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CLT UPDATE
Thursday, February 27, 2020

Long-Threatened House Transportation Tax Package Released

Jump directly to CLT's Commentary on the News


As the House zeroes in on a transportation financing proposal, one of House Speaker Robert DeLeo's top deputies said Tuesday that the bill could be a "generational gamechanger" for transportation across the state.

Rep. Sarah Peake, a Provincetown Democrat and division chair in DeLeo's leadership team, told a crowd of transportation reform and environmental advocates that the forthcoming bill will parallel, at least in its impact, the seven-year, $1.5 billion public education funding law signed last year in its impact.

"Just as the Student Opportunity Act was a once-in-a-lifetime, generational improvement for our public education, I believe and I am incredibly optimistic that this transportation bill is similarly going to be a generational gamechanger in the way we fund, and almost more importantly, the way we provide public transit to the citizens of Massachusetts," Peake said at a rally.

State House News Service
Tuesday, February 25, 2020
Peake: Transpo Bill Could Be “Generational Gamechanger”


A 5-cent increase in the gas tax and higher corporate taxes will be the centerpiece of a major revenue bill that House Democratic leaders will ask legislators to vote on next week as part of a package that could raise over $600 million in new funding for transportation.

The long-awaited revenue proposal would also hike fees on ride-hailing trips taken through services like Uber and Lyft and eliminate what Majority Leader Ron Mariano called a "glaring kiss" to the rental car industry by getting rid of their exemption — worth $110 million — from sales taxes on the purchase of new vehicles.

House Speaker Robert DeLeo laid out the proposal — which does not spell out as much new spending as it seeks in revenue — Wednesday morning as he prepared to present it to House Democrats in a private caucus later in the day.

The package, which is projected to generate between $522 million and $612 million in new annual revenue, will be used, leaders said, to shore up existing operating budgets for the MBTA and regional transit authorities, and backstop a multi-billion capital borrowing plan.

DeLeo called it a "bridge" to the proposed 2022 ballot question to add a surtax on household income over $1 million, which has been projected to be worth another $2 billion for transportation and education.

"When it comes to transportation, revenue can't wait," DeLeo said.

The revenue bill and a $14.5 billion transportation bond bill both will be taken up next week, the speaker said. Transportation Committee Chairman William Straus said that Gov. Charlie Baker's borrowing bill had been trimmed by House leaders by roughly $3.5 billion because they do not believe that the state can afford the $18 billion proposed by Baker without additional revenue coming into state coffers.

The bill proposes to raise the state's 24-cent gas tax to 29 cents per gallon, generating an estimated $150 million to $175 million in new revenue. The tax on diesel fuel, which is currently the same as regular gasoline, would climb 9 cents to 33 cents....

Revenue Committee Chairman Mark Cusack said that for the first time since 1989, House leaders will propose increasing the $456 minimum tax paid by corporations. Cusack said that between 60 percent and 70 percent of all corporations in Massachusetts pay the minimum, and that 403 companies in 2016 with over $1 billion in sales paid just $456 in corporate excise taxes.

The House plans to create a corporate minimum tax structure with nine tiers. On the low end, companies with less than $1 million in sales would see no increase, but at the top tier companies with over $1 billion would pay a minimum of $150,000.

The increased corporate minimum tax would generate $100 million to $150 million in new revenue....

However, House Democratic leaders do not intend to spend the new revenue dollar-for-dollar immediately to address aging public transit, crumbling roads and bridges, and widespread traffic that prompted crafting of the package.

Instead, they want to use most of the new money — estimated between $522 million and $612 million per year — to fill the state's accounts more robustly, allowing for larger annual budgetary injections into public transit and road maintenance assistance each year and helping to pay for capital projects the Baker administration suggested funding through borrowing....

Straus said Baker planned to rely only on "two dangerous revenue sources" — the still-in-development Transportation and Climate Initiative and expansion of grant anticipation notes — to secure bonds for billions of dollars in proposed capital spending.

"We're in a situation where we're hoping this revenue package passes and goes into implementation on Jan. 1, 2021, but we're not at that point yet, and we had to be mindful of that," said Rep. Aaron Michlewitz, chair of the House Ways and Means Committee.

Straus said that while it's too risky now to assume new money from a regional cap-and-trade program on vehicle emissions that Baker is still trying to negotiate with other states, the bill does direct the administration to find a way to offset the proposed 5-cent gas tax increase on drivers if TCI does lead to higher gas prices for consumers.

State House News Service
Wednesday, February 26, 2020
Gas, Corporate, TNC Taxes Anchor House Transpo $$$ Bill
Architects Say It Could Raise $600 Million


Almost a year in the making, expectations for the roughly $600 million tax bill rolled out Wednesday by House Speaker Robert DeLeo to pay for improvements in the state's transportation system were high, and varied.

Business groups were pushing for a major gas tax increase and a one-year study of congestion pricing and tolls. Progressive lawmakers wanted corporations to help pay for public transit and road improvements. And Gov. Charlie Baker just wanted authorization to borrow more money to beef up the state's capital program.

In the end, keeping everyone happy proved difficult.

"I think we tried to keep everyone who uses our roads in some fashion involved with the payment of it," DeLeo said Wednesday, after presenting the plan to House Democrats in a private caucus.

The plan calls for increasing the gas tax by 5 cents for most drivers and 9 cents for diesel. It also raises fees on Uber and Lyft rides by up to $145 million, and asks corporations to pay as much as $150 million in higher minimum taxes, which have not been adjusted in 30 years.

House leaders are also proposing to eliminate an exemption for rental car companies that has allowed them to avoid paying the sales tax on new vehicles purchased in Massachusetts for their rental fleets.

"That they were able to come up with a bill was certainly an accomplishment," said Rep. Tricia Farley-Bouvier, a Pittsfield Democrat and co-chair of the House Progressive Caucus....

"We are looking at the details of it, but I can say we are pleased that the corporate minimum tax, and that it's tiered, is in there. We were looking primarily that there would be shared responsibility, and that comes through in this bill," she said....

DeLeo, on several occasions Wednesday, described the scale of the bill as a "bridge" to the future when voters might have the chance in 2022 to weigh in on a ballot question to generate $2 billion by adding a surtax on household income over $1 million.

The speaker also said it is "iffy," but still possible, that a regional cap-and-trade program known as the Transportation and Climate Initiative being negotiated by Gov. Baker with other states for vehicle emissions will general significant new money for transportation....

Rep. Tami Gouveia, of Acton, said that like other progressives she was encouraged to see businesses being asked to help pay for the infrastructure they benefit from.

"As a progressive Democrat and as a person who represents a district that cares a lot about climate change, I am also glad to see a little bit of an increase in the gas tax," Gouveia said. "I think that's an important aspect to trying to change behavior, but with having this balanced approach, I think it's going to be a lot more fair so we're not burdening our working families and our middle-income families with bearing the brunt of where the revenue sources come from." ...

The Greater Boston Chamber of Commerce, which made its own recommendations for revenue last year at the urging of the speaker, said it supports the 5-cent gas tax increase, TNC fees and the commission to study congestion pricing, but has serious concern with the increase in minimum corporate taxes.

The House proposal would create a tiered structure, increasing the corporate excise tax for all companies with over $1 million in sales from its current level of $456. The top tier of companies with over $1 billion in sales would pay a minimum excise tax of $150,000.

"This is a troubling signal to business in a time when cities and states around the country are competing for jobs and economic growth," the chamber said in a statement....

Rep. Sarah Peake (D-Provincetown), a division chair on DeLeo's leadership team, on Tuesday said the transportation proposal had the promise to be a "generational gamechanger," and after the bill was released, said its specifics fulfill that promise. "I think it's genius in the way it appropriately calls on different constituencies to contribute," Peake said....

House members will have until Friday at 5 p.m. to file amendments to both the tax bill and a separate $14.5 billion transportation bond bill. The House plans to debate the revenue bill on Wednesday, and the bond bill on Thursday....

House Minority Leader Brad Jones said . . . he has not been convinced of the need for new revenue given the potential $2 billion that could be generated for transportation and education by the still-pending income surtax proposal.

Jones also slammed Democratic leaders for arguing they needed to shave $3.5 billion off Baker's original $18 billion bond bill because they did not have the revenue to support it.

"How come that concern didn't come up when we did the speaker's GreenWorks bill earlier in the session?" Jones said, referring to a 10-year, $1.3 billion climate resiliency grant program funded by bonds the House approved in July. "Is that because the speaker wanted it, so it didn't make any difference? How come the state's finances didn't matter when you're doing your bill?" ...

Rep. Paul Frost, an Auburn Republican and third assistant minority leader, said he had yet to read the bill, but almost didn't need to.

"Are they going to increase taxes?" he asked. Assured it did, Frost replied, "Then I oppose it. Simple."

State House News Service
Wednesday, February 26, 2020
House Transpo $$$ Bill Called Both “Genius” And “Ill-Advised”
Progressive Dems Pleased To See Businesses Asked To Chip In


A hike in the state gas tax, a bump in ride-hailing fees and costs for corporations are all part of a House proposal to rake in up to $612 million from taxpayers to fix the state’s transportation woes.

“When it comes to our transportation system, revenue can’t wait. Revenue can’t wait any longer,” Speaker Robert DeLeo told reporters Wednesday. “Our residents, our communities and our economy are dependent on an immediate source of revenue.”

The legislative package, composed of gas tax hikes, increased ride hailing fees, a rise in the corporate minimum tax of up to $150,000 and an elimination of a rental car sales tax exemption worth $110 million, was unveiled by DeLeo, Ways and Means Chair Aaron Michlewitz, Majority Leader Ronald Mariano, Transportation Chairman William Straus and Revenue Chairman Mark Cusack.

The legislation calls for a 5 cent gas tax increase, bringing it up to 29 cents per gallon, and a 9 cent increase on diesel fuel to 33 cents per gallon. State officials estimate that the gas tax increase will raise between $150 million and $175 million while the diesel tax bump will bring in $32 million.

The Boston Herald
Wednesday, February 26, 2020
Taxes on gas, ride-hailing and businesses all in House transportation plan


Leaders in the Massachusetts House on Wednesday unveiled an approximately $600 million transportation revenue bill.

The bill will raise the gas tax, increase the minimum corporate tax paid by large corporations, increase fees on ride-hailing services, and force rental car companies to pay sales tax on the cars they buy.

Lawmakers say new money is necessary to address the state’s traffic and transit woes. “Our residents, our communities and our economy are dependent upon an immediate source of revenue,” said House Speaker Robert DeLeo.

The bill will be the subject of intense lobbying from business and transportation interests over the coming months. Here are a few flash points in the debate....

Businesses were among the top cheerleaders urging lawmakers to raise transportation revenue, saying their employees were having trouble commuting to work. But they are less enamored with paying for it.

Rick Dimino, president of the business group A Better City, a strong advocate for transportation funding, urged lawmakers to reconsider the corporate tax increase and focus on revenue sources directly tied to transportation. Dimino said transportation taxes and corporate taxes are “apples and oranges.” He said focusing on transportation-related revenue – like tolls or congestion pricing – is necessary to ensure reliable funding and change behavior.

The Greater Boston Chamber of Commerce similarly called the corporate minimum tax increase “problematic.” “This is a troubling signal to business in a time when cities and states around the country are competing for jobs and economic growth,” chamber officials said in a statement.

Chris Geehern, a spokesman for Associated Industries of Massachusetts, said his organization is still gathering feedback from members, but AIM believes any taxes raised to fund transportation should be linked directly to transportation.

On the other side, Raise Up Massachusetts, a labor-backed coalition, argues that companies should pay more. “Large corporations make massive profits by using our transportation infrastructure to move their goods and customers, and they must pay their share to help fund transportation improvements,” Raise Up said in a statement....

Lawmakers are growing increasingly uncertain about the future of the Transportation and Climate Initiative, a regional cap-and-trade system that would put a price on gasoline emissions.

Gov. Charlie Baker is a strong supporter of TCI. The House bill does not count on any TCI money.

DeLeo called the future of TCI “very iffy,” noting that no other state has committed to it. “It does not appear the TCI concept is catching on as we’d hoped it would,” DeLeo said. “That could change. If it does change, we’d adjust this accordingly.”

House Transportation chair William Straus said lawmakers are uninterested in “double taxation,” and the bill recommends an offset, so if TCI goes into effect, the first five cents of its cost would be covered by the gas tax increase.

That decision may please drivers at the pump, but it upsets Chris Dempsey, director of the advocacy group Transportation for Massachusetts. Dempsey would prefer two separate tax increases, arguing that Massachusetts currently has a lower gas tax rate than most states in the region. “We think TCI has the potential to be a transformational policy, and the House language seems to diminish the potential importance and value of TCI both for transportation and climate moving forward,” Dempsey said....

Several pro-transportation advocates described the bill as a start and said they wished it went further.

Former transportation secretary James Aloisi, a regular CommonWealth contributor, said he is “underwhelmed.” “We need a transportation or revenue bill that produces much more revenue than this bill,” Aloisi said. “We’re talking about a need that’s in the billions of dollars. This doesn’t get you to three-quarters of a billion.”

On the other hand, Paul Craney of the conservative Massachusetts Fiscal Alliance said the additional taxes go too far. “These measures make it harder for people to make their home here and do business in the state and will only hurt the middle class—especially workers who have to drive,” Craney said.

Senate President Karen Spilka indicated that senators, who have formed their own transportation working group, will look at other possibilities, such as lower transit fares for low-income residents. “The Senate believes we need to take action to change behavior to reduce congestion, provide fare relief to low-income residents, and expand and improve public transportation in every region,” Spilka said.

CommonWealth
Wednesday, February 26, 2020
Five takeaways on transportation bill
House proposal sure to unleash fierce jockeying by interest groups


Critics are blasting the cost of living increase that would accompany gas tax hikes, boosted fees for ride-hailing services and costs to corporations laid out in a House proposal to rake in over a half a billion taxpayer dollars to fix the state’s transportation woes.

“It was just six years ago that the people of Massachusetts spoke out clearly that they didn’t feel that Beacon Hill was looking out for their best interests in raising the gas tax,” former state representative and U.S. Senate candidate Geoff Diehl told the Herald. “It seems like motorists and commuters who can least afford it right now are being asked to foot the bill for a lack of scrutiny and management of transportation dollars.”

Diehl and Holly Robichaud, a Republican strategist who successfully fought to repeal a gas tax hike in 2014, argued that the Legislature is ignoring the will of the people with the two bills proposed by Speaker Robert DeLeo and some of his top deputies Wednesday.

“Beacon Hill is obviously tone-deaf. The people spoke clearly on gas tax hikes,” Robichaud said. “They did not pass it last year so we could not repeal it. Now they are passing it in an election year, so we will repeal them.” ...

“When it comes to our transportation system, revenue can’t wait. Revenue can’t wait any longer,” DeLeo told reporters when unveiling the legislation. “Our residents, our communities and our economy are dependent on an immediate source of revenue.”

Exactly how that money will be spent is ambiguous, with the only new revenue designations accounting for $27 million to the MBTA and $27 million to the Regional Transit Authorities.

“Massachusetts is a wonderful state, if you can afford it. Under the Speaker’s plan, fewer taxpayers will be able to keep up with the increased cost of living,” Massachusetts Fiscal Alliance Spokesman Paul Craney said. “These measures make it harder for people to make their home here and do business in the state and will only hurt the middle class — especially workers who have to drive.”

The Boston Herald
Thursday, February 27, 2020
Critics rip DeLeo’s gas tax hike proposal


Chip Ford's CLT Commentary

"A 5-cent increase in the gas tax and higher corporate taxes will be the centerpiece of a major revenue bill that House Democratic leaders will ask legislators to vote on next week as part of a package that could raise over $600 million in new funding for transportation," the State House New Service reported yesterday.  The gas tax is estimated to rake in an additional $150 million to $175 million in new revenue.

Also included in the transportation revenue bill is an increase in the corporate minimum tax, which is estimated to bring in $100 million to $150 million in new revenue.

I must admit this is a delicious irony.  The "cadre of business groups" pushing for higher taxes and more revenue for transportation spending got its wish proving that you must be careful what you wish for.  They didn't count on having to pay a whopping increase out of so many of their own pockets.

On July 12, 2019 the State House News Service reported ("Chamber chief sizes up Hill's approach to transpo 'crisis'"):

With lawmakers in the House and Senate gearing up to take a run at a broad transportation financing package in the next several months, a cadre of business groups is working on a parallel path to influence whatever legislation eventually emerges.

Members of the Massachusetts Business Coalition on Transportation, a statewide group of two dozen business organizations that banded together earlier this year, met Wednesday with House and Senate leaders to check in with each branch and get a sense of what to expect once legislators put pen to paper....

Business groups have increasingly decried the Boston area's public transportation woes as a hindrance to economic growth. Traffic and congestion on the roads make for long and frustrating commutes by car, and the unpredictable nature of public transportation frequently makes workers late to their jobs....

"The general proposition is that we want a transportation system that is statewide, that is reliable and effective whatever that means in different regions of the state, and that supports the existing economy and the growth of the economy throughout the commonwealth, and a transportation system that not only in and of itself supports the movement of people and goods but also enables us to make progress on key public policy issues including climate, housing, economic inequities," Rooney said. "There's a whole host of public policy issues that depend on a reliable transportation system." ...

Asked what kind of measurable outcomes he would like to see in any eventual bill, Rooney said it is important that the people who will be required to pay more to fund transportation be able to see actual improvements in service. He described a "three-R approach: revenue with results and reforms."

The House transportation revenue bill will create "a tiered structure, increasing the corporate excise tax for all companies with over $1 million in sales from its current level of $456. The top tier of companies with over $1 billion in sales would pay a minimum excise tax of $150,000."

Businesses were among the top cheerleaders urging lawmakers to raise transportation revenue, saying their employees were having trouble commuting to work. But they are less enamored with paying for it.

Rick Dimino, president of the business group A Better City, a strong advocate for transportation funding, urged lawmakers to reconsider the corporate tax increase and focus on revenue sources directly tied to transportation. Dimino said transportation taxes and corporate taxes are “apples and oranges.” He said focusing on transportation-related revenue – like tolls or congestion pricing – is necessary to ensure reliable funding and change behavior.

The Greater Boston Chamber of Commerce similarly called the corporate minimum tax increase “problematic.” “This is a troubling signal to business in a time when cities and states around the country are competing for jobs and economic growth,” chamber officials said in a statement.

Chris Geehern, a spokesman for Associated Industries of Massachusetts, said his organization is still gathering feedback from members, but AIM believes any taxes raised to fund transportation should be linked directly to transportation.

The House bill is expected to "generate between $522 million and $612 million in new annual revenue."  Of that, "the increased corporate minimum tax would generate $100 million to $150 million in new revenue."

I'd call that the revenue advocates of the business group cadre's "fair share."

The State House News Service reported:

House Minority Leader Brad Jones said . . . he has not been convinced of the need for new revenue given the potential $2 billion that could be generated for transportation and education by the still-pending income surtax proposal.

Jones also slammed Democratic leaders for arguing they needed to shave $3.5 billion off Baker's original $18 billion bond bill because they did not have the revenue to support it.

"How come that concern didn't come up when we did the speaker's GreenWorks bill earlier in the session?" Jones said, referring to a 10-year, $1.3 billion climate resiliency grant program funded by bonds the House approved in July. "Is that because the speaker wanted it, so it didn't make any difference? How come the state's finances didn't matter when you're doing your bill?"

Of course it is!  Rep. Jones has been on Beacon Hill long enough to not need to ask that silly question.

In my CLT Update commentary of July 25, 2019 ("Speaker's $1.3 billion borrow-and-spend GreenWorks bill streaks through House") I wrote:

On Monday I wrote ("Budget whizzes to Gov's desk"):

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

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

Speaker DeLeo's bill streaked through the House yesterday without opposition, 157-0. More than "many Republicans" joined his parade. They all did.

What The Speaker For Life wants so badly The Speaker for Life gets — without opposition or dissent. Committee chairmanships and other appointments, with accompanying lucrative "stipends," rise or fall, come or go at his whim.

Commonwealth (magazine) reported:

DeLeo called the future of TCI “very iffy,” noting that no other state has committed to it. “It does not appear the TCI concept is catching on as we’d hoped it would,” DeLeo said. “That could change. If it does change, we’d adjust this accordingly.”

House Transportation chair William Straus said lawmakers are uninterested in “double taxation,” and the bill recommends an offset, so if TCI goes into effect, the first five cents of its cost would be covered by the gas tax increase.

"Baker's Boondoggle," the Transportation Climate Initiative (TCI), is "very iffy."  That's a good bit of news coming from the House Speaker, but don't think for a moment should it be imposed by Royal Governor Baker's executive fiat that one state of the multistate compact can or will change the formula to exclude its own state's gas tax hike.  Lawmakers such as Rep. Strauss now may proclaim disinterest in "double taxation" to get what they want with as little resistance as they can generate, but let me remind you of how long they mangled a promise that the income tax would be hiked "only temporarily" back in 1989.  We finally managed to get it fully rolled back to 5 percent only this year three decades later!  No Lucy, we're not falling for that again and kicking that football one more time.

Rake in ever more revenue from taxpaying suckers by any means necessary but don't take even a peek at how it's being squandered and will continue to be wasted by far worse than almost every other state in the nation.  Nowhere in this bill is there even a passing mention of reining in the plunder and mismanagement.

In the CLT Update of August 24, 2019 ("Mass., #46, spent 304% higher than national average on its highways") I closed my commentary with:  "Remember this when the Legislature returns next week from its month-long vacation and pivots to demands for more and higher taxes to fund 'the state's deteriorating infrastructure,' as has been promised.  We surely will."

Consider the following that pledged reminder:

Note the stark difference between Massachusetts — with every tax and fee known to mankind — and New Hampshire.  As we were recently reminded by Granite State Governor Sununu, his state doesn't have an income tax, a sales tax, or a capital gains tax.  Anyone who’s driven north over the border appreciates the remarkably better highways across the line.  For further comparison, this year I've also included my favorite "sanctuary state" of Kentucky to provide further insight into the Bay State's steadfast problem of grossly bloated, willfully wasted spending of taxpayers' money.

Capital and Bridges Disbursements per State-Controlled Lane-Mile

Massachusetts

$92,972

New Hampshire

$27,822

Kentucky

$26,163

National Average

$36,681

Maintenance Disbursements per State-Controlled Lane-Mile

Massachusetts

$25,033

New Hampshire

$17,951

Kentucky

$7,372

National Average

$11,929

Administrative Disbursements per State-Controlled Lane-Mile

Massachusetts

$23,950

New Hampshire

$5,260

Kentucky

$490

National Average

$4,501

Total Disbursements (including bond principal and interest, etc.) per State-Controlled Lane Mile

Massachusetts

$216,066

New Hampshire

$64,176

Kentucky

$45,829

National Average

$71,117

Source:  Reason Foundation, August 22, 2019, "24th Annual Highway Report" https://reason.org/wp-content/uploads/24th-annual-highway-report-2019.pdf

ATTENTION:  "House members will have until Friday at 5 p.m. to file amendments to both the tax bill and a separate $14.5 billion transportation bond bill. The House plans to debate the revenue bill on Wednesday, and the bond bill on Thursday...."

"Debate" means pass.

Right Now is the time to call, to contact your state representative and weigh in if you have any suggestions, or objections!

Find Your State Representative Here

Chip Ford
Executive Director


 

State House News Service
Tuesday, February 25, 2020
Peake: Transpo Bill Could Be “Generational Gamechanger”
Spilka: "Hopefully the House Will Do Something Soon"
By Chris Lisinski

As the House zeroes in on a transportation financing proposal, one of House Speaker Robert DeLeo's top deputies said Tuesday that the bill could be a "generational gamechanger" for transportation across the state.

Rep. Sarah Peake, a Provincetown Democrat and division chair in DeLeo's leadership team, told a crowd of transportation reform and environmental advocates that the forthcoming bill will parallel, at least in its impact, the seven-year, $1.5 billion public education funding law signed last year in its impact.

"Just as the Student Opportunity Act was a once-in-a-lifetime, generational improvement for our public education, I believe and I am incredibly optimistic that this transportation bill is similarly going to be a generational gamechanger in the way we fund, and almost more importantly, the way we provide public transit to the citizens of Massachusetts," Peake said at a rally.

People from across the state, organized by the coalition Transportation for Massachusetts, packed a hearing room before delivering a "call for action" to lawmakers, urging them to respond to public transit networks that experience frequent disruptions and roadway congestion that's among the worst in the nation.

While the House appears close to unveiling a bill, its contents remain unknown aside from a likely increase in the state's 24-cents-per-gallon gasoline tax and a potential hike on ride-hailing service fees.

Speakers at Tuesday's event said those two components, along with altering tolls to incentivize off-peak travel and other local revenue options, should be considered. Activists are also pressing for more toll roads, saying the current landscape is not equitable since tolls are limited to the turnpike and certain tunnels.

While any revenue ideas the House passes will need agreement from the Senate, Senate President Karen Spilka on Tuesday described new revenue as a "byproduct" that would accompany policy proposals aimed at getting people to drive less, reducing congestion and improving and expanding public transportation.

Noting a revenue bill must begin in the House, Spilka said during an appearance on WGBH, "The bottom line is that the Senate will be focusing on policy measures that will make public transportation more affordable, more reliable, more convenient, frequent and safe. Whatever revenue we do will be driven by policy decisions."

House leaders have been wrestling with the complexity of assembling a revenue package for months, mindful of Republican Gov. Charlie Baker's opposition to raising the gas tax.

"Hopefully the House will do something soon," Spilka said. "And we've been working on it. We'll see what they do. But yeah, it's gettting late so we need to take action."

Chris Dempsey, executive director of Transportation for Massachusetts, said the state's gas tax has increased 14 percent since 1991 while MBTA fares have jumped about 300 percent during that same span.

"We cannot deal with the traffic congestion, with the broken transit system, with the air pollution and greenhouse gases, and we need to fix these problems," Dempsey told the News Service. "This is about encouraging the House and the Senate to show some bold leadership on this, and we are hopeful and optimistic that there is some action from especially the House coming soon."

Supporters called for a swath of policy changes and investments to come with whatever new funding would be generated under the reform, particularly aimed at increasing service to get cars off the road and achieving better transit equity.

DeLeo said Monday that a bill release will come "sooner rather than later" and that he intends to give lawmakers about a week to review its contents before voting.

Peake told attendees Tuesday that the House Ways and Means Committee is preparing to unveil a proposal.

"This legislation that I think is about to pop out of the House Ways and Means Committee is our opportunity to make a generational change in the way we fund and the way we provide public transit to each and every one of the close to seven million people in Massachusetts," she said.

The advocacy push came one day after MBTA officials offered early projections that the agency faces a roughly $90 million budget shortfall in fiscal year 2021, which begins July 1.

That gap comes even with a potential jump in funding. Based on sales tax acceleration and higher transportation network company fees, Gov. Baker's fiscal year 2021 budget bill would increase state allocation to the MBTA by about $135 million.

However, T officials have targeted significant investments — about $160 million for additional staff recommended in a safety panel report, offices to plan long-term rail and bus transformations, and fare-system reforms — for which their budget-writers warn they currently do not have enough money.

"In terms of our budget, we cannot afford all $160 million," MBTA Chief Administrative Officer David Panagore said at a Monday board meeting. "We have to find $90 million worth of cuts."

Some at Tuesday's event criticized lawmakers and the Baker administration for not acting sooner or for casting doubt on the state's ability to pay for new programs and investments.

LivableStreets Alliance Executive Director Stacy Thompson said Massachusetts needs a "comprehensive funding package" to address the nearly 500 structurally deficient bridges, worst-in-the-nation traffic, and gaps in service that force black riders to spend an average of 64 more hours on the bus every year than white riders.

We can fix this," she said. "But it won't come with a tweak there or a nudge there."

Peake, whose district includes part of the Cape Cod Regional Transit Authority, said she wants to see the legislation boost funding and establish a dedicated funding stream to the 15 RTAs across Massachusetts.

She said House Ways and Means Committee Chair Rep. Aaron Michlewitz called her on Jan. 1 and asked her to set up a meeting with the Legislature's RTA Caucus to discuss funding the agencies.

The state allocates one percent of sales tax revenue to the MBTA each year, but RTAs do not have the same reliable source, which Peake said makes it more challenging for them to plan significant service improvements.

"We have seen many of the regional transit authorities kind of wither on the vine," Peake told the News Service. "We're really at a critical juncture with them now. In order for people to want to ride the bus, they have to know: is it coming with frequency, is it affordable, and is it reliable? All of those things — frequency, reliability, affordability — all get down to: how much are we funding them, and is it adequate for them to do the work and job they need to do?"

Michael P. Norton contributed reporting


State House News Service
Wednesday, February 26, 2020
Gas, Corporate, TNC Taxes Anchor House Transpo $$$ Bill
Architects Say It Could Raise $600 Million
By Matt Murphy and Chris Lisinski

A 5-cent increase in the gas tax and higher corporate taxes will be the centerpiece of a major revenue bill that House Democratic leaders will ask legislators to vote on next week as part of a package that could raise over $600 million in new funding for transportation.

The long-awaited revenue proposal would also hike fees on ride-hailing trips taken through services like Uber and Lyft and eliminate what Majority Leader Ron Mariano called a "glaring kiss" to the rental car industry by getting rid of their exemption — worth $110 million — from sales taxes on the purchase of new vehicles.

House Speaker Robert DeLeo laid out the proposal — which does not spell out as much new spending as it seeks in revenue — Wednesday morning as he prepared to present it to House Democrats in a private caucus later in the day.

The package, which is projected to generate between $522 million and $612 million in new annual revenue, will be used, leaders said, to shore up existing operating budgets for the MBTA and regional transit authorities, and backstop a multi-billion capital borrowing plan.

DeLeo called it a "bridge" to the proposed 2022 ballot question to add a surtax on household income over $1 million, which has been projected to be worth another $2 billion for transportation and education.

"When it comes to transportation, revenue can't wait," DeLeo said.

The revenue bill and a $14.5 billion transportation bond bill both will be taken up next week, the speaker said. Transportation Committee Chairman William Straus said that Gov. Charlie Baker's borrowing bill had been trimmed by House leaders by roughly $3.5 billion because they do not believe that the state can afford the $18 billion proposed by Baker without additional revenue coming into state coffers.

The bill proposes to raise the state's 24-cent gas tax to 29 cents per gallon, generating an estimated $150 million to $175 million in new revenue. The tax on diesel fuel, which is currently the same as regular gasoline, would climb 9 cents to 33 cents.

Straus said that even with the per-gallon taxes Massachusetts would have a lower gas tax than all bordering states, with the exception of New Hampshire.

Revenue Committee Chairman Mark Cusack said that for the first time since 1989, House leaders will propose increasing the $456 minimum tax paid by corporations. Cusack said that between 60 percent and 70 percent of all corporations in Massachusetts pay the minimum, and that 403 companies in 2016 with over $1 billion in sales paid just $456 in corporate excise taxes.

The House plans to create a corporate minimum tax structure with nine tiers. On the low end, companies with less than $1 million in sales would see no increase, but at the top tier companies with over $1 billion would pay a minimum of $150,000.

The increased corporate minimum tax would generate $100 million to $150 million in new revenue.

The final piece of the revenue package would be an increase in the 20-cent fee on all rides taken with transportation network companies [TNC] like Uber and Lyft. The fees on shared rides would stay the same, but single-person rides would be taxed at $1.20 and luxury and livery vehicles would pay $2.20 per ride.

The House also wants to charge out-of-state TNC drivers a new 50-cent fee for pickups in Massachusetts. The new TNC fees, which go beyond the $1 fee Gov. Baker proposed in his budget, would net the state an additional $130 million to $145 million.

"This plan, I believe, represents an infusion of critical funds to address the crisis at the T and regional equity issues compounded by congestion," DeLeo said.

However, House Democratic leaders do not intend to spend the new revenue dollar-for-dollar immediately to address aging public transit, crumbling roads and bridges, and widespread traffic that prompted crafting of the package.

Instead, they want to use most of the new money — estimated between $522 million and $612 million per year — to fill the state's accounts more robustly, allowing for larger annual budgetary injections into public transit and road maintenance assistance each year and helping to pay for capital projects the Baker administration suggested funding through borrowing.

The MBTA would see $27 million in dedicated new revenue each year, and House leaders hope that the state will finally be able to commit to fully implementing a $160 million annual transfer to the T — a payment that is already required by law, but for years has gone underfunded.

In each of the past three budgets, the state approved transfers of $127 million to the MBTA, while it transferred $187 million in fiscal year 2017. Baker proposed a $200 million transfer to the MBTA, in addition to its dedicated sales tax funding, in his fiscal 2021 budget filed in January.

The state's 15 regional transit authorities [RTA] would also gain a new dedicated revenue stream, mirroring the T's $27 million per year coming from new transportation network company [TNC] fees. Also like the MBTA, the House plan would commit to fully funding the $15 million annual transfer to RTAs without guaranteeing spending above it.

Funding for public transit could still jump significantly, but under the House's proposal, sharp increases are more likely to come during the annual budget process when lamwmakers could, for instance, go beyond the $160 million level in operating budget support for the MBTA.

The revenue bill also creates a new $10 million annual fund — also stemming from the higher ride-hailing fees — for rural transit assistance. Lawmakers said they wanted to ensure the changes stretch across the state, not just in densely populated areas or the greater Boston region.

"These folks may not have RTAs, may not have T access or bus service, yet still have infrastructure needs that are ignored," Mariano said.

In the separate transportation bond bill, House leaders are recommending that the state finally increase the annual appropriation for local road and bridge maintenance under the Chapter 90 to $300 million.

The annual allocation has been set at $200 million for eight of the past nine years, albeit with later supplements in three years. Municipal leaders have long requested an increase to that program, often referred to as Chapter 90 funding, because they view the static level as insufficient to address infrastructure needs.

"Obviously, the municipalities are our partners," Straus said. "The public travels freely from local roads to state roads, and we have to be mindful of the municipal needs as well."

The Ways and Means Committee on Wednesday morning began polling the transportation revenue bill and its version of the transportation bond bill, which cut about $3.5 billion in borrowing authorization from Baker's proposal.

Democratic leaders said Wednesday they felt the Republican administration did not have a sufficient plan for how to pay for the bonds. A key focus of the revenue bill, they said, is to build up the transportation fund and borrow against it.

"Until the tax package is passed, which means the concurrence and acceptance and the role the membership at large plays and amendments that might be filed, the revenue isn't fully there for the $18 billion capital plan that the administration identified," Straus said.

Straus said Baker planned to rely only on "two dangerous revenue sources" — the still-in-development Transportation and Climate Initiative and expansion of grant anticipation notes — to secure bonds for billions of dollars in proposed capital spending.

"We're in a situation where we're hoping this revenue package passes and goes into implementation on Jan. 1, 2021, but we're not at that point yet, and we had to be mindful of that," said Rep. Aaron Michlewitz, chair of the House Ways and Means Committee.

Straus said that while it's too risky now to assume new money from a regional cap-and-trade program on vehicle emissions that Baker is still trying to negotiate with other states, the bill does direct the administration to find a way to offset the proposed 5-cent gas tax increase on drivers if TCI does lead to higher gas prices for consumers.

Baker opposes raising the gas tax.

"We've put together a very comprehensive approach. We support increasing the fees on transportation network companies, we support increasing the deeds excise tax in order to invest more in resiliency of the system. But we think with those two additional revenue sources and the bonding ability we've asked for in this bill, we'll be able to provide the billions of dollars of investment the system needs," Transportation Secretary Stephanie Pollack told the House Bonding Committee on Tuesday.

James Aloisi, who served as transportation secretary under Gov. Deval Patrick and remains a vocal transportation advocate, called the House plan "underwhelming."

The revenue bill also calls for further study of East-West rail, a new commission of "outside experts" to study congestion pricing and tolling systems that could be used to change commuting behaviors.

Unlike Baker who in his budget proposed a new MBTA board structure, the House is also recommending that the Fiscal and Management Control Board be extended beyond July 1 to at least 2023, with an option for a further extension until 2025.


State House News Service
Wednesday, February 26, 2020
House Transpo $$$ Bill Called Both “Genius” And “Ill-Advised”
Progressive Dems Pleased To See Businesses Asked To Chip In
By Matt Murphy and Chris Lisinski

Almost a year in the making, expectations for the roughly $600 million tax bill rolled out Wednesday by House Speaker Robert DeLeo to pay for improvements in the state's transportation system were high, and varied.

Business groups were pushing for a major gas tax increase and a one-year study of congestion pricing and tolls. Progressive lawmakers wanted corporations to help pay for public transit and road improvements. And Gov. Charlie Baker just wanted authorization to borrow more money to beef up the state's capital program.

In the end, keeping everyone happy proved difficult.

"I think we tried to keep everyone who uses our roads in some fashion involved with the payment of it," DeLeo said Wednesday, after presenting the plan to House Democrats in a private caucus.

The plan calls for increasing the gas tax by 5 cents for most drivers and 9 cents for diesel. It also raises fees on Uber and Lyft rides by up to $145 million, and asks corporations to pay as much as $150 million in higher minimum taxes, which have not been adjusted in 30 years.

House leaders are also proposing to eliminate an exemption for rental car companies that has allowed them to avoid paying the sales tax on new vehicles purchased in Massachusetts for their rental fleets.

"That they were able to come up with a bill was certainly an accomplishment," said Rep. Tricia Farley-Bouvier, a Pittsfield Democrat and co-chair of the House Progressive Caucus.

Farley-Bouvier said the caucus appreciated the "process" House leaders used to develop the bill, holding a series of meetings to listen to different groups of lawmakers with, at times, divergent interests.

"We are looking at the details of it, but I can say we are pleased that the corporate minimum tax, and that it's tiered, is in there. We were looking primarily that there would be shared responsibility, and that comes through in this bill," she said.

While most advocates for new transportation revenues to improve the condition of roads and bridges and deliver more reliable, affordable public transit were pleased to see progress, several said they had hoped the bill would have gone further.

A Better City CEO Richard Dimino said his organization would like to see the House commit to a congestion pricing and equitable highway tolling plan within the next two years. The bill only calls for a study of the topic to be completed by July 31, 2021.

"While $600 million is a good starting point, we believe additional funding is needed to fix our roads, bridges, and transit as well as fund expansion and resiliency efforts," Dimino said.

Stacy Thompson from Livable Streets also called the bill "a positive first step," but added that, "It's not bold enough to meet the scale of our transportation crisis."

"While it's a good start to include some dedicated revenue for the MBTA and the RTAs, important policies like making fares more equitable are missing from this package," she said.

DeLeo, on several occasions Wednesday, described the scale of the bill as a "bridge" to the future when voters might have the chance in 2022 to weigh in on a ballot question to generate $2 billion by adding a surtax on household income over $1 million.

The speaker also said it is "iffy," but still possible, that a regional cap-and-trade program known as the Transportation and Climate Initiative being negotiated by Gov. Baker with other states for vehicle emissions will general significant new money for transportation.

Senate President Karen Spilka, who has said she would like to use new revenue to lower public transit fares, said the Senate "looks forward to beginning in earnest the exchange of idea between the House and Senate that will result – we hope – in a safer and more effective transportation system for the entire Commonwealth."

"The Senate believes we need to take action to change behavior to reduce congestion, provide fare relief to low income residents, and expand and improve public transportation in every region," Spilka said.

DeLeo said the idea of fare reductions would be considered by a new commission proposed in the bill to study congestion pricing and tolling policy.

The Greater Boston Chamber of Commerce, which made its own recommendations for revenue last year at the urging of the speaker, said it supports the 5-cent gas tax increase, TNC fees and the commission to study congestion pricing, but has serious concern with the increase in minimum corporate taxes.

The House proposal would create a tiered structure, increasing the corporate excise tax for all companies with over $1 million in sales from its current level of $456. The top tier of companies with over $1 billion in sales would pay a minimum excise tax of $150,000.

"This is a troubling signal to business in a time when cities and states around the country are competing for jobs and economic growth," the chamber said in a statement.

Massachusetts High Technology Council Vice President Mark Gallagher also wrote a letter to House Ways and Means Chairman Aaron Michlewitz calling the bill an "unnecessary and ill-advised departure from the policy path that has helped make the Massachusetts economy the envy of the nation," He said the council was especially opposed to the corporate minimum tax proposal and higher ride-for-hire fees.

The High Tech Council played a central role in convincing the Legislature to repeal a sales tax on software services that was part of the Legislature's last attempt to raise new revenue for transportation.

Gallagher urged the House to instead focus on the procurement reforms sought by Baker to make it easier to spend the money already authorized in the MBTA and MassDOT capital plans.

Transportation for Massachusetts Director Chris Dempsey — whose group called for a 25-cent increase to the gas tax and ride-hailing fees scaled at 6.25 percent of the cost of solo trips — called the proposal a "step forward" to make new investments in public transit possible, but said the coalition would "work to strengthen the final bill."

Metropolitan Area Planning Council Government Affairs Director Lizzi Weyant said the 5-cent gas tax was "lower than we had hoped" and that her group will work in the coming days "to understand how much money this legislation will truly dedicate to the MBTA."

And the Raise Up Coalition said it was pleased that business was asked to contribute, while the gas tax increase, which is considered regressive, was kept relatively small.

"Today we know we are being heard, but there is still a long road to travel," said the Raise Up Coalition in a statement.

Both Uber and Lyft criticized the ride-hailing fee increases — which the bill bans transportation network companies from passing on to riders — as ones that would hurt working families.

"Raising rideshare taxes by over 500% could hurt low-income riders and reduce the transportation options available, especially for those outside Boston. We support public transit but this plan is damaging public policy and must be revisited," said Lyft spokeswoman Campbell Matthews.

Rep. William "Smitty" Pignatelli, a Lenox Democrat, said his district stood to benefit from the House proposing to use the new revenue to borrow against in order to increase annual Chapter 90 aid for road and bridge repairs by $100 million to $300 million.

He also said he thought the bill's plan to dedicate $27 million in new TNC fees for regional transit authorities was "much more fair, much more equitable" than Baker's budget, which also proposed to increase TNC fees.

Rep. Tami Gouveia, of Acton, said that like other progressives she was encouraged to see businesses being asked to help pay for the infrastructure they benefit from.

"As a progressive Democrat and as a person who represents a district that cares a lot about climate change, I am also glad to see a little bit of an increase in the gas tax," Gouveia said. "I think that's an important aspect to trying to change behavior, but with having this balanced approach, I think it's going to be a lot more fair so we're not burdening our working families and our middle-income families with bearing the brunt of where the revenue sources come from."

And Rep. Ruth Balser, who as a Newton lawmaker represents constituents who rely on the T, said she was "delighted" with the bill.

"Certainly, my constituents are concerned with the problems on the T. What's impressive about this package is how balanced it is. There's really shared responsibility. I think my constituents will be really pleased with that," Balser said.

Rep. Sarah Peake (D-Provincetown), a division chair on DeLeo's leadership team, on Tuesday said the transportation proposal had the promise to be a "generational gamechanger," and after the bill was released, said its specifics fulfill that promise. "I think it's genius in the way it appropriately calls on different constituencies to contribute," Peake said.

She said Straus and Michlewitz "went to a lot of trouble to carefully listen to all the stakeholders, and our comments were included" in the bill's approach.

House members will have until Friday at 5 p.m. to file amendments to both the tax bill and a separate $14.5 billion transportation bond bill. The House plans to debate the revenue bill on Wednesday, and the bond bill on Thursday.

"This is a tax increase in an election year, and everyone is looking to have an impact on their district," Majority Leader Ron Mariano, of Quincy, acknowledged ahead of next week's debate. "So the approach to this was we will listen, we will evaluate your concerns and try to address them in this first step. And again, I want to stress this. This is just the beginning. This is nowhere near the identified needs."

Construction Industries of Massachusetts Executive Director John Pourbaix praised the bill as "a significant and necessary investment in our roads and bridges, which carry 90 percent of daily trips by Massachusetts residents."

The response from Republicans to the bill, however, was dim.

House Minority Leader Brad Jones said he was still reviewing the proposal, but that the response he sensed was "lukewarm" after months of buildup.

"There's a part of me that says: it's 19 pages long. We waited this long for this?" Jones said.

He criticized the corporate tax proposal as likely to create a "perverse incentive" for businesses not to reach a higher sales revenue threshold, and he said he has not been convinced of the need for new revenue given the potential $2 billion that could be generated for transportation and education by the still-pending income surtax proposal.

Jones also slammed Democratic leaders for arguing they needed to shave $3.5 billion off Baker's original $18 billion bond bill because they did not have the revenue to support it.

"How come that concern didn't come up when we did the speaker's GreenWorks bill earlier in the session?" Jones said, referring to a 10-year, $1.3 billion climate resiliency grant program funded by bonds the House approved in July. "Is that because the speaker wanted it, so it didn't make any difference? How come the state's finances didn't matter when you're doing your bill?"

Massachusetts Fiscal Alliance spokesman Paul Craney said the gasoline and diesel tax increases were "regressive tax schemes" that should be avoided.

"Massachusetts is a wonderful state, if you can afford it. Under the Speaker’s plan, fewer taxpayers will be able to keep up with the increased cost of living. These measures make it harder for people to make their home here and do business in the state and will only hurt the middle class—especially workers who have to drive," Craney said in a statement.

Rep. Paul Frost, an Auburn Republican and third assistant minority leader, said he had yet to read the bill, but almost didn't need to.

"Are they going to increase taxes?" he asked. Assured it did, Frost replied, "Then I oppose it. Simple."


The Boston Herald
Wednesday, February 26, 2020
Taxes on gas, ride-hailing and businesses all in House transportation plan
By Mary Markos

A hike in the state gas tax, a bump in ride-hailing fees and costs for corporations are all part of a House proposal to rake in up to $612 million from taxpayers to fix the state’s transportation woes.

“When it comes to our transportation system, revenue can’t wait. Revenue can’t wait any longer,” Speaker Robert DeLeo told reporters Wednesday. “Our residents, our communities and our economy are dependent on an immediate source of revenue.”

The legislative package, composed of gas tax hikes, increased ride hailing fees, a rise in the corporate minimum tax of up to $150,000 and an elimination of a rental car sales tax exemption worth $110 million, was unveiled by DeLeo, Ways and Means Chair Aaron Michlewitz, Majority Leader Ronald Mariano, Transportation Chairman William Straus and Revenue Chairman Mark Cusack.

The legislation calls for a 5 cent gas tax increase, bringing it up to 29 cents per gallon, and a 9 cent increase on diesel fuel to 33 cents per gallon. State officials estimate that the gas tax increase will raise between $150 million and $175 million while the diesel tax bump will bring in $32 million.

Fees for non-shared and luxury rides in transportation network companies like Uber and Lyft are raised in the legislation as well. The fees would remain the same for shared rides, at 20 cents, but single-user ride fees would boost from 20 cents to $1.20 and luxury rides would cost an additional $2. A 50 cent fee would also be charged to out-of-state drivers that pick up riders in Massachusetts.

“This new dynamic fee structure is designed to make sure that those who need these services the most are not being disproportionally affected, while at the same time making sure that those that can afford it are paying more to support our transit needs,” Michlewitz said.

Ride-hailing fees are estimated to bring in between $130 million and $145 million in revenue a year. The bill would also allow Department of Public Utilities to collect data on the types of rides, pick up and drop off locations and types of vehicles being used.

The bill lays out a nine-tiered system of taxes based on annual sales, so that “the more a corporation earns in Massachusetts, the more they will pay,” Michlewitz said.

Businesses that make less than $1 million annually would continue with the existing minimum fee of $456. The maximum annual fee would cost $150,000 for companies with annual sales over $1 billion. The increase is expected to bring in $100 million to $150 million in annual revenue. The corporate minimum tax has not been raised since 1989, according to Cusack, and about 60 to 70 percent of corporations in the state are paying that minimum cost of $456.

The new revenue accounts for a new $27 million in spending dedicated to the MBTA and $27 million to the regional transit authorities.

Much of the revenue will go toward fulfilling budget line items for transportation that have traditionally not been met, according to Straus, like the $160 million dollar budget for the MBTA. The Baker administration hasn’t been using that money for the operating budget, Straus said, and instead used it for the capital budget. Baker’s office did not immediately return requests for comment.


CommonWealth
Wednesday, February 26, 2020
Five takeaways on transportation bill
House proposal sure to unleash fierce jockeying by interest groups
By Shira Schoenberg

Leaders in the Massachusetts House on Wednesday unveiled an approximately $600 million transportation revenue bill.

The bill will raise the gas tax, increase the minimum corporate tax paid by large corporations, increase fees on ride-hailing services, and force rental car companies to pay sales tax on the cars they buy.

Lawmakers say new money is necessary to address the state’s traffic and transit woes. “Our residents, our communities and our economy are dependent upon an immediate source of revenue,” said House Speaker Robert DeLeo.

The bill will be the subject of intense lobbying from business and transportation interests over the coming months. Here are a few flash points in the debate.

Higher business taxes?

The bill would create a new nine-tiered system to increase the minimum tax corporations must pay, based on company size – from $456 today to as high as $150,000 for businesses with more than $1 billion in annual sales.

Businesses were among the top cheerleaders urging lawmakers to raise transportation revenue, saying their employees were having trouble commuting to work. But they are less enamored with paying for it.

Rick Dimino, president of the business group A Better City, a strong advocate for transportation funding, urged lawmakers to reconsider the corporate tax increase and focus on revenue sources directly tied to transportation. Dimino said transportation taxes and corporate taxes are “apples and oranges.” He said focusing on transportation-related revenue – like tolls or congestion pricing – is necessary to ensure reliable funding and change behavior.

The Greater Boston Chamber of Commerce similarly called the corporate minimum tax increase “problematic.” “This is a troubling signal to business in a time when cities and states around the country are competing for jobs and economic growth,” chamber officials said in a statement.

Chris Geehern, a spokesman for Associated Industries of Massachusetts, said his organization is still gathering feedback from members, but AIM believes any taxes raised to fund transportation should be linked directly to transportation.

On the other side, Raise Up Massachusetts, a labor-backed coalition, argues that companies should pay more. “Large corporations make massive profits by using our transportation infrastructure to move their goods and customers, and they must pay their share to help fund transportation improvements,” Raise Up said in a statement.

Who will pay the new ride-hailing fees?

The bill would raise fees on ride-hailing companies like Uber and Lyft, with no increase for shared rides, a $1 increase for individual rides and a $2 increase for luxury rides. The tiers are a way to incentivize shared rides. The state currently assesses a fee of 20 cents per ride for all types of service.

House Ways and Means chair Aaron Michlewitz called this a “progressive, balanced” fee increase that ensures those who need the services most are not disproportionately affected “while making sure those who can afford it are paying more to support our transit needs.”

However, a provision in the bill also requires ride-hailing companies to “hold consumers harmless” from fee increases – in other words, to not pass the fee onto riders.

Company lobbyists note that the main way to incentivize shared rides would be to pass on the fees.

“The House is proposing a significant tax increase that will disproportionately harm working families — and even worse, they want to do it secretly because they know their constituents rely on the affordability of ridesharing,” said Uber spokesperson Alix Anfang.

Asked how a fee that cannot be passed on would incentivize consumer behavior, Michlewitz explained that companies will not be allowed to directly pass the fee onto consumers, but companies will be encouraged to develop new ways to incentivize customers to take shared rides, including through pricing mechanisms. “We’re talking about an innovation company that created dynamic price structures no one’s ever seen before. They can figure out new ways to incentivize those types of rides,” Michlewitz said.

According to Uber, 20 percent of riders live in households earning under $25,000 a year. Lyft says nearly half its rides start or end in low-income communities.

Lyft spokeswoman Campbell Matthews said, “Raising rideshare taxes by over 500 percent could hurt low-income riders and reduce the transportation options available, especially for those outside Boston.”

The car rental war

Traditional car rental company Enterprise and peer-to-peer car sharing service Turo have engaged in a nationwide battle over what regulations and fees should apply to online platforms that let private individuals rent out cars.

In Massachusetts, Enterprise was pushing for legislation to regulate Turo like a car rental company and require its customers to pay various fees. In response, Turo lobbied for a bill to eliminate car rental companies’ exemption from the state sales tax.

In a move likely to infuriate car rental companies, the House bill would raise $110 million by eliminating the sales tax exemption they enjoy when buying their auto fleets. House Majority Leader Ron Mariano called the existing exemption a “glaring kiss to the industry.”

Car rental companies say they are like any business that buys goods wholesale without paying sales tax. Although rental companies buy cars without paying sales tax, they collect on rental transactions, and eventually sell the cars to consumers who pay the sales tax.

The bill also regulates peer-to-peer car sharing. It would impose safety and insurance requirements, require cars to have a decal and require transparency in pricing, similar to rules governing the ride-hailing industry. It would also require car-sharing platforms to collect a new fee of $1 per day per rental.

Michelle Peacock, head of government relations for Turo, praised the bill for eliminating traditional car rental companies’ sales tax exemption and said it “not only levels the playing field but will help fund Massachusetts’s transportation shortfalls and provide more economic opportunity to the state.”

What Transportation and Climate Initiative?

Lawmakers are growing increasingly uncertain about the future of the Transportation and Climate Initiative, a regional cap-and-trade system that would put a price on gasoline emissions.

Gov. Charlie Baker is a strong supporter of TCI. The House bill does not count on any TCI money.

DeLeo called the future of TCI “very iffy,” noting that no other state has committed to it. “It does not appear the TCI concept is catching on as we’d hoped it would,” DeLeo said. “That could change. If it does change, we’d adjust this accordingly.”

House Transportation chair William Straus said lawmakers are uninterested in “double taxation,” and the bill recommends an offset, so if TCI goes into effect, the first five cents of its cost would be covered by the gas tax increase.

That decision may please drivers at the pump, but it upsets Chris Dempsey, director of the advocacy group Transportation for Massachusetts. Dempsey would prefer two separate tax increases, arguing that Massachusetts currently has a lower gas tax rate than most states in the region. “We think TCI has the potential to be a transformational policy, and the House language seems to diminish the potential importance and value of TCI both for transportation and climate moving forward,” Dempsey said.

Is it enough?

Several pro-transportation advocates described the bill as a start and said they wished it went further.

Former transportation secretary James Aloisi, a regular CommonWealth contributor, said he is “underwhelmed.” “We need a transportation or revenue bill that produces much more revenue than this bill,” Aloisi said. “We’re talking about a need that’s in the billions of dollars. This doesn’t get you to three-quarters of a billion.”

On the other hand, Paul Craney of the conservative Massachusetts Fiscal Alliance said the additional taxes go too far. “These measures make it harder for people to make their home here and do business in the state and will only hurt the middle class—especially workers who have to drive,” Craney said.

Senate President Karen Spilka indicated that senators, who have formed their own transportation working group, will look at other possibilities, such as lower transit fares for low-income residents. “The Senate believes we need to take action to change behavior to reduce congestion, provide fare relief to low-income residents, and expand and improve public transportation in every region,” Spilka said.

A Baker spokeswoman said the governor, who has generally opposed gas tax increases, is still reviewing the bill.


The Boston Herald
Thursday, February 27, 2020
Critics rip DeLeo’s gas tax hike proposal
By Mary Markos

Critics are blasting the cost of living increase that would accompany gas tax hikes, boosted fees for ride-hailing services and costs to corporations laid out in a House proposal to rake in over a half a billion taxpayer dollars to fix the state’s transportation woes.

“It was just six years ago that the people of Massachusetts spoke out clearly that they didn’t feel that Beacon Hill was looking out for their best interests in raising the gas tax,” former state representative and U.S. Senate candidate Geoff Diehl told the Herald. “It seems like motorists and commuters who can least afford it right now are being asked to foot the bill for a lack of scrutiny and management of transportation dollars.”

Diehl and Holly Robichaud, a Republican strategist who successfully fought to repeal a gas tax hike in 2014, argued that the Legislature is ignoring the will of the people with the two bills proposed by Speaker Robert DeLeo and some of his top deputies Wednesday.

“Beacon Hill is obviously tone-deaf. The people spoke clearly on gas tax hikes,” Robichaud said. “They did not pass it last year so we could not repeal it. Now they are passing it in an election year, so we will repeal them.”

The legislative package calls for a 5-cent gas tax increase, bringing it up to 29 cents per gallon, and a 9-cent increase on diesel fuel to 33 cents per gallon. Ride-hailing fees would jump from the current 20-cent rate by $1 for single-use rides and $2 for luxury rides, the corporate minimum tax would rise from $456 to up to $150,000 and a rental car sales tax exemption worth $110 million would be eliminated.

“Raising rideshare taxes by over 500 percent could hurt low-income riders and reduce the transportation options available, especially for those outside Boston,” Lyft spokeswoman Campbell Matthews said. “We support public transit but this plan is damaging public policy and must be revisited.”

State officials estimate that the gas tax increase will raise between $150 million and $175 million, the diesel tax will bring in $32 million, ride-hailing fees between $130 million and $145 million and the corporate tax increase between $100 million and $150 million in annual revenue. In total, the measure is expected to bring in between $522 million and $612 million every year.

“When it comes to our transportation system, revenue can’t wait. Revenue can’t wait any longer,” DeLeo told reporters when unveiling the legislation. “Our residents, our communities and our economy are dependent on an immediate source of revenue.”

Exactly how that money will be spent is ambiguous, with the only new revenue designations accounting for $27 million to the MBTA and $27 million to the Regional Transit Authorities.

“Massachusetts is a wonderful state, if you can afford it. Under the Speaker’s plan, fewer taxpayers will be able to keep up with the increased cost of living,” Massachusetts Fiscal Alliance Spokesman Paul Craney said. “These measures make it harder for people to make their home here and do business in the state and will only hurt the middle class — especially workers who have to drive.”

 

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