate Joe Espinola. The district includes Lowell, Dracut, Dunstable, Pepperell, and Tyngsborough. A survivor of the Cambodian genocide who came to the United States at age 11, Senator-Elect Howard worked for Congresswoman Niki Tsongas for 11 years. She was elected to represent the 17th Middlesex District in the House in 2020. 

Cape Cod Communities Receive Nitrogen Pollution Reduction Grants

According to a press release from the MassDEP, the Healey-Driscoll Administration announced that $830,000 in grants have been awarded to nine Cape Cod municipalities to support projects that reduce nitrogen pollution and help the towns meet septic system (Title 5) and water protection regulations. 

The Natural Resource Nitrogen Sensitive Areas (NRNSA) Grant Program, administered by the MassDEP, helps communities develop plans to comprehensively address wastewater and other sources of nitrogen pollution. Excess nitrogen has been an ongoing problem in Cape Cod, where it has fueled the growth of nuisance plants, weeds, and algae that use up much of the oxygen in the water — harming water quality and forcing out indigenous fish and plant species. 

State regulations allow Cape communities to choose a watershed-wide solution to mitigate nitrogen pollution by applying for a Watershed Permit. Alternatively, a town may choose to address wastewater solutions, via Title 5, by using improved septic technologies for new construction in areas heavily impacted by nitrogen. MassDEP is supporting the work of towns that choose the comprehensive Watershed Permit solution by providing both technical and financial assistance.

The nine Cape Cod towns receiving NRNSA grants are: Barnstable ($137,719); Brewster ($ 58,680); Bourne ($100,000); Dennis ($150,000); Falmouth ($7,182); Mashpee ($130,000); Truro ($59,199); Wellfleet ($37,220) and Yarmouth ($150,000).

To learn more about the NRNSA grant program, please visit: https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality.

 

Administration Issues Additional Water and Stormwater Grants

In a separate January announcement, the Healey-Driscoll Administration announced nearly $1.3 million in funding to support eleven drinking water and stormwater projects across Massachusetts. 

One set of grants is from the Water Management Act Grant Program, an effort by the Executive Office of Energy and Environmental Affairs (EEA) and MassDEP to maintain the state’s healthy rivers and streams and restore degraded water resources over time. The awards announced from this category total $489,480 to strengthen water management, streamflow restoration, and stormwater management by seven public water suppliers. 

The second set of grants, also administered by the MassDEP, was issued under the Small, Underserved, Disadvantaged Communities grant program. This voluntary, non-competitive program is designed to assist small, underserved, and disadvantaged communities that need additional support to meet federal drinking water requirements, reduce exposure to Per-and Polyfluoroalkyl Substances (PFAS), remove sources of lead, and address local drinking water challenges. The announced awards totaled $793,000 to support four public drinking water systems in completing critical upgrades and capital improvements that enhance water quality and remove contaminants. 

Under the Water Management Act (WMA) grant program, awards were made to communities including Milford, Hadley, Hopkinton, Shrewsbury, Attleboro, Provincetown, and Webster. These awards will fund stormwater project design, water treatment and supply planning, conservation outreach, district metering to detect leaks, interconnections to improve system resilience, and studies to reduce withdrawals while supporting long-term capital and operational needs. Together, these projects strengthen local water systems, protect stressed water resources, and advance more efficient water use statewide.

Under the Small, Underserved, Disadvantaged Communities grant program, awards were made to Blandford, Dighton, Plymouth, and Oxford to support critical drinking water infrastructure upgrades. Funded projects include ozone and aeration treatment systems, chemical byproduct removal, corrosion control and filtration improvements, and storage tank rehabilitation. These targeted investments help smaller and vulnerable communities improve water quality, modernize aging systems, and ensure safe, reliable drinking water for residents.

Funding for Small, Underserved, Disadvantaged Communities grants is provided by the U.S. Environmental Protection Agency through the Water Infrastructure Investments for the Nation (WIIN) grant program launched in 2018, authorized under the federal Safe Drinking Water Act. Since 2018, MassDEP has awarded a total of $3,325,000 to public water suppliers serving small, underserved, and disadvantaged communities across Massachusetts.

To learn more about this program, please visit: https://www.mass.gov/info-details/emerging-contaminants-in-small-or-disadvantaged-communities-grant.

News in Brief

Laskey Announces Departure from MWRA. Mr. Fred Laskey, the longest tenured Executive Director in the Massachusetts Water Resources Authority’s history, announced that he is resigning at the end of March after a 25-year run. Mr. Laskey oversaw exponential growth while ensuring stability and fiscal diligence during his time as the head of the state’s largest water authority. Before joining MWRA in June 2001, Mr. Laskey served as Commissioner of the Massachusetts Department of Revenue from 1991 to 2001, managing the Commonwealth's tax administration, child support enforcement and local services. He served as Secretary of Administration and Finance from 1998 to 1999. Mr. Laskey holds a Bachelor of Arts degree in Political Science and History from the University of Massachusetts, Boston.

 Barber to Run for State Senate Seat being Vacated by Jehlen. Representative Christine Barber, current House Chair of the Joint Committee on the Environment and Natural Resources, announced her intention to run for the State Senate seat (2^nd Middlesex District) being vacated by Senator Patricia Jehlen at the end of this term. The district covers parts of Cambridge, Somerville, Medford and Winchester. Representative Barber, the Greater Boston Food Bank's Advocate of the Year Award, Advocates of Autism of Massachusetts' Autism Champion Award, the Disability Policy Consortium's Thomas Menino Award for Public Service, and Metropolitan Area Planning Council's Legislator of the Year, is known as a legislator who works well with legislators across the political spectrum. Recent accomplishments include passing bills she filed such as: the Work and Family Mobility Act, a bill that allows all people to apply for a driver’s license, regardless of immigration status; salary range transparency which requires employers to disclose the pay range in job postings and track salary information; and eliminating copays for insulin, inhalers, and other drugs to address high-cost prescriptions. The daughter of a public-school teacher and manufacturing plant manager, Chair Barber earned a Master’s in Public Policy and Administration from the University of Massachusetts, Amherst and a B.A. from the College of the Holy Cross in Worcester.