DPU Update: DPU 21-04, NEW Regulation 220 CMR 105: Use of Professional Engineers for Gas Utility Work

DPU 21-04, NEW Regulation 220 CMR 105: Use of Professional Engineers for Gas Utility Work

The MA Department of Public Utilities (DPU) issued a Final Order on 9/21/21 on this issue, completing the rulemaking on the use of professional engineers for gas utility work. Attached to the Order are the final Regulations and final Guidelines in both redlined and clean copies.

DPU Order

Older Background Information on this topic:

On December 31, 2018, Governor Baker signed as an emergency law Chapter 339 of the Acts of 2018, An Act Further Providing for the Safety of the Commonwealth’s Natural Gas Infrastructure (“Act”). Section 2 of the Act amended G.L. c. 164 by adding Section 148, which requires the stamp of a professional engineer on “any engineering plans or specifications for engineering work or services that could pose a material risk to public safety,” as determined by the Department of Public Utilities (“Department”). Section 2 of the Act further states that the Department “may promulgate regulations as necessary to implement this section.”

ACEC/MA Responds to DPU Inquiry on Natural Gas Regulations

DPU Regulation Process in response to Massachusetts Law Requiring Professional Engineers on Natural Gas Projects

On Monday, December 31, 2018, the Senate passed An Act ensuring the safety and soundness of the commonwealth’s natural gas infrastructure, previously passed by the House, and Governor Baker signed it into law as Chapter 339 of the Acts of 2018.

This law included an emergency preamble and took effect immediately. Chapter 339 of the Acts of 2018, An Act Further Providing for the Safety of the Commonwealth’s Natural Gas Infrastructure (“Act”). Section 2 of the Act amends G.L. c. 164 by adding Section 148, which provides:

"Any engineering plans or specifications for engineering work or services that could pose a material risk to public safety, as determined by the [Department of Public Utilities (“Department”)] pursuant to clause (l) of section 81R of chapter 112, developed by or on behalf of a gas company shall bear the stamp of a professional engineer certified under section 81E of said chapter 112; provided, however, that any such plan or specification shall be housed within the applicable gas company, subject to review and audit by the department, and shall be deemed to be filed with a public authority within the meaning of section 81M of said chapter 112. Section 2 of the Act further states that the Department may promulgate regulations as necessary to implement G.L. c. 164, § 148 (“Section 148”) and applicable provisions of subsection (l) of section 81R of said chapter 112.1"

Gas companies are required to have PEs in responsible charge of certain gas projects.  Some routine work has been going on in consultation with PEs, but now the regulatory process is ramping up.

• This is the interim guidance document  that DPU issued to gas companies in January 2019
• The Mass DPU is now doing a process to develop regulations in response to the law .
  • The first step in the process was the DPU Inquiry 19-34. 
• Link to ACEC/MA comments filed in response to 19-34.  ACEC/MA filed its comments on Thursday, April 18, 2019. We are grateful to a quickly convened ACEC/MA Task Force that assisted with the development of our comments, including ACEC/MA leaders from CDM Smith, Weston & Sampson, Burns & McDonnell, HDR, CHA, Architectural Engineers. Inc. and Donovan Hatem.
• ACEC/MA reviewed comments filed by other groups and companies. To see these, go to: https://eeaonline.eea.state.ma.us/DPU/Fileroom/dockets/bynumber  then enter 19-34 for the Docket.  

• Additional comments in response to the filings were due May 2.  One of the major issues expressed by the gas companies is whether the engineering community has enough professional engineers to meet the needs, especially because our state Attorney General is urging use of PEs on all gas work.
• On October 11, 2019, the DPU issued a ‘Straw Proposal,’ which “represents the Department’s analysis of the comments received and establishes specific criteria for the use of professional engineers in relation to natural gas engineering plans, work, or services that could pose a material risk to public safety.  In particular, the Straw Proposal delineates how natural gas companies are to use professional engineers on complex projects and defines the types of complex projects that warrant the use of professional engineers.  The Department may initiate a formal rulemaking proceeding after we review the comments submitted pursuant to this Order.“

• The Straw Proposal is attached along with their order on this matter.  DPU seeks initial written comments on the Straw Proposal by 5:00 p.m. on Monday, November 4, 2019, Reply written comments are due no later than 5:00 p.m. on Monday, November 11, 2019. Written comments are limited in length to a maximum of ten one-sided, double-spaced typewritten pages. Based on the comments received, the Department will establish a further procedural schedule that may provide for technical sessions. 

                DPU anticipates that this proceeding will result in a rulemaking conducted pursuant to G.L. c. 30A, § 2, and 220 CMR 2.00, to establish regulations for the use of professional engineers by natural gas companies. 

• Many PEs are qualified to be the engineer of record for gas distribution design projects and other gas-related work.  The field of gas engineering does require specific training and experience, like any engineering specialty, but the discipline of your degree is not as important as being able to demonstrate professional competency.  If your firm has this expertise in New England or elsewhere, please contact Abbie Goodman with this information.