The Beacon Hill Report by Stephen A . Boksanski GIA Legislative Agent
The term “ unprecedented times ” may be the most frequently used phrase for the year and can be applied to virtually every aspect of life , including the operation of state government . Back in early March when Governor Baker shut down the public schools it was going to be for “ two weeks to bend the curve .” None of us could imagine we would still be under a state of emergency and our lives so disrupted .
When Governor Baker declared a state of emergency on March 10 the key aspects were travel restrictions , limits on gatherings and adhering to social distancing and hygiene protocols . Soon thereafter came the first big problem for businesses — whether or not your industry was deemed essential . Being on this list meant everything to employers and employees alike , but who was making these decisions and how were they made ? These early actions set off a frantic pursuit of lobbying and , subsequently , additional guidance from the Administration .
Baker , like almost every other Governor in the nation , sought guidance from the federal government ’ s Cybersecurity and Infrastructure Security Agency ( CISA ), which had an established list of industries deemed essential . Upon review of this detailed list , we found that while there were many other phrases allowing similar services in other areas like Public Works , Construction and Energy there was nothing specific to the green industry .
Our inquiry with the Administration began with Secretary of Housing and Economic Development , Michael Keneally as well as correspondence directly to Governor Baker and John LeBeaux , Commissioner of the Department of Agricultural Resources . On March 25 we received confirmation from the Administration that tree care companies could continue operating as essential services while adhering to social distancing protocols . This came as a relief , especially when we saw other related industries , like nurseries and garden centers , not allowed to operate .
Since March , dozens of Executive Orders have been issued to provide further , detailed guidance for a multitude of operations and circumstances covering virtually every aspect of our lives . A reopening plan was developed and unveiled which set forth a schedule for what types of operations could open and when . These decisions were made , for better or worse , with the idea of protecting the public ’ s health but came with steep consequences for many businesses and employees . The plan calls for incremental steps to be taken according to transmission and positivity metrics but if you happen to find yourself in Phase IV , good luck . This final phase won ’ t even be really considered until a vaccine is readily available .
The shut-down also affected the state house and forced legislators to modify their rules to allow remote debate and voting . While there were some inevitable problems using technology , both branches have held formal sessions to conduct extensive debate on COVID-19 related proposals and budgets .
In fact , the Legislature was able to get five large policy packages into conference committee by the end of July and then suspended the one rule I have never seen suspended in the last 25 years and since the rule change was first implemented . Joint Rule 12a states that “ all formal business of the second annual sessions shall be concluded not later than the last day of July of that calendar year .” Since 1995 that was never even a consideration .
While the session remained open , very little progress appears to have been made in resolving the differences between the House and Senate versions of health care reform , economic development , police reform , climate change and transportation bonding . We expect some of these to get across the goal line in the closing days of the session and we remain hopeful that other issues may gain some traction once the budget and these items are sent to the Governor .
Despite the gridlock that has kept legislative activity to a minimum we continue to advocate for the issues of concern to the green industry . The next legislative sessions officially begins on the first Wednesday of January 2021 and new legislation must be filed by the third Friday .
Thank you for the opportunity to represent your interests in Massachusetts state government and please do not hesitate to reach out with any questions or comments .
The MAA is a proud member of the Green Industry Alliance along with the Massachusetts Association of Landscape Professionals , Massachusetts Association of Lawn Care Professionals , Irrigation Association of New England , and the Golf Course Superintendents Association of New England . Russell Holman , MCA serves as the MAA ’ s representative . If you are interested in becoming involved with the GIA ’ s legislative and advocacy activities , please contact the MAA Office .
Editor ’ s Note : We are grateful to Steve Boksanski and his team at BCB Government Relations for representing our industry so well , especially during these challenging times . They , along with MAA ’ s Green Industry Alliance ( GIA ) volunteers and man - agement team , were an integral part of the decision-making process concerning what services were deemed essential by Governor Baker .
DecemBer 2020 MAA NEWS 15