On 10/22/20, the Baker-Polito Administration announced a $774M comprehensive plan to stabilize and grow the Massachusetts economy. The plan focuses on getting people back to work, supporting small businesses, fostering innovation, revitalizing downtowns and ensuring housing stability. Partnerships for Recovery begins today by directing $115M in new funding to small businesses and Main Streets hardest hit by the COVID-19 pandemic and for workforce training efforts. Additionally, the Administration is aligning multiple funding sources, both existing and proposed, to appropriately respond to the crisis.

Partnerships for Recovery supports five key recovery efforts:

- Getting Massachusetts back to work
- Supporting small businesses
- Revitalizing downtowns
- Supporting housing equity and stability
- Fostering innovation

Governor Charlie Baker, Lt. Governor Karyn Polito, Housing and Economic Development Secretary Mike Kennealy, Labor and Workforce Secretary Rosalin Acosta, and Administration and Finance Secretary Michael J. Heffernan joined Joe Kriesberg, President and CEO of the Massachusetts Association of Community Development Corporations to announce the plan at the Gardner Auditorium.

"This plan represents a comprehensive strategy to get people back to work and to support the small businesses hit the hardest by the pandemic, putting the Commonwealth on a path to recovery," said Governor Charlie Baker. "By leveraging existing tools and programs and implementing new ones this plan will allow us to make critical resources and assistance to those who need it most available now."

"While we continue to combat this pandemic, this plan takes an approach that addresses key needs of the businesses in downtowns and main streets, provides housing support for vulnerable families, and opens new doors for people seeking to return to work," said Lt. Governor Karyn Polito. “While we acknowledge we still have a ways to go, this plan will help to jumpstart our innovation economy and position Massachusetts to be on a path for success.”

- Putting $115M to work right away for small businesses and workforce training, including more than $25M to get people back to work;
- Directing $323M in existing capital programs as part of the response to continue doing more of what works;
- Filing for $122M through the Revised H.2 budget to supplement existing funding in support of struggling Main Street businesses and skill building for residents;
- Steering $43M in Federal, trust and other state funding toward our most critical needs; and
- Committing $171M to keep people safely housed during the pandemic.

Getting People Back to Work

To get people back to work, new investments are being made to build workforce skills, growing training programs and pathways, forging new partnerships between employers and workers, and supporting internet connectivity to facilitate remote work and online career advancement. The more than $25M available now includes:

- $10.4M to engage Massachusetts employers by expanding workforce partnerships with large employers in target sectors to create aligned statewide training-employment pathways;
- $9.2M to subsidize internet for low-income populations, and to expand hot spots in unserved and underserved communities;
- $3.2M to modernize MassHire virtual pathways to assess and connect UI claimants to appropriate services and supports;
- $2M to bolster manufacturing training by purchasing a standardized virtual training program to increase workforce for the manufacturing sector; and
- $300,000 to supplement $8.4M toward Career Technical Institutes in H.2 to help close the skills gap for skilled technician jobs and align training to industry needs.
An additional $54M is available to support workforce recovery efforts through existing programming such as the Skills Capital Grants program, the Workforce Competitiveness Trust Fund, and the Workforce Training Trust Fund.

Revised House 2 also proposes $17.9M in workforce funding, including $8.4 million in funding to transform vocational high schools into Career Technical Institutes running three shifts per day. This initiative is designed to train 20,000 new workers over four years in skilled trades and technical fields including plumbing, HVAC, manufacturing, and robotics. This will consist of a combination of enrolling more high school students in high-impact vocational trade programs and expanding capacity for adults to earn industry-based credentials, aligned to apprenticeships and post-secondary degrees.

"These funds will provide critical re-employment services to our workforce, helping people make the transition from unemployment benefits to good paying jobs in some of the Commonwealth's key long term job growth sectors," said Secretary of Labor and Workforce Development Rosalin Acosta.

Direct Support to Small Business and Main Street

To generate economic growth amidst the COVID-19 pandemic and support Main Streets across Massachusetts, the Administration is investing $322.8M in direct support of small and diverse businesses and local communities. This funding includes grants (see details below) to the hardest hit small businesses, especially small businesses owned by women, minorities, veterans, or members of other underrepresented groups. These grant awards will allow small businesses to cover expenses such as rent, payroll, and utilities as they get back on their feet. Additional funding will support small businesses through hands-on and personalized technical assistance, including targeted support for women- and minority-owned businesses around digital and online technology as their business model pivots away from a brick-and-mortar location.

Many communities have seen their Main Streets and downtown districts hit particularly hard by the pandemic, and new funding aims to help cities and towns plan for short-term innovations and long-term recovery. A new $10M round of the Shared Streets and Spaces Grant Program will continue to help cities and towns quickly implement or expand improvements to sidewalks, curbs, streets, on-street parking spaces and off-street parking lots in support of public health, safe mobility, and renewed commerce in their communities. Separately, local recovery planning grants will soon be available to cities and towns to assist with long-term planning for their business districts. A total of $10M is available for this program.

To support the museums and other cultural facilities that have faced a particularly challenging reality this year, but remain a cornerstone of what Massachusetts offers to visitors, these institutions will be eligible for $10M in Cultural Facilities Operating Grants. This funding will help these organizations to make safety improvements and other upgrades to allow them to continue to offer their unique attractions and exhibits.

As part of this recovery plan, the Governor's recently filed revised budget proposal recommends over $100M in additional funding for economic recovery and development efforts, including $35M for community development financial institutions (CDFI) grants and loans, and $15M for matching grants for capital investments by businesses with 20 or fewer employees. Additionally, more than $115M in existing capital through programs such as MassWorks, and those in the MassDevelopment portfolio (Brownfields Redevelopment Fund, Site Readiness Program, Transformative Development Initiative, and Collaborative Workspaces), will be leveraged in support of economic recovery. This recovery plan complements the Administration's $275M economic recovery package, which was announced in June.

Small Business and Main Street Highlights (new funding):

- $50.8M in Small Business Grants to help the hardest hit businesses;

- $10M to continue funding the Shared Streets and Spaces Program;

- $10M for local recovery planning grants to support cities and towns;

- $10M to support cultural facilities such as museums;

- $8.3 million in small business technical assistance to help businesses access grant programs and loans, as well as help build business management skills, resilience, and other support in navigating pandemic impacts;

- Including $2.3 million to provide personalized technical assistance to woman- and minority-owned businesses;

"Our current circumstances call for a plan with the size and scope to match the urgency we need to address the most pressing challenges we now face," said Secretary of Housing and Economic Development Mike Kennealy. "By targeting vital resources toward these key areas, this strategy will allow us to lay a solid foundation for our path to recovery."

Additional Investments

To keep people safely in their homes during the pandemic and support small landlords with expenses, the Administration recently announced $171M in support of the Eviction Diversion Initiative. This comprehensive strategy includes funding to help to cover housing costs such as rent and mortgage payments, invest in new programs around mediation and legal representation, and provide repaid rehousing when a tenant is evicted. Additionally, the Administration continues to invest in the Commonwealth's stock of affordable rental housing with $121M in direct subsidies.

Massachusetts has long been a hotbed of innovation and creativity in science and technology, and sectors such as the life sciences and advanced manufacturing are not only critical to the innovation economy, but also continue to contribute to the response to the coronavirus. To ensure we continue to lead in this space, $62M in existing capital funding through the Massachusetts Life Sciences Center, the Massachusetts Technology Collaborative, and MassVentures is available to support recovery and growth.

Small Business Grant Program Details

Massachusetts Growth Capital Corporation (MGCC) is administering the Small Business Grants program, with $50.8M available beginning today. Grant awards range between $25,000 - $75,000, and eligibility criteria and applications are available here.

As part of this grant program, preference is given to small businesses whose owners are women, minorities, veterans, members of other underrepresented groups, or focused on serving the Gateway Cities of Massachusetts, who have been unable to open and those most adversely impacted by the COVID-19 pandemic. Preference is also given to applicants that have not been able to receive aid from other federal programs, including PPP and other relief related to COVID-19.

The program has two distinct funding 'doors' based on business size, with different eligibility criteria, which is available online. Applicants must review the information to determine which program to proceed with applying.

Governor Baker reported that public health experts have noticed an increase in positive cases, which was a possibility considering the "increased activity" in the fall and colder weather. While colleges have some students on campus, the Governor added that there has been aggressive testing on campuses. The Governor gave an update on COVID-19 testing, saying that in May, the Commonwealth’s 7-day average was around 15,000 tests a day. Now the Commonwealth has been averaging around steadily 55,000 tests a day over the past couple of weeks.

Governor Baker also announced that lower risk communities can transition to the second step of Phase 3.

Effective October 5, a limited number of sectors will be eligible to reopen, with restrictions, in Step II of Phase III for lower risk communities only: 

• Indoor performance venues will be permitted to open with 50% capacity with a maximum of 250 people.

• Outdoor performance venue capacity will increase to 50% with a max of 250 people.

• For arcades and indoor and outdoor recreation businesses, additional Step II activities like trampolines, obstacle courses, roller rinks and laser tag will also be permitted to open and capacity will increase to 50%.

• Fitting rooms will be permitted to open in all types of retail stores. 

• Gyms, museums, libraries and driving and flight schools will also be permitted to increase their capacity to 50%.

The Governor’s Revised Gatherings Order is the following:

• The limit for indoor gatherings remains at a maximum of 25 people for all communities.

• Outdoor gatherings at private residences and in private backyards will remain at a maximum of 50 people for all communities. 

• Outdoor gatherings at event venues and in public settings will have a limit of 50 people in Step I communities, and a limit of 100 people in lower risk, Step II communities.

Governor Baker gave an update on COVID-19 outside of the MBTA’s Green line. He was joined by Transportation Secretary Stephanie Pollack and MBTA General Manager Steve Poftak.

Officials explained that the MBTA took advantage of low ridership this summer and accelerated several projects on the green line, explaining that this will allow the MBTA to provide a more reliable, faster green line experience. Governor Baker reported that this project would have normally taken a full year, but the MBTA was able to complete it over the summer months and save 30% on construction costs.

Governor Baker reported that as of 9/1/20, 2.4 million people have been tested for COVID-19 in the Commonwealth, with testing up to 19,000 people per day in August, which is up from 12,000 people being tested per day in June. The statewide positive test rate is still hovering around 1%. The Governor said that overall statewide COVID stats are “in a great place” but several communities are still struggling.

On August 7, 2020, Governor Baker signed an updated gatherings order, effective Tuesday, August 11,  which will:

• Reduce the limit on outdoor gatherings from 100 to 50 people (indoor gatherings limit will remain at 25 people)
• Apply these limits to all types of gatherings, on both public and private property
• Require face coverings where more than 10 people from different households will be mixing.

To read the gatherings order, click here.

To read the updated restaurant protocols, click here.

More: https://www.mass.gov/news/baker-polito-administration-announces-new-initiatives-to-stop-spread-of-covid-19

On July 24, 2020, Governor Baker filed an executive order that says all travelers entering Massachusetts, including both out of state residents and Mass. residents returning home, will be required to comply with a new travel order effective August 1.
Under the new executive order, anyone entering Massachusetts will need to fill out a form about their travel, then either self-isolate for 14 days upon arrival or submit negative test results (taken within 3 days). The executive order states that it can fine those who do not quarantine or prove they tested negative for COVID-19 up to $500 per day. Travelers from lower risk states are not required to fill out the new form and do not need to quarantine. States that meet these criteria include those where average daily cases per 100K are below 6, and a positive test rate below 5%, both measured as a 7-day rolling average. As of today, those states are on that list: Maine, New Hampshire, Vermont, Rhode Island, Connecticut, New York, New Jersey and Hawaii.

Massachusetts Travel Form

More >

Reopening Massachusetts: Governor Initiates Transition to Third Phase of Four-Phase Approach
Consistent with Public Health Data and Trends,

Phase III, Step 1 of Reopening Massachusetts Set to Begin on July 6

On July 2, 2020, the Governor announced that on July 6, Phase III, Step 1 of the Commonwealth’s reopening plan will begin and updates on gatherings will be in effect. For the City of Boston, Phase III and the gatherings order will take effect on Monday, July 13. 

The Department of Public Health (DPH) also issued updated guidance to mitigate the spread of COVID-19. 

Full guidance and list of businesses eligible to reopen in Step One of Phase III can be found at www.mass.gov/reopening. Businesses and sectors set to begin opening in Phase III are subject to compliance with all mandatory safety standards.

Massachusetts moved into the second phase of its re-opening plan on June 8 as restaurants opened for outdoor dining, hotels permitted room guests and retailers welcomed shoppers back inside their stores. Meanwhile, the state projects a $6.2B deficit in its Unemployment Insurance Trust Fund by the end of 2021.
Refer to the Reopening Massachusetts and Mass.gov COVID-19 site for regular updates on business openings, testing facilities, and other resources and refer to Mandatory Safety Standards for Workplaces for additional guidance.

Employers are also encouraged to review any re-opening guidance issued by local municipalities.

On June 6, Governor Baker announced that Phase Two of the Commonwealth’s reopening plan will begin on Monday, June 8.

The following businesses will be eligible to reopen in Step One of Phase II on June 8, with contingencies: retail, with occupancy limits; Childcare facilities and day camps, with detailed guidance; Restaurants, outdoor table service only; hotels and other lodgings, no events, functions or meetings; warehouses and distribution centers; personal services without close physical contact, such as home cleaning, photography, window washing, career coaching and education tutoring; post-secondary, higher education, vocational-tech and occupation schools for the purpose of completing graduation requirements; youth and adult amateur sports, with detailed guidance; outdoor recreation facilities professional sports practices, no games or public admissions; non-athletic youth instructional classes in arts, education or life skills and in groups of less than 10; driving and flight schools; outdoor historical spaces, no functions, gatherings or guided tours; Funeral homes, with occupancy limits

The following businesses will be eligible reopen in Step Two of Phase II at a later date to be determined: indoor table service at restaurants and close-contact personal services, with restrictions, including: hair removal and replacement, nail care, skin care, massage therapy, makeup salons and makeup application services, tanning salons, tattoo, piercing and body art services and personal training, with restrictions

Governor Baker also announced that health care providers may also incrementally resume in-person elective, non-urgent procedures and services, including routine office visits, dental visits and vision care subject to compliance with public health and safety standards. All other in-person medical, behavioral health, dental and vision services may also resume on Monday, except for elective cosmetic procedures and in-person day programs, which will be included in Phase III. Telehealth must continue to be utilized and prioritized to the greatest extent possible, whenever feasible and appropriate.

Additionally, Baker reported that a total of 630,000 viral COVID-19 tests have been completed, and testing continues to increase throughout the state. Since mid-April, the 7-day average for the positive COVID-19 test rate is down 82%, the 3-day average of hospitalized patients is down 55%, and the number of hospitals in surge is down 76%.

Governor Baker’s full guidance document is located here

Boston Mayor Marty Walsh started his press conference with an update on the COVID-19 numbers in the City of Boston: on 5/18  there were 11,950 confirmed cases. Last week, Boston’s positive test result rate was 13.9%, a new low. The number of positive cases in the hardest-hit neighborhoods in Boston continues to decline. Despite the positives, the numbers still give a reason for caution. The Mayor urged residents to continue to stay home, practice social distancing, wash their hands and wear masks in public.

Mayor Walsh discussed the Governor’s phased reopening plan released yesterday: Open air construction projects in Boston are able to resume this week, with others opening next week. Contractors must submit COVID safety plans to return to work and safety training for inspectors. Nearly 2,300 safety plans have been submitted to the city. He reported that the city is in the process of developing a detailed plan for Boston offices. The statewide plan allows for 25% capacity on offices reopening on May 25, but the City of Boston will allow offices to reopen on June 1. The city will share guidelines for Boston offices next week. The City of Boston will allow small businesses to resume curbside pickups on May 25; The Mayor asked small businesses that do not feel comfortable opening to contact his office. He also reported that the state reopening plan allows for places of worship to reopen this week, with guidelines and limited capacity, but he has heard from some places of worship that do not feel comfortable reopening. He urged seniors in the City of Boston to act on the side of caution when it comes to attending services and asked seniors to reach out to faith leaders directly during this time.

5/18/2020: Construction Sites:

• https://www.mass.gov/doc/sector-specific-workplace-safety-standards-for-construction-to-address-covid-19/download
• https://www.mass.gov/doc/construction-protocol-summary/download
• https://www.mass.gov/doc/construction-checklist/download

5/18/2020: Governor Charlie Baker announced that phase 1 begins today which means manufacturing and construction sites are allowed to reopen, as early as today, if they meet the guidelines. Places of worship are allowed to reopen if they follow the guidelines set for them as well.  Around the state, offices spaces can reopen on May 25 if they meet health guidelines, and office spaces in Boston can start June 1. One of the new requirements is that office space can only reopen with 25% capacity. During phase 1, emergency childcare will be expanded for families that have no other option.

Hairdressers and barbers are included in phase 1 and can reopen by appointment only,  starting May 25. Restaurants, hotels, retail stores, nail salons, and public pools are included in phase 2. There will be at least a 3 week minimum waiting period between phases, but it could be longer, depending on data from health officials. Summer camps will be included in phases 2 and 3, and casinos, museums, and other entertainment-related businesses will get the green light in phase 3.

The “stay at home” advisory has been changed to a “safer at home” advisory, which the Governor urged residents to still stay at home unless they absolutely need to go out. Limit on gatherings still remains at 10 people. 

The full reopening report and guidelines and are located below.

Full Reopening MA Report

Sector-specific protocols and best practices:

• Construction - Permitted to reopen on May 18, 2020
• Manufacturing - Permitted to reopen on May 18, 2020
• Office Spaces - Permitted to reopen on May 25, 2020 (with the exception of Boston, which are permitted to reopen on June 1, 2020)
• Laboratories - Permitted to reopen on May 25, 2020
• Hair Salons and Barbershops - Permitted to reopen on May 25, 2020
• Car Washes - Permitted to reopen on May 25, 2020
• Pet Grooming Services - Permitted to reopen on May 25, 2020

Updated MBTA COVID-19 Procedures

5-4-2020 MBTA Letter on COVID-19 Procedure Updates

On Tuesday, May 5, the City activated the submission process for required COVID-19 Safety Affidavits and COVID-19 Safety Plans for permitted construction work. The City also announced the timeline to incrementally expand the categories of allowed construction to further align with the broader categories of construction defined as essential by the State. Read the announcement.

As of May 18, 2020, the City of Boston will allow essential construction projects on sites that meet the following criteria: (1) Projects are permitted, in compliance and have filed a Covid-19 Safety plan and a signed affidavit; (2) Project sites are sufficiently prepared to adhere to all criteria of their safety plan; and (3) the work is for hospitals, public schools, residential buildings (1-3 units), road and utility work, or other outdoor/open air-work such as steel erection, roofing and constructing foundations.

As of May 26, 2020, the City of Boston will allow all essential construction projects to recommence construction activities in adherence to their safety plans. This incremental approach will provide the time necessary to allow complex, large-scale development an opportunity to educate their workforce, safely remobilize and implement their site-specific Safety Plan

The City of Boston released 3 documents regarding the phased-in approach for the resumption of construction activities:

1. City of Boston COVID-19 Safety Affidavit and Plan Submission Process
   • COVID-19 Safety Plan - Compliance Affidavit​
2. City of Boston Construction Update 5 5 2020 FINAL (Chief Construction Update) 
3. Governor’s Executive Order’s Exhibit A Defining Essential Construction

On May 5, City of Boston announced it will take an incremental approach to broadening the allowable categories of construction. Effective May 5, all essential construction projects (as defined by the state, which currently means residential, hospitals, public schools, mixed use with residential, public works and construction related to COVID-19) with approved safety plans and signed affidavits as required under the COVID-19 Safety Policy for Construction will be authorized to prepare the site with project specific COVID-19 safety measures.

At no time will the City of Boston permit any construction beyond what is allowed by the Commonwealth. DPW and ISD will continue to monitor and enforce the COVID-19 Safety Plans for Construction. In accordance with the signed affidavit, contractors acknowledge and agree that non-compliance with any requirements may result in suspension of termination of work in progress of revocation of the City’s permit for such work.

On April 28, Governor Baker announced the formation of the Reopening Advisory Board, which is being Co-Chaired by Lt. Governor Karyn Polito and Housing and Economic Development Secretary Mike Kennealy. The Board brings together public health officials, business leaders and municipal government officials from across the state, and is charged with providing recommendations to the Administration to reopen the economy in phases based on preserving the health and safety of the Commonwealth's residents. ACEC/MA plans to provide stakeholder input  on the issues facing the engineering, A/E and land surveying business community. More info

Submit Comments to the Advisory Board

City of Boston Construction Protocols

On Friday, April 17, the City published a draft COVID-19 Safety Policy for Construction.  These are new requirements, designed to make job sites safer for workers and communities, that are expected to be implemented by Monday, April 27. 

Main Link

Due to COVID-19, the City of Boston will be implementing new protocols for essential construction work in the City of Boston. All essential construction sites must now submit a COVID-19 Safety Plan and a COVID-19 Safety Affidavit. These policies go into effect on April 27, 2020 for all essential construction. Nothing in these new protocols changes what construction is currently allowable in the City of Boston right now, but when construction resumes at some point, compliance with this policy will be required.

COVID-19 Safety Plan
This document will detail the job site practices that the contractor will follow to protect worker safety. Every contractor will be required to provide the City with this document when applying for a permit. If a job is already permitted, contractors must provide this document by April 27 or before work starts.
There are six key elements the City will be need in each plan:

1. steps taken before shifts start to ensure workers are healthy;
2. practices to ensure social distancing that can be achieved on the job site;
3. materials provided to ensure job site hygiene;
4. protocols for the use of personal protective equipment;
5. communications and training practices to ensure everyone is informed; and
6. procedures in case there is COVID-19 exposure on the job site.

To help with this, the City has provided a Safety Plan Worksheet for guidance.

COVID-19 Safety Affidavit
This Safety Affidavit attests that the contractor has created, provided to the City, and will implement its COVID-19 Safety Plan. It follows the same requirements as the Safety Plan. Failure to adhere to the policy may result in approval to work being revoked. 

MBTA has sent us the attached guidelines to report known or presumptive COVID-19 cases involving Consultant/ Vendor/ Contractor workforces to the MBTA.  Case Incident Reporting

Signed into law April 3, took effect immediately, now Session Law 53 of the Acts of 2020

This law has implications for how certain private sector development might move forward in pre-construction and permitting. 

For Design Professionals, this new law:

• establishes a framework for modifications to local permitting regulations.
• defines applications for permits as duly filed and accepted as of the date of the filing if filed with and certified as received by the municipality;
• allows permit granting authorities to deny an applications completeness if otherwise denied or appealed on other grounds;
• allows submission of permit applications and sending of permit application receipts electronically;
• suspends any hearing deadlines otherwise required within a certain timeframe after receipt of an application as of March 10;
• provides for resumption of the deadlines 45 days after the termination of the COVID-19 state of emergency;
• prohibits expiration of any permits or and tolls deadlines for performance until after the termination of the COVID-19 state of emergency;
• prohibits the constructive granting, denial or expiration of a permit due to a failure to act during the COVID-19 state of emergency;
• requires resumption of activity within 45 days of the termination of the COVID-19 state of emergency;
• extends requirements for recording of permits with the registries of deeds; tolls and continues hearings for opened permits to the first hearing date after expiration of the COVID-19 state of emergency
• authorizes permit granting authorities to revoke or modify permits as otherwise allowed under existing laws or regulations for reasons other than lack of performance during the COVID-19 state of emergency when the work started before March 10, 2020 and stopped due to the state of emergency or other governmental actions;
• extends protection from permit revocation or modification for at least 60 days beyond the termination of the state of emergency;
• entitles a permit holder to further extensions for demonstrated good cause;
• allows the permit granting authority to issue an extension without the presence of a quorum.
• allows permit granting authorities to hold meetings and hearings remotely during the COVID-19 state of emergency; further allows permit granting authorities to issue decisions on permit applications submitted and heard;
• additionally allows building commissioners, inspectors of buildings, or other officials to issue permits;
• applies changes related to local permitting authority to all local boards and commissions’ conduct of public meetings, public hearings, or other actions taken in a quasi-judicial capacity.

Other key parts of the new law:

• grants municipalities greater flexibility to conduct business during the ongoing public health emergency;
• allows for town meetings to be postponed for 30 days, including past a statutory cut-off of June 30, 2020;
• allows the calling of a recess and continuation of a town meeting during any weather-related, public safety or public health emergency, and for up to 5 days after its termination;
• authorizes use of at least half of the monthly appropriation from the most recent budget for each month in which an emergency prevents adoption of a subsequent annual budget;
• authorizes use of a municipality's “free cash” during the COVID-19 state of emergency;
• authorizes and regulates amortization of deficit amounts incurred due to the COVID-19 state of emergency.
• amends various provisions related to the billing and collection of local taxes, including real estate taxes during the COVID-19 state of emergency;
• extends the deadline for filing of income tax returns and submission of payments until July 15, 2020.
• authorizes entities otherwise licensed to sell alcoholic beverages to be drunk on the premises to sell them for off premise consumption, in their original, sealed containers, with existing transactions for the sale of food.

Link to MassDOT-HASP-Certification-Letter-April-2-2020.pdf

This is a memo outlining the letter needed from each contractor certifying compliance with CDC, OSHA and the Commonwealth’s guidelines. The letter must be on company letterhead and signed by a principal of the company. The contractor must submit a separate letter for each contract to the District Highway Director.

Link to 4-1-2020 Document

From MassDOT: Enforcement of the COVID-19 Safety Guidelines and Procedures for Construction Sites
COVID-19 Order No. 13, as revised and extended on March 31, 2020, requires the Massachusetts Department of Transportation and the Division of Capital Asset Management and Maintenance to “issue guidance and enforcement procedures for the safe operation of public works construction sites.” The safety guidance is attached as “COVID-19 Guidelines and Procedures for All Construction Sites and Workers at All Public Works Sites” (hereinafter, the COVID-19 Construction Safety Guidance) and is posted online and may be revised from time to time. This document contains the required enforcement procedures, which shall be followed by all state agencies and authorities who undertake, manage or fund construction projects and may be used by each city or town for ensuring the safety of both publicly- and privately-owned construction projects.

April 3: Some of this is information we posted earlier this week, but note the updated links highlighted, including the final borrower application for the Paycheck Protection Program. 

Assistance for Small Businesses

The Paycheck Protection Program prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses. Small businesses and eligible nonprofit organizations, Veterans organizations, and Tribal businesses described in the Small Business Act, as well as individuals who are self-employed or are independent contractors, are eligible if they also meet program size standards.

• For a top-line overview of the program CLICK HERE
• If you’re a lender, more information can be found HERE
• If you’re a borrower, more information can be found HERE
• Final Borrower Application Form *NEW*
• Lender Electronic Data Form *NEW*
• Paycheck Protection Program – Interim Final Rule *NEW*

Paycheck Protection Program Resources

• SBA Paycheck Protection Program website
• Department of the Treasury CARES Act website

On March 31, 2020, Massachusetts Governor Charlie Baker extended his emergency order to close non-essential businesses and his stay-at-home advisory until May 4. It requires all businesses and organizations that do not provide “COVID-19 Essential Services” to close their physical workplaces and facilities to workers, customers and the public.  In addition, the Administration also updated the “COVID-19 Essential Services” categories.

The list of “essential” construction related activities was modified so that only construction related to housing (including mixed use with housing) and critical infrastructure are now considered “essential.”  

The revised construction-related activities list is:
- Workers performing housing construction related activities, including construction of mixed-use projects that include housing, to ensure additional units can be made available to combat the Commonwealth’s existing housing supply shortage.

– Workers supporting the construction of housing, including those supporting government functions related to the building and development process, such as inspections, permitting and plan review services that can be modified to protect the public health, including allowing qualified private third-party inspections accountable to government agencies.

- Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, inspectors and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, health care facilities, senior living facilities, and any temporary construction required to support COVID-19 response.

- Workers – including contracted vendors – who support the operation, inspection, maintenance and repair of essential public works facilities and operations, including roads and bridges, water and sewer, laboratories, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, and maintenance of digital systems infrastructure supporting public works operations. Critical or strategic infrastructure includes public works construction including construction of public schools, colleges and universities and construction of state facilities, including leased space, managed by the Division of Capital Asset Management; airport operations; water and sewer; gas, electrical, nuclear, oil refining and other critical energy services; roads and highways; public transportation; steam; solid waste and recycling collection and removal; and internet and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services).

- Workers who support infrastructure, such as by road and line clearing and utility relocation, to ensure the availability of and access to needed facilities, transportation, energy and communications.   The previous definition of construction workers was as follows: “
Construction Workers who support the construction, operation, inspection and maintenance of construction sites and construction projects (including housing construction)”.

On March 28, 2020, the Cybersecurity and Infrastructure Security Agency (CISA) issued: Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response

This advisory is being used by states as a guidance document. As of March 30, 2020, Massachusetts and local law enforcement are not stopping engineers, land surveyors and other design professionals from doing their work as long as the work is being done in a way that is consistent with health and safety protocols in the guidance document provided to municipalities and construction sites last week. 

Congress passes CARES Act, Sends to White House

3/27/20 1:30 PM: The US House just passed the CARES Act, sending the package to the White House for the President’s signature.  

CARES Act, section by section summary

Coronavirus Supplemental Appropriations Summary 

Here's some information on the small business provisions. 

Small Business Program Overview

The new law establishes a Paycheck Protection Program to assist qualifying small businesses, nonprofits, and individuals through the Small Business Administration’s 7(a) loan program.  $349B is authorized for 7(a) lending from Feb. 15 through June 30, and SBA would fully guarantee the loans.  Loans would be available during the covered period for:

• Any business, nonprofit, veterans group, or tribal business with 500 or fewer employees, or a number set by the SBA for the relevant industry.  ACEC is seeking clarification on this point – whether SBA will implement the loan program using the traditional size standard for engineering, or something broader.
• Sole proprietors, independent contractors, and eligible self-employed workers would be eligible.

Eligible recipients could receive loans up to $10M or 250% of their average monthly payroll costs, instead of $5M, with interest rates capped during the covered period at 4%.  Loans can be used to cover eligible payroll costs -- salaries, commissions, regular paid leave, and health-care benefits -- as well as mortgage interest and utility payments. Firms would be required to make a “good faith certification” that funds will be used to retain workers, maintain payroll, and pay for rent and similar expenses.  Funds cannot be used to compensate individual employees at an annual rate above $100,000, or to pay for emergency sick or family leave under the second coronavirus response package.

Loan Forgiveness – key elements

• Recipients of SBA-guaranteed loans under the Paycheck Protection Program can apply for loan forgiveness over eight weeks for eligible payroll costs and for mortgage interest, rent, and utility payments -- SBA would pay lenders for any canceled debt plus accrued interest.

• Loan forgiveness would be reduced for businesses that fire employees or cut their pay.

• Canceled debt would be excluded from borrowers’ gross income for tax purposes.

• The measure also would authorize and provide $17 billion for the SBA to pay the principal, interest, and associated fees for loans under the 7(a), 504, and microloan programs for six months.

Disaster Loans 

The package provides $10 billion to expand the SBA’s disaster loan program from Jan. 31 through Dec. 31 to cover businesses, cooperatives, employee stock ownership plans, and tribal businesses with 500 or fewer employees, as well as sole proprietors and independent contractors.  The measure also authorizes SBA to advance up to $10,000 to existing and newly eligible disaster loan recipients within three days of receiving their applications. Recipients could use the advance funds to pay sick leave to employees affected by Covid-19, retain employees, address interrupted supply chains, make rent or mortgage payments, and repay debt. They wouldn’t have to repay the advance funds.

During Governor Baker's 3/27 daily press conference he announced that his office is asking all travelers arriving to Massachusetts to self-quarantine for 14 days. He reported that starting 3/27 info flyers will be available at Logan airport, Worcester airport and South Station. Roadside message boards will also alert drivers.

For the second day in a row, Baker spent time during the press conference to urge the use of telehealth options to more safely facilitate interactions between patients and heath care providers. He reminded the public that his administrator ordered telehealth to be covered by all health insurances and urged everyone to take full advantage of it. The Governor announced a new partnership, with Buoy Health, an online resource for residents to receive medical guidance from the safety of their home. The Governor reminded the public that Bouy Health should not be used in place of emergency medical care and it is free for Massachusetts residents and a tool to get guidance.

3/26/20: The full bill text of the Federal CARES Act, which passed the US Senate on 3/25/20 is available here. To read a section by section analysis of the Act, click here. And click here to view the Senate Appropriations Committee's supplemental summary.

The US House is hoping to act on this bill on March 27.

State Construction Guidelines and Procedures

The state has issued COVID-19 Guidelines and Procedures for All Construction Sites and Workers at All Public Work
These guidelines and procedures were developed in collaboration with the other state awarding entities so that a consistent document is being implemented and followed across the state. They take effect immediately. MassDOT recognizes that many contractors already have them in place. ALL contractors working on state projects will be implementing the same requirements.

Several specific requirements to note:
- At the start of every shift, employees must certify to their supervisor that they are healthy, have had no symptoms in the last 24 hours, has not been in contact with anyone testing positive, and are not under order by a doctor to be isolated.
- Employers are expected to develop their own, workable certification process – which could include verbal check-ins, paper certification, email, or phone call, for example. It is most important that a daily check-in is occurring.

Baker Administration Issues New Construction Guidance to Municipalities Clarifying Construction as an Essential Service 

On March 25, 2020, the Baker Administration issued construction guidance to Massachusetts municipalities overturning all local construction moratoriums. March 25, Governor Baker issued guidance  clarifying that the March 23, 2020 Order “Assuring Continued Operation of Essential Services in the Commonwealth, Closing Certain Workplaces, and Prohibiting Gatherings of More than 10 People” supersedes and makes inoperative any order or rule issued by a municipality that will or might in any way impede or interfere with the achievement of the objectives of this order. “Construction Workers who support the construction, operation, inspection and maintenance of construction sites and construction projects” are deemed essential.

This guidance advises all municipalities that had issued their own directives, policies and regulations in place regarding construction to withdraw their orders.

Link to letter sent to all municipalities.

Note: This letter includes important construction safety guidance related to COVID-19.

On March 25, 2020, Boston Mayor Marty Walsh extended the City of Boston's construction moratorium until further notice, citing safety and health concerns for workers and Boston residents. 

Link to Press Release

Note: This policy only applies to projects permitted by the City of Boston.

New Legislation Proposes Extension of Permits During Current State of Emergency

On March 24, Governor Baker filed H. 4586, An Act to Further Address Challenges Faced by Municipalities, School Districts, and State Authorities Resulting from COVID-19. While the bill addresses several topics, Section 9 of the bill addresses the tolling of permits.  Specifically, the language provides the following:

• No permit is automatically granted, approved, or denied because a local permitting authority does not act within a time period required by law.
• Any permit that is currently valid will not lapse or expire during the state of emergency, and suspends any time limitation on such permits during the emergency.
• Allows applications for permits to be filed electronically, so as to eliminate the need for in-person filing.
• Suspends any requirement that a hearing on a permit application be held within a certain period of time until 45 days after the end of the state of emergency.  

These changes will provide necessary relief to cities and towns that, due to disruptions caused by the state of emergency, are unable to timely process and hear permitting applications. At the same time, these changes balance the needs of residents and developers by ensuring that their current permits are not impaired by the emergency.