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CLT UPDATE
Saturday, November 2, 2019

The hits (on taxpayers) just keep on coming!


Legislative leaders are having such difficulty spending hundreds of millions in revenue they already have, it's only fair to wonder what will happen when the focus turns to raising revenue they don't.

Beacon Hill might soon find out.

With less than three weeks until the Legislature breaks for the year, House Speaker Robert DeLeo and a small team of top deputies kicked off their week by hunkering down in his office to hone in on a plan to raise new money for investments in transportation.

Majority Leader Ronald Mariano and Transportation Committee Co-Chair Rep. William Straus said a pre-recess debate in the House is still the goal, and it's a timeline they think they can meet, though they'll be cutting it close....

Apart from raising fees on ride-for-hire service, the business groups that DeLeo challenged this spring to coalesce around a revenue plan are predictably torn over the possibility of options like raising the gas tax.

The gas tax, which Straus has all but guaranteed to be part of the revenue solution, is especially controversial in light of how gas prices are likely to rise, even modestly, under the novel cap-and-invest program Gov. Charlie Baker is negotiating with other states to reduce vehicle emissions....

Mariano said the House leaders have "started to put some numbers next to the strategies," but the size of the revenue package they will seek has not yet been determined.

The size of the surplus from fiscal 2019, however, is better understood. And yet the House and the Senate appear stalemated over not just how to spend it, but on the basic procedures of how to get a bill to Gov. Charlie Baker's desk.

Comptroller Andrew Maylor wrote to legislators letting them know that for every day that goes by starting on Friday, the state is losing out on about $30,000 in interest it could be accruing from a sizeable deposit planned for the "rainy day" account....

This week, even in the face of Thursday's deadline, neither branch blinked, jeopardizing interest the state could be earning in an account designed to weather the next recession, which may be sooner than anyone would like....

The start of negotiations on a compromise education funding reform bill went a bit smoother. The conference committee led by Rep. Alice Peisch and Sen. Jason Lewis was named Monday and met for the first time on Thursday - Halloween.

Peisch and Lewis told the group and reporters there was nothing to be afraid of.

"I'm very confident that we will reconcile the very modest differences, in my opinion, between the Senate and the House bill and hopefully we will soon have legislation on Governor Baker's desk," Lewis said during the initial public portion of their now-private talks.

State House News Service
Friday, November 1, 2019
Weekly Roundup - A Taxing Process
Recap and analysis of the week in state government


The Legislature has put only a few major laws on the books so far in 2019, but six-member conference committees now have custody of distracted driving, children's health and the landmark $1.5 billion education funding bills. Those bills could be sprung at any time for floor votes or remain for an extended period in the dark recesses of conference.

The bill designed to get motorists to finally stop texting while driving has been in conference since June. One bill that can't wait much longer, legislation allocating the big fiscal 2019 surplus, remains in limbo as November begins.

State finance officials have said such closeout budget bills should be handled by the end of August, following the June 30 end of the fiscal year. But the Legislature generally takes August off and since there are no ramifications for being late other than some forgone interest earnings - currently estimated at $500,000 plus $30,000 a day after Nov. 15 - and some negative attention from credit rating agencies, lawmakers in recent years have taken more and more time to settle these supplemental spending bills....

Formal sessions, which are held to consider bills that require debate or roll calls, are scheduled to end this off-election year by the third Wednesday in November, or Nov. 20.

Both branches start the week with informal sessions on Monday. The Senate plans a formal session Thursday to take up a bill improving campaign finance reporting for legislative candidates. The House will be looking to hold formal sessions next week, with the schedule hinging on when or whether bills are ready for votes.

State House News Service
Friday, November 1, 2019
Advances - Week of Nov. 3, 2019


The Massachusetts Legislature was the last in the nation to enact an annual budget this year and now their drawn-out deliberations over last year's state budget are about to cost the taxpayers real money.

Comptroller Andrew Maylor faces a Thursday deadline to file the state's annual Statutory Basis Financial Report closing the books on spending and revenues for the fiscal year that ended June 30, almost four months ago. But here's the problem: the Legislature still isn't done spending last year's revenues.

Beacon Hill talks on a final fiscal 2019 supplemental budget only started to heat up this month, and House and Senate Democrats are currently looking at two different bills that spend most of last year's budget surplus, while proposing rainy day savings account deposits of between $350 million and $400 million....

Basing his calculations on the financial report being issued on Nov. 15, Maylor projected forgone interest on expected stabilization fund revenues of more than $500,000, an amount he estimated will increase by more than $30,000 each day beyond Nov. 15.

Calling it a "measurable downstream impact" of not filing the financial report on time, Maylor wrote, "I realize that this amount may not seem important, but as a taxpayer and someone who spent more than 25 years in local government, that sum is meaningful."

State House News Service
Tuesday, October 29, 2019
Late Budget Means Half a Mil in Forgone Interest


A spending bill allocating the big fiscal 2019 surplus and depositing hundreds of millions of dollars into the state's rainy day fund was still stuck in a twilight zone Thursday as lawmakers recessed for the weekend and gave no indication that the issue will be resolved imminently.

On Thursday morning, the House and Senate both adjourned until Monday without taking action on a more than $700 million budget bill to close out the fiscal year that ended June 30, authorize chunks of one-time spending, shore up state reserves, and pay bills left over from fiscal 2019....

In each of the last two years, Massachusetts was the last Legislature in the country to pass its annual budget, and now the Legislature has blown by the Oct. 31 deadline for the state comptroller to file the state's annual Statutory Basis Financial Report.

Lawmakers do not appear fazed by the slow pace, although the extended talks are cutting into the amount of time legislative leaders have to focus on other issues and the Legislature has shown a tendency in recent years to procrastinate, leaving scores of important decisions to be made in a frenzy every other July.

The next opportunity for the Legislature to enact the close-out budget bill is Monday, Nov. 4. That means this year's close-out bill will be finalized later than any year since at least 1995.

State House News Service
Thursday, October 31, 2019
Branches Leave Budget Unfinished, Break for Weekend


A group of legislators and policy advocates put together by Senate leadership to explore ways to modernize the state's tax code is looking into the possibility of taxing digital goods and services like music downloads or Pandora.

The conversation is still in its early stages, but the group also appears to be leaning toward a set of recommendations that would be close to revenue-neutral, eyeing ways to offset changes like an expansion of the sales tax base with lower overall rates.

"I don't think we at this table are going to come to some consensus to raise taxes overall," said Sen. William Brownsberger, a Belmont Democrat and member of the working group.

Brownsberger said he thought the "safest space" for the group would be to produce a package of recommendations that didn't significantly alter how much the state takes in from taxes.

State House News Service
Tuesday, October 29, 2019
Senate Group's Tax Ideas May Be Revenue Neutral


Millennials beware — a committee charged with revamping the state’s tax code is eyeing music downloads and streaming services.

A tax on digital goods — including music — is “worth looking into,” said attorney David Sullivan, a member of the sales subcommittee within the Senate Revenue Working Group.

“People don’t buy CDs for their music these days, they download. CDs are clearly taxable, downloads not so much. So what do you do about that? It’s a difficult question,” Sullivan said during the meeting.

He also pointed to providers like Pandora or Spotify, which require subscriptions, as another potential source of revenue.

The Boston Herald
Tuesday, October 29, 2019
Tax on music downloads eyed by Senate revenue working group


A spending bill allocating the big fiscal 2019 surplus and depositing hundreds of millions of dollars into the state's rainy day fund was still stuck in a twilight zone Thursday as lawmakers recessed for the weekend and gave no indication that the issue will be resolved imminently.

On Thursday morning, the House and Senate both adjourned until Monday without taking action on a more than $700 million budget bill to close out the fiscal year that ended June 30, authorize chunks of one-time spending, shore up state reserves, and pay bills left over from fiscal 2019....

In each of the last two years, Massachusetts was the last Legislature in the country to pass its annual budget, and now the Legislature has blown by the Oct. 31 deadline for the state comptroller to file the state's annual Statutory Basis Financial Report.

Lawmakers do not appear fazed by the slow pace, although the extended talks are cutting into the amount of time legislative leaders have to focus on other issues and the Legislature has shown a tendency in recent years to procrastinate, leaving scores of important decisions to be made in a frenzy every other July.

The next opportunity for the Legislature to enact the close-out budget bill is Monday, Nov. 4. That means this year's close-out bill will be finalized later than any year since at least 1995.

State House News Service
Thursday, October 31, 2019
Branches Leave Budget Unfinished, Break for Weekend


The exact effects of a still-in-development regional partnership to cap transportation emissions will depend on three states that are participating in discussions but have not yet committed to the pact, a Massachusetts official said Monday.

Three of the 13 jurisdictions involved in the effort are doing so as "observers." Maine, New York and New Hampshire did not sign the same December 2018 agreement to a cap-and-invest system as others including Massachusetts and the District of Columbia, according to Kate Hichter, assistant secretary for policy and coordination in the Department of Transportation.

"It is the collective hope that they will come in at the end, but there is a robust internal negotiation, I would say, going on around those things," Hichter told MassDOT and the MBTA's boards during a joint meeting Monday.

State House News Service
Tuesday, October 29, 2019
New York Among Three States That Are Not All-in on TCI


Nearly every major business organization in Massachusetts has united behind a call for more government spending to expand public transit and improve the roads, with the hope that a new infusion of cash can help solve the congestion-related woes that vex their workers.

The business community’s call to action is due to be released Wednesday, several weeks before the House of Representatives will debate a major transportation bill that could lead to billions of dollars in improvements.

While there was wide support for some form of additional revenue, there was less consensus about how best to raise the money, according to a report issued by the business groups. Increasing the state’s gas tax garnered support from only a slim majority in the poll of business groups. While that majority did not agree on a specific increase, the Greater Boston Chamber of Commerce backs a 15-cent increase, phased in over three years, and many others support a similar increase. At that size, it would be the biggest hike in a generation....

Business support could help give some political cover as lawmakers tackle the tough topic of raising taxes and fees to deal with what many executives consider to be a full-blown crisis.

While [Greater Boston Chamber of Commerce chief executive James Rooney] did not indicate how each business group voted, two major organizations have already declined to support a state gas tax increase.

For now, the Massachusetts High Technology Council and Associated Industries of Massachusetts are only willing to back a climate-change fee on motor vehicle fuels that is being championed by Governor Charlie Baker, and not a straight-up gas tax increase as Rooney and other chamber members propose. Though the fee would likely drive up the cost of gasoline, Baker and other proponents have resisted calling it a tax increase....

Representative William Straus, the House cochairman of the transportation committee, said House leaders met for 90 minutes on Monday to work on the transportation bill. Those deliberations will continue, to prepare a bill in time for a floor debate in the third week of November. The Senate will then take up the issue in 2020, with both sides needing to reach an agreement by the end of next July.

The Boston Globe
Wednesday, October 30, 2019
Businesses plead for solution to alleviate traffic congestion woes


Associated Industries of Massachusetts rejected the gas tax and chose to back the Baker administration by supporting its $18 billion bond bill, which includes a number of systemic reforms to the state’s transportation bureaucracy, and a multistate charge on fuel aimed at curbing vehicles’ greenhouse gas emissions, nicknamed “TCI.” But the money from TCI is years away, and in the interim, AIM argues the state doesn’t need other new revenues to improve transportation. The Mass. High Technology Council took a similar stance. Ditto the Massachusetts Competitive Partnership.

Eight of the 28 participating groups didn’t end up responding to Rooney’s poll. And the National Federation of Independent Business chose not to even participate from the start. State director Chris Carlozzi said his group was worried the end result of all these meetings would be new fees or taxes. NFIB hates that idea. Some of its roughly 5,500 small-business members here struggle to get by.

The Boston Globe
Wednesday, October 30, 2019
Transportation debate highlights differences in state’s business community


Massachusetts retailers support an increase in the gas tax tied to a multi-state effort to cut carbon emissions, but would not back a further hike in the fuel levy beyond that.

As interest groups and politicians ready themselves for a House debate on proposed transportation taxes and revenues, Retailers Association of Massachusetts President Jon Hurst said Wednesday that his group supports Gov. Charlie Baker's efforts to enlist Massachusetts in a new market-based program to reduce transportation emissions as long as the increase in the price of gas as a result the Transportation Climate Initiative (TCI) is limited to between 5 and 15 cents a gallon.

"We oppose additional gas taxes on top of TCI, because they are avoidable by going over the border for car and trucker drivers alike," according to Hurst. "Tax avoidance and the regressive nature of excessive increases are real concerns." ...

Motorists pay 24 cents per gallon in state gas taxes, fractions of a penny below the national average, according to the U.S. Energy Information Administration.

For each gallon of gas, drivers also pay a fee of roughly 2.5 cents to support the Underground Storage Tank Petroleum Product Cleanup Fund. When all state and federal assessments are calculated in, about 45 cents of every gallon of gas pumped in Massachusetts goes to taxes or fees.

State House News Service
Wednesday, October 30, 2019
Retailers Draw Line on Size of Gas Tax Increase


Just think about it: congestion pricing, managed lanes, tolling on routes other than just the Massachusetts Turnpike, money drawn from drivers being invested back into public transit, and a transportation system that could adapt to meet future needs.

That's what most of a coalition of business groups supports asking the Legislature to tell the smartest minds in the state: start thinking seriously about the options for reducing congestion on roads, improving accessibility and service on public transportation, limiting greenhouse gas emissions and raising the money to pay for it in a fair and geographically-equitable way.

But in the meantime, get to raising the revenue necessary to take care of immediate needs -- like structurally deficient bridges and poor roadway conditions -- by taxing customers a little more for gasoline and increasing the fee built into ride service fares, much of the Massachusetts Business Coalition on Transportation agrees.

State House News Service
Wednesday, October 30, 2019
Biz Groups Support Gas Tax, TNC Fee Increases


Drivers could be hit twice with price hikes at the gas pump as lawmakers consider two measures that would drive up the cost of fuel, which critics say puts the state’s financial burden on the backs of working people....

Legislators have been mulling over an adjustment to the gas tax for months as a way to raise new revenue for transportation infrastructure and public transit improvements, which was discussed during a meeting between Speaker Robert DeLeo and House leadership earlier this week.

Meanwhile, Gov. Charlie Baker is engaged in a multi-state Transportation Climate Initiative, which would charge transportation fuel companies for the carbon emissions associated with the gas and diesel they sell. Half of that money would go towards Baker’s $18 billion transportation bond bill, which includes major investments in the MBTA....

“Lawmakers talk about affordability and wanting to make sure residents can afford to live in Massachusetts and yet here we are talking about taxes that are going to be raised on every commuter, worker, consumer, small business and working family,” [Christopher Carlozzi, the State Director of the National Federation of Independent Business] said. “This will just be one more thing that makes Massachusetts unaffordable.”

The Boston Herald
Thursday, October 31, 2019
Gas taxes could leave drivers doubly down in the dumps


Members of a powerful advocacy coalition are mounting an effort to include business tax measures in a revenue package designed to bankroll transportation investments, saying proposals that add to the costs of gasoline and tolls are too regressive and will only put a heavier burden on low-income and middle class residents.

House leaders are assembling a revenue plan for debate sometime in the next three weeks, but have not unveiled any specific revenue-raising proposals.

In a letter to supporters Thursday, Raise Up Massachusetts officials argued that any revenue package should include proposals to create a tiered corporate minimum tax, address offshore tax shelters used by businesses, and require businesses to publicly disclose their tax burdens. The group, which estimates its ideas would generate at least $250 million, says businesses need to kick in contributions toward needed investments.

Raise Up is the group leading the push for a constitutional amendment to impose a $2 billion surtax on wealthy households. In recent years, the coalition has used the initiative petition process to force new laws guaranteeing paid family and medical leave benefits, earned sick time benefits, and minimum wage increases....

Massachusetts motorists, in addition to the possibility of a gas tax increase, could also face higher gas prices in connection with a compact Gov. Charlie Baker is pursuing with other Northeast and mid-Atlantic states to reduce carbon emissions through a cap-and-invest program to drive down emissions from cars and trucks.

State House News Service
Thursday, October 31, 2019
Coalition Urges Members to Back Biz Tax Measures


Baker is eyeing the multistate Transportation Climate Initiative, which would charge energy companies for the carbon emissions associated with the gas and diesel they sell. Half of that revenue would go toward Baker’s $18 billion transportation bond bill, which includes major investments in the MBTA.

Joining the TCI, critics warn, will just hit consumers at the pump.

According to the AAA Fuel Gauge Survey, the average price of regular gas in Massachusetts is $2.56. But in California, where a similar climate initiative was rolled out, gas prices have gone as high as $4.90 cents a gallon.

“I don’t think it’s ever a wise policy to raise sales taxes. It just kills working people,” said state Rep. David DeCoste, a Norwell Republican. “Can you imagine $4 a gallon? It would just cream local retailers and crush the rest of us.”

DeCoste said he’s hoping the governor backs away from the pact, which would also rope in Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Connecticut, Delaware and Maryland.

Holly Robichaud, a GOP strategist who helped lead the repeal of a hike in the state’s gas tax in 2014, said it’s “outrageous” that any talk of boosting what motorists pay at the pump is coming up again.

“They should have gotten the message five years ago. Any hike in the cost of gas would be a killer for every small business and commuter,” said Robichaud. “There’s no need for it. We don’t have a money problem, we have a spending problem.”

The Boston Herald
Saturday, November 2, 2019
Green gas tax bid could push prices close to $5 a gallon


Do you want to pay an additional $1.50 or more to fill up every time you stop at a gas station?

You would if a proposed gas tax being pushed by some Massachusetts lawmakers comes to pass. They’re in fact considering two measures that would drive up the cost of fuel. Gov. Charlie Baker’s support for the so-called Transportation Climate Initiative would lead to hikes, say analysts, and the House is mulling a 15-cent gas tax per gallon increase phased in over a three-year period....

A gas tax theoretically pays for road maintenance, and our roads are mostly awful, so an argument could be made that we need all the infrastructure help we can get. But government in the Bay State clearly has shown it is incapable of maintaining roads; laying the blame for that at insufficient funding seems bogus....

Massachusetts already duns its people for plenty in taxes. When the state figures out how to spend money more efficiently, it won’t have to always turn to taxpayers to solve its problems. Until then, we can’t support a gas tax hike.

A Boston Herald editorial
Saturday, November 2, 2019
Gas tax is a bad idea


Chip Ford's CLT Commentary

As I furiously followed and aggregated this week's news on a frenzy of tax increase schemes I couldn't help but observe the pattern:  First, key up a crisis early (in this case, crises when you conflate traffic gridlock with "climate change"), then invite everyone with any influence to get involved with their preferred solutions.  I couldn't help but recall the legendary Sir Winston S. Churchill narrative:

Churchill:  "Madam, would you sleep with me for five million pounds?"
Socialite:  "My goodness, Mr. Churchill... Well, I suppose... we would have to discuss terms, of course... "
Churchill:  "Would you sleep with me for five pounds?"
Socialite:  "Mr. Churchill, what kind of woman do you think I am?!"
Churchill:  "Madam, we've already established that. Now we are haggling about the price”

They have established the "crisis," and have arrived at their solutions — higher taxes in one form or another.  Now they are haggling about the price.

Notice that nobody not a single one made any mention whatsoever of how vastly much more Massachusetts squanders on its highways, roads, and bridges than all but two other states.  In the CLT Update of August 24 ("Mass., #46, spent 304% higher than national average on its highways") I stated:

No matter how you look at — or make excuses for — its conclusions, the Reason Foundation report indicates that the Massachusetts Department of Transportation spent tremendously more per lane-mile of its highway system ($216,066) than all other states but Florida ($241,100) and New Jersey ($511,266). On spending alone, Massachusetts ranked 48th-worst of all 50 states.

Massachusetts total spending per lane-mile was 304% greater than national average. . . .

Remember this when the Legislature returns next week from its month-long vacation and pivots to demands for more and higher taxes to fund "the state's deteriorating infrastructure," as has been promised. We surely will.

As we at CLT have been saying for decades, and as Holly Robichaud, a leader in the 2014 automatic gas tax hike repeal campaign, also noted, "We don’t have a money problem, we have a spending problem.”

How and why can anyone with even a fragment of intelligence think that giving state government even more will make any difference whatsoever that it too won't also be squandered?

When has more taxpayers' money ever solved a problem in Massachusetts, or been enough?

More unexpected revenue has poured into the state's coffers last year's $2 billion revenue surplus (over-taxation) — than legislators have yet to agree on how to spend.  Failing to put anything away in the state's surplus revenue "rainy day fund" since the end of last fiscal year on June 30 has already cost taxpayers $500,000 and will cost an additional $30,000 a day every day after November 15.  The spending committee's leaders assure us there's "nothing to be afraid of."

"I'm very confident that we will reconcile the very modest differences, in my opinion, between the Senate and the House bill and hopefully we will soon have legislation on Governor Baker's desk," Senate co-chairman Sen. Jason Lewis assured us during opening comments before secret negotiations begin.

Then "The Best Legislature Money Can Buy" immediately recessed on Thursday morning and left the State House for the weekend.

In less than three weeks the Legislature will recess for the remainder of the year (while still collecting their obscene salaries, of course), on November 20.  As always, critically important votes on massive policy changes and tax hikes will come up in the last moments of the eleventh hour in the middle of the night in the closing day or two.  This has become increasingly more common, an apparent leadership strategy.  Keep the citizenry like potted mushrooms:  In the dark and well fertilized.  And keep legislators equally in the dark until they must vote on whatever is dropped in front of them moments before.

There's enough here for you to hopefully digest without me adding more.  As always, you can find the full news reports in detail below.

Chip Ford
Executive Director


 

State House News Service
Friday, November 1, 2019

Weekly Roundup - A Taxing Process
Recap and analysis of the week in state government
By Matt Murphy


Legislative leaders are having such difficulty spending hundreds of millions in revenue they already have, it's only fair to wonder what will happen when the focus turns to raising revenue they don't.

Beacon Hill might soon find out.

With less than three weeks until the Legislature breaks for the year, House Speaker Robert DeLeo and a small team of top deputies kicked off their week by hunkering down in his office to hone in on a plan to raise new money for investments in transportation.

Majority Leader Ronald Mariano and Transportation Committee Co-Chair Rep. William Straus said a pre-recess debate in the House is still the goal, and it's a timeline they think they can meet, though they'll be cutting it close.

The huddle happened days before the business community weighed in - though not exactly with a single voice - on what it could tolerate in terms of taxes to improve the transportation options for its workers.

The good news for revenue-supporting legislators is that employers are in broad agreement that the transportation system needs an infusion of cash. But that political cover may only go so far.

Apart from raising fees on ride-for-hire service, the business groups that DeLeo challenged this spring to coalesce around a revenue plan are predictably torn over the possibility of options like raising the gas tax.

The gas tax, which Straus has all but guaranteed to be part of the revenue solution, is especially controversial in light of how gas prices are likely to rise, even modestly, under the novel cap-and-invest program Gov. Charlie Baker is negotiating with other states to reduce vehicle emissions.

Greater Boston Chamber of Commerce President Jim Rooney led the coalition that took the temperature of business groups, and said his group backs a 15-cent increase in the 24-cent gas tax. Others, including Associated Industries of Massachusetts and the Retailers Association of Massachusetts are opposed, arguing that the Transportation Climate Initiative will raise enough money on the back of drivers.

Mariano said the House leaders have "started to put some numbers next to the strategies," but the size of the revenue package they will seek has not yet been determined.

The size of the surplus from fiscal 2019, however, is better understood. And yet the House and the Senate appear stalemated over not just how to spend it, but on the basic procedures of how to get a bill to Gov. Charlie Baker's desk.

Comptroller Andrew Maylor wrote to legislators letting them know that for every day that goes by starting on Friday, the state is losing out on about $30,000 in interest it could be accruing from a sizeable deposit planned for the "rainy day" account.

But the bill is also packed with more than $700 million in total spending and a bunch of policy proposals, including a controversial business tax break, that need to be negotiated.

Because of the way the Senate processed the House's version of the bill, one of the two branches will need to re-vote it in order to begin a formal conference committee negotiation.

This week, even in the face of Thursday's deadline, neither branch blinked, jeopardizing interest the state could be earning in an account designed to weather the next recession, which may be sooner than anyone would like.

The U.S. economy grew in the third quarter at a modest 1.9 percent annual clip, while the state's economy contracted by 0.2 percent. It's a sign, economists said, of "capacity limits" in the state's ability to provide enough workers to continue economic and job growth, but not necessarily of a recession.

The start of negotiations on a compromise education funding reform bill went a bit smoother. The conference committee led by Rep. Alice Peisch and Sen. Jason Lewis was named Monday and met for the first time on Thursday - Halloween.

Peisch and Lewis told the group and reporters there was nothing to be afraid of.

"I'm very confident that we will reconcile the very modest differences, in my opinion, between the Senate and the House bill and hopefully we will soon have legislation on Governor Baker's desk," Lewis said during the initial public portion of their now-private talks....

DeLeo's plan to extend his reign coincided with a controversy over how the speaker rules, with former Rep. Jay Kaufman of Lexington telling Commonwealth Magazine that the speaker threatened to strip him of his chairmanship in 2013 if he voted against a transportation revenue package that he knew was insufficient. DeLeo responded by calling Kaufman a "liar," and also questioned the outlet's decision to publish the interview.

Faced with the same question as DeLeo, Senate President Spilka gave a true politician's answer: "When I have an announcement you'll all know." ...

STORY OF THE WEEK: Speaker DeLeo asked for it, and the business community answered. But was the transportation revenue plan they produced as helpful as the speaker thought it would be?


State House News Service
Friday, November 1, 2019

Advances - Week of Nov. 3, 2019


The Legislature has put only a few major laws on the books so far in 2019, but six-member conference committees now have custody of distracted driving, children's health and the landmark $1.5 billion education funding bills. Those bills could be sprung at any time for floor votes or remain for an extended period in the dark recesses of conference.

The bill designed to get motorists to finally stop texting while driving has been in conference since June. One bill that can't wait much longer, legislation allocating the big fiscal 2019 surplus, remains in limbo as November begins.

State finance officials have said such closeout budget bills should be handled by the end of August, following the June 30 end of the fiscal year. But the Legislature generally takes August off and since there are no ramifications for being late other than some forgone interest earnings - currently estimated at $500,000 plus $30,000 a day after Nov. 15 - and some negative attention from credit rating agencies, lawmakers in recent years have taken more and more time to settle these supplemental spending bills.

This year's hangup features disagreement over an important business tax policy, and a late-breaking kerfuffle over the process the Senate used to take up the bill.

Formal sessions, which are held to consider bills that require debate or roll calls, are scheduled to end this off-election year by the third Wednesday in November, or Nov. 20.

Both branches start the week with informal sessions on Monday. The Senate plans a formal session Thursday to take up a bill improving campaign finance reporting for legislative candidates. The House will be looking to hold formal sessions next week, with the schedule hinging on when or whether bills are ready for votes. The week ahead also brings public hearings on drugged driving bills and proposals calling for early voting and ranked choice voting.


State House News Service
Tuesday, October 29, 2019

Late Budget Means Half a Mil in Forgone Interest
By Michael P. Norton

The Massachusetts Legislature was the last in the nation to enact an annual budget this year and now their drawn-out deliberations over last year's state budget are about to cost the taxpayers real money.

Comptroller Andrew Maylor faces a Thursday deadline to file the state's annual Statutory Basis Financial Report closing the books on spending and revenues for the fiscal year that ended June 30, almost four months ago. But here's the problem: the Legislature still isn't done spending last year's revenues.

Beacon Hill talks on a final fiscal 2019 supplemental budget only started to heat up this month, and House and Senate Democrats are currently looking at two different bills that spend most of last year's budget surplus, while proposing rainy day savings account deposits of between $350 million and $400 million.

In a letter delivered to top lawmakers and Gov. Charlie Baker Tuesday, Maylor said that when the budget bill is eventually signed by Gov. Charlie Baker, it will take about 14 days to compile the final financial report and have it reviewed by the state's independent audit firm, currently KPMG. That timeline puts Maylor's office well beyond its statutory filing deadline.

"Please note that this is a target to help you understand when the SBFR might be issued but is not a guarantee," Maylor wrote.

As part of his work, Maylor is required to certify and report the state's consolidated net surplus at the same time as he issues the financial report, and the surplus certification determines if the budget is balanced and if there's any amount to be transferred to the rainy day account.

Basing his calculations on the financial report being issued on Nov. 15, Maylor projected forgone interest on expected stabilization fund revenues of more than $500,000, an amount he estimated will increase by more than $30,000 each day beyond Nov. 15.

Calling it a "measurable downstream impact" of not filing the financial report on time, Maylor wrote, "I realize that this amount may not seem important, but as a taxpayer and someone who spent more than 25 years in local government, that sum is meaningful."

The spending bills are on the minds of legislators, and the many stakeholders throughout Massachusetts who stand to benefit from newly authorized spending. The House closeout budget totaled about $723 million in spending; the Senate bill authorized $780 million in spending.

"On Beacon Hill, a supplemental budget should be coming out, we think this week," Education Commissioner Jeff Riley told the Board of Education Tuesday.

Riley added, "We think legally they have to figure this out by Oct. 31, but that may be pushed. Legally is perhaps too strong a word. Maybe they're shooting for Oct. 31, traditionally."

Last year, Treasurer Deb Goldberg and former Comptroller Thomas Shack knocked the practice of passing final supplemental budgets so long after fiscal years had ended, with Goldberg comparing the practice to "kids getting away with stuff for too long."

To follow industry best practices, Shack said, a final supplemental budget should be approved by Aug. 31 each year.

"This is the fourth fiscal year that I've operated as the commonwealth's comptroller and this is the fourth year under my comptrollership that we will not meet the statutory deadline," Shack said last October."I would reiterate that such late activity is really perilous. It's a well-known risk within the audit world that if you do not meet your own statutory obligations you may well subject yourself to really, really significant scrutiny."

Senate President Pro Tempore William Browsberger said lawmakers are aware of Thursday's deadline and said there's a possibility that the budget bills could be reconciled without the need for a six-member conference committee.

Katie Lannan contributed reporting


State House News Service
Thursday, October 31, 2019

Branches Leave Budget Unfinished, Break for Weekend
By Colin A. Young


A spending bill allocating the big fiscal 2019 surplus and depositing hundreds of millions of dollars into the state's rainy day fund was still stuck in a twilight zone Thursday as lawmakers recessed for the weekend and gave no indication that the issue will be resolved imminently.

On Thursday morning, the House and Senate both adjourned until Monday without taking action on a more than $700 million budget bill to close out the fiscal year that ended June 30, authorize chunks of one-time spending, shore up state reserves, and pay bills left over from fiscal 2019. Both sides said talks over the budget bill, which is stalled as the branches gripe over procedural issues, would continue through the weekend but the important bill has not been sent to a conference committee and it's not clear who is negotiating.

"We're working closely with the House both on the substantive differences to get to agreement on those and also obviously just to work out the process to get a final bill on the governor's desk," Sen. Jason Lewis said after presiding over the Senate's session Thursday. "Certainly the Senate, and I believe the House, are committed to doing that as soon as possible."

Rep. Paul Donato, a member of Speaker Robert DeLeo's leadership team who presided over Thursday's session, said the two sides are "just waiting to see if we can come to a compromise. That's where we are at this point."

Sen. Michael Rodrigues, the chairman of the Senate Ways and Means Committee, said he is "constantly communicating with the House chair."

"We're waiting for them to deal with it. But the urgency is there," Rodrigues said after the session. He later added, "Right now, we sent to the House our version of the supp budget. So we're waiting for them to figure out what they want to do with it."

Both branches passed bills this month (H 4132/S 2386) to wrap up fiscal year 2019 budget management. The Senate acted second, meaning the next step appears to be the House's. But the procedure the Senate used to advance the bill that had come over from the House put the two branches at loggerheads and has delayed an already late-arriving bill.

Lewis said the House and Senate are not only talking about resolving the procedural issues at play, but also the differences in how the two branches sought to spend down the surplus. That raises the question of whether the branches will seek to resolve their policy differences through a six-member conference committee, as is customary when they pass differing legislation.

"Hopefully," Rodrigues said when asked if the budget bill will go to a conference committee.

Sen. Vinny deMacedo, the ranking Republican on the Senate Ways and Means Committee, said he expects he will be named as a conferee once the two sides iron out their differences on the process.

Donato said he was "not sure" whether the bills will be bound for conference committee talks, which would likely delay the final enactment of the supplemental budget bill even longer.

"I know that they have their thing, they've added some, you know, almost like a new bill," he said of the Senate. "We have ours. So I'm not sure how we're going to straighten it out."

In each of the last two years, Massachusetts was the last Legislature in the country to pass its annual budget, and now the Legislature has blown by the Oct. 31 deadline for the state comptroller to file the state's annual Statutory Basis Financial Report.

Lawmakers do not appear fazed by the slow pace, although the extended talks are cutting into the amount of time legislative leaders have to focus on other issues and the Legislature has shown a tendency in recent years to procrastinate, leaving scores of important decisions to be made in a frenzy every other July.

The next opportunity for the Legislature to enact the close-out budget bill is Monday, Nov. 4. That means this year's close-out bill will be finalized later than any year since at least 1995.

"I just think that budgets are, by design, complicated," Lewis said when asked why the House and Senate have recently struggled at times to deal with fiscal matters in a timely way. "There's usually a lot of issues at play, there's obviously a lot of important funding decisions that are made, there's also often policy issues that are being worked out and it takes time and work to resolve those."

Comptroller Andrew Maylor told lawmakers Tuesday that his office projects that the state will miss out on $500,000 in interest on expected stabilization fund deposits if he is not able to file the SBFR -- which he said would take his office 14 days to prepare -- by Nov. 15. For each day after Nov. 15 that the filing is delayed, he said, the state will effectively forfeit an additional $30,000.

"As the chair of Ways and Means, I'm always concerned about foregone revenue," Rodrigues said Thursday when asked about the consequences of the delayed supplemental budget.

Donato said: "I know the comptroller says today's the deadline but we've missed the deadline before, I think, in the past. We'll see if we can get something done over the weekend."

Katie Lannan and Chris Lisinski contributed to this report.


State House News Service
Tuesday, October 29, 2019

Senate Group's Tax Ideas May Be Revenue Neutral
By Matt Murphy


A group of legislators and policy advocates put together by Senate leadership to explore ways to modernize the state's tax code is looking into the possibility of taxing digital goods and services like music downloads or Pandora.

The conversation is still in its early stages, but the group also appears to be leaning toward a set of recommendations that would be close to revenue-neutral, eyeing ways to offset changes like an expansion of the sales tax base with lower overall rates.

"I don't think we at this table are going to come to some consensus to raise taxes overall," said Sen. William Brownsberger, a Belmont Democrat and member of the working group.

Brownsberger said he thought the "safest space" for the group would be to produce a package of recommendations that didn't significantly alter how much the state takes in from taxes.

"That's a nice place to be for this group," he said.

The Senate Revenue Working Group, which is being led by Sen. Adam Hinds of Pittsfield, met in public Tuesday where the chairs of its four subcommittees presented to the larger group on the topics and questions they were working through. The group's goal is to produce a package of recommendations before the end of the legislative session in the summer of 2020 to modernize the state's tax code.

Hinds said it's not necessarily the goal of the group to produce a set of recommendations that are revenue-neutral, but acknowledged that "fairness" has been the focus of the group, which is also "aware that this is happening within the context of a Fair Share amendment."

That amendment is a proposed ballot question that has been advanced by the Legislature and would go before voters in 2022 to raise close to $2 billion a year by imposing a 4 percent surtax on income over $1 million.

"I think it's still an open conversation," Hinds said. "The emphasis has always been, and we have a mission statement that talks about modernizing, simplifying, make more fair, and in that process we believe we will collect more revenue. How much, I think, is the question."

The taxation of services has been a controversial policy issue in Massachusetts for decades. Gov Michael Dukakis tried to do it in the early 1990s, only to see his successor Gov. William Weld successfully repeal it.

More recently, the Legislature tried to tax software services as part of the last big revenue package to address transportation needs, but wound up rolling that back as well in the face of opposition from a major employment sector.

Former Revenue Commissioner Amy Pitter and David Sullivan, a one-time top lawyer to Gov. Deval Patrick and Senate President Stanley Rosenberg, are leading a subcommittee looking at the sales tax.

"Not only do we have a narrow sales tax base but it's getting narrower because of the way the economy is changing," Sullivan said, referencing technology like song downloads that aren't taxed like a CD.

Sullivan acknowledged that there are challenges inherent in trying to tax services and also make sure the tax code doesn't disproportionately impact lower-income families.

Northeastern University Professor Peter Enrich suggested that a broadening of the sales tax base could be coupled with a lowering of the overall rate.

Massachusetts Taxpayers Foundation President Eileen McAnneny said her group, which is looking at the income tax, had spent considerable time discussing the possibility of increasing the $4,400 personal income tax exemption as a way to create a more progressive income tax.

Brownsberger, however, urged the group not to spend any more time on it, suggesting it would be politically untenable because it would require a significant income tax rate hike to keep it revenue neutral.

"I think it's a good tax policy, but I don't think it's a marketable tax policy, so I'm not advocating for it," Brownsberger said.

The idea of increasing the personal tax exemption recalls former Gov. Patrick's proposal to double the tax credit as part of his failed package to raise $2 billion by increasing the income tax and lowering the sales tax.

Brownsberger said that in order to keep up with inflation and make a difference for a broad swath of the population struggling in the modern economy, the exemption would have to be raised to nearly $50,000.

That would also require a hike in the income tax rate to about 9 percent, which would be a difficult sell politically, he said.

"I don't even think people should spin their wheels on it," Brownsberger told the group.

In an interview after the meeting, Brownsberger was also dismissive of the idea of a smaller increase in the exemption, which would mostly impact people on the lower end of the income ladder.

"Sure, it's not a game-changer, though," he said.

The group is also exploring changes to a laundry list of other tax policies, including corporate tax rates and reporting requirements, real-time sales tax remittance, the state's competitiveness with respect to deeds excise taxes and real estate transfer fees, the earned income tax credit and the value of being coupled with federal tax code with regard to everything from charitable deductions to the child tax credit.

Hinds said the next goal for the group is to narrow its areas of focus and give the Department of Revenue a list of priority areas by Thanksgiving so that the agency can start crunching some numbers.

"I do feel like we're on track for sure," Hinds said. "As you know there are other discussions going on with regard to transportation revenues, and I think we're well placed to have a set of recommendations by the end of this legislative session."

House leaders are trying to put together a package of revenue raising reforms for a vote before the end of November that would be dedicated to transportation infrastructure and public transit improvements.


The Boston Herald
Tuesday, October 29, 2019

Tax on music downloads eyed by Senate revenue working group
By Mary Markos


Millennials beware — a committee charged with revamping the state’s tax code is eyeing music downloads and streaming services.

A tax on digital goods — including music — is “worth looking into,” said attorney David Sullivan, a member of the sales subcommittee within the Senate Revenue Working Group.

“People don’t buy CDs for their music these days, they download. CDs are clearly taxable, downloads not so much. So what do you do about that? It’s a difficult question,” Sullivan said during the meeting.

He also pointed to providers like Pandora or Spotify, which require subscriptions, as another potential source of revenue.

“It seems like something that we need to worry about,” Sullivan, a Senior Democratic Voter Protection Attorney, said. “One of the problems that we’re confronting is that, not only do we have a narrow sales tax base, but it’s getting narrower because of the way that the economy is changing. There are fewer goods and more services in the economy and that means the sales tax won’t be bringing in as much revenue as before.”

According to Sullivan, the measure would need to be broad in order to avoid singling out one particular industry, which he said could result in “active” lobbying against it. He also noted the history in the state with this type of tax reform, after former Gov. Michael Dukakis attempted a broad tax on a range of services in 1990 and Gov. Bill Weld campaigned on a promise to repeal it when he was elected in 1991.

State Sen. Adam Hinds (D-Pittsfield) chairs the 21-member group of stakeholders with outside interests, which was established in April, and is working toward a goal to make legislative recommendations by the end of the session.

“Today’s meeting was a result of months and months of work at the subcommittee level to really be clear on how we can modernize and simplify our tax code and make it more fair,” Hinds told the Herald.

“We are starting to narrow down where we think the more detailed conversations will go,” he added, “so it’s a good point to check in with the Department of Revenue to see what type of revenue impact each of these ideas have.”


State House News Service
Tuesday, October 29, 2019

New York Among Three States That Are Not All-in on TCI
By Chris Lisinski


The exact effects of a still-in-development regional partnership to cap transportation emissions will depend on three states that are participating in discussions but have not yet committed to the pact, a Massachusetts official said Monday.

Three of the 13 jurisdictions involved in the effort are doing so as "observers." Maine, New York and New Hampshire did not sign the same December 2018 agreement to a cap-and-invest system as others including Massachusetts and the District of Columbia, according to Kate Hichter, assistant secretary for policy and coordination in the Department of Transportation.

"It is the collective hope that they will come in at the end, but there is a robust internal negotiation, I would say, going on around those things," Hichter told MassDOT and the MBTA's boards during a joint meeting Monday.

Fichter, who is leading MassDOT's participation in the Transportation and Climate Initiative, said that final decision by observers could change the targets for each state that will impose regulations. The three states remain involved in discussions in the meantime, and parties released a draft framework this month indicating they plan to target on-road fuel sources for emissions caps.

"Depending on how the pie is sliced, it changes both the emissions budget for each state that does participate as well as the allowance proceeds that they get coming back," Fichter said. "There is a bit of a chicken and egg. We have to know how many states are participating to know exactly how the allocation formulas work out. I think that will shake out quite a bit over the next few months."


The Boston Globe
Wednesday, October 30, 2019

Businesses plead for solution to alleviate traffic congestion woes
By Jon Chesto

Nearly every major business organization in Massachusetts has united behind a call for more government spending to expand public transit and improve the roads, with the hope that a new infusion of cash can help solve the congestion-related woes that vex their workers.

The business community’s call to action is due to be released Wednesday, several weeks before the House of Representatives will debate a major transportation bill that could lead to billions of dollars in improvements.

While there was wide support for some form of additional revenue, there was less consensus about how best to raise the money, according to a report issued by the business groups. Increasing the state’s gas tax garnered support from only a slim majority in the poll of business groups. While that majority did not agree on a specific increase, the Greater Boston Chamber of Commerce backs a 15-cent increase, phased in over three years, and many others support a similar increase. At that size, it would be the biggest hike in a generation.

More popular options included raising fees on Uber and Lyft rides, and considering expanding the use of tolls, such as adjusting the price based on the time of day a commuter uses the roads.

“This is what I would call a watershed moment,” said Richard Dimino, president of A Better City, a business group that has focused on transportation as far back as the Big Dig. “We can’t really have a transformative 21st-century system without new revenue.”

The business group efforts were organized by Greater Boston Chamber of Commerce chief executive James Rooney, a former head of the Massachusetts Bay Transportation Authority. The cross section of 28 chambers of commerce and other associations undertook months of discussing various initiatives and then each group was polled on its preferred solutions.

One goal, Rooney said, is “to create pricing that’s not just based on how much money we need, but what behavior we want to incentivize,” such as encouraging more drivers to switch to public transit, or commute in off-peak hours.

Another goal: to find ways to pay for popular projects, such as electrifying the commuter rail system and expanding South Station, that lack funding today.

The groups were spurred in part by a call from House Speaker Robert DeLeo for their ideas to prepare for the upcoming transportation debate. Senate President Karen Spilka has also asked business leaders for ideas.

Business support could help give some political cover as lawmakers tackle the tough topic of raising taxes and fees to deal with what many executives consider to be a full-blown crisis.

While Rooney did not indicate how each business group voted, two major organizations have already declined to support a state gas tax increase.

For now, the Massachusetts High Technology Council and Associated Industries of Massachusetts are only willing to back a climate-change fee on motor vehicle fuels that is being championed by Governor Charlie Baker, and not a straight-up gas tax increase as Rooney and other chamber members propose. Though the fee would likely drive up the cost of gasoline, Baker and other proponents have resisted calling it a tax increase.

This to-be-determined charge is being considered by several Northeast and Mid-Atlantic states as part of a group effort to reduce greenhouse gas emissions. It would not need the approval of the Massachusetts Legislature.

AIM and Mass. High Tech said the state needs to reform the way it spends money on transportation projects before considering additional revenue sources. These measures include streamlining procurement and better integrating the design stages of a project with construction, and are outlined in an $18 billion transportation bond bill Baker filed earlier this year.

“There’s a whole lot of structural problems that are preventing the T and the DOT from spending the money they have now,” said Chris Geehern, executive vice president at AIM. “Dumping a boatload of money on that situation strikes us as really inefficient.”

Meanwhile, a separate, smaller coalition led by the Kendall Square Association submitted its own recommendations to the Legislature that echo those of the bigger group: a gas tax increase of 18 cents a gallon, new Uber and Lyft fees, and congestion pricing through tolls on the highways.

“We’re in a genuine crisis,” said KSA president C.A. Webb. “The system has been underfunded for at least a generation.”

Representative William Straus, the House cochairman of the transportation committee, said House leaders met for 90 minutes on Monday to work on the transportation bill. Those deliberations will continue, to prepare a bill in time for a floor debate in the third week of November. The Senate will then take up the issue in 2020, with both sides needing to reach an agreement by the end of next July.

More than 30 states have a tax higher than the current Massachusetts gas tax of 26.5 cents a gallon, according to the Tax Foundation. A gas tax hike would be the first since a 3-cent increase in 2013, when the Legislature also adopted an automatic increase going forward indexed to inflation. That indexed increase was subsequently repealed by voters in a ballot initiative in 2014.

Still, the 2013 increase was itself the first in more than two decades; meanwhile the cost of a monthly T pass has essentially tripled since 1991, according to the Greater Boston Chamber.

The vast majority of business groups agree on a higher charge for Uber and Lyft rides than the current 20-cent-per-ride fee on ride-sharing trips, to at least $1 a trip. A slight majority support even higher rates for trips during peak times.

Then there is the future of tolls. Most business groups say the current system is inequitable; only a small segment of commuters pay tolls today. They recommend a state task force that could analyze the most effective places to put new electronic toll gantries, and whether to use time-of-day pricing to encourage drivers to hit the road at less-congested periods.

Baker, meanwhile, has suggested allowing motorists to pay their way out of congestion by building toll lanes that charge for the right to zip past backed-up traffic in adjacent lanes. In August, the Baker administration released a report that acknowledged the Boston area’s epic traffic jams had reached a tipping point. The governor has proposed using the new climate fee to fund some of the projects in his $18 billion bond bill.

During the past few years, transportation has emerged as a top issue for members of many business groups as their workers wrestle with frequent train and bus delays and the occasional derailment, and brave the seemingly ever-growing rush hours.

“It’s so counterproductive to be stuck in this quagmire,” said Newton-Needham Chamber president Greg Reibman.

“We know it’s bad for our economy, and it’s bad for productivity, but it’s also really bad for morale,” he added. “It was really important that the business community get together and speak collectively.”


The Boston Globe
Wednesday, October 30, 2019

Transportation debate highlights differences in state’s business community
By Jon Chesto


House Speaker Bob DeLeo made a bold request to the state’s business community in March: Come up with some transportation policies that everyone can unite behind.

Good luck with that one, Mr. Speaker.

Nearly 30 business groups from across the state have huddled for months, essentially to heed that noble call, with the results becoming public Wednesday, a few weeks ahead of the big transportation debate in the Massachusetts House. On its face, there’s a semblance of unity. The Greater Boston Chamber of Commerce reported near-unanimous support for some kind of increase in government-controlled revenue, provided the additional money is paired with structural reforms, to address the state’s numerous road and public transit woes.

But reaching a consensus on the particulars has proved to be more elusive. Chamber chief executive Jim Rooney, who shepherded these talks, initially strove for unanimity on a package of solutions that these disparate groups from across the state could endorse. In the end, Rooney and his colleagues opted instead to release an “a la carte” menu of options, each with varying levels of support.

A strong majority of participants polled by the chamber backed an increase in fees on Uber and Lyft rides, and the creation of a tolling task force to study time-of-day pricing and new locations for electronic gantries. But a proposed increase in the gas tax proved more divisive. A smaller majority of the business groups that participated in the poll backed some increase in the gas tax; the Greater Boston Chamber suggested a 15-cents-a-gallon increase and others supported something in that range. But others don’t want the gas tax raised at all.

For example, Associated Industries of Massachusetts rejected the gas tax and chose to back the Baker administration by supporting its $18 billion bond bill, which includes a number of systemic reforms to the state’s transportation bureaucracy, and a multistate charge on fuel aimed at curbing vehicles’ greenhouse gas emissions, nicknamed “TCI.” But the money from TCI is years away, and in the interim, AIM argues the state doesn’t need other new revenues to improve transportation. The Mass. High Technology Council took a similar stance. Ditto the Massachusetts Competitive Partnership.

Eight of the 28 participating groups didn’t end up responding to Rooney’s poll. And the National Federation of Independent Business chose not to even participate from the start. State director Chris Carlozzi said his group was worried the end result of all these meetings would be new fees or taxes. NFIB hates that idea. Some of its roughly 5,500 small-business members here struggle to get by.

Part of the issue is geography. NFIB and AIM members are spread throughout the state, many far from the nearest T stop, and are less alarmed by Red Line derailments and Orange Line shutdowns than the Boston-focused groups.

Rooney recognized this could be a potential issue when he started these talks last winter — which is why he included groups from all corners, from Cape Cod to the Berkshires. He knows he needs statewide support for an ambitious agenda to succeed at the State House. Some of these far-flung groups signed on, but not everyone.

The coalition’s members met with DeLeo and with Senate President Karen Spilka in August to brief them on the progress. Soon after those two meetings, Rooney says, it became clear that the typical business-group statement, in which everyone involved endorses it, would not be in the offing.

Even a smaller, separate group orchestrated by the Kendall Square Association and the left-leaning Alliance for Business Leadership couldn’t reach an agreement on everything. The Kendall Square crew issued a statement calling for an 18-cent increase to the gas tax, time-of-day toll prices, and new fees on ride-share trips. Missing in action: the Alliance. That board decided it couldn’t sign on because it would only endorse a plan that also included the millionaires tax. This surcharge on high-earners will likely go to voters in 2022 as a constitutional amendment, although it has been doggedly opposed by many business groups.

So much for unity.

But Representative Bill Straus, the House transportation committee chairman, says he actually prefers to receive a diversity of thought as House leaders hammer out a transportation bill in time for a floor debate expected in the third week of November.

Sometimes, Straus says, when coalitions try to unite behind grand statements, minority views get silenced. That could mean lawmakers end up with less input, not more. One thing’s for sure: they won’t be lacking for ideas and opinions from the business community this time around.


State House News Service
Wednesday, October 30, 2019

Retailers Draw Line on Size of Gas Tax Increase
By Michael P. Norton


Massachusetts retailers support an increase in the gas tax tied to a multi-state effort to cut carbon emissions, but would not back a further hike in the fuel levy beyond that.

As interest groups and politicians ready themselves for a House debate on proposed transportation taxes and revenues, Retailers Association of Massachusetts President Jon Hurst said Wednesday that his group supports Gov. Charlie Baker's efforts to enlist Massachusetts in a new market-based program to reduce transportation emissions as long as the increase in the price of gas as a result the Transportation Climate Initiative (TCI) is limited to between 5 and 15 cents a gallon.

"We oppose additional gas taxes on top of TCI, because they are avoidable by going over the border for car and trucker drivers alike," according to Hurst. "Tax avoidance and the regressive nature of excessive increases are real concerns."

The retailers also support a $1 increase in ride-sharing fees as long as the fees are transparent, "some steps on tolling," including a look at state border tolls, and investments in lower cost "gateway cities" with less traffic congestion.

Motorists pay 24 cents per gallon in state gas taxes, fractions of a penny below the national average, according to the U.S. Energy Information Administration.

For each gallon of gas, drivers also pay a fee of roughly 2.5 cents to support the Underground Storage Tank Petroleum Product Cleanup Fund. When all state and federal assessments are calculated in, about 45 cents of every gallon of gas pumped in Massachusetts goes to taxes or fees.


State House News Service
Wednesday, October 30, 2019

Biz Groups Support Gas Tax, TNC Fee Increases
By Colin A. Young


Just think about it: congestion pricing, managed lanes, tolling on routes other than just the Massachusetts Turnpike, money drawn from drivers being invested back into public transit, and a transportation system that could adapt to meet future needs.

That's what most of a coalition of business groups supports asking the Legislature to tell the smartest minds in the state: start thinking seriously about the options for reducing congestion on roads, improving accessibility and service on public transportation, limiting greenhouse gas emissions and raising the money to pay for it in a fair and geographically-equitable way.

But in the meantime, get to raising the revenue necessary to take care of immediate needs -- like structurally deficient bridges and poor roadway conditions -- by taxing customers a little more for gasoline and increasing the fee built into ride service fares, much of the Massachusetts Business Coalition on Transportation agrees.

The consensus ranges from agreement among all but one group that the state needs additional revenue for transportation to very narrow majority support for specific approaches to raising that revenue. It came as the result of months of talks among the statewide group of chambers of commerce, research and planning firms, and industry associations.

"So I want the Legislature to adopt a short-term revenue strategy that enables us to think more with a greater sense of urgency about the problems we need to address, put that money to work," James Rooney, president and CEO of the Greater Boston Chamber of Commerce and co-chair of the MBCT, said. "I would ask them to also make a statement, 'we're not done yet.' We want to know what the 21st-century pricing structure should do for the consumption of mobility, that deals with incentivizing behavior and equity statewide and helping us deal with other public policy issues like housing."

There is "strong majority support" among the MBCT member groups for creating a 21st Century Roadway Pricing Task Force that would be helmed by private citizens and given one year to come up with a specific plan -- including toll gantry locations, pricing rates, a timeline, and options for mitigating social and geographic inequities -- that could be used like a menu of options for policymakers.

"We support the idea of a commission that will actually start spreading some numbers ... start understanding, whether it's vehicle miles or where a toll gantry might go, some real specific data to figure out if one of these revenue ideas or several of these revenue ideas would actually generate what we hope they could generate and be a positive and not a negative, because pricing something could sometimes hurt more than it can help," MBCT co-chair and Cape Cod Chamber of Commerce CEO Wendy Northcross said.

The group would ideally be given specific questions to consider and answer -- What are the federal hurdles? What would a statewide tolling system cost to implement and administer? What kind of a system would be sustainable in the future, when the gas tax might not be as reliable of a revenue source? -- and would present the Legislature and public with a range of alternatives.

Before the various regional business groups could fully back any one strategy or approach, Northcross said, they want to see the details and better understand what it would mean for their regions.

"I don't think we're ready to legislate anything other than a demand that smart people think about it and be very specific about it," Rooney said.
A Crisis Point

The business community has increasingly decried the Boston area's public transportation woes as a hindrance to growth. Traffic and congestion on the roads all over the state make for long and frustrating commutes by car, and the unpredictable nature of public transportation in all regions frequently makes workers late to their jobs.

A Better City released a report this year detailing an $8.4 billion shortfall in revenues needed to ensure state roads, bridges and MBTA infrastructure are in a state of good repair over the next 10 years. And a March poll conducted by MassINC Polling Group found that 66 percent of resident think action is "urgently needed" to improve the state's transportation system.

As it worked to find consensus with other business groups, the Greater Boston Chamber of Commerce looked at the work done by the executive branch's Commission on the Future of Transportation and extrapolated it to infer that the problem that's already causing stress for the state economy is only going to get worse if nothing is done.

"On a daily basis, this issue of mobility is affecting personal lives, workers, business and commerce. But as importantly, it is not allowing us to deal with some other public policy issues or have confidence that our economic growth strategies can continue to sustain if we don't deal with this," Rooney said. "So we view it as a moment -- and we've used the word crisis to describe it -- that we need to have a strategic plan, including revenue, that deals with it."

Back in March, House Speaker Robert DeLeo used a speech before the Greater Boston Chamber to call upon business groups to be part of the solution. He said it's crucial that "the business community clearly articulates the transportation policies that it can unite behind" and present "what employers can bring to the table as we think about the state's transportation networks."

"It's all on the table," DeLeo told reporters after his remarks. He added, "Quite frankly, I think we're at a situation relative to transportation we're at a critical point. If we're going to continue to grow our economy here in Massachusetts, transportation has to be one of the major factors that we address."

The speaker specifically mentioned the gas tax to reporters that day and Transportation Committee Chair Rep. William Straus has repeatedly said since that it would be hard -- "not impossible, just hard," he said this week -- to put together a transportation financing proposal that didn't include an adjustment to the gas tax.

MassINC's March poll showed 80 percent support for the general idea of raising new state revenue to spend on transportation infrastructure and public transit.
Preparing For The Future

Rooney said the idea isn't fully baked just yet, but the thought is that the state could create a high-tech and statewide network of tolling gantries or some other technology that would be flexible enough to accommodate different approaches to roadway pricing -- tolls, congestion pricing, demand pricing, etc.

"It becomes a tool, think of the technology as a tool," he said.

One idea the business community wants a task force to delve deeply into is tolling other interstate highways to collect toll revenue from various parts of the state. That would require legislative authorization since the Department of Transportation's authority to impose tolls is limited under current state law to the Mass. Turnpike and the metropolitan highway system. Rooney said any statewide tolling system would have to be as fair as possible to all regions.

"Right now, our system of tolling is not equitable, it's just the east-west travel on the Turnpike and people who take the bridges. It's just not," he said. "So how do you create a statewide equitable program that says, 'OK, we're all in this.'"

Rooney and other business leaders interested in statewide tolling might find an ally in Senate President Karen Spilka, who represents a MetroWest district that relies heavily on the Turnpike.

"Simply put, and I put this out there, if tolls are a good idea for my district, my region, I believe we should explore the possibility of expanded tolling, including possibly at our borders," Spilka said in April when she spoke to the Greater Boston Chamber. "Our best ideas won't matter if we can't find a way to make a 21st-century transportation infrastructure a reality and find a way to pay for it."

Who pays -- whether it be tolls or other pricing strategies the system that Rooney envisions could support -- and how the money raised is spent is of critical importance to the Economic Development Council of Western Massachusetts.

"We can certainly appreciate the pressures and the needs to do something with the T but, quite frankly, not on the backs of Western Mass. or disproportionately on the backs of Western Mass. and we have other needs out here," Rick Sullivan, the group's CEO and a co-chair of the MBCT, said. "We have been advocating for a larger definition of transportation infrastructure to include communications infrastructure -- so broadband, internet, wifi, cell service -- so we have the ability out here in Western Mass. to take advantage of the current and up-and-coming technolgoies whether they be Uber-like or whatnot."

The 2013 transportation financing law required MassDOT to "develop a comprehensive tolling plan for additional Interstate and limited access state highways within the Commonwealth ... and study and report on the feasibility of establishing additional Interstate tolls along the borders of the Commonwealth."

That MassDOT report, released December 2013, found that "tolling additional Interstate and limited (i.e. controlled) access state highways supports the policy goals set forth in The Way Forward Plan by providing an efficient and equitable source of transportation revenue enhancement, which can also be used as an effective tool for congestion management by setting toll rates lower for off-peak travel times."

The report, though, noted that "significant further easing of Federal restrictions on tolling the Interstate Highway System and other Federal-aid facilities must occur in order to implement" statewide tolling.
Short-Term Fixes

Rooney and the other business leaders are cognizant that creating a one-year task force doesn't generate a dime of the revenue they think is needed to address the state's weighty problems. Instead, at the same time as it specifically directs a task force to come up with options for future solutions, the Legislature should also "adopt immediate revenue streams and begin to apply it to things that need to be done now."

"And we think that the immediate revenue can come from the gas tax and TNCs," Rooney said, referring to transportation network companies.

Among the MBCT, there is "strong majority support" for increasing the fees on rideshare services at least $1 per ride, with some groups supporting increases of as much as $3 per trip. And a "fragile majority" of the member groups support adopting a model similar to surge pricing, under which the per-ride fee would increase at peak times and for luxury cars, and decrease for pooled rides.

For the Greater Boston Chamber, an important part of the discussion around TNC fees is where that new money would get spent. Under a plan developed by the chamber, the current 20-cent fee would continue to go to the municipality where the ride originated and the Commonwealth Transportation Fund, but the additional amount raised by the fee would go to public transit, either the MBTA or the regional transit authority that serves the municipality where the ride began.

"The key concept here is the money stays at home, wherever it is raised," Rooney said. "Money raised in Springfield stays in the Springfield region, Worcester stays in the Worcester region, for public transportation."

There's also support among the coalition -- roughly 70 percent of the groups, Rooney said -- for a gas tax increase of between five and 25 cents, separate and apart from the governor's proposed regional transportation emission effort. The Greater Boston Chamber of Commerce backs a 15-cent gas tax increase phased in over a three-year period.

Motorists currently pay 24 cents per gallon in state gas tax, fractions of a penny below the national average, according to the U.S. Energy Information Administration. For each gallon of gas, drivers also pay a fee of roughly 2.5 cents to support the Underground Storage Tank Petroleum Product Cleanup Fund. When all state and federal assessments are calculated in, about 45 cents of every gallon of gas pumped in Massachusetts goes to taxes or fees.

Every penny added to the state's gas tax could produce roughly $32 million in new annual revenue, the Massachusetts Budget and Policy Center wrote in a report earlier this month. The report also warned that increasing the gas tax will disproportionately impact low- and moderate-income households, and may be undermined by the state's long-term goal of reducing its carbon footprint.
Political Realities

Many of the themes that emerged from the MBCT's months of discussions seem to overlap with ideas that House lawmakers gave voice to this week after meeting for 90 minutes with DeLeo to discuss the House's upcoming transportation revenue package.

"What we've been doing is looking at the different options that are predictably out there and seeing whether they could fit in or out of an overall revenue package that members would be comfortable with," Straus said Monday.

Revenue Committee Chairman Rep. Mark Cusack said that new revenue would be "sourced from transportation for transportation" to the extent possible.

Majority Leader Ronald Mariano told the News Service that no decision has yet been made on how large of a revenue package to pursue, but that the House still plans to put a bill before members for a vote before the Legislature recesses for the year on Nov. 20.


The Boston Herald
Thursday, October 31, 2019

Gas taxes could leave drivers doubly down in the dumps
By Mary Markos

Drivers could be hit twice with price hikes at the gas pump as lawmakers consider two measures that would drive up the cost of fuel, which critics say puts the state’s financial burden on the backs of working people.

“Legislative leaders are trying to ram through two taxes and it will only drive up the cost of living,” MassFiscal Alliance Spokesman Paul Craney said. “If you actually want to have a discussion on transportation infrastructure, you have to start with how we’re spending our money before we ask taxpayers, who are the most generous in the country, to fork over more money so that Beacon Hill politicians can just spend it.”

Legislators have been mulling over an adjustment to the gas tax for months as a way to raise new revenue for transportation infrastructure and public transit improvements, which was discussed during a meeting between Speaker Robert DeLeo and House leadership earlier this week.

Meanwhile, Gov. Charlie Baker is engaged in a multi-state Transportation Climate Initiative, which would charge transportation fuel companies for the carbon emissions associated with the gas and diesel they sell. Half of that money would go towards Baker’s $18 billion transportation bond bill, which includes major investments in the MBTA.

A Baker spokeswoman said the measure, “has been met with a broad coalition of support,” from folks in the business and environmental fields, including the Mass. High Tech Council, the Associated Industries of Massachusetts, MassTaxpayers Foundation and the Environmental League of Massachusetts.

Those carbon fees would be passed along to the consumer through gas prices and drive up the cost of living, according to Craney and Christopher Carlozzi, the State Director of the National Federation of Independent Business.

“Lawmakers talk about affordability and wanting to make sure residents can afford to live in Massachusetts and yet here we are talking about taxes that are going to be raised on every commuter, worker, consumer, small business and working family,” Carlozzi said. “This will just be one more thing that makes Massachusetts unaffordable.”

Raise Up Massachusetts officials argued that the gas tax increases are too regressive in a letter to legislators Thursday as well.

The Massachusetts Business Coalition on Transportation and the Greater Boston Chamber of Commerce have indicated their support for the Transportation Climate Initiative and a 15-cent gas tax increase phased in over a three-year period.

Rooney argued that the gas tax in Massachusetts has been held “artificially low” for over 30 years, increasing by “only” three cents since 1991.

“The gas tax has long been an established source of revenue for transportation funding in the Commonwealth and, frankly, nationally,” Rooney said.


State House News Service
Thursday, October 31, 2019

Coalition Urges Members to Back Biz Tax Measures
By Michael P. Norton


Members of a powerful advocacy coalition are mounting an effort to include business tax measures in a revenue package designed to bankroll transportation investments, saying proposals that add to the costs of gasoline and tolls are too regressive and will only put a heavier burden on low-income and middle class residents.

House leaders are assembling a revenue plan for debate sometime in the next three weeks, but have not unveiled any specific revenue-raising proposals.

In a letter to supporters Thursday, Raise Up Massachusetts officials argued that any revenue package should include proposals to create a tiered corporate minimum tax, address offshore tax shelters used by businesses, and require businesses to publicly disclose their tax burdens. The group, which estimates its ideas would generate at least $250 million, says businesses need to kick in contributions toward needed investments.

Raise Up is the group leading the push for a constitutional amendment to impose a $2 billion surtax on wealthy households. In recent years, the coalition has used the initiative petition process to force new laws guaranteeing paid family and medical leave benefits, earned sick time benefits, and minimum wage increases.

It's unclear whether any of the measures sought by the group would prevail in the House or Senate. Democrats hold a super-majority in both branches, but legislative leaders have been reluctant to directly impose new tax burdens on businesses. The House this month approved a business interest tax measure that's worth a total of $37 million to affected companies, but the plan was not embraced by the Senate and remains under negotiation.

While a formal proposal is still in development, House leaders say they want to come up with new revenues for transportation investments by tapping into users of the transportation system. That approach could favor an increase in the 24-cent per gallon gas tax, last increased by 3 cents a gallon in 2013, higher or new tolls, and higher fees on ride services like Uber and Lyft.

While there are divisions within the business community, some business groups this week indicated they favor increases in the gas tax and ride service fees.

"Noticeably absent is a greater contribution from large, profitable businesses," according to the unsigned letter from Raise Up, a coalition that includes 100 labor, faith and community organizations. "Raise Up Massachusetts does not support a revenue package comprised entirely of regressive taxes and fees."

Specifically, Raise Up is calling on lawmakers to include the following three measures in their revenue package:

-- Global Intangible Low Taxed Income tax. The levy would apply to a portion of profits at multinational corporations who do business in Massachusetts but use federal tax code provisions to shift U.S. profits to offshore tax havens.

-- Tiered Corporate Minimum Tax. The proposal would switch Massachusetts from the existing corporate minimum tax of $456 per year to a tiered structure that Raise Up says "would ensure that larger corporations pay a minimum in proportion to the size of their business" in Massachusetts while small businesses would continue to pay the minimum.

-- Corporate Disclosure. While the letter does not detail the proposal, Raise Up wants a disclosure law that it says would "help identify bad actors in the business community and allow us to measure the effects of the loopholes in our existing corporate tax rules." The group says a lack of information about the amount of taxes paid by specific corporations makes it difficult for researchers to examine "corporate loopholes."

The corporate tax disclosure measure was the focus of an initiative petition campaign in 1992 led by Jim Braude, the modern-day talk show host who back then headed up the former Tax Equity Alliance for Massachusetts (TEAM). Braude, working with former Congressman Joseph Kennedy II, ended up dropping the ballot question in favor of passage of a watered down disclosure law that followed talks with Gov. William Weld and members of the business community.

Massachusetts motorists, in addition to the possibility of a gas tax increase, could also face higher gas prices in connection with a compact Gov. Charlie Baker is pursuing with other Northeast and mid-Atlantic states to reduce carbon emissions through a cap-and-invest program to drive down emissions from cars and trucks.


The Boston Herald
Saturday, November 2, 2019

Green gas tax bid could push prices close to $5 a gallon
By Joe Dwinell


Gas tax opponents say they’ll regroup for a new fight if Gov. Charlie Baker joins an anti-climate change initiative that could push prices at the pump north of $4 a gallon.

Baker is eyeing the multistate Transportation Climate Initiative, which would charge energy companies for the carbon emissions associated with the gas and diesel they sell. Half of that revenue would go toward Baker’s $18 billion transportation bond bill, which includes major investments in the MBTA.

Joining the TCI, critics warn, will just hit consumers at the pump.

According to the AAA Fuel Gauge Survey, the average price of regular gas in Massachusetts is $2.56. But in California, where a similar climate initiative was rolled out, gas prices have gone as high as $4.90 cents a gallon.

“I don’t think it’s ever a wise policy to raise sales taxes. It just kills working people,” said state Rep. David DeCoste, a Norwell Republican. “Can you imagine $4 a gallon? It would just cream local retailers and crush the rest of us.”

DeCoste said he’s hoping the governor backs away from the pact, which would also rope in Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Connecticut, Delaware and Maryland.

Holly Robichaud, a GOP strategist who helped lead the repeal of a hike in the state’s gas tax in 2014, said it’s “outrageous” that any talk of boosting what motorists pay at the pump is coming up again.

“They should have gotten the message five years ago. Any hike in the cost of gas would be a killer for every small business and commuter,” said Robichaud. “There’s no need for it. We don’t have a money problem, we have a spending problem.”

The Baker team said the governor is mulling the TCI program, but such a hike is not a slam dunk.

“Governor Baker is pursuing the Transportation and Climate Initiative and it has been met with a broad coalition of support from members of both the business and environmental communities who believe this initiative will further mitigate the impacts of climate change, protect the health of our residents, and build a more resilient, sustainable and equitable transportation system for the next generation,” said spokesman Anisha Chakrabarti.

But drivers say they have it hard enough already.

John Patterson, 61, of Dorchester, told the Herald Friday, “It’s unfortunate that gas will have to go up because it would hurt the consumers’ pockets. It’s a necessity, and my means of transportation … is my bread and butter.”

Lin Li, of Brighton, added she doesn’t think such a tax would work. “People need to get to work one way or another it’s just going to cost them more. I still don’t think it’s going to alleviate the congestion … that’s not going to solve that problem.”

The Greater Boston Chamber of Commerce and the advocacy group Transportation for Massachusetts says a 15-cent increase over the next three years is more realistic.


The Boston Herald
Saturday, November 2, 2019

A Boston Herald editorial
Gas tax is a bad idea


Do you want to pay an additional $1.50 or more to fill up every time you stop at a gas station?

You would if a proposed gas tax being pushed by some Massachusetts lawmakers comes to pass. They’re in fact considering two measures that would drive up the cost of fuel. Gov. Charlie Baker’s support for the so-called Transportation Climate Initiative would lead to hikes, say analysts, and the House is mulling a 15-cent gas tax per gallon increase phased in over a three-year period.

AAA’s ongoing survey of gasoline prices on Friday morning had the national average per gallon at $2.614. Surprisingly, Bay State prices for a gallon of regular is below that at $2.562. California’s price is $4.07 ($4.348 for premium), and the best state to buy fuel in is Louisiana, at $2.233.

The federal government has an 18.4-cent excise tax on each gallon, but that hasn’t been hiked since 1993.

California, Connecticut, Georgia, Indiana, Illinois, Michigan and New York have sales taxes on gas purchases.

According to the U.S. Department of Transportation Federal Highway Administration, Americans now drive an average of more than 13,000 miles per year — the most ever.

But get this: Those same stats say Massachusetts drivers go an average of 11,759 miles a year. It may seem like we’re always in cars, but what’s shocking is that only four states have lower average annual miles driven.

A gas tax theoretically pays for road maintenance, and our roads are mostly awful, so an argument could be made that we need all the infrastructure help we can get. But government in the Bay State clearly has shown it is incapable of maintaining roads; laying the blame for that at insufficient funding seems bogus.

People in the Boston metro area would probably prefer not to drive, and finding parking is a nightmare. Traffic is a nightmare. The MBTA and commuter rail provides a driving alternative, albeit an oftentimes unreliable one. Proponents of the gas tax proposals say they’d use the new revenue to help improve public transportation. It certainly needs improvement, but at the same time — the T’s struggles are not new, and previous efforts to use taxes to better the system have not exactly yielded results.

Half of Baker’s $18 billion transportation bond bill would be paid for by charging transportation fuel companies for the carbon emissions associated with the gas and diesel they sell, with some of that revenue earmarked for helping the T. But still Beacon Hill wants more, and their target is the people who need the roads to get to work and keep their businesses running.

So taxing the entities who profit from fuel, rather than the end-users, sounds fair. But those carbon fees would be passed along to the consumer through gas prices and drive up the cost of living, according to MassFiscal Alliance spokesman Paul Craney and Christopher Carlozzi, the state director of the National Federation of Independent Business.

“Lawmakers talk about affordability and wanting to make sure residents can afford to live in Massachusetts and yet here we are talking about taxes that are going to be raised on every commuter, worker, consumer, small business and working family,” Carlozzi said. “This will just be one more thing that makes Massachusetts unaffordable.”

Massachusetts already duns its people for plenty in taxes. When the state figures out how to spend money more efficiently, it won’t have to always turn to taxpayers to solve its problems. Until then, we can’t support a gas tax hike.

 

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