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CLT UPDATE
Saturday, November 16, 2019

Preserve & Protect bumpersticker

Will Proposition 2½ still stand next week or be weakened?


House leaders this week stripped off the fall agenda one of the most important and controversial bills in the mix, and the agenda for the close of formal sessions for 2019 is now a little clearer.

With transportation tax and fee proposals idling in the breakdown lane for now, lawmakers appear to instead be working toward finishing work on legislation pledging $1.5 billion in new state aid for K-12 education over seven years and wrapping up work on a more than $700 million bill that spends most of the fiscal 2019 surplus while making a big deposit into the state rainy day fund.

Education bill negotiators Rep. Alice Peisch and Sen. Jason Lewis face pressure to deliver in the coming days on what would be the largest major accomplishment for the Legislature in 2019. Similarly, Rep. Aaron Michlewitz and Sen. Michael Rodrigues are under the gun to reconcile their differences over fiscal 2019 spending before debate starts in a few weeks on fiscal 2021 spending plans....

The House and Senate meet in informal sessions on Monday and under joint rules, they will then have just Tuesday and Wednesday to hold formal sessions.

Conference committees are supposed to file compromise bills by 8 p.m. the night before their proposals go before the House and Senate, though lawmakers have suspended that fair-notice rule in the past.

Starting on Thursday and until January, the branches will meet in informal sessions where important business is sometimes still conducted, although any single member can block the advancement of any bill during informals.

State House News Service
Friday, November 15, 2019
Advances - Week of Nov. 17, 2019


With just days remaining until the Legislature recesses until 2020, House Speaker Robert DeLeo said Thursday he's decided to push back his timeline for a hotly anticipated debate over new revenue for transportation until next year.

DeLeo and Ways and Means Chairman Aaron Michlewitz told the News Service that their commitment to passing legislation to raise new funding for transportation infrastructure has not waned.

The goal set by DeLeo for a fall debate, however, would require decisions on how to generate and spend new revenues that the Democratic leaders are not quite ready to make.

"After reviewing this with myself, the chairman (Michlewitz), Chairman (Mark) Cusack and Chairman (William) Straus, we decided that it's better that we try to get this right than to try to comply with, I guess you could say, a somewhat arbitrary deadline," DeLeo told the News Service.

The Legislature is set to recess on Nov. 20, and resume formal sessions in January. While the House and Senate will continue to meet in informal sessions through December, anything that requires a roll call vote must wait....

The Winthrop Democrat said he's "shooting for January now" to produce and vote on a revenue bill in the House, acknowledging that some legislators will be unhappy about the prospect of voting for tax increases in an election year....

DeLeo said he knows some House members will say delaying the debate until 2020 "makes the whole thing a little more difficult," but he's confident that the support for action will still be there....

Second Assistant Majority Leader Paul Donato presided over the House's brief Thursday session.

After the House adjourned until Monday, Donato said the education bill and a more than $700 million fiscal 2019 surplus spending bill are the two biggest priorities to get done by Wednesday.

"My understanding from both chairs on the Senate and the House side is that they're very very close," Donato said of the education negotiations.

State House News Service
Thursday, November 14, 2019
House Kicking Transportation $$$ Debate Into 2020


House Speaker Robert DeLeo is putting off a debate over tax legislation to fund transportation improvements until next year, throwing into doubt whether anything will happen in an area that advocates and business groups say is in desperate need of more funding.

After expressing some uncertainty Wednesday about his plans to take up the tax bill this fall and as word began to leak out on Thursday, DeLeo and House Ways and Means Chairman Aaron Michlewitz told the State House News Service that they were postponing the debate.

“We decided that it’s better that we try to get this right than to try to comply with, I guess you could say, a somewhat arbitrary deadline,” said DeLeo, who insisted most House lawmakers are committed to addressing transportation needs.

The delay pushes the entire legislative process into an election year, when lawmakers tend to be more sensitive about taking politically risky votes. It may also signal some reluctance to raise taxes to finance transportation improvements overall....

DeLeo said his new target is to put a bill out in January.

“Our commitment to the issue is still very strong, is still there. Our timeline is just going to be a little different than we initially perceived it to be,” said Michlewitz....

After DeLeo’s announcement, the [Mass.] High Tech Council issued a statement saying it was wise “to avoid any rush to revenue… The size of the tax, toll, and fee proposals advanced by some advocates are too large and the scope of their potential impact is too broad to move forward in anything but a methodical and data-driven way....

Stephen Brewer, who was chairman of the Senate Ways and Means Committee during the last major tax debate in 2013, said in a phone interview that legislative leaders will need to count votes, and it is especially important to have adequate support to override the governor if he is inclined to veto the bill.

“There’s nothing worse than taking a tax vote and not having it become law,” Brewer said. “It’s tough enough to take one. But if you take one and you’re on record and you didn’t get the revenues for it, then you lose twice.” ...

As the House put off action on a transportation bill, a new poll indicates 71 percent of voters think “action is urgently needed to improve the state’s transportation system” and 77 percent support new revenues to invest in transportation.

CommonWealth Magazine
Thursday, November 14, 2019
DeLeo calls off transpo tax debate for now


Cities and towns across Massachusetts are about to feel a real consequence of the Legislature's inability to close the books on the fiscal year that ended in June.

On Friday, the Department of Revenue is due to make its annual distribution of matching funds to cities and towns that raise revenue through the Community Preservation Act but an extra $20 million that the Legislature directed to the CPA Trust Fund won't be part of the payout.

When it passed a compromise fiscal 2020 budget in July, the Legislature included a provision directing the state comptroller to transfer $20 million from the fiscal 2019 surplus to the CPA Trust Fund as a way to bridge the gap until new, higher fees funding the CPA Trust Fund kick in next year.

But because the House and Senate have not been able to resolve their differences on a supplemental budget that would allow the comptroller to finalize surplus transfers, that $20 million has not yet been deposited into the trust and CPA communities will instead receive a state match of just 11 percent of what they raised in property tax surcharges....

The more-than-$700 million supplemental budget bill has been hung up between the House and Senate for weeks and neither side has shed insight on the holdups or when a final bill might emerge. Whenever it does get done, this year's close-out bill will be finalized later than any year since at least 1995.

State House News Service
Wednesday, November 13, 2019
Budget Holdup Blocking $20 Mil CPA Fund Distribution


Having watched another week go by without finalizing budget work left over from fiscal year 2019, the House and Senate now stand to forfeit more than $1 million in interest that the state could have earned had lawmakers completed their work on time.

The Legislature's inability to agree on a bill closing the books on the fiscal year that ended in June is keeping Comptroller Andrew Maylor from filing an annual report, which he was statutorily due to file by Oct. 31. And with the branches at loggerheads over the supplemental budget, hundreds of millions of dollars in fiscal 2019 surplus funds are sitting in the General Fund waiting to be transferred to the Stabilization Fund.

In late October, Maylor told the Legislature that if he was able to file his report by Friday, Nov. 15, the state will have lost out on more than $500,000 in interest and would lose out on at least $30,000 more each day after the 15th until he is able to file the report and make the transfer.

But it will take Maylor's office about 14 days -- or $420,000 in foregone interest -- from the time Gov. Charlie Baker eventually signs the supplemental budget bill to be ready to file his report, he said. So if the Legislature enacts the bill at the next chance it has, Monday, and the governor signs it immediately, Massachusetts will have lost out on $1.01 million in interest payments by the time all is said and done.

"I realize that in the context of the state government spending 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 comptroller wrote to the governor and Legislature in late October, when the estimate of forfeited interest was only $500,000....

Lawmakers have appeared unfazed by the inability to wrap up the fiscal year that ended 138 days ago, although the protracted process is cutting into the amount of time legislative leaders have to focus on other issues. The Legislature often procrastinates, leaving many important decisions to be made in a frenzy every other July.

State House News Service
Thursday, November 14, 2019
Cost of Budget Delay Surpassing $1 Million


Massachusetts voters support raising new revenue to make transportation investments, but a new poll shows they are divided over some of the key methods that lawmakers are weighing to generate funding....

While registered voters showed some support for other strategies such as increasing fees on ride-share services, a poll of 600 registered voters, released Friday by the MassINC Polling Group, revealed a split reception to a phased-in gas tax hike and majority opposition for a larger, all-at-once increase.

House leaders, who this week agreed to delay their planned fall debate until at least January, have said bumping up the state's 24-cent-per-gallon gas tax will likely be a central component of the eventual package, arguing that every penny increase leads to another $35 million in revenue....

Despite their lack of enthusiasm for gas tax hikes and for expanding roadway tolls to highways that do not currently have them, voters surveyed backed several revenue-generating ideas that have been floated on Beacon Hill....

MassINC's poll found 71 percent of respondents agreed that "action is urgently needed to improve the state's transportation system." Seventy-seven percent strongly or somewhat supported the general push for new transportation revenue compared to 15 percent who were opposed.

However, 49 percent of respondents also said they believe the state has the money it needs for transportation and only needs to spend it well compared to 39 percent who said more money is necessary regardless.

[See graphic below for poll results]

State House News Service
Friday, November 15, 2019
Poll: Voters Split on Key Transpo Revenue Ideas


In the Veterans Day shortened week, House and Senate Democrats got no closer to agreeing on how to spend over $700 million in surplus revenue from fiscal 2019, which ended July 1. But with three days of sessions left, House Speaker Robert DeLeo did lighten the pre-recess load in one big way.

The speaker said he's decided to push off a debate over new transportation revenues until January, requiring more time to take feedback from members and outside interest groups before deciding on a package that is widely expected to include a hike in the gas tax....

State House News Service
Friday, November 15, 2019
Weekly Roundup - Changing Minds


Congratulations, fellow Massachusetts taxpayers: We’re millionaires.

At least that’s how state agencies see us — deep-pocketed and willing to foot $75B worth of overhauling, repairing, maintenance and improvement transportation projects.

As the Herald’s Sean Philip Cotter reported, the state’s letter to Santa includes a potential $28.5 billion option to overhaul the Commuter Rail that already got a partial high sign from the MBTA’s oversight board; the Green Line extension; and billions in long-overdue maintenance fixes to get the Department of Transportation and the MBTA up to a normal state of repair. There’s a plan to straighten the Pike in Allston for $1.2 billion, and other highway fixes aimed at reducing congestion and repairing neglected roads and bridges.

We’re Santa....

“There is no foreseeable way that Massachusetts would be able to spend $75 billion on transportation over the next decade,” said former Inspector General Greg Sullivan, now of the Pioneer Institute. “We have to be thinking about dollars and cents — including common sense — in terms of how to ameliorate traffic congestion.”

Paul Craney of the Massachusetts Fiscal Alliance said, “The number is so high that it’s hard to fathom — it’d make the Big Dig look minuscule.”

The Boston business group A Better City is pushing for $50 billion in spending over the next 20 years, including several of the above-mentioned projects — and they have ideas on how to get the money.

A Better City is advocating pumping up the gas tax by 11.5 cents a gallon — a 46% increase — along with new fees on ride-hailing services and toll increases. The group also advocated for rising Registry of Motor Vehicle fees and adding new taxes on traded-in vehicles.

And where is the plan to increase the paychecks of Massachusetts taxpayers? Has someone devised a strategy to lower the cost of food, rent, utilities and other expenses Bay State residents have to pay, in addition to these new taxes and fees?

Santa doesn’t always bring presents, and Massachusetts taxpayers can also deliver our own lumps of coal — at the voting booth.

A Boston Herald editorial
Wednesday, November 13, 2019
Taxpayers shouldn’t be on hook for T plans


Massachusetts voters have had enough of the corruption that exists on Beacon Hill; therefore, it was a wise move by the legislative leadership to delay a vote on a hefty gas tax increase until after the holidays....

WBSM AM-1420
Friday, November 15, 2019
Vote on gas hike wisely delayed
By Barry Richards


Massachusetts lawmakers do the work of the people — and we are very lenient employers, apparently.

Who else would let workers put in light days and leave tasks unfinished?

The House has until next Wednesday to wrap up pending legislation before it breaks for winter recess, but you wouldn’t know an important deadline was looming if you sat in at yesterday’s session....

The Legislature is set to recess on Nov. 20, and resume formal sessions in January. And it’s possible that when it meets early next week it could pull all-nighters and hammer out significant legislation. You never know....

Legislation isn’t like wine — it isn’t supposed to age until its flavor develops. Doing the work of the people means delivering results in a timely manner.

A Boston Herald editorial
Friday, November 15, 2019
Lawmakers in no rush to vote


Chip Ford's CLT Commentary

The State House News Service reported:

"Under joint rules governing the branches, lawmakers must conclude all formal business for 2019 by Wednesday, Nov. 20.  Informal sessions will continue through December, with formal sessions resuming in January."

Major legislation languishing on Beacon Hill for months with the clock running out while the Legislature preoccupied itself with irrelevant and whimsical feel-good bills has become so jammed up that House Speaker DeLeo had to backtrack on his vow to pass his long-threatened Transportation Revenue scheme before their end-of-year recess.  Months of do-nothing procrastination by alleged "full-time" legislators of "The Best Legislature Money Can Buy" has forced DeLeo's tax hike abomination to be postponed.  That astronomical tax grab is off the table for now, awaiting the coming new year, 2020.

Now we can fully focus our attention on the latest threat to Proposition 2½ — the "mitigate the constraints of Propositon 2½" amendment — and whether the Education Finance Reform conference committee put it back into the education funding bill.  (It was included in the Senate version but dropped from the House's version.)  In the CLT letter delivered to the committee last week we pointed out that it was completely unnecessary, beyond the scope of the legislation, and should not be included.

I've done a number of interviews this week on the latest stealth assault on our Proposition 2½.  The latest was this morning at 8:00 AM, a half hour with Brian Thomas of WBSM AM-1420 in New Bedford.  On Thursday I was interviewed by Alan Zarek of WSAR AM-1480 in Fall River for his daily "Newsroom" program at noon.  We're getting the word out but the clock is running down.

In last week's CLT Update (November 10), "The Massive Tax Hikes Surge Is On," I wrote:

As always, critically important votes on massive policy changes and major tax hikes will come up in the last moments of the eleventh hour in the middle of the night in the final day or two before Beacon Hill denizens again disappear on another extended vacation. This has become increasingly more common, an apparent leadership strategy. Treat the citizenry like nuisance mushrooms: Keep them in the dark and well-fertilized. And keep legislative sheep equally in the dark until they must vote on whatever is dropped in front of them just moments before. They can be relied on to do as they are told — not by their constituents, but by their leaders who sign their pay checks.

That eleventh hour marathon session will be upon us this week.  It will arrive on Wednesday night, probably around midnight if not going into Thursday early morning.

Last year, a day before the Legislature broke for its extended summer vacation, we were still awaiting a vote to find out if the last assault on Proposition 2½ would survive in the massive Economic Development bill, or if we managed to defeat it.  We didn't have an answer until the following day.  We managed to save Proposition 2½ from the threat of "Community Benefits Districts" in that eleventh hour — actually twelfth hour-plus despite the imposed deadline.  The Legislature last year simply ignored the deadline and didn't pass the law (without assaulting Prop 2½) until 1:12 AM the next morning.  I know.  I was still awake and watching!

Let's all hope we can do it again.

Chip Ford
Executive Director

Prop 2-1/2 bumper sticker


 

State House News Service
Friday, November 15, 2019

Advances - Week of Nov. 17, 2019


House leaders this week stripped off the fall agenda one of the most important and controversial bills in the mix, and the agenda for the close of formal sessions for 2019 is now a little clearer.

With transportation tax and fee proposals idling in the breakdown lane for now, lawmakers appear to instead be working toward finishing work on legislation pledging $1.5 billion in new state aid for K-12 education over seven years and wrapping up work on a more than $700 million bill that spends most of the fiscal 2019 surplus while making a big deposit into the state rainy day fund.

Education bill negotiators Rep. Alice Peisch and Sen. Jason Lewis face pressure to deliver in the coming days on what would be the largest major accomplishment for the Legislature in 2019. Similarly, Rep. Aaron Michlewitz and Sen. Michael Rodrigues are under the gun to reconcile their differences over fiscal 2019 spending before debate starts in a few weeks on fiscal 2021 spending plans.

Legislation banning flavored tobacco products and taxing vaping products is making a late-2019 surge as well and is expected to clear the Senate Wednesday after passing the House this week on a 126-31 vote.

Also still in the mix: the stalled driving safety bill, a children's wellness bill that's in conference committee, and campaign finance reporting legislation that has cleared both branches in different forms.

The House and Senate meet in informal sessions on Monday and under joint rules, they will then have just Tuesday and Wednesday to hold formal sessions.

Conference committees are supposed to file compromise bills by 8 p.m. the night before their proposals go before the House and Senate, though lawmakers have suspended that fair-notice rule in the past.

Starting on Thursday and until January, the branches will meet in informal sessions where important business is sometimes still conducted, although any single member can block the advancement of any bill during informals.


State House News Service
Thursday, November 14, 2019

House Kicking Transportation $$$ Debate Into 2020
By Matt Murphy


With just days remaining until the Legislature recesses until 2020, House Speaker Robert DeLeo said Thursday he's decided to push back his timeline for a hotly anticipated debate over new revenue for transportation until next year.

DeLeo and Ways and Means Chairman Aaron Michlewitz told the News Service that their commitment to passing legislation to raise new funding for transportation infrastructure has not waned.

The goal set by DeLeo for a fall debate, however, would require decisions on how to generate and spend new revenues that the Democratic leaders are not quite ready to make.

"After reviewing this with myself, the chairman (Michlewitz), Chairman (Mark) Cusack and Chairman (William) Straus, we decided that it's better that we try to get this right than to try to comply with, I guess you could say, a somewhat arbitrary deadline," DeLeo told the News Service.

The Legislature is set to recess on Nov. 20, and resume formal sessions in January. While the House and Senate will continue to meet in informal sessions through December, anything that requires a roll call vote must wait.

DeLeo and House leaders in March and April signaled plans for a fall debate on transportation revenues, and the urgency associated with that debate was heightened in recent months by failures on the MBTA and congestion conditions on the roads that drivers are finding more and more intolerable.

Two weeks ago, DeLeo convened a group of his top deputies to gauge where in the process House leaders were in putting a package together. Majority Leader Ronald Mariano said after the meeting that they had started to "put some numbers next to the strategies," but would likely need a few more weeks.

"It makes it close, but the goal is to have something at least on the floor of the House before the end of the session," Mariano said.

Then two days later a coalition of business groups, led by Greater Boston Chamber of Commerce President Jim Rooney, shared the results of a survey of major Massachusetts employers on what types of new taxes or revenue enhancers they could support to improve public transit and reduce congestion.

The results were mixed, but DeLeo said the release of the information, including the chamber's support for a 15-cent gas tax increase, sparked an intensified interest among House members to share their opinions with leadership.

"Quite frankly, I think it's very, very important that we try to get this in the best possible form as possible and I think it's going to take more time for us to be talking with some of the members, who are probably a little more engaged now and want to talk a little more about it," DeLeo said.

Straus said the team working on the revenue package has ruled some options in and out, and mentioned how just this week a coalition of mayors and municipal leaders rallied behind a 15-cent gas tax increase.

"We got closer and more things to consider at the same time," Straus said about the past few weeks, suggesting the public attention paid to the fact that leaders were zeroing in on a plan "brought a number of the groups who had been watching but not communicating from outside the building into the discussion."

DeLeo said he's also given his commitment previously to support transportation improvements in all regions of the state, but some members have been seeking reassurances.

"It's not only the money. Some people also want to talk about the bill as a whole," DeLeo said. "There's a concern I hear from other parts of the state that with what's going on with the T they're concerned that this is going to be more T-centric than they want it to be."

The Winthrop Democrat said he's "shooting for January now" to produce and vote on a revenue bill in the House, acknowledging that some legislators will be unhappy about the prospect of voting for tax increases in an election year.

Rep. Paul Brodeur, who gave his farewell address in the House Wednesday as he prepares to take over as mayor of Melrose, sarcastically joked about his good fortune of missing the revenue debate.

"I will say I'm devastated to not be a part of the upcoming revenue debate, but I know you will all do quite well," Brodeur told his colleagues.

DeLeo said he knows some House members will say delaying the debate until 2020 "makes the whole thing a little more difficult," but he's confident that the support for action will still be there.

"I think that's always an issue, yes, but I think there also seems to be a commitment I get from most members, anyways, that something has to be done, that we just can't keep on going in the way we're going with our transportation system," DeLeo said. "There seems to be more of a commitment to making sure we get something done as opposed to sitting on the sidelines and just letting another year pass without doing that."

"Our commitment to the issue is still very strong, is still there. Our timeline is just going to be a little different than we initially perceived it to be," said Michlewitz, backing up the speaker.

Gov. Charlie Baker, a Republican, has said that he opposes increasing the gas tax, and would rather see the Legislature simply pass his $18 billion, multi-year bond bill that invest significant new funding into roads, bridges and public transit.

The Baker administration is also pursuing a multi-state initiative to cap carbon emissions from vehicles and generate potentially hundreds of millions of dollars for the state from the sale of carbon allowances to invest in clean transportation programs.

DeLeo said that he has spoken with Baker about the Transportation Climate Initiative and would also like to get a better idea of how it will work and how many states will participate before moving forward.

The TCI coalition plans to publish a draft memo of understanding in December that will include a proposed cap, and give states a better grasp of how much revenue could be expected.

"We'll be anxiously seeing what does occur in December, but at this point there isn't a TCI number that you could plug in," Straus said. "And then there's the practical matter of when would that money become available."

With a revenue debate off the agenda for next week, DeLeo said he's "anxiously awaiting some of the conference committee reports," including a ban on handheld cellphone use while driving, a children's health bill, and major overhaul of the state's education funding system.

Second Assistant Majority Leader Paul Donato presided over the House's brief Thursday session.

After the House adjourned until Monday, Donato said the education bill and a more than $700 million fiscal 2019 surplus spending bill are the two biggest priorities to get done by Wednesday.

"My understanding from both chairs on the Senate and the House side is that they're very very close," Donato said of the education negotiations.

The budget bill to close out the fiscal year that ended on July 1 was never sent to conference, but Michlewitz and Senate Ways and Means Chairman Michael Rodrigues have been negotiating for weeks.

"We're working on it," Michlewitz said.

The branches are also trying to iron out differences in a bill that would require legislative candidates to file more frequent campaign finance reports, and potentially change the way the state's top campaign finance regulator is selected.


CommonWealth Magazine
Thursday, November 14, 2019

DeLeo calls off transpo tax debate – for now
Speaker says House will try again next year 'to get this right'
By Bruce Mohl and Andy Metzger


House Speaker Robert DeLeo is putting off a debate over tax legislation to fund transportation improvements until next year, throwing into doubt whether anything will happen in an area that advocates and business groups say is in desperate need of more funding.

After expressing some uncertainty Wednesday about his plans to take up the tax bill this fall and as word began to leak out on Thursday, DeLeo and House Ways and Means Chairman Aaron Michlewitz told the State House News Service that they were postponing the debate.

“We decided that it’s better that we try to get this right than to try to comply with, I guess you could say, a somewhat arbitrary deadline,” said DeLeo, who insisted most House lawmakers are committed to addressing transportation needs.

The delay pushes the entire legislative process into an election year, when lawmakers tend to be more sensitive about taking politically risky votes. It may also signal some reluctance to raise taxes to finance transportation improvements overall. The Greater Boston Chamber of Commerce and other groups have voiced support for tax hikes, but the Associated Industries of Massachusetts, the Massachusetts High Technology Council, and the Massachusetts Competitive Partnership have thrown cold water on the idea.
DeLeo signaled in March this year that he wanted to have a debate on transportation revenues this fall and then just a few weeks ago several members of his leadership team indicated a vote was being planned for next week. But as the date drew closer the speaker and his leadership team became more and more wary of moving forward.

Many factors figured into the decision. Lawmakers from outside Boston expressed concerns about whether the bill would be too focused on the MBTA. Gov. Charlie Baker signaled no willingness to back down on his opposition to a package of new revenues. And Senate President Karen Spilka just last week gave no assurances that the Senate would take up a revenue package passed by the House, which made lawmakers already anxious about casting a tax vote even more nervous that it could all be for naught.

One House lawmaker, who asked to remain anonymous, welcomed the delay. The person said lawmakers need more time to listen to the concerns of their constituents and to deliver a balanced revenue package that benefits and/or hurts all parts of the state equally. The lawmaker said the proposals put forward, dealing with the gas tax, tolls, rideshare fees, and other revenue-raising measures, were all fairly complicated and required time to sort out. “These things are much more complicated when you get into the weeds,” the lawmaker said.

DeLeo said his new target is to put a bill out in January.

“Our commitment to the issue is still very strong, is still there. Our timeline is just going to be a little different than we initially perceived it to be,” said Michlewitz.

Chris Anderson, the president of the Massachusetts High Technology Council, a business group that sees no need for a major transportation revenue bill, seemed to sense early Thursday – before the speaker’s announcement – that the wind was changing on Beacon Hill.

“The legislative leadership is listening to a lot of the perspectives that we and others have been providing them,” he said on a taping of the CommonWealth Codcast that will be posted Sunday. “The key is a pending transportation bond bill that has a nearly $20 billion, 5-year spend and includes a revenue component that would be targeted at some environmental benefit. That is the message that’s causing the House to rethink the timing of when they take up what otherwise looks like a rush to judgment on a gas tax bill.”

Anderson said waiting until next year to debate transportation revenues would give lawmakers time to act on the governor’s bond bill and to see how much progress is being made on the transportation climate initiative, a multistate effort to place a charge on the carbon contained in automobile fuels. The participating states are expected to sign a memorandum of understanding next month. Baker has pledged to direct half of the money raised by the initiative to public transit and the MBTA.

Anderson said lawmakers also need more time to assess the political fallout of raising the gas tax for lawmakers representing communities bordering New Hampshire.

After DeLeo’s announcement, the High Tech Council issued a statement saying it was wise “to avoid any rush to revenue… The size of the tax, toll, and fee proposals advanced by some advocates are too large and the scope of their potential impact is too broad to move forward in anything but a methodical and data-driven way. We look forward to working with the Speaker and other legislative leaders to advance the most innovative and impactful solutions to our transportation challenges throughout the remainder of the 2019-20 legislative session.”

Stephen Brewer, who was chairman of the Senate Ways and Means Committee during the last major tax debate in 2013, said in a phone interview that legislative leaders will need to count votes, and it is especially important to have adequate support to override the governor if he is inclined to veto the bill.

“There’s nothing worse than taking a tax vote and not having it become law,” Brewer said. “It’s tough enough to take one. But if you take one and you’re on record and you didn’t get the revenues for it, then you lose twice.”

Rep. William Straus, the House chairman of the Transportation Committee, said the legislation would likely provide a funding stream for the annual disbursement of local road repair money known as Chapter 90. Though he said there is no set proposal yet, Straus said the bill is unlikely to create a new governance structure for the MBTA whose Fiscal and Management Control Board is due to expire in less than a year.

Jim Rooney, the president and CEO of the Greater Boston Chamber of Commerce, who coordinated a discussion in the business community on transportation revenues and supported a fairly aggressive package of proposals, blamed the House pullback on geographical politics. He said support for a transportation revenue package is fairly strong in and around Greater Boston but less strong in other parts of the state.

“The selling of it is dealing with the perception that it’s a Boston package, that it’s all about the T,” he said.

Rooney said he still believes a transportation bill will pass the House next year, but he says it will be tougher to pass in an election year and the likelihood is strong it will be far less ambitious than if it was done this year.

Straus dismissed the notion that the delay would result in a watering down of the proposal.

“I don’t think it does justice to the members or their constituents to think that a vote-taking in November versus a vote-taking in January changes any of the underlying policy or even political ramifications,” Straus said. “I think that you have to give a lot more credit to everybody in this.”

As the House put off action on a transportation bill, a new poll indicates 71 percent of voters think “action is urgently needed to improve the state’s transportation system” and 77 percent support new revenues to invest in transportation. But there was little unanimity among those polled for which revenues to use for transportation investments. According to the poll, 51 percent of voters support a hike in ride-hailing fees, 50 percent back new tolls at the state’s borders, and 43 percent support new tolls on I-95 and I-93.

The poll indicated 62 percent of voters support the so-called transportation climate initiative, which would raise the price of gasoline by assessing a fee on fuel wholesalers and using the proceeds from the fee to make investments in transportation. Only 49 percent of voters favored raising the gas tax by 5 cents three years in a row, and only 43 percent backed raising the tax 15 cents all at once.


State House News Service
Wednesday, November 13, 2019

Budget Holdup Blocking $20 Mil CPA Fund Distribution
By Colin A. Young


Cities and towns across Massachusetts are about to feel a real consequence of the Legislature's inability to close the books on the fiscal year that ended in June.

On Friday, the Department of Revenue is due to make its annual distribution of matching funds to cities and towns that raise revenue through the Community Preservation Act but an extra $20 million that the Legislature directed to the CPA Trust Fund won't be part of the payout.

When it passed a compromise fiscal 2020 budget in July, the Legislature included a provision directing the state comptroller to transfer $20 million from the fiscal 2019 surplus to the CPA Trust Fund as a way to bridge the gap until new, higher fees funding the CPA Trust Fund kick in next year.

But because the House and Senate have not been able to resolve their differences on a supplemental budget that would allow the comptroller to finalize surplus transfers, that $20 million has not yet been deposited into the trust and CPA communities will instead receive a state match of just 11 percent of what they raised in property tax surcharges.

Instead, DOR said its Division of Local Services will process the state match based on the money currently available in the trust fund on Friday. Whenever the surplus funds become available and are transferred into the CPA Trust Fund, DOR plans to recalculate the state match and provide cities and towns with a second slice of the pie, the department said.

The more-than-$700 million supplemental budget bill has been hung up between the House and Senate for weeks and neither side has shed insight on the holdups or when a final bill might emerge. Whenever it does get done, this year's close-out bill will be finalized later than any year since at least 1995.


State House News Service
Thursday, November 14, 2019

Cost of Budget Delay Surpassing $1 Million
By Colin A. Young


Having watched another week go by without finalizing budget work left over from fiscal year 2019, the House and Senate now stand to forfeit more than $1 million in interest that the state could have earned had lawmakers completed their work on time.

The Legislature's inability to agree on a bill closing the books on the fiscal year that ended in June is keeping Comptroller Andrew Maylor from filing an annual report, which he was statutorily due to file by Oct. 31. And with the branches at loggerheads over the supplemental budget, hundreds of millions of dollars in fiscal 2019 surplus funds are sitting in the General Fund waiting to be transferred to the Stabilization Fund.

In late October, Maylor told the Legislature that if he was able to file his report by Friday, Nov. 15, the state will have lost out on more than $500,000 in interest and would lose out on at least $30,000 more each day after the 15th until he is able to file the report and make the transfer.

But it will take Maylor's office about 14 days -- or $420,000 in foregone interest -- from the time Gov. Charlie Baker eventually signs the supplemental budget bill to be ready to file his report, he said. So if the Legislature enacts the bill at the next chance it has, Monday, and the governor signs it immediately, Massachusetts will have lost out on $1.01 million in interest payments by the time all is said and done.

"I realize that in the context of the state government spending 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 comptroller wrote to the governor and Legislature in late October, when the estimate of forfeited interest was only $500,000.

The money is still earning interest in the General Fund, Maylor's office told the News Service, but the state is losing out on the additional interest that money could be making because a portion of the Stabilization Fund is invested in CDs at local banks, which earn higher yields than the General Fund.

Maylor's office said it plans to provide a more precise estimate of the interest the state has forgone once the supplemental budget bill is enacted and the transfer is completed.

Among the spending being held up in the supplemental budget is a $50 million outlay to accelerate MBTA improvements, an additional $17 million in local scholarships, nearly $2 million for special education circuit breaker costs, $2.4 million for regional school transit and $2 million more for transportation costs for homeless students.

With the books still open on fiscal 2019 the Department of Revenue on Friday will make its annual distribution of matching funds to cities and towns that raise revenue through the Community Preservation Act but the extra $20 million that the Legislature directed to the CPA Trust Fund won't be part of the payout because it is tied up in the budget bill. The same goes for $10 million that the Legislature directed to the Massachusetts Life Sciences Investment Fund. That money will only become available once fiscal 2019 is officially closed out.

The impasse raises questions about relations between House Speaker Robert DeLeo and Senate President Karen Spilka, whose first-time budget chiefs, Rep. Aaron Michlewitz and Sen. Michael Rodrigues, were the last in the nation to agree on an annual state budget this summer. In addition to disagreements over the content of the bills, the two sides have been sniping over a procedural issue delaying the already late-arriving bill.

"We're waiting for them to deal with it. But the urgency is there," Rodrigues said two weeks ago. 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."

While both branches adopted a version of the supplemental budget bill, the Senate used a somewhat rare, but not unprecedented, procedure of advancing the legislation in a new bill rather than as a strike-and-replace amendment to the House's existing version. Having two vehicles (H 4132/S 2386) for the supplemental budget means one of the branches would have to bring it back to the floor for a second vote.

"I know that they have their thing, they've added some, you know, almost like a new bill," House Second Assistant Majority Leader Paul Donato said of the Senate two weeks ago. "We have ours. So I'm not sure how we're going to straighten it out."

Lawmakers have appeared unfazed by the inability to wrap up the fiscal year that ended 138 days ago, although the protracted process is cutting into the amount of time legislative leaders have to focus on other issues. The Legislature often procrastinates, leaving many important decisions to be made in a frenzy every other July.


State House News Service
Friday, November 15, 2019

Poll: Voters Split on Key Transpo Revenue Ideas
By Chris Lisinski


Massachusetts voters support raising new revenue to make transportation investments, but a new poll shows they are divided over some of the key methods that lawmakers are weighing to generate funding.

MassINC Poll

CLICK GRAPHIC TO ENLARGE

While registered voters showed some support for other strategies such as increasing fees on ride-share services, a poll of 600 registered voters, released Friday by the MassINC Polling Group, revealed a split reception to a phased-in gas tax hike and majority opposition for a larger, all-at-once increase.

House leaders, who this week agreed to delay their planned fall debate until at least January, have said bumping up the state's 24-cent-per-gallon gas tax will likely be a central component of the eventual package, arguing that every penny increase leads to another $35 million in revenue.

Gov. Charlie Baker opposes any gas tax hike, and the threat of his potential veto means legislators will likely need two thirds majority support in both chambers to enshrine an increase in state law.

Lawmakers last increased the state's gas tax in 2013 by 3 cents. They also indexed it to increase alongside inflation, but voters repealed that measure by a ballot question one year later.

Forty-nine percent of voters in MassINC's latest poll, which was sponsored by the Barr Foundation, supported raising the gas tax 5 cents three separate times over a six-year period, compared to 47 percent who opposed the idea and 5 percent who said they were undecided.

When asked about a single 15-cent increase, 52 percent opposed the idea and 43 percent supported it.

A MassINC poll conducted in August found 68 percent of respondents against a gas tax increase.

Despite their lack of enthusiasm for gas tax hikes and for expanding roadway tolls to highways that do not currently have them, voters surveyed backed several revenue-generating ideas that have been floated on Beacon Hill.

Nine of the 14 specific ideas researchers asked about during the Nov. 6-7 polling period received more support than opposition, seven of those by double-digit margins.

"As lawmakers tackle transportation funding for the second time this decade, most voters are on board with the need for both action and more revenue," MassINC researchers wrote in a report explaining the poll results. "Despite different regions experiencing transportation stresses in different ways, there is widespread acceptance of the need to do something — and support for some ways, at least, of raising more money to do it."

The most popular strategy in MassINC's latest poll was collecting contributions from real estate development projects that are located near major highways or public transit and directing the money toward the infrastructure. There was 73 percent support for that idea and only 18 percent opposition.

Voters were interested in the Transportation and Climate Initiative, a cap-and-invest system Massachusetts leaders are developing alongside a dozen other states that will likely increase prices at the pump and reduce carbon emissions. Sixty-two percent said they support the program, compared to 30 percent who do not.

Fifty-six percent of those polled backed a "managed lane" system where existing lanes would be converted to tolled so that some drivers could pay for a faster trip. Thirty-five percent opposed that proposal. Gov. Charlie Baker has expressed interest in a similar idea, though cautioned that it would not be possible to convert free lanes into priced ones.

Voters also endorsed imposing tolls at state borders 50 percent to 41 percent and, with 51 percent support and 38 percent opposition, increasing trip fees on transportation network companies such as Uber and Lyft.

They were split on the proposal of congestion pricing, where tolls are altered to affect commuting behavior: a large majority supported reducing tolls at off-peak times, while only 46 percent supported increasing those prices at rush hour.

A range of stakeholders have called on lawmakers to address ubiquitous traffic congestion and an aging transit network, particularly in the wake of an MBTA derailment that imposed months of delays and chronic traffic congestion problems in Massachusetts.

MassINC's poll found 71 percent of respondents agreed that "action is urgently needed to improve the state's transportation system." Seventy-seven percent strongly or somewhat supported the general push for new transportation revenue compared to 15 percent who were opposed.

However, 49 percent of respondents also said they believe the state has the money it needs for transportation and only needs to spend it well compared to 39 percent who said more money is necessary regardless.

Democratic House leadership said for months they planned to take up the topic this fall, but House Speaker Robert DeLeo told the News Service Thursday the debate would now take place in early 2020.

Full MassINC Poll Results


State House News Service
Friday, November 15, 2019

Weekly Roundup - Changing Minds
Recap and analysis of the week in state government
By Matt Murphy


In the Veterans Day shortened week, House and Senate Democrats got no closer to agreeing on how to spend over $700 million in surplus revenue from fiscal 2019, which ended July 1. But with three days of sessions left, House Speaker Robert DeLeo did lighten the pre-recess load in one big way.

The speaker said he's decided to push off a debate over new transportation revenues until January, requiring more time to take feedback from members and outside interest groups before deciding on a package that is widely expected to include a hike in the gas tax.

"We decided that it's better that we try to get this right than to try to comply with, I guess you could say, a somewhat arbitrary deadline," DeLeo told the News Service.

DeLeo and Ways and Means Chairman Aaron Michlewitz said the resolve to tackle taxes is not wavering, but they just want more time to listen to legislators who have suddenly become more "engaged" in the debate.

The decision to postpone, however, is fraught with political implications, as January turns into February and lawmakers start pulling papers to run for re-election and voting on tax hikes starts to look less appealing.

A new MassINC poll, in some ways, backed up the speaker, demonstrating how split 77 percent support for new transportation revenue can become when you start trying to parcel out how that revenue will be generated.

Real estate fees topped the list, while Logan Airport access tolls and increased registry fees were the least popular options with voters.

A phased-in 15-cent gas tax hike, like the one backed by the Greater Boston Chamber of Commerce, polled 49-47.

"We got closer and more things to consider at the same time," Transportation Committee Chairman William Straus said about the past few weeks.


The Boston Herald
Wednesday, November 13, 2019

A Boston Herald editorial
Taxpayers shouldn’t be on hook for T plans


Congratulations, fellow Massachusetts taxpayers: We’re millionaires.

At least that’s how state agencies see us — deep-pocketed and willing to foot $75B worth of overhauling, repairing, maintenance and improvement transportation projects.

As the Herald’s Sean Philip Cotter reported, the state’s letter to Santa includes a potential $28.5 billion option to overhaul the Commuter Rail that already got a partial high sign from the MBTA’s oversight board; the Green Line extension; and billions in long-overdue maintenance fixes to get the Department of Transportation and the MBTA up to a normal state of repair. There’s a plan to straighten the Pike in Allston for $1.2 billion, and other highway fixes aimed at reducing congestion and repairing neglected roads and bridges.

We’re Santa.

There’s nothing wrong with grand ideas, and some of the proposed projects sound great — there’s the North-South Rail Link tunnel that would run under downtown, long talked about, and which would be a boon to commuters. And the T plans to knock down that state-of-good-repair backlog, thank heaven.

But here is where the agencies voting “aye” on these grand plans need to heed the advice of the inestimable Mick Jagger and Keith Richards: “You can’t always get want what you want.”

Jagger, for the record, attended the London School of Economics.

According to the U.S. Census, the median per capita income in Massachusetts from 2013 to 2017 was $39,913. Some make much more, some make much less. But for most of us, life includes a budget, which needs to be adhered to.

It’s never a case of “let’s take two luxury vacations this year, and buy a new car, then put a new roof on the house,” but we — and here’s a concept transportation agencies might want to acquaint themselves with — put things on the back burner for when we can afford them. Maybe that’s in a few years, maybe more. Maybe never, sometimes a wish list is just a wish list.

That’s the tack taken by government watchers, who say it’s time to start picking and choosing transportation projects.

“There is no foreseeable way that Massachusetts would be able to spend $75 billion on transportation over the next decade,” said former Inspector General Greg Sullivan, now of the Pioneer Institute. “We have to be thinking about dollars and cents — including common sense — in terms of how to ameliorate traffic congestion.”

Paul Craney of the Massachusetts Fiscal Alliance said, “The number is so high that it’s hard to fathom — it’d make the Big Dig look minuscule.”

The Boston business group A Better City is pushing for $50 billion in spending over the next 20 years, including several of the above-mentioned projects — and they have ideas on how to get the money.

A Better City is advocating pumping up the gas tax by 11.5 cents a gallon — a 46% increase — along with new fees on ride-hailing services and toll increases. The group also advocated for rising Registry of Motor Vehicle fees and adding new taxes on traded-in vehicles.

And where is the plan to increase the paychecks of Massachusetts taxpayers? Has someone devised a strategy to lower the cost of food, rent, utilities and other expenses Bay State residents have to pay, in addition to these new taxes and fees?

Santa doesn’t always bring presents, and Massachusetts taxpayers can also deliver our own lumps of coal — at the voting booth.


WBSM AM-1420
Friday, November 15, 2019

Vote on gas hike wisely delayed
By Barry Richards


Massachusetts voters have had enough of the corruption that exists on Beacon Hill; therefore, it was a wise move by the legislative leadership to delay a vote on a hefty gas tax increase until after the holidays.

Lawmakers are proposing several measures to raise the gas tax. One would phase in a 15-cent-per-gallon increase in three equal increments. Another would increase the 24-cent tax by 15 cents per gallon all at once. I'll take neither.

Governor Charlie Baker opposes any gas tax increase. Perhaps he remembers that when the Legislature raised the tax several years ago, voters organized and immediately repealed it in the very next election.

House Speaker Robert DeLeo and Senate President Karen Spilka support the gas tax hike as a means of funding transportation projects. Taxpayers, meanwhile, see billions of dollars of their hard-earned money being wasted annually and do not support increasing the tax.

Those who commute into or out of Boston daily are demanding something be done about the failing subway, rail and highway systems as they should. But most of us don't commute to Boston or regularly use the rail, subway and highway systems in the Boston area, and don't feel we should have to share in the cost of upgrading them. Boston doesn't share economic development with the rest of the state, so why should we pay for its infrastructure?

Southeastern Massachusetts is denied a casino. We have no train connection to the state capital. Hell, we were even called "the end of the universe" when it came time to siting a high-tech center.

The power brokers keep stuffing all of the golden eggs into Boston at the expense of the rest of the state, so let them figure out a way to pay for the needed transportation upgrades. We paid for the Tip O'Neil Tunnel with money that was diverted away from local transportation projects. What did we get in return? Nothing.

When they begin treating the rest of the Commonwealth's citizens as equal partners, then perhaps I'll listen to their calls for new taxes to pay for their transportation needs. Until then, you're on your own, bro.

Barry Richard is the host of The Barry Richard Show on 1420 WBSM New Bedford. He can be heard weekdays from noon to 3 p.m.


The Boston Herald
Friday, November 15, 2019

A Boston Herald editorial
Lawmakers in no rush to vote


Massachusetts lawmakers do the work of the people — and we are very lenient employers, apparently.

Who else would let workers put in light days and leave tasks unfinished?

The House has until next Wednesday to wrap up pending legislation before it breaks for winter recess, but you wouldn’t know an important deadline was looming if you sat in at yesterday’s session. According to a State House News Service session summary, the House convened at 11:05 a.m., and members, staff and guests recited the Pledge of Allegiance.

Good start.

Next they adopted several congratulatory resolutions. Well, even the greatest singers need to warm up.

Then they rolled up their sleeves and got to work: concurring with a Senate referral from June to the Committee on Public Health of a petition relative to HIPAA standards; referring a petition relative to motorized shopping carts in food stores and shopping clubs to the Committee on Consumer Protection and Professional Licensure, and a petition naming two bridges in Woburn to the Committee on Transportation.

Dennis is closer to getting a Department of Municipal Finance, ditto the tweaking of sewer regulations in Auburn, and the Canvas n’ Cup in Milford is getting an additional license for wines and malt beverages to be drunk on the premises.

And they were done for the day, in less time than it takes to cook a frozen pizza.

There are three bills circling for a landing in conference committee — on funding for education, children’s health and a ban on driving with a handheld cellphone.

But surely they took steps to advance legislation on funding for transportation infrastructure? House Speaker Robert DeLeo himself earmarked fall as debate time for new transportation revenue.

Not so fast. Actually, not fast at all. According to State House News, DeLeo said he is pushing the funding debate into the new year, after consulting with his budget chief, Rep. Aaron Michlewitz, and other key chairmen.

“After reviewing this with myself, the chairman (Michlewitz), Chairman (Mark) Cusack and Chairman (William) Straus, we decided that it’s better that we try to get this right than to try to comply with, I guess you could say, a somewhat arbitrary deadline,” DeLeo said.

That “arbitrary” deadline was signaled by DeLeo and other House leaders in the spring.

The Legislature is set to recess on Nov. 20, and resume formal sessions in January. And it’s possible that when it meets early next week it could pull all-nighters and hammer out significant legislation. You never know.

But with DeLeo’s brooming of the transportation funding debate into, essentially, a new decade, one can’t help but be struck by a certain lack of urgency.

The House and Senate will meet in informal sessions through December, but anything that requires a roll call vote has to wait.

Winter won’t wait. Neither will snow, and commuting on the T during storms, nor driving on Boston’s congested streets, narrowed further by freshly plowed drifts.

Legislation isn’t like wine — it isn’t supposed to age until its flavor develops. Doing the work of the people means delivering results in a timely manner.

 

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


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