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CLT UPDATE
Monday, July 22, 2019

Don't blink or you'll miss the budget's passage


The mercury is rising, optimism is growing and lawmakers now have a buckeye on their back after Ohio beat them to a two-year budget accord that Gov. Mike DeWine inked his name to on Thursday.

So then there were four.

Massachusetts, North Carolina, New Hampshire and Oregon are the last states in the country who started their fiscal years on July 1 without a finalized budget in place for fiscal 2020.

The Massachusetts House and Senate, however, have the special distinction of being the last Legislature to not have at least agreed amongst themselves. New Hampshire Gov. Chris Sununu and North Carolina Gov. Roy Cooper vetoed the respective budgets sent their way, and Oregon Gov. Kate Brown is still working her way through the plan she received....

"On behalf of our fellow conferees, we're pleased to announce that the Conference Committee has made great progress towards reaching an agreement on the FY2020 Budget. Over the weekend, the committee will complete the work needed to finalize the agreement," Michlewitz and Rodrigues said.

But could the damage already be done?

Baker said that apart from the uncertainty created by the lack of full budget, he is concerned that all the time spent waiting for a deal is crowding out other priorities. And it does appear that the Legislature is prepared at this point to coast into the August recess without having tackled major issues like climate change, education funding reform or sports betting, to name just a few issues.

Those can all get added to the fall agenda when DeLeo has promised a tax and transportation financing debate that could be another all-consuming spectacle.

State House News Service
Friday, July 19, 2019
Weekly Roundup - The heat is on


Three weeks after the start of the new fiscal year, Democratic leaders finalized a fiscal 2020 budget agreement over the weekend to end a weeks-long stalemate and authorize $43.1 billion in state government spending over the next year.

The deal, which is expected to be voted on Monday by both the House and Senate, puts the state in position to potentially have a budget in place in time for the Legislature to avoid having to approve another stopgap spending measure. If Gov. Charlie Baker signs it within 10 days, Massachusetts may also avert being the last state in the country without a signed full-year budget, as it was last year.

After negotiations that began in early June, House and Senate leaders chose not to include new taxes on opioid manufacturers or e-cigarettes and vaping products. Both tax plans were initially proposed by Republican Gov. Charlie Baker and backed by the Senate, but the House felt they should go through the committee process.

The budget also dropped the Senate's proposed freeze on tuition at the University of Massachusetts next year, and did not increase funding for the five-campus system beyond the $558 million recommended by the governor and both branches, making a tuition hike for students next year likely.

The bill (H 4000) does include a plan to control pharmaceutical drug costs that closely resembles the one that passed the House after intense lobbying by the life sciences and biopharmaceutical industries....

The final budget's bottom line, according to legislative officials, was boosted by optimism tied to surging tax collections that allowed negotiators to increase collection expectations for the the coming year by nearly $600 million....

"It took awhile but in the middle of trying to put all the pieces together we had this significant and very much welcome news that revenues were just pouring in quicker than we thought and we wanted to see if we could accommodate," said Rodrigues, who also highlighted investments in community colleges, public universities, substance abuse treatment and mental health.

The revised tax estimates also led budget negotiators to increase the assumed deposit into the "rainy day" fund from capital gains at the end of fiscal 2020 by $230 million, which would put the balance of that reserve fund above $3 billion. And the School Building Authority and the MBTA also automatically receive an additional $23 million each based on the revised revenue assumptions.

The budget bill was filed late Sunday afternoon, days after the chief negotiators – Michlewitz and Rodrigues – signaled Friday in a statement that they planed to wrap up work this weekend.

Both branches planned formal sessions for Monday in anticipation of the deal. The Legislature is the last in the country with a fiscal year start date of July 1 to finalize a budget accord, though the governors in three other states – New Hampshire, North Carolina and Oregon – have still not signed a budget for fiscal 2020....

Baker will have 10 days to review the budget from whenever it reaches his desk, and will be in Colorado until Wednesday where he is attending the annual meetings of the Republican Governors Association.

The other conferees – Reps. Denise Garlick and Todd Smola and Sens. Cindy Friedman and Viriato deMacedo – all signed the agreement.

Rodrigues said the only "new revenues" in the budget come from enhanced enforcement of online sales taxes and increases in registry of deeds filing fees to support the Community Preservation Act.

State House News Service
Sunday, July 21, 2019
Drug price controls included in $43.1 Bil budget accord


Three weeks into the fiscal year, legislative leaders on Sunday filed a compromise state budget proposal that plows nearly $270 million more into public school spending, increases funding to the University of Massachusetts without freezing tuition, and spends hundreds of millions more dollars than either the House or Senate initially proposed.

The $43.1 billion proposal, which lawmakers expect to pass and send to Governor Charlie Baker on Monday, also includes compromise language aimed at curbing the cost of prescription drugs in the state Medicaid program — a time-consuming debate during lawmakers’ weeks-long negotiations.

Overall, the bill tacked on $317 million more in spending than either the House or Senate had approved as part of its own debate in the spring, in addition to setting aside hundreds of millions more for the state’s reserves and $23 million more for the MBTA and Massachusetts School Building Authority. That’s because an expected budget surplus prompted negotiators to rely on a rosier fiscal forecast for the current fiscal year....

Massachusetts is the only state in the country with a fiscal year starting July 1 in which the Legislature has yet to pass a final spending bill. State government has not shut down because lawmakers passed a temporary $5 billion budget in late June, but the delay in reaching a budget deal had prompted House Speaker Robert A. DeLeo to call on Baker to file another stopgap spending measure.

The Boston Globe
Sunday, July 21, 2019
Deal struck on $43 billion state budget, drug price controls


Chip Ford's CLT Commentary

By the time you read this the long-overdue state budget will likely be passed in the Legislature and sitting on the governor's desk for his signature.

After 52 days of conference committee budget talks the white smoke rose above the State House yesterday evening announcing a budget that's 22 days overdue has finally been agreed upon by the six holy Cardinals of the Conference Committee.  The Committee Cardinals compromised on the initial budget of $42.7 Billion by generously increasing spending by another $400 million, to $43.1 Billion.  Another classic Beacon Hill Compromise.

In the CLT Update of July 21, 2018 ("The budget aftermath slowly revealed"), I wrote of last year's budget "compromise":

The Massachusetts House wanted to spend $41.52 billion of our money next year. Those “skinflints” in the State Senate want to spend a mere $41.49 billion. (That’s what passes for “fiscal conservatism” in the Bay State.)

Shortly after 10 a.m. yesterday, after hard-fought negotiations that went weeks past the July 1 deadline, the two sides finally hammered out a compromise: $41.88 billion.

If you noticed that this figure is higher than both of the original budget numbers — congratulations! You’re not only smarter than a fifth grader, you’re overqualified to serve as a state legislator in Massachusetts.

This is a classic Beacon Hill “compromise.”

The House and Senate is supposed to vote on the conference committee compromise budget early today, four days later than last year's late budget.  What took the past 52 days to create in utter secrecy a budget document funding the entire state government for the fiscal year that not one of the other 194 legislators will have seen until this morning, if even then will blast through both chambers in the blink of an eye, rubber stamped into passage.  It will be adopted without a clue by "The Best Legislature Money Can Buy" none but the six Cardinals having any idea what it contains.

The State House News Service noted on Friday:

Baker said that apart from the uncertainty created by the lack of full budget, he is concerned that all the time spent waiting for a deal is crowding out other priorities. And it does appear that the Legislature is prepared at this point to coast into the August recess without having tackled major issues like climate change, education funding reform or sports betting, to name just a few issues.

Those can all get added to the fall agenda when DeLeo has promised a tax and transportation financing debate that could be another all-consuming spectacle.

Assuming, as I do, that this is a fait accompli with the Legislature now going through the motions, it cements the Massachusetts Legislature's reputation as again producing the final, last state budget in the nation.  Tied with Ohio as last until last Thursday, "The Best Legislature Money Can Buy" held out for the title and holds onto it.

I've been following second-latest Ohio's progress as well as that of Massachusetts.

Ohio's legislature passed its two-year budget late Wednesday and sent it on to Gov. Mike DeWine.  He signed it on Thursday.

It included a 4% reduction of Ohio's personal income tax, eliminated the lowest two brackets (those earning less than $21,750 a year will pay no state income taxes) and restored $1.2 billion in annual tax breaks for small businesses.  Ohio's FY2020 budget just past increased spending by 4.3% to $33.9 billion; next fiscal year will rise to $35.9 billion.  Ohio is done with state budgets until 2021.

The Columbus (Ohio) Dispatch
Thursday, July 18, 2019
Ohioans will get 4% tax cut, business breaks remain in new budget bill

The Columbus (Ohio) Dispatch
Thursday, July 18, 2019
Gov. Mike DeWine signs budget but vetoes PBM changes

The (Youngstown, Ohio) Vindicator
Thursday, July 18, 2019
Gov. DeWine signs next 2-year, $69B Ohio budget, with 25 vetoes

Kentucky's current two-year budget was adopted last year; the next state budget doesn't come up until January.  This was not a budget year in Kentucky (a "long session") when its legislature is constitutionally permitted to remain in session until no later than the end of April.  It's General Assembly, as mandated by the Kentucky the state constitution, adjourned for this year (a "short session") by the end of March.

According to the State House News Service:

Baker said that apart from the uncertainty created by the lack of full budget, he is concerned that all the time spent waiting for a deal is crowding out other priorities. And it does appear that the Legislature is prepared at this point to coast into the August recess without having tackled major issues like climate change, education funding reform or sports betting, to name just a few issues.

Those can all get added to the fall agenda when DeLeo has promised a tax and transportation financing debate that could be another all-consuming spectacle.

A promised tax and transportation financing debate.  That's one promise you can take to the bank, something to prepare for in the weeks and months ahead, folks.

Chip Ford
Executive Director


 

State House News Service
Friday, July 19, 2019

Weekly Roundup - The heat is on
Recap and analysis of the week in state government
By Matt Murphy


The mercury is rising, optimism is growing and lawmakers now have a buckeye on their back after Ohio beat them to a two-year budget accord that Gov. Mike DeWine inked his name to on Thursday.

So then there were four.

Massachusetts, North Carolina, New Hampshire and Oregon are the last states in the country who started their fiscal years on July 1 without a finalized budget in place for fiscal 2020.

The Massachusetts House and Senate, however, have the special distinction of being the last Legislature to not have at least agreed amongst themselves. New Hampshire Gov. Chris Sununu and North Carolina Gov. Roy Cooper vetoed the respective budgets sent their way, and Oregon Gov. Kate Brown is still working her way through the plan she received.

Gov. Charlie Baker met with House Speaker Robert DeLeo on Thursday morning, presumably to discuss the situation and whether another interim budget to cover state expenses through August will be necessary. DeLeo asked for a second interim budget on Monday, but Baker said he's hoping to avoid having to file one.

"I've talked to a lot of people in the Legislature today about the budget and I'm feeling a little more optimistic than I was on Monday that this might all get resolved," he said as he stepped onto an elevator.

Sure enough, the House on Friday scheduled a formal session for Monday in anticipation of a possible deal over the weekend. The Senate followed suit. And then this statement from the Ways and Means chairmen.

"On behalf of our fellow conferees, we're pleased to announce that the Conference Committee has made great progress towards reaching an agreement on the FY2020 Budget. Over the weekend, the committee will complete the work needed to finalize the agreement," Michlewitz and Rodrigues said.

But could the damage already be done?

Baker said that apart from the uncertainty created by the lack of full budget, he is concerned that all the time spent waiting for a deal is crowding out other priorities. And it does appear that the Legislature is prepared at this point to coast into the August recess without having tackled major issues like climate change, education funding reform or sports betting, to name just a few issues.

Those can all get added to the fall agenda when DeLeo has promised a tax and transportation financing debate that could be another all-consuming spectacle....

STORY OF THE WEEK: Planning to stay cool this weekend as Beacon Hill waits for the white smoke of a celebratory budget cigar.


State House News Service
Sunday, July 21, 2019

Drug price controls included in $43.1 Bil budget accord
By Matt Murphy


Three weeks after the start of the new fiscal year, Democratic leaders finalized a fiscal 2020 budget agreement over the weekend to end a weeks-long stalemate and authorize $43.1 billion in state government spending over the next year.

The deal, which is expected to be voted on Monday by both the House and Senate, puts the state in position to potentially have a budget in place in time for the Legislature to avoid having to approve another stopgap spending measure. If Gov. Charlie Baker signs it within 10 days, Massachusetts may also avert being the last state in the country without a signed full-year budget, as it was last year.

After negotiations that began in early June, House and Senate leaders chose not to include new taxes on opioid manufacturers or e-cigarettes and vaping products. Both tax plans were initially proposed by Republican Gov. Charlie Baker and backed by the Senate, but the House felt they should go through the committee process.

The budget also dropped the Senate's proposed freeze on tuition at the University of Massachusetts next year, and did not increase funding for the five-campus system beyond the $558 million recommended by the governor and both branches, making a tuition hike for students next year likely.

The bill (H 4000) does include a plan to control pharmaceutical drug costs that closely resembles the one that passed the House after intense lobbying by the life sciences and biopharmaceutical industries.

"There were some complex issues, particularly on the outside sections of this budget that took some time to negotiate and some of these policy pieces take a long time to get done, but we're happy to finally come to an agreement on some of these important issues that we face in the commonwealth and get this budget to the governor's desk," said Rep. Aaron Michlewitz, the chair of the House Ways and Means Committee.

The drug pricing compromise authorizes the Executive of of Health and Human Services to negotiate supplemental rebates for MassHealth on the most expensive drugs, but would not force drug companies to testify before the Health Policy Commission at a public hearing if a price agreement can't be reached, according to officials.

The bill does not include a process for the HPC to refer drug companies to the attorney general for possible prosecution under the consumer protection laws, and leaves it up to the Baker administration if it wants to publish a recommended price for certain drugs.

House officials said they thought the AG referral was "redundant," and chief Senate budget negotiator Michael Rodrigues said the attorney general's office made clear they do not need a referral to bring a consumer protection case against a drug company for unfair pricing.

Drug companies would face financial penalties, however, if they fail to confidentially share pricing data with the Health Policy Commission, and Rodrigues said he thought it would "say a lot" if manufacturers refused to appear at a hearing and answer questions.

Michlewitz said that drug pricing was one of the policies in the budget that took longer to resolve, and Rodrigues called it "the most complicated piece."

The final budget's bottom line, according to legislative officials, was boosted by optimism tied to surging tax collections that allowed negotiators to increase collection expectations for the the coming year by nearly $600 million.

Some of the money went into priorities like a fund to help struggling nursing homes, which will receive $50 million – the combined recommendation of both the House and Senate. The budget also sets up a task force to be led by Health and Human Services Secretary Marylou Sudders to study the nursing home industry's challenges and report back early next year.

The conference committee also adopted the Senate's higher recommendation for nearly $5.18 billion in Chapter 70 public school aide, an increase of $269 million from last year.

"It took awhile but in the middle of trying to put all the pieces together we had this significant and very much welcome news that revenues were just pouring in quicker than we thought and we wanted to see if we could accommodate," said Rodrigues, who also highlighted investments in community colleges, public universities, substance abuse treatment and mental health.

The revised tax estimates also led budget negotiators to increase the assumed deposit into the "rainy day" fund from capital gains at the end of fiscal 2020 by $230 million, which would put the balance of that reserve fund above $3 billion. And the School Building Authority and the MBTA also automatically receive an additional $23 million each based on the revised revenue assumptions.

The budget bill was filed late Sunday afternoon, days after the chief negotiators – Michlewitz and Rodrigues – signaled Friday in a statement that they planed to wrap up work this weekend.

Both branches planned formal sessions for Monday in anticipation of the deal. The Legislature is the last in the country with a fiscal year start date of July 1 to finalize a budget accord, though the governors in three other states – New Hampshire, North Carolina and Oregon – have still not signed a budget for fiscal 2020.

Michlewitz and Rodrigues, both new to their roles, said they worked well with one another despite the length of time it took to strike a deal.

"We had some disagreements on certain polices but that's the nature of things," Michlewitz said. "We both had chambers to represent in the room and in the discussions but it never became anything more than the typical back and forth needed to come to common ground."

Baker will have 10 days to review the budget from whenever it reaches his desk, and will be in Colorado until Wednesday where he is attending the annual meetings of the Republican Governors Association.

The other conferees – Reps. Denise Garlick and Todd Smola and Sens. Cindy Friedman and Viriato deMacedo – all signed the agreement.

Rodrigues said the only "new revenues" in the budget come from enhanced enforcement of online sales taxes and increases in registry of deeds filing fees to support the Community Preservation Act.

The conferees also included a provision that would allow the Baker administration to lift for one year an offshore wind energy price cap that restricts the price of power from new procurements to no higher than in the previous contract.

And beginning next year, UMass officials would be required to meet with the Ways and Means and Higher Education Committees in January to review their financial plans to potentially avoid the kind of public back-and-forth over funding that occurred this year.

"It will begin the process of having better communication between the Legislature and UMass," Rodrigues said.


The Boston Globe
Sunday, July 21, 2019

Deal struck on $43 billion state budget, drug price controls
By Matt Stout and Priyanka Dayal McCluskey


Three weeks into the fiscal year, legislative leaders on Sunday filed a compromise state budget proposal that plows nearly $270 million more into public school spending, increases funding to the University of Massachusetts without freezing tuition, and spends hundreds of millions more dollars than either the House or Senate initially proposed.

The $43.1 billion proposal, which lawmakers expect to pass and send to Governor Charlie Baker on Monday, also includes compromise language aimed at curbing the cost of prescription drugs in the state Medicaid program — a time-consuming debate during lawmakers’ weeks-long negotiations.

Overall, the bill tacked on $317 million more in spending than either the House or Senate had approved as part of its own debate in the spring, in addition to setting aside hundreds of millions more for the state’s reserves and $23 million more for the MBTA and Massachusetts School Building Authority. That’s because an expected budget surplus prompted negotiators to rely on a rosier fiscal forecast for the current fiscal year.

The bill also slashed plans for new taxes on opioid manufacturers and vaping products, both of which Baker had proposed.

As expected, the proposal puts a heavy emphasis on beefing up school spending. It would add $268.4 million to the state’s current contribution to public school funding, officially known as Chapter 70, pushing total aid to nearly $5.18 billion. It’s the same amount the Senate had passed in May in what officials then called the largest one-year hike in the last two decades.

It also includes a $39 million increase for the University of Massachusetts system. But it drops language the Senate passed to freeze in-state tuition and fees, making it very likely UMass officials will hike costs for students in the fall. In its place, the bill requires that university officials meet with lawmakers in January to detail their spending.

“This is a good first step. I think the message was sent that we’re going to take higher education [funding] as seriously as we take K-12,” said Senator Michael Rodrigues, the Senate’s budget chair.

Massachusetts is the only state in the country with a fiscal year starting July 1 in which the Legislature has yet to pass a final spending bill. State government has not shut down because lawmakers passed a temporary $5 billion budget in late June, but the delay in reaching a budget deal had prompted House Speaker Robert A. DeLeo to call on Baker to file another stopgap spending measure.

The move sparked questions of just how long negotiations could drag on, but both chambers’ budget chairs said they were hopeful the state would not need another placeholder to supplement the $5 billion appropriation, even though the 10-day window Baker is given to review the budget could carry into August.

“All in all, I wish we would have completed it three weeks ago,” Rodrigues said Sunday. “It’s a good, fiscally responsible budget. Hopefully tomorrow, the House and Senate can vote on it and send it to the governor.”

Lawmakers also reached a compromise on a controversial proposal to tackle prescription drug spending in the $16 billion MassHealth program, the state’s version of Medicaid. Their budget deal gives administration officials more authority to negotiate prices with drug manufacturers, and it would allow the administration to set a proposed value for expensive drugs and to hold public hearings about the proposed value.

The compromise budget allows the administration to refer an expensive drug to the state Health Policy Commission for further review. The commission could then demand detailed information about the drug price.

Baker’s original proposal went further, allowing the Health Policy Commission to refer drug makers to the attorney general’s office for investigation under consumer protection law.

The compromise budget does not include the mechanism to refer drug companies to the attorney general, and it would not force drug companies to testify before the Health Policy Commission at a public hearing.

Rodrigues said lawmakers spoke with Attorney General Maura Healey, who said “very clearly” that she has the authority to intercede without a specific referral.

The debate around drug pricing was marked by heavy lobbying from industry groups such as the Massachusetts Biotechnology Council. Industry lobbyists argued that Baker’s proposal went too far; they said it would punish innovative companies while chilling investment in the sector.

Senators largely sided with Baker in their budget proposal, while the House softened the language.

“I think the process that we have in place will allow for us to accomplish the goal that we all want, to lower drug prices,” said Representative Aaron Michlewitz, the House’s budget chair.

Massachusetts Biotechnology Council president Robert K. Coughlin said the Legislature’s compromise on drug pricing is “the most severe Medicaid drug pricing reform in the country and is not a win for the life sciences industry.” But Coughlin thanked House and Senate budget negotiators for leaving out “the most radical language proposed by the Baker administration.”

 

NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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