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CLT UPDATE
Tuesday, July 23, 2019

Budget whizzes to Gov's desk


The House and Senate on Monday adopted a $43.1 billion annual budget that lawmakers said offers the largest annual increase ever in K-12 education spending, a $269 million boost.

House budget chief Rep. Aaron Michlewitz said the budget raises spending by $1.6 billion, or 4 percent over fiscal 2019, with the education investments coming as lawmakers continue work on an education funding bill.

By a 158-0 vote in the House and 39-1 in the Senate, lawmakers accepted the bill (H 4000), which includes drug pricing controls and does not include Senate proposals to freeze UMass tuition and fees or implement new taxes on opioid manufacturers and vaping products.

Budget negotiators missed their July 1 budget deadline and ultimately made their reconciliation effort easier by increasing their tax revenue collection estimate by nearly $600 million and driving more than half of those expected collections into spending....

The votes of approval came less than 24 hours after a six-member conference committee filed its compromise spending plan on Sunday afternoon.

House members applauded the news that the bill would raise the state rainy day fund balance to $3.3 billion. When the bill reached the Senate, budget chief Sen. Michael Rodrigues said $4.5 billion, about 10 percent of spending, was the "ideal" level for that fund's balance....

Sen. Marc Pacheco, a Taunton Democrat, was the only lawmaker to vote against the compromise budget. He voiced concern with language regarding offshore wind procurements, which he said could ultimately result in higher rates for customers....

The business-backed Massachusetts Taxpayer Foundation said the budget accord is based on revenue assumptions that are "overly optimistic" by about $166 million and does not cover about $168 million in expected costs.

State House News Service
Monday, July 22, 2019
Lawmakers send $43.1 Billion budget to Gov. Baker


State accountants have not yet verified how much money is left over from above-expectation tax collections in fiscal year 2019, but lawmakers have already decided how to spend the first $30 million of it.

The budget accord (H 4000) filed Sunday and passing through both branches on Monday afternoon directs the state's comptroller to transfer $10 million from any fiscal 2019 surplus to the Massachusetts Life Sciences Investment Fund and another $20 million to the Massachusetts Community Preservation Trust Fund.

The funding for the CPA Trust Fund, which is distributed to cities and towns that use the Community Preservation Act to preserve open space, build affordable housing, and renovate historic buildings and parks, represents a win for the scores of municipal chief executives who wrote to legislative leaders asking for an infusion of up to $20 million from the surplus.

The initial idea of the CPA was for the state to match 100 percent of what each participating municipality raised through its own property tax surcharge to preserve open space, renovate historic buildings and parks and to build new playgrounds and athletic fields. But as more communities adopted the CPA, each town's share of the pie has become smaller as the state has not held up its part of the bargain.

"Without this money, the statewide match will be an estimated 11 percent," the 101 municipal officials wrote in a June letter coordinated by the Community Preservation Coalition and the Metropolitan Area Planning Council. "This short-term solution for 2019, coupled with the long-term fix for 2020 and beyond, will ensure a viable, vibrant, and enduring CPA."

Through 11 months of fiscal 2019, state tax collections totaled $26.511 billion, $952 million more than the budget benchmark, and $1.873 billion or 7.6 percent more than the same fiscal year-to-date period in 2018, the Department of Revenue reported. DOR is expected in coming days to detail tax collections for the full fiscal year and verify the size of the surplus.

Some of the surplus money -- including any capital gains revenues exceeding $1.2 billion -- is already bound for the state's stabilization fund, but lawmakers could have an opportunity to spread the unrestricted surplus funds around between numerous priorities. A $636 million automatic deposit of capital gains revenues for fiscal 2019 through May into reserves reduced the potential fiscal 2019 revenue surplus to $805 million, pending June tax collections, the News Service reported last month.

State House News Service
Monday, July 22, 2019
Surplus, fee revenues to feed community preservation


The House is expected on Wednesday to debate and vote on legislation Speaker Robert DeLeo has championed to provide $1 billion over 10 years to help cities and towns prepare for and adjust to climate change.

The so-called "GreenWorks" bill is on the docket for consideration before the full House during Wednesday's formal session, according to a scheduling email from the speaker's office. DeLeo had said he wanted a vote on his bill before lawmakers take a summer recess, typically at the end of July.

The bill (H 3941) would create the GreenWorks infrastructure program and allocate $1 billion over 10 years via grants through the Executive Office of Energy and Environmental Affairs. DeLeo's plan would see the state borrow the money -- a total of $1.295 billion -- and make the 20 years of debt payments exempt from the state's statutory debt ceiling....

Gov. Charlie Baker filed a similar bill (S 10) that would raise the state's real estate transfer tax to generate the funding necessary to provide the same $1 billion over 10 years to protect properties and help cities and towns cope with climate change impacts.

State House News Service
Monday, July 22, 2019
Speaker's climate change bill to get House vote Wednesday


With the annual fiscal 2020 budget behind them, House lawmakers on Tuesday were gearing up for consideration of House Speaker Robert DeLeo's plan to invest $1 billion in borrowed funds over the next 10 years into projects that will help cities and towns prepare for and respond to the effects of climate change.

The speaker's "Greenworks" bill (H 3987), which was filed by Rep. Thomas Golden, is on tap for Wednesday, but the House gave it initial approval Tuesday and set a deadline of 5 p.m. for amendments to be filed to the Ways and Means redraft.... The House will return for a full formal session on Wednesday to take up the climate change bill after Democrats and Republicans meet together in private for a mandatory ethics training on the state's conflict of interest law.

State House News Service
Tuesday, July 23, 2019
House Session - Tuesday, July 23, 2019


Chip Ford's CLT Commentary

As predicted, the House and Senate conference committee released its report late Sunday evening, after 52 days of behind-closed-doors secret deliberations then, after a lightning-fast ritual vote in both chambers it was whizzed right over to the governor's desk.  Nobody in the Legislature but those six committee conspirators had any idea what was in that final $43.1 Billion dollar spending agreement when they arrived to work at the State House on Monday morning.

Nonetheless, by Monday afternoon the massive ghost-written budget had been unanimously passed (but for one vote in the Senate 158-0 in the House and 39-1 in the Senate) and landed on the governor's desk with a heavy thud.

The $42.7 Billion budget passed by the House and Senate in late May was unilaterally expanded by the conference committee "compromise" by spending an additional $400 Million, bringing total spending up to $43.1 Billion.

This budget raises spending by $1.6 billion, or 4 percent over fiscal 2019, that ended in June.

The new budget transfers some $700 Million of the "revenue surplus" (aka, over-taxation) into the state's "rainy day fund," increasing its balance to $3.3 billion, up from $2.6 Billion on June 18.  Senate Ways & Means chairman Sen. Michael Rodrigues said "$4.5 billion, about 10 percent of spending, was the 'ideal' level for that fund's balance," according to a State House News Service report.

Recognize that as spending is increased by a billion or more taxpayers' dollars every year (a record $1.6 billion increase in this budget), that a "10 percent ideal level" for the state's slush fund will continue to demand increased feeding, to fund perpetually expanded spending when the next cyclical economic downturn inevitably arrives.

The State House News Service noted ("Surplus, fee revenues to feed community preservation"):

Through 11 months of fiscal 2019, state tax collections totaled $26.511 billion, $952 million more than the budget benchmark, and $1.873 billion or 7.6 percent more than the same fiscal year-to-date period in 2018, the Department of Revenue reported. DOR is expected in coming days to detail tax collections for the full fiscal year and verify the size of the surplus.

Some of the surplus money -- including any capital gains revenues exceeding $1.2 billion -- is already bound for the state's stabilization fund, but lawmakers could have an opportunity to spread the unrestricted surplus funds around between numerous priorities. A $636 million automatic deposit of capital gains revenues for fiscal 2019 through May into reserves reduced the potential fiscal 2019 revenue surplus to $805 million, pending June tax collections, the News Service reported last month.

Remember the word permutation games I noted in a recent Update, and add to it "Surplus Funds."  Surplus funds is also archaically known as "over-taxation" — more money extracted from taxpayers than is necessary to fund government.


Tomorrow the House will bring up and debate Speaker Bob DeLeo's personal "GreenWorks" bill (H-3987) advocating for "climate mitigation" or "climate resiliency" or whatever we're calling it today.  He intends for the state to borrow $1.295 billion over twenty years (apparently including the cost of interest) to spend $1 billion.  To accomplish this he intends to suspend the state's debt ceiling.

What The Speaker For Life wants so badly The Speaker For Life will get.  Expect a party-line vote at best with all Democrats voting in lockstep with the Speaker as usual, but don't be surprised or too disappointed if many Republicans join in.


While I was following the second-latest state in the nation still wrangling with its state budget — Ohio — to see which would come in dead last, I couldn't help but note a few other comparisons I expect you too will find of interest:

●  Ohio passed its FY2020-21 two-year budget last week.  It funds the first of the two fiscal years covered by its passage with $33.9 billion.

●  As of 2019, Ohio has an estimated population of 11.72 million.

●  Massachusetts just sent its FY2020 budget — the latest in the nation to the governor.  It intends to spend $43.1 billion.  That's $9.2 BILLION more than Ohio.

●  As of 2019, Massachusetts' estimated population stands at 6.94 million.  That's 4.78 million fewer residents than Ohio.

On top of that, Ohio's budget completed last Thursday included a 4% reduction of its personal income tax, eliminated the lowest two tax 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.

If that tale of two states doesn't make you stop and think nothing will.

Chip Ford
Executive Director


 

State House News Service
Monday, July 22, 2019

Lawmakers send $43.1 Billion budget to Gov. Baker
By Michael P. Norton


The House and Senate on Monday adopted a $43.1 billion annual budget that lawmakers said offers the largest annual increase ever in K-12 education spending, a $269 million boost.

House budget chief Rep. Aaron Michlewitz said the budget raises spending by $1.6 billion, or 4 percent over fiscal 2019, with the education investments coming as lawmakers continue work on an education funding bill.

By a 158-0 vote in the House and 39-1 in the Senate, lawmakers accepted the bill (H 4000), which includes drug pricing controls and does not include Senate proposals to freeze UMass tuition and fees or implement new taxes on opioid manufacturers and vaping products.

Budget negotiators missed their July 1 budget deadline and ultimately made their reconciliation effort easier by increasing their tax revenue collection estimate by nearly $600 million and driving more than half of those expected collections into spending.

As the budget moved to Gov. Charlie Baker for his consideration, administration officials declined to say whether they agreed with the revenue markup. The governor was in Colorado Monday at Republican Governors Association meetings and Administration and Finance Secretary Michael Heffernan was not available.

The votes of approval came less than 24 hours after a six-member conference committee filed its compromise spending plan on Sunday afternoon.

House members applauded the news that the bill would raise the state rainy day fund balance to $3.3 billion. When the bill reached the Senate, budget chief Sen. Michael Rodrigues said $4.5 billion, about 10 percent of spending, was the "ideal" level for that fund's balance.

Michlewitz identified housing, education, and family planning as major investment areas, with Chapter 70 funding rising to $5.18 billion.

The state is "hitting the reset button" on charter school reimbursements with the goal of fully funding the system in the next two years, he said, and the budget adds $20 million to increase rates paid to early education providers.

Nursing homes will receive $50 million in supplemental rates under the budget "to ensure that our seniors get the care that they deserve," Michlewitz said, and a task force will be formed to look at ways to stabilize the industry.

Sen. Marc Pacheco, a Taunton Democrat, was the only lawmaker to vote against the compromise budget. He voiced concern with language regarding offshore wind procurements, which he said could ultimately result in higher rates for customers. Pacheco said he would urge Baker to send that section back with an amendment.

Marie-Frances Rivera, president of the Massachusetts Budget and Policy Center, called the revenue markup the "most notable feature" of the budget accord, but said that even with the funding increase, K-12 aid is about $78 million below the most progressive of the K-12 funding reform proposals pending before the Legislature.

"Though these additional investments are welcome, it is possible that this revenue growth will not last forever," Rivera said in a statement. "While revenue growth estimates remain strong for the coming fiscal year, expectations are that the national and state economies will slow eventually and state revenue collections will follow suit. A few, unexpected 'boom years' do not change the underlying fact that Massachusetts has a long-term problem with inadequate revenues."

The business-backed Massachusetts Taxpayer Foundation said the budget accord is based on revenue assumptions that are "overly optimistic" by about $166 million and does not cover about $168 million in expected costs.

Katie Lannan contributed reporting


State House News Service
Monday, July 22, 2019

Surplus, fee revenues to feed community preservation
By Colin A. Young


State accountants have not yet verified how much money is left over from above-expectation tax collections in fiscal year 2019, but lawmakers have already decided how to spend the first $30 million of it.

The budget accord (H 4000) filed Sunday and passing through both branches on Monday afternoon directs the state's comptroller to transfer $10 million from any fiscal 2019 surplus to the Massachusetts Life Sciences Investment Fund and another $20 million to the Massachusetts Community Preservation Trust Fund.

The funding for the CPA Trust Fund, which is distributed to cities and towns that use the Community Preservation Act to preserve open space, build affordable housing, and renovate historic buildings and parks, represents a win for the scores of municipal chief executives who wrote to legislative leaders asking for an infusion of up to $20 million from the surplus.

The initial idea of the CPA was for the state to match 100 percent of what each participating municipality raised through its own property tax surcharge to preserve open space, renovate historic buildings and parks and to build new playgrounds and athletic fields. But as more communities adopted the CPA, each town's share of the pie has become smaller as the state has not held up its part of the bargain.

"Without this money, the statewide match will be an estimated 11 percent," the 101 municipal officials wrote in a June letter coordinated by the Community Preservation Coalition and the Metropolitan Area Planning Council. "This short-term solution for 2019, coupled with the long-term fix for 2020 and beyond, will ensure a viable, vibrant, and enduring CPA."

Through 11 months of fiscal 2019, state tax collections totaled $26.511 billion, $952 million more than the budget benchmark, and $1.873 billion or 7.6 percent more than the same fiscal year-to-date period in 2018, the Department of Revenue reported. DOR is expected in coming days to detail tax collections for the full fiscal year and verify the size of the surplus.

Some of the surplus money -- including any capital gains revenues exceeding $1.2 billion -- is already bound for the state's stabilization fund, but lawmakers could have an opportunity to spread the unrestricted surplus funds around between numerous priorities. A $636 million automatic deposit of capital gains revenues for fiscal 2019 through May into reserves reduced the potential fiscal 2019 revenue surplus to $805 million, pending June tax collections, the News Service reported last month.

Though the House and Senate budgets both authorized an increase in CPA funding starting next year, that money will not be available to CPA communities until fall 2020.

The House and Senate voted to increase the recording fees that feed the CPA Trust Fund from $20 to $50 for most documents and from $10 to $25 for municipal lien certificates, a change that the Community Preservation Coalition estimates will provide the trust fund with an infusion of $36 million in new money each year.


State House News Service
Monday, July 22, 2019

Speaker's climate change bill to get House vote Wednesday
By Colin A. Young


The House is expected on Wednesday to debate and vote on legislation Speaker Robert DeLeo has championed to provide $1 billion over 10 years to help cities and towns prepare for and adjust to climate change.

The so-called "GreenWorks" bill is on the docket for consideration before the full House during Wednesday's formal session, according to a scheduling email from the speaker's office. DeLeo had said he wanted a vote on his bill before lawmakers take a summer recess, typically at the end of July.

The bill (H 3941) would create the GreenWorks infrastructure program and allocate $1 billion over 10 years via grants through the Executive Office of Energy and Environmental Affairs. DeLeo's plan would see the state borrow the money -- a total of $1.295 billion -- and make the 20 years of debt payments exempt from the state's statutory debt ceiling.

Filed initially by Rep. Thomas Golden, the DeLeo-favored bill has cleared the Joint Committee on Telecommunications, Utilities and Energy, and the House Committee on Bonding, Capital Expenditures and State Assets. It is now before the House Ways and Means Committee, with a House Bonding Committee redraft pending as an amendment.

Gov. Charlie Baker filed a similar bill (S 10) that would raise the state's real estate transfer tax to generate the funding necessary to provide the same $1 billion over 10 years to protect properties and help cities and towns cope with climate change impacts.

 

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


Citizens for Limited Taxation    PO Box 1147    Marblehead, MA 01945    (781) 639-9709

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