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UCANE E-News
January 19, 2009
Submitted by Michael Galli
Legislative Liaison
MassDEP Draft 2009 Intended Use Plan (IUP)
UCANE has received DEP’s 2009 Draft IUP list for the Clean Water (CWSRF) and Drinking Water State Revolving Fund (DWSRF) projects. The available funds for the 2009 CWSRF program is approximately $300 million and $100 million for the 2009 DWSRF program. The CWSRF Draft IUP lists 16 new planning projects, 17 new construction projects plus 11 carry-over or statutory projects from the previous 2008 IUP. The DWSRF Draft IUP lists 14 new construction projects and 11 carry-over or statutory projects from the previous 2008 IUP. Click here for the 2009 CWSRF Draft IUP and the 2009 DWSRF Draft IUP. Traditionally, the Final IUP list will be higher than the Draft IUP.
NOTE: The outcome of any Stimulus Package could conceivably change these numbers.
UCANE Members Meet with
DEP Commissioner Laurie Burt
In December of 2008, UCANE members met with Commissioner Burt to discuss language pertaining to Diesel Retrofits. It was noted that the construction industry agrees with the need to reduce harmful pollutants from diesel engines. The industry supported the Environmental Protection Agency’s mandate to redesign engines as the most effective solution despite the fact it created additional costs to the contractor. The goal of the EPA is to reduce 90% of harmful pollutants by redesigning engines. It is therefore EPA’s intent to use "new engine" technology to solve the problem. Various other entities became involved in retrofitting "in use" engines in addition to the new engine theory for off-road machines. In most instances on-road machines did not need to retrofit "in use" engines. These corrective actions required for "in use" diesel engines have not only created wide spread confusion and tremendous costs, but is only a "band aid" approach.
NOTE: Increased enforcement of retrofit devices will take place in the spring.
FEDERAL JUDGE RULES MASS HIGHWAY VIOLATED STORMWATER REGULATIONS
Federal Court Judge William Young ruled that Mass Highway Department violated the federal Clean Water Law by failing to develop an adequate stormwater cleanup plan for its 2,500 miles or roads and bridges. Three environmental groups, the Conservation Law Foundation, Charles River Watershed Association, and the Leominster Land Trust brought the case against the state agency, for failing to properly implement a provision of the federal Clean Water Act requiring the control and clean-up of polluted water that runs off roadways into neighboring lakes and streams.
Patrick Grapples With $1.1 B Budget Gap
In his State of the State speech, Governor Deval Patrick told Massachusetts residents that the economic crisis is taking a heavy toll on the state and warned that looming budget cuts will be deep and painful. Patrick did not say how much he will cut from the budgeted $5.3 billion distribution of state aid to cities and towns, but he was clear that pain would be felt. "No one's priorities will be spared," he said. "Local services will be cut, and in many cases police, firefighters, and teachers will face layoffs."
An Act To Expand The Bottle Bill
In The Commonwealth
In a publication from The MWRA Advisory Board it stated, "staff is working to compile Legislative Priorities for the upcoming 2009-2010 Legislative Session. A major initiative underway is an effort to expand the Commonwealth’s Bottle Bill to include a deposit on bottled water. Under this expanded bottle bill, the unclaimed deposits from bottled water would be directed to a dedicated fund to be used by entities that maintain and replace water and sewer infrastructure. With over $8 billion needed to fix the state’s aging drinking water infrastructure, this legislation would provide a dedicated source to address neglected infrastructure needs. This type of innovation within an updated Bottle Bill would create a win-win situation for communities, ratepayers and the environment. The Advisory Board will work with the MWRA Legislative Caucus to file this bill and other important pro-ratepayer initiatives".
Reminder… New Trench Regs' Effective 03.01.2009
DPS and DOS are currently working with MassHighway and the Massachusetts Municipal Association to ensure that the all municipalities have a Permitting Authority established and are in full compliance with the March 1st deadline. For more information, including the statute and regulation and a list of FAQ’s, please review the "Trenches" Section of the Massachusetts Department of Public Safety - Executive Office of Public Safety
NOTE: UCANE to address new Trench Regs’ at Competent Person & Confined Space training on February 11, 2009. UCANE will continue to meet with DPS Commissioner Laura Marlin.
Tel: (617) 471-9955 • Fax: (617) 471-8939 • 300 Congress Street, Suite 101 • Quincy, MA 02169

