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CLT UPDATE
Wednesday, March 6, 2019

Many Moving Pieces


Eva Millona, executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition, will chair the 2020 Complete Count Committee, Secretary of State William Galvin, the state's official liaison to the U.S. Census, announced after the inaugural meeting of that panel.

"I think her expertise and her knowledge of the different communities of our state is going to be enormously helpful," Galvin said. Millona is also co-chair of the National Partnership for New Americans, which represents the nation's 37 largest regional immigrant and refugee rights organizations in 31 states.

The statewide committee features government and community leaders who will provide education about the decennial census. Population counts gathered in each state will lead to recalculations of federal funding to the states, redistricting and changes in political representation - Massachusetts lost a U.S. House seat after the 2010 Census, for instance, a change that coincided with the decisions of former Reps. John Olver and Barney Frank not to seek re-election.

The population in Massachusetts has been growing, largely due to international migration, and Galvin and others in Massachusetts are working to ensure that all people in the state are counted, and mindful that the Trump administration's crackdown on illegal immigration might affect how people respond....

Galvin said Massachusetts in 2000 and in 2010 reached out to college students and immigrants and "had pretty good success." He estimated the non native-born population in Massachusetts at more than a million people, out of an estimated 6.8 million.

"To make sure that that million is counted is going to be very challenging, not just the people who are legally present here, who are in fact should be counted but perhaps are in fear, but especially those persons who may not be legally present here but who are here, who work day in and day out in our state, who provide support to our economy that couldn't function without them. They are here." ...

A report marked for release Wednesday estimates the Latino population in Massachusetts will grow to more than 1.15 million by 2035 and represent more than 15 percent of the population.

State House News Service
Tuesday, March 5, 2019
Immigrant group director to chair key census count committee


The Senate is proposing to eliminate a state limit on family welfare benefits as part of a $144 million mid-year spending bill that is poised to become the first significant piece of legislation passed this session by the Senate later this week.

New Senate Ways and Means Committee Chairman Michael Rodrigues proposed a new version (S 2181) of the supplemental budget bill passed last week in the House (H 3506) and the Senate teed it up for consideration at a full formal session this Thursday.

The Senate's version of the bill, which is intended to funnel money in the current fiscal year to state accounts that either have run out of cash or will soon run dry, comes with a bottom line of $143.9 million, about $9 million more than the House version, which clocked in at $135 million.

In its budget bill, the Senate is also proposing to eliminate the so-called cap on kids, the state law that precludes additional public benefits for families that have another child while already receiving aid. A majority of lawmakers in both branches -- 104 representatives and 27 senators -- have signed on in support of a bill (H 104, S 37) to lift the cap on family welfare benefits.

"This proposal is all about making sure we do everything we can to help the most vulnerable members of our Commonwealth," Rodrigues said in a statement....

The House and Senate both voted last session, as part of the fiscal 2019 budget, to repeal the cap. Gov. Charlie Baker returned the proposal with an amendment offering additional welfare reforms, saying that he does not oppose lifting the cap but was concerned that without changes to the way aid is calculated, there would be inequity in the system....

The Senate version also mirrors the House bill in that it would provide $39 million for collective bargaining costs. Baker had requested $54 million for collective bargaining costs, but wrote in his filing letter that "$38 million is for contracts that are already in effect but only partially funded, while $1 million is for contracts that are newly ratified and ready to go into effect."

State House News Service
Monday, March 4, 2019
Senate lifts family cap in $144 Mil budget bill


Upgrading the state's transportation infrastructure while keeping the economy moving is like performing surgery on a patient who's simultaneously running a marathon, according to Senate President Karen Spilka.

Spilka made the analogy in a recent speech in which she discussed her plans to take a "30,000-foot view on transportation" and outlined a series of priorities for the Senate as it pursues policy options.

While the Legislature has a Transportation Committee made up of House and Senate members to review bills and make recommendations, Spilka is eyeing a process where the Senate can conduct its own work....

"Right now, I plan to focus less on individual policy proposals and more on bringing the right people to the table to get things done," Spilka said last week at a meeting of the board of the Boston-based group A Better City, according to her prepared remarks. "As I've said before -- I don't think we can afford to take any idea off the table right now when it comes to transportation -- either in terms of fixes, or in terms of how we pay for it."

A Better City in late February released a report tallying an $8.4 billion shortfall in revenues needed to ensure state roads, bridges and MBTA infrastructure are in a state of good repair over the next 10 years.

The amount of money required to maintain a state of good repair is "breathtaking," Spilka said....

Spilka detailed a series of principles she said should be included in any proposal the Senate either puts forward or agrees to. Among them are sustainability, access and affordability, connectivity across regions of the state, innovation, and achievability, including a way to pay for whatever the proposal entails....

"To that end, I believe that if tolls are so great for some areas of the state, they should also be great for many other areas of the Commonwealth," said Spilka, whose 30-mile commute to Boston involves paying tolls on the Massachusetts Turnpike. "I joke about that, but as you are likely aware, toll equity has been important to me for a very long time. Regional equity is also the reason the Senate has passed legislation allowing for communities to finance transportation through regional ballot initiatives, and why Regional Transit Authorities will always be a priority of mine."

The Senate on more than one occasion has approved language that would allow regional ballot initiatives, where municipalities could group together to propose to their voters new local taxes that would fund transportation projects.

Last year, the Senate voted 27-10 to add a regional ballot initiative measure into an economic development bill. The measure did not survive talks with the House to make it into the version that ultimately became law.

Sen. Eric Lesser, a Longmeadow Democrat, filed a regional transportation initiatives bill (S 1694) this session. Nineteen other senators and 14 representatives have signed on as cosponsors.

At a briefing Wednesday with regional planning agencies, Lesser said supporters of the ballot initiatives are "making really great progress" advancing the issue. Dozens of states have already adopted them as a funding mechanism to support rapid rail systems and other projects, he said.

"How much longer, frankly, do our constituents in Springfield, or I met the gentleman in Brockton, or on the North Shore, have to wait for the State House to start adequately funding transportation?" Lesser said. "With regional ballot initiatives, local regional economies ... like the Pioneer Valley or the Berkshires or the North Shore could band together to fund and create and set up their own projects, whether that's the ferry service from the North Shore to Boston, or the Pioneer Valley north-south rail service from Greenfield to Springfield and even into New York City."

State House News Service
Monday, March 4, 2019
Excitement, uncertainty mark transportation debate, Spilka says


Reducing the MBTA's budget deficit next year and improving service will be possible thanks to new revenue from proposed fare increases, according to the authority. But one board member, aware of the pushback the hikes have drawn, wants the state to explore other ways of funding public transportation.

At the MBTA Board meeting on Monday, Brian Lang said it would be "completely wrongheaded" to generate new money for the system just by leaning more on commuters. Instead, he suggested, officials should pursue some combination of a higher gas tax, additional fees on rideshare services and a congestion-pricing toll system....

"We don't operate in isolation and we are never going to be able to have a world-class transportation system unless there's some kind of coordination and unless our political leaders grow a little bit of courage when it comes to taking these issue on, because it does mean to tax, to have fees," said Lang, a former meatpacker and bellman who serves as president of UNITE HERE Local 26, Boston's hotel and food service union....

He requested a study on how the projected new revenue from higher fares would be affected if buses — which would increase from $1.70 to $1.80 per ride ...

Dozens of people, including 19 members of the Legislature's Boston delegation, spoke against the proposal last week, recounting overcrowded trains and frequent delays and warning of the economic and environmental impacts the plan would have. Boston City Councilor Michelle Wu, who argued that the T should be free, submitted a petition with 2,700 names opposing the hikes.

Some called for alternative funding sources, just as Lang did Monday. They called for an increase to the state's gas tax, which has been raised just once in the past 28 years, or for new taxes to fund transportation investments.

State House News Service
Monday, March 4, 2019
MBTA may be leaning too hard on riders, board member says


An estimated 464,000 Massachusetts workers counted themselves as union members in 2018, the most since 2009, according to new federal data.

The U.S. Bureau of Labor Statistics reported that union members accounted for 13.7 percent of wage and salary workers in Massachusetts last year. The U.S. average was 10.5 percent.

State House News Service
Tuesday, March 5, 2019
Mass. union membership numbers at ten-year high


The new chairmen of the Joint Ways and Means Committee understand the task ahead of them: in the coming weeks, they must craft a more-than-$40-billion budget for a fiscal year that starts in July while the economic picture of the current fiscal year shifts beneath their feet.

Using the $42.7 billion fiscal year 2020 budget (H 1) Gov. Charlie Baker filed in January as a starting point, the budget-writing committee began its slate of public hearings Tuesday to give lawmakers their first real opportunity to grill the administration on its spending plans.

Senate Ways and Means Chairman Michael Rodrigues said he recognizes "the enormity" of the task facing he and House Chairman Aaron Michlewitz and called it "an undertaking that requires us to share responsibility as stewards of taxpayers' dollars and put forward a fiscally responsible budget that places our state on firm financial footing."

State House News Service
Tuesday, March 5, 2019
Lawmakers begin work on Baker's $42.7 Billion budget


Stronger than expected tax revenue collections for the month of February took a bite out of what had been a more than $400 million gap so far this fiscal year, bringing the shortfall down to $292 million with four months left in the fiscal year.

The state Department of Revenue on Tuesday announced $1.43 billion in revenue collections in February, a total that landed $111 million, or 8.5 percent, above projections for the month.

State House News Service
Tuesday, March 5, 2019
February revenue growth eats into state budget shortfall


Now that the landmark 2018 criminal justice reform law is on the books, lawmakers are exploring additional ideas and "even harder work," as Sen. Jamie Eldridge put it Thursday, including the possibility of releasing prisoners serving life-without-parole sentences for the most serious crimes, including murder....

In Massachusetts, 1,018 people in 2016 were serving life sentence without the possibility of parole....

Under legislation sponsored by Rep. Jay Livingstone (H 3358) and Sen. Joseph Boncore, all people serving life sentences would have the opportunity for a parole hearing after 25 years, a change in law that would apply retroactively so that it would affect people currently incarcerated. Both bills are titled "An Act to Reduce Mass Incarceration." ...

"We addressed some of the non-violent mandatory minimum drug crimes, repealing them last session," Eldridge said, referring to a law that also emphasized treating offenders for substance use addiction. "But now we need to get into, in some ways, the more nuanced discussions around people who are in prison for violent crimes and whether we should be changing the sentencing for some group of those individuals."

State House News Service
Thursday, February 28, 2019
Justice reformers set their sights on life sentences


"PredictWise was able to rank all 3,000 counties in the country based on the estimated level of partisan prejudice in each place....  Nationwide, if we disregard the smallest counties (which may be hard to pin down statistically, since they have fewer than 100,000 people), the most politically intolerant county in America appears to be Suffolk County, Massachusetts, which includes the city of Boston."

The Atlantic
March 4, 2019
The Geography of Partisan Prejudice
A guide to the most—and least—politically open-minded counties in America


Chip Ford's CLT Commentary

Secretary of State William Galvin has delegated the foxes to guard the chicken coop and to determine the number of fowl in the hen house.

The State House News Service (SHNS) reported on December 19 ("Bay State population growth tops in New England"):

"[Galvin] said while Massachusetts continues to lose population by residents moving to other states, the loss is offset by twice that number of people moving to the state from other countries....  'These numbers show how important it is that we ensure every person in Massachusetts is counted in the 2020 Census, whether or not they are United States citizens,' Galvin said."

Yesterday the State House News Service noted:

"A report marked for release Wednesday estimates the Latino population in Massachusetts will grow to more than 1.15 million by 2035 and represent more than 15 percent of the population."

Galvin himself "estimated the non native-born population in Massachusetts at more than a million people, out of an estimated 6.8 million" so 150,000 more by 2035 is a low-ball estimate by far.  MIRA, the immigrants' advocacy organization, boasts "Over time, Massachusetts’ immigrant and refugee population has grown significantly, to 1.1 million, about half of whom arrived after 2000. . . . We have worked to secure millions of dollars in state funding for programs that support the social, civic and economic integration of immigrants and refugees. We advocate for progressive policies at the state, local and national levels, and fight to defeat anti-immigrant measures."

Meanwhile, on Monday the Senate proposed its own version to eliminate a state cap on family welfare benefits (S 37).  "A majority of lawmakers in both branches -- 104 representatives and 27 senators -- have signed on in support of a bill . . . that precludes additional public benefits for families that have another child while already receiving aid," SHNS reported.

As part of its $135 million "supplemental budget," the House version (H 104) passed unanimously last week; the Senate will vote on its $144 million version of a mid-year supplemental budget on Thursday.

I reiterate what I wrote in my commentary of December 23:  "Productive taxpayers bailing out, immigrants moving in at greater numbers, an economic slowdown on the horizon.  Am I the only one who sees a connection between these uncomfortable facts?"


"A Better City in late February released a report tallying an $8.4 billion shortfall in revenues needed to ensure state roads, bridges and MBTA infrastructure are in a state of good repair over the next 10 years.

"The amount of money required to maintain a state of good repair is "breathtaking," [Senate president Karen] Spilka said....

"The Senate on more than one occasion has approved language that would allow regional ballot initiatives, where municipalities could group together to propose to their voters new local taxes that would fund transportation projects."

Regional ballot initiatives to fund transportation projects?  This is precisely what the auto excise (tax), the gas tax, Registry of Motor Vehicles fees, tolls, and all the other "assessments" on motorists are supposed to fund transportation projects!  So where are all those millions and billions going?

Though the MBTA continues to be given over 15 percent of all state income taxes collected ― hardly transportation-related ― it has consistently and grossly mismanaged the billions it collects.  Now some want to make riding the T free now there's a solution!

At the MBTA Board meeting on Monday, Brian Lang said it would be "completely wrongheaded" to generate new money for the system just by leaning more on commuters. Instead, he suggested, officials should pursue some combination of a higher gas tax, additional fees on rideshare services and a congestion-pricing toll system....

Boston City Councilor Michelle Wu, who argued that the T should be free, submitted a petition with 2,700 names opposing the hikes.

Will they ever learn that nothing is free, that somebody has to pay for their freebies?


Using the $42.7 billion fiscal year 2020 budget (H 1) Gov. Charlie Baker filed in January as a starting point, the budget-writing committee began its slate of public hearings Tuesday to give lawmakers their first real opportunity to grill the administration on its spending plans.

Almost on cue along came the latest Department of Revenue monthly report:

Stronger than expected tax revenue collections for the month of February took a bite out of what had been a more than $400 million gap so far this fiscal year, bringing the shortfall down to $292 million with four months left in the fiscal year.

You don't need me to tell you where this is going, I suspect.


"Now that the landmark 2018 criminal justice reform law is on the books, lawmakers are exploring additional ideas and 'even harder work,' as Sen. Jamie Eldridge put it Thursday, including the possibility of releasing prisoners serving life-without-parole sentences for the most serious crimes, including murder...."

Here is another worthy example of both More Is Never Enough and the moving-target paradigm; the camel's nose under the tent strategy.  Capital punishment was a huge issue in Massachusetts back in 1997, following the brutal murder of 10-year old Jeffrey Curley.  A bill to re-establish it in the Bay State passed in the state Senate, but in a shocking reversal state Rep. John Slattery (D-Peabody) cast the deciding vote in the House that defeated it.  His one vote.

In a Boston Globe column of February 7, 1997, "Saying no to the death penalty" by Derrick Z. Jackson he noted:

"The Death Penalty Information Center, which opposes executions, conducted a poll that found that only 41 percent of Americans supported the death penalty if life without parole was an option. Without that option, earlier polls found that up to 77 percent of Americans supported capital punishment....

"Life without parole releases jurors from being haunted by the issue of whether they should be in the business of taking a life (once a killer is safely behind bars) ...

"A Virginia juror who voted for life without parole in a murder case told the [Washington] Post, "If a person is dangerous you don't want him to get out to cause harm again. . . . I'm not sure what we would have done if we knew he could get out. I'm glad we had the choice we did.'"

On October 28, 1997 the Globe's Peter S. Canellos reported ("On an agonizing issue, sentiment has been shifting"):

"'All over the country people are improperly released from prison,' even if sentenced to life, said Dudley Sharp, vice president of Justice For All, a Texas victims' rights organization. 'They maim, they rape, they kill. Why should they get a second chance? Isn't one murder enough?'"

Life without parole was sold back then as the more humane alternative to capital punishment.  Citizens were promised that murderers would be locked up for life, the key thrown away.  Convicted murderers would die behind bars.  They would never, ever be loose on the streets again, a threat.  Never!

Once again we find that the only thing certain from government is broken promises.

Chip Ford
Executive Director


 

State House News Service
Tuesday, March 5, 2019

Immigrant group director to chair key census count committee
By Michael P. Norton


Eva Millona, executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition, will chair the 2020 Complete Count Committee, Secretary of State William Galvin, the state's official liaison to the U.S. Census, announced after the inaugural meeting of that panel.

"I think her expertise and her knowledge of the different communities of our state is going to be enormously helpful," Galvin said. Millona is also co-chair of the National Partnership for New Americans, which represents the nation's 37 largest regional immigrant and refugee rights organizations in 31 states.

The statewide committee features government and community leaders who will provide education about the decennial census. Population counts gathered in each state will lead to recalculations of federal funding to the states, redistricting and changes in political representation - Massachusetts lost a U.S. House seat after the 2010 Census, for instance, a change that coincided with the decisions of former Reps. John Olver and Barney Frank not to seek re-election.

The population in Massachusetts has been growing, largely due to international migration, and Galvin and others in Massachusetts are working to ensure that all people in the state are counted, and mindful that the Trump administration's crackdown on illegal immigration might affect how people respond.

"We are living in a very different time in terms of the climate," Galvin said during a briefing in February.

At that briefing, Galvin said he wanted to ensure that people living in public housing are counted, noting the ability exists currently to take information from other "secondary sources," such as administrators of dormitories or nursing homes. He said he's discussed the issue with members of Congress.

"I'm actively exploring any means I can to make sure we get an accurate count, because at the end of that day that's what it's about," Galvin said.

The population growth in Massachusetts has exceeded growth in other Northeast states, at a rate that's sufficient to justify the state's federal aid levels and to protect its representation in the U.S. House, where Massachusetts has nine seats, according to Galvin.

"They are here"

Galvin said Massachusetts in 2000 and in 2010 reached out to college students and immigrants and "had pretty good success." He estimated the non native-born population in Massachusetts at more than a million people, out of an estimated 6.8 million.

"To make sure that that million is counted is going to be very challenging, not just the people who are legally present here, who are in fact should be counted but perhaps are in fear, but especially those persons who may not be legally present here but who are here, who work day in and day out in our state, who provide support to our economy that couldn't function without them. They are here."

Sen. Sal DiDomenico of Everett pointed out that the state budget includes about $16 billion in federal funds. "If we don't have accurate counts our communities are going to feel it in a very big way," he said.

Rep. Michael Moran of Boston, who led House redistricting efforts after the last Census, said he was encouraged about early organizing. He said some areas of his district are challenging to count and that everyone who lives in Massachusetts needs to be counted in the Census "no matter where they're from."

"To do that correctly I think we're going to have to reach out to some people who maybe haven't been engaged in this process for a while," Moran said. "We know - the Census is telling us - that they're cutting back on staff. They're cutting back on budgets. We know that the amount of people on the streets are not going to be the same as it was 10 years ago. We're going to have to try to find a way in the coming months to see if we can assist with that. It might be some assistance in funding. It could be some assistance in technology."

Low-income areas in cities were the most difficult to obtain accurate counts in 2010, said Luc Schuster, director of Boston Indicators, a Boston Foundation research institute, as well as college students, people who rent or move frequently, and people living in group quarters or non-traditional households.

The U.S. Supreme Court will hear arguments in April in the case surrounding a possible citizenship question on the Census, Schuster said. "Ultimately this is going to be up to the new very conservative Supreme Court to decide," he said. "My understanding is we'll get a decision in late spring or early summer."

The next Census will also be conducted online, which could facilitate organizing at community meetings, or in other settings.

"Imagine Jaylen Brown at halftime of a Celtics game asked everybody in the Garden to take out their phone and fill out the Census," Schuster said, summing up an idea that he said was suggested by the regional Census director.

There are related challenges though.

One in eight households statewide in Massachusetts do not have access to the internet, including cellphone access through a data plan, said Nancy Wagman, KIDS COUNT director at the Massachusetts Budget and Policy Center. In Hampden County, one in five households do not have access to the internet, she said.

Wagman said there are strict privacy protections on information provided as part of the Census, with violators subject to a five-year prison sentence and a fine of up to $250,000. "There are very clear and explicit protections for your data, my data, all of our data, in Census law," she said.

A report marked for release Wednesday estimates the Latino population in Massachusetts will grow to more than 1.15 million by 2035 and represent more than 15 percent of the population. The Massachusetts Black and Latino Legislative Caucus plans to host a State House event to present "Latinos in Massachusetts: 2010-2035," a new report by The Mauricio Gastón Institute for Latino Community Development and Public Policy at the University of Massachusetts Boston.


State House News Service
Monday, March 4, 2019

Senate lifts family cap in $144 Mil budget bill
By Colin A. Young


The Senate is proposing to eliminate a state limit on family welfare benefits as part of a $144 million mid-year spending bill that is poised to become the first significant piece of legislation passed this session by the Senate later this week.

New Senate Ways and Means Committee Chairman Michael Rodrigues proposed a new version (S 2181) of the supplemental budget bill passed last week in the House (H 3506) and the Senate teed it up for consideration at a full formal session this Thursday.

The Senate's version of the bill, which is intended to funnel money in the current fiscal year to state accounts that either have run out of cash or will soon run dry, comes with a bottom line of $143.9 million, about $9 million more than the House version, which clocked in at $135 million.

In its budget bill, the Senate is also proposing to eliminate the so-called cap on kids, the state law that precludes additional public benefits for families that have another child while already receiving aid. A majority of lawmakers in both branches -- 104 representatives and 27 senators -- have signed on in support of a bill (H 104, S 37) to lift the cap on family welfare benefits.

"This proposal is all about making sure we do everything we can to help the most vulnerable members of our Commonwealth," Rodrigues said in a statement. "It eliminates an outdated policy that harms children and families, supports critical heating assistance programs that help seniors and veterans stay warm, and demonstrates our commitment to offering a path of healing and justice for sexual assault survivors. In those ways and others, the proposed supplemental budget reflects our goals of ensuring economic security for all and strengthening public safety."

The House and Senate both voted last session, as part of the fiscal 2019 budget, to repeal the cap. Gov. Charlie Baker returned the proposal with an amendment offering additional welfare reforms, saying that he does not oppose lifting the cap but was concerned that without changes to the way aid is calculated, there would be inequity in the system.

Like the House version, the Senate's supplemental budget includes $30 million in funding for the low-income heating energy assistance program (LIHEAP) and about $10 million for emergency shelter assistance for families. House Ways and Means Chairman Aaron Michlewitz called LIHEAP "a critical program that has seen declining support from the federal government over the last year due to regulation changes."

Senate Ways and Means departed from the House's approach, though, on funding for the collection and testing of sexual assault evidence kits. When Gov. Charlie Baker filed the initial version of the mid-year budget bill (H 74), he requested about $16 million to be able to address a backlog of assault evidence kits.

While the House directed $8 million to the purpose -- Michlewitz said the $8 million will allow the state to "begin to address the backlog of assault kit tests and continue the progress we made last session with criminal justice reform" -- the Senate is proposing to fund the full $16 million of the governor's request.

The Senate version, like the House bill, does not include $5 million requested by Baker for a regional fentanyl interdiction program, meant to address the synthetic drug that has been a significant driver in the state's opioid overdose death epidemic.

The Senate version also mirrors the House bill in that it would provide $39 million for collective bargaining costs. Baker had requested $54 million for collective bargaining costs, but wrote in his filing letter that "$38 million is for contracts that are already in effect but only partially funded, while $1 million is for contracts that are newly ratified and ready to go into effect."

The rest of the funds he requested were to go into "a reserve for the remainder of anticipated fiscal 2019 collective bargaining costs, to be drawn upon once the relevant agreements are approved through legislation," Baker wrote.

The spending bill includes almost $1.5 million for "the costs associated with an independent statewide examination of the safety of gas distribution infrastructure" with a caveat that the state will levy assessments on the gas distribution companies "at a rate sufficient to produce the amount expended from this item."

In the wake of the natural gas disaster in the Merrimack Valley last year, Baker's administration contracted with Canadian company Dynamic Risk Assessment Systems Inc. to examine and make recommendations about "the physical integrity and safety of the natural gas distribution system and the operation and maintenance policies and practices of all natural gas distribution companies operating within the Commonwealth."

The Senate bill also contains some, but not all, of the policy changes sought by the governor, including technical changes to the short-term rental tax and regulation law to address the definition of rent and the way properties are registered in an online database.

When the House debated and unanimously approved its $135 million spending bill last week, state tax collections were running $400 million below benchmarks through January. By the time the Senate debates its version of the spending bill, the Department of Revenue is expected to have reported on state tax collections through February, a month in which state tax collectors are expecting to pull in $1.303 billion in tax revenue.

The Senate is planning to debate its supplemental budget during a full formal session on Thursday, starting at 11 a.m. The Senate did not establish a deadline by which senators must file amendments.


State House News Service
Monday, March 4, 2019

Excitement, uncertainty mark transportation debate, Spilka says
By Katie Lannan


Upgrading the state's transportation infrastructure while keeping the economy moving is like performing surgery on a patient who's simultaneously running a marathon, according to Senate President Karen Spilka.

Spilka made the analogy in a recent speech in which she discussed her plans to take a "30,000-foot view on transportation" and outlined a series of priorities for the Senate as it pursues policy options.

While the Legislature has a Transportation Committee made up of House and Senate members to review bills and make recommendations, Spilka is eyeing a process where the Senate can conduct its own work.

As has been frequent practice in recent years on major issue areas like health care, the Senate will form an "informal transportation working group" that Spilka said would take an "interdisciplinary" approach, involving members of her newly formed leadership team and chairs of relevant committees.

"Right now, I plan to focus less on individual policy proposals and more on bringing the right people to the table to get things done," Spilka said last week at a meeting of the board of the Boston-based group A Better City, according to her prepared remarks. "As I've said before -- I don't think we can afford to take any idea off the table right now when it comes to transportation -- either in terms of fixes, or in terms of how we pay for it."

A Better City in late February released a report tallying an $8.4 billion shortfall in revenues needed to ensure state roads, bridges and MBTA infrastructure are in a state of good repair over the next 10 years.

The amount of money required to maintain a state of good repair is "breathtaking," Spilka said. She said the state continues "to struggle with providing enough reliable public transportation - most notably in and out of Boston -- so that commuters feel comfortable leaving their cars at home."

"As a result, we all spend too much of our time sitting in -- and complaining about -- traffic," the Ashland Democrat said. "And as a result of all that traffic, we spend a lot of time worrying about our collective impact on the environment."

In response to the ABC report, Transportation Secretary Stephanie Pollack touted the increased investments in state transportation infrastructure and the MBTA. Baker administration officials also noted the ABC report included a list of transportation expansion and improvement projects that are no longer under consideration.

Calling transportation infrastructure and financing the policy area with the "most exciting and uncertain" future, Spilka said she hears agreement that the state must do something to address transportation but has yet to hear consensus on what the fix should be or how to get there.

Spilka detailed a series of principles she said should be included in any proposal the Senate either puts forward or agrees to. Among them are sustainability, access and affordability, connectivity across regions of the state, innovation, and achievability, including a way to pay for whatever the proposal entails.

Spilka said the Senate must also consider "responsiveness," saying ride-for-hire services Uber and Lyft have taken off because technology gives them the ability to "meet consumers where they are, while our current systems of public transportation require consumers to stand in the snow and rain for who knows how long to maybe get a seat."

She called for increased reliability, bigger service areas, and more competitive pricing to make public transportation more responsive to people's needs.

Lawmakers should also pay attention to "regional equity," Spilka said, and listen to residents and local officials from different parts of the state to understand their needs.

"To that end, I believe that if tolls are so great for some areas of the state, they should also be great for many other areas of the Commonwealth," said Spilka, whose 30-mile commute to Boston involves paying tolls on the Massachusetts Turnpike. "I joke about that, but as you are likely aware, toll equity has been important to me for a very long time. Regional equity is also the reason the Senate has passed legislation allowing for communities to finance transportation through regional ballot initiatives, and why Regional Transit Authorities will always be a priority of mine."

The Senate on more than one occasion has approved language that would allow regional ballot initiatives, where municipalities could group together to propose to their voters new local taxes that would fund transportation projects.

Last year, the Senate voted 27-10 to add a regional ballot initiative measure into an economic development bill. The measure did not survive talks with the House to make it into the version that ultimately became law.

Sen. Eric Lesser, a Longmeadow Democrat, filed a regional transportation initiatives bill (S 1694) this session. Nineteen other senators and 14 representatives have signed on as cosponsors.

At a briefing Wednesday with regional planning agencies, Lesser said supporters of the ballot initiatives are "making really great progress" advancing the issue. Dozens of states have already adopted them as a funding mechanism to support rapid rail systems and other projects, he said.

"How much longer, frankly, do our constituents in Springfield, or I met the gentleman in Brockton, or on the North Shore, have to wait for the State House to start adequately funding transportation?" Lesser said. "With regional ballot initiatives, local regional economies ... like the Pioneer Valley or the Berkshires or the North Shore could band together to fund and create and set up their own projects, whether that's the ferry service from the North Shore to Boston, or the Pioneer Valley north-south rail service from Greenfield to Springfield and even into New York City."


State House News Service
Monday, March 4, 2019

MBTA may be leaning too hard on riders, board member says
By Chris Lisinski


Reducing the MBTA's budget deficit next year and improving service will be possible thanks to new revenue from proposed fare increases, according to the authority. But one board member, aware of the pushback the hikes have drawn, wants the state to explore other ways of funding public transportation.

At the MBTA Board meeting on Monday, Brian Lang said it would be "completely wrongheaded" to generate new money for the system just by leaning more on commuters. Instead, he suggested, officials should pursue some combination of a higher gas tax, additional fees on rideshare services and a congestion-pricing toll system.

"We don't operate in isolation and we are never going to be able to have a world-class transportation system unless there's some kind of coordination and unless our political leaders grow a little bit of courage when it comes to taking these issue on, because it does mean to tax, to have fees," said Lang, a former meatpacker and bellman who serves as president of UNITE HERE Local 26, Boston's hotel and food service union. "The money's going to have to come from somewhere, and not just — I'm sorry, they're not customers, they're riders — from the people who are depending on riding every day."

Lang told reporters after the meeting he did not know if those proposals should fully replace a fare hike, but he did have his eye on at least lessening the MBTA's proposal. He requested a study on how the projected new revenue from higher fares would be affected if buses — which would increase from $1.70 to $1.80 per ride — as well as student and senior passes were kept level.

Officials say the fare hikes, which average 6.3 percent, would bring in an extra $32 million per year, on a budget that approaches $2.1 billion. They defend the push as necessary to pay for service upgrades and as a way to help achieve fiscal stability after a decade of upheaval.

Early projections use the proposed increases as a key way to improve the MBTA's finances. The baseline deficit is forecast to double in fiscal year 2020, according to a presentation by Paul Brandley, the authority's CFO.

However, through a combination of cost-cutting measures and fare increases, Brandley said that deficit could be cut from $74 million to $24.5 million, which would be about a third lower than fiscal year 2019. He expressed optimism about the authority's long-term financial trends, noting that revenues are expected to grow at a higher rate than operating expenses.

"This is critical to holding the line and continuing on the path toward fiscal sustainability," Brandley said.

Keeping revenue on an upward trend remains key. Own-source dollars, which come from advertising, parking and real estate, have increased about 60 percent since 2015, according to an earlier presentation Monday, and totaled $70 million in fiscal 2019.

However, the figure is still $30 million below the goal leaders wanted to hit by 2020, and that money is crucial for investments in the T's infrastructure. By statute, the authority is supposed to rely more on non-fare revenue for service improvements.

"My concern is that the reason for the statutory emphasis on own-source is in part so the fares are not the only place the T turns to when they want to make additional investments in performance and the system," said Transportation Secretary Stephanie Pollack. "While a lot of progress has been made and it's not easy, the kind of progress we hoped for five years ago is turning out to be harder than we thought."

Pollack noted that much of the criticism directed at the fare hikes has come from riders frustrated with performance. The numbers back that up: service quality has been a theme in 60 percent of the 2,500 public comments submitted, according to an MBTA analysis presented Monday. That figure is 38 percentage points higher than the second-most common theme, affordability.

Dozens of people, including 19 members of the Legislature's Boston delegation, spoke against the proposal last week, recounting overcrowded trains and frequent delays and warning of the economic and environmental impacts the plan would have. Boston City Councilor Michelle Wu, who argued that the T should be free, submitted a petition with 2,700 names opposing the hikes.

Some called for alternative funding sources, just as Lang did Monday. They called for an increase to the state's gas tax, which has been raised just once in the past 28 years, or for new taxes to fund transportation investments. Support for new transportation taxes has not been high on Beacon Hill in recent years, but ideas continue to draw attention as lawmakers can't avoid constituent concerns about both traffic and the MBTA.

One bill would implement a pilot program in the Sumner Tunnel to lower toll prices at off-peak hours, encouraging drivers to avoid contributing to congestion. Another would increase the state's 20-cent flat fee on TNC rides using platforms such as Uber and Lyft to an amount scaled by distance traveled.

Advocates argue targeting those companies will both bring in new money to support transit improvements and also encourage commuters to take public options more frequently, cutting down on traffic.

"As long as Uber and Lyft are allowed to go unfettered, particularly in our city, we're never going to be able to compete with them," Lang said during the FMCB meeting Monday. "To me, it's a travesty that the TNCs operate unfettered and that there's no public reward for the way they're operating."

A vote has not been scheduled, but the board could vote on fare hikes next week, at the earliest. The fare increases are scheduled to take effect July 1, if adopted.


State House News Service
Tuesday, March 5, 2019

Mass. union membership numbers at ten-year high
By Michael P. Norton


An estimated 464,000 Massachusetts workers counted themselves as union members in 2018, the most since 2009, according to new federal data.

The U.S. Bureau of Labor Statistics reported that union members accounted for 13.7 percent of wage and salary workers in Massachusetts last year. The U.S. average was 10.5 percent.

Federal data shows there were 476,000 union members in Massachusetts in 2009, the highest level in recent years, and union members accounted for 16.6 percent of the employed workforce that year.

Eight states had union membership rates below 5 percent in 2018 - North Carolina, South Carolina, Utah, Texas and Virginia. Two states had union membership rates over 20 percent in 2018: Hawaii and New York. More than half of the 14.7 million union members in the U.S. last year lived in California, New York, Illinois, Pennsylvania, Michigan, Ohio, and Washington.

In Connecticut, 16 percent of workers were union members, down from 17.5 percent in 2016, according to the data.


State House News Service
Tuesday, March 5, 2019

Lawmakers begin work on Baker's $42.7 Billion budget
By Colin A. Young


The new chairmen of the Joint Ways and Means Committee understand the task ahead of them: in the coming weeks, they must craft a more-than-$40-billion budget for a fiscal year that starts in July while the economic picture of the current fiscal year shifts beneath their feet.

Using the $42.7 billion fiscal year 2020 budget (H 1) Gov. Charlie Baker filed in January as a starting point, the budget-writing committee began its slate of public hearings Tuesday to give lawmakers their first real opportunity to grill the administration on its spending plans.

Senate Ways and Means Chairman Michael Rodrigues said he recognizes "the enormity" of the task facing he and House Chairman Aaron Michlewitz and called it "an undertaking that requires us to share responsibility as stewards of taxpayers' dollars and put forward a fiscally responsible budget that places our state on firm financial footing."

Fiscal responsibility was an early theme of Tuesday's hearing and was the subject of the first question for Administration and Finance Secretary Michael Heffernan. Michlewitz noted that "we had a rough December" and that state tax collections have come in below expectations in recent months, leaving the state staring at a $403 million revenue gap more than halfway through fiscal 2019.

Though he did not reveal any new information to the committee, Heffernan noted that state tax collections for February -- a month during which the state expects to have collected $1.303 billion in tax revenue -- would be announced later Tuesday.

"We'll have made a little bit of progress against that deficit," he foreshadowed.

The recent downward trend in state revenue collections, though not as serious as previous years, "reminds us that we have to exercise great caution and maintain awareness for continued fiscal challenges" during the budget process, Rodrigues said.

"As we all know, the state budget has an impact on our children, hard-working families, small businesses and the communities where our constituents live," he said.

At the outset of Tuesday's hearing, Heffernan laid out the governor's $42.7 billion budget proposal -- "a responsible budget for FY20 that reflects our shared priorities but most importantly meets the needs of the people of Massachusetts" -- which raises state spending by 1.5 percent and is built on the assumption that state tax revenues will meet projections this year and then grow by 2.7 percent next fiscal year.

The administration is counting on collecting $133 million in taxes on recreational marijuana sales, $28 million from new taxes on short-term housing rentals, $14 million from a tax on opioid manufacturers and $6 million from an expansion of tobacco excise taxes to e-cigarettes and vaping products.

Not all of that revenue is a sure thing. For example, the governor has proposed to tax opioid manufacturers 15 percent of their gross receipts from the sale of opioid products but the Legislature has not authorized the new levy. Heffernan said the state spends $266 million annually to fight the opioid epidemic.

"To ask the drug manufacturers who are partially responsible, if not wholly responsible, to pay $14 million as a downpayment towards our $266 million seems extremely reasonable to us," he said.

The Legislature has also not OK'ed Baker's proposed new excise taxes on vape and e-cigarette products. Heffernan said e-cigarettes and other paraphernalia would be subject to an effective tax rate of 20 percent -- mirroring marijuana products -- and that the actual vaping liquids would be taxed at a 40 percent rate.

"Vaping has really come into the under-21 community all across the state and putting it on a level playing field with tobacco products seems to be at least the first step," Heffernan said. "It's a fairness issue, but it's also trying to slow down the illegal use of vaping products."

At MassHealth, the state-run Medicaid program that serves 1.86 million residents and has grown to consume about 40 percent of state spending, Heffernan said the administration's efforts to "bend the MassHealth cost curve" have delivered "solid results" that have made the program not as great of a concern heading into the FY20 budget.

"In large part due to more sustainable growth at MassHealth, tax-supported spending growth in Massachusetts is now lower than tax revenue growth on a sustained basis," he said.

The governor's budget would fund MassHealth at $16.539 billion which Heffernan said represents a growth rate of 0.1 percent over the current budget year. Though gross MassHealth spending would increase just 0.1 percent, the net amount the state pays after federal reimbursements would rise 4.3 percent under Baker's budget plan to $6.586 billion.

The secretary said the budget assumes $80 million in savings at MassHealth's pharmacy program from two reforms: allowing MassHealth to negotiate drug prices directly with manufacturers and imposing new requirements on pharmacy benefits managers.

Responding to questions from Rep. Hannah Kane, Heffernan said $70 million of the savings MassHealth expects to see would come from direct negotiations on the price of the 20 most expensive drugs MassHealth purchases.

"It starts at about $100,000 and runs up ... that narrow list can run hundreds of millions of dollars to MassHealth," he said.

Heffernan also confirmed the $200 million Employer Medical Assistance Contribution assessments that lawmakers and Gov. Charlie Baker approved in 2017 to help defray the cost of MassHealth "will sunset by the end of calendar year 2019" as is called for in law. Business groups have pushed for those assessments to end sooner.

While Heffernan touched upon Baker's revamped plan to accelerate the process for large retailers to remit sales taxes to the state in a more timely manner -- netting $306 million in fiscal 2020 as one-time revenues -- Sen. Joan Lovely questioned how the administration planned to use that money for education.

"One-time needs and education don't usually go in the same sentence. I'm not trying to be flip, but can you just elaborate on how that $306 million will kind of be parsed out and how we don't depend on this funding source in years going forward," she asked.

Heffernan explained that the funding is "set up as one-time funds, not set up as recurring initiatives." He said $39 million would flow to the MBTA and another $39 million would flow to the School Building Authority. Then, $100 million would be deposited into a college scholarship initiative, $50 million would go into a public school improvement fund, $30 million would be dedicated for school safety improvements and $20 million would be marked for eliminating lead from school drinking water.

Though the state is expecting a relatively stable budget year 2020, economists have warned that the national economy, and the state's economy with it, could be headed toward a recession in the next 18 to 24 months.

"Our consensus view in light of a growing number of emerging risks and economic and political uncertainties is that caution is the watchword," economists at MassBenchmarks reported Monday.

Heffernan said the administration is expecting to make $297 million in deposits into the state's rainy day fund during FY20 as part of an effort "to protect the state budget from recession or other future disruption in the economy." Last year, the fund's balance topped $2 billion for the first time since fiscal 2008.

Rep. Russell Holmes noted that the last time the rainy day fund had a balance of $2 billion, the state budget was about $15 billion smaller, meaning the state had a greater share of its annual expenses socked away in the event of a downturn. He asked how the administration sees its long-term goal for the account's balance.

"I don't have a specific goal and I don't mean to be flip, but more is better," Heffernan said in response. "I take your point that the budget was larger than it was the last time we were at $2 billion."

The Joint Ways and Means Committee budget hearings continue next Monday in Needham.

Lawmakers will hold a total of eight hearings on the governor's budget proposal around the state through early April before the House rewrites the budget and debates its version of the spending plan in mid-April. The Senate is expected to follow suit and debate its own budget bill in May.


State House News Service
Tuesday, March 5, 2019

February revenue growth eats into state budget shortfall
By Katie Lannan


Stronger than expected tax revenue collections for the month of February took a bite out of what had been a more than $400 million gap so far this fiscal year, bringing the shortfall down to $292 million with four months left in the fiscal year.

The state Department of Revenue on Tuesday announced $1.43 billion in revenue collections in February, a total that landed $111 million, or 8.5 percent, above projections for the month.

Revenue collections for this fiscal year through February now total $17.52 billion, leaving the state $292 million or 1.6 percent behind projections. Collections at this point in fiscal 2019 are running $374 million, or 2.2 percent, higher than the same point in fiscal 2018.

Revenue Commissioner Christopher Harding said most major revenue categories performed as expected in February, historically the smallest tax collection month of the year. He said the state remains behind its benchmark "due to shortfall in estimated payments in December and January, a significant component of which is likely due to volatile capital gains."

Withholding collections in February were $107 million above the monthly benchmark. Harding said withholding revenue, which had been a problem area for the state, was the "primary contributor" driving February above projections.

"The remaining four months of the fiscal year, from March through June, have in the past contributed nearly 40% of total revenues on average, making it the largest four-month revenue period in each of the past 15 fiscal years," Harding said in a statement. "DOR will monitor revenue trends closely in the coming months."

The revenue figures came as House and Senate Ways and Means committee conducted their first hearing on Gov. Charlie Baker's $42.7 billion fiscal 2020 budget.

Senate budget chief Michael Rodrigues said during the hearing that the downward trend in state revenue collections in previous months "reminds us that we have to exercise great caution and maintain awareness for continued fiscal challenges" during the budget process.


State House News Service
Thursday, February 28, 2019

Justice reformers set their sights on life sentences
By Michael P. Norton


Now that the landmark 2018 criminal justice reform law is on the books, lawmakers are exploring additional ideas and "even harder work," as Sen. Jamie Eldridge put it Thursday, including the possibility of releasing prisoners serving life-without-parole sentences for the most serious crimes, including murder.

Eldridge and Rep. Mary Keefe on Thursday hosted a meeting of the Criminal Justice Reform Caucus where the focus was on legislation eliminating life sentences without the possibility of parole. Marc Mauer of the Sentencing Project said a record 206,000 people are serving life terms in prisons across the nation. That's more than the entire prison population in 1970, he said.

In Massachusetts, 1,018 people in 2016 were serving life sentence without the possibility of parole.

"There's beginning to be increasing questioning of these policies around the country," Mauer said, adding that "people age out of the high crime years" and pose "very much diminished" public safety risks in their older years.

Under legislation sponsored by Rep. Jay Livingstone (H 3358) and Sen. Joseph Boncore, all people serving life sentences would have the opportunity for a parole hearing after 25 years, a change in law that would apply retroactively so that it would affect people currently incarcerated. Both bills are titled "An Act to Reduce Mass Incarceration."

Noting the number of people serving life sentences has "skyrocketed," Eldridge said the bill deserves attention, although he told the News Service after the briefing that as chairman of the Judiciary Committee he needs to fully review the bill and declined to comment on his position on the legislation.

"We addressed some of the non-violent mandatory minimum drug crimes, repealing them last session," Eldridge said, referring to a law that also emphasized treating offenders for substance use addiction. "But now we need to get into, in some ways, the more nuanced discussions around people who are in prison for violent crimes and whether we should be changing the sentencing for some group of those individuals."

A provision in the 2018 law permitting medical parole, Livingstone said, shows lawmakers are open to changes that reduce incarceration costs while taking into account the danger that individuals pose if released from prison.

Asked about her position on the bill, Middlesex District Attorney Marian Ryan, who attended Thursday's briefing, told the News Service that she was still gathering information on the topic. In 1980, Ryan was the victim of a vicious assault and a witness to the murder of her then-boyfriend.

Ryan said the life-without-parole sentence is reserved for first degree murder, and outlined considerations for lawmakers weighing the bill.

"There's all of those considerations of - what are we trying to accomplish through incarceration? How has somebody behaved while in custody? And as is clearly true, none of us would ever want to be defined by the worst act of our lives," said Ryan, a veteran prosecutor whose district spans 54 cities and towns and includes a quarter of the state's population. "And then you have to weigh against that the loss that victims' families have suffered and sometimes it isn't just the immediate loss, it's the continuing piece. So, many of the things you heard about that continued for years when someone's in custody, obviously the same thing is happening on the other side. So it is a balance. And then obviously our overall goal is the protection of the public safety and the concern about - what does real rehabilition mean? When and is someone ready to be back out in society, while the rest of us are keeping folks safe?"

Livingstone, who attracted 27 co-sponsors to his bill, noted it's been 22 years since the last commutation of a sentence for a person serving life without parole. Commutations must be recommended by governors, and approved by the eight-member Governor's Council. He also said the bill would apply to convicted murderers, people with stacked sentences and those convicted under the "three strikes" law.

According to backers of the Livingstone and Boncore bills, Massachusetts has a lower overall incarceration rate than most other states but ranks second among all states for the highest percentage of its prisoners serving life-without-parole sentences.

The number of incarcerated men over the age of 60 increased 41 percent between 2010 and 2018, while the overall prison population declined by 18 percent, according to Prisoners' Legal Services of Massachusetts, and it's up to three times more expensive to house an elderly prisoner in the general population.

The proclivity to commit crime is "highly age dependent," the group said in literature distributed at the event, adding, "The peak age is in one's early to mid-twenties, and continues to decline as one ages. It makes little sense to mandate that a person in their twenties must stay in prison for the rest of their life without a chance to later determine if they still pose a threat to public safety. Incarcerating people who pose no threat is a waste of resources."

Membership in the caucus co-chaired by Eldridge and Keefe has increased in the past four years, Eldridge said, and the "standing room only" attendance at Thursday's briefing "reflects the fact that as much as we passed a major reform last session, there's still a need and an interest and enthusiasm for more reform."

 

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