Massport is investing more than $850 million in the Conley Container Terminal during the next 18 months. As they expand to handle additional volume and larger container ships, they want to ensure they promote and preserve the dedicated truck routes throughout the Seaport District. Protecting these routes will keep trucks off local neighborhood streets while continuing to serve commerce and global trade throughout New England.

The Truck Access Group Steering Committee will help Massport’s efforts in further advocacy and ensure that the industry’s voices are heard as the South Boston Waterfront continues to develop. TAM will be one of the members of this committee.

We will keep you informed about committee activity and report back accordingly after each meeting. Meetings are anticipated to begin in early Fall 2019.

The Massachusetts Department of Family Leave recently implemented legislation – passed by the legislature and signed by the governor – to delay the start of employer and employee contributions to the Paid Family and Medical Leave program (PFML) until Oct. 1, 2019.

Current Status

• The start date for PFML has been pushed back to Oct. 1
• To address this shortened period for the state to collect funds for the start of the program in 2021; the collection amount is now 0.75% of qualified employee earnings
• The notice period – for informing employees about their rights under the PFML – has been extended to Sept. 30
• Employers that have, a more or as generous, a program of paid family and medical leave have until Dec. 20, 2019 to apply for an exemption from the payroll collection
• The final PFML regulations was posted June 17 on the Department of Family and Medical Leave’s website

The department sent out the following notification on June 14.

The Massachusetts Legislature and the Baker-Polito Administration have enacted legislation to delay the start of employer and employee contributions to the Paid Family and Medical Leave program (PFML) by three months to October 1, 2019.

This delay will allow employers across the Commonwealth more time to prepare their organizations and workforces for PFML. Please read below to see how this delay will affect you and your responsibilities under the law.

Required Withholding Now Starts October 1
The start date for required PFML contributions is now October 1, 2019. On that date, employers must begin withholding PFML contributions from employee qualifying earnings.  Employers will be responsible for remitting employee and (if applicable) employer contributions for the October 1 to December 31 quarter through MassTaxConnect by January 31, 2020.

Contribution Rate Change
The PFML law requires that the Department adjust the contribution rate to offset the shorter period for collections that will result from the three month delay. As a result, the total contribution rate has been adjusted from 0.63% to 0.75% of employee qualifying earnings. This adjustment will ensure that full funding will be in place for the commencement of benefit payments in January 2021.

Timeline Extended for Required Employee Notices 
Employers now have until September 30, 2019, to notify all covered individuals of their rights and obligations under PFML. Check the Department website at mass.gov/pfml in the coming days for updated notices to provide to your workforce.

Timeline Extended for Exemption Applications
Employers that offer paid leave benefits that are at least as generous as those required under the PFML law may apply to the Department for an exemption from making contributions. Employers will now have until December 20, 2019, to apply for an exemption that will excuse them from the obligation to remit contributions for the full period commencing with the October 1 start date.

PFML Regulations Will Be Final and Effective on July 1, 2019
The final regulations will be posted on the Department website at mass.gov/pfml on Monday, June 17, 2019. The regulations will be formally published under the title 458 CMR 2.00 DEPARTMENT OF FAMILY AND MEDICAL LEAVE.

More about PFML
Beginning in 2021, PFML will provide temporary income replacement to eligible workers who are welcoming a new child into their family, dealing with a serious illness or injury, caring for an ailing relative, or dealing with complications resulting from the military deployment of a family member. The program is funded by payroll-based contributions from employers, employees, and certain contract workers.

To learn more about PFML, including information about how this new program impacts your organization, more background on exemptions, and details on contribution levels, please visit mass.gov/pfml.

The Thomas Industry Update website, covering the Supply Chain, provides an overview of the trucking industry including data from the American Trucking Association.

From coast to coast, across mountain ranges, and through the extensive North American highway system, the trucking industry keeps our modern society well-stocked with a dynamic inventory of products and goods. Dubbed the “lifeblood of our economy” by President Donald Trump, not only does this industry facilitate the nationwide distribution of food, clothes, medicine, and other consumer products, it also supports a substantial portion of America’s revenue and workforce.

Read the full article on the Thomas website.

The Trucking Association of Massachusetts (TAM) remains at work attempting to advance the association’s rolling stock initiative.  Last week, TAM President Steve Normandin, Legislative Chairman Ed Rodricks, Board Member Andrew Boyle, Executive Director Kevin Weeks as well as Chris Spear, President & CEO of the American Trucking Associations (ATA) met with Governor Charlie Baker, House Minority Leader Brad Jones and the Governor’s Legislative Director Kaitlyn Sprague to discuss both the rolling stock issue and the future of financing the Commonwealth’s transportation infrastructure.

On rolling stock, the governor remains committed to making the Commonwealth friendly to the growth of industries like trucking that provide good jobs and support the growth of other industries.  In particular, the Governor appreciated the fact that the removal of the rolling stock tax will lead to an increase in cleaner and safer trucks being used within the Commonwealth.

On transportation infrastructure, TAM representatives reiterated the importance of including the trucking industry as part of any and all conversations around the issue of funding the Commonwealth’s transportation infrastructure. Already, TAM is proud to have been named part of the Massachusetts Business Coalition on Transportation, which was started by the Greater Boston Chamber of Commerce as a means of coalescing key sectors behind a transportation initiative.

TAM will continue to carry its message about its role as the backbone of the Massachusetts economy throughout the legislative session. 

Learn more about the Massachusetts Business Coalition on Transportation at the Greater Boston Chamber of Commerce website.

As previously noted, the Massachusetts Senate is advancing legislation that it passed last session early in this session to put pressure on the House to act this session. One of those items that passed last session was the traffic and bike safety including the requirement for those companies with state contracts to have convex/concave mirrors and lateral sideguards.

Accordingly, the Senate will be taking up this legislation on April 25. You will remember TAM has continued to work with the Senate sponsor and other officials to minimize the impact of this legislation.

Of note…

1. The legislation contains an exemption we had fought for last session in that the RMV will have the authority to decide whether certain vehicles will be exempt from the lateral sideguard requirement (See lines 49-51) (Note: the Senate resisted naming vehicle types specifically, but recognized certain vehicles cannot be fit with sideguards … therefore the RMV may exempt it);
2. the legislation also contains an exemption for the RMV to decide what constitutes meeting the convex/concave/lateral sideguard requirement (See lines 54-55: “The registrar may provide alternative means of compliance with the convex mirror, crossover mirror and lateral protective device requirements.”);
3. the requirements of this legislation only applies to contracts entered into with the Commonwealth after January 1, 2024 (line 99) and,
4. finally, according to the way it is written “shall not apply to a motor vehicle, trailer, semi-trailer or semi-trailer unit that is operated under a contract with the commonwealth that was entered into before January 1, 2024” (See lines 82-84).

While it remains to be seen what the House will do with this legislation, the Senate is pushing to get this legislation done; hence, the early session to pass it. To their credit, Senator Brownsberger and his staff have actually been very thoughtful in hearing our concerns and incorporating the aforementioned items. Also, Senator Tarr, the Senate Minority Leader deserves recognition because his office has worked with us regularly to make sure the impact is minimized.