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CLT UPDATE
Friday, December 13, 2019

Will this craziness never end?


Supporters of increasing fees on ride-hailing trips, expanding highway tolls, and charging drivers for every mile they travel made their cases to lawmakers Thursday, each pitching their respective proposal as a necessary source of revenue to address the state's growing transportation needs.

Several key House members have hinted that they are likely to include an increase in the state's 24-cents-per-gallon gasoline tax in a transportation revenue bill that Speaker Robert DeLeo is eyeing for release next month, but other ideas put on the table during a Transportation Committee hearing on Thursday could supplement that revenue stream.

Rep. Thomas Stanley warned his colleagues that over the long term the gas tax will be insufficient to meet roadway and public transit needs. Rising fuel efficiency in vehicles, he said, means that even the same frequency of driving will result in motorists purchasing less gas, generating less revenue for the state.

Instead, Stanley suggested Massachusetts embrace legislation (H 3010) he co-filed with Rep. Tricia Farley-Bouvier to create a pilot program to test fees based on the miles people travel rather than the amount of gas used.

That system, often referred to as vehicle miles traveled or VMT, would help ensure that Massachusetts has the funding available to make upgrades to its aging public transit systems and roads and bridges that require maintenance or overhauls, Stanley said....

The hearing took place against a backdrop of warnings from the Baker administration that traffic has reached a "tipping point," concerns from businesses about the economic impact of transportation challenges for their employees, and widespread frustration over public transit disruptions from commuters....

Two proposals, both filed by Lynn Democratic Sen. Brendan Crighton, would look at overhauling the state's toll system and expand those charges to many more drivers than currently face them.

The first bill (S 2060) would instruct the Department of Transportation to report on the feasibility of implementing all-electronic tolling on state and interstate highways "not currently subject to a toll," taking a look in particular at tolls along the state's borders.

The second (S 2062) would expand tolls to stretches of Interstate 93, Interstate 95 and Route 2 in an attempt to apply equal charges to drivers across the greater Boston region. That bill also calls for implementation of dynamic "peak pricing" where the toll varies based on roadway conditions.

Crighton told the committee that the new systems could help reduce congestion, encourage shared rides and bring in funding for transit infrastructure....

Transportation Committee Co-Chair Rep. William Straus told reporters after the hearing that he would not rule out any revenue ideas — including all of those that were on Thursday's agenda — from the House's plans, save for a legislative increase to MBTA fares.

State House News Service
Thursday, December 5, 2019
Alternatives To Gas Tax Pitched For Transpo Revenue


Voters in seven of the states participating in a nascent program to reduce transportation emissions, including Massachusetts, largely support the effort, according to a new poll.

A MassINC poll published Wednesday found that a majority of registered voters in Massachusetts, Connecticut, Maryland, New York, New Jersey, Pennsylvania and Virginia strongly or somewhat support their home state's participation in the Transportation and Climate Initiative.

In Massachusetts, 68 percent of the 629 respondents said they support the program, compared to 21 percent who oppose it and 11 percent who are unsure, according to the poll, which was sponsored by the Barr Foundation.

Only New York voters, with 71 percent support and 19 percent opposition, were more in favor among those polled....

Bay State voters were the most enthusiastic among those surveyed about using that new funding to improve existing public transit: 86 percent strongly supported that use, a higher rate than any of the other six states, according to the poll....

"This is a complex policy, and so we took the time to explain the basics of how it would work and how states might use the funds generated by it," MassINC Polling Group President Steve Koczela said in a press release. "Support was broad, stretching across demographic and party lines and throughout the region." ...

Although the final TCI terms are still in development, it is likely that consumer costs at the gas pump will increase. The poll's question did not reference the potential of higher costs on motorists when asking about their support for the program.

State House News Service
Wednesday, December 11, 2019
Poll: Voters Back Compact to Reduce Transpo Emissions


Massachusetts is one of a dozen states working on a new cap-and-trade program to reduce vehicle emissions, but critics say the plan could be a boon for New Hampshire and other border states that don't go along with it.

The Transportation Climate Initiative, put together by a dozen Northeast and Mid-Atlantic states working on reducing pollution, is focusing on gasoline and diesel which account for more than 80% of regional carbon emissions. It could lead to a new wholesale tax on fossil fuel suppliers to pay for regional transportation projects.

Under the plan, suppliers who transport fuel across state lines would be required to pay a tax on excess carbon emissions based on caps that still must be set.

Still, it's not clear if New Hampshire and Vermont, where skeptical Republican governors have expressed concerns about the plans, will buy into the initiative. If they don't, critics say Massachusetts' motorists could be saddled with higher prices at the pumps than neighboring states, as wholesalers pass along costs to consumers.

"It would give people yet another reason to take their business across the border to New Hampshire, which puts the state and my district at a competitive disadvantage," said Rep. Lenny Mirra, R-West Newbury, who opposes the regional plan. "But more importantly, this would be a regressive tax that would hurt working people who drive to work." ...

Christopher Carlozzi, Massachusetts state director of the National Federation of Independent Businesses, said the plan will hurt businesses and others who can't afford higher gas prices.

"It's a gas tax by another name," he told reporters at briefing Wednesday. "TCI will unfairly tax every small business, commuter and working family in Massachusetts."

Gov. Charlie Baker, a Republican, committed the state to joining the program last year as part of an effort to reduce traffic congestion and tackle climate change....

Lawmakers are also considering proposals to increase the state's 24-cent per-gallon gas tax, which was last hiked in 2013, amid a renewed push by transit advocates.

Baker opposes an increase in the gas tax, arguing the move is unnecessary and would unfairly burden low-income families and small business owners.

Transportation Secretary Stephanie Pollack has acknowledged that TCI will probably lead to higher gas prices, but pushed back against those who are calling it a tax.

"It is not a gas tax," she told lawmakers during an October hearing before the Legislature's Joint Transportation Committee. "It is a cap-and-invest program." ...

Nancy Kyle, president and CEO of the New Hampshire Retail Association, welcomes the idea of more Massachusetts consumers flocking to the Granite State to shop and fill up the tank.

"They're already coming up here to shop because of the lack of a sales tax," she said. "So maybe while they're here, they'll stop at a gas station to fill up before heading home." ...

Meanwhile, a new poll by MassINC Polling found at least 66% of respondents in Massachusetts and seven other states supported the regional approach to addressing climate change.

But the survey of nearly 7,000 voters didn't ask if they supported new taxes and fees to implement the program, and critics pounced on the omission.

"People may be in favor of TCI but do they know the costs?" Carlozzi said Wednesday. "The poll didn't explain that the costs would be passed along to consumers at the gas pumps."

The Salem News
Thursday, December 12, 2019
Climate program could be boon for border states


Gov. Charlie Baker says he wants to reduce carbon emissions — that’s the reason for the Transportation Climate Initiative’s planned fee rollout, which would charge fuel companies for the carbon emissions associated with the gas and diesel they sell.

As the Boston Herald’s Mary Markos reported, Baker stumped for the plan at the Transportation and Climate Initiative Business Summit in Boston Wednesday. The TCI wll do great things to battle climate change, according to Baker, adding that the transportation sector is the “next big space” to move away from fossil fuels and toward renewable energy, since it now represents 40% of all emissions....

The essence of the plan: Consumers pay higher gas prices, and half of the money raised through the fees go toward Baker’s $18 billion transportation bond bill, which includes major investments in the MBTA. Pay more for gas so public transportation improves, carbon emissions are lowered, happiness reigns.

But if this were really just about getting people to drive less and drive down emissions, why not use the same incentives and breaks the state provides to entice people to switch to solar energy? ...

“It’s a back door way of trying to pass a gas tax,” said Republican strategist Holly Robichaud.

“This is just another angle to justify sticking it to the drivers instead of trying to actually reform the way business is done at the MBTA,” U.S. Senate candidate Geoff Diehl said.

Higher gas prices are not going to lessen the distance commuters need to cover, nor move them to neighborhoods accessible by the T. They won’t make cars more fuel-efficient, and if drivers do decide to switch vehicles in order to save on gas, won’t help them cover the cost of a new car....

What is especially galling is Baker’s indication that he would exercise his power to implement TCI through an executive order. The people would pay, but we’d have no say. Rep. David DeCoste, R-Norwell, said he plans to file a bill that would require legislative approval before the governor could enter Massachusetts into any similar compacts.

Climate change needs to be tackled and carbon footprints reduced. There are just better ways of doing it without soaking the taxpayer.

A Boston Herald editorial
Friday, December 13, 2019
Better ways for Baker to cut carbon emissions


House and Senate leaders broke a weeks-long impasse over a more than $1 billion surplus spending bill on Wednesday night, cutting a deal that dropped a controversial corporate tax change that would have financially benefited Massachusetts businesses and set aside $32 million for repairs on the MBTA, which is less than the $50 million sought by Gov. Charlie Baker.

The vote on the compromise budget bill to close the books on the fiscal year that ended back in June capped a tumultuous day during which Comptroller Andrew Maylor backed off a threat to sweep the entire surplus into reserves by mid-afternoon if the Legislature couldn't resolve its differences.

And before the deal was finalized, House counsel Jim Kennedy got involved in a back-and-forth with Maylor over the breadth of his legal authority, with Kennedy challenging Maylor's assertion of power to sweep the surplus and leave deficits in certain accounts, including MassHealth.

The total spending in the final version of the budget clocked in at $541 million, which was significantly less than previous iterations of the bill that ranged from $723 million to $853 million. Instead of spending more of the surplus, the budget bill proposed to deposit $587 million into the state's "rainy day" fund, pushing the balance of the reserve account to $3.45 billion.

State House News Service
Thursday, December 12, 2019
House, Senate Pass $541 Mil Spending Bill


Chip Ford's CLT Commentary

All week I've been trying to get to rebuilding my computer system.  All week the interruptions of my critical plan have continued.  I've made very little if any progress with my big project.

There was a time (actually until this year) when the Legislature stopped pestering us citizens, when we all could take a much needed reprieve from self-defensive politics at least for a month, at least with the Christmas, Chanukah, and New Year holidays upon us.  There was a period of time, however short, when Beacon Hill recessed, left the State House and went home, wasn't threatening taxpayers for a while; when there was a predictable lull in the need for our perpetual vigilance — a temporary ceasefire, a time of peace.

That reliable tradition this year has been abolished.

My essential computer rebuild project has had to be and remains on hold.  I don't know what will happen if this harassment doesn't end in 2019 and the new year and new session roll in without a pause.  At some point I'm going to need to just shut down and take care of the computer problems, before the system dies without permission or warning.

But today I threw up my hands and threw in the towel for this week.  Maybe I can get back to it over the weekend or later next week.

The odds on that happening look no better than this past week's experience.

But there is a note of long-overdue good news at the end of my commentary, below a cause for celebration!


This week CLT joined a coalition of citizens and taxpayers organizations and free-market business associations representing the thirteen Northeastern and Mid-Atlantic states now contemplating joining the Transportation and Climate Initiative (TCI).  We will be issuing a coordinated joint news release in our respective states on Tuesday announcing our joint opposition to this nascent backdoor gas tax hike scheme.

This comes after the release of a poll conducted by MassINC that purports to show alleged great support for TCI.  The poll is apparently intended to shape rather than reflect public opinion what's commonly called a "push poll" asking questions in a calculated way that returns the desired response.

The State House News Service reported on Wednesday ("Poll: Voters Back Compact to Reduce Transpo Emissions"):

Although the final TCI terms are still in development, it is likely that consumer costs at the gas pump will increase. The poll's question did not reference the potential of higher costs on motorists when asking about their support for the program.

The Salem News reported yesterday ("Climate program could be boon for border states"):

Meanwhile, a new poll by MassINC Polling found at least 66% of respondents in Massachusetts and seven other states supported the regional approach to addressing climate change.

But the survey of nearly 7,000 voters didn't ask if they supported new taxes and fees to implement the program, and critics pounced on the omission.

"People may be in favor of TCI but do they know the costs?" Carlozzi said Wednesday. "The poll didn't explain that the costs would be passed along to consumers at the gas pumps."

Any credible pollster would have included that critical piece of information in any legitimate poll if it expected an honest result, don't you think?

More to follow on this in the week ahead.


The Legislature finally got around to closing out Fiscal Year 2018 which ended on June 30.  The statutory deadline for closing out the fiscal year was October 31  but as we all know, statutes and laws apparently don't apply to the Legislature, like everything else.

The State House News Service reported yesterday ("House, Senate Pass $541 Mil Spending Bill"):

The total spending in the final version of the budget clocked in at $541 million, which was significantly less than previous iterations of the bill that ranged from $723 million to $853 million. Instead of spending more of the surplus, the budget bill proposed to deposit $587 million into the state's "rainy day" fund, pushing the balance of the reserve account to $3.45 billion....

"It is our hope that the Fiscal Year 2019 closeout process was a true anomaly and that the opinion of House Counsel does not foreshadow the reaction to future fiscal year closes, and the associated net surplus transfers which the Comptroller has already stated will happen no later than the statutory deadline," [Comptroller Andrew Maylor] said.

What is wrong with this Legislature how can it possibly continue to get away with this much gross dysfunction?  It was the latest in the nation to pass its Fiscal Year 2020 budget, late into the night of July 22.  All the huge, comprehensive legislation that was worked on over the year wasn't completed until the final "official" day of this session, in the wee hours of November 20-21 with no little if any time for rank-and-file legislators to do anything but rubber-stamp passage of everything the leadership dropped in front of them only hours if that before the vote.

Here's a bit of perspective.

In Kentucky, its General Assembly (House and Senate) convenes in regular session on the first Tuesday after the first Monday in January for 60 days in even-numbered years and for 30 days in odd-numbered years.  It convenes in special sessions at the call of the governor.  The Kentucky Constitution mandates that a regular session be completed no later than April 15 in even-numbered years and March 30 in odd-numbered years.

The Commonwealth of Kentucky (one of four states so designated, along with Massachusetts, Pennsylvania, and Virginia) has a two-year budget.  That's why legislative sessions in even-numbered years are expanded to 60 days an additional 30 days to produce its two-year budget.

By the way:  Kentucky legislators are paid for each legislative day while actually in session in Frankfort, the state capital, a salary of $188.22 per day.  For each legislative day of that 30 or 60 days (depending on even or odd years) that the General Assembly is actually in session, each legislator receives a per diem payment of $154 per day.

"The Kentucky Constitution mandates that a regular session be completed no later than April 15 in even-numbered years and March 30 in odd-numbered years."

After that they go back home until the next January and leave the state's citizens alone.

There is very little state political news in Kentucky after those constitutional deadlines.  Kentuckians are not pestered by the General Assembly after early spring.

Oh yeah, here's another comparative insight:  There are no state gun laws whatsoever in Kentucky.  None.  Only convicted felons are barred from owning a firearm.


THE GOOD NEWS:

The Boston Herald
Friday, December 13, 2019
Massachusetts income tax drops to 5% flat rate — 20 years after passage

More on this tomorrow, but in an interview with The Boston Globe's Matt Stout today I told him:

CLT and taxpayers have been expecting this; it was announced as more than likely months ago almost impossible to avoid.  But it’s always worth having it confirmed.  With Massachusetts government, don’t believe it until you see it, hold it in your hands.

Remember, the Dukakis “temporary” income tax hike of 1989 was promised to last “only 18-months” when it was being sold as necessary for the “fiscal crisis” following the “Massachusetts Miracle” that Dukakis ran on when he was the Democrat’s presidential candidate.

It’s a shame that Barbara Anderson isn’t around to celebrate, after all the time and effort she put into keeping the Legislature's promise and rolling back the ‘temporary’ income tax, including two statewide petition drives and the exhausting 2000 ballot campaign she led.  She died three years ago, and Chip Faulkner, CLT’s associate director who coordinated the petition drives, passed away this year.”

But considering that almost two generations have passed since “the promise” was made and kept broken, there are a legion of former-taxpaying souls who are also no longer with us to celebrate as well.  There are a multitude of taxpayers today for whom this will be the first time they’ll ever have paid a 5% income tax in their lifetimes — higher is all theyve ever known!

I pointed out to Matt Stout that the final five one-hundredths of one percent reduction isn’t much, but consider how many billions taxpayers have over-paid during the past thirty years, how many multiple billions of that illicit additional revenue the state has raked in over those decades.

MORE TO FOLLOW TOMORROW

Chip Ford
Executive Director


 

State House News Service
Thursday, December 5, 2019

Alternatives To Gas Tax Pitched For Transpo Revenue
By Chris Lisinski

Supporters of increasing fees on ride-hailing trips, expanding highway tolls, and charging drivers for every mile they travel made their cases to lawmakers Thursday, each pitching their respective proposal as a necessary source of revenue to address the state's growing transportation needs.

Several key House members have hinted that they are likely to include an increase in the state's 24-cents-per-gallon gasoline tax in a transportation revenue bill that Speaker Robert DeLeo is eyeing for release next month, but other ideas put on the table during a Transportation Committee hearing on Thursday could supplement that revenue stream.

Rep. Thomas Stanley warned his colleagues that over the long term the gas tax will be insufficient to meet roadway and public transit needs. Rising fuel efficiency in vehicles, he said, means that even the same frequency of driving will result in motorists purchasing less gas, generating less revenue for the state.

Instead, Stanley suggested Massachusetts embrace legislation (H 3010) he co-filed with Rep. Tricia Farley-Bouvier to create a pilot program to test fees based on the miles people travel rather than the amount of gas used.

That system, often referred to as vehicle miles traveled or VMT, would help ensure that Massachusetts has the funding available to make upgrades to its aging public transit systems and roads and bridges that require maintenance or overhauls, Stanley said.

"Without a reliable long-term revenue source, the state will fall further behind properly maintaining our transportation infrastructure," he said.

The hearing took place against a backdrop of warnings from the Baker administration that traffic has reached a "tipping point," concerns from businesses about the economic impact of transportation challenges for their employees, and widespread frustration over public transit disruptions from commuters.

"The system is not working today for constituents in any of your districts around the state," Transportation for Massachusetts Executive Director Chris Dempsey told the committee. "There's different reasons in different parts of the state, but the system is not working. Your body is really needed, an action from your body is needed soon to try to dig us out of that hole we're in."

Two proposals, both filed by Lynn Democratic Sen. Brendan Crighton, would look at overhauling the state's toll system and expand those charges to many more drivers than currently face them.

The first bill (S 2060) would instruct the Department of Transportation to report on the feasibility of implementing all-electronic tolling on state and interstate highways "not currently subject to a toll," taking a look in particular at tolls along the state's borders.

The second (S 2062) would expand tolls to stretches of Interstate 93, Interstate 95 and Route 2 in an attempt to apply equal charges to drivers across the greater Boston region. That bill also calls for implementation of dynamic "peak pricing" where the toll varies based on roadway conditions.

Crighton told the committee that the new systems could help reduce congestion, encourage shared rides and bring in funding for transit infrastructure.

"With traffic at a standstill, residents are not able to reliably get to work," Crighton said. "Our strained transportation system poses serious challenges for our business community and the continued economic growth of our state."

Lynn Mayor Thomas McGee, who previously held Crighton's Senate seat and co-chaired the Transportation Committee, endorsed his predecessor's bill to create an expanded "Metropolitan Transportation Network." McGee said he filed a similar version when he was in the Legislature.

"When you get those dollars and make that investment, it improves transportation for the whole region," he said.

Another Crighton bill would increase the fees on ride-hailing companies such as Uber and Lyft. The state currently assesses a flat 20-cent fee on each ride through those services, regardless of length. The legislation (S 2063) would change that to a scaled percentage of the overall fare.

Under the proposal, the fees would be 4.25 percent of the total fare paid for shared rides and 6.25 percent of the fare for a single passenger trip.

Lizzi Weyant, government affairs director for the Metropolitan Area Planning Council, told lawmakers Thursday that Massachusetts has lower fees on transportation network companies or TNCs than many other areas and does not do enough to incentivize shared rides. She said the state also does not collect enough data from the trips, which Gov. Charlie Baker targeted in a bill he filed in July.

Lyft spokesman Campbell Matthews said in a statement that the company believes higher fees will not make a significant impact on congestion.

"MassDOT's own report shows that people driving alone in personal cars is the biggest contributing factor to congestion," she said. "This is why proposing to increase fees on rideshare alone will never solve the Massachusetts' traffic problems, and will only hurt those who rely on rideshare."

An MAPC report in July said the MBTA missed out on more than $20 million in foregone fare revenue from passengers who jumped ship onto TNCs.

Weyant said the MAPC also supports many other ideas, including exploration of mileage-based vehicle fees, additional tolling opportunities and better regional transit authority funding, but has not endorsed specific bills before the committee.

"It feels a little bit like Groundhog Day, sitting in this chair, talking about a transportation crisis, urging financing mechanisms that are needed to meet our statewide needs," Weyant told the committee.

House leaders initially said they wanted to debate and vote on a transportation revenue package this fall, but with only a week remaining for formal sessions in 2019 DeLeo decided last month to push it back until January.

Transportation Committee Co-Chair Rep. William Straus told reporters after the hearing that he would not rule out any revenue ideas — including all of those that were on Thursday's agenda — from the House's plans, save for a legislative increase to MBTA fares.

The committee's Senate chair, Joseph Boncore, said his chamber would likely wait to take up the topic until after an informal Senate working group examining transportation wraps up its work. He declined to put a date on that, but said it would be "as soon as the work's done."


State House News Service
Wednesday, December 11, 2019

Poll: Voters Back Compact to Reduce Transpo Emissions
By Chris Lisinski

Voters in seven of the states participating in a nascent program to reduce transportation emissions, including Massachusetts, largely support the effort, according to a new poll.

A MassINC poll published Wednesday found that a majority of registered voters in Massachusetts, Connecticut, Maryland, New York, New Jersey, Pennsylvania and Virginia strongly or somewhat support their home state's participation in the Transportation and Climate Initiative.

In Massachusetts, 68 percent of the 629 respondents said they support the program, compared to 21 percent who oppose it and 11 percent who are unsure, according to the poll, which was sponsored by the Barr Foundation.

Only New York voters, with 71 percent support and 19 percent opposition, were more in favor among those polled.

Pollsters reached nearly 6,400 voters across the states. Every state saw at least 30 percent net approval for the program, often referred to as TCI, when pollsters asked if voters would support requiring gasoline and diesel companies to pay for the pollution they create and using the proceeds to improve transportation.

"This is a complex policy, and so we took the time to explain the basics of how it would work and how states might use the funds generated by it," MassINC Polling Group President Steve Koczela said in a press release. "Support was broad, stretching across demographic and party lines and throughout the region."

Twelve states — the seven targeted in the poll plus Delaware, Maine, New Hampshire, Rhode Island and Vermont — and the District of Columbia are negotiating the framework for TCI, which will be a mandatory cap-and-invest system similar to the Regional Greenhouse Gas Initiative.

Once implemented, fuel suppliers will need to purchase carbon allowances to account for the emissions created by their products. Early estimates indicate the caps could generate $150 million to $500 million in revenue for Massachusetts, which could then be directed toward transportation projects.

Bay State voters were the most enthusiastic among those surveyed about using that new funding to improve existing public transit: 86 percent strongly supported that use, a higher rate than any of the other six states, according to the poll.

The second-most popular spending plan among Massachusetts voters was a tie, with 82 percent strongly supporting both protecting existing infrastructure from the effects of climate change and making public transit more affordable to encourage greater ridership.

State leaders plan to unveil proposed emissions caps for TCI by the end of the month.

Although the final TCI terms are still in development, it is likely that consumer costs at the gas pump will increase. The poll's question did not reference the potential of higher costs on motorists when asking about their support for the program.

Gov. Charlie Baker, Transportation Secretary Stephanie Pollack and Energy and Environmental Affairs Secretary Katie Theoharides plan to discuss TCI at a Wednesday event hosted by environmental and business groups.

The National Federation of Independent Business and the Massachusetts Fiscal Alliance, the latter of which has previously criticized the process for drafting TCI, are also planning a Wednesday press conference to announce their opposition to the multi-state initiative. Both groups said state lawmakers would join them.

NFIB argues the costs of the caps will "ultimately be passed on to small businesses, consumers and commuters at the gas pump as a hidden fuel tax."

"Small businesses require fuel to transport goods and provide services. Many have fleets and employees use vehicles to get to job sites or a client’s location," the organization wrote. "This new tax will impact more than just small businesses and their workforce. It also means when operating costs for businesses increase, the prices of goods and services will go up for every Massachusetts consumer."


The Salem News
Thursday, December 12, 2019

Climate program could be boon for border states
By Christian M. Wade, Statehouse Reporter

Massachusetts is one of a dozen states working on a new cap-and-trade program to reduce vehicle emissions, but critics say the plan could be a boon for New Hampshire and other border states that don't go along with it.

The Transportation Climate Initiative, put together by a dozen Northeast and Mid-Atlantic states working on reducing pollution, is focusing on gasoline and diesel which account for more than 80% of regional carbon emissions. It could lead to a new wholesale tax on fossil fuel suppliers to pay for regional transportation projects.

Under the plan, suppliers who transport fuel across state lines would be required to pay a tax on excess carbon emissions based on caps that still must be set.

Still, it's not clear if New Hampshire and Vermont, where skeptical Republican governors have expressed concerns about the plans, will buy into the initiative. If they don't, critics say Massachusetts' motorists could be saddled with higher prices at the pumps than neighboring states, as wholesalers pass along costs to consumers.

"It would give people yet another reason to take their business across the border to New Hampshire, which puts the state and my district at a competitive disadvantage," said Rep. Lenny Mirra, R-West Newbury, who opposes the regional plan. "But more importantly, this would be a regressive tax that would hurt working people who drive to work."

Christopher Carlozzi, Massachusetts state director of the National Federation of Independent Businesses, said the plan will hurt businesses and others who can't afford higher gas prices.

"It's a gas tax by another name," he told reporters at briefing Wednesday. "TCI will unfairly tax every small business, commuter and working family in Massachusetts."

Gov. Charlie Baker, a Republican, committed the state to joining the program last year as part of an effort to reduce traffic congestion and tackle climate change.

Modeled on the Regional Greenhouse Gas Initiative, which seeks to reduce emissions from power plants, TCI states are working on a cap-and-invest program to drive down emissions from cars and trucks. Details are still being worked out, but a plan is expected to be unveiled by the end of the year.

The cap-and-trade program would to get underway in 2022.

Speaking to a gathering of business and environmental leaders in Boston on Wednesday, Baker didn't address concerns about who will pay for the initiative but stressed the importance of regional cooperation.

He said the regional cap-and-trade program on power plants has reduced emissions and generated revenue for other climate change initiatives.

"The bottom line is that this is probably one of the best ways to get an extraordinary large number of people rowing in the same direction on a program model that has proven to be effective," Baker said.

While TCI states haven't decided on a regional cap, proponents say the overall goal is to ratchet down vehicle emissions each year.

The Baker administration says Massachusetts could reel in up to $500 million a year for clean transportation programs from the sale of carbon allowances through the program.

"It's a sin tax that would punish ordinary people for doing a task the government believes is wrong by artificially increasing the cost," said Paul Craney, a spokesman for the the Massachusetts Fiscal Alliance, which also opposes the plan. "It's bad economics and morally wrong."

Lawmakers are also considering proposals to increase the state's 24-cent per-gallon gas tax, which was last hiked in 2013, amid a renewed push by transit advocates.

Baker opposes an increase in the gas tax, arguing the move is unnecessary and would unfairly burden low-income families and small business owners.

Transportation Secretary Stephanie Pollack has acknowledged that TCI will probably lead to higher gas prices, but pushed back against those who are calling it a tax.

"It is not a gas tax," she told lawmakers during an October hearing before the Legislature's Joint Transportation Committee. "It is a cap-and-invest program."

Massachusetts drivers pay a total of 44.9 cents per gallon in gasoline taxes, including state and federal taxes and other fees, according to the American Petroleum Institute.

In New Hampshire, which has a 22.2 cent state gas tax, drivers pay 42.23 cents per gallon in total taxes and fees, according to API. In Vermont, the total is 49.34 cents.

Nancy Kyle, president and CEO of the New Hampshire Retail Association, welcomes the idea of more Massachusetts consumers flocking to the Granite State to shop and fill up the tank.

"They're already coming up here to shop because of the lack of a sales tax," she said. "So maybe while they're here, they'll stop at a gas station to fill up before heading home."

Environmental groups and transit advocates say the TCI initiative is key for the state to meet its dual goals of reducing emissions and alleviating congestion.

Proponents expect higher prices at the pumps will lead people to use their vehicles less frequently or rely on public transit to get to work.

Meanwhile, a new poll by MassINC Polling found at least 66% of respondents in Massachusetts and seven other states supported the regional approach to addressing climate change.

But the survey of nearly 7,000 voters didn't ask if they supported new taxes and fees to implement the program, and critics pounced on the omission.

"People may be in favor of TCI but do they know the costs?" Carlozzi said Wednesday. "The poll didn't explain that the costs would be passed along to consumers at the gas pumps."

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


The Boston Herald
Friday, December 13, 2019

A Boston Herald editorial
Better ways for Baker to cut carbon emissions

Gov. Charlie Baker says he wants to reduce carbon emissions — that’s the reason for the Transportation Climate Initiative’s planned fee rollout, which would charge fuel companies for the carbon emissions associated with the gas and diesel they sell.

As the Boston Herald’s Mary Markos reported, Baker stumped for the plan at the Transportation and Climate Initiative Business Summit in Boston Wednesday. The TCI wll do great things to battle climate change, according to Baker, adding that the transportation sector is the “next big space” to move away from fossil fuels and toward renewable energy, since it now represents 40% of all emissions.

“This gives us the ability to create a framework where the resources that are raised as a result of this initiative go into things that are believed to be tools that can be used to continue to reduce emissions,” Baker said. “I believe this will be one of the most important regional initiatives in reducing carbon emissions anywhere in the U.S.”

The essence of the plan: Consumers pay higher gas prices, and half of the money raised through the fees go toward Baker’s $18 billion transportation bond bill, which includes major investments in the MBTA. Pay more for gas so public transportation improves, carbon emissions are lowered, happiness reigns.

But if this were really just about getting people to drive less and drive down emissions, why not use the same incentives and breaks the state provides to entice people to switch to solar energy?

We have a residential renewable energy income tax credit, solar tax exemptions and even a Mass Solar Loan program. Why not give tax credits to people who commute by T, provide tax exemptions to people who switch to more fuel-efficient cars and help with loans for people who want to buy electric cars or hybrids?

Drivers would have choices, and incentives to scale down their carbon footprint.

Of course, incentivizing moves towards fuel efficiency and reducing carbon emissions doesn’t put money in the state’s coffers, and critics charge that the TCI plan is a just cash grab, in eco-warrior clothing.

“It’s a back door way of trying to pass a gas tax,” said Republican strategist Holly Robichaud.

“This is just another angle to justify sticking it to the drivers instead of trying to actually reform the way business is done at the MBTA,” U.S. Senate candidate Geoff Diehl said.

Higher gas prices are not going to lessen the distance commuters need to cover, nor move them to neighborhoods accessible by the T. They won’t make cars more fuel-efficient, and if drivers do decide to switch vehicles in order to save on gas, won’t help them cover the cost of a new car.

There are transit authorities around the state, but not as widespread as Greater Boston’s subway and bus system, A trip from Hopkinton to Natick Center, for example, can take an hour and 45 minutes, with a switch from the MBTA to commuter rail. You can drive the 11 miles in 20 minutes. Higher gas prices will do nothing to make life in the suburbs less car-dependent.

What is especially galling is Baker’s indication that he would exercise his power to implement TCI through an executive order. The people would pay, but we’d have no say. Rep. David DeCoste, R-Norwell, said he plans to file a bill that would require legislative approval before the governor could enter Massachusetts into any similar compacts.

Climate change needs to be tackled and carbon footprints reduced. There are just better ways of doing it without soaking the taxpayer.


State House News Service
Thursday, December 12, 2019

House, Senate Pass $541 Mil Spending Bill
By Matt Murphy

House and Senate leaders broke a weeks-long impasse over a more than $1 billion surplus spending bill on Wednesday night, cutting a deal that dropped a controversial corporate tax change that would have financially benefited Massachusetts businesses and set aside $32 million for repairs on the MBTA, which is less than the $50 million sought by Gov. Charlie Baker.

The vote on the compromise budget bill to close the books on the fiscal year that ended back in June capped a tumultuous day during which Comptroller Andrew Maylor backed off a threat to sweep the entire surplus into reserves by mid-afternoon if the Legislature couldn't resolve its differences.

And before the deal was finalized, House counsel Jim Kennedy got involved in a back-and-forth with Maylor over the breadth of his legal authority, with Kennedy challenging Maylor's assertion of power to sweep the surplus and leave deficits in certain accounts, including MassHealth.

The total spending in the final version of the budget clocked in at $541 million, which was significantly less than previous iterations of the bill that ranged from $723 million to $853 million. Instead of spending more of the surplus, the budget bill proposed to deposit $587 million into the state's "rainy day" fund, pushing the balance of the reserve account to $3.45 billion.

House Ways and Means Chairman Aaron Michlewitz said the compromise reflected a increased level of caution that leaders felt was appropriate after passing a major $1.5 billion, seven-year education funding overhaul and hearing last week from economists about the risk of an economic slowdown in 2020 and beyond.

"Those two factors weighed heavily," Michlewitz said.

The corporate tax provision was widely viewed by those trying to read into the negotiations between the branches over the past several weeks as a major sticking point, and the decision by the House to drop it completely from the compromise came after some liberal Democrats were threatening to hold up any deal that included it.

The provision would have decoupled Massachusetts from the federal tax code, and allowed businesses to avoid paying about $37 million in new taxes as a result of the 2018 Republican tax reform law signed by President Donald Trump that capped the amount of interest a corporation could deduct on debt built up in order to invest in the company. While proponents saw it as a way to foster job growth and capital investment, critics slammed it as an unnecessary corporate tax giveaway.

"To get the budget done, we tried to find appropriate areas of compromise to make sure we got this done," Michlewitz said, about the decision to drop it.

Senate President Karen Spilka, who spoke to reporters just after midnight, sounded a similar note when asked about the corporate tax outcome, which reflected the Senate's preference. "All bills have compromise," she said.

On Twitter, progressive Democrat Rep. Mike Connolly declared victory, thanking his colleagues Reps. Lindsay Sabadosa, Maria Robinson and Tami Gouveia for speaking out against the provision. "It's not everyday that we defeat the big corporate lobby on Beacon Hill...," Connolly tweeted.

Spilka said there was "some disappointment" that all of the priorities legislators would have liked to spend surplus money on were not ultimately funded, but described those decisions as part of the "give and take of negotiations" and "a tension" between wanting to build up the "rainy day" fund and spend the money.

"There was a lot within this budget. A few years back we had to cut almost a billion. This year we had a billion. It doesn't always make it that much easier," Spilka said.

One area where conference committee negotiators cut was in funding for the MBTA, which was reduced from $50 million to $32 million to help pay for Gov. Baker accelerated repair program. The reduction came just days after an outside panel hired by the Baker administration to review the MBTA system identified significant gaps in safety.

"With the House focused on an upcoming transportation revenue debate, we provided $32 million to the MBTA for an immediate infusion of funds. The appropriation will help the T address its interim needs while we await clearer and more consistent information on the Administration’s spending plans," House Speaker Robert DeLeo said in a statement.

DeLeo said the administration had initially told him it needed the funding for a "flex force" to work on both the capital and operating side of the MBTA operation and enable the agency more quickly deliver infrastructure improvements.

He interpreted the governor's comments this week that the money was needed for enhanced safety as a shift in that reasoning, though at the time Baker made the request in June he did also say the money would allow the MBTA to increase the frequency of its train inspections and preventive maintenance.

"While we seek more precise information on the needs of the T, the House recommits itself to a transportation revenue debate in the coming months," DeLeo said.

Spilka did not elaborate on the decision to scale back the appropriation for the MBTA, or say whether she shares the speaker's uncertainty with how Baker plans to spend the money.

"I believe that the T needs some funding and that's something that we're talking about. Again, through the give and take of negotiations, that's where we ended up," she said.

House and Senate negotiators also eliminated the targeted assistance funding sought by Gov. Baker for grants to improve the performance in underperforming school districts. Baker had initially requested $50 million, but cut that ask down to $30 million last week.

The completion of the budget came more than a month after Comptroller Maylor's statutory Oct. 31 deadline to close the books on fiscal 2019 and publish an annual financial report. While the fiscal year ended on June 30, Baker did not file the original closeout budget until Sept. 9 and the Democrat-controlled legislature has been at odds ever since over how to spend the surplus.

The bill does establish and fund a period of early voting ahead of the March 3 presidential primaries, but it does not create an early voting window as recommended by the Senate before the 2020 state primary, which the bill scheduled for Sept. 1. The final version also omits language that would have allowed farmers to use agricultural conservation land for hemp cultivation, even though both the House and Senate have now passed versions of that provision in separate bills.

Wednesday began with a 3 p.m. deadline set by the comptroller hanging over the activities at the State House, but as it became clear that legislative negotiators were going to blow through that deadline, Maylor said he would temporarily back off his threat to sweep the funds into the state's "rainy day" account because he had learned of "substantial progress" in negotiations between the House and Senate.

Maylor said that if the Legislature did not make "clear progress toward final enactment" on Wednesday, he would be ready to transfer the funds on Thursday morning, but he did not set another firm deadline.

But even as those talks continued, House counsel Jim Kennedy wrote a two-page letter to the comptroller's office challenging Maylor's legal standing to transfer the surplus without direction from the Legislature.

The letter seemed to escalate the stakes of the negotiations and raised questions about whether the Legislature and the comptroller could be on a legal collision course that would have to be cleaned up by the courts.

Kennedy, in his note to General Counsel and Assistant Comptroller Amy Nable, said that Maylor would be acting "ultra vires," or beyond one's legal authority, by unilaterally transferring the surplus. The House's top lawyer took issue with the sections of general law cited by Maylor as giving him the authority to act, and suggested that doing so would be "repugnant to the Constitution," which requires a balanced budget.

Kennedy also said that if Maylor transfers the entire surplus into the stabilization fund while some funds are deficient, he will be causing a deficit in certain accounts, violating his governing statute.

Maylor responded by saying that while he didn't want to "litigate this issue in the press" he continued to disagree with Kennedy's legal interpretation, and gave a warning about what might happen next year if the closeout budget is late again.

"It is our hope that the Fiscal Year 2019 closeout process was a true anomaly and that the opinion of House Counsel does not foreshadow the reaction to future fiscal year closes, and the associated net surplus transfers which the Comptroller has already stated will happen no later than the statutory deadline," Maylor said.

Maylor cited as supporting evidence for his authority to transfer the money on his own the fact that the chairs of the House and Senate Ways and Means Committees called him ""directly" on Wednesday and made a "personal request" that he give them more time. House officials disputed this account, and said it was Maylor who reached out to them first. When Michlewitz called him back, the comptroller was given only an update on the status of talks between the branches, according to the officials.

"We made no such request," one House official said, requesting anonymity to share details of a private conversation.

While Baker must still sign the budget accord, House Minority Leader Brad Jones said prior to the announcement of an agreement that "there should be little or no cause for celebration or congratulations or adulation that this has been resolved."

"It's not the way it should work. The thing we can't have happen has become the new normal," Jones said, comparing a closeout budget accord so long after the Oct. 31 deadline to "turning a term paper in long after a semester is over."

While bipartisan cooperation is often touted on Beacon Hill as favorable compared to the climate in Washington D.C., Jones worries that the inability of House and Senate Democrats to agree on issues may bleed into next year, making progress on other key issues more difficult.

"I don't think it sends a real good message about state governnment," he said. "Instead of asking DC to emulate us, we're close to emulating DC."

Michael P. Norton and Katie Lannan contributed reporting

 

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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