BEACON HILL BEAT
NOVEMBER 2007
DEP RELEASES 2008 CLEAN WATER & DRINKING WATER STATE REVOLVING LOAN FUND DRAFT LISTS
The DEP Division of Municipal Services released the CY 2008 Draft lists for Clean Water and Drinking Water State Revolving Loan Fund (SRF) projects, with proposed funding totaling over $430 Million. The SRF 20 or 30 year 2% low-interest loans are awarded to communities and authorities to implement the requirements of the federal and state Clean Water Act and Safe Drinking Water Act. Hearings for both Draft lists will be held in December to allow applicants an opportunity to comment on their Draft scores and present additional data. The DEP will publish the Finalized 2008 funding lists for the Clean Water and Drinking Water SRF programs at the beginning of next year.
~ 2008 Clean Water SRF Draft Funding List ~
The DEP received over $1 billion in funding requests for 2008 Clean Water SRF Funds, including 39 New Construction Projects totaling over $267.9 Million, 19 Planning Projects totaling over $7.7 Million, and 5 Multi-year Carryover Projects totaling $37.7 million. Total approved funding on the Draft list is $318.76 Million. A copy of the Clean Water SRF Draft list can be found on the Internet at: http://mass.gov/dep/water/wastewater/08cwiupd.pdf
~ 2008 Drinking Water SRF Draft Funding List ~
For the Drinking Water SRF, the DEP received applications totaling over $751 Million including 19 New Construction Projects totaling $78.9 Million, 10 Multi-year Carryover projects totaling $30.6 million, and two Planning Projects totaling $555,000. The total approved funding on the Draft Drinking Water list is $113.15 Million. A copy of the Drinking Water Draft list can be found on the Internet at: http://mass.gov/dep/water/wastewater/08dwiupd.pdf
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REP. PETERSON NAMED AGRICULTURE COMMISSIONER
Governor Deval Patrick appointed Representative Doug Peterson (D-Marblehead) Commissioner of the Massachusetts Department of Agriculture Resources. Peterson, first elected to the House in 1990, has served on the Joint Committee on Environment, Natural Resources, and Agriculture for his entire career, serving as Chairman from 1997 to 2001. Additionally he has been a member of the Council on State Governments’ Agriculture Subcommittee. The Department of Agricultural Resources' mission is to support, promote and enhance the long-term viability of Massachusetts agriculture with the aim of helping our state’s agricultural businesses become as economically and environmentally sound as possible.
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DEPARTMENT OF PUBLIC SAFETY & DIVISION OF OCCUPATIONAL SAFETY RELEASE
EXCAVATION & TRENCH SAFETY REGULATIONS
On November 2, 2007, the Department of Public Safety (DPS), in conjunction with the Division of Occupational Safety (DOS), promulgated regulations that establish standards to prevent unauthorized access to unattended trenches in the Commonwealth. The regulations, 520 CMR 14.00: Excavation and Trench Safety were written following the enactment of Chapter 82A of the General Laws. Chapter 82A, also referred to as Jackie’s Law, sets forth the required content of the regulations and was passed by the Legislature following the death of 4-year-old Jackie Moore, who was buried when an unattended trench collapsed in a private backyard.
DPS and DOS have delayed the enforcement of the regulations until January 1, 2009 to provide municipalities and excavators with the opportunity to become familiar with the regulations and take necessary steps to implement the required provisions.
The three major components of the regulations are:
- The requirement that excavators obtain a permit prior to digging any trench.
- The establishment of standards for securing a trench when it is unattended.
- The authority of the Department to fine excavators for the failure to adhere to the regulations.
Other highlights of the regulations include:
- Regulations require that municipalities establish a permitting authority to act as the permit-granting body for the city or town where trenches are created on a public way, municipal property, or private property. Municipalities may also choose to create a regionalized permitting authority.
- Regulations require that state agencies designate a permitting authority to act as the permit granting body for the state agency where trenches are created on state-owned property or property the agency otherwise has an interest in, such as an easement.
- Regulations require that excavation of unattended trenches be secured by posting an attendant, backfilling, barricading, or covering the trench to prevent unauthorized access by the general public.
- Regulations authorize the permitting authority, the DPS, or the DOS to immediately shut down an unattended trench where a safety hazard is identified and prohibit reopening until the safety hazards are mitigated and the site is re-inspected.
- The regulations authorize the Department to issue a fine for each violation of the regulations, in addition to any disciplinary action taken against the excavator by a permitting authority, such as revocation or suspension of a permit.
A copy of the Excavation and Trench Safety regulations can be found on the Internet at: www.mass.gov/Eeops/docs/dps/inf/
520CMR_14.00_excavation_trench_safety_final.pdf
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STATE OF CALIFORNIA SUES EPA OVER EMISSION STANDARDS
The State of California has filed a lawsuit against the United States Environmental Protection Agency (EPA) for failing to act on California’s tailpipe emissions waiver request. Fourteen other states are expected to join California as interveners in the lawsuit, including Massachusetts, New York, Arizona, Connecticut, Illinois, Maine, Maryland, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington and Pennsylvania.
Under the Federal Clean Air Act, California is allowed to set its own vehicle emission standards as long as it obtains a waiver from EPA. Over the past 30 years the EPA has granted California more than 40 such waivers. The original request for a waiver of federal pre-emption of California's Motor Vehicle Greenhouse Gas Emissions Standards was made by the California Air Resources Board (CARB) on December 21, 2005.
The waiver, allowing California to enact and enforce emissions standards to reduce greenhouse gas emissions from automobiles, was requested after CARB developed regulations based on a 2002 California law requiring California to establish new standards for motor vehicle greenhouse gas emissions beginning in model year 2009. The CARB adopted regulations will phase in and escalate over eight years in an effort to cut global warming emissions from new vehicles by nearly 30 percent by model year 2016.
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