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CLT UPDATE
Thursday, March 5, 2020

House Transportation Tax Grab Passes, As Expected

Jump directly to CLT's Commentary on the News


Are cars the new cigarettes? One might get that impression from Massachusetts lawmakers’ eagerness to slap more taxes on gasoline.

Right now, the state excise tax on a pack of cigarettes is $3.51. Most of the bountiful tax revenue goes to the state’s general fund, with some apportioned to Commonwealth Care Trust Fund. Taxing a vice pays well.

And in these environmentally conscious times, carbon emissions are the new secular sin. “Flight shaming” takes tourists to task for wasting fuel for the frivolity of vacation, or otherwise stamping their big carbon footprints on the landscape.

In Massachusetts, autos are seen by lawmakers as the vehicle to a greener future. Or at least one with improved public transportation and more money in state coffers....

Legislators could get the tax hike bill, with or without amendments, passed — but voters will have the last word when re-elections roll around.

A Boston Herald editorial
Wednesday, March 4, 2020
Lawmakers’ gas tax plans should take a hike


The Massachusetts House of Representatives approved a major tax bill Wednesday night that Democratic leaders say will generate more than half a billion dollars for transportation infrastructure by increasing taxes or fees on gasoline, corporations, ride-hailing services and vehicle purchases by rental car companies.

Lawmakers voted mostly along party lines in favor of the bill, 113-40, after about eight hours of session that featured little public debate and lengthy periods of public inactivity.

Representatives rejected or withdrew dozens of amendments that would have rewritten key sections of the bill, opting instead to advance a revenue-heavy bill, with few prescriptions for how the money should be spent, similar to the version offered by House Speaker Robert DeLeo and his top deputies....

Under the bill (H 4508), which Democratic leaders project will bring in $522 million to $612 million per year, the state's 24-cents-per-gallon gasoline and diesel taxes would increase by 5 cents and 9 cents, respectively.

Those hikes would be the first of their kind since 2013, when Beacon Hill approved a controversial law whose sections indexing the gas tax were repealed by voters in a referendum just one year later. That law increased the gas tax by 3 cents.

The House's proposal also seeks increases to the corporate minimum excise tax, which has not been changed in 30 years, from $456 for all companies to a tiered structure at the top of which companies with more than $1 billion in sales would pay at least $150,000.

Transportation network companies such as Uber and Lyft would be subject to higher costs as well....

The fourth prong of the revenue bill would require rental car companies to pay sales tax when they purchase vehicles for their fleets, a tax from which they are exempt under existing law....

Every Republican member of the House voted against the proposed tax increases, as did independent Rep. Susannah Whipps and eight Democrats: Reps. Brian Ashe of Longmeadow, Michelle DuBois of Brockton, Colleen Garry of Dracut, Patrick Kearney of Scituate, John Rogers of Norwood, John Velis of Westfield, and Jonathan Zlotnik of Gardner.

Republican Gov. Charlie Baker said last week he was "disappointed" with the legislation and opposes both the gas and corporate tax increases, foreshadowing a potential veto that Democrats could override with a two-thirds votes.

Based on Wednesday's results, the supermajority party appears to have the votes for an override if necessary.

The House shot down amendments from the GOP that would have scrapped or blunted several of the tax and fee hikes. One amendment filed by Minority Leader Brad Jones would have repealed the gas, corporate and vehicle sales tax sections of the bill if and when a surtax on household income above $1 million takes effect.

DeLeo's team has referred to the current bill as a "bridge" to the 4 percent surtax, sometimes referred to as the "Fair Share Amendment" or "Millionaires Tax," that is on track to appear before voters on the 2022 ballot. Supporters say that hike could generate up to $2 billion per year for education and transportation needs.

"Are we going to be true to our word if the millionaires tax increases and really spend it on transpo, or is this all part of the grand shell game?" Jones said. "If we're going to take in $2 billion, which is supposed to be for one of two reasons, education and transportation — if that's really what the millionaires tax is all about, then we should be willing to sunset these taxes if that in fact passes." ...

Although the legislation dedicates new $27 million streams to both the MBTA and the RTAs, it does not come close to spending all of the $552 million-plus it could generate. Democratic leaders say they will instead use the new funding to make larger budgetary allocations later in the spring and to backstop borrowing, with a $14.5 billion transportation bond bill (H 4506) on deck for a Thursday session.

Most policy changes representatives sought to the bill were unsuccessful during Wednesday's session....

The House's approval for a gas tax hike comes as the Baker administration works to implement a regional cap-and-trade program on transportation emissions that officials project could prompt price increases at the pump between 5 cents per gallon and 17 cents per gallon.

That program, known as the Transportation and Climate Initiative, has come under fire as elected officials in other states have questioned its potential impact or outright declared their intention not to join. While Democratic leaders in the Massachusetts Legislature have not opposed the effort, they have raised doubts about its viability.

The transportation bill they unveiled last week includes language that would effectively require the administration to walk back the gas tax increase if TCI is implemented and raises prices. Rep. Michelle Ciccolo filed an amendment to strip that language, but she withdrew it Wednesday.

State House News Service
Wednesday, March 4, 2020
Major Tax Bill To Raise $$$ For Transpo Clears House
Attention Shifts To Senate, Where Plans For Bill Are Unclear


The Massachusetts House of Representatives overwhelmingly passed a package of fee and tax hikes late Wednesday night that would make it more expensive for motorists to get around, raising as much as $600 million and plowing that money into the MBTA, rural towns, and improvements to crumbling transportation infrastructure.

Six months before most seek reelection in the state primary, lawmakers approved the legislation, 113-40, which would raise the state’s gas tax 5 cents, to 29 cents per gallon. It would also hike fees in most cases by $1 per ride on ride-hailing companies such as Uber and Lyft, which lawmakers say would be barred from passing on the cost on to riders....

The unusual timing to pursue a tax hike in an election year has hung over deliberations, and they come at an economic crossroads. The state has enjoyed back-to-back budget surpluses, but it’s facing broader uncertainty about the economy as coronavirus fears have left global markets reeling....

But raising the cost of gasoline is also a politically volatile option, and one voters have pushed back on before.

“It’s the kind of left-of center idea that working people don’t like,” said Mark Horan, a Democratic strategist who in 2014 worked on the effort to keep the law that hooked the state’s gas tax to inflation. Voters ultimately repealed it on that year’s ballot, and Horan said “we always knew we were behind.”

While lawmakers have pledged that some of the new revenue would be used to fund transportation in rural communities, as well as public bus systems outside of Greater Boston, a gas tax hike impacts most of the state’s travelers, Horan said.

“If you’re outside of Boston without public transportation, you have to drive. If you’re a plumber or an electrician, you have to drive. If you’re a nurse living 30 miles from a hospital, you have to drive. For them, it’s reaching into their pocket,” he said.

There were other political and financial considerations in play as well. Governor Charlie Baker, who has opposed raising the gas tax, is nonetheless also pursuing a multistate pact — known as the Transportation and Climate Initiative, or TCI — that would establish a cap-and-trade system for transportation fuels and could increase gas prices by as much as 17 cents per gallon along the East Coast.

And looming in roughly two years is still another potential tax hike: A 2022 ballot question that, if approved by voters, would add a surtax on household income over $1 million and raise as much as $2 billion annually to help fund transportation and education.

House Speaker Robert A. DeLeo has described the current tax bill as a “bridge” to that potential revenue windfall, a version of which was shot down before reaching the 2018 ballot amid a legal challenge. But his budget chair, Representative Aaron Michlewitz, warned that both the multistate initiative and wealth surtax, despite their “noble goals,” are still hypothetical and that any promised revenue could be at least three years away.

“It is undeniable that both of these have many challenges and hurdles in front of them before they will ever become reality,” Michlewitz said from the House floor Wednesday in arguing for the need to raise taxes now. He also gave a muted assessment of emissions initiative, which has sowed concern among other New England governors.

“To be perfectly blunt,” Michlewitz said, "it seems as if we’re the only ones leading and not many others are following.” ...

On Thursday, the House is also expected to take up separate but related legislation: A $14.5 billion transportation bond bill that seeds various projects over several years through borrowing.

As the tax bill moves to the Senate, transit advocates suggested that chamber should raise the levy on gas even higher and authorize a tolling pilot with a goal of reducing traffic. The House bill calls for a study of these “congestion pricing” mechanisms and a to-be-determined date to create a plan to implement the study’s recommendations.

The House bill is “definitely progress, and we need that when the status quo is so painful for so many people across the state,” said Chris Dempsey, director of Transportation for Massachusetts, an advocacy group. “But we’re also looking forward to working with the Senate because we think there’s more that can be done.”

Senate leaders have not laid out a specific timeline for tackling legislation. The chamber’s president, Karen E. Spilka, has suggested it would look at using new revenue to offset public transit fares.

The Boston Globe
Wednesday, March 4, 2020
Massachusetts House passes hike to gas tax, ride-hailing fees
The $600 million bill is designed to funnel new money toward transportation


"When it comes to our transportation system, revenue can’t wait,” declared Robert DeLeo, the Massachusetts House speaker, when he unveiled a bill last month to raise taxes by $600 million. “Revenue can’t wait any longer.”

Since the House, for all intents and purposes, is a one-party institution whose members vote as they’re told, there wasn’t any doubt that DeLeo’s bill would be approved. What passes for deliberation on Beacon Hill began in the House on Wednesday afternoon and was over by Wednesday night. A number of amendments to soften the measure’s tax bite were introduced, only to be withdrawn or handily defeated. After a legislative session “that featured little public debate and lengthy periods of public inactivity,” as the State House News Service put it, the bill was overwhelmingly approved....

The overlords of the Massachusetts transportation system aren’t in dire straits for lack of revenue. Taxes have been gushing into the state’s coffers at record-busting levels. In fiscal year 2019, Massachusetts collected nearly $2 billion more in taxes than it had the year before, a surplus much higher than officials had anticipated. And the flood of incoming dollars hasn’t slowed: “Tax receipts over the first seven months of fiscal 2020 are up 4.9 percent,” reports State House News — a whopping “$794 million over the same period in fiscal 2019.” ...

To be sure, Massachusetts roads need fixing. Anyone who drives the state’s highways and byways knows what wretched condition many of them are in. Comparative studies of the nation’s transportation networks have concluded for years that Massachusetts has some of the most cracked, crumbled, and corroded highways and bridges in the country. Last summer, USA Today published a state-by-state ranking of decrepit transportation infrastructure, based on data from the Federal Highway Administration. Massachusetts ranked sixth from the bottom....

Each year the Reason Foundation, a market-oriented think tank with a longstanding focus on transportation, issues a detailed study of each state’s highway system. The foundation ranks the states in multiple categories, including traffic fatalities, pavement condition, congestion, spending per mile, and so on. In one area, Massachusetts has an outstanding record: Its highway fatality rate is the lowest in America. But when it comes to cost-effectiveness — to the amount of money Massachusetts spends per mile, both on maintenance and administration — its record is atrocious.

In the most recent Reason report, Massachusetts ranked 48th out of 50 in total overall highway spending per mile, and 45th in capital and bridge spending per mile. (The lower the ranking, the higher the dollar amount)....

In every area, Massachusetts’ spending is out of control. Take maintenance. North Dakota, one of the best-managed highway systems in the nation, spends $1,657 on maintenance disbursements per mile. Maine spends $12,109. Massachusetts? $25,033.

Equally disgraceful is the Commonwealth’s spending on administration. Four states — Kentucky, Nebraska, Arkansas, and Missouri — manage to hold their administrative costs to less than $1,000 per mile of state highway. Within New England, Maine, New Hampshire, and Vermont all keep their administrative costs below $10,000 per mile. But Massachusetts pours a mind-boggling $23,950 per mile into highway administration. And what does it achieve for all that spending? One of the worst-run highway systems in the nation.

Plainly, the cure for what ails Massachusetts transportation isn’t more revenue. It has plenty of that. What it needs more of is competent management....

Another $600 million a year in tax revenue is the very last thing the Legislature should support. Alas, raising taxes is Beacon Hill’s default remedy for every ill. If DeLeo’s bill becomes law, two outcomes are certain: The people of Massachusetts will get to keep even less of their own money. And they will continue to drive on some of the most expensive, yet worst-maintained, roadways in America.

The Boston Globe
Thursday, March 5, 2020
Beacon Hill to riders and drivers: Drop dead
By Jeff Jacoby


Transportation funding legislation may not emerge in the Senate until May, and will likely take a different approach than the roughly $600 million tax-and-fee package the House approved Wednesday night.

Senate Ways and Means Chairman Michael Rodrigues told two reporters that the upper chamber will take up its version of the bill "within the next couple of months," aiming for a release before the Senate begins its annual budget deliberations in May.

Rodrigues and Revenue Committee Co-chair Sen. Adam Hinds declined to offer specifics on the Senate legislation, although both stressed they agree the state needs to make more investments in transportation.

The Senate proposal, Rodrigues said, is also "probably going to be more policy-focused than tax- or revenue-focused."

State House News Service
Thursday, March 5, 2020
Senate Leaders Sizing Up Transpo $$$, Policies
Rodrigues Sees Bill in "Next Couple of Months"


Chip Ford's CLT Commentary

Last night at 8:28 PM the House voted 133-40 to impose another gas tax hike on Massachusetts motorists, among other tax increases included in the bill that is expected to rake in an additional $600 million annually.  [Roll Call Vote here]  That's more than enough to insure a two-thirds vote if Gov. Baker summons up the courage to veto it.  His veto assured to be overridden, being but meaningless virtue signaling to taxpayers, I suppose we can count on it from him.  Now the House transportation tax bill moves to the Senate.

It's been driving me crazy how everyone has simply accepted the premise "When it comes to our transportation system, revenue can’t wait,” as if it's Moses presenting The Ten Commandments tablets upon descending from Mount Sinai.

●  Why is there so little if any mention of the multi-billion dollar budget surpluses (over-taxation) over recent years that gets squandered?

●  Why is there so little if any mention of the "Millionaires Tax," the "Fair Share" graduated income tax constitutional amendment that's expected to be on the 2022 ballot and expected to pass, which is expected to rake in an additional $2 Billion year after year allegedly to be spent only on education and transportation?

●  And why has there been no mention whatsoever of the embarrassingly astronomical amount wasted by Massachusetts on its highway maintenance and construction, over 300 percent more than the national average?

Finally, as Citizens for Limited Taxation has done for years, Boston Globe columnist Jeff Jacoby had the temerity to challenge the shibboleth.

His column summation said it all:

"Alas, raising taxes is Beacon Hill’s default remedy for every ill.  If DeLeo’s bill becomes law, two outcomes are certain:  The people of Massachusetts will get to keep even less of their own money.  And they will continue to drive on some of the most expensive, yet worst-maintained, roadways in America."

What more needs to be said but that, in Massachusetts, the majority of voters get what they pay for, and apparently what they want.  Certainly they're getting what they deserve.  They pay for, elect, and reelect "The Best Legislature Money Can Buy," which squanders the riches extracted from taxpayers, then when legislators want more to squander, with impunity the arrogant pols come back and simply take more, again and again.

After all these decades fighting for taxpayers, I still can't decide whether that majority is pathologically masochistic with a death wish, don't know any better and passively accept their lot like a flock of sheep being sheared, or are just plain stupid.  Perhaps the answer is as simple as the The Takers have reached a permanent and growing majority a new consideration.

It's detestable that far too many Bay State taxpayers have such little impact or control over their standard of living, quality of life, or their destiny.  They apparently won't until that majority either becomes impoverished enough, or wakes up before they become so.  With productive taxpayers fleeing the state, that tipping point is getting closer.

The Boston Herald editorial concluded:

"Legislators could get the tax hike bill, with or without amendments, passed — but voters will have the last word when re-elections roll around."

We've been waiting for decades for that promised day to arrive.  We thought the Legislature's obscene pay grab would be the final straw, but it caused not a ripple of behavioral change among the majority of voters.  Will this this time or will the Beacon Hill pols get away with their insatiable greed without consequence all over again?

The next battleground will be in the state Senate.  We'll let you know when it's time to contact your state senator, but it's never too early to start.

FIND YOUR STATE SENATOR HERE

YOUR STATE SENATOR'S WEBSITE
State House Address | Phone | E-mail Address

Chip Ford
Executive Director


 

The Boston Herald
Wednesday, March 4, 2020
A Boston Herald editorial
Lawmakers’ gas tax plans should take a hike

Are cars the new cigarettes? One might get that impression from Massachusetts lawmakers’ eagerness to slap more taxes on gasoline.

Right now, the state excise tax on a pack of cigarettes is $3.51. Most of the bountiful tax revenue goes to the state’s general fund, with some apportioned to Commonwealth Care Trust Fund. Taxing a vice pays well.

And in these environmentally conscious times, carbon emissions are the new secular sin. “Flight shaming” takes tourists to task for wasting fuel for the frivolity of vacation, or otherwise stamping their big carbon footprints on the landscape.

In Massachusetts, autos are seen by lawmakers as the vehicle to a greener future. Or at least one with improved public transportation and more money in state coffers.

Last week, House Speaker Robert DeLeo unveiled a legislative package that called for a 5 cent gas tax increase, bringing it up to 29 cents per gallon, and a 9 cent increase on diesel fuel to 33 cents per gallon. State officials estimate that the gas tax increase will raise between $150 million and $175 million while the diesel tax bump will bring in $32 million.

DeLeo has plans for that tax money. “When it comes to our transportation system, revenue can’t wait,” DeLeo said. “Our residents, our communities and our economy are dependent on an immediate source of revenue.”

Rank-and-file Democrats upped the ante, called for even more gasoline and diesel tax increases in dozens of amendments. One, filed by Brookline Democratic Rep.Tommy Vitolo, increases both the gas tax and diesel tax another 5 cents in 2022 and a third 5-cent increase in 2024 until they reach 39 cents per gallon and 43 cents per gallon, respectively.

Other amendments would subject Suffolk and Middlesex counties to a “higher tier” — without specifying numbers — of gas taxes, or would allow cities and towns to impose an additional 3-cent excise tax on fuel sales to retail dealers.

The House takes up the bill Wednesday. Republican lawmakers are ready to challenge the hikes.

One of the most stunning takeaways is that these lawmakers seem unable to read the room. Bay State residents don’t want a gas tax hike, and have said so.

“It was just six years ago that the people of Massachusetts spoke out clearly that they didn’t feel that Beacon Hill was looking out for their best interests in raising the gas tax,” former state representative and U.S. Senate candidate Geoff Diehl told the Herald. Diehl successfully fought to repeal a gas tax hike in 2014.

“The people spoke clearly on gas tax hikes,” said Holly Robichaud, a Republican strategist who worked with Diehl to defeat the gas tax in 2014.

They haven’t warmed up to the idea since.

And if it’s revenue for the transit system they’re after, Gov. Charlie Baker’s been working on it.

“I don’t think we need to raise taxes to fund the plan that we filed, which is actually a bigger plan than the one that is going to be debated by the House next week,” Baker told reporters Thursday, referencing his $18 billion transportation borrowing bill filed last year.

Baker’s bill would fund projects including $5.7 billion for the MBTA and about $11 billion on roads and bridges, as well as reduce greenhouse gases and mitigate traffic problems.

Legislators could get the tax hike bill, with or without amendments, passed — but voters will have the last word when re-elections roll around.


State House News Service
Wednesday, March 4, 2020
Major Tax Bill To Raise $$$ For Transpo Clears House
Attention Shifts To Senate, Where Plans For Bill Are Unclear
By Chris Lisinski

The Massachusetts House of Representatives approved a major tax bill Wednesday night that Democratic leaders say will generate more than half a billion dollars for transportation infrastructure by increasing taxes or fees on gasoline, corporations, ride-hailing services and vehicle purchases by rental car companies.

Lawmakers voted mostly along party lines in favor of the bill, 113-40, after about eight hours of session that featured little public debate and lengthy periods of public inactivity.

Representatives rejected or withdrew dozens of amendments that would have rewritten key sections of the bill, opting instead to advance a revenue-heavy bill, with few prescriptions for how the money should be spent, similar to the version offered by House Speaker Robert DeLeo and his top deputies.

DeLeo and other elected officials had pledged since last year that they would take action to raise new revenue for transportation, hoping to revitalize the aging and unreliable MBTA system, inject more money into road maintenance, and offer greater support to regional transit authorities.

Wednesday's vote came after months of behind-the-scenes deliberations and with less than five months of formal lawmaking business remaining before the Legislature breaks to focus on elections.

"It has become clearer by the day that the need for more transportation revenue is real and it is immediate," said Rep. Aaron Michlewitz, chair of the House Ways and Means Committee, during debate. "Whether your constituents come from a district that is considered urban or rural or anything in between, it is undeniable that our transportation system is not meeting the needs that our citizens expect and deserve."

Under the bill (H 4508), which Democratic leaders project will bring in $522 million to $612 million per year, the state's 24-cents-per-gallon gasoline and diesel taxes would increase by 5 cents and 9 cents, respectively.

Those hikes would be the first of their kind since 2013, when Beacon Hill approved a controversial law whose sections indexing the gas tax were repealed by voters in a referendum just one year later. That law increased the gas tax by 3 cents.

The House's proposal also seeks increases to the corporate minimum excise tax, which has not been changed in 30 years, from $456 for all companies to a tiered structure at the top of which companies with more than $1 billion in sales would pay at least $150,000.

Transportation network companies such as Uber and Lyft would be subject to higher costs as well. The bill would increase the $0.20-per-trip flat fee to $1.20 for each non-shared ride and $2.20 for every luxury ride — while keeping the cost the same when users carpool. The legislation does contain language aimed at preventing the companies from passing those hikes directly onto riders.

A Rep. Josh Cutler amendment the House adopted on a voice vote also blocks those fees from applying to riders who use the companies for paratransit service.

The fourth prong of the revenue bill would require rental car companies to pay sales tax when they purchase vehicles for their fleets, a tax from which they are exempt under existing law.

Every Republican member of the House voted against the proposed tax increases, as did independent Rep. Susannah Whipps and eight Democrats: Reps. Brian Ashe of Longmeadow, Michelle DuBois of Brockton, Colleen Garry of Dracut, Patrick Kearney of Scituate, John Rogers of Norwood, John Velis of Westfield, and Jonathan Zlotnik of Gardner.

Republican Gov. Charlie Baker said last week he was "disappointed" with the legislation and opposes both the gas and corporate tax increases, foreshadowing a potential veto that Democrats could override with a two-thirds votes.

Based on Wednesday's results, the supermajority party appears to have the votes for an override if necessary.

The House shot down amendments from the GOP that would have scrapped or blunted several of the tax and fee hikes. One amendment filed by Minority Leader Brad Jones would have repealed the gas, corporate and vehicle sales tax sections of the bill if and when a surtax on household income above $1 million takes effect.

DeLeo's team has referred to the current bill as a "bridge" to the 4 percent surtax, sometimes referred to as the "Fair Share Amendment" or "Millionaires Tax," that is on track to appear before voters on the 2022 ballot. Supporters say that hike could generate up to $2 billion per year for education and transportation needs.

"Are we going to be true to our word if the millionaires tax increases and really spend it on transpo, or is this all part of the grand shell game?" Jones said. "If we're going to take in $2 billion, which is supposed to be for one of two reasons, education and transportation — if that's really what the millionaires tax is all about, then we should be willing to sunset these taxes if that in fact passes."

Republicans also attempted to delay the implementation of the three tax pieces of the legislation until the Baker administration's budget office and the Department of Revenue conduct a study — without being given a deadline — on the economic impact of the tax changes.

That amendment failed with just 33 representatives supporting it after Transportation Committee Chairman Rep. William Straus said the amendment was "craftily-worded" to essentially prevent the tax changes from taking effect.

"I appreciate the chairman of transportation referring to the amendment as craftily-drafted because we stole it from your side of the aisle," Jones said, referring to the way Democrats often sink GOP-sponsored amendments by requiring the issue to first be studied. "We've been subjected to it numerous times."

The legislation does not call for adjustment of roadway tolls to incentivize off-peak travel, a practice referred to as congestion pricing, but it does require a one-year study of the topic.

Rep. Alice Peisch of Wellesley filed an amendment that would have required the Department of Transportation to deploy tolls across the state and use congestion pricing, but she scaled back her proposal to require only that MassDOT develop a plan to implement the study's recommendations. The House adopted her updated amendment.

"The Commonwealth's worst-in-the-nation traffic is holding back our economy and hurting our quality of life," Chris Dempsey, executive director of the Transportation for Massachusetts advocacy coalition, said in a statement. "As this proposal moves to the Senate, it will be critical to match the ambition of the Commission with real-world piloting and testing of pricing concepts so that Massachusetts drivers can see the benefits of a policy that is working in Seattle, Washington D.C., and other peer regions."

Although the legislation dedicates new $27 million streams to both the MBTA and the RTAs, it does not come close to spending all of the $552 million-plus it could generate. Democratic leaders say they will instead use the new funding to make larger budgetary allocations later in the spring and to backstop borrowing, with a $14.5 billion transportation bond bill (H 4506) on deck for a Thursday session.

Most policy changes representatives sought to the bill were unsuccessful during Wednesday's session.

On a voice vote with no debate, the House rejected one amendment from Rep. David LeBoeuf that would have used one cent of the diesel tax to make all RTA bus fares free to riders. Two other proposals to fund free MBTA or RTA buses were quietly withdrawn as the evening proceeded.

That decision could prompt disagreement between the House and the Senate, where President Karen Spilka has already said she believes any new transportation revenues should be used to "change behavior," particularly by reducing public transit fares. The Senate has not laid out any concrete plans to date to consider the House bill.

Another high-profile amendment withdrawn was a Brookline Rep. Tommy Vitolo recommendation to tack on two more 5-cent increases to the gas and diesel taxes in 2022 and 2024. Like several of the fare-free proposals, that amendment was not explained or debated on the floor.

One amendment that was successful would see the Fiscal and Management Control Board that oversees the MBTA grow from five seats to seven, adding representation for the city of Boston and another municipality in the T's coverage area.

The original House bill proposed extending the board from its July 1 expiration to 2023 with a further extension to 2025 possible, but it left the structure in place. The House adopted an amendment from Brighton Rep. Kevin Honan on an unrecorded voice vote that retains the extension and adds two seats to the board.

In his annual budget bill filed in January, Baker called for two new members on a successor board that would include a rider, a representative for an MBTA community and the secretary of transportation. Boston Mayor Marty Walsh has been calling for a Boston-specific seat on the T's oversight board since last summer.

The House's approval for a gas tax hike comes as the Baker administration works to implement a regional cap-and-trade program on transportation emissions that officials project could prompt price increases at the pump between 5 cents per gallon and 17 cents per gallon.

That program, known as the Transportation and Climate Initiative, has come under fire as elected officials in other states have questioned its potential impact or outright declared their intention not to join. While Democratic leaders in the Massachusetts Legislature have not opposed the effort, they have raised doubts about its viability.

The transportation bill they unveiled last week includes language that would effectively require the administration to walk back the gas tax increase if TCI is implemented and raises prices. Rep. Michelle Ciccolo filed an amendment to strip that language, but she withdrew it Wednesday.

Colin A. Young contributed reporting.


The Boston Globe
Wednesday, March 4, 2020
Massachusetts House passes hike to gas tax, ride-hailing fees
The $600 million bill is designed to funnel new money toward transportation
By Matt Stout and Adam Vaccaro

The Massachusetts House of Representatives overwhelmingly passed a package of fee and tax hikes late Wednesday night that would make it more expensive for motorists to get around, raising as much as $600 million and plowing that money into the MBTA, rural towns, and improvements to crumbling transportation infrastructure.

Six months before most seek reelection in the state primary, lawmakers approved the legislation, 113-40, which would raise the state’s gas tax 5 cents, to 29 cents per gallon. It would also hike fees in most cases by $1 per ride on ride-hailing companies such as Uber and Lyft, which lawmakers say would be barred from passing on the cost on to riders.

In aiming to raise between $522 million and $612 million annually, the bill also targets businesses: It would create a new system for corporate taxes, requiring companies with $1 billion or more in sales to pay at least $150,000. And it would eliminate a sales tax exemption on rental car company fleets.

The unusual timing to pursue a tax hike in an election year has hung over deliberations, and they come at an economic crossroads. The state has enjoyed back-to-back budget surpluses, but it’s facing broader uncertainty about the economy as coronavirus fears have left global markets reeling.

In passing the gas tax increase, which would be the second in seven years, lawmakers are trying to answer years of calls to seed the state’s crumbling roads and unreliable public transit options with new cash.

“The current condition of our transportation system is unacceptable, and we have to provide the resources to further address our roads, bridges and mass transit system,” said Representative William M. Straus, the House chairman of the transportation committee.

But raising the cost of gasoline is also a politically volatile option, and one voters have pushed back on before.

“It’s the kind of left-of center idea that working people don’t like,” said Mark Horan, a Democratic strategist who in 2014 worked on the effort to keep the law that hooked the state’s gas tax to inflation. Voters ultimately repealed it on that year’s ballot, and Horan said “we always knew we were behind.”

While lawmakers have pledged that some of the new revenue would be used to fund transportation in rural communities, as well as public bus systems outside of Greater Boston, a gas tax hike impacts most of the state’s travelers, Horan said.

“If you’re outside of Boston without public transportation, you have to drive. If you’re a plumber or an electrician, you have to drive. If you’re a nurse living 30 miles from a hospital, you have to drive. For them, it’s reaching into their pocket,” he said.

There were other political and financial considerations in play as well. Governor Charlie Baker, who has opposed raising the gas tax, is nonetheless also pursuing a multistate pact — known as the Transportation and Climate Initiative, or TCI — that would establish a cap-and-trade system for transportation fuels and could increase gas prices by as much as 17 cents per gallon along the East Coast.

And looming in roughly two years is still another potential tax hike: A 2022 ballot question that, if approved by voters, would add a surtax on household income over $1 million and raise as much as $2 billion annually to help fund transportation and education.

House Speaker Robert A. DeLeo has described the current tax bill as a “bridge” to that potential revenue windfall, a version of which was shot down before reaching the 2018 ballot amid a legal challenge. But his budget chair, Representative Aaron Michlewitz, warned that both the multistate initiative and wealth surtax, despite their “noble goals,” are still hypothetical and that any promised revenue could be at least three years away.

“It is undeniable that both of these have many challenges and hurdles in front of them before they will ever become reality,” Michlewitz said from the House floor Wednesday in arguing for the need to raise taxes now. He also gave a muted assessment of emissions initiative, which has sowed concern among other New England governors.

“To be perfectly blunt,” Michlewitz said, "it seems as if we’re the only ones leading and not many others are following.”

The transportation financing proposal spent months in development in the House, where lawmakers labored over how to craft a politically palatable package that could also inject a substantial amount of new money into the state’s struggling public transportation systems.

The corporate tax changes were key to gathering support from progressive lawmakers and advocates, who worried about leaning primarily on middle- and lower-class drivers to underwrite the bill.

On Thursday, the House is also expected to take up separate but related legislation: A $14.5 billion transportation bond bill that seeds various projects over several years through borrowing.

As the tax bill moves to the Senate, transit advocates suggested that chamber should raise the levy on gas even higher and authorize a tolling pilot with a goal of reducing traffic. The House bill calls for a study of these “congestion pricing” mechanisms and a to-be-determined date to create a plan to implement the study’s recommendations.

The House bill is “definitely progress, and we need that when the status quo is so painful for so many people across the state,” said Chris Dempsey, director of Transportation for Massachusetts, an advocacy group. “But we’re also looking forward to working with the Senate because we think there’s more that can be done.”

Senate leaders have not laid out a specific timeline for tackling legislation. The chamber’s president, Karen E. Spilka, has suggested it would look at using new revenue to offset public transit fares.

Some business leaders, meanwhile, have chafed at the change to the corporate tax structure. The Massachusetts High Technology Council, a trade group, has denounced the proposal, calling it packed with “taxes and fees that we just don’t need at this point."

Democrats, who hold a super-majority in the House, spent hours Wednesday dispatching with dozens of amendments, the vast majority of which died. Among the few that did pass, one would exempt fees on Uber and Lyft trips for riders with disabilities who use the services as part of a paratransit program such as the MBTA Ride.

Lawmakers also adjusted their proposal for future MBTA oversight, ultimately settling on an amendment that would expand the T’s current five-member governing board by adding a seat representing the city of Boston and another representing other communities served by the T.

The House bill calls for an additional 4 cents per gallon increase on the cost of diesel fuel and included language requiring the state, should it join TCI, to offset the five-cent gas tax increase, in an attempt to avoid hitting motorists with double pain at the pumps.

The state fees on ride-hailing companies such as Uber and Lyft would go up from 20 cents per ride to $1.20, though the 20-cent fee would stay in place for so-called shared rides.

It would also create a new, nine-tiered system to tax businesses. Currently, the state’s minimum corporate tax is $456 a year, a level lawmakers say was set 30 years ago.

The legislation would keep that for any business with sales less than $1 million a year, but increase it depending on the size of the company.


The Boston Globe
Thursday, March 5, 2020
Beacon Hill to riders and drivers: Drop dead
By Jeff Jacoby

"When it comes to our transportation system, revenue can’t wait,” declared Robert DeLeo, the Massachusetts House speaker, when he unveiled a bill last month to raise taxes by $600 million. “Revenue can’t wait any longer.”

Since the House, for all intents and purposes, is a one-party institution whose members vote as they’re told, there wasn’t any doubt that DeLeo’s bill would be approved. What passes for deliberation on Beacon Hill began in the House on Wednesday afternoon and was over by Wednesday night. A number of amendments to soften the measure’s tax bite were introduced, only to be withdrawn or handily defeated. After a legislative session “that featured little public debate and lengthy periods of public inactivity,” as the State House News Service put it, the bill was overwhelmingly approved.

If the Senate concurs, DeLeo’s legislation will raise the state tax on every gallon of gasoline to 29 cents and on diesel fuel to 33 cents, hikes of 20 percent and 38 percent respectively. It will raise the tax on Uber and Lyft rides by 500 percent, from 20 cents per ride to $1.20. It will also strip the sales tax exemption from rental car companies that purchase additional vehicles, and jack up the annual minimum corporate excise tax from $456 to as much as $150,000. The Commonwealth, already inundated with tax receipts, will collect even more of the revenue that DeLeo claims “can’t wait any longer.”

But DeLeo is wrong.

The overlords of the Massachusetts transportation system aren’t in dire straits for lack of revenue. Taxes have been gushing into the state’s coffers at record-busting levels. In fiscal year 2019, Massachusetts collected nearly $2 billion more in taxes than it had the year before, a surplus much higher than officials had anticipated. And the flood of incoming dollars hasn’t slowed: “Tax receipts over the first seven months of fiscal 2020 are up 4.9 percent,” reports State House News — a whopping “$794 million over the same period in fiscal 2019.”

To be sure, Massachusetts roads need fixing. Anyone who drives the state’s highways and byways knows what wretched condition many of them are in. Comparative studies of the nation’s transportation networks have concluded for years that Massachusetts has some of the most cracked, crumbled, and corroded highways and bridges in the country. Last summer, USA Today published a state-by-state ranking of decrepit transportation infrastructure, based on data from the Federal Highway Administration. Massachusetts ranked sixth from the bottom. Yet when it came to state highway spending per driver, the same study found that the Bay State was smack in the middle, at No. 25. Many states with far better roads — Nevada, Utah, Arizona, and Georgia, for example — spend far less per driver.

The problem with Massachusetts highways isn’t a shortage of funds. It’s how those funds are spent. Or rather, squandered.

Each year the Reason Foundation, a market-oriented think tank with a longstanding focus on transportation, issues a detailed study of each state’s highway system. The foundation ranks the states in multiple categories, including traffic fatalities, pavement condition, congestion, spending per mile, and so on. In one area, Massachusetts has an outstanding record: Its highway fatality rate is the lowest in America. But when it comes to cost-effectiveness — to the amount of money Massachusetts spends per mile, both on maintenance and administration — its record is atrocious.

In the most recent Reason report, Massachusetts ranked 48th out of 50 in total overall highway spending per mile, and 45th in capital and bridge spending per mile. (The lower the ranking, the higher the dollar amount). Whereas South Carolina spends just $13,255 on each mile of state roads, Massachusetts disbursements amount to $216,066 per mile. Granted, the cost of living in Massachusetts is higher than average. But it’s also higher than average in Virginia, where highway spending is nevertheless just $37,875 per mile, and in Maine, which manages to hold per-mile outlays to $41,847. Both states far surpass Massachusetts in their highway performance rankings. According to Reason’s analysis, Virginia has the nation’s second-best highway system; Maine ranks fourth.

In every area, Massachusetts’ spending is out of control. Take maintenance. North Dakota, one of the best-managed highway systems in the nation, spends $1,657 on maintenance disbursements per mile. Maine spends $12,109. Massachusetts? $25,033.

Equally disgraceful is the Commonwealth’s spending on administration. Four states — Kentucky, Nebraska, Arkansas, and Missouri — manage to hold their administrative costs to less than $1,000 per mile of state highway. Within New England, Maine, New Hampshire, and Vermont all keep their administrative costs below $10,000 per mile. But Massachusetts pours a mind-boggling $23,950 per mile into highway administration. And what does it achieve for all that spending? One of the worst-run highway systems in the nation.

Plainly, the cure for what ails Massachusetts transportation isn’t more revenue. It has plenty of that. What it needs more of is competent management.

In an interview, Baruch Feigenbaum, the lead author of the Reason Foundation’s annual report, suggests that at the root of Massachusetts’ consistently poor showing is a “very politically oriented” decision-making process. Construction and maintenance projects are selected not on the basis of neutral cost-benefit data, but on the basis of political clout. “Members of the transportation and other relevant committees,” he says, “seem to have quite a bit of say into which projects are actually selected.” Compounding the problem, in Feigenbaum’s judgment, is the “unusually large number of full-time staffers” on the payroll of the Massachusetts transportation bureaucracy. Neither of those will surprise anyone familiar with Massachusetts politics.

Another $600 million a year in tax revenue is the very last thing the Legislature should support. Alas, raising taxes is Beacon Hill’s default remedy for every ill. If DeLeo’s bill becomes law, two outcomes are certain: The people of Massachusetts will get to keep even less of their own money. And they will continue to drive on some of the most expensive, yet worst-maintained, roadways in America.


State House News Service
Thursday, March 5, 2020
Senate Leaders Sizing Up Transpo $$$, Policies
Rodrigues Sees Bill in "Next Couple of Months"
By Chris Lisinski

Transportation funding legislation may not emerge in the Senate until May, and will likely take a different approach than the roughly $600 million tax-and-fee package the House approved Wednesday night.

Senate Ways and Means Chairman Michael Rodrigues told two reporters that the upper chamber will take up its version of the bill "within the next couple of months," aiming for a release before the Senate begins its annual budget deliberations in May.

Rodrigues and Revenue Committee Co-chair Sen. Adam Hinds declined to offer specifics on the Senate legislation, although both stressed they agree the state needs to make more investments in transportation.

The Senate proposal, Rodrigues said, is also "probably going to be more policy-focused than tax- or revenue-focused."

"In the long run, I think more revenues are needed for transportation," Rodrigues said. "The debate is how much more revenue and how to get those revenues. We in the Senate are more focusing on the policy rather than just the dollars, and we will let the policies dictate the revenues rather than let the revenues dictate the policy."

House Transportation Committee Chairman William Straus said he was encouraged by the timeline laid out by Rodridgues, whose district overlaps with Straus's on the South Coast

"I'm delighted that the Senate is going to treat the topic with the same priority the House has, and, knowning the normal budget cycle, the fact that he's put it on that schedule is good news," Straus said, before adding, "I don't know how to interpret the more policy."

"As a civic statement, I can't dispute it. Revenue and policy both interact constantly and at the end of the day it's the result that counts, whichever one drives the other," Straus said.

Opponents of the House bill have complained that its tax and fee increases are on top of a planned $2 billion increase in taxes on high-income households, a measure that Democrats are advancing toward the 2022 ballot and which is designed to generate new revenue for education and transportation.

Senate President Karen Spilka has also called for a policy-centered approach to transportation legislation, naming lower public transit fares as a specific goal. The House on Wednesday rejected an amendment that would have funded free regional transit authority buses.

In January, Spilka said the Legislature needs to raise "short-term revenue to meet the urgent, urgent, immediate needs of the T, the commuter rail (and) to decrease congestion across the state."

Other policies that transportation activists have promoted include expansion of commuter rail to western Massachusetts, pricing tolls to help ease congestion, and deploying tolls up on toll-less roads.

Spilka, an Ashland Democrat, and other legislators from communities west of Boston have long complained it is unfair that the Massachusetts Turnpike they rely on is the only major highway in the state with tolls.

The House's legislation (H 4508) would raise large sums of money through gas tax increases, a tiered increase to the corporate minimum excise tax, higher ride-hailing service fees and application of the sales tax to rental car companies that purchase vehicles, but it does not outline many immediate spending requirements.

Representatives approved the bill 113-40 on Wednesday, with every Republican and eight Democrats voting against it. If that margin holds on a potential House-Senate compromise bill, it would be enough to clear the two-thirds threshold needed to override a gubernatorial veto.

Baker on Thursday reiterated his opposition to the bill's 5-cent gas tax increase and 9-cent diesel tax hike because of the effects on businesses on the state's borders and said he would strike down the language if it landed on his desk.

"We have a long way to go in this process," Baker said after an event in Quincy, according to an audio recording provided by his office. "I don't really like to speculate about that stuff, but I've said before that we don't support a gas tax (increase), and if one were to come through, we would veto it."

Rodrigues described the $522 million to $612 million projected revenue from the House bill as "a lot of money," but he did not say divulge a range for a Senate revenue proposal.

"I can't even tell you," Rodrigues said. "We are literally putting it together now, so I don't want to get ahead of myself."

Hinds — who is leading a separate Senate effort to examine broader changes to the state's tax code — said it was "a little too early" for him to offer a transportation revenue range the Senate is targeting.

"We've seen that there's a consensus that has emerged that we absolutely need to continue strong investments in transportation. I think that's certainly the starting point," Hinds said. "Several chairs will be meeting on the Senate side. We've got to bring together what the Senate proposal might look like, so I may not go there yet."

House leaders are not planning to outline spending immediately for all of the new revenue their bill would raise. Instead, the funding would support borrowing and could be used to bulk up fiscal 2021 budget items.

Divergences between the House's approach and a potential policy-heavy Senate bill could prompt a protracted negotiation process between the two branches, although House and Senate Democrats have generally described a crisis in transportation and are under pressure to find common ground quickly.

Asked if the different priorities would complement one another or stifle progress, Rodrigues said he is confident that success will come by the July 31 deadline to complete formal lawmaking business.

"Every conference, I've learned, is challenging, but we can do it," he said. "We can put it together. Investments in transportation, the way we provide public transportation, is very important to everyone on both sides of the building and both sides of the aisle, so it's something that will get done this session."

The House's vote Wednesday drew praise from transportation funding activists and from the Raise Up Coalition, which said the bill " puts Massachusetts on the road to both a better statewide transportation system, and a more equitable approach to transportation funding."

Massachusetts Fiscal Alliance spokesman Paul Craney criticized the gas tax increases in the bill as a threat to working class commuters.

"Speaker DeLeo's gas tax hike will come out of the earnings of the hard-working taxpayers who rely on their vehicle to get to work, run errands, and operate a business," Craney said in a statement. "Instead of looking at how to spend taxpayer's money more wisely, Speaker DeLeo added an additional cost onto the backs of the state’s already very generous taxpayers."

Matt Murphy contributed reporting

 

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