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UCANE E-News

June 12, 2009
Submitted by Michael Galli
Legislative Liaison

House Passes 15% Apprenticeship Requirement

UCANE, together with other Construction Trade Associations, has been working to reduce the 20% Apprenticeship Requirement for projects exceeding $1M that would be implemented in all ARRA funded projects.  UCANE suggested reducing the amount of apprentices required on a site and increasing the minimum project size from $1M to $25M.  As the requirement stands:

We are currently waiting to hear if the two versions of the bill will head to Conference Committee for debate.  We will update members as information becomes available.

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MassDEP Releases Final Diesel Retrofit Specifications

With the efforts of MassDEP, MassHighway, UCANE, Representatives from other State Agencies and Associations, the Final Diesel Retrofit Specifications have been released and will be included in the State Revolving Fund (SRF) Plan and Specification Checklist.  The finalized specification will:

  1. Require diesel construction equipment, greater than 50HP, to be retrofitted with a diesel retrofit device verified by EPA or CARB.

    Or:

    Allow non-verified diesel retrofit devices to meet contract specifications if such devices meet the same minimum emission reductions as a verified device, and if the contractor has obtained a performance certification from the retrofit device manufacturer that the device provides the required emission reductions.  Emission control technology that is certified by manufacturers must meet the following minimum emission reductions:

                        Particulate Matter:                     20%
                        Carbon Monoxide:                     40%
                        Volatile Organic Compounds:    50%

  1. Allow Tier 3 equipment to satisfy the contract specs until an equivalent tier 4 engine is available for the applicable engine power group.  Tier 4 engines do not require diesel retrofit devices.
     
  2. Discontinue the exemption that allows contractor-owned construction equipment to be exempt from contract specifications if its on the construction site for less than 30 cumulative days.  Rental equipment used on the site for less than 30 cumulative days will continue to be exempt from diesel retrofit requirements.

NOTE:  For a copy of the new diesel retrofit specification, please contact the UCANE office at (617) 471-9955 or email mgalli@ucane.com or lgarzik@ucane.com.

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Chatham’s CWMP Moves Towards Implementation

Provided by Chatham, MA May 2009 Wastewater Newsletter

Chatham’s Draft Comprehensive Wastewater Management Plan (Draft CWMP) has successfully completed state and Cape Cod Commission (CCC) regional environmental reviews and is now being submitted for final approval. The Town is taking steps to move forward with initial implementation. The first elements will be the upgrade and expansion of the Town’s Wastewater Treatment Facility (WWTF) and expansion of the existing Wastewater Collection System.  The timing of this initial implementation makes this phase of the project eligible for federal Stimulus funds with the potential to save Chatham residents tens of millions of dollars. A fact sheet summarizes the progress of this wastewater planning process; the proposed initial and long-term implementation plan; and the cost savings that may be realized by moving forward at this time.

PDF Download the complete Chatham 2009 Wastewater Newsletter, including the fact sheet.

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State SJC Rules Employers Must Compensate Employees For Unused Vacation Time Upon Discharge

In issuing their decision, the MA Supreme Judicial Court found that the Attorney General’s Office’s interpretation of the Wage Act, which protects employee’s rights to receive wages, was appropriate. Employees must be compensated for their unused vacation upon discharge.  Attorney General Martha Coakley stated, “In these difficult economic times, it is important that employees receive their full compensation upon termination from employment.  We are pleased that the State’s highest court has made clear that vacation time is wages and that employees must be compensated for their unused earned vacation time upon discharge.  We encourage any workers who believe their rights under the Wage Act have been violated to contact our office.”

Additonally, the Court found that the Wage Act does not require an employer to offer vacation time to employee, but if vacation time is offered to an employee, the employee must be compensated for the unused earned portion of vacation time upon discharge.

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Worcester, MA On Track To Purchase Watershed Lands

Approximately 30 acres of undeveloped land will be sought after to increase watershed protection of the Quinapoxet Reservoir, one of Princeton’s largest drinking water sources.   With a price tag of approximately $510K for the six lots, City Manager Michael O’Brien is in search of authorization from the City Council to proceed with the acquisition which Mr. O’Brien said will improve water quality and assist in keeping water treatment costs down.  According to Mr. O’Brien, Worcester has already been awarded a grant of up to $210,200 by the MassDEP, leaving a cost to the City of approximately $299,800.  City funds are available for the acquisition in the Department of Public Works Water Enterprise Capital Land Acquisition account.  Robert Moylan Jr., Commissioner of Public Works and Parks, said the six lots were subdivided from a larger parcel and are suitable for development.  “Through the efforts of the Trust for Public Land, brothers Roger and David Brooks have agreed to sell the six lots to the city for $510,000,” Mr. Moylan said. “The owners agreed to a reduced price from the original value of $625,000 in order to include all of the acreage in this transaction.”

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List Of Mass. Projects Utilizing Flaggers

The Patrick administration released a list of 71 construction projects across Massachusetts where civilian flaggers will be utlized:

DISTRICT 1
DISTRICT 2
DISTRICT 3
DISTRICT 4
DISTRICT 5

List provided by MassHighway.

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