States, Cities and Counties
News releases, reports, statements and associated documents covering state government, cities and counties.
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Pennsylvania A.G. Shapiro Leads Opposition to Trump Administration Attempt to Weaken Workers' Rights
HARRISBURG, Pennsylvania, June 25 -- Pennsylvania Attorney General Josh Shapiro issued the following news release:
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- 19-state coalition submits comment letter to Department of Labor challenging change to joint employer status
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Attorney General Josh Shapiro today announced that Pennsylvania led a 19-state coalition to oppose a U.S. Department of Labor's proposal that could expose millions of American workers to labor law violations and leave them without the ability to sue employers who commit those violations. The comment letter challenges the new rule that would complicate how states
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HARRISBURG, Pennsylvania, June 25 -- Pennsylvania Attorney General Josh Shapiro issued the following news release:
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- 19-state coalition submits comment letter to Department of Labor challenging change to joint employer status
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Attorney General Josh Shapiro today announced that Pennsylvania led a 19-state coalition to oppose a U.S. Department of Labor's proposal that could expose millions of American workers to labor law violations and leave them without the ability to sue employers who commit those violations. The comment letter challenges the new rule that would complicate how statesenforce labor laws and leave millions of workers vulnerable to labor violations.
In the letter, sent today to U.S. Department of Labor (USDOL) Secretary Alexander Acosta, the attorneys general challenge USDOL's proposed change to joint employer status under the Fair Labor Standards Act (FLSA), an interpretation that governs the liability of an employer who shares with another employer control over the terms and conditions of workers' employment.
The joint employer rule protects workers whose employment and working conditions are controlled by more than one company. For example, a worker at a fast food chain can currently be considered an employee of both the locally-owned franchise and the national corporation. Or, a person who works at a warehouse through a temp agency can be considered an employee of both the warehouse and the temp agency. USDOL's new interpretation would make it easier for employers to pass the buck and harder for workers to hold bad actors accountable.
"With this proposed change to Joint Employer Status, the U.S. Department of Labor risks undermining the very purpose of the Fair Labor Standards Act--to protect our workers," said Attorney General Josh Shapiro. "Our labor laws must be consistent with the changing nature of our economy in order to adequately protect workers, and we must be able to hold employers accountable when they are not treating their workers fairly. I'm proud to stand with my colleague attorneys general on the side of millions of hardworking Americans who could be negatively affected if this rule goes into effect."
Under USDOL's proposed rule, joint employment would be determined by whether an employer hires or fires the employee, supervises and controls the employee's schedule and working conditions, determines the employee's rate and method of payment, and maintains the employee's records. This means that an employer could avoid liability because they outsource these decisions, even though they have the final say.
According to the attorneys general, this proposal is inconsistent with the purpose of the FLSA - to protect workers - and ignores more than 30 years of private sector development during which the economy and the workplace have changed.
Further, the attorneys general write that DOL's proposed rule does not reflect today's workplace relationships, where businesses increasingly share employees using third-party management companies, independent contractors, staffing agencies, or other labor providers. By narrowing the scope of the joint employment, the DOL's change will leave millions of workers vulnerable to unchecked violations of federal and state labor laws.
If the federal standard fails to encompass companies that pay for subcontracted employees while also controlling the terms of employment, the attorneys general contend that gaps in legal compliance will inevitably increase, leaving workers at greater risk of exploitation.
Today's comment letter was co-led by the attorneys general from Pennsylvania, Massachusetts, and New York, and joined by California, Connecticut, Delaware, Washington D.C., Illinois, Maryland, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.
North Carolina Utilities Commission Issues Order Involving Duke Energy Carolinas
RALEIGH, North Carolina, June 25 -- The North Carolina Utilities Commission issued the following order (Docket No. E-7):
In the Matter of Duke Energy Carolinas, LLC, Existing DSM Program Rider Docket No. E-7, Subs 487, 828, 1026, and 1146
BY THE COMMISSION: On March 29, 2019, Duke Energy Carolinas, LLC (DEC or the Company), made an initial filing proposing its annual change to the Existing DSM Program Rider (EDPR), based on the December 31, 2018, legacy demand-side management (DSM) deferral account balance. The Company requested that the EDPR be effective for the period July 1, 2019, through
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RALEIGH, North Carolina, June 25 -- The North Carolina Utilities Commission issued the following order (Docket No. E-7):
In the Matter of Duke Energy Carolinas, LLC, Existing DSM Program Rider Docket No. E-7, Subs 487, 828, 1026, and 1146
BY THE COMMISSION: On March 29, 2019, Duke Energy Carolinas, LLC (DEC or the Company), made an initial filing proposing its annual change to the Existing DSM Program Rider (EDPR), based on the December 31, 2018, legacy demand-side management (DSM) deferral account balance. The Company requested that the EDPR be effective for the period July 1, 2019, throughJune 30, 2020.
An EDPR was first approved in DEC's general rate case in Docket No. E-7, Sub 828 (Sub 828 Order), and the Commission has continued to approve the EDPR mechanism in DEC's subsequent general rate cases. The EDPR reflects the inclusion in DEC's approved base rates of a per kilowatt-hour (kWh) amount specifically intended to recover the costs of certain legacy DSM and energy efficiency (EE) programs existing as of the date of the Sub 828 Order. The EDPR is adjusted annually to true up the difference between the applicable base rate amount in effect and the actual cost of the legacy DSM and EE programs incurred during the then most recent calendar year. In its March 29, 2019 filing, DEC indicated that during calendar year 2018, the applicable base rate amount was 0.0125 cents per kWh,/1 as reaffirmed pursuant to the Commission's September 24, 2013 Order in general rate case Docket No. E-7, Sub 1026.
In its March 29, 2019 filing, DEC proposed to replace the existing EDPR decrement rider amount of (0.0055) cents per kWh, which was approved effective July 1, 2018, with a new decrement rider amount of (0.0068) cents per kWh, to be effective on and after July 1, 2019.
On June 17, 2019, DEC filed a revised proposed EDPR, because DEC determined after the initial filing that the existing DSM program costs collected in base energy rates pursuant to Docket No. E-7, Sub 1146 (General Rate Case) had been reduced to 0.0067 cents per kWh. Due to a Company oversight, however, the Existing DSM Program Costs Adjustment Rider Tariff Schedule was not updated as of the date the new rates went into effect in the General Rate Case. Therefore, in this revised filing, the Company has made an adjustment to reflect the reduction in the existing DSM program costs collected in base energy rates from 0.0125 cents per kWh to 0.0067 cents per kWh, from August 1, 2018 forward. This adjustment will also reduce the calculated EDPR decrement from (0.0068) cents per kWh, as set forth above, to (0.0043) cents per kWh. The Company has filed a corrected Tariff and amended exhibits supporting the EDPR.
The proposed net change to the EDPR, relative to the currently approved amount, including all rate adders, is the difference between the proposed decrement rider, including the regulatory fee, of (0.0043) cents per kWh, and the current decrement rider, including the regulatory fee, of (0.0055) cents per kWh, or a net rate increase of 0.0012 cents per kWh. The base existing DSM program cost amount of 0.0067 cents per kWh will remain in place following Commission approval of the new EDPR pursuant to the current filings. Including the North Carolina regulatory fee does not cause a change in either the base rate or EDPR amounts in this case.
This matter was presented to the Commission at its Regular Staff Conference on June 24, 2019. The Public Staff stated that it had reviewed DEC's calculation of the proposed EDPR, including the supporting work papers submitted with the filing and information provided by DEC in response to Public Staff data requests. Based on its review, the Public Staff concluded that the proposed rate decrement is reasonable. Therefore, the Public Staff recommended that DEC's proposed EDPR be approved, effective beginning July 1, 2019.
Based on its review of DEC's filing and the recommendation of the Public Staff, the Commission concludes that the proposed EDPR is reasonable and should be approved, effective July 1, 2019.
IT IS, THEREFORE, ORDERED that the EDPR proposed by DEC in its revised filing of June 14, 2019, consisting of a rate decrement of (0.0043) cents per kWh, including the regulatory fee, is approved effective July 1, 2019, through June 30, 2020. DEC shall file with the Commission, within 10 days following the date of this order, revised tariffs showing the effective date of the tariffs.
ISSUED BY ORDER OF THE COMMISSION.
This the 25th day of June, 2019.
NORTH CAROLINA UTILITIES COMMISSION
A. Shonta Dunston, Deputy Clerk
Commissioners James G. Patterson and Daniel G. Clodfelter did not participate in this decision.
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1/ Except as otherwise indicated, all rates are excluding the North Carolina regulatory fee.
Kansas Corporation Commission Issues Order Involving Cox Communications Kansas
TOPEKA, Kansas, June 25 -- The Kansas Corporation Commission issued the following Order (No. 07-CXKC-621-VSA) involving Cox Communications Kansas:
In the Matter of the Application of Cox Communications Kansas, LLC Filing for Kansas Video Service Authorization.
ORDER GRANTING AMENDED VIDEO SERVICE AUTHORIZATION
The above-captioned matter comes before the State Corporation Commission of the State of Kansas ("Commission") for consideration and decision. Having reviewed its files and records and being duly advised in the premises, the Commission makes the following findings:
1. On May 28, 2019,
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TOPEKA, Kansas, June 25 -- The Kansas Corporation Commission issued the following Order (No. 07-CXKC-621-VSA) involving Cox Communications Kansas:
In the Matter of the Application of Cox Communications Kansas, LLC Filing for Kansas Video Service Authorization.
ORDER GRANTING AMENDED VIDEO SERVICE AUTHORIZATION
The above-captioned matter comes before the State Corporation Commission of the State of Kansas ("Commission") for consideration and decision. Having reviewed its files and records and being duly advised in the premises, the Commission makes the following findings:
1. On May 28, 2019,Cox Communications Kansas, LLC ("Cox") filed an Amended Application for a state-issued Video Service Authorization, as authorized by K.S.A. 12-2023 and K.A.R. 82-15-1. Cox currently holds a Video Service Authorization that includes eighty-one service areas.
2. Cox's amended filing seeks additional authority to include the counties of Pottawatomie and Finney and the city of Pittsburg, Kansas.
3. K.S.A. 12-2023 states that the Commission shall issue a video service authorization permitting a video service provider to provide video service in the state, or amend a video service authorization previously issued, within 30 days after receipt of a completed affidavit submitted by the video service applicant and signed by an officer or general partner of the applicant affirming:
(1) The location of the applicant's principal place of business and the names of the applicant's principal executive officers;
(2) that the applicant has filed or will timely file with the federal communications commission all forms required by that agency in advance of offering video service in this state;
(3) that the applicant agrees to comply with all applicable federal and state statutes and regulations;
(4) that the applicant agrees to comply with all lawful and applicable municipal regulations regarding the use and occupation of public rights-of-way in the delivery of the video service, including the police powers of the municipalities in which the service is delivered;
(5) the description of the service area footprint to be served within the state of Kansas, including any municipalities or parts thereof, and which may include certain designations of unincorporated areas, which description shall be updated by the applicant prior to the expansion of video service to a previously undesignated service area and, upon such expansion, notice to the state corporation commission of the service area to be served by the applicant; including:
(A) The period of time it shall take applicant to become capable of providing video programming to all households in the applicant's service area footprint, which may not exceed five years from the date the authorization, or amended authorization, is issued; and
(B) a general description of the type or types of technologies the applicant will use to provide video programming to all households in its service area footprint, which may include wireline, wireless, satellite or any other alternative technology.
4. Commission Staff ("Staff') submitted a Report and Recommendation regarding the application for an amended authorization dated June 18, 2019, attached hereto and made a part hereof by reference. Staff found that Cox is properly registered with the Kansas Secretary of State's Office. Staff found that the Amended Application affirmed that Cox's principal place of business is located at 901 S. George Washington Blvd., Wichita, Kansas. (See K.S.A. 12-2023(a)(l)). Staff verified that Cox is properly registered with the Federal Communications Commission regarding the Community Unit Identification Number ("CUID") for counties of Pottawatomie and Finney and the city of Pittsburg, Kansas. (See K.S.A. 12-2023(a)(2)). Staff found that Cox agreed to follow all applicable federal, state, and municipal rules and regulations. (See K.S.A. 12-2023(a)(3)-(4)). For ease of future reference, Staff is identifying the proposed service areas as follows: Pottawatomie County, PTCT-82-CXKC-0l, Finney County, FNCT-83-CXKC-0 1, and Pittsburg, PTSB-84-CXKC-01.
5. Staff recommended approval of the amended Video Service Authorization.
6. The Commission finds Staffs findings to be reasonable and hereby adopts Staffs recommendation of approving the amended Video Service Authorization.
IT IS, THEREFORE, BY THE COMMISSION ORDERED THAT:
A. The Amended Application filed by Cox on June 18, 2019, for a Video Service Authorization is approved.
B. Cox is granted authority to provide video service as requested in the application. The grant of authority is subject to lawful operation of the video service by the applicant or its successor in interest.
C. Any party may file and serve a petition for reconsideration pursuant to the requirements and time limits established by K.S.A. 77-529(a)(l). /1
D. The Commission retains jurisdiction over the subject matter and parties for the purpose of issuing such further order, or orders, as it may deem necessary.
BY THE COMMISSION IT IS SO ORDERED.
Keen, Chair; Albrecht, Commissioner; Duffy, Commissioner
Dated:
Lynn M. Retz
Secretary to the Commission
AAL
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1/ K.S.A. 66-l 18b; K.S.A. 77-503(c); K.S.A. 77-531(b).
Governor Mills Signs Law to Support Net Neutrality and Protect Internet Users
AUGUSTA, Maine, June 25 -- Gov. Janet Mills, D-Maine, issued the following news release:
Governor Janet Mills announced today that she has signed into law LD 1364, An Act Regarding Net Neutrality and Internet Policy, introduced by Rep. Nicole Grohoski, D-Ellsworth. The legislation restricts internet service providers from blocking, slowing down, or speeding up the delivery of online content at their discretion and follows the Federal Communication Commission's repeal of net neutrality rules put in place by the Obama Administration.
"The internet is a powerful economic and educational tool that
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AUGUSTA, Maine, June 25 -- Gov. Janet Mills, D-Maine, issued the following news release:
Governor Janet Mills announced today that she has signed into law LD 1364, An Act Regarding Net Neutrality and Internet Policy, introduced by Rep. Nicole Grohoski, D-Ellsworth. The legislation restricts internet service providers from blocking, slowing down, or speeding up the delivery of online content at their discretion and follows the Federal Communication Commission's repeal of net neutrality rules put in place by the Obama Administration.
"The internet is a powerful economic and educational tool thatcan open doors of opportunity for Maine people and small businesses," said Governor Mills. "That potential should not be limited by internet service providers interested in increasing their profits. I hope net neutrality will be fully restored in federal law, but in the meantime I welcome this new law as a positive step forward for Maine and as a sign that we will protect a free and open internet for Maine people. I thank Representative Grohoski and Senator Bellows for bringing this legislation forward and for securing unanimous support for it in the Legislature."
"Internet service providers should not be the gatekeepers of the internet and its potential to connect people and provide critical information," said Rep. Grohoski. "While this legislation will not protect consumers in the comprehensive way that the FCC is able to, it is one step that Maine can take to maintain net neutrality. Maine is leading the way and showing internet consumers that we care about their right to access this critical utility."
Under the new law, internet service providers that are contracted by the State of Maine must abide by the Federal Communications Commission's Open Internet Order, which was enacted in 2015 and later repealed in 2017. The law will take effect 90 days after the adjournment of the Legislature.
California State Board of Food and Agriculture to Meet in San Luis Obispo and Seek Public Input on Creating Climate-Resilient Water System
SACRAMENTO, California, June 25 -- The California Department of Food and Agriculture issued the following news release:
The California State Board of Food and Agriculture will host a public listening session on California's Water Future on July 2, 2019 in San Luis Obispo. The meeting will be held from 1:00 p.m. to 3:00 p.m. at the San Luis Obispo County Farm Bureau, 4875 Morabito Place, San Luis Obispo, CA 93401.
State agencies are asking Californians to help shape a roadmap for meeting future water needs and ensuring environmental and economic resilience through the 21st century.
This effort
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SACRAMENTO, California, June 25 -- The California Department of Food and Agriculture issued the following news release:
The California State Board of Food and Agriculture will host a public listening session on California's Water Future on July 2, 2019 in San Luis Obispo. The meeting will be held from 1:00 p.m. to 3:00 p.m. at the San Luis Obispo County Farm Bureau, 4875 Morabito Place, San Luis Obispo, CA 93401.
State agencies are asking Californians to help shape a roadmap for meeting future water needs and ensuring environmental and economic resilience through the 21st century.
This effortseeks to broaden California's approach on water in the face of a range of existing challenges, including unsafe drinking water, major flood risks that threaten public safety, severely depleted groundwater aquifers, agricultural communities coping with uncertain water supplies and native fish populations threatened with extinction.
Input from the public will help the Natural Resources Agency, California Environmental Protection Agency, and Department of Food and Agriculture craft recommendations to Governor Gavin Newsom to fulfill his April 29 executive order calling for a suite of actions to build a climate-resilient water system and ensure healthy waterways.
"California's water history shows that the most durable solutions involve collaboration," said CDFA Secretary Karen Ross. "We're one state with tremendous regional variety. We urge those of you who know your regions best to look ahead, think broadly, and consider what it will take to achieve regional resilience by 2050."
The agencies want ideas for actions needed now to help California cope with more extreme droughts and floods, rising temperatures, year-round wildfires, species declines, aging infrastructure, contaminated water supplies and changing demands for water. The input will help determine priorities and identify complementary actions to ensure safe and dependable water supplies, flood protection and healthy waterways for the state's communities, economy and environment.
"We look forward to hearing from California's farmers and ranchers on their thoughts concerning the State's water future and the needed actions to maintain the livelihood and sustainability of this great industry," said President Don Cameron, California State Board of Food and Agriculture.
Among the questions agency officials are considering:
* How can the state help communities ensure safe, affordable drinking water?
* What can the state do to better enable local and regional water districts to capture, store and move water?
* What state actions can support ongoing water conservation?
* How can the state better protect fish and wildlife and manage urban and agricultural water through the next drought?
* What can the state do now to prepare for economic adjustments as communities fully implement the Sustainable Groundwater Management Act in coming years?
* Which state policies or laws no longer fit California's water reality or public values?
* What are the most troublesome gaps in state data that, if filled, would ease regional water management?
* Are there proven technologies and forecasting tools that should be adopted across California to bolster the sustainability of water systems?
* What models from other states and nations should California consider?
To see a calendar of additional events and learn how to provide input directly to the state agency team, please visit WaterResilience.ca.gov.
The California State Board of Food and Agriculture advises the governor and CDFA secretary on agricultural issues and consumer needs. The Board conducts forums that bring together local, state and federal government officials; agricultural representatives; and citizens to discuss current issues and concerns to California agriculture.
All meetings are open to the public and attendance is welcome.
Follow the board on twitter at: http://www.twitter.com/Cafood_agboard
Baker-Polito Administration Announces Acceleration Plan for Massachusetts Bay Transportation Authority Infrastructure Improvements
BOSTON, Massachusetts, June 25 -- Gov. Charlie Baker, R-Massachusetts, issued the following news release:
Today, Governor Charlie Baker announced a plan to accelerate the pace of MBTA capital construction projects with the goal of expediting the transformation of the MBTA into a modern, safe, reliable transit system. Through a five-part strategy, the acceleration plan builds on the T's existing robust safety program and aggressive Capital Investment Program and is designed to facilitate an increase in construction and maintenance projects within shorter timeframes.
The MBTA is in the midst of
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BOSTON, Massachusetts, June 25 -- Gov. Charlie Baker, R-Massachusetts, issued the following news release:
Today, Governor Charlie Baker announced a plan to accelerate the pace of MBTA capital construction projects with the goal of expediting the transformation of the MBTA into a modern, safe, reliable transit system. Through a five-part strategy, the acceleration plan builds on the T's existing robust safety program and aggressive Capital Investment Program and is designed to facilitate an increase in construction and maintenance projects within shorter timeframes.
The MBTA is in the midst ofexecuting a five-year, $8 billion Capital Investment Program that prioritizes core system investments into areas including new vehicles, track, signals, power systems, and maintenance facilities.
The MBTA is expanding its focus to include ways to increase the pace of all investments, and ensure system reliability by increasing maintenance and inspection intervals that properly reflect the age and condition of many MBTA assets. Additionally, the MBTA has worked to identify and resolve barriers that prevent increasing investment efforts.
This proposal includes five key initiatives:
* Explore scheduling more aggressive evening and weekend closures to expedite infrastructure improvements.
* Increasing the frequency of proactive inspections and preventive maintenance to find and fix potential issues before they impact service.
* Seek changes to law that remove impediments to force multipliers for capital investment, such as flexible procurement and project delivery approaches.
* Negotiating with industry partners to expedite manufacturing, accelerate contract milestones, and compress project schedules.
* Creating a new, flexible team of additional MBTA personnel and contracted resources to focus on expediting construction and infrastructure projects. This team will consist of flaggers, motorpersons, bus operators, engineers, and track, signals, and power personnel. The team will have the flexibility to work on both operating and capital projects, which would not currently be possible if funded in the capital budget. This will require a one-time infusion of $50 million in operating budget funds for the additional MBTA employees and outside experts to support capital project delivery, proactive inspections, and enhanced maintenance.
"The MBTA has made tremendous gains since the winter of 2015 to control its operating costs, strengthen the pipeline to design and build capital projects, and take steps to improve service by focusing investments on core system infrastructure," said Governor Charlie Baker. "In order to capitalize on that progress, this acceleration plan will allow the T to continue its investments at a faster pace, with greater focus on service improvements to provide a safe, reliable means of transportation that supports our economy, and gets people where they need to go."
"This acceleration plan will help support and complement the $8 billion investment the MBTA will make over five years and the important work of the newly formed FMCB Safety Panel," said Lt. Governor Karyn Polito. "We greatly appreciate the patience of the MBTA's riders and commuters as the plan is implemented and thank the MBTA personnel that continue to work around the clock on repair and recovery efforts."
"Given the current landscape of MBTA repairs, we are confident these five initiatives will sharpen the MBTA's focus on delivering construction projects and service improvements for riders," said MassDOT Secretary Stephanie Pollack. "While we understand executing on this plan will likely cause additional inconveniences for our customers now, these measures will allow us to get to the MBTA that they deserve sooner."
"This acceleration plan will give us tools we need to be more aggressive in our capital investments, but more important, it allows us to treat this situation with the urgency our customers demand," said MBTA General Manager Steve Poftak. "While we acknowledge we can't rebuild the system overnight, we can enhance our processes for inspections to ensure the MBTA remains safe for use while we execute on our capital program."
Further details on the acceleration plan include:
* Explore more aggressive evening and weekend closures to expedite infrastructure improvements.
* Following a long-standing practice, the MBTA traditionally saved critical capital work for the hours overnight when the T was not in service. While this reduced the impacts on MBTA customers, the window within which work could take place limited progress and often prevented multiple activities from occurring simultaneously;
* Expanding work windows - through a combination of shutting down service earlier in the evening and for consecutive days - will allow the T to increase its concentration of effort during a planned disruption in service, resulting in enhanced progress, and improved coordination with other related construction activities;
* Furthermore, maximizing the work that can be done during these shutdowns by combining multiple projects in the same area makes each disruption more productive. For example, during the recent shutdown of the Green Line D Branch, capital construction contractors and MBTA maintenance forces were able to work on three projects concurrently (Green Line Track and Signals Upgrades, Fenway Portal Resiliency Improvements, and Green Line Grade Crossing Replacement);
* The MBTA is actively exploring opportunities to maximize use of planned weekend and evening shutdowns to accelerate maintenance work and infrastructure improvements. This may lead to increases in the number or length of shutdowns this summer and through the end of the year.
* Upcoming diversions include:
* Needham Commuter Rail Line (weekends during August and September): to support the Positive Train Control project.
* Fitchburg and Lowell Commuter Rail Lines (weekends through September): in support of the Green Line Extension project;
* Orange Line (weekends during August and September): for capital maintenance and track renewal along the Southwest Corridor of the Orange Line;
* Green Line D Branch (weeknights through December): for track renewal and signal upgrades;
* Rockport Commuter Rail Line (bridge closure through June): to facilitate replacement of the Gloucester Drawbridge;
* Orange Line (weeknights ongoing through August): for capital maintenance and track renewal between Wellington and Oak Grove by contractors and MBTA forces;
* Green Line C Branch (weekends between June and August): for maintenance crews, and construction contractors to work on roadway grade crossings, tracks and switches;
* Green Line D Branch (select weekends between August and September): for track renewal and signal upgrades;
* Additionally, the T will begin to map out an even more aggressive schedule of shutdowns for the 2020 construction season by building expanded evening and weekend work windows into upcoming contracts.
* Increasing the frequency of proactive inspections and preventive maintenance to find and fix potential issues before they impact service.
* The MBTA currently conducts daily, weekly, monthly, and annual preventive maintenance inspections for vehicles, track, signals, power, and other infrastructure. These inspections meet or exceed all federal and state requirements and are critical elements of the T's robust safety program;
* The $50 million requested by Governor Baker would provide additional support of inspection and maintenance crews to increase the frequency of inspections, focusing on the oldest parts of the system to identify and address issues before they cause disruption;
* The MBTA will increase the resources available for a suite of specialized mechanized inspections using ultrasonic, geometric, and optical technology that can detect infrastructure defects, which cannot be seen by the human eye. For example, the MBTA will increase the frequency of ultrasonic inspections of rails and axles.
* Seeking changes to law that remove impediments to force multipliers for infrastructure
improvements, such as flexible procurement and project delivery approaches.
* The 2019 Transportation Bond Bill will include a suite of proposals to expedite capital projects and allow the T to leverage innovative financing and project delivery approaches.
* Proposals include:
* Allowing the MBTA to utilize an alternative project delivery method (Design/Build/Finance/Operate/Maintain) which involves a public entity contracting with a private entity for all aspects of a capital project;
* Allowing the design/build project delivery method to be used on all construction and repair projects (not just those with budgets over $5 million);
* Allowing the MBTA to use "A+B bidding", a procurement method that considers both cost and schedule in contract bids, driving more schedule competition among bidders
* Authorizing job order contracting for capital projects under a $500,000 threshold. This allows an on-call contractor to cost-effectively and efficiently address multiple, repetitive type projects such as repairs and maintenance of stations, platforms, and facilities.
* Negotiating with industry partners to expedite manufacturing, accelerate contract milestones, and compress project schedules.
* Given the scope and urgency of the current Capital Program, the MBTA will be reaching out to the contractor community to identify opportunities to expedite supply chain constraints and compress schedules;
* Without compromising the T's commitment to fiscal discipline and financial stewardship, this effort will focus on ways in which work can be re-sequenced, where gains can be made by altering work hours, and how financial incentives can play a role in achieving contract milestones earlier;
* For example, MassDOT uses an incentive and disincentive contract tool to shorten construction periods, thereby reducing the length construction impacts have on the traveling public. A recent example was the Commonwealth Avenue Bridge Replacement Project in Boston during which the bridge deck was demolished and replaced in a few weeks, during the summers of 2017 and 2018.
* Create a new flexible team of additional MBTA resources and outside experts to support inspections, maintenance, and capital projects.
* This team will have the flexibility to work on both capital and operating projects in order to accelerate construction and maintenance projects. It will be funded by an immediate deficiency budget request of $50 million for additional MBTA employees and third party contractors and engineering consultants to support capital project delivery and augment existing inspection and maintenance activities.
* Categories include:
* Additional flaggers, motorpersons, and related employees to provide safe access to tracks so more construction and maintenance can occur during service and non-service hours;
* Additional bus operators and related employees to provide alternative service during system shutdowns;
* Additional inspection and maintenance crews for power, signals, and track infrastructure to proactively identify and address abnormal conditions before they impact service;
* Rehired annuitants to bring their experience and expertise back to the MBTA during this period of accelerated investment;
* Funds for expert consultants to train and mentor MBTA staff to develop and implement data-driven strategies and best practices for inspections and maintenance.
Attorney General Herring Files Suit Against Roanoke Robocallers
RICHMOND, Virginia, June 25 -- Virginia Attorney General Mark R. Herring issued the following news release:
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- Adventis Inc. and Skyline Metrics, LLC made hundreds of thousands of robocalls nationwide
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Attorney General Mark R. Herring announced today he has filed suit against two Roanoke-based telemarketing companies, and Roanoke resident Bryant Cass, for illegal robocalling and deceptive sales practices. The Complaint, filed in the United States District Court for the Western District of Virginia in Roanoke, alleges Cass, and his companies, Adventis, Inc. and Skyline Metrics, LLC,
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RICHMOND, Virginia, June 25 -- Virginia Attorney General Mark R. Herring issued the following news release:
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- Adventis Inc. and Skyline Metrics, LLC made hundreds of thousands of robocalls nationwide
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Attorney General Mark R. Herring announced today he has filed suit against two Roanoke-based telemarketing companies, and Roanoke resident Bryant Cass, for illegal robocalling and deceptive sales practices. The Complaint, filed in the United States District Court for the Western District of Virginia in Roanoke, alleges Cass, and his companies, Adventis, Inc. and Skyline Metrics, LLC,made hundreds of thousands of unsolicited robocalls nationwide pitching car selling services to people who listed cars for sale on Craigslist, Autotrader.com, or similar sites.
"Robocalls have become something that Virginians have to deal with on almost a daily basis," said Attorney General Herring. "While robocalls are extremely annoying, they can also be dangerous and could potentially scam Virginians out of hundreds if not thousands of dollars. My team and I will continue to do everything we can to protect consumers and shut illegal robocall operations like this one down."
In the Complaint, Attorney General Herring alleges the businesses used automated equipment to pull telephone numbers from websites, make hundreds of calls a day - even to numbers on the National Do Not Call Registry - and leave prerecorded voicemails in which Cass used fake names like "Peyton" or "Brian" to pitch car selling services for a "small fee" with a "money back guarantee." If people called back, they reached a telemarketing boiler room in downtown Roanoke, where trained salespeople worked off a scripted pitch to make sales.
Under Virginia and federal telemarketing laws, those making illegal calls are subject to damages or civil penalties of $500 or more per call. The Complaint alleges that from 2014 to 2017 alone, Cass and his companies made 586,870 unsolicited telemarketing calls just to numbers with Virginia area codes.
The Complaint also alleges that the companies enticed people to pay $289 for online car sales services through deceptive claims like these:
* We have "buyers in your area" or buyers looking for "vehicles like yours," regardless of whether the companies actually had such buyers.
* We also pre-screen buyers for financing to "make sure they are serious and they have a plan for paying you." In fact, there was no such pre-screening.
* "We have a Money Back Guarantee!" If you sell your car on your own, "you're eligible for a refund in the first 45 days." In fact, refunds were hard to get, and Mr. Cass instructed employees to limit the number of refunds given, even to customers who took all the steps to qualify for a refund.
According to the Federal Trade Commission (FTC), Virginia was the 7th highest state in the nation for Do Not Call Registry complaints with 181,936 complaints in 2018. Additionally, Virginians made more than 118,000 complaints to the FTC about robocalls alone.
Americans received almost 18 billion scam robocalls in 2018 and overall, robocalls increased in the U.S. by 57 percent from 2017 to 2018. The FCC reports that impostor scams have reportedly cost consumers $488 million just in 2018.
Attorney General Herring's Consumer Protection Section has recovered more than $301 million in relief for consumers and payments from violators. The Section has transferred more than $33 million to the Commonwealth's General Fund, and following a major reorganization and enhancement in 2016 the Section has been even more effective in fighting for Virginia consumers.
The Attorney General has the following tips for Virginians to help manage robocalls:
* Don't answer calls from numbers you do not recognize.
* If it's an unwanted robocall, hang up.
* Don't press any numbers. This could lead to even more calls, even if the robocall claims you can press 1 to speak to a live operator or press a number to get your number off the calling list.
* Register your home and mobile phone numbers on the National Do Not Call Registry at http://www.donotcall.gov or by calling 1-888-382-1222 from the number you wish to register.
* Report robocalls to the National Do Not Call Registry at http://www.donotcall.gov. Federal and state law enforcement officials have access to the complaints filed through the National Do Not Call Registry.
* Contact your phone service provider and ask about available robocall-blocking technology.
* Consider using mobile apps or other features that may already be built into your phone to block robocalls.
