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November 2025 Legislative Update

Healey-Driscoll Administration Announces MVP Grants

October saw the Healey-Driscoll administration announce $28.7 million in grants to help 54 Massachusetts communities prepare for increasingly extreme weather – including heat waves, flooding, wildfires and storms. This year, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) made a targeted effort to recruit rural and small towns into the Massachusetts Vulnerability Preparedness (MVP) Action Grant program, with $11.1 million going specifically to those areas. 

According to a press release from the EEA, the funding supports “real, on-the-ground improvements – such as rebuilding parks with shaded spaces where residents can cool off during heat waves, protecting wetlands that reduce flooding in neighborhoods, and designing safer, more affordable housing on higher ground.” Other projects include new wildfire evacuation routes, culvert upgrades to stop roads from washing out, and emergency plans to protect people most at risk.  

The MVP Program is a statewide initiative that helps cities and towns plan and implement locally driven strategies to deal with the immediate and long-term impacts of climate change. The program goes beyond funding plans – it helps communities turn those plans into action. Since its inception in 2017, MVP has funded over 500 projects ranging from stormwater system upgrades and cooling shelters to updated zoning and emergency response planning. This year’s initiative also emphasizes equity and inclusion. A new effort launched this year as part of MVP 2.0 pairs communities with equity partners – local organizations and individuals that specialize in community engagement. These partners help towns ensure that planning reflects the needs of all residents, especially those most at risk. 

The MVP program is also a piece of Governor Maura Healey’s recently proposed Mass Ready Act, the Environmental Bond Bill, which includes $315 million to further invest in local economies. MVP is a priority program of ResilientMass, the statewide climate adaptation plan to reduce risk and strengthen communities in the face of climate change impacts.  

With respect to stormwater and watershed management, the MVP grants include, but are not limited to Abington and Rockland, the Nature-Based Stormwater Resilience: Abington & Rockland Watershed Assessment project focuses on improving stormwater management and watershed assessment ($350,000). The Fort River Watershed Culvert Assessment and Prioritization Plan in Amherst, Belchertown, Hadley, Shutesbury, and Pelham aims to identify and prioritize culvert upgrades for better watershed flow ($427,700). In Avon, the From Rain to Resource: The Water Journey initiative promotes innovative groundwater recharge solutions ($222,700), while Belchertown is undertaking the Hop Brook Culvert Replacement to modernize stormwater conveyance ($2,764,404). The Berkshire Regional Planning Commission, in collaboration with Clarksburg, is advancing the Four Corners Floodplain Restoration and Flood Resilience Phase II project to restore natural floodplains and improve drainage ($445,020). Boston is enhancing natural stormwater absorption through the Boston Nature Center Wetland and Stream Restoration project ($400,000), and Brookfield is replacing aging culverts on Rice Corner Cross Road to reduce flood risk ($605,676).

To streamline the application process for resilience projects, the next round of MVP Action Grants will be part of the new Environment and Climate One Stop. This unified application platform will allow applicants to access multiple EEA grant programs that fund climate resilience and restoration projects. This pilot initiative will be modeled after the Executive Office of Economic Development’s Community One Stop for Growth. EEA is accepting expressions of interest for new projects at this time.  

More information about the MVP program and the EEA’s new “One Stop” grant program can be found at: https://www.mass.gov/environment-climate-one-stop.

Joint Committee on Labor and Workforce Development Hears Wage Theft and Offsite Fabrication Bills

The Joint Committee on Labor and Workforce Development, chaired by House Chair Paul McMurtry and Senate Chair Jake Oliveria, held a public hearing on two bills of concern to UCANE members in October. House Bill 2094/Senate Bill 1300, Acts Relative to Wage Theft, and House Bill 2162 / Senate Bill 1318, An Act Relative to Prevailing Wage for Offsite Fabrication, were the subject of a public hearing on October 28.

In support of the wage theft legislation, workers, labor advocates, and legal aid representatives testified that wage theft remains a widespread problem across Massachusetts while highlighting the construction, hospitality, and service industries. Testifiers provided examples of nonpayment and misclassification, stressing that current enforcement mechanisms are often too slow or inaccessible. An unspoken, but consistent theme that emerged was about enforcement authority and whether sufficient tools actually exist to enforce existing laws. Proponents argued that provisions such as joint and several liability – whereby all employers in the vertical working relationship are held responsible – will provide the means necessary to ensure compliance.

UCANE joined with the Associated Builders and Contractors, Massachusetts Chapter; Associated Industries of Massachusetts; Associated Subcontractors of Massachusetts, Inc.; Construction Industries of Massachusetts; Greater Boston Chamber of Commerce; Greater Boston Real Estate Board; NAIOP Massachusetts; National Federation of Independent Business; and Retailers Association of Massachusetts in submitting written opposition to the measure. While acknowledging the importance of holding bad actors responsible, these groups raised concerns about potential overreach and administrative burdens associated with simply adding more laws. Specifically, it was emphasized that any tools needed for enforcing wage and benefit violations already exist. At a minimum, opponents urged the Committee to recognize that this is an issue where more funding is needed for enforcement of the existing set of comprehensive wage and benefit laws. (Historically, UCANE and other contractor associations have additionally raised concerns about the application of onerous joint and several liability standards, criminal law standards, as well as private rights of action.)

At the same hearing, the Committee took testimony on House Bill 2162/Senate Bill 1318, the offsite fabrication and prevailing wage bill, which would apply the Commonwealth’s prevailing wage law to include offsite fabrication work for a wide variety of projects. In particular, weekly submission of certified payroll records and accompanying statements would be required for companies outside of the Commonwealth – despite the fact they may be operating under a completely different set of state laws and have no direct contract with the Commonwealth at all. Of note, the legislation defines “offsite fabrication” as (a) produced specifically for a qualified project; (b) considered to be non-standard, custom fabricated items, not generic products readily available for any project; and (c) produced at an offsite location that are part of plumbing, electrical, mechanical, and sheet metal systems, including but not limited to piping, fixtures, equipment, wirings, ductwork, and other component or parts of such systems.

In opposing the legislation, UCANE noted that the legislation presents a wide variety of legal and practical problems. From a legal perspective, UCANE noted it would be “hard to imagine how requiring companies – with no connection to Massachusetts other than a contract with a contractor – can be held to Massachusetts wage laws without implicating interstate commerce and the protections of the commerce clause. Simply put, this legislation would have a direct and substantial impact on companies that operate in interstate commerce.”

From a practical perspective, UCANE highlighted that the proposed legislation sets a slippery slope for what contractors will be responsible for guaranteeing in the future. The legislation neither defines what a “non-standard item” is or what a “qualified project” is. Further, almost any prefrabicator manufacturer will refuse to reveal “the name, address, and occupational classifications of each mechanic, apprentice, laborer or other employee employed in the performance of such work, the hours worked by, and, wages paid to, each such employee.” Contrary to popular belief and given the scarcity of certain supplies today, a general contractor is often subject to the prefabricator’s conditions for completing work and not vice versa. Given the choice of work between a Massachusetts contractor who may have to demand legally questionable pay schedules and standards or another contractor from another state without legally questionable pay schedules, it is not hard to imagine the Massachusetts contractor will be left without necessary and key project materials. This in turn drive up costs and delay projects.”

Both bills, which have historically received favorable reports from the Joint Committee on Labor and Workforce Development, are expected to receive favorable reports. To review the wage theft proposal, please visit: https://malegislature.gov/Bills/194/H2094. To review the application of prevailing wage laws to offsite fabrication legislation, please visit:  https://malegislature.gov/Bills/194/H2162.

Wage Transparency Law Now in Full Effect

Massachusetts’ wage transparency law aimed at promoting pay equity and accountability among employers is now fully in place. Signed by Governor Maura Healey on July 31, 2024, the law requires companies to disclose salary ranges in job postings and share pay range information with job applicants and employees. It also mandates certain employers (100+ employees) to submit pay and demographic data to the state, mirroring federal reporting requirements. The initiative reflects the state’s broader commitment to addressing gender and racial pay disparities through greater openness in compensation practices.

The new law had two major implementation dates. On February 1, 2025, employers with 100 or more employees began submitting workforce demographic and pay data to the Secretary of the Commonwealth. Then, on October 29, 2025, all employers with 25 or more Massachusetts employees must now include pay ranges in job advertisements and disclose them to employees when offering promotions, transfers, or upon request. The October date aligns with the state’s 90-day constitutional waiting period for new statutes to take effect.

Accordingly, employers should now be proactive in reviewing and, as necessary, revise job postings, to ensure compliance. Covered employers should clearly state the salary or hourly wage range they reasonably expect to pay for a role, and maintain consistent pay-range data across recruiting, human resources (HR), and management systems. The Massachusetts Attorney General’s Office is charged with enforcing the law, beginning with warnings and escalating fines for repeat violations — potentially reaching $25,000 for persistent noncompliance. Employers have a brief “cure period” during the first two years after implementation to fix issues before penalties apply.

To learn more about the wage transparency law, please visit: https://www.mass.gov/info-details/pay-transparency-in-massachusetts.

News in Brief

ACEC Massachusetts Announces Next Executive Director. Mr. Kevin O’Shea has been announced as the incoming Executive Director of the American Council of Engineering Companies of Massachusetts (ACEC/MA), succeeding Ms. Abbie Goodman after a transition period. Mr. O’Shea has experience from both public and private sectors, including his most recent role as Director of Government Affairs at National Grid for New England—where he led efforts on clean energy, climate resilience, and grid modernization—and earlier work within the Massachusetts Executive Office of Energy and Environmental Affairs on energy policy and conservation. In his new role, he will advance ACEC/MA’s mission of representing over 120 engineering, surveying, and affiliated firms in Massachusetts, advocating for responsible infrastructure investment, sound policy, and professional development for the firms that design the Commonwealth’s roads, bridges, water systems, buildings, and energy infrastructure. Ms. Goodman, who has served as ACEC/MA’s Executive Director for close to thirty (30) years, has been instrumental in the success of countless infrastructure initiatives related to water, roads, bridges and transit throughout her tenure.

MTF Releases Mass Ready Act Analysis. The Massachusetts Taxpayers Foundation, a neutral research organization based in Boston, has released its analysis of the Healey-Driscoll Administration’s Environmental Bond Bill. Known as the Mass Ready Act, a $3.1 billion Environmental Bond Bill, was filed by the Healey-Driscoll Administration during the summer. The legislation proposes a new five-year capital plan and a series of policy initiatives aimed at improving climate resilience, protecting natural resources, and expanding access to open space. In addition to funding infrastructure upgrades and state-of-good-repair programs, the bill seeks to integrate climate considerations into planning, permitting, and local decision-making. It also introduces new programs and funding mechanisms to help the state adapt to evolving federal funding dynamics through proactive investment. The MTF brief provides: a comparison of proposed investments to prior environmental bond bills; an overview of how the authorizations fit into the state’s Capital Investment Plan; and a summary of major policy proposals and their potential impacts. The MTF report may be reviewed at: https://www.masstaxpayers.org/mtf-summary-governor-healeys-mass-ready-act.

Eng Replaces Tibbits-Nutt as MassDOT Secretary; Gulliver Promoted. On October 16, 2025, Governor Maura Healey announced that Monica Tibbits‑Nutt decided to step down from her roles as Secretary of Transportation and Chief Executive Officer of the Massachusetts Department of Transportation (MassDOT). She has agreed to remain in an advisory capacity through December 31st to facilitate a smooth transition before returning to the private sector. During her tenure, Ms. Tibbits‑Nutt oversaw significant infrastructure achievements, including major projects like the Cape Cod Bridges, the Sumner Tunnel Restoration, and West/East Rail. In conjunction with her departure, Governor Healey appointed Mr. Phil Eng — currently the General Manager of the Massachusetts Bay Transportation Authority (MBTA) — as Interim Secretary of MassDOT. Secretary Eng will serve in this new role while continuing to lead the MBTA, pulling double duty during this period. Eng brings decades of transit and infrastructure experience, including senior roles at the New York State Department of Transportation and the Long Island Rail Road. MassDOT’s Highway Administrator, Mr. Jon Gulliver, a longtime and well-regarded leader at MassDOT, has been promoted to the position of Undersecretary.

Massachusetts Tax and Competitiveness Ranking. According to the Tax Foundation’s 2026 State Tax Competitiveness Index. Massachusetts ranks among the bottom ten (10) states for its “overly burdensome” individual income taxes, property taxes, and unemployment insurance (UI) taxes. The Tax Foundation is a “non-partisan” research organization based in Washington, DC, originally founded by leaders of General Motors and Standard Oil, that hews towards a business-friendly perspective. Massachusetts’ ranking largely comes as a result of the 2022 amendment to the state constitution imposing an additional 4 percent surtax on income greater than $1 million. The Tax Foundation found the measure undermines the Commonwealth’s formerly competitive flat income tax and makes Massachusetts less attractive for certain households and businesses. The Tax Foundation further highlighted that the Commonwealth is also an outlier in imposing a separate payroll tax for non-UI purposes. Finally, Massachusetts’ rating reflects its corporate excise tax, which has a capital stock base component, that imposes high burdens on businesses with large amounts of capital in Massachusetts. The tax structure also includes a throwback rule that exposes Massachusetts’ businesses to high tax burdens when they sell tangible property into states with which they do not have nexus. To review the Tax Foundation’s report, please visit: https://taxfoundation.org/statetaxindex/.

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