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CLT UPDATE
Sunday, August 9, 2020

Conference Committees Suspense Continues


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

As the summer heated up and infection rates went down, Massachusetts got footloose before it was COVID free. And now the state could be on the verge of paying for it.

Gov. Charlie Baker, in his most scolding tone yet, rolled back outdoor gathering size limits from 100 people to 50, and said he was giving state and local police the authority to enforce those limits on public and private property. Indoors limits will remain at 25....

The Legislature has employed a hybrid model of in-person and remote participation during the pandemic, but in what was supposed to be the first full week of a five-month recess there wasn't much of either going on.

Last week, the House and Senate made sure to give their negotiators every second available before the faux midnight deadline to strike a deal on police reform, transportation spending, telehealth or economic development. They did this knowing they had already extended the session, giving themselves ample more time.

Seven days later and the Legislature is in the same place it was last Friday night - waiting.

"We will let the conferees do their magic and hopefully get something done and pass it," Senate President Karen Spilka said at the start of the week. "If it's done next week, two weeks, that's when we will come back to do it."

Instead of shrinking, the number of conference committees actually grew with a fifth piece of legislation dealing with climate change moving into talks between the branches.

Sen. Michael Barrett and Rep. Thomas Golden, the co-chair of the Committee on Telecommunications, Utilities and Energy, are leading those talks, with support from Senate Majority Leader Cynthia Creem, Speaker Pro Tempore Patricia Haddad, House Minority Leader Brad Jones and Sen. Patrick O'Connor....

Baker finally put his signature on a three-month, $16.5 billion interim budget that leaders say will carry state government through October, but the governor rejected an Oct. 31 sunset on the authorization, and said the Legislature's attempts to impose minimum spending thresholds stepped on his toes at a time when he needed flexibility to manage through a pandemic and fiscal crisis.

The bill sought to restrict Baker from spending less on any line item than either the fiscal 2020 budget or what the governor proposed in January in his House 2 budget.

Leaders, however, have been silent since Baker sent that proposal back with an amendment in which he pledged to report to them if he finds ways to accomplish the same goals while spending less.

State House News Service
Friday, August 7, 2020
Weekly Roundup - A Fork In the Road
By Matt Murphy


The calendar in an election year said August, but for the first time in 25 years legislators did not know if or when they might be called back to Beacon Hill to vote on highly sensitive and important bills dealing with everything from police reform and climate change to how to spend billions of tax dollars on transportation in the coming years.

Those with re-election challenges returned to the trail knowing that the record voters will judge them on later this summer and fall is not complete, and those negotiating legislation on behalf of their House and Senate colleagues no longer have a looming deadline, giving them more flexibility, but also less of an incentive to compromise quickly.

Essentially, what the next five months will look like is anybody's guess....

The House and Senate jointly agreed last week to extend formal sessions through the remainder of the year, plunging Beacon Hill into something of a blackout period, with no more public hearings on the schedule and conference committee negotiations playing out behind closed doors where the potential for leadership to cut deals or bring new issues to the table for votes remains unchecked.

The audible by Democratic leadership into a more open-ended work schedule may have given some advocates new hope that the clock hadn't run out on their issue after all, but Spilka was clear early Saturday morning that her chamber's agenda won't necessarily grow to fill the extra time lawmakers have afforded themselves.

The issues Spilka said she's most interested in moving forward are all the ones you would expect: the overdue fiscal 2021 budget, responding to the fluid situation around the COVID-19 pandemic, and getting bills in (or soon to be in) conference committees -- policing reform, health care, economic development and housing, transportation spending and climate policy -- to the governor's desk.

That means other issues with strong support, like legalizing driver's licenses for immigrants without proper documentation or expanding abortion rights, might not get the attention some are hoping they will during this extended period of formal sessions.

There's also the questions of how the House will approach these extended sessions, which carry with them the possibility of the same type of lame-duck session in November that prompted the Legislature in 1995 to enact the rule they followed until this year to wrap up formal lawmaking on July 31.

State House News Service
Monday, August 3, 2020
Beacon Hill Awaits “Magic” From Conference Committees
Big Bills Under Negotiation During Campaign Season


The lawmakers named to hammer out a compromise climate policy bill for the House and Senate will likely have their hands full. Both chambers passed legislation to put Massachusetts on a path towards net-zero carbon emissions by 2050, but negotiators will have a wide array of other issues to reconcile as advocates and business groups lobby for their priorities.

The Senate overwhelmingly passed a package of climate bills in January that called for net-zero carbon emissions by 2050, and set deadlines for the state to impose carbon-pricing mechanisms for transportation, commercial buildings and homes. The House, which had earlier passed a $1.3 billion climate adaptation bill, on Friday night passed its response to the main Senate proposal, addressing the 2050 emissions reduction roadmap, solar energy net metering, grid modernization, workforce development, energy efficiency, and municipal electric and light plant clean energy targets.

Now, it will be up to six lawmakers-to-be-named-later to work through the differences between the House and Senate bills and to come up with a compromise version that can pass both chambers.

State House News Service
Tuesday, August 4, 2020
Conferees to Outline Path to Snuff Out Carbon Emissions
Lawmakers Need 30-Year Plan to Hit 2050 Goal


Last week, the state House of Representatives approved a sweeping climate change bill that puts Massachusetts on a path toward net-zero carbon emissions by 2050 and sets targets for solar energy expansion, power grid modernization and energy efficiency.

The Senate approved an even more aggressive bill in January, before the coronavirus outbreak, also calling for net-zero carbon emissions by 2050 and deadlines for the state to impose carbon-pricing plans for the transportation sector, commercial buildings and homes.

Differences between the bills must still be worked out by a six-member conference committee, and advocates on both sides are gearing up for a behind-the-scenes fight.

Critics of the plans say they will raise energy prices and create other costs for businesses and consumers by limiting the kinds of appliances they can buy.

"Businesses are struggling to keep their doors open at this point," said Chris Carlozzi, state director for the National Federation of Independent Businesses. "Tacking on any additional costs would be very problematic."

He said environmental and energy policies that drive up costs will hold back the economy....

Gov. Charlie Baker and legislative leaders agreed to push for a "net-zero" carbon economy by 2050, where emissions from gas-guzzling cars and home heating oil are substantially replaced by electric vehicles and by energy from wind, solar and other renewable sources.

To help accomplish that, the House and Senate proposals would authorize a carbon-pricing system, such as the regional Transportation and Climate Initiative the Baker administration has championed.

Baker has scoffed at the idea of increasing taxes amid the pandemic, but he still supports the regional initiative that would be funded, in part, by increasing gas taxes.

The conservative Massachusetts Fiscal Alliance said plans being negotiated by lawmakers would be a "back door" to climate tax proposals that will drive up costs.

"The sheer amount of new and higher taxes, along with the increased layers of regulations, will position Massachusetts as the most expensive and highly taxed state in the country," said MassFiscal spokesman Paul Craney.

The Salem News
Friday, August 7, 2020
Critics warn of cost of climate change bills


The House and Senate on Thursday established a fifth major conference committee to develop consensus legislation addressing carbon emissions and renewable energy and positioning the state to better adapt to climate change.

The new conference panel will be chaired by Telecommunications, Utilities and Energy Committee Co-chairs Rep. Thomas Golden of Lowell and Sen. Michael Barrett of Lexington. They will be joined by Sens. Cindy Creem and Patrick O'Connor, and Reps. Patricia Haddad and Brad Jones.

The Legislature failed this year to complete work ahead of a July 31 deadline on four other priority bills addressing health care, economic development and housing, transportation spending, and policing accountability.

But instead of letting those bills die, as lawmakers do every two years with major proposals that don't clear the branches by July 31, the House and Senate last week voted to extend formal sessions for the rest of 2020....

The unusual situation, which comes amid an intensifying election year, means Democratic legislative leaders expect to call lawmakers back into formal sessions to consider conference committee compromises if and when agreements emerge from the six-member panels. The panels operate in complete secrecy, with members often unwilling to even outline differences in their bills, much less the status of negotiations or hangups.

Joint legislative rules require all conference committee meetings to be open to the public unless members vote to close meetings. In recent years, with few exceptions, legislators have quickly closed their meetings....

The conference panels hold tremendous power in part because of a rule that states their reports, if agreed to by a majority of House and Senate conference members, "may be either accepted or rejected, but no other action shall be had, except through a new committee of conference." In practice, Joint Rule 11 means the House and Senate face a single up-or-down vote on conference reports, which are routinely adopted.

State House News Service
Thursday, August 6, 2020
SHNS Conference Committee Scorecard
Five Major Panels Under Pressure to Produce Big Agreements


As the coronavirus hammers the economy, Beacon Hill leaders are trying to keep the state government afloat with a series of interim budgets pending a possible federal bailout.

The latest is a three-month, $16.5 billion spending package awaiting approval by Gov. Charlie Baker that maintains funding for the state through Oct. 31.

Baker has signed two other short-term spending bills since late June, when lawmakers missed the deadline to approve a fiscal year 2021 state budget.

Beacon Hill fiscal watchers say the state has little choice but to enact interim budgets.

"There's so much up in the air right now," said Eileen McAnneny, president of the Massachusetts Taxpayers Foundation. "This will provide some stability for the state and local governments while they wait for details of a federal aid package."

The state is also waiting to see how much it collects in income taxes following the July 15 filing deadline, which was extended by 90 days....

House and Senate leaders have agreed to continue work on the budget and other major bills past a July 31 deadline to recess from formal sessions.

Without federal relief, observers say the state faces a gaping revenue shortfall that could prompt deep spending cuts and tax increases.

The Taxpayers Foundation predicts Massachusetts will see a $6 billion drop in tax revenues in the current fiscal year, which could sink further depending on how long people are out of work or if a second wave of infections prompts the state to rollback its reopening plans.

The Salem News
Tuesday, August 4, 2020
Short-term budgets keep state afloat


Gov. Charlie Baker signed a $16.53 billion interim budget on Tuesday that will keep state government operating through at least the end of October, but he rejected a firm deadline of Oct. 31 for the funding to expire and said the Legislature's attempt to impose minimum spending requirements would "unduly" limit his authority to manage state spending over the next three months.

The governor's signature on the bulk of the spending bill ensures that the Legislature will not have to return until at least the fall to either debate and pass a fiscal 2021 spending bill, or approve another extension that would push decisions on new taxes, spending cuts or the use of reserves until after the elections....

The governor in July filed a second one-month budget to cover payroll, local aid and other government services through August, but instead of going month-to-month the House and Senate last week passed a spending bill with enough money to cover three months of spending.

State House News Service
Tuesday, August 4, 2020
Baker Rejects Spending Orders, Signs Interim Budget
Three-Month Bill Covers Spending 'til Election Time


Massachusetts recorded $4.456 billion in tax collections in July, with just more than half of that money being counted towards the budget year that ended June 30 about $3 billion short of expectations.

The Department of Revenue said approximately $2.293 billion or roughly 51 percent of July's collections came from income tax payments and refunds originally due in fiscal year 2020 but received in the first month of fiscal year 2021 because the Legislature and governor extended filing deadlines due to the pandemic.

About $2.163 billion in July revenue will be counted towards fiscal 2021, including an estimated $50 million in corporate and business taxes that were deferred from the spring when state waived penalties for late filing and payment, DOR said. Once the numbers are adjusted for tax deferrals, tax collections last month were about $88 million or 4.3 percent higher than the equivalent tax collections in July 2019, DOR said.

"July total collections were also boosted by corporate and business tax payments attributable to returns due in April, which will be recorded as FY21 revenue, following the waiver of late filing and payment penalties in connection with such returns," Revenue Commissioner Geoffrey Snyder said. "Sales and use tax revenue also increased as compared to the same period in 2019, despite the deferral of certain regular sales, meals, and room tax payments from FY2020 to FY2021, which are due in September."

In late July, revenue officials said incomplete revenue collections for the fiscal year that ended June 30 totaled $27.276 billion, which was $3.014 billion or 9.9 percent below what budget managers were expecting when they crafted the $43.3 billion state budget in early 2019. The $2.293 billion of fiscal year 2020 revenue that DOR collected in July will help plug some of that gap.

The state also has $3.5 billion stashed away in its rainy day fund that could be used to address budget shortfalls in fiscal year 2020 and beyond.

State House News Service
Thursday, August 6, 2020
July Tax Haul Plugs Some of Fiscal 2020 Deficit
Adjusted Numbers Show 4.3 Percent Growth from July 2019


Gov. Charlie Baker on Friday issued a slew of new enforcement measures — including the creation of a “COVID Enforcement and Intervention Team.”

The multi-agency squad is expected to help increase enforcement of public health rules statewide and coordinate local interventions in communities labeled as “higher-risk” due to their numbers of new cases and percentages of positive tests.

The Executive Office and Public Safety and Security and the Massachusetts Emergency Management Agency will coordinate the effort....

The team will also augment the ABCC’s existing ability to levy fines, and suspend or revoke liquor licenses of establishments that don’t comply with safety measures.

The Boston Herald
Friday, August 7, 2020
Massachusetts now has a ‘COVID Enforcement and Intervention Team’


Gov. Charlie Baker is indefinitely postponing the second step of Phase 3 of his coronavirus reopening plan, limiting the size of outdoor gatherings and stepping up police enforcement of public health orders as the state works to regain control over the deadly virus.

“The notable decline in COVID in Massachusetts, especially in comparison to many other states, has caused some residents to feel a bit too relaxed about the seriousness of this virus,” Baker said in a press conference Friday, adding that the state is entering a “new phase in our battle against COVID-19.”

Delaying step two of Phase 3 pushes off indoor shows at performance venues and further postpones activities like laser tag and roller skating.

Outdoor gathering sizes will be rolled back to 50 people from 100, while indoor gathering sizes remain capped at 25 people. Face coverings are required when more than 10 people from different households will be in the same place. The rules apply on both public and private property.

Restaurant guidelines are also being updated to make it clear that alcoholic beverages can only be served with food prepared on-site — not bags of chips — and that “bars masquerading as restaurants also need to be closed,” Baker said.

State and local police will now be enforcing public health orders alongside local inspectors and boards of health.

“Event hosts who violate the orders will be subject to fines” of up to $500 per violation, according to Baker’s new rules that go into effect Tuesday.

Baker also said he expects there to be a “far more coordinated and significant presence between our colleagues in law enforcement” and the Alcoholic Beverages Control Commission, “which has the authority to take licenses away from people and issue much bigger fines.”

The Boston Herald
Friday, August 7, 2020
Charlie Baker indefinitely postpones second step of Phase 3 in Massachusetts,
ramps up coronavirus enforcement as cases climb


Gov. Charlie Baker, New York Mayor Bill de Blasio and all the rest of these hack Northeastern governors and mayors closing down their borders don’t seem to grasp their real problem going forward.

Comrades, it’s not people trying to sneak into your economically devastated, fun-phobic police states that you have to worry about.

Your dilemma going forward will be trying to prevent your oppressed, unemployed subjects from fleeing in ever-greater numbers from the ruination your crackpot policies have visited upon them.

Let me put it another way: did the Communists build the Berlin Wall to keep people from coming into East Germany, or escaping from it?

Is the population of Venezuela going up, or down?

When Charlie Parker finally sets up his first Checkpoint Charlie at Logan Airport, the only business will be at the gates for the outgoing flights....

Right now, Bill de Blasio has put forth the nuttiest plan. Like, who do you know who was planning to visit New York City anyway? You don’t have to go to the Big Apple to get shot — you can get murdered in any blue city in America, and you don’t have to wait out a 14-day quarantine.

De Blasio, of course, went to high school in Cambridge, just as Charlie Parker and New Jersey Gov. Phil Murphy went to high school in Needham. Why are the worst people in politics so often from Massachusetts?

These de Blasio orders are so catastrophic that even that monumental dunce, New York Gov. Andrew Cuomo, has figured out that the “Empire State” is circling the drain. He’s publicly begging rich people not to flee. He’ll buy ’em a drink, he’ll cook dinner for ’em.

The Boston Herald
Friday, August 7, 2020
Region’s governors, mayors have gone over the edge
By Howie Carr


American employers added nearly 1.8 million jobs in July while the unemployment rate declined to 10.2 percent, restoring another chunk of the jobs lost during the pandemic but at a slower pace than in recent months.

The 1.76 million positions added are more than three times the gains as any pre-pandemic month since 2000, but the boost also lags behind the 2.7 million jobs added in May and the 4.8 million added in June, according to federal data published Friday.

Altogether, the three continuous months of rising employment have clawed back less than half of the historic 21.3 million jobs cut in April, when many businesses were ordered to close physical operations to slow the spread of COVID-19....

Officials will publish July employment numbers and unemployment rates for all 50 states on Aug. 21. In June, Massachusetts had the highest unemployment rate in the nation at 17.4 percent, even though the state's businesses added a record 83,700 jobs.

State House News Service
Friday, August 7, 2020
National Job Growth Continues, But at Slower Pace
U.S. Unemployment Rate Dropped to 10.2 Percent in July


If Massachusetts were a diner, it’s motto would be “Home of the World’s Most Expensive ‘Free Lunch.’”

Massachusetts liberals love giving money away and leaving Massachusetts taxpayers holding the tab. But thanks to the COVID-19 crisis, they’ve found a way to game the system and leave the free-lunch check on someone else’s table:

New Hampshire.

Turns out that since March, Charlie Baker and Co. have been collecting their 5% “commuter tax” from New Hampshire workers who haven’t crossed the state line in months. Baker ordered Granite Staters to stay home, then announced the state’s going to tax them as though they are working here, anyway.

Imagine opening your mail and finding a meals-tax bill from Boston based on how often you used to eat out before Mayor Marty shut down your favorite restaurant, and you’ve got the picture.

According to the Department of Revenue’s edict, and I quote:

“For the duration of the Massachusetts COVID-19 state of emergency, all compensation received for personal services performed by a non-resident who, immediately prior to the state of emergency, was an employee engaged in performing such services in Massachusetts … will continue to be treated as Massachusetts source income subject to personal income tax.” ...

This isn’t the first time Massachusetts has messed with New Hampshire. Remember when Gov. Deval Patrick tried to pursue taxes on out-of-state purchases by Massachusetts residents in the Town Fair Tire case? (The Massachusetts courts shot him down.)

And I love the stories of Gov. Meldrim Thomson threatening to sic New Hampshire staties on Massachusetts revenuers spying on Bay Staters crossing the border for cheaper booze back in the ’70s.

Not surprisingly, New Hampshire doesn’t like it any more this time around. Republican Gov. Chris Sununu announced his Department of Justice is going to review the MA DOR’s actions to see if they’re “engaging in improper taxation of our citizens.” ...

Massachusetts doesn’t have to. Even the liberal city of Philadelphia, with the highest wage tax in the country (about 3.5% for commuters), is letting suburbanites forced to work from home request a rebate for their time locked out of the city.

Not Massachusetts. Instead, Charlie Baker embraces the Big-Lie approach: Working from home in Nashua? That counts as Massachusetts, so pay up. Who you gonna believe — me, or your lyin’ GPS?

What makes this move by money-grubbing Massachusetts liberals so perfect is that everybody knows they’re lying. That these workers aren’t actually commuters, that they don’t owe the money Massachusetts is taking from them.

Right now there’s some low-wage single mom in Salem, N.H., trying to do her job on the family laptop she’s forced to share with her “remote-learning” kids, and the Baker administration is re-inventing reality just to shake her down for Happy Meal money.

All in the name of progressive liberalism, of course.

You can’t make this stuff up, folks. Well, except in Massachusetts, where they make stuff up all the time.

The Boston Herald
Thursday, August 6, 2020
Bay State border-jumping tax grab way out of bounds
By Michael Graham


Before the coronavirus kept us all housebound, thousands of New Hampshire commuters streamed south each morning to work at Massachusetts businesses — and paid the income tax to prove it.

But now a border war is brewing over that lucrative prize.

Since the COVID-19 pandemic started, Governor Charlie Baker’s administration has made it clear it will continue to tax out-of-state residents who normally go to work in Massachusetts each morning, even if they’re stuck at home.

That didn’t cause much of a stir back in the spring, when it seemed like the coronavirus would be gone by Labor Day. But it is causing a stir now.

Baker’s Department of Revenue said on July 21 that it wants to keep collecting these income taxes, probably until the end of the year. Before COVID hit, New Hampshire residents who worked for a Massachusetts employer could adjust their income tax liability downward to reflect any days they spent working from home (and perhaps avoid the state tax entirely). The Baker administration’s approach essentially treats these new at-home days as in-office days, if people are home specifically because of the pandemic.

That isn’t sitting well with politicians in New Hampshire. They argue these constituents should benefit from their state’s longstanding tradition of not imposing a broad-based income tax, now that they are not schlepping into Massachusetts every weekday.

Governor Chris Sununu this week directed the New Hampshire attorney general to review the taxation rules issued by neighboring states to ensure New Hampshire residents aren’t being improperly taxed, and to determine the legality of these border-state rules. The Republican governor’s brief statement on the matter didn’t mention Massachusetts by name. But it didn’t need to: An estimated 84,000 New Hampshire residents regularly commuted to Massachusetts in normal times, roughly four times the total of commuters to all other states.

Sununu’s action followed a story last weekend in the Union Leader, the state’s largest newspaper, about the Baker administration’s approach to collecting income taxes from New Hampshire residents.

Meanwhile, the two top Democrats on the New Hampshire Senate’s ways and means and finance committees fired off a brief letter to Geoffrey Snyder, Baker’s revenue commissioner, on Wednesday. The letter slammed the Baker administration’s plans to collect income taxes from New Hampshire residents who are working remotely because of the pandemic through the end of the year, or 90 days after Baker ends the state of emergency, whichever comes first. Snyder’s agency plans to hold a virtual public hearing to discuss the issue on Aug. 27.

In an interview, Senator Dan Feltes said he and Senator Lou D’Allesandro wrote to Snyder because of the upcoming hearing, and because the Baker administration’s approach to taxing telecommuters is getting more serious now.

“The notion that New Hampshire residents who are, in many cases, doing the safe thing [and staying home] and are getting penalized for doing that, is anti-worker and anti-public health,” said Feltes, who is hoping to challenge Sununu in the fall for the governor’s seat. “It seems like a prelude to a long-term rule that hurts New Hampshire workers.”

A spokeswoman for Baker’s Department of Revenue didn’t have much to say about the criticism, other than to note that the agency’s approach is intended to minimize disruption for employers and employees during the pandemic.

The Boston Globe
Friday, August 7, 2020
Massachusetts wants to keep taxing telecommuters from N.H., stirring up a new kind of border war
Mass. Department of Revenue faces criticism for collecting income tax on out-of-state workers stuck at home.
But it's a broader issue for remote work.


Chip Ford's CLT Commentary

What's wrong with the Legislature's massive must-pass bills?  They have such specific titles, but it's what's hidden within them, stealthily buried among multitudes of pages, that jumps out upon close scrutiny.

How did a sneak attack on Proposition 2½ get secreted into the Senate Transportation Bond bill (S-2813, Section 5)?

How did a stealth gas tax get inserted into the House Climate Change mitigation bill (H-4912, Section 4)?  This gives the Governor (at this time that would be Charlie Baker, lead advocate of the Transportation Climate Initiative — (TCI) — and its gas and diesel fuel tax hikes) unilateral power through his secretary to impose those taxes.  According to the referenced Mass. General Laws Chapter 21N in the bill, under "Definitions" it states:  ''Secretary'', the secretary of energy and environmental affairs.  Today that would be Baker appointee Secretary Kathleen Theoharides.  This new power will pass on to the next governor, and the next governor's secretary.

Both are now in joint House-Senate conference committees where whether the proposals remain or not will be determined.

Conference committees are the most secretive, unaccountable and undemocratic processes in state government. (And that's saying a lot!)

The State House News Service report on Thursday ("SHNS Conference Committee Scorecard") noted:

. . . The unusual situation, which comes amid an intensifying election year, means Democratic legislative leaders expect to call lawmakers back into formal sessions to consider conference committee compromises if and when agreements emerge from the six-member panels.  The panels operate in complete secrecy, with members often unwilling to even outline differences in their bills, much less the status of negotiations or hangups.

Joint legislative rules require all conference committee meetings to be open to the public unless members vote to close meetings.  In recent years, with few exceptions, legislators have quickly closed their meetings.

Rules also state that "matters on which there exists no disagreement between the branches shall not be disturbed by the committee on conference," and further require that "no report from a committee of conference shall be considered or acted upon by either branch until the calendar day following the day on which said report shall have been available to the public and to the members of the General Court."

The rules require that conferences file their reports no later than 8 p.m. on the day preceding its consideration and that the Legislature not consider reports before 1 p.m. on the following day, a rule that has often been suspended.

The conference panels hold tremendous power in part because of a rule that states their reports, if agreed to by a majority of House and Senate conference members, "may be either accepted or rejected, but no other action shall be had, except through a new committee of conference."  In practice, Joint Rule 11 means the House and Senate face a single up-or-down vote on conference reports, which are routinely adopted.

What a conference committee serves up is literally assured to be quickly rubber-stamped, immediately passed by the House and Senate then will become law — within a day or two of its release.

There are only six Transportation Bond Bill conference committee members, and now only they can prevent the stealth assault on Proposition 2½.  They and they alone hold its fate in their hands:

You might want to contact each of them and plead for consideration, and mercy.


What's with these "30-year plans"?

The Climate Change mitigation plan is supposed to reach zero-emissions within 30 years.

The new Proposition 2½ end-run — "Local and Regional Transportation Initiatives" — would allow municipalities to raise the property, auto excise, sales, or room occupancy tax to fund "transportation-related" projects on a single vote by residents to bypass Prop 2½ for up to 30 years.  (In three decades how many will remember that their property tax used to pay for the town highway department?)


Despite the Wuhan Chinese Pandemic, Gov. Baker's 5-month lockdown, and the highest unemployment of any state in the nation, though $3 Billion short of "expectation" somehow Massachusetts revenue is still coming in over and beyond what came in by this time last year (July 2019), according to the state Department of Revenue.  On Thursday the State House News Service reported ("July Tax Haul Plugs Some of Fiscal 2020 Deficit; Adjusted Numbers Show 4.3 Percent Growth from July 2019"):

Massachusetts recorded $4.456 billion in tax collections in July, with just more than half of that money being counted towards the budget year that ended June 30 about $3 billion short of expectations. . . .  Once the numbers are adjusted for tax deferrals, tax collections last month were about $88 million or 4.3 percent higher than the equivalent tax collections in July 2019, [Department of Revenue] said.


State House reporter Christian Wade of The Salem News reported on Friday ("Critics warn of cost of climate change bills"):

Last week, the state House of Representatives approved a sweeping climate change bill that puts Massachusetts on a path toward net-zero carbon emissions by 2050 and sets targets for solar energy expansion, power grid modernization and energy efficiency.

The Senate approved an even more aggressive bill in January, before the coronavirus outbreak, also calling for net-zero carbon emissions by 2050 and deadlines for the state to impose carbon-pricing plans for the transportation sector, commercial buildings and homes.

Differences between the bills must still be worked out by a six-member conference committee, and advocates on both sides are gearing up for a behind-the-scenes fight.

Critics of the plans say they will raise energy prices and create other costs for businesses and consumers by limiting the kinds of appliances they can buy.

"Businesses are struggling to keep their doors open at this point," said Chris Carlozzi, state director for the National Federation of Independent Businesses.  "Tacking on any additional costs would be very problematic."

He said environmental and energy policies that drive up costs will hold back the economy....

Baker has scoffed at the idea of increasing taxes amid the pandemic, but he still supports the regional initiative that would be funded, in part, by increasing gas taxes.

The conservative Massachusetts Fiscal Alliance said plans being negotiated by lawmakers would be a "back door" to climate tax proposals that will drive up costs.

"The sheer amount of new and higher taxes, along with the increased layers of regulations, will position Massachusetts as the most expensive and highly taxed state in the country," said MassFiscal spokesman Paul Craney.

Here are the six members of the Climate Change Conference Committee who are deciding your fate and future:


The imperious Gov. Charlie Baker has issued a new royal edict and is sending forth swarms of his agents to enforce it.  The Boston Herald reported on Friday ("Charlie Baker indefinitely postpones second step of Phase 3 in Massachusetts, ramps up coronavirus enforcement as cases climb"):

Gov. Charlie Baker is indefinitely postponing the second step of Phase 3 of his coronavirus reopening plan, limiting the size of outdoor gatherings and stepping up police enforcement of public health orders as the state works to regain control over the deadly virus. . . .

State and local police will now be enforcing public health orders alongside local inspectors and boards of health.

“Event hosts who violate the orders will be subject to fines” of up to $500 per violation, according to Baker’s new rules that go into effect Tuesday.

Baker also said he expects there to be a “far more coordinated and significant presence between our colleagues in law enforcement” and the Alcoholic Beverages Control Commission, “which has the authority to take licenses away from people and issue much bigger fines.”

The State House News Service reported on Friday ("National Job Growth Continues, But at Slower Pace - U.S. Unemployment Rate Dropped to 10.2 Percent in July"):

Officials will publish July employment numbers and unemployment rates for all 50 states on Aug. 21. In June, Massachusetts had the highest unemployment rate in the nation at 17.4 percent, even though the state's businesses added a record 83,700 jobs.

It's unfortunate His Royal Majesty the Governor cannot connect dots.


But while Baker and his minions can't squeeze blood out of his subjects in Massachusetts that isn't slowing him from squeezing it from others or at least trying to.  The Boston Globe reported on Friday ("Massachusetts wants to keep taxing telecommuters from N.H., stirring up a new kind of border war"):

Before the coronavirus kept us all housebound, thousands of New Hampshire commuters streamed south each morning to work at Massachusetts businesses — and paid the income tax to prove it.

But now a border war is brewing over that lucrative prize.

Since the COVID-19 pandemic started, Governor Charlie Baker’s administration has made it clear it will continue to tax out-of-state residents who normally go to work in Massachusetts each morning, even if they’re stuck at home.

That didn’t cause much of a stir back in the spring, when it seemed like the coronavirus would be gone by Labor Day.  But it is causing a stir now.

Baker’s Department of Revenue said on July 21 that it wants to keep collecting these income taxes, probably until the end of the year.  Before COVID hit, New Hampshire residents who worked for a Massachusetts employer could adjust their income tax liability downward to reflect any days they spent working from home (and perhaps avoid the state tax entirely).  The Baker administration’s approach essentially treats these new at-home days as in-office days, if people are home specifically because of the pandemic.

That isn’t sitting well with politicians in New Hampshire.  They argue these constituents should benefit from their state’s longstanding tradition of not imposing a broad-based income tax, now that they are not schlepping into Massachusetts every weekday.

Governor Chris Sununu this week directed the New Hampshire attorney general to review the taxation rules issued by neighboring states to ensure New Hampshire residents aren’t being improperly taxed, and to determine the legality of these border-state rules.  The Republican governor’s brief statement on the matter didn’t mention Massachusetts by name.  But it didn’t need to:  An estimated 84,000 New Hampshire residents regularly commuted to Massachusetts in normal times, roughly four times the total of commuters to all other states. . . .

A spokeswoman for Baker’s Department of Revenue didn’t have much to say about the criticism, other than to note that the agency’s approach is intended to minimize disruption for employers and employees during the pandemic.

In his Thursday column for The Boston Herald Michael Graham summed up this cynical money grab perfectly: ("Bay State border-jumping tax grab way out of bounds"):

If Massachusetts were a diner, it’s motto would be “Home of the World’s Most Expensive ‘Free Lunch.’”

Massachusetts liberals love giving money away and leaving Massachusetts taxpayers holding the tab.  But thanks to the COVID-19 crisis, they’ve found a way to game the system and leave the free-lunch check on someone else’s table:

New Hampshire.

Turns out that since March, Charlie Baker and Co. have been collecting their 5% “commuter tax” from New Hampshire workers who haven’t crossed the state line in months.   Baker ordered Granite Staters to stay home, then announced the state’s going to tax them as though they are working here, anyway.

Imagine opening your mail and finding a meals-tax bill from Boston based on how often you used to eat out before Mayor Marty shut down your favorite restaurant, and you’ve got the picture. . . .

Even the liberal city of Philadelphia, with the highest wage tax in the country (about 3.5% for commuters), is letting suburbanites forced to work from home request a rebate for their time locked out of the city.

Not Massachusetts.  Instead, Charlie Baker embraces the Big-Lie approach:  Working from home in Nashua?  That counts as Massachusetts, so pay up.  Who you gonna believe — me, or your lyin’ GPS?

What makes this move by money-grubbing Massachusetts liberals so perfect is that everybody knows they’re lying.  That these workers aren’t actually commuters, that they don’t owe the money Massachusetts is taking from them.

Right now there’s some low-wage single mom in Salem, N.H., trying to do her job on the family laptop she’s forced to share with her “remote-learning” kids, and the Baker administration is re-inventing reality just to shake her down for Happy Meal money.

All in the name of progressive liberalism, of course.

You can’t make this stuff up, folks.  Well, except in Massachusetts, where they make stuff up all the time.

Boston Herald columnist and WRKO radio talk show host Howie Carr pointed out one of the reasons why power-crazed liberal blue states need to grub for all the cash they can confiscate in his Friday column ("Region’s governors, mayors have gone over the edge"):

Gov. Charlie Baker, New York Mayor Bill de Blasio and all the rest of these hack Northeastern governors and mayors closing down their borders don’t seem to grasp their real problem going forward.

Comrades, it’s not people trying to sneak into your economically devastated, fun-phobic police states that you have to worry about.

Your dilemma going forward will be trying to prevent your oppressed, unemployed subjects from fleeing in ever-greater numbers from the ruination your crackpot policies have visited upon them.

Let me put it another way:  did the Communists build the Berlin Wall to keep people from coming into East Germany, or escaping from it?

Is the population of Venezuela going up, or down?

When Charlie Parker finally sets up his first Checkpoint Charlie at Logan Airport, the only business will be at the gates for the outgoing flights....

Right now, Bill de Blasio has put forth the nuttiest plan.  Like, who do you know who was planning to visit New York City anyway?  You don’t have to go to the Big Apple to get shot — you can get murdered in any blue city in America, and you don’t have to wait out a 14-day quarantine.

De Blasio, of course, went to high school in Cambridge, just as Charlie Parker and New Jersey Gov. Phil Murphy went to high school in Needham.  Why are the worst people in politics so often from Massachusetts?

These de Blasio orders are so catastrophic that even that monumental dunce, New York Gov. Andrew Cuomo, has figured out that the “Empire State” is circling the drain.  He’s publicly begging rich people not to flee.  He’ll buy ’em a drink, he’ll cook dinner for ’em.

New York Gov. Andrew Cuomo has gotten so desperate he's pleading with wealthy New York City taxpayers who've fled to come back.  The Daily Caller reported on Wednesday ("‘I’ll Buy You A Drink’: Gov. Andrew Cuomo Begs Rich New Yorkers To Return Amid Budget Shortfall"):

Democratic New York Gov. Andrew Cuomo said he was pleading for wealthy New York City residents to return to the city after an exodus following the coronavirus pandemic during a press conference Monday.

“I literally talk to people all day long who are now in their Hamptons house who also lived here, or in their Hudson Valley house, or in their Connecticut weekend house, and I say, ‘You got to come back!'” Cuomo told reporters.  “‘We’ll go to dinner!  I’ll buy you a drink!  Come over, I’ll cook!'”

Democratic New York Gov. Andrew Cuomo said he was pleading for wealthy New York City residents to return to the city after an exodus following the coronavirus pandemic during a press conference Monday.

At least 420,000 of New York City’s wealthiest residents are believed to have left as the city emerged as the epicenter of the coronavirus pandemic in the United States, The Daily Mail reported.  The city has reported 223,000 cases and nearly 19,000 confirmed deaths, according to local data.

Nationwide protests and riots over the death of George Floyd also correlated with a significant increase in violent crime.  The New York Police Department reported a 130% increase in shootings, 118% increase in robberies and 30% increase in murders during the month of June.

State Comptroller Tom DiNapoli said state tax receipts in June fell by $1.5 billion, or 17.3%, compared to last year in a financial report published in July.  Consumption tax revenues dropped $1.1 billion and business tax revenues declined by $700 million compared to last year, the New York Post reported. . . .

“They’re not coming back right now.  And you know what else they’re thinking?  ‘If I stay there, I’ll pay a lower income tax,’ because they don’t pay the New York City surcharge,” he told reporters.

Free people can still vote with their feet, for now, as Democrat Gov. Cuomo has come to realize.  I did.  How long will it take before RINO Baker wakes up to the reality?

Chip Ford
Executive Director


Full News Reports Follow
(excerpted above)

State House News Service
Friday, August 7, 2020
Weekly Roundup - A Fork In the Road
Recap and analysis of the week in state government
By Matt Murphy


As the summer heated up and infection rates went down, Massachusetts got footloose before it was COVID free. And now the state could be on the verge of paying for it.

Gov. Charlie Baker, in his most scolding tone yet, rolled back outdoor gathering size limits from 100 people to 50, and said he was giving state and local police the authority to enforce those limits on public and private property. Indoors limits will remain at 25.

"Hugs, handshakes, high-fives, dancing, who knows?" Baker said about what's been going on at these backyard parties and events that the governor blames for an uptick in COVID-19 cases and a rise in the state's positive test rate to 2.1 percent.

The virus might not be out of the barn yet, but it's getting close to the door. And Baker said people have no one to blame but themselves for getting lax about the distancing and mask-wearing precautions they took seriously for months in order to be able to leave their homes this summer.

"The biggest issue we have is people who are familiar with people being familiar with them, in big groups," Baker said.

That's not the only problem though. The governor said he's not ready, as some have suggested he should be, to step back a phase in the reopening schedule. But he said bars "masquerading" as restaurants by selling potato chips and pretzels in order to open need to stop what they're doing.

The state getting serious about enforcement is all so Massachusetts can avoid a repeat of this spring and becoming the next kid in the New England neighborhood to not get invited to the pool party. That distinction went this week to Rhode Island, where Gov. Gina Raimondo is battling her state's own resurgence because of too much partying.

The Ocean State found itself added to the quarantine lists of not just Massachusetts, but also states like New York and New Jersey who want Rhode Islanders to quarantine if they leave their waterfront enclave.

This precursor to a fall resurgence couldn't come at a worse time as schools are finalizing their plans to bring students back to classrooms and campuses around the state, or not. Business confidence also slipped in July, according to Associated Industries of Massachusetts, and enhanced unemployment benefits from the federal government have expired, eliminating a safety net as the recovery appears to be slowing.

UMass Amherst reversed its plans to welcome students back to campus this month even if all their classes were going to be taught online, and some districts like Somerville are ignoring the administration's pleas to at least give in-person learning a chance.

The Legislature has employed a hybrid model of in-person and remote participation during the pandemic, but in what was supposed to be the first full week of a five-month recess there wasn't much of either going on.

Last week, the House and Senate made sure to give their negotiators every second available before the faux midnight deadline to strike a deal on police reform, transportation spending, telehealth or economic development. They did this knowing they had already extended the session, giving themselves ample more time.

Seven days later and the Legislature is in the same place it was last Friday night - waiting.

"We will let the conferees do their magic and hopefully get something done and pass it," Senate President Karen Spilka said at the start of the week. "If it's done next week, two weeks, that's when we will come back to do it."

Instead of shrinking, the number of conference committees actually grew with a fifth piece of legislation dealing with climate change moving into talks between the branches.

Sen. Michael Barrett and Rep. Thomas Golden, the co-chair of the Committee on Telecommunications, Utilities and Energy, are leading those talks, with support from Senate Majority Leader Cynthia Creem, Speaker Pro Tempore Patricia Haddad, House Minority Leader Brad Jones and Sen. Patrick O'Connor.

It's the same group that negotiated a significant renewable energy bill two years ago, minus Sen. Marc Pacheco, who still chairs the Senate's Global Warming Committee, but has fallen out of the new leadership hierarchy and was replaced by Creem.

Instead, Pacheco was relegated last week to cheering the House on from the sidelines of Twitter as that branch worked through and passed its version of the net-zero emissions bill that is now in final negotiations.

The administration this week also did its part for global warming by rolling out a new clean peak standard that aims to encourage a reliance on renewable power sources to meet energy demand during peak hours, instead of falling back on dirtier fossil fuels like oil.

Even though negotiations this week didn't yield any deals, those talks have to be going better than the discussions between Congressional Democrats and the White House over a new COVID-19 relief package.

For starters, they're still going on, which can no longer be assured in Washington. But Democrats and Republicans can't get on the same page for an extension of enhanced unemployment benefits or the $500 billion in unrestricted relief money governors are requesting.

The House passed a total package of $3 trillion already, while Republican leaders would reportedly like to get that down to $1 trillion. With the state budget's outlook riding in part on relief funds, the impasse makes Beacon Hill look somewhat prescient in pushing off its budgeting decisions for longer than just August.

Baker finally put his signature on a three-month, $16.5 billion interim budget that leaders say will carry state government through October, but the governor rejected an Oct. 31 sunset on the authorization, and said the Legislature's attempts to impose minimum spending thresholds stepped on his toes at a time when he needed flexibility to manage through a pandemic and fiscal crisis.

The bill sought to restrict Baker from spending less on any line item than either the fiscal 2020 budget or what the governor proposed in January in his House 2 budget.

Leaders, however, have been silent since Baker sent that proposal back with an amendment in which he pledged to report to them if he finds ways to accomplish the same goals while spending less.

STORY OF THE WEEK: Testing the limits of reopening


State House News Service
Monday, August 3, 2020
Beacon Hill Awaits “Magic” From Conference Committees
Big Bills Under Negotiation During Campaign Season
By Matt Murphy and Colin A. Young


The Legislature entered uncharted waters on Monday, sailing into territory not seen by Speaker Robert DeLeo since his early days in the House and never experienced before by Senate President Karen Spilka.

The calendar in an election year said August, but for the first time in 25 years legislators did not know if or when they might be called back to Beacon Hill to vote on highly sensitive and important bills dealing with everything from police reform and climate change to how to spend billions of tax dollars on transportation in the coming years.

Those with re-election challenges returned to the trail knowing that the record voters will judge them on later this summer and fall is not complete, and those negotiating legislation on behalf of their House and Senate colleagues no longer have a looming deadline, giving them more flexibility, but also less of an incentive to compromise quickly.

Essentially, what the next five months will look like is anybody's guess.

"Clearly, right now our priorities are looking and working on budget, getting that information from the federal government, getting our tax returns, finding out what's happening with COVID -- as you all know, it's beginning to uptick a little bit. We need to follow that -- as well as the economy and what's happening with that to hopefully keep that moving upward and onward, so that's really important," Senate President Karen Spilka said in the early morning hours of Aug. 1, after the Senate had adjourned what typically would have been the final formal session for the year.

Spilka added, "We need to focus on those -- the conference committees, COVID-related and anything budget-related. At this point, those are our priorities."

The House and Senate jointly agreed last week to extend formal sessions through the remainder of the year, plunging Beacon Hill into something of a blackout period, with no more public hearings on the schedule and conference committee negotiations playing out behind closed doors where the potential for leadership to cut deals or bring new issues to the table for votes remains unchecked.

The audible by Democratic leadership into a more open-ended work schedule may have given some advocates new hope that the clock hadn't run out on their issue after all, but Spilka was clear early Saturday morning that her chamber's agenda won't necessarily grow to fill the extra time lawmakers have afforded themselves.

The issues Spilka said she's most interested in moving forward are all the ones you would expect: the overdue fiscal 2021 budget, responding to the fluid situation around the COVID-19 pandemic, and getting bills in (or soon to be in) conference committees -- policing reform, health care, economic development and housing, transportation spending and climate policy -- to the governor's desk.

That means other issues with strong support, like legalizing driver's licenses for immigrants without proper documentation or expanding abortion rights, might not get the attention some are hoping they will during this extended period of formal sessions.

There's also the questions of how the House will approach these extended sessions, which carry with them the possibility of the same type of lame-duck session in November that prompted the Legislature in 1995 to enact the rule they followed until this year to wrap up formal lawmaking on July 31.

House lawmakers voted to include legal sports betting in its economic development bill, but the Senate did not and appears far less interested in the idea than the House as that moves into conference committee talks. Senate leaders omitted the legalization of sport wagering from its version of the jobs bill, and suggested they thought it would be more appropriately dealt with on its own.

Asked early Saturday morning if sports betting could see new life before the end of the year, Spilka said, "We'll have to see."


State House News Service
Tuesday, August 4, 2020
Conferees to Outline Path to Snuff Out Carbon Emissions
Lawmakers Need 30-Year Plan to Hit 2050 Goal
By Colin A. Young


The lawmakers named to hammer out a compromise climate policy bill for the House and Senate will likely have their hands full. Both chambers passed legislation to put Massachusetts on a path towards net-zero carbon emissions by 2050, but negotiators will have a wide array of other issues to reconcile as advocates and business groups lobby for their priorities.

The Senate overwhelmingly passed a package of climate bills in January that called for net-zero carbon emissions by 2050, and set deadlines for the state to impose carbon-pricing mechanisms for transportation, commercial buildings and homes. The House, which had earlier passed a $1.3 billion climate adaptation bill, on Friday night passed its response to the main Senate proposal, addressing the 2050 emissions reduction roadmap, solar energy net metering, grid modernization, workforce development, energy efficiency, and municipal electric and light plant clean energy targets.

Now, it will be up to six lawmakers-to-be-named-later to work through the differences between the House and Senate bills and to come up with a compromise version that can pass both chambers. Meanwhile, a slew of environmental advocacy organizations, business groups and activists -- many of whom put pressure on lawmakers to get climate policy bills done -- have given some indication of what they like and don't like about the House and Senate bills.

Once the House passed its bill on Friday night and it was clear the issue was headed for a conference committee, the most direct overture to the negotiators came from the Northeast Clean Energy Council (NECEC), which generally liked both the House and Senate bills.

"The House took a big step forward on climate policy today in passing this bill. Advancements in environmental justice, offshore wind and appliance standards are to be commended," Jeremy McDiarmid, NECEC's vice president for policy and government affairs, said. "There were some setbacks on solar tax policy that we expect the conference committee will resolve."

The House and Senate are likely to name climate bill negotiators during sessions on Thursday. Rep. Tom Golden and Sen. Michael Barrett -- co-chairs of the Committee on Telecommunications, Utilities and Energy -- will probably be tapped to lead the conference committee talks for their chambers.

The Sierra Club applauded much of the House bill but said the legislation "fails to include a commitment to reach 100% renewable energy in a reasonable timeline," citing a change related to the state's renewable portfolio standard which the organization said will put 100 percent renewable power off until 2090.

"This bill is a small step in the right direction. We applaud House leadership for creating additional opportunities for low income residents to benefit from the renewable energy revolution and for providing long overdue protections for environmental justice communities. However, it is critical that the state takes immediate action to lower our emissions now," Jacob Stern, Deputy Director of the Massachusetts chapter of the Sierra Club, said. "As a millennial, I find it unacceptable that Massachusetts will reach 100% renewable electricity the same year I turn 100 years old."

The group was similarly disappointed after the Senate passed its climate bills in January.

Ceres, a national non-profit that works with investors and companies on sustainability efforts, said the House bill is an important step towards Massachusetts' climate goals but echoed the sentiment that there is more to do still.

"We hope it will spur the legislature to adopt more policies to decarbonize the transportation and building sectors, and further accelerate the transition to a carbon free electricity sector," Alli Gold Roberts, director of state policy at Ceres, said.

Environment Massachusetts said the House legislation is "an ultimately flawed bill," though the organization was pleased with provisions related to offshore wind power procurement, environmental justice, and more.

"While these are good steps, it's important to be clear about what this bill does not do. It does not end the use of dirty, polluting oil and gas. Rather, it allows the burning of fossil fuels to continue for decades, and it postpones necessary action in favor of studies and 'roadmaps,'" Ben Hellerstein, state director for Environment Massachusetts, said. "This 'roadmap' doesn't take us where we need to go. It puts us on a road that still ends with the use of fossil fuels."

When the Senate passed its climate bills in January, Environment Mass. issued a press release focused almost exclusively on a bill (S 2478) dealing with energy standards for appliances, which it said would "reduce Massachusetts' annual carbon emissions by 271,000 metric tons by 2035, equivalent to taking 57,000 cars off the road, and cut water consumption by 9.8 billion gallons per year."

Language very similar to that Senate bill was adopted into the House climate bill as an amendment offered by Duxbury Rep. Josh Cutler, who got a shout-out from Environment Mass. in its statement on the House bill late last week.

Though many of the climate advocacy groups that weighed in on the House and/or Senate bills said they wanted to see the Legislature go further and faster, the Environmental League of Massachusetts -- at least in its statements -- seemed content with both bills.

"This legislation positions the Commonwealth on a strategic and tactical path toward carbon neutrality by 2050. In order to meet our ambitious long-term goals, we need the interim targets, data-driven plan, and accountability mechanisms that this bill provides," the group said in a statement after the House passed its climate bill Friday. The group said the amendments the House adopted made the bill better, "yielding a comprehensive environmental bill that will empower our communities, protect our natural resources, and promote renewable energy, including game-changing offshore wind power, for our Commonwealth."

ELM was similarly pleased with the gist of the Senate's emissions reduction bill when it was released in January.

"We thank the Senate for releasing an energy bill that sets us on a course to more boldly address climate change -- the most critical issue of our time," ELM President Elizabeth Henry said in a statement released by the Senate president's office. "By setting interim GHG reduction targets and echoing the Governor's call for net zero emissions by 2050, the Senate acknowledges how much work is left to do."


The Salem News
Friday, August 7, 2020
Critics warn of cost of climate change bills
By Christian M. Wade, Statehouse Reporter


Lawmakers will huddle to work out differences between plans to reduce greenhouse gas emissions, but critics worry that any proposal will drive up consumer costs and slow recovery of the state's pandemic-battered economy.

Last week, the state House of Representatives approved a sweeping climate change bill that puts Massachusetts on a path toward net-zero carbon emissions by 2050 and sets targets for solar energy expansion, power grid modernization and energy efficiency.

The Senate approved an even more aggressive bill in January, before the coronavirus outbreak, also calling for net-zero carbon emissions by 2050 and deadlines for the state to impose carbon-pricing plans for the transportation sector, commercial buildings and homes.

Differences between the bills must still be worked out by a six-member conference committee, and advocates on both sides are gearing up for a behind-the-scenes fight.

Critics of the plans say they will raise energy prices and create other costs for businesses and consumers by limiting the kinds of appliances they can buy.

"Businesses are struggling to keep their doors open at this point," said Chris Carlozzi, state director for the National Federation of Independent Businesses. "Tacking on any additional costs would be very problematic."

He said environmental and energy policies that drive up costs will hold back the economy.

"We don't know how long recovery will take, so lawmakers should think very carefully about approving anything that increases costs," Carlozzi said.

Meanwhile, environmentalists are pushing for tougher rules to move the state away from its reliance on fossil fuels for heat and electricity.

"There's no doubt it's going to require a significant investment to achieve 100% renewable energy," said Ben Hellerstein, of Environment Massachusetts. "But the longer we delay making this transition, the more costly and difficult it will become."

The state's 2008 Global Warming Solutions Act sets a goal of reducing greenhouse gas emissions to 80% below 1990 levels by the year 2050.

Gov. Charlie Baker and legislative leaders agreed to push for a "net-zero" carbon economy by 2050, where emissions from gas-guzzling cars and home heating oil are substantially replaced by electric vehicles and by energy from wind, solar and other renewable sources.

To help accomplish that, the House and Senate proposals would authorize a carbon-pricing system, such as the regional Transportation and Climate Initiative the Baker administration has championed.

Baker has scoffed at the idea of increasing taxes amid the pandemic, but he still supports the regional initiative that would be funded, in part, by increasing gas taxes.

The conservative Massachusetts Fiscal Alliance said plans being negotiated by lawmakers would be a "back door" to climate tax proposals that will drive up costs.

"The sheer amount of new and higher taxes, along with the increased layers of regulations, will position Massachusetts as the most expensive and highly taxed state in the country," said MassFiscal spokesman Paul Craney.

Christian M. Wade covers the Massachusetts Statehouse for The Salem News and its sister newspapers and websites.


State House News Service
Thursday, August 6, 2020
SHNS Conference Committee Scorecard
Five Major Panels Under Pressure to Produce Big Agreements
By Michael P. Norton


The House and Senate on Thursday established a fifth major conference committee to develop consensus legislation addressing carbon emissions and renewable energy and positioning the state to better adapt to climate change.

The new conference panel will be chaired by Telecommunications, Utilities and Energy Committee Co-chairs Rep. Thomas Golden of Lowell and Sen. Michael Barrett of Lexington. They will be joined by Sens. Cindy Creem and Patrick O'Connor, and Reps. Patricia Haddad and Brad Jones.

The Legislature failed this year to complete work ahead of a July 31 deadline on four other priority bills addressing health care, economic development and housing, transportation spending, and policing accountability.

But instead of letting those bills die, as lawmakers do every two years with major proposals that don't clear the branches by July 31, the House and Senate last week voted to extend formal sessions for the rest of 2020.

Legislators cited the disruption in legislative activities forced by the COVID-19 pandemic, which led to the unprecedented introduction of sessions where representatives and senators can debate and vote remotely. The extension was also required to enable the Legislature to tackle the annual state budget, which was due July 1 but has yet to move through either branch as legislators have elected to delay major decisions until they are in receipt of additional budgetary information. The state is operating on an interim three-month budget.

The unusual situation, which comes amid an intensifying election year, means Democratic legislative leaders expect to call lawmakers back into formal sessions to consider conference committee compromises if and when agreements emerge from the six-member panels. The panels operate in complete secrecy, with members often unwilling to even outline differences in their bills, much less the status of negotiations or hangups.

Joint legislative rules require all conference committee meetings to be open to the public unless members vote to close meetings. In recent years, with few exceptions, legislators have quickly closed their meetings.

Rules also state that "matters on which there exists no disagreement between the branches shall not be disturbed by the committee on conference," and further require that "no report from a committee of conference shall be considered or acted upon by either branch until the calendar day following the day on which said report shall have been available to the public and to the members of the General Court."

The rules require that conferences file their reports no later than 8 p.m. on the day preceding its consideration and that the Legislature not consider reports before 1 p.m. on the following day, a rule that has often been suspended.

The conference panels hold tremendous power in part because of a rule that states their reports, if agreed to by a majority of House and Senate conference members, "may be either accepted or rejected, but no other action shall be had, except through a new committee of conference." In practice, Joint Rule 11 means the House and Senate face a single up-or-down vote on conference reports, which are routinely adopted.

Here's a rundown of the five conference committees in place with five months left in the session:

POLICING REFORM

BILLS: S 2820 and H 4886
HOUSE VOTE: July 24, 93-66
SENATE VOTE: July 14, 30-7
HOUSE CONFEREES: Claire Cronin, Carlos Gonzalez, Tim Whelan
SENATE CONFEREES: Will Brownsberger, Sonia Chang-Diaz, Bruce Tarr
DATE SENT TO CONFERENCE: July 27, 2020
DAYS IN CONFERENCE: 11

HEALTH CARE

BILLS: S 2796 and H 4916
HOUSE VOTE: July 29, 158-0
SENATE VOTE: June 25, 38-0
HOUSE CONFEREES: Ron Mariano, Dan Cullinane, Randy Hunt
SENATE CONFEREES: Cindy Friedman, Julian Cyr, Dean Tran
DATE SENT TO CONFERENCE: July 31, 2020
DAYS IN CONFERENCE: 7

TRANSPORTATION BOND

BILLS: H 4547 and S 2836
HOUSE VOTE: March 5, 150-1
SENATE VOTE: July 16, 36-4
HOUSE CONFEREES: William Straus, Mark Cusack, Norman Orrall
SENATE CONFEREES: Joseph Boncore, Michael Rodrigues, Dean Tran
DATE SENT TO CONFERENCE: July 23, 2020
DAYS IN CONFERENCE: 15

ECONOMIC DEVELOPMENT

BILLS: S 2874 and H 4887
HOUSE VOTE: July 28, 156-3
SENATE VOTE: June 29, 40-0
HOUSE CONFEREES: Aaron Michlewitz, Ann-Margaret Ferrante, Donald Wong
SENATE CONFEREES: Eric Lesser, Michael Rodrigues, Patrick O'Connor
DATE SENT TO CONFERENCE: July 30, 2020
DAYS IN CONFERENCE: 8

CLIMATE CHANGE

BILLS: S 2500 and H 4933
HOUSE VOTE: July 31, 142-17
SENATE VOTE: Jan. 30, 36-2
HOUSE CONFEREES: Thomas Golden, Patricia Haddad, Brad Jones
SENATE CONFEREES: Michael Barrett, Cindy Creem, Patrick O'Connor
DATE SENT TO CONFERENCE: Aug. 6, 2020
DAYS IN CONFERENCE: 1


The Salem News
Tuesday, August 4, 2020
Short-term budgets keep state afloat
By Christian M. Wade, Statehouse Reporter


As the coronavirus hammers the economy, Beacon Hill leaders are trying to keep the state government afloat with a series of interim budgets pending a possible federal bailout.

The latest is a three-month, $16.5 billion spending package awaiting approval by Gov. Charlie Baker that maintains funding for the state through Oct. 31.

Baker has signed two other short-term spending bills since late June, when lawmakers missed the deadline to approve a fiscal year 2021 state budget.

Beacon Hill fiscal watchers say the state has little choice but to enact interim budgets.

"There's so much up in the air right now," said Eileen McAnneny, president of the Massachusetts Taxpayers Foundation. "This will provide some stability for the state and local governments while they wait for details of a federal aid package."

The state is also waiting to see how much it collects in income taxes following the July 15 filing deadline, which was extended by 90 days.

"We are committed to finalizing a full-year budget that is fiscally responsible and responsive to the needs of our state, but key to developing that budget is further clarity around potential federal action, our economic recovery and continued trajectory of COVID-19," Sen. Michael Rodrigues, D-Westport, and Rep. Aaron Michlewitz, D-Boston, co-chairs of the Legislature's Joint Ways and Means Committee, said in a statement to fellow lawmakers.

House and Senate leaders have agreed to continue work on the budget and other major bills past a July 31 deadline to recess from formal sessions.

Without federal relief, observers say the state faces a gaping revenue shortfall that could prompt deep spending cuts and tax increases.

The Taxpayers Foundation predicts Massachusetts will see a $6 billion drop in tax revenues in the current fiscal year, which could sink further depending on how long people are out of work or if a second wave of infections prompts the state to rollback its reopening plans.

Lawmakers are seeking to prevent deep cuts during the interim budget process by setting a minimum requirement for the Baker administration to provide level funding for state government. Baker vetoed a similar provision in a previous interim budget, but Democratic lawmakers overrode it.

Baker and legislative leaders have agreed to maintain level spending for local aid and Chapter 70 funding this fiscal year, but that doesn't protect against cuts to other agencies and programs.

"If there are cuts to public programs it would be the worst thing for deepening our recession, because this is money that wouldn't be spent in state," said Phineas Baxandall, a senior policy analyst with the Massachusetts Budget and Policy Center. "We need commitments to protect those programs."

In Washington, relief for state and local governments is tied up in partisan fighting over the next stimulus package.

The Democratic-controlled U.S. House of Representatives passed a $3 trillion coronavirus aid package that included funding for state and local governments to use for operating expenses not tied to the COVID-19 outbreak. But the GOP-controlled Senate didn't include state bailout money in its relief plan.

Congress has passed at least four massive relief packages since the outbreak began in March, which has raised concerns about overspending.

Christian M. Wade covers the Massachusetts Statehouse for The Salem News and its sister newspapers and websites.


State House News Service
Tuesday, August 4, 2020
Baker Rejects Spending Orders, Signs Interim Budget
Three-Month Bill Covers Spending 'til Election Time
By Matt Murphy

Gov. Charlie Baker signed a $16.53 billion interim budget on Tuesday that will keep state government operating through at least the end of October, but he rejected a firm deadline of Oct. 31 for the funding to expire and said the Legislature's attempt to impose minimum spending requirements would "unduly" limit his authority to manage state spending over the next three months.

The governor's signature on the bulk of the spending bill ensures that the Legislature will not have to return until at least the fall to either debate and pass a fiscal 2021 spending bill, or approve another extension that would push decisions on new taxes, spending cuts or the use of reserves until after the elections.

The Legislature has yet to even propose a budget for fiscal 2021 as it waits to better understand the fiscal impacts of the pandemic and learn if Congress will send additional aid to help bail states out of massive budget holes. While some states have passed budgets and plan to return to make adjustments, Beacon Hill has elected to wait until as much as a third of the fiscal year is over before committing to spending levels.

Leaders did reach an agreement with the administration last week to promise level funding for local aid and schools to cities and towns for the year, which will eat up at least $6.41 billion of an eventual annual budget and shrink the size of the pie that will remain for legislators to find savings or make cuts.

The governor in July filed a second one-month budget to cover payroll, local aid and other government services through August, but instead of going month-to-month the House and Senate last week passed a spending bill with enough money to cover three months of spending.

Baker took his time reviewing the three-page bill, but made clear that he intended to sign it, calling it last week "the only choice I've got at this point."

"I think the bottom line is the Legislature really wants to see what is going to happen in Washington before they sort of put the final ink on what they would like to see as their FY '21 budget and I am sympathetic to that and I think that's probably at this point of time the best we can do if we want to do something that's reasonably accurate," Baker said.

The governor on Tuesday did return multiple sections of the bill, proposing amendments to eliminate the sunset date and guarantee that his administration has the ability to pursue opportunities for savings as they arise.

"While I appreciate the desire for stability in a complicated time, as I indicated in my letter dated July 24, the executive branch must retain the discretion to not spend money unnecessarily, where a lesser amount does not compromise the achievement of underlying legislative purposes and goals," Baker wrote in a letter to the Legislature, accompanying his amendments.

Baker rejected a similar clause in July that the Legislature added to a more than $1 billion COVID-19 supplemental spending bill to impose minimum spending requirements, saying it "impinges on executive discretion."

This three-month budget would have restricted Baker from spending less on any program or agency than the lower of either the fiscal 2020 general appropriations act, or what was proposed in Baker's budget from January.

"This discretion would be proper at any time; in a period of fiscal stress, it is imperative that the executive be allowed the latitude to execute on legislative purposes in an efficient manner," Baker wrote.

By returning the spending floor language with an amendment, Baker raised the specter that he may reduce or slow state spending down to levels below fiscal 2020 levels.

Baker, however, said he agreed with the Legislature that his administration should have to report regularly to House and Senate leadership on how it is managing state spending.

The administration proposed to report to the Legislature at least monthly if any savings have been achieved, or if federal funding comes through that can supplant state tax dollars for any programs. He said the reporting requirements put in the bill by the Legislature were not workable from a timeline standpoint.

Baker also he said he didn't understand why the Legislature had sought to put an expiration date on this interim spending authorization when it had not included any sunset clauses in any previous interim budgets, including the one he signed to cover the month of July.

"As a matter of course, interim budgets such as this do not contain a sunset date, and there is no reason to include one here," Baker wrote.

He called it "unconventional and unnecessary" to sunset the authorization, and said it could cause "disruptions" with other sections of the bill that can and should remain in place for the full fiscal year.

Neither the House Ways and Means Committee nor the Senate Ways and Means Committee responded to questions about the spending floor or the reason the Legislature put a sunset date on this appropriations bill.

Senate Ways and Means Chairman Michael Rodrigues said last week that he anticipates having enough information by the end of October with regard to federal relief funding and the trajectory of coronavirus infection rates and the state's economic recovery to act on a budget for fiscal 2021.


State House News Service
Thursday, August 6, 2020
July Tax Haul Plugs Some of Fiscal 2020 Deficit
Adjusted Numbers Show 4.3 Percent Growth from July 2019
By Colin A. Young


Massachusetts recorded $4.456 billion in tax collections in July, with just more than half of that money being counted towards the budget year that ended June 30 about $3 billion short of expectations.

The Department of Revenue said approximately $2.293 billion or roughly 51 percent of July's collections came from income tax payments and refunds originally due in fiscal year 2020 but received in the first month of fiscal year 2021 because the Legislature and governor extended filing deadlines due to the pandemic.

About $2.163 billion in July revenue will be counted towards fiscal 2021, including an estimated $50 million in corporate and business taxes that were deferred from the spring when state waived penalties for late filing and payment, DOR said. Once the numbers are adjusted for tax deferrals, tax collections last month were about $88 million or 4.3 percent higher than the equivalent tax collections in July 2019, DOR said.

"July total collections were also boosted by corporate and business tax payments attributable to returns due in April, which will be recorded as FY21 revenue, following the waiver of late filing and payment penalties in connection with such returns," Revenue Commissioner Geoffrey Snyder said. "Sales and use tax revenue also increased as compared to the same period in 2019, despite the deferral of certain regular sales, meals, and room tax payments from FY2020 to FY2021, which are due in September."

In late July, revenue officials said incomplete revenue collections for the fiscal year that ended June 30 totaled $27.276 billion, which was $3.014 billion or 9.9 percent below what budget managers were expecting when they crafted the $43.3 billion state budget in early 2019. The $2.293 billion of fiscal year 2020 revenue that DOR collected in July will help plug some of that gap.

The state also has $3.5 billion stashed away in its rainy day fund that could be used to address budget shortfalls in fiscal year 2020 and beyond.

Since the sudden evaporation of tax receipts began this spring as the state forced businesses to close, consumer spending habits changed dramatically and unemployment skyrocketed, the Baker administration did not revise revenue expectations for fiscal year 2020 -- which could have triggered the governor's authority to make unilateral spending reductions known as 9C cuts -- or announce other specific budget-balancing plans.

Massachusetts is also without a plan for the fiscal year 2021 budget, which typically would be in place by now. Instead, the state is running on a $16.53 billion interim budget that will keep state government operating through at least the end of October. Lawmakers and administration budget officials have said they need to know what, if any, relief the federal government is going to provide to states before they can craft a budget for the rest of fiscal year 2021.


The Boston Herald
Friday, August 7, 2020
Massachusetts now has a ‘COVID Enforcement and Intervention Team’
By Lisa Kashinsky


Gov. Charlie Baker on Friday issued a slew of new enforcement measures — including the creation of a “COVID Enforcement and Intervention Team.”

The multi-agency squad is expected to help increase enforcement of public health rules statewide and coordinate local interventions in communities labeled as “higher-risk” due to their numbers of new cases and percentages of positive tests.

The Executive Office and Public Safety and Security and the Massachusetts Emergency Management Agency will coordinate the effort.

It will involve the state’s coronavirus command center, the Massachusetts State Police, Department of Labor Standards, Division of Professional Licensure, Department of Public Health, Division of Local Services, the Alcoholic Beverages Control Commission and the Executive Office of Technology Services and Security.

High-risk communities will see targeted inspections that include fines of up to $500 per violation of new rules starting Tuesday that limit outdoor gatherings to 50 people and require face coverings for gatherings of more than 10. Outdoor gatherings for political or religious purposes are exempt, as are businesses adhering to rules under the first three reopening phases.

The team will also augment the ABCC’s existing ability to levy fines, and suspend or revoke liquor licenses of establishments that don’t comply with safety measures.


The Boston Herald
Friday, August 7, 2020
Charlie Baker indefinitely postpones second step of Phase 3 in Massachusetts,
ramps up coronavirus enforcement as cases climb
By Lisa Kashinsky

Gov. Charlie Baker is indefinitely postponing the second step of Phase 3 of his coronavirus reopening plan, limiting the size of outdoor gatherings and stepping up police enforcement of public health orders as the state works to regain control over the deadly virus.

“The notable decline in COVID in Massachusetts, especially in comparison to many other states, has caused some residents to feel a bit too relaxed about the seriousness of this virus,” Baker said in a press conference Friday, adding that the state is entering a “new phase in our battle against COVID-19.”

Delaying step two of Phase 3 pushes off indoor shows at performance venues and further postpones activities like laser tag and roller skating.

Outdoor gathering sizes will be rolled back to 50 people from 100, while indoor gathering sizes remain capped at 25 people. Face coverings are required when more than 10 people from different households will be in the same place. The rules apply on both public and private property.

Restaurant guidelines are also being updated to make it clear that alcoholic beverages can only be served with food prepared on-site — not bags of chips — and that “bars masquerading as restaurants also need to be closed,” Baker said.

State and local police will now be enforcing public health orders alongside local inspectors and boards of health.

“Event hosts who violate the orders will be subject to fines” of up to $500 per violation, according to Baker’s new rules that go into effect Tuesday.

Baker also said he expects there to be a “far more coordinated and significant presence between our colleagues in law enforcement” and the Alcoholic Beverages Control Commission, “which has the authority to take licenses away from people and issue much bigger fines.”

A new, multi-agency “COVID Enforcement and Intervention Team” will help ramp up enforcement and coordinate local intervention in communities classified as “high-risk” due to their number of new cases and positive test rates.

Health officials are also extending the “Stop the Spread” testing program through Sept. 12. There are currently 17 cities and towns offering free coronavirus testing through the program, with more to come. The state plans to release more data on community-level spread next week.

The ratcheting up of restrictions comes as the state’s seven-day average positive test rate ticked up to 2.2% this week from a low of 1.7% in mid-July. It was 1.9% Friday.

It also follows continued reports of large parties where people are flaunting masks and social distancing rules. A 300-person wedding at a Gardner hotel is the latest gathering under investigation, Baker said, adding that violations of $300 each could add up to be “significantly into the thousands of dollars.”

Fines of $500 per day remain in place for those who violate rules that have been in effect since Aug. 1 that require travelers and Massachusetts residents to fill out a travel form and quarantine for 14 days unless they’re coming from a low-risk state or can produce a negative test result. Rhode Island was removed from the “low-risk” list beginning Friday.


The Boston Herald
Friday, August 7, 2020
Region’s governors, mayors have gone over the edge
By Howie Carr


Gov. Charlie Baker, New York Mayor Bill de Blasio and all the rest of these hack Northeastern governors and mayors closing down their borders don’t seem to grasp their real problem going forward.

Comrades, it’s not people trying to sneak into your economically devastated, fun-phobic police states that you have to worry about.

Your dilemma going forward will be trying to prevent your oppressed, unemployed subjects from fleeing in ever-greater numbers from the ruination your crackpot policies have visited upon them.

Let me put it another way: did the Communists build the Berlin Wall to keep people from coming into East Germany, or escaping from it?

Is the population of Venezuela going up, or down?

When Charlie Parker finally sets up his first Checkpoint Charlie at Logan Airport, the only business will be at the gates for the outgoing flights.

We already know that these smug, sanctimonious petty tyrants aren’t very good at statistics. For instance, “confirmed” deaths in Massachusetts on Wednesday were, drum roll please, two. And in Rhode Island … one fatality.

Yet the governors of both those states, Charlie Parker and Gina Raimondo, grow ever more tyrannical and imperious in their public harangues.

The fewer the deaths, the more draconian the lockdowns.

Raimondo is so panicked, in fact, that she’s imposing an 11 p.m. last call on all bars in Rhode Island, but not until next week.

(This virus is such a deadly problem that every lockdown is announced days if not weeks in advance. Right now you can order a drink at midnight in Providence in complete safety. Next week, the virus will strike you down if attempt to grab one for the road at 11:01.)

Raimondo’s crackdown made her the coolest kid in the COVID Cult, but not for long. Yesterday, the Democrat governor of Kentucky raised Raimondo and called her — he wants to impose a 10 p.m. last call for his bars.

This is the problem with police states. One diktat is too many, and a thousand are not enough. It’s all become a game for these self-important tools. This is their moment of glory and they’re never going to willingly let go of the whip.

Maine Gov. Janet Mills just imposed her fifth state of emergency – with 124 fatalities. She issued hers five days after New Hampshire extended its lockdown. They have 418 deaths.

It’s monkey-see, monkey-do. As early as March, the payroll patriots were trying to one-up each other. Remember Mayor Marty Walsh cutting barrooms in Boston back to 50% capacity?

The next day Gov. Charlie Parker shut down the bars, period. And the day after that, having no bars to shut down, Somerville Mayor Joe Curtatone closed the playgrounds – the monkey bars, you might say.

This is the spiral these fools now find themselves in. Once you’ve put everybody out of business, who do you go after next?

In Somerville, at least, the answer is, you go after Santa Claus. Mayor Curtatone has already abolished Christmas. He’s got an all-points-bulletin out for Jolly Old St. Nick. BOLO for Rudolph the Red-Nosed Reindeer.

The Grinch has got nothing on Mayor Curtatone.

And now we have this latest spectacle of these bust-out politicians, faced with the specter (as they see it) of declining death tolls. So they double down and impose preposterous self-quarantines, social-distancing and cops asking, Stasi-style, for your papers.

Unless, of course, you’re an illegal alien or looter, in which case, nothing to see here folks, move along.

Right now, Bill de Blasio has put forth the nuttiest plan. Like, who do you know who was planning to visit New York City anyway? You don’t have to go to the Big Apple to get shot — you can get murdered in any blue city in America, and you don’t have to wait out a 14-day quarantine.

De Blasio, of course, went to high school in Cambridge, just as Charlie Parker and New Jersey Gov. Phil Murphy went to high school in Needham. Why are the worst people in politics so often from Massachusetts?

These de Blasio orders are so catastrophic that even that monumental dunce, New York Gov. Andrew Cuomo, has figured out that the “Empire State” is circling the drain. He’s publicly begging rich people not to flee. He’ll buy ’em a drink, he’ll cook dinner for ’em.

Too late. When the phone don’t ring, Gov. Cuomo, you’ll know it’s all those billionaires who used to live on the Upper East Side.

The first governor to order police to stop visitors at the border was none other than R.I. Gov. Raimondo, back in March. She’s now whining about the … unfairness of it all. She ordered the cops to stop all cars with New York license plates — total violation of the Constitution, Article 4, Section 2:

“The citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”

Tough luck, Gina. What goes around, comes around. As all of you power-crazed hacks are going to discover, sooner or later.


State House News Service
Friday, August 7, 2020
National Job Growth Continues, But at Slower Pace
U.S. Unemployment Rate Dropped to 10.2 Percent in July
By Chris Lisinski


American employers added nearly 1.8 million jobs in July while the unemployment rate declined to 10.2 percent, restoring another chunk of the jobs lost during the pandemic but at a slower pace than in recent months.

The 1.76 million positions added are more than three times the gains as any pre-pandemic month since 2000, but the boost also lags behind the 2.7 million jobs added in May and the 4.8 million added in June, according to federal data published Friday.

Altogether, the three continuous months of rising employment have clawed back less than half of the historic 21.3 million jobs cut in April, when many businesses were ordered to close physical operations to slow the spread of COVID-19.

"The economy fell off a cliff at the end of the first quarter of 2020 and we have been slowly climbing back ever since, thanks in large part to government support," Citizens Bank Head of Global Markets Tony Bedikian said in a statement. "We have seen a very troubling increase in COVID-19 cases in many states that had reopened for business, but we continue to be cautiously optimistic that the overall U.S. economy has turned a corner, and that the solid job gains announced today will be sustained."

Job gains came in most industries tracked by the Bureau of Labor Statistics, with leisure and hospitality and food services and drinking places -- two of the categories most sharply affected by mandatory shutdowns -- together accounting for nearly 1.1 million of the new positions.

Retail trade added another 258,000 jobs in July, while health care employment increased 126,000.

Total jobs in the public sector rose by 301,000 in July, federal officials said, countering a traditional trend of declining in July before seasonal adjustment is applied.

"Employment declines occurred earlier than usual this year due to the pandemic, resulting in unusually large July increases in local government education (+215,000) and state government education (+30,000) after seasonal adjustment," BLS wrote in its report. "A July job gain in federal government (+27,000) reflected the hiring of temporary workers for the 2020 Census."

Economists have warned that major cuts to government services could be on the horizon if Congress and President Donald Trump do not agree on an aid package that will help close massive state and local budget gaps opened by the pandemic. Negotiations in Washington are ongoing, with no compromise appearing imminent Friday morning.

Officials also announced that the national unemployment rate -- determined through a different survey than total employment -- declined to 10.2 percent in July, a 0.9 percentage point drop from June.

That, too, reflects the volatility of the current economic reality. Dropping almost a full percentage point from the unemployment rate -- particularly after hitting a high of 14.7 percent in April -- is itself an almost unprecedented improvement, but the pace is again slower than in May or June.

Even after declining, the July national unemployment rate was still at a level not observed since April 1983.

BLS said in its release that the share of responses that had been misclassified was significantly lower in June and July than earlier months during the pandemic, when the surveys were hampered by the pandemic's impact.

"For March through June, BLS published an estimate of what the unemployment rate would have been had misclassified workers been included," the bureau wrote. "Repeating this same approach, the overall July unemployment rate would have been about 1 percentage point higher than reported. However, this represents the upper bound of our estimate of misclassification and probably overstates the size of the misclassification error."

Many states in recent months have eased the initial restrictions they placed on business and public activity earlier in the pandemic, though surging case numbers have prompted several governors to pump the brakes on their reopening plans, which could create an uneven recovery process.

Officials will publish July employment numbers and unemployment rates for all 50 states on Aug. 21. In June, Massachusetts had the highest unemployment rate in the nation at 17.4 percent, even though the state's businesses added a record 83,700 jobs.


The Boston Herald
Thursday, August 6, 2020
Bay State border-jumping tax grab way out of bounds
By Michael Graham


If Massachusetts were a diner, it’s motto would be “Home of the World’s Most Expensive ‘Free Lunch.’”

Massachusetts liberals love giving money away and leaving Massachusetts taxpayers holding the tab. But thanks to the COVID-19 crisis, they’ve found a way to game the system and leave the free-lunch check on someone else’s table:

New Hampshire.

Turns out that since March, Charlie Baker and Co. have been collecting their 5% “commuter tax” from New Hampshire workers who haven’t crossed the state line in months. Baker ordered Granite Staters to stay home, then announced the state’s going to tax them as though they are working here, anyway.

Imagine opening your mail and finding a meals-tax bill from Boston based on how often you used to eat out before Mayor Marty shut down your favorite restaurant, and you’ve got the picture.

According to the Department of Revenue’s edict, and I quote:

“For the duration of the Massachusetts COVID-19 state of emergency, all compensation received for personal services performed by a non-resident who, immediately prior to the state of emergency, was an employee engaged in performing such services in Massachusetts … will continue to be treated as Massachusetts source income subject to personal income tax.”

I just love that phrase “will continue to be treated as.” It’s like your girlfriend throwing you out of the apartment, then announcing that, for the purposes of the rent payment, you will “continue to be treated as” her roommate.

Except for the, you know, roommating part.

This isn’t the first time Massachusetts has messed with New Hampshire. Remember when Gov. Deval Patrick tried to pursue taxes on out-of-state purchases by Massachusetts residents in the Town Fair Tire case? (The Massachusetts courts shot him down.)

And I love the stories of Gov. Meldrim Thomson threatening to sic New Hampshire staties on Massachusetts revenuers spying on Bay Staters crossing the border for cheaper booze back in the ’70s.

Not surprisingly, New Hampshire doesn’t like it any more this time around. Republican Gov. Chris Sununu announced his Department of Justice is going to review the MA DOR’s actions to see if they’re “engaging in improper taxation of our citizens.”

Even liberal Democrats are dunking on “Taxachusetts” over this. State Sen. Dan Feltes, who’s running in the Dem primary for governor, called Massachusetts’ commuter-tax scam “unfair, anti-worker (and) anti-public health.”

“We cannot stand idly by as Massachusetts now tries to tax New Hampshire residents who are working remotely, acting as if they were still working full-time in Massachusetts proper,” Feltes wrote the MA DOR yesterday.

That part about “public health” is important. Massachusetts said staying home was a vital public health decision. So why are they taxing people for doing what they were told? Why punish the good guys?

Massachusetts doesn’t have to. Even the liberal city of Philadelphia, with the highest wage tax in the country (about 3.5% for commuters), is letting suburbanites forced to work from home request a rebate for their time locked out of the city.

Not Massachusetts. Instead, Charlie Baker embraces the Big-Lie approach: Working from home in Nashua? That counts as Massachusetts, so pay up. Who you gonna believe — me, or your lyin’ GPS?

What makes this move by money-grubbing Massachusetts liberals so perfect is that everybody knows they’re lying. That these workers aren’t actually commuters, that they don’t owe the money Massachusetts is taking from them.

Right now there’s some low-wage single mom in Salem, N.H., trying to do her job on the family laptop she’s forced to share with her “remote-learning” kids, and the Baker administration is re-inventing reality just to shake her down for Happy Meal money.

All in the name of progressive liberalism, of course.

You can’t make this stuff up, folks. Well, except in Massachusetts, where they make stuff up all the time.


The Boston Globe
Friday, August 7, 2020
Massachusetts wants to keep taxing telecommuters from N.H., stirring up a new kind of border war
Mass. Department of Revenue faces criticism for collecting income tax on out-of-state workers stuck at home.
But it's a broader issue for remote work.
By Jon Chesto


Before the coronavirus kept us all housebound, thousands of New Hampshire commuters streamed south each morning to work at Massachusetts businesses — and paid the income tax to prove it.

But now a border war is brewing over that lucrative prize.

Since the COVID-19 pandemic started, Governor Charlie Baker’s administration has made it clear it will continue to tax out-of-state residents who normally go to work in Massachusetts each morning, even if they’re stuck at home.

That didn’t cause much of a stir back in the spring, when it seemed like the coronavirus would be gone by Labor Day. But it is causing a stir now.

Baker’s Department of Revenue said on July 21 that it wants to keep collecting these income taxes, probably until the end of the year. Before COVID hit, New Hampshire residents who worked for a Massachusetts employer could adjust their income tax liability downward to reflect any days they spent working from home (and perhaps avoid the state tax entirely). The Baker administration’s approach essentially treats these new at-home days as in-office days, if people are home specifically because of the pandemic.

That isn’t sitting well with politicians in New Hampshire. They argue these constituents should benefit from their state’s longstanding tradition of not imposing a broad-based income tax, now that they are not schlepping into Massachusetts every weekday.

Governor Chris Sununu this week directed the New Hampshire attorney general to review the taxation rules issued by neighboring states to ensure New Hampshire residents aren’t being improperly taxed, and to determine the legality of these border-state rules. The Republican governor’s brief statement on the matter didn’t mention Massachusetts by name. But it didn’t need to: An estimated 84,000 New Hampshire residents regularly commuted to Massachusetts in normal times, roughly four times the total of commuters to all other states.

Sununu’s action followed a story last weekend in the Union Leader, the state’s largest newspaper, about the Baker administration’s approach to collecting income taxes from New Hampshire residents.

Meanwhile, the two top Democrats on the New Hampshire Senate’s ways and means and finance committees fired off a brief letter to Geoffrey Snyder, Baker’s revenue commissioner, on Wednesday. The letter slammed the Baker administration’s plans to collect income taxes from New Hampshire residents who are working remotely because of the pandemic through the end of the year, or 90 days after Baker ends the state of emergency, whichever comes first. Snyder’s agency plans to hold a virtual public hearing to discuss the issue on Aug. 27.

In an interview, Senator Dan Feltes said he and Senator Lou D’Allesandro wrote to Snyder because of the upcoming hearing, and because the Baker administration’s approach to taxing telecommuters is getting more serious now.

“The notion that New Hampshire residents who are, in many cases, doing the safe thing [and staying home] and are getting penalized for doing that, is anti-worker and anti-public health,” said Feltes, who is hoping to challenge Sununu in the fall for the governor’s seat. “It seems like a prelude to a long-term rule that hurts New Hampshire workers.”

A spokeswoman for Baker’s Department of Revenue didn’t have much to say about the criticism, other than to note that the agency’s approach is intended to minimize disruption for employers and employees during the pandemic.

The revenue department initially indicated it would collect income taxes in this manner from out-of-state residents until Baker lifted the state of emergency, according to Eileen McAnneny, president of the business-backed Massachusetts Taxpayers Foundation. She said her group suggested to the state agency that employers would need more advance notice, and advocated for a definitive conclusion for that reason — a suggestion reflected in the updated guidance issued by the department in July.

Amy Pitter, head of the Massachusetts Society of CPAs, said Baker’s approach is a sensible response to a temporary emergency situation, rather than forcing employers to change their payroll processes. During the time period covered by the agency’s directive, she said, the workers will be treated, for tax purposes, exactly the same as before the pandemic.

And Andrew Botti, a litigation attorney with the McLane Middleton law firm, said these workers are often logging into computer servers in Massachusetts, one of several factors that give the state enough jurisdiction to impose the tax. Besides, he said, it’s not as if New Hampshire is losing income tax revenue to its neighbor.

But some tax experts say Baker’s legal ground gets shakier the longer this pandemic drags on.

“Everybody thought this would be over in eight weeks,” said Jeffrey Levine, an accountant based in Newton. “These people aren’t in Massachusetts. They shouldn’t be paying Massachusetts taxes.”

How much tax money are we talking about? The DOR declined to say.

But the border fight underscores a bigger question that state bean counters may need to confront. Once the pandemic finally ends, many employers say they’ll be more lenient about telecommuting. That trend could take a bite out of Massachusetts finances, if many New Hampshire residents never resume their daily commutes south across state lines, or drive into Massachusetts infrequently.

“I’m sure there are economists right now thinking about if telecommuting becomes the norm in the future, what does that mean for economies of high-cost states?” Pitter said.

Steve Gallant, tax partner at accounting firm LGA in Woburn, said if challenged, he expects the Mass. Department of Revenue will be willing to take this fight to court to protect this important revenue stream. Meanwhile, Gallant said, he’s not quite sure what he’ll tell his colleagues at LGA who live in New Hampshire and commuted to the Woburn office prior to the COVID-19 shutdown. Maybe, he said, it will get resolved in time for the next tax season.

“I’m sure it’s going to the courts,” Gallant said. “Hopefully by the time we have to deal with it, we’ll have a clearer understanding.”


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