A growing chorus of elected officials and reporters has sought to tie the Merrimack Valley gas explosions to inadequacies in the state’s natural gas infrastructure and regulatory regime. A number of state representatives have now called for hearings to explore the extent to which chronic shortages of state gas inspectors as well as a host of other factors contributed to the failings of Columbia Gas. Democratic nominee for Governor Jay Gonzalez released a multi-pronged plan to bolster the oversight capabilities of the Department of Public Utilities (DPU), which is responsible for regulating the natural gas industry. Meanwhile, The Boston Globe published an article detailing the dangers associated with the state’s antiquated natural gas delivery infrastructure.
Taken together, these developments suggest a growing appetite for reform, although the scale and scope of that reform has yet to be determined. Disasters have stirred the Massachusetts State Legislature into action before, so it is not surprising that a number of elected officials are willing to at least entertain policy change. By aggregating death, destruction, and economic loss, disasters, like the Merrimack explosion, can serve as powerful symbols of government failure.
However, recent history suggests proponents of policy change are behooved to act fast. Consider the state’s 2017 ban on bump stocks. Days after the Las Vegas massacre, Representative David Linsky (D-5th Middlesex) filed legislation outlawing the possession and use of the deadly firearm accessory. Shortly after introducing the bill, Linsky determined that he needed to expedite the policy process, noting that the issue was so important “it needed to be addressed as soon as possible.” In order to circumvent the labyrinthine procedural rules associated with the consideration of an entirely new law, he quickly refiled the proposal as an amendment to a supplemental budget bill. Whether or not it was his intent, speeding things up also allowed Linsky to capitalize on the public outrage generated by the horrific killings. His parliamentary maneuver paid off. Roughly four weeks after the Vegas shootings, Massachusetts became the first state in the country to formally ban bump stocks on November 3, 2017.
The recent enactment of H.4613/S.2491 (An Act Promoting Climate Change Adaptation, Environmental and Natural Resource Protection, and Investment in Recreational Assets and Opportunity) provides yet another illustration of the strategic advantages of swift and decisive action in the wake of disaster. Commonly referred to as the environmental bond bill, H.4613/S.2491allocates $2.4 billion to fund municipal climate change adaptation projects, including seawall and dam repairs, beach replenishment, and heat reduction programs among others. The legislation was filed by Governor Charlie Baker in March of 2018, less than two months after Winter Storm Grayson sent floodwaters streaming into the streets of coastal communities across the Bay State. Environmental advocates advocated for similar proposals in previous sessions, but were unable to gain traction in the House.
During his announcement of the bond bill, Governor Baker harkened back to the storm noting “This winter, we’ve been reminded of how critical environmental assets like seawalls and dams are to our communities and how important these proposals will be for safeguarding municipalities and businesses from the impacts of climate change.” Once again, the lessons of disaster proved too great for elected officials to ignore. Seven months after Grayson, the bond bill was signed by Governor Baker on August 21, 2018, record time for a policy that once struggled to make it out of committee.
When it comes to disaster politics time is indeed of the essence. Even the most harrowing events fade from the media and legislative agendas. A cursory review of local media coverage of the Merrimack explosions suggests issue attention has already begun to wane. Coverage of the explosions has been supplanted by stories about the Kavanaugh nomination and Question 1.
The urgency to act quickly is even greater in the Merrimack case. The November election all but guarantees reform will have to wait until at least the start of the new legislative session in January. Three months is an eternity in political time. In the absence of sustained public hearings and, at the very least, a tentative policy proposal, it will likely be difficult to reenergize the reform movement.
Complicating matters further, there are least two pending investigations, the National Transportation Safety Board’s (NTSB) review of the events preceding the explosions as well as a separate, independent investigation of DPU. One would assume the most rational course of action is to wait for these investigations to conclude before moving forward. However, from a political perspective, this would be mistake. The NTSB review could take up to two years to complete and, to my knowledge, the DPU investigation has yet to begin. While these investigations will no doubt provide important information, further delay will only diminish the growing momentum for change.
When it comes to disaster politics, a wait-and-see approach will not suffice. If reform is the goal, then the time for action is now. Hearings need to be convened. Proposals need to be drafted. Coalitions need to be built. Merrimack opened a window to reform. Whether or not policymakers take advantage of that window remains to be seen.