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CLT UPDATE
Saturday, August 3, 2019

No-Veto Charlie's $43.3B budget keeps pols "fat, happy, and satiated"


Gov. Charlie Baker on Wednesday accomplished something House Speaker Robert DeLeo, who joined the Legislature in 1991, said he does not remember seeing happen before: signing the annual state budget without issuing a single spending veto.

Placing the bottom line at $43.3 billion, Baker signed the annual budget just after 10 a.m. Wednesday, nearly a full month after the start of fiscal 2020 on July 1.

The Republican governor also went along with the Democrat-controlled Legislature's tweaks to a drug pricing control measure he proposed in January, and its $5.2 billion in Chapter 70 aid to local schools, nearly $70 million more than he recommended in the budget proposal he filed in January along with a series of school funding reforms.

Responding to reporter questions after signing the bill in his office, Baker revealed that he did not slash any spending because "this budget's balanced." ...

DeLeo, who has been speaker since 2009 and before that served four years as House Ways and Means chairman, said he was "very pleased" to see a budget without any monetary vetoes, and that he could not remember a previous instance when a governor did not veto any spending.

"Quite frankly, that action I think says a lot in terms of the type of budget we put forward," he told reporters after meeting privately with House Democrats. "And no governor is ever afraid to veto or make changes or whatnot, so that's why I think we as a House are very proud of the job that the chair did and all the members of the House and their support."

The final budget increases spending 3.3 percent over fiscal 2019 estimates, and is built around a projected $30.099 billion in tax revenue, according to the Executive Office of Administration and Finance....

It assumes an income-tax rate reduction to from 5.05 percent to 5 percent on Jan. 1, 2020, more than 19 years after voters approved a ballot question calling for a 5 percent income tax rate.

State House News Service
Wednesday, July 31, 2019
Baker okays all spending in record $43.3 Bil budget


It wouldn't be July 31 at the State House without a little bit of drama and a surprise or two. And it wouldn't be August 1 at the State House without each side blaming the other for what didn't get done. This year was no exception....

Baker may have also made some gubernatorial history this week. No one on Beacon Hill seems to remember the last time a governor returned the Legislature a budget without vetoing a single cent in spending. Baker signed the $43.3 billion fiscal year 2020 budget Wednesday morning, 31 days after the fiscal year started.

Baker said he did not use his veto pen to trim any spending because "this budget's balanced." Left unsaid was the fact that House and Senate budget negotiators revised revenue projections for the fiscal year upward by $600 million, packing more spending into the final budget than either branch had originally authorized.

State House News Service
Friday, August 2, 2019
Weekly Roundup
By Colin A. Young


“Only a besieged governor embroiled in so many distractions, could not find a single cent of wasteful spending that needed his veto in a bloated $43.3 billion budget, an increase of almost $2 billion over last year’s spending,” said Chip Ford, executive director of Citizens for Limited Taxation.  “With a fiscal year 2019 ‘revenue surplus’ (over-taxation) bonanza of $2 billion to squander, Charlie Baker, who needs to be loved at any cost, had to keep all his friends in the Legislature happy with him — fat, happy, and satiated.”

Beacon Hill Roll Call
Friday, August 2, 2019
No vetoes of funding in $43.3 billion state budget
By Bob Katzen


Gov. Charlie Baker has wielded his veto pen every year since taking office in 2015, in part, to fulfill his campaign pledges to reduce government spending and weed earmarks from the state budget.

But this week, in an unprecedented move, the second-term Republican governor signed a $43.3 billion budget bloated with tens of millions of dollars worth of earmarks — without vetoing any spending measures.

Lawmakers padded the budget with funding for pet projects and programs in their districts during protracted deliberations, which helped drive up the cost of the final spending plan by $600 million.

Baker said he didn’t need to exercise his veto powers to trim spending, as he has done in the previous four years, because the state government is in “pretty good shape financially.”

“There are no money vetoes in here,” he told reporters at a budget signing on Wednesday. “Basically, we came to the conclusion that this budget is balanced now.”

His decision was welcomed by lawmakers, but panned by conservative watchdogs who accused the governor of abandoning his campaign pledges of fiscal restraint and responsibility....

Chip Ford, executive director of the Citizens for Limited Taxation, said Baker should have exercised his veto powers to trim some of the spending — even if only to send a message to lawmakers.

“He’s a Republican governor, who’s supposed to be fiscally conservative, and you mean to tell me he couldn’t find any wasteful spending in a $43 billion budget?” he said. “Something is wrong here.”

The Gloucester Times
Friday, August 3, 2019
Baker cedes in fight over earmarks


Governor Charlie Baker gave the equivalent of a big green checkmark to the $43.3 billion state budget hammered out by the Democrat-controlled Legislature, signing it into law Wednesday without vetoing any earmarks or other spending items.

Baker also accepted without complaint the Legislature’s language on the most complicated and controversial piece of the budget — a plan to cut prescription drug costs — even though it was weaker than he originally wanted.

“This budget is balanced,” said Baker, a Republican who has not been shy in using his veto pen in the past, when asked why he didn’t trim spending items. “From our point of view, the budget’s in pretty good shape financially.” ...

Baker’s decision to forego spending vetoes was probably made easier by the extra tax revenues that poured into state coffers this year. Tax collectors raked in hundreds of millions in revenue above expectations, though the Baker administration has not yet released a final number on how large the fiscal year-end surplus is....

The Massachusetts Legislature was the last in the country to finish its work on approving a final spending bill, among states with a fiscal year that begins July 1. State government didn’t shut down because lawmakers passed a temporary $5 billion budget in late June.

The Boston Globe
Wednesday, July 31, 2019
Baker signs off on Legislature’s budget without any spending vetoes


Police and fire, veterans services, community programs and athletics are among hundreds of beneficiaries of earmarks that made it into the $43.3 billion state budget signed by Gov. Charlie Baker on Wednesday.

The spending package, approved nearly a month into the 2020 fiscal year, includes more money for local governments and public schools, transportation upgrades and substance abuse programs. The final budget is about $400 million more than Baker proposed in January and will raise state spending by an estimated $1.6 billion or 4% over the next fiscal year.

Baker, a Republican, didn't veto any legislative pork barrel spending as he did in the previous four years, saying the budget is "balanced" and in "pretty good shape financially."

"We’re obviously going to pay a lot of attention to what happens to revenues in the first two quarters of the year, because we did have a lot of volatility in the revenue base for 2019," Baker told reporters at a budget signing on Wednesday. "So we’re going to work pretty hard to pay attention not just to the revenue side but also the spending side going forward."

To be sure, Baker vetoed $49 million from the $41.7 billion budget he signed a year ago, including about 300 earmarks. Lawmakers restored most of those cuts....

Lawmakers defend the practice of using budget earmarks as a means to get state money for local projects, since the executive branch largely controls statewide capital spending.

They also point out that better-than-expected tax collections – roughly $1.9 billion through the end of last year, according to the state Department of Revenue – meant more money was available to fund local projects.

The Salem News
Friday, August 2, 2019
Earmarks survive governor's veto pen
GOP hardliners criticize Baker for not axing money from budget


These are the big-ticket items that generated headlines when Governor Charlie Baker signed the state’s $43.3 billion budget Wednesday. But buried deep within the document are dozens of pet projects, some of them obscure and each one the product of intense behind-the-scenes lobbying by state lawmakers. Derided as pork-barrel projects, the earmarks fund everything from fireworks to fuel tanks. Given limited resources, critics say such projects should be chosen according to need and merit, not political influence. Here’s a sampling of a few that made it through the gantlet on Beacon Hill....

Representative Nika Elugardo, a Jamaica Plain Democrat who sponsored the [Daughters of Saint Paul] earmark, said it was the only one of five local projects she requested that was funded this year. Still, she said, she was pleased. “It seemed to me that Ways and Means made a strong effort to make sure everybody got something,” Elugardo said, referring to the powerful state House panel that oversees state spending.

The Boston Globe
Friday, August 2, 2019
Pet projects buried in the Mass. budget:
$227,610 for elevator maintenance and a trash-gobbling ‘watergoat’


Legislators this week broke for summer recess and left Beacon Hill with a fiscal 2019 budget surplus and a "credit positive" assessment of the fiscal 2020 budget from Moody's. However, House members, after joining the Senate to advance a $2 billion income surtax on wealthy taxpayers, are not content with the existing revenue flow and are already planning a fall debate on other revenue-raising options to invest in transportation.

State House News Service
Friday, August 2, 2019
Advances - Week of Aug. 4, 2019


As more and more Massachusetts residents cut the cord and turn to streaming video services instead of cable TV, a Dedham representative has filed a bill to charge a fee on streaming services like Netflix and Hulu to support community access stations.

On behalf of Massachusetts Community Media, Inc. (MassAccess), Rep. Paul McMurtry [D-Dedham] filed a bill (HD 4389) that would impose a fee on digital streaming providers equal to 5 percent of the revenue those companies earn in Massachusetts. Streaming providers that do not make at least $250,000 in annual revenue in Massachusetts would be exempted under the bill.

The money collected would be split between the state's general fund (20 percent), cities and towns (40 percent), and local access cable TV stations (40 percent)....

The bill, which has not yet been referred to a committee, was quick to attract attention and support from other lawmakers. As of Thursday afternoon, a bipartisan group of 85 legislators had signed onto McMurtry's bill as co-sponsors.

State House News Service
Thursday, August 1, 2019
Lawmakers line up behind streaming service fee bill


Chip Ford's CLT Commentary

So Massachusetts has another record-breaking first.  The first budget in anyone's memory passed by a Legislature with a super majority of Democrats and signed by a governor (Republican or Democrat) without a single veto.  This also must be the first budget in all of history — whether Massachusetts or the world — without a single cent of wasteful or unnecessary spending that — if nothing else — should to be highlighted for the public.

Barbara Anderson idolized Charlie Baker since she first met and got to know him back during the Proposition 2˝ campaign, before he went to work as executive director for the then-fledgling Pioneer Institute, then moved on as the young wunderkind of the Weld administration.  She was his biggest enthusiast for decades, urging him to run for governor then campaigning for his election when he finally did. Upon Charlie's first election as governor, in her column of November 6, 2014 Barbara wrote ("One for the win column"):

"I have waited a few decades for Charlie Baker to become the governor of Massachusetts, and here he is! ...

"This is personally significant for me. I was 37 years old when Citizens for Limited Taxation led the 1980 ballot battle for Proposition 2˝: Our ally was the Massachusetts High Technology Council. In order to help us keep this new statute, MHTC hired a communications guy — Charlie Baker, just out of college. It wasn’t long before some of us began looking forward to his eventual gubernatorial campaign.

"Now I’m 71 years old. When I add up my career wins and losses, this one rounds out the good news for me. And, someday, I can relax into retirement, knowing that Charlie will continue to protect Proposition 2˝. Will feel safer if he gets the ability to sustain a veto in the next election, though."

Before she passed away in April of 2016, just seventeen months after writing that column, Barbara had become disillusioned with Charlie.  He still had ignored his promise to Gerald Amirault, and he'd begun selling out, at least trading off what many of us thought were his core philosophical principles on government.  She once confided to me:  "Charlie's biggest problem is that he needs to be liked too much."

Since she said that I've watched and measured his every decision through that lens.  Barbara was as astute with that observation as she was with so many.  Charlie Baker needs to be liked too much by those around him.

On February 14th of this year Chip Faulkner, before he too passed away, told to me:  "It was bad enough that Charlie screwed Barbara on the Amiraults, but now he’s pushing not one but multiple tax increases.  Barbara would be going ballistic.  The only saving grace of her passing is that she's not alive to witness this."

All I can add to that is Amen.


Continuing with that thought, note that the budget which was delivered to Gov. Baker was reportedly $43.1 billion, but the one he signed was suddenly reported to be $43.3 billion a $200 million increase over what he reportedly received.

This is easily explained using the above Barbara Anderson Axiom.  Charlie is again simply trying to please everybody in his sphere.

You will recall in the CLT Update of Thursday, July 25 ("Speaker's $1.3 billion borrow-and-spend GreenWorks bill streaks through House") I noted:

The "business-backed" Massachusetts Taxpayers Foundation asserted that the reported $43.1 billion budget now on the governor's desk is actually half a billion taxpayers' dollars more than claimed — $43.6 billion.

This is the sort of accounting revelation that MTF does well, though its history of future revenue projections are less than reliable at best, often well off the mark. Adding up budget spending line items to reach a total is more straightforward than prognosticating future economic activity and predicting "anticipated revenue" using a crystal ball, tea leaves, chicken bones, or whatever.

With over a billion dollars of revenue "surplus" floating around on Beacon Hill, my money's on the budget's bottom line being closer to MTF's conclusion than that of the Legislature.

Trying to make all parties happy, as usual, Charlie merely split the difference and called the budget $43.3 billion.  (MTF is standing by its $43.6 billion analysis.)

And nobody thought to ask how that could have happened, or tried to explain it but here.


The good news out of this whole mess:

[The budget] assumes an income-tax rate reduction to from 5.05 percent to 5 percent on Jan. 1, 2020, more than 19 years after voters approved a ballot question calling for a 5 percent income tax rate.

It's too bad that Barbara Anderson and now Chip Faulkner too who were both driving forces instrumental to the signature drives (both of the two drives that it took) and the overwhelmingly successful 2000 ballot campaign win didn't live long enough to finally appreciate their and our success.

This is what happens when an entire generation elapses between a big victory by voters at the ballot box, and the disrespected voters finally being heeded by an arrogant, intransigent, greedy Legislature.

With a two billion dollar "revenue surplus" (over-taxation) and an additional two billion dollars in spending it sure would be difficult though in Massachusetts certainly not impossible to dodge rolling back the 1989 "temporary" income tax hike's final one-five-hundredths of one percent that remains thirty years later.


QUOTE OF NOTE:

Referring to the powerful House committee that controls state spending on the House side, Rep. Nika Elugardo (D-Jamaica Plain) said: “It seemed to me that Ways and Means made a strong effort to make sure everybody got something.”

Oh everybody got something alright and then some.  Two additional billions of dollars more than last year.


The State House News Service reported in its Advances for next week:

House members, after joining the Senate to advance a $2 billion income surtax on wealthy taxpayers, are not content with the existing revenue flow and are already planning a fall debate on other revenue-raising options to invest in transportation.

Even on the way out the door heading for "The Best Legislature Money Can Buy's" long summer vacation one lawmaker couldn't resist rubbing salt in the wounds of taxpayers with yet another grab for their wallets.

In rationalizing his bill (HD-4389) to jack up fees on cable TV costs Rep. Paul McMurtry [D-Dedham] said: "Fees charged to traditional cable providers support our local community media centers which are an important resource to local public, educational and government news and information. As consumers are offered alternative streaming methods we need to modernize our law to assure that community media centers are supported."

If McMurtry's honest intent is to assist "community media centers" then why does he propose they receive only 40 percent of the new revenue with the remaining 60 percent majority of it going to state (20%) and municipal (40%) governments?

The bill assaulting cable customers hasn't been assigned yet to a committee but already has a bipartisan group of 85 legislators signed onto it.  Bipartisan of course means Democrats and Republicans.  (See the amazing list of co-sponsors here.)

Message of the Week:  Isn't it so very nice when everybody on Bacon Hill gets along and plays together so well?

Chip Ford
Executive Director


 

State House News Service
Wednesday, July 31, 2019

Baker okays all spending in record $43.3 Bil budget
By Katie Lannan


Gov. Charlie Baker on Wednesday accomplished something House Speaker Robert DeLeo, who joined the Legislature in 1991, said he does not remember seeing happen before: signing the annual state budget without issuing a single spending veto.

Placing the bottom line at $43.3 billion, Baker signed the annual budget just after 10 a.m. Wednesday, nearly a full month after the start of fiscal 2020 on July 1.

The Republican governor also went along with the Democrat-controlled Legislature's tweaks to a drug pricing control measure he proposed in January, and its $5.2 billion in Chapter 70 aid to local schools, nearly $70 million more than he recommended in the budget proposal he filed in January along with a series of school funding reforms.

Responding to reporter questions after signing the bill in his office, Baker revealed that he did not slash any spending because "this budget's balanced."

Governors often find spending to veto, often significant amounts, and lawmakers are usually quick to override those vetoes and restore the spending. Baker last year vetoed $48.9 million from a $41.7 billion budget.

"The lieutenant governor and I and the secretary and a lot of our team spent a lot of time talking about the line item stuff, and basically came to the conclusion that this budget is balanced," the governor said. "We're obviously going to pay a lot of attention to what happens to revenues in the first two quarters of the year, because we did have a lot of volatility in the revenue base for 2019, so we're going to work pretty hard to pay attention not just to the revenue side but also the spending side going forward."

DeLeo, who has been speaker since 2009 and before that served four years as House Ways and Means chairman, said he was "very pleased" to see a budget without any monetary vetoes, and that he could not remember a previous instance when a governor did not veto any spending.

"Quite frankly, that action I think says a lot in terms of the type of budget we put forward," he told reporters after meeting privately with House Democrats. "And no governor is ever afraid to veto or make changes or whatnot, so that's why I think we as a House are very proud of the job that the chair did and all the members of the House and their support."

The final budget increases spending 3.3 percent over fiscal 2019 estimates, and is built around a projected $30.099 billion in tax revenue, according to the Executive Office of Administration and Finance.

Lawmakers dropped Baker's proposals to tax opioid manufacturers and extend the tobacco tax to e-cigarettes from their final spending plan. It assumes an income-tax rate reduction to from 5.05 percent to 5 percent on Jan. 1, 2020, more than 19 years after voters approved a ballot question calling for a 5 percent income tax rate.

The budget uses $33.5 million in one-time revenue and features a planned $476 million increase to the state's stabilization fund, which the administration said is on track to reach a $3.3 billion balance by the end of fiscal 2020.

The administration and the Legislature use slightly different measures to calculate the budget's bottom line. Budget conferees had said their final report clocked in at $43.1 billion, and Baker's $43.3 billion total includes some money carried over from fiscal 2019. The two also tally revenues differently.

During their negotiations, the conference committee led by Rep. Aaron Michlewitz and Sen. Michael Rodrigues revised revenue projections for this year upward by $600 million. Baker said that "even with that $600 million addition," the final spending plan relies on 1.4 percent growth in tax collections.

The Massachusetts Legislature this year was the last in the country to finalize a spending plan and send it to the governor.

Baker returned six amendments to lawmakers, two of which he said needed urgent action by lawmakers set to break after Wednesday for their traditional August recess. One would affect an upcoming wind power procurement, and the other specificies that the meals tax will still apply during the sales tax holiday weekend set for Aug. 17 and 18.

The budget aims to rein in prescription drug costs by authorizing the Executive Office of Health and Human Services to negotiate supplemental rebates for MassHealth on the most expensive drugs. The language differs from what Baker originally proposed in January, and the governor said that what lawmakers put forward "is workable and implementable, and we'll pursue it."

"I don't think the option, from our point of view, was to re-engage a debate that was so contentious and so intense over the course of the budget process itself, and I think we all respect where the Legislature landed on this one," he said.

Though he did not strike any spending from the budget, Baker did use his veto pen seven times, knocking out language within line-items that primarily proposed new reporting requirements for studies by state agencies. His vetoes include a feasibility study of using state property as a "staging area" for micro-mobility devices that could be used as transportation to and from MBTA stations, and a report on environmental justice policies and staffing.

The conservative Massachusetts Fiscal Alliance blasted Baker for not vetoing any earmarked spending, as he did in each of the last four budgets he signed.

"It's a failure in our democratic process when the branch of government charged with reigning (sic) in spending does not exercise its duty to use the line item veto," MassFiscal spokesman Paul Craney said in a statement. "Even Governor Patrick regularly vetoed the excessive earmark habits of the legislature."

Baker was joined for the budget signing by Lt. Gov. Karyn Polito, Administration and Finance Secretary Michael Heffernan and members of the governor's Black and Latino advisory commissions, who touted the inclusion of $20.3 million to support recommendations they made last year.


Beacon Hill Roll Call
Volume 44 - Report No. 31
July 29-August 2, 2019
By Bob Katzen


NO VETOES OF FUNDING IN $43.3 BILLION STATE BUDGET – In an unusual move, Gov. Charlie Baker signed the fiscal 2020 state budget into law without vetoing any of the $43.3 billion in spending approved by the House and Senate. Beacon Hill Roll Call talked to several Statehouse veterans and not one could remember any other time in the last four decades that the governor did not veto funding in the budget. Just last year, Baker vetoed $48.9 million from a $41.7 billion budget.

“The lieutenant governor and I and the secretary [of Administration and Finance] and a lot of our team spent a lot of time talking about the line item stuff, and basically came to the conclusion that this budget is balanced,” said Baker at the signing ceremony last week. “We’re obviously going to pay a lot of attention to what happens to revenues in the first two quarters of the year, because we did have a lot of volatility in the revenue base for 2019. So we’re going to work pretty hard to pay attention not just to the revenue side but also the spending side going forward.”

“Only a besieged governor embroiled in so many distractions, could not find a single cent of wasteful spending that needed his veto in a bloated $43.3 billion budget, an increase of almost $2 billion over last year’s spending,” said Chip Ford, executive director of Citizens for Limited Taxation. “With a fiscal year 2019 ‘revenue surplus’ (over-taxation) bonanza of $2 billion to squander, Charlie Baker, who needs to be loved at any cost, had to keep all his friends in the Legislature happy with him — fat, happy, and satiated.”


The Gloucester Times
Friday, August 3, 2019

Baker cedes in fight over earmarks
By Christian M. Wade, Statehouse Reporter


Gov. Charlie Baker has wielded his veto pen every year since taking office in 2015, in part, to fulfill his campaign pledges to reduce government spending and weed earmarks from the state budget.

But this week, in an unprecedented move, the second-term Republican governor signed a $43.3 billion budget bloated with tens of millions of dollars worth of earmarks — without vetoing any spending measures.

Lawmakers padded the budget with funding for pet projects and programs in their districts during protracted deliberations, which helped drive up the cost of the final spending plan by $600 million.

Baker said he didn’t need to exercise his veto powers to trim spending, as he has done in the previous four years, because the state government is in “pretty good shape financially.”

“There are no money vetoes in here,” he told reporters at a budget signing on Wednesday. “Basically, we came to the conclusion that this budget is balanced now.”

His decision was welcomed by lawmakers, but panned by conservative watchdogs who accused the governor of abandoning his campaign pledges of fiscal restraint and responsibility.

“It’s a failure in our democratic process when the branch of government charged with reining in spending does not exercise its duty to use the line item veto,” said Paul Craney, a spokesman for the Massachusetts Fiscal Alliance, a conservative watchdog group. “It’s sends a signal to the Legislature that it’s OK to spend as much as they want.”

Craney noted that every Massachusetts governor in recent history — both Republican and Democrat — has used their executive veto powers to reduce budgetary spending.

To be sure, Baker has vetoed hundreds of millions of dollars worth of earmarks and other spending proposals added to previous budgets, but lawmakers have overridden him to restore the funding.

Chip Ford, executive director of the Citizens for Limited Taxation, said Baker should have exercised his veto powers to trim some of the spending — even if only to send a message to lawmakers.

“He’s a Republican governor, who’s supposed to be fiscally conservative, and you mean to tell me he couldn’t find any wasteful spending in a $43 billion budget?” he said. “Something is wrong here.”

Earmarks were virtually eliminated during the recession to plug budget shortfalls.

But as the state’s economy improves, they’ve made a comeback.

House lawmakers loaded their version of the budget with 1,400 amendments ahead of deliberations in April.

In the upper chamber, senators filed nearly 1,200 budget amendments.

Baker vetoed $49 million from the $41.7 billion budget he signed a year ago, weeding out about 300 earmarks. Lawmakers, however, restored most of those cuts.

Lawmakers say the requests are important to their home districts as well as the state’s economy.

They point out that adding earmarks to the budget is often the only way to get money for local projects and initiatives, because the executive branch largely controls capital expenses.

“These aren’t wasteful pork projects,” said state Rep. Lenny Mirra, R-West Newbury, who secured several local earmarks, including $40,000 for a new bathroom facility on Plum Island. “They are very much needed in our communities.”

Lawmakers said better-than-expected tax collections — roughly $1.9 billion through the end of last year — freed more money to fund local projects without impacting state finances.

Baker was also under pressure to sign off on the spending package, which lawmakers delivered to his administration on July 22, three weeks after the start of the state’s new fiscal year.

Massachusetts was the last in the nation with a July 1 fiscal year to deliver a budget to the governor’s desk — for the second year in a row.

But Craney points out that using the budget as a vehicle to approve earmarks circumvents the checks and balances normally required for government-funded programs.

Earmarks are not subject to the state’s competitive bidding law or other fiscal requirements, he notes, and decisions about adding them to the budget are made in closed-door meetings.

“It’s horse trading,” Craney said. “If a lawmaker feels strongly that their district needs something, (it) should be put in a bill and debated on the floor of the House and Senate.”

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites.


The Boston Globe
Wednesday, July 31, 2019

Baker signs off on Legislature’s budget without any spending vetoes
By Victoria McGrane and Priyanka Dayal McCluskey


Governor Charlie Baker gave the equivalent of a big green checkmark to the $43.3 billion state budget hammered out by the Democrat-controlled Legislature, signing it into law Wednesday without vetoing any earmarks or other spending items.

Baker also accepted without complaint the Legislature’s language on the most complicated and controversial piece of the budget — a plan to cut prescription drug costs — even though it was weaker than he originally wanted.

“This budget is balanced,” said Baker, a Republican who has not been shy in using his veto pen in the past, when asked why he didn’t trim spending items. “From our point of view, the budget’s in pretty good shape financially.”

Signed into law a month after the start of the fiscal year, the budget plows nearly $270 million more into public school spending over current levels, increases funding to the University of Massachusetts without freezing tuition, and provides more than $20 million in programs recommended by black and Latino community members including those for early college and careers.

Baker’s decision to forego spending vetoes was probably made easier by the extra tax revenues that poured into state coffers this year. Tax collectors raked in hundreds of millions in revenue above expectations, though the Baker administration has not yet released a final number on how large the fiscal year-end surplus is.

The Governor did propose changes to a handful of policy sections, including asking lawmakers to quickly pass amendments changing the law governing bids for offshore wind contracts and the treatment of meal taxes during the state’s August sales tax holiday.

On the controversial prescription drug piece of the budget, Baker first proposed in January the measure intended to bring down the cost of the most expensive medicines covered by the state Medicaid program, or MassHealth. Drug costs have been growing faster than other expenses in MassHealth, which covers more than 1.8 million people.

The new policy will require drug companies to negotiate steeper discounts with state officials. If a company doesn’t negotiate, the state could post a proposed value for its drug and hold a public hearing about that value. The state Health Policy Commission also could demand more detailed price information from drugmakers, though much of that information would remain confidential.

Baker’s proposal had also sought to refer unreasonably priced drugs to the attorney general’s office for investigation, but legislators stripped that from the final version approved July 22.

Drug companies had lobbied against Baker’s original proposal but viewed the final language as less severe.

“We knew when we filed the drug pricing piece that it was going to be a controversial item — and it was,” Baker told reporters after signing the budget Wednesday morning. “I give the Legislature a lot of credit for working through that.

“We believe the version that they ultimately landed on is workable and implementable, and we’ll pursue it,” Baker said.

The Massachusetts Legislature was the last in the country to finish its work on approving a final spending bill, among states with a fiscal year that begins July 1. State government didn’t shut down because lawmakers passed a temporary $5 billion budget in late June.


The Salem News
Friday, August 2, 2019

Earmarks survive governor's veto pen
GOP hardliners criticize Baker for not axing money from budget
By Christian M. Wade, Statehouse Reporter


Police and fire, veterans services, community programs and athletics are among hundreds of beneficiaries of earmarks that made it into the $43.3 billion state budget signed by Gov. Charlie Baker on Wednesday.

The spending package, approved nearly a month into the 2020 fiscal year, includes more money for local governments and public schools, transportation upgrades and substance abuse programs. The final budget is about $400 million more than Baker proposed in January and will raise state spending by an estimated $1.6 billion or 4% over the next fiscal year.

Baker, a Republican, didn't veto any legislative pork barrel spending as he did in the previous four years, saying the budget is "balanced" and in "pretty good shape financially."

"We’re obviously going to pay a lot of attention to what happens to revenues in the first two quarters of the year, because we did have a lot of volatility in the revenue base for 2019," Baker told reporters at a budget signing on Wednesday. "So we’re going to work pretty hard to pay attention not just to the revenue side but also the spending side going forward."

To be sure, Baker vetoed $49 million from the $41.7 billion budget he signed a year ago, including about 300 earmarks. Lawmakers restored most of those cuts.

Paul Craney, a spokesman for the conservative Massachusetts Fiscal Alliance, criticized Baker's decision not to veto the spending in the current budget, calling it "a failure in our democratic process."

For lawmakers, Baker's decision not to use his veto pen means hundreds of millions of dollars for local projects will get funded with a nod from the governor.

Among dozens of local earmarks that made it into the final spending package, a proposal by Rep. Paul Tucker, D-Salem, will provide $2 million for a new grant program that seeks to help at-risk youth stay out of the criminal justice system and former inmates ages 18 to 25 make the transition back into society.

Rep. Ann Margaret Ferrante, D-Gloucester, roped in $100,000 for The Open Door food pantry in Gloucester, which helped Coast Guard families and other workers affected by the partial federal government shutdown earlier this year. She also secured $200,000 for shellfish research at the Gloucester Marine Genomics Institute.

And Rep. Lenny Mirra, R-West Newbury, got $40,000 for his hometown to build a public safety and bathroom facility on Plum Island and $30,000 for a youth community center in Georgetown, among other amendments.

Lawmakers defend the practice of using budget earmarks as a means to get state money for local projects, since the executive branch largely controls statewide capital spending.

They also point out that better-than-expected tax collections – roughly $1.9 billion through the end of last year, according to the state Department of Revenue – meant more money was available to fund local projects.

"We're spending it on good things," Mirra said. "These isn't superfluous stuff. This is what the voters expect and demand from state government."

Overall, Chapter 70 education funding for public schools will amount to more than $5.1 billion – a nearly $270 million increase over the previous year.

Direct aid to local governments – money that cities and towns use for everything from closing local budget shortfalls to hiring workers – will be more than $1.12 billion, a nearly $30 million increase.

Most communities will see slight increases in funding if Baker agrees to the final local aid allocations.

Baker did use his veto pen to ax proposals to study the use of "micro-mobility devices" between MBTA stations, and a proposal to study of environmental justice policies.

And the final spending plan does not include more than 80 policy changes, including Baker's proposals to impose a 15% tax on opioid manufacturers, extend the tobacco excise tax to vaping products and hike the tax on real estate transactions by 50% to help fund climate change preparations.

Lawmakers did agree to portions of Baker's proposal to reduce prescription drug costs through MassHealth, the state's Medicaid program that serves about 1.8 million residents.

Under the plan, the Executive Office of Health and Human Services is authorized to begin negotiating supplemental rebates with drug manufacturers to reduce the state's drug costs.

LOCAL PROJECTS FUNDED

Here are some highlights of spending in North Shore communities included in the state’s fiscal 2020 budget. The list is not all encompassing.

Danvers rail trail expansion: $100,000

Polish Legion of American Veterans Post 55 in Peabody (new elevator): $100,000

Peabody children's museum: $50,000

Peabody outdoor water recreational project: $50,000

Essex National Heritage Commission (future leaders program): $100,000

Route 1A upgrades in Wenham: $150,000

Marblehead Council on Aging (kitchen renovations): $100,000

Beverly Police and Fire (dispatch system software): $150,000

McPherson Youth Center in Beverly (repairs): $40,000

North Beverly train station (traffic and public safety upgrades): $100,000

Beverly Bass River dredging: $100,000

Swampscott Town Pier and Historic Fish House repairs: $100,000

Salem Forest River Park upgrades: $25,000


The Boston Globe
Friday, August 2, 2019

Pet projects buried in the Mass. budget:
$227,610 for elevator maintenance and a trash-gobbling ‘watergoat’
By Michael Levenson


Record funding for public schools. More than $1 billion in local aid for cities and towns. A controversial plan to cut prescription drug costs.

These are the big-ticket items that generated headlines when Governor Charlie Baker signed the state’s $43.3 billion budget Wednesday. But buried deep within the document are dozens of pet projects, some of them obscure and each one the product of intense behind-the-scenes lobbying by state lawmakers. Derided as pork-barrel projects, the earmarks fund everything from fireworks to fuel tanks. Given limited resources, critics say such projects should be chosen according to need and merit, not political influence. Here’s a sampling of a few that made it through the gantlet on Beacon Hill.

STATE HOUSE ELEVATORS: $227,610 to maintain the State House’s 16 newly installed elevators. The elevators, relied upon to ferry tourists and politicians escaping the press, were recently in the spotlight when WCVB-TV reported that they feature bronze fixtures, dark cherry laminate, marble-tiled floors, and state seals, and cost $10,299,000 to install — $483,160 more than anticipated. The latest round of state funding will pay for an elevator mechanic, ongoing maintenance, and emergency repairs, state officials said.

SUDBURY RIVER WATER CHESTNUTS: $20,000 to remove invasive water chestnuts that are choking the river, despite efforts to remove them by hand and with a water-chestnut harvesting machine that resembles a giant floating tractor. “The geese and the ducks can’t even move through it, and fish can’t even come up for air,” said Robert D. McArthur, Framingham’s conservation administrator. The state funding, he said, will help pay for a contractor to spray the water chestnut leaves with herbicide three times a year, in hopes of finally killing the plant.

STONE BARN ROOF REPAIRS: $50,000 to repair the roof of a 19th-century stone building in Hemlock Gorge in Wellesley, believed to be one of the last remaining industrial structures on the Charles River. The rustic “Stone Barn,” as it’s called, might have originally been part of Newton Iron Works. In recent years, it has been maintained by the Friends of Hemlock Gorge, which hosts twice-annual volunteer luncheons there. John Mordes, the group’s president, said if the roof is not fixed, the building could be ruined, destroying a rich piece of local history. “I was certainly someone who opposed the Bridge to Nowhere in Alaska,” he said. “But this is a worthy project.”

MUDDY RIVER WATERGOAT: $12,000 to buy a “Watergoat” to strain trash from the Muddy River, the meandering urban brook that runs through the Emerald Necklace, from Jamaica Pond to the Fenway. The contraption — actually a net attached to buoys and a long boom — will stretch across the river and trap bottles, cans, and wrappers without entangling turtles, birds, and fish, said Caroline Reeves of the Muddy Water Initiative, an environmental group. “It’s not a farm animal but, like a goat, it gobbles up the trash, and we are so excited about it,” she said. The earmark will pay for the $5,900 device, two engineers to install it, and a contractor to haul away the garbage, as part of a broader effort to restore the river, Reeves said.

THE DAUGHTERS OF SAINT PAUL: $15,000 to repair the roof on the Jamaica Plain home of the Daughters of Saint Paul, a group of Catholic nuns who run a publishing house and spread the Gospel through books, magazines, and other media. The congregation, founded in Italy in 1915, counts some 2,000 members in 52 countries. Representative Nika Elugardo, a Jamaica Plain Democrat who sponsored the earmark, said it was the only one of five local projects she requested that was funded this year. Still, she said, she was pleased. “It seemed to me that Ways and Means made a strong effort to make sure everybody got something,” Elugardo said, referring to the powerful state House panel that oversees state spending.

MARSHFIELD DOG PARK CLEANUP: $10,000 to help the Friends of the Marshfield Dog Park, a citizens’ group, clean up the town’s first dog park, once it is built. Steve Darcy, the group’s president, said the park’s location has not yet been announced and it may not open for another two years. But the state funding, he said, will pay for lawn-mowing, a contractor to clean up waste, and a plastic-bag dispenser mounted on a post.

JULY FOURTH FIREWORKS SHOW: $50,000 to help the Boston Symphony Orchestra produce the Boston Pops Fireworks Spectacular, the annual July Fourth extravaganza that draws an estimated 500,000 people to the Esplanade. The show receives corporate funding from Eaton Vance and Bloomberg, but the orchestra said it still ends up with a nearly $1 million annual shortfall to stage the event. Orchestra officials said the $50,000 will be help pay for the television broadcast and concert, guest artist fees, installation of the sound towers and giant screens along the Charles River, and the giant fireworks show. In the future, the BSO said, it is committed to finding additional private funding.

LUNENBURG GAS TANKS: $165,000 to remove and replace underground fuel tanks at the Lunenburg Department of Works. The tanks, used to gas up the town’s police cruisers, fire engines, and school buses, are 25 years old and at risk of leaking, Police Chief James P. Marino said. “We want to prevent something from happening,” he said. “It’s not something you want to take a chance with.”


State House News Service
Friday, August 2, 2019

Advances - Week of Aug. 4, 2019


Legislators this week broke for summer recess and left Beacon Hill with a fiscal 2019 budget surplus and a "credit positive" assessment of the fiscal 2020 budget from Moody's. However, House members, after joining the Senate to advance a $2 billion income surtax on wealthy taxpayers, are not content with the existing revenue flow and are already planning a fall debate on other revenue-raising options to invest in transportation.

Until then, they can look back at a final work product that's a tad underwhelming.

Over the first seven months of the two-year session, the Legislature and Gov. Charlie Baker agreed to 50 new laws. The new statutes include 15 that affect only one community and 20 authorizing state employees to donate sick, personal or vacation days to ill colleagues.

The more notable new laws temporarily lift a price cap intended to hold down offshore wind costs, ban the use of conversion therapy to change the gender identity or sexual orientation of minors, and eliminate a policy that precludes families already receiving welfare beneits from getting additional benefits when they have another child.

It's unclear how long lawmakers will wait to wrap up work on a life-saving bill aimed at cracking down on distracted driving or when they will return to Beacon Hill to override Gov. Charlie Baker's veto, issued Friday, of the so-called Janus bill.

As lawmakers broke for their recess, they left in their wake frustration among those who had hoped for action on bills addressing education funding and inequities, generating new housing to meet people's needs and grow the economy, and jumpstarting Baker's attempt to expedite MBTA improvements with $50 million in emergency funds sought by the T.

By Wednesday, forces who want any type of new law in Massachusetts and are willing to do the work to go to the ballot must file initiative petition language with the state to keep their proposals in the mix for November 2020.

The ability to spend August in their districts comes as a relief to many lawmakers, who will be able to find reprieve from the growing traffic congestion that has made it more difficult for anyone to get anywhere in Massachusetts. Delayed arrivals have become more common, and the Baker administration's study of the problem, and solutions, has also been delayed, but is now marked for release early next week. Its arrival in early August, during a slower period on Beacon Hill and around Massachusetts, may offer those interested in the issue to spend a little more time on it.


State House News Service
Thursday, August 1, 2019

Lawmakers line up behind streaming service fee bill
By Colin A. Young


As more and more Massachusetts residents cut the cord and turn to streaming video services instead of cable TV, a Dedham representative has filed a bill to charge a fee on streaming services like Netflix and Hulu to support community access stations.

On behalf of Massachusetts Community Media, Inc. (MassAccess), Rep. Paul McMurtry filed a bill (HD 4389) that would impose a fee on digital streaming providers equal to 5 percent of the revenue those companies earn in Massachusetts. Streaming providers that do not make at least $250,000 in annual revenue in Massachusetts would be exempted under the bill.

The money collected would be split between the state's general fund (20 percent), cities and towns (40 percent), and local access cable TV stations (40 percent).

"This legislation is a much-needed update to the way consumers receive digital entertainment streaming services. Multimillion-dollar media companies are using our public rights of way to deliver their product, yet are not paying their fair share for that use," McMurtry said. "Fees charged to traditional cable providers support our local community media centers which are an important resource to local public, educational and government news and information. As consumers are offered alternative streaming methods we need to modernize our law to assure that community media centers are supported."

The bill, which has not yet been referred to a committee, was quick to attract attention and support from other lawmakers. As of Thursday afternoon, a bipartisan group of 85 legislators had signed onto McMurtry's bill as co-sponsors.

McMurtry and supporters say the bill would "create parity" between cable providers, which currently pay some revenue back to cities and towns for local programming, and streaming services. MassAccess said that most local access TV stations "are seeing declining revenue from cable franchise fees for the first time in their histories" as consumers move away from cable TV in favor of streaming options.

There were 2,193,384 cable TV subscriptions in Massachusetts in 2013, but by 2018 cable subscriptions had dropped off by almost 7 percent, falling to just more than 2 million total subscribers, according to data from the state's Department of Telecommunications and Cable.

MassAccess said streaming providers rely on local infrastructure to sell their product to millions of Massachusetts residents, "yet pay nothing to use that infrastructure." The group said McMurtry's bill seeks to hold streaming services to similar rules and regulations as traditional cable providers.

"For decades, the funding provided by cable companies has helped provide funding to support vital programs at the municipal level -- including community media centers and PEG [public, educational and government] channels," Melinda Garfield, president of MassAccess, said. "Community Media centers and PEG channels serve the community, they are an important and vital resource that we need to protect. These new streaming services should be held to the same standards, accept the same responsibilities, and make the same contributions as cable companies."

Other states have already imposed similar fees on digital streaming services, including Florida, Iowa, Minnesota, Nebraska, North Carolina, Ohio, Pennsylvania, South Dakota and Washington, MassAccess said.

 

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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