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CLT UPDATE
Sunday, June 21, 2020

Another Beacon Hill Helter-Skelter Week


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

This isn't a normal year, not by a long shot.

When 2020 dawned, nobody expected that the major issues facing the Legislature and Gov. Charlie Baker at the summer solstice would be solving for the sudden evaporation of tax revenue, tackling police reform measures that some on Beacon Hill have spent years advocating for, and managing a reboot of the economy while trying to hold a global pandemic at bay.

But that's where we stand in June of 2020, a year without an equal in modern history.

If this were a normal year, legislative negotiators would right now be going back and forth over a compromise budget for the fiscal year that starts July 1 but, if history is any guide, Massachusetts would still be among the last states to get its spending plan in place.

Instead, the last real action on the fiscal 2021 budget came in January when Baker rolled out a $44.6 billion spending plan that would have its underlying assumptions wiped away before lawmakers could try their hands at producing a budget of their own.

The Institute on Taxation and Economic Policy this week said that "despite uncertainty all around the nation, a few states passed budgets this week and many more are negotiating to enact theirs before fiscal years close at the end of June." Massachusetts isn't among them and Baker on Friday filed a temporary budget for the month of July.

There are no penalties for finishing the budget late, but the time and effort required to agree on a budget and deal with all the amendments and vetoes that the governor could return cuts substantially into the capacity of lawmakers to tackle other major bills during July, the final month of formal sessions.

If this were a normal year, the legislative agenda would be in pretty clear view with about six weeks left for formal lawmaking. With time running out before the July 31 end of formals, lawmakers and the governor typically winnow the field down to include a handful of priority bills in addition to the budget.

Instead, the governor and lawmakers this week added legislation to the laundry list of things they hope will get done by the end of the session -- and there's been no serious talk, at least publicly, about extending the end of formals beyond July 31 in some weeks....

On the energy front, Energy and Environmental Affairs Secretary Kathleen Theoharides this week doubled down on the administration's intention to launch the multi-state Transportation and Climate Initiative, a regional transportation emissions cap-and-trade program that would increase the price of gasoline.

State House News Service
Friday, June 19, 2020
Weekly Roundup - New Normal Times


As House leaders prod their Senate counterparts to pass a gas tax increase and other new revenue sources for transportation spending, AAA Northeast reported Monday that gas prices are holding at $2.01 per gallon....

In March, the House approved a tax-and-fee bill that featured a 5-cent hike to the state's gasoline tax and a 9-cent increase to the diesel tax. Supporters of that bill say it could bring in more than $500 million in new revenues for transportation and the MBTA. Senate President Karen Spilka has raised questions about increasing taxes during the recession but has also acknowledged the need for more transportation system revenues.

Transportation is shaping up as an area of focus in the weeks leading up to the scheduled end of formal sessions on July 31, with the tax-and-fee bill, an $18 billion multi-year borrowing bill, a $300 million local road repair bill, and the future of the MBTA oversight board all in play.

State House News Service
Monday, June 15, 2020
Gas Prices Stay Low as Tax Debate Heats Up


Energy and Environmental Affairs Secretary Kathleen Theoharides said Wednesday that the COVID-19 pandemic has only sharpened her and the administration's resolve to push forward with its climate change agenda, including a regional transportation emissions cap-and-trade program for gasoline that would add additional costs at the pump.

Despite the virus pushing global economies into recession and threatening the futures of countless businesses, Theoharides said the collision of a highly-contagious respiratory disease and debate over racial injustice has played a significant role in highlighting how communities that have historically been left out of the environmental planning process can be hurt by climate change and pollution.

"It's not just a climate change piece here. It's also about local air quality and communities that have been disproportionately impacted by air quality and these are often communities of color," Theoharides said....

Asked specifically about the future of the multi-state Transportation and Climate Initiative, Theoharides said the six-month delay in releasing a final MOU for signatures should have no impact on the proposed start date for the program, which had been 2022.

"I think there continues to be really strong coordination between the states," Theoharides said. "We did push back the deadline to give all of the states time to deal with the pandemic and process what this meant, but none of us feels this changes the urgency or the need for TCI."

The initiative would put a cap on emissions emitted by vehicles, and require gasoline suppliers to buy allowances based on the carbon content of their fuel. The cap-and-trade program could add as much as 17 cents per gallon to the price of gasoline, but would also generate hundreds of millions of dollars for participating states to invest in climate change mitigation.

Rather than creating a disincentive, Theoharides said the current pandemic has made a "compelling" argument for why TCI is necessary.

"I think it's built an even stronger case for TCI and the investments we can make with the revenue at a time when revenue might be limited," she said.

The coalition now plans to release a final proposal for states to review and sign by the fall, and some states, though not Massachusetts, will need a vote of their Legislature to approve participation....

That extends to the MOR-EV program, a once popular rebate program for electric vehicles that the Baker administration relaunched in January when it was able to identify new funding to support it.

"No one is buying electric vehicles right now," Theoharides said.

The secretary did, however, lament that Gov. Baker's bill to raise deeds fees to generate $1 billion over the next 10 years to spend on climate change mitigation in communities has stalled.

Other climate initiatives have similarly seemed to stall out during the pandemic.

The House passed Speaker Robert DeLeo's own climate change adaptation bill that proposed to spent more than $1 billion in grants over 10 years to fight climate change, but it has not moved in the Senate. Meanwhile, the House has not taken action on a trio of bills approved by the Senate to set a net-zero 2050 emission reduction requirement and direct the administration to pursue carbon pricing mechanisms for the transportation and building sectors, and explore the electrification of the MBTA bus fleet.

State House News Service
Wednesday, June 17, 2020
Theoharides: Urgency Remains on Transportation Emissions Pact
Environmental Justice Policies Being Updated


Several months into a flood of new and continuing unemployment claims prompted by the COVID-19 outbreak, Massachusetts labor officials quietly estimated the fund used to pay out benefits will be billions of dollars in the red through at least 2024. As a result, businesses may need to pick up a huge tab....

Those shortfalls, which do not account for potential federal loans, are expected to last for years, rising to $6.1 billion in 2022, $6.6 billion in 2023 and then back down slightly to almost $5.9 billion in 2024. Officials do not currently expect the fund to bring in more than it pays out in benefits until 2023.

Through April, the fund had a balance of $1.4 billion. The massive, years-long deficit on the horizon is driven by an unprecedented level of unemployment aid, an obligation the state projects to be nearly $6.4 billion in 2020 -- more than five times as much as last year -- and $5.1 billion in 2021.

Business premiums generate the money distributed to laid-off workers, and those mandatory payments are set to rise starting in 2021. The May report projected the average cost per employee will rise from $562 in 2020 to $759 in 2021, $880 in 2022 and $922 in 2023.

State House News Service
Tuesday, June 16, 2020
Businesses Could Face Huge Tab for Unemployment Crisis


American retail sales surged in May after a dismal April, offering some encouraging news about the prospects of economic recovery and delivering a potential glimpse toward the near-term future in Massachusetts, where reviving public activity has lagged other parts of the nation.

Consumers spent $485.5 billion on retail and food services nationally last month, a 17.7 percent growth over the $412.6 billion spent in April, according to data published Tuesday by the U.S. Census Bureau....

Massachusetts did not start allowing establishments shuttered in response to the outbreak to start reopening until late May, and even today -- in the first half of the Baker administration's Phase 2 -- operations are still limited and some activity remains off limits. Customers have been permitted to shop inside retail stores in Massachusetts for about a week now....

The resurgence in May at the national level represented the largest one-month percent increase in the history of the data series....

Data RAM collected in a May survey showed that about 30 percent of its member businesses questioned whether they would be able to reopen after the pandemic. Four out of five had seen sales decline between 26 percent and 100 percent, [Jon Hurst, president of the Retailers Association of Massachusetts] said.

State House News Service
Tuesday, June 16, 2020
U.S. Numbers May Foreshadow Mass. Retail Sales Surge
Sales Skyrocketed in May After Nosediving in April


Beacon Hill leaders will further delay tax deadlines for small businesses around the state in another step aimed at lessening pressure on those hit hardest by the economic downturn that the pandemic prompted.

Sales, meals and room occupancy taxes for qualifying businesses for March through August will not be due to the state until September, and those that wait will not face any penalties or interest, Gov. Charlie Baker and legislative leaders announced Thursday.

Under the administrative tax relief measures, any businesses that paid less than $150,000 in regular sales plus meal taxes or less than $150,000 in room occupancy taxes in the year ending Feb. 29 will qualify for relief, according to a press release. Others will also have late penalties waived.

The administration had originally postponed collection of those taxes until June 20.

State House News Service
Thursday, June 18, 2020
Emergency Regulations Will Deliver More Small Biz Tax Relief


Critics warn restaurants are being “phased out” by a four-phase reopening plan they say is taking a “snail’s pace” approach to restarting the state’s stalled economy as the coronavirus threat recedes.

“Our state’s restaurants are being phased out while they watch every other state in New England open up but not ours,” Paul Craney, spokesperson for Massachusetts Fiscal Alliance, said in a statement.

Massachusetts will be the last New England state to allow indoor dining after New Hampshire on Monday joined Rhode Island, Vermont and Maine to allow patrons to eat indoors. Connecticut is expected to allow indoor dining to resume Wednesday.

Gov. Charlie Baker has promised an update on when the second half of phase 2 of his reopening plan — which would allow indoor dining at a reduced capacity — will go into effect....

Over a dozen restaurants in Boston have already fallen victim to coronavirus, announcing they would not reopen even after restrictions are lifted....

[Massachusetts Restaurant Association] President Bob Luz has said Massachusetts could lose as many as 20% of its restaurants from coronavirus losses.

The Boston Herald
Tuesday, June 16, 2020
Massachusetts phased reopening ‘phasing out’ restaurants, critic says


Restaurants that have been serving patrons on patios and sidewalks for the past two weeks will be able to welcome diners indoors beginning Monday as Gov. Charlie Baker announced Friday that he was triggering the next stage of his economic reopening plan.

In the midst of a heat wave, no less.

Baker, at a State House press conference, also said offices would be able to bring back to work more employees and increase their capacity from one quarter to 50 percent of their workforce. And close-contact personal services offered at nail salons, massage and tattoo parlors and personal training can resume on June 22.

The progress through the phases of the Baker's administration's reopening strategy comes as Massachusetts has continued to see downward trends in hospitalizations, which are now under 1,000, and positive test rates, which have fallen to 2.3 percent.

"Reopening Massachusetts is working," Baker said. "Business is coming back, people are regaining that sense of purpose that was lost. I know it can't happen fast enough, but people in Massachusetts are proving that we can reopen and continue to bring the fight to the virus when we all do our part." ...

Baker entered Massachusetts into the second phase of his reopening plan on June 8, but divided it into two parts. While some businesses have had to wait two weeks longer to reopen than they expected, restaurants were allowed to start with outdoor dining, and are now transitioning to full service.

The rules for indoor dining do not include capacity limitations, but do require tables to be six feet apart from each other and for parties to be limited to six or fewer guests. Seating is also prohibited at the bar....

Massachusetts Fiscal Alliance spokesman Paul Craney said Friday's move was welcomed, but leaves Massachusetts behind other states.

"Despite today's positive announcement from the Governor, Massachusetts is becoming well known for being far behind the curve compared to the rest of New England. If you are a small business owner in Massachusetts, you have to wait the longest to re-open. That's the message business owners, their workers, and customers constantly hear from the Governor and today's announcement reaffirmed this," Craney said.

Craney said businesses like gyms, indoor recreation and theaters need more information about what to expect in Phase 3, which Baker said he was delaying until at least early July.

"The introduction of additional surprise sub-phases and shifting businesses to phase 4 should not continue going forward," Craney said, referring to how bars were quietly moved from Phase 3 to Phase 4.

When Baker initially rolled out his four-phase reopening plan, he said each phase would last a minimum of three weeks. He stuck to that schedule when he entered Phase 2 on June 8, but the wait for Phase 3 will be longer....

National Federation of Independent Businesses of Massachusetts Director Christopher Carlozzi said small businesses had been "extremely disappointed" when Baker carved the second phase into two parts.

"Outdoor dining proved overly restrictive with many eateries lacking adequate outdoor space and becoming dependent on favorable weather conditions. Hopefully consumers will once again choose to dine in some of the fine eating establishments around the Commonwealth and help one of the industries hardest hit by the pandemic," Carlozzi said in a statement.

State House News Service
Friday, June 19, 2020
Indoor Dining Set to Resume in Mass. on Monday
Baker: "Reopening in Massachusetts is Working"


State lawmakers are frustrated at the pace of restarting the state's economic engine, and complain they've been locked out of the decision-making process.

As Gov. Charlie Baker's administration moves ahead with a phased reopening of the state's coronavirus-battered economy, lawmakers say they're fielding daily questions and complaints from constituents and business owners, some of whom are frustrated that the process isn't moving quickly enough.

Those concerns are heightened within communities that border New Hampshire, which had a head-start on allowing restaurants and retailers to reopen.

Sen. Diana DiZoglio, D-Methuen, said Baker's far-reaching executive powers means lawmakers have had little or no control over the reopening process.

"Throughout the process, Gov. Baker has used his executive authority unilaterally, without clarity or transparency," she said. "He has chosen to bypass legislators."

It's not just members of the Legislature's Democratic majority who are grumbling about the pace of reopening.

Earlier this week, House Minority Leader Brad Jones, R-North Reading, posted a link to state data showing a continuing decline in COVID-19 cases and deaths.

"The numbers continue strong," Jones wrote on his Facebook page. "Time to accelerate the pace of reopening."

Rep. Lenny Mirra, R-Georgetown, said he is hearing from a lot of businesses in his district who want the reopening process to be stepped up.

"The frustrating part is we really don't have any say over it," he said. "All we can do is call and write the governor and urge him to open up sooner." ...

Under his state of emergency declaration, Baker has had near autocratic powers to unilaterally direct the state government's response to the coronavirus pandemic.

Since the outbreak began in mid-March, Baker has issued more than three dozen executive orders and directives — from the closure of schools, day care centers and other non-essential businesses to a stay-at-home advisory — to prevent the spread of the virus. Most of the orders remain in effect, with no expiration date.

Meanwhile, the Legislature was largely hobbled at the outset of the pandemic, prevented from meeting in person to debate and enact emergency legislation. It took several weeks before the nearly 250-year-old legislative body came up with a system to vote on bills remotely, and even now that process is lumbering along.

To be sure, legislative leaders have done little to oppose Baker's orders and have focused on passing laws to support and expand many of his executive actions.

But the directives handed down by the governor function essentially as temporary laws, bypassing the Legislature's traditional role in the policymaking process.

That irks some lawmakers, who say they're being locked out of decisions related to the economic health of the communities they represent.

"One can understand the need to use executive power to fast-track laws during the pandemic," DiZoglio said. "But emergency powers were not intended to be used as a way to bypass the elected legislative body for weeks and months."

The Salem News
Thursday, June 18, 2020
Legislature feels locked out of reopening process
State lawmakers frustrated in being left out of decision-making process


President Donald Trump will have a discussion with governors at the White House Thursday about reopening small businesses, but Gov. Charlie Baker won't be among them.

The president's schedule released Wednesday night includes the 3 p.m. roundtable with governors in the State Dining Room. A senior aide to Baker said the Republican from Massachusetts will not be traveling to Washington, D.C. On Thursday.

Baker has not released a public schedule of his own for Thursday, but has been taking criticism from some business groups and conservative lawmakers about the pace of his reopening strategy....

The slow-and-steady reopening message from Beacon Hill contrasts with messaging from the White House, where Vice President Mike Pence is calling fears of a second wave of COVID-19 infection overblown and chalking up the surge in cases in southern states like Florida, Texas and Arizona to increases in testing.

State House News Service
Thursday, June 18, 2020
Baker Not Joining Governors at White House


Transportation, higher education, and housing investments are prominent highlights of the state's $2.46 billion capital investment plan for the fiscal year that starts in two weeks....

The projects funded in the plan are selected by the executive branch based in part on bond bills passed over the years by the Legislature, where lawmakers aim to force spending on public works projects in their districts but often authorize more than the state can afford to borrow, leaving important decisions about which projects advance to the Baker administration.

State House News Service
Wednesday, June 17, 2020
State Releases Details of $2.45 Bil Capital Spending Plan


In a typical year, it takes six months of back and forth for the House, Senate and administration to agree on a state budget. This year, could they cut a deal behind closed doors?

With two weeks left before the end of the fiscal year, no budget is in sight. And instead of the usual process, policymakers are floating the idea of an interim budget – one that may be agreed on by the House, Senate, and administration before it is released.

Independent experts say the different approach may be a reasonable one, given the pandemic – although it could have implications for things like transparency and debate....

But behind the scenes, state policymakers appear to be discussing a budget that is done jointly and for an interim time period, although the exact length is uncertain.

On the short end, doing an interim budget through July or August would give lawmakers a chance to see if Congress passes another federal stimulus bill before the August recess. It would also let the Department of Revenue collect last year’s state income taxes, since the deadline for filing was extended from April 15 to July 15.

On the longer end, there could be a political incentive to craft a budget that goes through November, so lawmakers do not have to pass a full-year austerity budget before they face reelection....

Eileen McAnneny, president of the Massachusetts Taxpayers Foundation, said the tight time frame – with only two weeks left before the June 30 end of the fiscal year – means it might make sense to bypass the multiple iterations that a budget typically goes through, as it goes from the governor to the House to the Senate. If there is a joint agreement, McAnneny said, “The biggest advantage is the speed at which they’d be able to enact it.”

But, McAnneny cautioned, “It does assume there would be consensus on a lot of what could be controversial choices.” For example, lawmakers will have to decide how much money to set aside for schools, in what was supposed to be the first year of implementation of a new, more expensive school funding formula.

Continuing current funding levels also may not make sense with revenues expected to significantly decline.

CommonWealth Magazine
Wednesday, June 17, 2020
Lawmakers considering novel budget approaches
With time short, interim budget under consideration


During an instant recession caused by the coronavirus shutdowns, the state government of Massachusetts took in 22 percent more revenue from deposit fees on bottles and cans in March, April, and May than it did during the same time last year.

Why the difference?

Fewer people returned bottles and cans for a nickel apiece because it was harder to do so, and the state kept the difference.

The Bay State’s abandoned deposits revenue this past March was $5,567,807, an uptick over the $4,167,181 it collected in March 2019. Additionally, the number topped the state’s totals for February 2020 ($4,041,401) and January 2020 ($4,849,590). In April, the figure was $5,117,693, a slight decrease from the $5,214,766 collected in April 2019. In May, however, it increased to $5,638,872 — up from $3,958,691 in May 2019.

That means in March, April, and May 2020, the state collected $16.32 million in abandoned deposit revenue compared to $13.34 million over that same span in 2019. That’s a difference of about $2.98 million, a 22.3 percent increase in revenue.

On March 18, the Massachusetts Department of Environmental Protection and the Massachusetts Attorney General’s Office suspended enforcement of the state’s regulation that ordinarily requires retailers like grocery stores and liquor stores to accept beverage containers with bottle deposits. The suspension continued until June 5, when the requirement resumed.

Did that mean Massachusetts businesses stopped charging people the five cents per bottle and can? No.

The New Boston Post
Thursday, June 18, 2020
Massachusetts Bottle, Can Deposit Fee Sees 22.3 Percent Revenue Increase
Amid Coronavirus Shutdown


With the state's finances in disarray and the COVID-19 pandemic making it extremely difficult to predict the next 12 months, Gov. Charlie Baker on Friday filed a $5.25 billion interim spending bill that would keep government running beyond June 30 through July.

The new fiscal year is set to begin in less than two weeks, but neither the House nor the Senate have produced an annual spending proposal as they wait to gauge how severely the pandemic-caused recession will erode state tax revenues, and how slowly or quickly the economy might rebound.

House and Senate leaders have not laid out a timeline yet for completion of a budget for the full fiscal year, but Baker said the money that would be authorized in the temporary budget would be sufficient to cover government operations through July....

The House and Senate have seven business days to pass the bill, but were expecting its filing and could act as soon as next week.

State House News Service
Friday, June 19, 2020
Baker Seeks $5.25 Billion Interim State Budget


Funding levels called for under the new school finance reform law, additional staff and an elimination of MCAS tests are among the measures the Massachusetts Teachers Association says should be the foundation for reopening schools....

Reflecting the recent protests against structural racism, the MTA also said the state "must transform public education to show — through structures, policies and practices — that black and brown lives matter." ...

The union's demands come as business shutdowns associated with the pandemic have battered the economy. Experts are projecting the state revenue collections will fall billions below original projections. In anticipation of lower local aid levels and possible spending cuts, some school districts have been issuing layoff notices.

State House News Service
Thursday, June 18, 2020
MTA Lays Out Demands as Part of “Reopening Platform”


The state’s largest teachers union laid out its list of demands for a safe reopening of schools amid the pandemic this fall, calling on the state to pay for personal protective equipment and the “dismantling of a system of institutionalized racism” starting with eliminating the MCAS and taking police officers out of schools.

“Now more than ever, we must transform public education to show — through structures, policies and practices — that black and brown lives matter,” the Massachusetts Teachers Association said in a statement. “We also can only return if we know that we as a Commonwealth are using the frightening upheaval of this moment to think critically and collectively about the goals we have for our public schools and what it means to keep our students safe.” ...

The MTA is calling for the creation of “progressive revenues” to fully fund schools next year and pushing back on layoffs, saying “public schools need more, not less, in the aftermath of the pandemic.”

Money funding police officers in public schools should be redistributed to social services, the MTA said.

Reflecting on widespread protests for racial equality that have gripped the nation, the union is pushing to reimagine curriculum that is “actively antiracist to reflect and affirm students of color, their cultures and their histories — and fight against xenophobia in all of its forms.”

The Boston Herald
Friday, June 19, 2020
Massachusetts teachers union wants to abolish MCAS
and take police out of schools upon reopening


Changes to policing tactics and accountability and the way people are allowed to vote have emerged as priorities for the six weeks remaining before the Legislature turns the page from formal to informal sessions and lawmakers turn their focus on re-election battles rather than policy fights.

There's agitating over efforts to advance major transportation, health care, climate change and housing bills before the break, which in and of itself is an indication that Beacon Hill is inching away from its coronavirus-only agenda. However, it's unclear whether a Legislature where members are still not able to meet in the same room will be able to navigate such weighty topics in a remote fashion.

State House News Service
Friday, June 19, 2020
Advances - Week of June 21, 2020


Chip Ford's CLT Commentary

It's another helter-skelter week on Beacon Hill, with all sorts of moving parts and many not-moving parts.  As time runs out for a state budget by the end of this month and the anticipated close of this Legislature's session on July 31, with legislators still trying to work coherently from their homes, what focus there is at the State House is on a growing list of unanticipated distractions.

The consensus seems to be to let The Big Three Gov. Baker, House Speaker DeLeo, and Senate President Spilka run the state along with their lieutenants while rank and file legislators stumble around chasing the latest headline causes.

All sorts of norms are being abandoned.  The Wuhan Chinese Pandemic has rearranged our very form of government, restricted beyond recognition our economy, our freedoms and our lives.  Kowtowing to racial justice protests and riots that followed is changing our safety, culture, and shared history good and bad.

"Gov. Charlie Baker on Friday filed a $5.25 billion interim spending bill that would keep government running beyond June 30 through July," the State House News Service reported ("Baker Seeks $5.25 Billion Interim State Budget").  "Gov. Baker filed his $44.6 billion annual budget in January, but some economists have predicted that tax revenues in fiscal 2021 could come in as much as $6 billion short of the estimates used to build that budget."

Stop and think about this.  A $5.25 billion "interim spending bill" to get the state through July, one month.  Carried through the fiscal year that would create a $63 billion FY2021 budget for the coming 12 months.  That exceeds even the $44.6 billion Baker proposed in January, which itself was $1.3 billion more than last year's $43.3 budget.

Commonwealth Magazine noted in its report on Wednesday ("Lawmakers considering novel budget approaches"):

In a typical year, it takes six months of back and forth for the House, Senate and administration to agree on a state budget.  This year, could they cut a deal behind closed doors?

With two weeks left before the end of the fiscal year, no budget is in sight.  And instead of the usual process, policymakers are floating the idea of an interim budget – one that may be agreed on by the House, Senate, and administration before it is released.

Independent experts say the different approach may be a reasonable one, given the pandemic – although it could have implications for things like transparency and debate....

But behind the scenes, state policymakers appear to be discussing a budget that is done jointly and for an interim time period, although the exact length is uncertain.

On the short end, doing an interim budget through July or August would give lawmakers a chance to see if Congress passes another federal stimulus bill before the August recess.  It would also let the Department of Revenue collect last year’s state income taxes, since the deadline for filing was extended from April 15 to July 15.

On the longer end, there could be a political incentive to craft a budget that goes through November, so lawmakers do not have to pass a full-year austerity budget before they face reelection.


One topic still being focused upon like a laser is gas tax hikes, especially the Transportation Climate Initiative (TCI), aka, "Baker's Boondoggle."

"Transportation is shaping up as an area of focus in the weeks leading up to the scheduled end of formal sessions on July 31, with the tax-and-fee bill, an $18 billion multi-year borrowing bill, a $300 million local road repair bill, and the future of the MBTA oversight board all in play," the State House News Service reported on Monday ("Gas Prices Stay Low as Tax Debate Heats Up").

On Wednesday the News Service further reported (Theoharides: Urgency Remains on Transportation Emissions Pact):

Energy and Environmental Affairs Secretary Kathleen Theoharides said Wednesday that the COVID-19 pandemic has only sharpened her and the administration's resolve to push forward with its climate change agenda, including a regional transportation emissions cap-and-trade program for gasoline that would add additional costs at the pump. . . .

Asked specifically about the future of the multi-state Transportation and Climate Initiative, Theoharides said the six-month delay in releasing a final MOU [memo of understanding] for signatures should have no impact on the proposed start date for the program, which had been 2022.

"I think there continues to be really strong coordination between the states," Theoharides said.  "We did push back the deadline to give all of the states time to deal with the pandemic and process what this meant, but none of us feels this changes the urgency or the need for TCI." . . .

The coalition now plans to release a final proposal for states to review and sign by the fall, and some states, though not Massachusetts, will need a vote of their Legislature to approve participation. . . .

The secretary did, however, lament that Gov. Baker's bill to raise deeds fees to generate $1 billion over the next 10 years to spend on climate change mitigation in communities has stalled.

Other climate initiatives have similarly seemed to stall out during the pandemic.

The House passed Speaker Robert DeLeo's own climate change adaptation bill that proposed to spent more than $1 billion in grants over 10 years to fight climate change, but it has not moved in the Senate.  Meanwhile, the House has not taken action on a trio of bills approved by the Senate to set a net-zero 2050 emission reduction requirement and direct the administration to pursue carbon pricing mechanisms for the transportation and building sectors, and explore the electrification of the MBTA bus fleet.

The key takeaway:  "The coalition now plans to release a final proposal for states to review and sign by the fall, and some states, though not Massachusetts, will need a vote of their Legislature to approve participation."

With Royal Governor Charles Baker instigator of this multi-state pact riding his omnipotent power-high I don't expect the Legislature has the capacity to stand in his way and stop this, even if legislators want to.  Our best hope rides with legislatures and governors in the other eleven states in the proposed pact, perhaps too reluctant to sign onto the boondoggle and take the political heat, preventing the critical mass necessary for TCI to succeed.


Business across Massachusetts are being hammered under Baker's draconian lockdowns.  While most of the nation saw retail sales surge last month as states began re-opening their economies, Baker didn't allow his lockdown to ease a bit until late-May.  The News Service on Tuesday reported ("U.S. Numbers May Foreshadow Mass. Retail Sales Surge"):

American retail sales surged in May after a dismal April, offering some encouraging news about the prospects of economic recovery and delivering a potential glimpse toward the near-term future in Massachusetts, where reviving public activity has lagged other parts of the nation.

Consumers spent $485.5 billion on retail and food services nationally last month, a 17.7 percent growth over the $412.6 billion spent in April, according to data published Tuesday by the U.S. Census Bureau....

Massachusetts did not start allowing establishments shuttered in response to the outbreak to start reopening until late May, and even today -- in the first half of the Baker administration's Phase 2 -- operations are still limited and some activity remains off limits.  Customers have been permitted to shop inside retail stores in Massachusetts for about a week now....

The resurgence in May at the national level represented the largest one-month percent increase in the history of the data series....

Data RAM collected in a May survey showed that about 30 percent of its member businesses questioned whether they would be able to reopen after the pandemic.  Four out of five had seen sales decline between 26 percent and 100 percent, [Jon Hurst, president of the Retailers Association of Massachusetts] said.

Now comes even greater hardships for any that manage to reopen someday:  They will be whacked with a huge increase in unemployment insurance payments for Baker's draconian and extended lockdown that imposed record unemployment.  According to the State House News Service in its report on Tuesday ("Businesses Could Face Huge Tab for Unemployment Crisis"):

The massive, years-long deficit on the horizon is driven by an unprecedented level of unemployment aid, an obligation the state projects to be nearly $6.4 billion in 2020 — more than five times as much as last year — and $5.1 billion in 2021.

Business premiums generate the money distributed to laid-off workers, and those mandatory payments are set to rise starting in 2021.  The May report projected the average cost per employee will rise from $562 in 2020 to $759 in 2021, $880 in 2022 and $922 in 2023.

The Boston Herald reported on Tuesday ("Massachusetts phased reopening ‘phasing out’ restaurants, critic says"):

Massachusetts will be the last New England state to allow indoor dining after New Hampshire on Monday joined Rhode Island, Vermont and Maine to allow patrons to eat indoors.  Connecticut is expected to allow indoor dining to resume Wednesday.

Gov. Charlie Baker has promised an update on when the second half of phase 2 of his reopening plan — which would allow indoor dining at a reduced capacity — will go into effect....

Over a dozen restaurants in Boston have already fallen victim to coronavirus, announcing they would not reopen even after restrictions are lifted....

[Massachusetts Restaurant Association] President Bob Luz has said Massachusetts could lose as many as 20% of its restaurants from coronavirus losses.

But any small business fortunate enough to still be breathing when its freedom to do business is returned has nothing to worry about state government is coming to their rescue!

State House News Service reported on Thursday ("Emergency Regulations Will Deliver More Small Biz Tax Relief"):

Beacon Hill leaders will further delay tax deadlines for small businesses around the state in another step aimed at lessening pressure on those hit hardest by the economic downturn that the pandemic prompted.

Sales, meals and room occupancy taxes for qualifying businesses for March through August will not be due to the state until September, and those that wait will not face any penalties or interest, Gov. Charlie Baker and legislative leaders announced Thursday.

Under the administrative tax relief measures, any businesses that paid less than $150,000 in regular sales plus meal taxes or less than $150,000 in room occupancy taxes in the year ending Feb. 29 will qualify for relief, according to a press release.  Others will also have late penalties waived.

The administration had originally postponed collection of those taxes until June 20.

"Beacon Hill leaders" apparently have heard that you can't squeeze blood out of a stone or they'd be trying.  As soon as surviving small businesses hopefully start climbing out of the state-imposed lockdown and trying to stand upright the Beacon Hill predators will be waiting to pounce.  Back taxes owed and a huge spike in unemployment insurance payments that ought to stimulate the crushed Massachusetts economy.


Neutered legislators are beginning to notice they've become relegated to the class of "non-essential workers," emasculated though still paid well.

"State lawmakers are frustrated at the pace of restarting the state's economic engine, and complain they've been locked out of the decision-making process," The Salem News reported on Thursday ("Legislature feels locked out of reopening process; State lawmakers frustrated in being left out of decision-making process").

. . . Rep. Lenny Mirra, R-Georgetown, said he is hearing from a lot of businesses in his district who want the reopening process to be stepped up.

"The frustrating part is we really don't have any say over it," he said.  "All we can do is call and write the governor and urge him to open up sooner." ...

Under his state of emergency declaration, Baker has had near autocratic powers to unilaterally direct the state government's response to the coronavirus pandemic.

Since the outbreak began in mid-March, Baker has issued more than three dozen executive orders and directives — from the closure of schools, day care centers and other non-essential businesses to a stay-at-home advisory — to prevent the spread of the virus.  Most of the orders remain in effect, with no expiration date.

Meanwhile, the Legislature was largely hobbled at the outset of the pandemic, prevented from meeting in person to debate and enact emergency legislation.  It took several weeks before the nearly 250-year-old legislative body came up with a system to vote on bills remotely, and even now that process is lumbering along.

To be sure, legislative leaders have done little to oppose Baker's orders and have focused on passing laws to support and expand many of his executive actions. . . .

I see this as an encouraging sign that the end of the beginning has arrived.  Now that it's too late to stand up when it counts and make a difference, legislators are making noise about having been left out of the governing for months.  It reminds me of that old adage, "When you're about to get run out of town on a rail, get out in front and call it a parade."


"President Donald Trump will have a discussion with governors at the White House Thursday about reopening small businesses," the News Service reported on Thursday, "but Gov. Charlie Baker won't be among them."

The president's schedule released Wednesday night includes the 3 p.m. roundtable with governors in the State Dining Room.  A senior aide to Baker said the Republican from Massachusetts will not be traveling to Washington, D.C. on Thursday.

Baker has not released a public schedule of his own for Thursday, but has been taking criticism from some business groups and conservative lawmakers about the pace of his reopening strategy.

I wonder if the White House invited any other "Resistance" Democrat governors to attend?


In his May 22 column ("Bottle bill all bottled up in pandemic panic") Howie Carr noted:

Comrades, you are hereby ordered to keep piling up those empty cans and bottles in the garage or the mudroom or wherever, because the Reich is in no hurry to reopen the vast majority of redemption centers.

It’s not as bad as Charlie Parker costing you your job (38,000 more unemployed Thursday).  Nor is it as exasperating as the plague of officious Mask Police, or the kids underfoot at home, or watching 24/7 panic porn about a virus that has killed all of 78 people in the state under the age of 50.

But watching those “redeemables” pile up unreturned in overflowing bags and bins is just another little slap in the face by these smug mandarins who are so gleefully bullying us while they continue to collect their six-figure salaries.

No bottle redemptions – you’ll take it and you’ll like it!

The New Boston Post updated the situation in its report on Thursday ("Massachusetts Bottle, Can Deposit Fee Sees 22.3 Percent Revenue Increase Amid Coronavirus Shutdown"):

During an instant recession caused by the coronavirus shutdowns, the state government of Massachusetts took in 22 percent more revenue from deposit fees on bottles and cans in March, April, and May than it did during the same time last year.

Why the difference?

Fewer people returned bottles and cans for a nickel apiece because it was harder to do so, and the state kept the difference.

The Bay State’s abandoned deposits revenue this past March was $5,567,807, an uptick over the $4,167,181 it collected in March 2019.  Additionally, the number topped the state’s totals for February 2020 ($4,041,401) and January 2020 ($4,849,590).  In April, the figure was $5,117,693, a slight decrease from the $5,214,766 collected in April 2019.  In May, however, it increased to $5,638,872 — up from $3,958,691 in May 2019.

That means in March, April, and May 2020, the state collected $16.32 million in abandoned deposit revenue compared to $13.34 million over that same span in 2019.  That’s a difference of about $2.98 million, a 22.3 percent increase in revenue.

On March 18, the Massachusetts Department of Environmental Protection and the Massachusetts Attorney General’s Office suspended enforcement of the state’s regulation that ordinarily requires retailers like grocery stores and liquor stores to accept beverage containers with bottle deposits.  The suspension continued until June 5, when the requirement resumed.

Did that mean Massachusetts businesses stopped charging people the five cents per bottle and can?  No.

They can't squeeze blood from a stone, but they sure can nickel and dime consumers to death.


Despite the pandemic-induced economic coma imposed on state residents and businesses count on the Massachusetts Teachers Association the state's largest teachers union and taxpayers' most prominent enemy to be making its usual self-serving radical demands.  "The MTA is calling for the creation of 'progressive revenues' to fully fund schools next year and pushing back on layoffs, saying 'public schools need more, not less, in the aftermath of the pandemic.'”

The State House News Service reported on Thursday ("MTA Lays Out Demands as Part of 'Reopening Platform'”):  "Funding levels called for under the new school finance reform law, additional staff and an elimination of MCAS tests are among the measures the Massachusetts Teachers Association says should be the foundation for reopening schools.

The Boston Herald added on Friday ("Massachusetts teachers union wants to abolish MCAS and take police out of schools upon reopening"):

The state’s largest teachers union laid out its list of demands for a safe reopening of schools amid the pandemic this fall, calling on the state to pay for personal protective equipment and the “dismantling of a system of institutionalized racism” starting with eliminating the MCAS and taking police officers out of schools.

“Now more than ever, we must transform public education to show — through structures, policies and practices — that black and brown lives matter,” the Massachusetts Teachers Association said in a statement. “We also can only return if we know that we as a Commonwealth are using the frightening upheaval of this moment to think critically and collectively about the goals we have for our public schools and what it means to keep our students safe.” . . .

The MTA is calling for the creation of “progressive revenues” to fully fund schools next year and pushing back on layoffs, saying “public schools need more, not less, in the aftermath of the pandemic.”

Money funding police officers in public schools should be redistributed to social services, the MTA said.

Reflecting on widespread protests for racial equality that have gripped the nation, the union is pushing to reimagine curriculum that is “actively antiracist to reflect and affirm students of color, their cultures and their histories — and fight against xenophobia in all of its forms.”


What's ahead next week and for the days beyond before the July 31 recess of this legislative session?  It looks like more chaos and confusion.   According to next week's Advances from the State House News Service:

Changes to policing tactics and accountability and the way people are allowed to vote have emerged as priorities for the six weeks remaining before the Legislature turns the page from formal to informal sessions and lawmakers turn their focus on re-election battles rather than policy fights.

There's agitating over efforts to advance major transportation, health care, climate change and housing bills before the break, which in and of itself is an indication that Beacon Hill is inching away from its coronavirus-only agenda.  However, it's unclear whether a Legislature where members are still not able to meet in the same room will be able to navigate such weighty topics in a remote fashion. . . .

The House Ways and Means Committee has until July 1 to make its fiscal 2021 budget recommendation, which will be the first look at where lawmakers plan to cut spending, exact savings, or raise revenues to address the projected sharp decline in tax collections due to record unemployment and the recession caused by COVID-19 business shutdowns and related impacts. . . .

Legislative leaders haven't signaled when they plan to put a full fiscal 2021 budget before the House or Senate, but it seems likely that budget talks will stretch beyond the scheduled July 31 end of formal legislative sessions.

Stay tuned . . .

Chip Ford
Executive Director


Full News Reports Follow
(excerpted above)

State House News Service
Friday, June 19, 2020
Weekly Roundup - New Normal Times
Recap and analysis of the week in state government
By Colin A. Young


This isn't a normal year, not by a long shot.

When 2020 dawned, nobody expected that the major issues facing the Legislature and Gov. Charlie Baker at the summer solstice would be solving for the sudden evaporation of tax revenue, tackling police reform measures that some on Beacon Hill have spent years advocating for, and managing a reboot of the economy while trying to hold a global pandemic at bay.

But that's where we stand in June of 2020, a year without an equal in modern history.

If this were a normal year, legislative negotiators would right now be going back and forth over a compromise budget for the fiscal year that starts July 1 but, if history is any guide, Massachusetts would still be among the last states to get its spending plan in place.

Instead, the last real action on the fiscal 2021 budget came in January when Baker rolled out a $44.6 billion spending plan that would have its underlying assumptions wiped away before lawmakers could try their hands at producing a budget of their own.

The Institute on Taxation and Economic Policy this week said that "despite uncertainty all around the nation, a few states passed budgets this week and many more are negotiating to enact theirs before fiscal years close at the end of June." Massachusetts isn't among them and Baker on Friday filed a temporary budget for the month of July.

There are no penalties for finishing the budget late, but the time and effort required to agree on a budget and deal with all the amendments and vetoes that the governor could return cuts substantially into the capacity of lawmakers to tackle other major bills during July, the final month of formal sessions.

If this were a normal year, the legislative agenda would be in pretty clear view with about six weeks left for formal lawmaking. With time running out before the July 31 end of formals, lawmakers and the governor typically winnow the field down to include a handful of priority bills in addition to the budget.

Instead, the governor and lawmakers this week added legislation to the laundry list of things they hope will get done by the end of the session -- and there's been no serious talk, at least publicly, about extending the end of formals beyond July 31 in some weeks.

The Senate this week pulled the curtain off of a health care reform bill that it plans to put up for a vote next week, but the outlook for that issue in the House remains unclear and recent sessions have shown that health care is a topic that lawmakers can struggle to find common ground on. Will the lessons of the pandemic change that? We'll see.

Senate President Karen Spilka and House Speaker Robert DeLeo have both said they want to act on racial justice and police reform legislation before July 31. Baker proposed what he called a "first step" toward creating a more just system Wednesday, putting forward a bill that would establish a certification system for law enforcement officers and strip licenses from officers who commit egregious violations.

Massachusetts is one of only four states that does not have a police certification system in place.

"How can we hold folks who are doing our nails and our hair at a (higher) standard than someone who could take my life? How can we hold someone who is a financial planner at a higher standard than someone who could take my civil liberties?" Rep. Russell Holmes, a Mattapan Democrat who has been pushing similar legislation to create a statewide Peace Officer Standards and Training system, said at Baker's press conference Wednesday.

Baker repeatedly said he wanted the bill done by July 31 -- further suggesting the House and Senate will hold to their rule of no recorded roll call votes after that date -- but Holmes said the target completion date should be even earlier. By finishing work on the bill by July 20, the veteran lawmaker noted, lawmakers would still have time before July 31 to consider any gubernatorial amendments and override vetoes if Baker takes his full 10 days for review.

"Both the speaker and the Senate President have a more -- what we would call an omnibus bill," Holmes said. "They believe we can get this done. I would like them to prove it."

Attorney General Maura Healey and Baker's energy and environment secretariat wanted the company that owns the defunct Pilgrim Nuclear Power Station in Plymouth to prove that it has the money and technical ability to safely decommission the plant. And through a settlement announced this week, that's just what they got.

Holtec Decommissioning International will now be held to compliance measures that are more strict than federal requirements, must regularly report to the state on the status of the decommissioning of the plant that went dark a little more than a year ago, and must help fund state programs for emergency preparedness and environmental monitoring.

With Pilgrim now offline and other conventional power-generating facilities due to be retired soon, the state has been looking to the renewable power of offshore wind to supply some of the state's electricity. On that front, there was good news this week.

Vineyard Wind I, the project that would begin to fulfill a clean energy mandate from a 2016 law and has been eyed as the first utility-scale offshore wind development in the country, will be ready to move forward once a federal permit the developer hopes to be issued by December is in hand, the project's chief executive told the News Service.

On the energy front, Energy and Environmental Affairs Secretary Kathleen Theoharides this week doubled down on the administration's intention to launch the multi-state Transportation and Climate Initiative, a regional transportation emissions cap-and-trade program that would increase the price of gasoline.

The week wrapped up Friday with a new push from lawmakers for the state to formally recognize Juneteenth -- a holiday marking the day in 1865 that enslaved African Americans in Texas got word that they were free -- as a state holiday, an idea the governor seems to be on board with.

"The need to establish Juneteenth as a state holiday is aligned with the Black Lives Matter Movement and is a step in the right direction," Boston Rep. Chynah Tyler, a sponsor of one bill to make June 19 a state holiday, said in a statement. "African Americans fought valiantly in every war since the Civil War, yet have not been granted access to life, liberty, and the pursuit of happiness. Because Black lives matter, we must honor all African Americans who sacrificed their lives for this very cause and set the tone for the future generations to live without fear of being unlawfully detained or harmed without equitable due process."


State House News Service
Monday, June 15, 2020
Gas Prices Stay Low as Tax Debate Heats Up
By Michael P. Norton


As House leaders prod their Senate counterparts to pass a gas tax increase and other new revenue sources for transportation spending, AAA Northeast reported Monday that gas prices are holding at $2.01 per gallon.

The average price didn't budge in AAA's weekly survey and compares to $2.67 a gallon at this time last year.

"As Americans drive more, they are boosting gasoline demand, and that increased demand is generally lifting pump prices," said Mary Maguire of AAA Northeast. "Higher demand will continue to push up gas prices in the coming weeks, but the numbers aren't going to spike as high as they typically do in summer. That's because demand won't be sufficient enough to drive down stock levels, and we have a robust supply right now."

In March, the House approved a tax-and-fee bill that featured a 5-cent hike to the state's gasoline tax and a 9-cent increase to the diesel tax. Supporters of that bill say it could bring in more than $500 million in new revenues for transportation and the MBTA. Senate President Karen Spilka has raised questions about increasing taxes during the recession but has also acknowledged the need for more transportation system revenues.

Transportation is shaping up as an area of focus in the weeks leading up to the scheduled end of formal sessions on July 31, with the tax-and-fee bill, an $18 billion multi-year borrowing bill, a $300 million local road repair bill, and the future of the MBTA oversight board all in play.


State House News Service
Wednesday, June 17, 2020
Theoharides: Urgency Remains on Transportation Emissions Pact
Environmental Justice Policies Being Updated
By Matt Murphy


Energy and Environmental Affairs Secretary Kathleen Theoharides said Wednesday that the COVID-19 pandemic has only sharpened her and the administration's resolve to push forward with its climate change agenda, including a regional transportation emissions cap-and-trade program for gasoline that would add additional costs at the pump.

Despite the virus pushing global economies into recession and threatening the futures of countless businesses, Theoharides said the collision of a highly-contagious respiratory disease and debate over racial injustice has played a significant role in highlighting how communities that have historically been left out of the environmental planning process can be hurt by climate change and pollution.

"It's not just a climate change piece here. It's also about local air quality and communities that have been disproportionately impacted by air quality and these are often communities of color," Theoharides said.

The administration, in additional to finalizing its plan to achieve its goal of net-zero emissions by 2050, also plans to update its environmental justice policies before the end of the year to take into account COVID-19 and other factors as it considers energy projects and other programs. It will be just the second update to the policy that was established in 2002, and last changed in 2017.

The secretary took part in an hour-long discussion hosted by the Environmental League of Massachusetts about the work her agencies have been doing during the pandemic and how COVID-19 has impacted their planning.

Asked specifically about the future of the multi-state Transportation and Climate Initiative, Theoharides said the six-month delay in releasing a final MOU for signatures should have no impact on the proposed start date for the program, which had been 2022.

"I think there continues to be really strong coordination between the states," Theoharides said. "We did push back the deadline to give all of the states time to deal with the pandemic and process what this meant, but none of us feels this changes the urgency or the need for TCI."

The initiative would put a cap on emissions emitted by vehicles, and require gasoline suppliers to buy allowances based on the carbon content of their fuel. The cap-and-trade program could add as much as 17 cents per gallon to the price of gasoline, but would also generate hundreds of millions of dollars for participating states to invest in climate change mitigation.

Rather than creating a disincentive, Theoharides said the current pandemic has made a "compelling" argument for why TCI is necessary.

"I think it's built an even stronger case for TCI and the investments we can make with the revenue at a time when revenue might be limited," she said.

The coalition now plans to release a final proposal for states to review and sign by the fall, and some states, though not Massachusetts, will need a vote of their Legislature to approve participation.

One thing the administration has been able to follow through on during the pandemic is issuing a letter of determination updating the state's carbon emission reduction targets to net-zero by 2050. Baker outlined this as a priority in his State of the Commonwealth address in January, and Theoharides signed the final notice in April.

Theoharides said that if the pandemic has taught her anything about how states and countries should be preparing for climate change it's that they "don't want to deny the science."

"There's never been a more important time for us to dig down and continue our efforts on climate change. The pandemic has given us a glimpse of what happens where you don't prepare for something," she said.

In particular, Theohardies said the next decade is going to be critical for states like Massachusetts to put themselves on the right track and implement the policies that will be necessary to meet 2050 emission reduction goals.

She noted, for example, that over the next 30 years many consumers will only replace their vehicles two to three times, so steering their [decisions] toward electric or other low-emission options is urgent.

Theoharides said the administration does not think current trends brought on by the pandemic, such as reduced traffic and lower public transit ridership, will last long enough to have an impact on the state's plans to meet its climate change goals.

That extends to the MOR-EV program, a once popular rebate program for electric vehicles that the Baker administration relaunched in January when it was able to identify new funding to support it.

"No one is buying electric vehicles right now," Theoharides said.

The secretary did, however, lament that Gov. Baker's bill to raise deeds fees to generate $1 billion over the next 10 years to spend on climate change mitigation in communities has stalled.

Other climate initiatives have similarly seemed to stall out during the pandemic.

The House passed Speaker Robert DeLeo's own climate change adaptation bill that proposed to spent more than $1 billion in grants over 10 years to fight climate change, but it has not moved in the Senate. Meanwhile, the House has not taken action on a trio of bills approved by the Senate to set a net-zero 2050 emission reduction requirement and direct the administration to pursue carbon pricing mechanisms for the transportation and building sectors, and explore the electrification of the MBTA bus fleet.

One of the upsides of the COVID-19 outbreak, the secretary said, has been the renewed appreciation for nature preserves and outdoor recreation as people look for a safe, socially distant way to exercise and decompress.

Theoharides said the administration has been looking at data being compiled by Google using cellphone GPS and found that as of June 7 in some counties there were parks and other public spaces where usage was up 200 percent from the same days a year ago.

"We hope these are users who will continue to use park and open spaces and value these spaces after the pandemic is over," she said.


State House News Service
Tuesday, June 16, 2020
Businesses Could Face Huge Tab for Unemployment Crisis
By Chris Lisinski


Several months into a flood of new and continuing unemployment claims prompted by the COVID-19 outbreak, Massachusetts labor officials quietly estimated the fund used to pay out benefits will be billions of dollars in the red through at least 2024. As a result, businesses may need to pick up a huge tab.

The unemployment insurance trust fund outlook report for May, which the Executive Office of Labor and Workforce Development posted this month, forecasts that Massachusetts will need to seek federal loans and will likely increase payments that employers make toward unemployment insurance by as much as 65 percent compared to pre-pandemic levels.

As first reported by the Boston Business Journal, the latest outlook projects an unemployment fund deficit of $3.1 billion by Jan. 1, 2021.

Those shortfalls, which do not account for potential federal loans, are expected to last for years, rising to $6.1 billion in 2022, $6.6 billion in 2023 and then back down slightly to almost $5.9 billion in 2024. Officials do not currently expect the fund to bring in more than it pays out in benefits until 2023.

Through April, the fund had a balance of $1.4 billion. The massive, years-long deficit on the horizon is driven by an unprecedented level of unemployment aid, an obligation the state projects to be nearly $6.4 billion in 2020 -- more than five times as much as last year -- and $5.1 billion in 2021.

Business premiums generate the money distributed to laid-off workers, and those mandatory payments are set to rise starting in 2021. The May report projected the average cost per employee will rise from $562 in 2020 to $759 in 2021, $880 in 2022 and $922 in 2023.

In the meantime, the Baker administration will need to secure federal loans to keep unemployment benefits flowing while work continues on economic recovery.


State House News Service
Tuesday, June 16, 2020
U.S. Numbers May Foreshadow Mass. Retail Sales Surge
Sales Skyrocketed in May After Nosediving in April
By Chris Lisinski


American retail sales surged in May after a dismal April, offering some encouraging news about the prospects of economic recovery and delivering a potential glimpse toward the near-term future in Massachusetts, where reviving public activity has lagged other parts of the nation.

Consumers spent $485.5 billion on retail and food services nationally last month, a 17.7 percent growth over the $412.6 billion spent in April, according to data published Tuesday by the U.S. Census Bureau.

May represented the first stretch of growth in sales after month-over-month declines of 8.2 percent in March and 14.7 percent in April, precipitous drops reflecting the widespread mandatory business closures aimed at limiting transmission of the highly infectious coronavirus.

Massachusetts did not start allowing establishments shuttered in response to the outbreak to start reopening until late May, and even today -- in the first half of the Baker administration's Phase 2 -- operations are still limited and some activity remains off limits. Customers have been permitted to shop inside retail stores in Massachusetts for about a week now.

However, it's possible that the national trends could take hold soon in Massachusetts. Jon Hurst, president of the Retailers Association of Massachusetts, said small businesses and state leaders will need to communicate to the public that "they can shop and dine locally safely."

"For economic investment reasons, it is important for them to do so to support the future of their Main Streets and small businesses," Hurst wrote in a Tuesday email to the News Service. "We all need to shop like jobs depend on it, because they do."

The resurgence in May at the national level represented the largest one-month percent increase in the history of the data series.

Despite that growth, overall sales remained lower than before the pandemic hit the United States in full force and prompted a national recession. In February, consumers spent about $527.3 billion on retail and food services.

"The dramatic bounceback in retail sales last month is an extremely positive sign for the direction of the U.S. economy, but the declines over the past few months have squeezed many U.S. retailers," Jaime Ward, head of retail finance for Citizens Bank, said in a statement. "The Covid-19 pandemic accelerated a disruption of the retail sector that was already well under way as more consumers shifted from bricks and mortar stores to online shopping. Retailers that were able to stay open during the pandemic such as grocery stores and others that had invested in their e-commerce platforms have fared better than those who relied more on bricks and mortar stores for sales or were over-leveraged."

Officials are attempting to balance the dual public health and economic crises. More than 115,000 Americans have died due to COVID-19 so far, while the shutdowns pushed unemployment to a record 14.7 percent in April before a slight drop to 13.3 percent in May.

Labor officials will release the May unemployment rate for Massachusetts on Friday, which could offer more insight into the current economic climate. Many of the jobs lost have been in retail or food service.

Data RAM collected in a May survey showed that about 30 percent of its member businesses questioned whether they would be able to reopen after the pandemic. Four out of five had seen sales decline between 26 percent and 100 percent, Hurst said.

While retail sales figures for May are not yet available for Massachusetts, Hurst pointed to sales tax collections at the state level as "better than some would have anticipated" in recent months as evidence that a rebound could be coming.

In April, he said, a nearly 25 percent drop in overall sales broke down into almost 60 percent less spending on meals, 34 percent on motor vehicles, and about 14 percent on everything else.

"Being down only -14% was actually good news in my mind because people were quarantined, stores closed, yet significant spending still occurred," Hurst said. "Of course that spending was primarily going to out of state sellers over the Internet. So the key is to get those sales back to Massachusetts sellers in the weeks to come."


State House News Service
Thursday, June 18, 2020
Emergency Regulations Will Deliver More Small Biz Tax Relief
By Chris Lisinski


Beacon Hill leaders will further delay tax deadlines for small businesses around the state in another step aimed at lessening pressure on those hit hardest by the economic downturn that the pandemic prompted.

Sales, meals and room occupancy taxes for qualifying businesses for March through August will not be due to the state until September, and those that wait will not face any penalties or interest, Gov. Charlie Baker and legislative leaders announced Thursday.

Under the administrative tax relief measures, any businesses that paid less than $150,000 in regular sales plus meal taxes or less than $150,000 in room occupancy taxes in the year ending Feb. 29 will qualify for relief, according to a press release. Others will also have late penalties waived.

The administration had originally postponed collection of those taxes until June 20.

The House approved legislation this month that, among other relief steps, would waive penalties and interest on meals tax payments through the end of the year. The Senate has not yet indicated plans for the bill (H 4767).

In a Thursday joint press release alongside Baker and Senate President Karen Spilka, House Speaker Robert DeLeo pointed to that legislation as a complementary step.

The Department of Revenue will issue emergency regulations and a technical information release to implement the administrative relief measures.


The Boston Herald
Tuesday, June 16, 2020
Massachusetts phased reopening ‘phasing out’ restaurants, critic says
By Erin Tiernan


Critics warn restaurants are being “phased out” by a four-phase reopening plan they say is taking a “snail’s pace” approach to restarting the state’s stalled economy as the coronavirus threat recedes.

“Our state’s restaurants are being phased out while they watch every other state in New England open up but not ours,” Paul Craney, spokesperson for Massachusetts Fiscal Alliance, said in a statement.

Massachusetts will be the last New England state to allow indoor dining after New Hampshire on Monday joined Rhode Island, Vermont and Maine to allow patrons to eat indoors. Connecticut is expected to allow indoor dining to resume Wednesday.

Gov. Charlie Baker has promised an update on when the second half of phase 2 of his reopening plan — which would allow indoor dining at a reduced capacity — will go into effect.

Massachusetts has been harder-hit by coronavirus compared to neighboring states — a fact Baker has repeatedly said is driving the state’s gradual reopening. Restaurants were permitted to open up patios and resume outdoor dining, with some restrictions on June 8.

Restaurants are finding it hard to make ends meet amid restrictions on the number of customers and the continued ban on indoor dining. Less than 80% of Massachusetts restaurants have outdoor patios, according to the Massachusetts Restaurant Association.

Over a dozen restaurants in Boston have already fallen victim to coronavirus, announcing they would not reopen even after restrictions are lifted.

Chris Damian, co-owner of restaurants Papagayo and Sip Wine Bar and Kitchen, said reopening indoor dining is “exponentially important” to keeping the restaurants like his in business.

“We’re a low-margin business … with rents and everything, we’re nowhere near breakeven. We need the dining open,” Damian said

MRA President Bob Luz has said Massachusetts could lose as many as 20% of its restaurants from coronavirus losses.

It’s bad news for unemployed people looking to get back to work. The restaurant industry employed 263,000 Massachusetts workers in February — just over 10% of the total workforce. Roughly 90% were laid off amid the shutdown on dining out. Over 1 million people have filed unemployment claims in Massachusetts since the pandemic began.

“Massachusetts continued to see our unemployment numbers grow and that is largely due to poor decisions. The governor’s office simply doesn’t have the capacity to review the hundreds of thousands of unique situations that compromise our economy. The result is unnecessary closures and a snail’s pace reopening,” Craney said.


State House News Service
Friday, June 19, 2020
Indoor Dining Set to Resume in Mass. on Monday
Baker: "Reopening in Massachusetts is Working"
By Matt Murphy


Restaurants that have been serving patrons on patios and sidewalks for the past two weeks will be able to welcome diners indoors beginning Monday as Gov. Charlie Baker announced Friday that he was triggering the next stage of his economic reopening plan.

In the midst of a heat wave, no less.

Baker, at a State House press conference, also said offices would be able to bring back to work more employees and increase their capacity from one quarter to 50 percent of their workforce. And close-contact personal services offered at nail salons, massage and tattoo parlors and personal training can resume on June 22.

The progress through the phases of the Baker's administration's reopening strategy comes as Massachusetts has continued to see downward trends in hospitalizations, which are now under 1,000, and positive test rates, which have fallen to 2.3 percent.

"Reopening Massachusetts is working," Baker said. "Business is coming back, people are regaining that sense of purpose that was lost. I know it can't happen fast enough, but people in Massachusetts are proving that we can reopen and continue to bring the fight to the virus when we all do our part."

Baker, however, urged people to continue to socially distance, wear masks and practice proper hygiene, and said if people can still work from home they should "for a little longer" to limit crowding on public transit. He said he was leaving the current work-from-home structure for executive branch government employees in place.

"We should keep in mind that COVID doesn't take the summer off. We cannot nor should we become complacent," Baker said, noting spikes in cases and hospitalizations in other parts of the country.

Baker entered Massachusetts into the second phase of his reopening plan on June 8, but divided it into two parts. While some businesses have had to wait two weeks longer to reopen than they expected, restaurants were allowed to start with outdoor dining, and are now transitioning to full service.

The rules for indoor dining do not include capacity limitations, but do require tables to be six feet apart from each other and for parties to be limited to six or fewer guests. Seating is also prohibited at the bar.

Lt. Gov. Karyn Polito said the move into the second part of Phase 2 also means clothing retailers can open fitting rooms by appointment.

To assist with reopening, Polito also announced a new $225,000 grant program for non-profits and community organizations to apply for up to $25,000 to help restaurants and other businesses set up outdoor seating and sidewalk retail.

The application process for grants through the new "Resurgent Places" program, as well as the previously announced $5 million "Shared Streets and Spaces" program for municipalities, will open on Monday, Polito said.

Massachusetts Fiscal Alliance spokesman Paul Craney said Friday's move was welcomed, but leaves Massachusetts behind other states.

"Despite today's positive announcement from the Governor, Massachusetts is becoming well known for being far behind the curve compared to the rest of New England. If you are a small business owner in Massachusetts, you have to wait the longest to re-open. That's the message business owners, their workers, and customers constantly hear from the Governor and today's announcement reaffirmed this," Craney said.

Craney said businesses like gyms, indoor recreation and theaters need more information about what to expect in Phase 3, which Baker said he was delaying until at least early July.

"The introduction of additional surprise sub-phases and shifting businesses to phase 4 should not continue going forward," Craney said, referring to how bars were quietly moved from Phase 3 to Phase 4.

When Baker initially rolled out his four-phase reopening plan, he said each phase would last a minimum of three weeks. He stuck to that schedule when he entered Phase 2 on June 8, but the wait for Phase 3 will be longer.

Baker said he wants at least two weeks of data from indoor dining before deciding on the next step, which would push the reopening of gyms, movie theaters and other larger indoor spaces beyond June 29.

National Federation of Independent Businesses of Massachusetts Director Christopher Carlozzi said small businesses had been "extremely disappointed" when Baker carved the second phase into two parts.

"Outdoor dining proved overly restrictive with many eateries lacking adequate outdoor space and becoming dependent on favorable weather conditions. Hopefully consumers will once again choose to dine in some of the fine eating establishments around the Commonwealth and help one of the industries hardest hit by the pandemic," Carlozzi said in a statement.

Though Baker acknowledged the frustration and financial pain being felt by many small business owners, he said the sacrifices being made now are in an attempt to avoid or reduce the impact of a second wave, or "echo," in the fall.

That's why, the governor said, he continues to invest in testing and contact tracing to make sure the positive progress made in containing the virus so far doesn't reverse itself.

Health and Human Services Secretary Marylou Sudders said that the administration was rolling out a digital awareness campaign to promote testing, and will begin taking applications from providers who can either run new testing sites, or provide mobile testing options in places where testing has been more scarce.

The state also added a page to its website, www.mass.gov/gettested, that will provide information on testing with a link to the state's locator to find the most convenient site.

Friday was also the final day for free testing at the more than 50 pop-up sites set up by the administration to make tests available to people who had recently been in large gatherings, including any of the more than 300 protests of police brutality around the state that attracted 100 people or more.

Sudders said that since Wednesday nearly 16,000 people had been tested at these sites, and she expected results in the next couple of days.

Meanwhile, Sudders said later Friday the state would release new data on the reach of COVID-19 into communities of colors, with more comprehensive race and ethnic data on infections and recommendations on how to mitigate the impact.

The state's crisis standards of care, which were developed in anticipation of the surge earlier this spring, have also been rescinded. Those guidelines were intended to standardize decisions about who gets access to life-saving treatment like a ventilator if a hospital were to become overwhelmed with COVID-19 cases and run short on supplies and staff.


The Salem News
Thursday, June 18, 2020
Legislature feels locked out of reopening process
State lawmakers frustrated in being left out of decision-making process
By Christian M. Wade, Statehouse Reporter


State lawmakers are frustrated at the pace of restarting the state's economic engine, and complain they've been locked out of the decision-making process.

As Gov. Charlie Baker's administration moves ahead with a phased reopening of the state's coronavirus-battered economy, lawmakers say they're fielding daily questions and complaints from constituents and business owners, some of whom are frustrated that the process isn't moving quickly enough.

Those concerns are heightened within communities that border New Hampshire, which had a head-start on allowing restaurants and retailers to reopen.

Sen. Diana DiZoglio, D-Methuen, said Baker's far-reaching executive powers means lawmakers have had little or no control over the reopening process.

"Throughout the process, Gov. Baker has used his executive authority unilaterally, without clarity or transparency," she said. "He has chosen to bypass legislators."

It's not just members of the Legislature's Democratic majority who are grumbling about the pace of reopening.

Earlier this week, House Minority Leader Brad Jones, R-North Reading, posted a link to state data showing a continuing decline in COVID-19 cases and deaths.

"The numbers continue strong," Jones wrote on his Facebook page. "Time to accelerate the pace of reopening."

Rep. Lenny Mirra, R-Georgetown, said he is hearing from a lot of businesses in his district who want the reopening process to be stepped up.

"The frustrating part is we really don't have any say over it," he said. "All we can do is call and write the governor and urge him to open up sooner."

Mirra said he understands Baker needs to be cautious because he will be blamed if the state sees an uptick in COVID-19 infections during the reopening process.

"In his defense, the governor is the one who'll be held responsible if there's an increase in hospitalizations and deaths," he said. "It will end up on his lap."

Baker has acknowledged that not everyone is pleased with the pace of restarting the economy, but argues the state risks a second wave of infections if it opens up too quickly.

Under his state of emergency declaration, Baker has had near autocratic powers to unilaterally direct the state government's response to the coronavirus pandemic.

Since the outbreak began in mid-March, Baker has issued more than three dozen executive orders and directives — from the closure of schools, day care centers and other non-essential businesses to a stay-at-home advisory — to prevent the spread of the virus. Most of the orders remain in effect, with no expiration date.

Meanwhile, the Legislature was largely hobbled at the outset of the pandemic, prevented from meeting in person to debate and enact emergency legislation. It took several weeks before the nearly 250-year-old legislative body came up with a system to vote on bills remotely, and even now that process is lumbering along.

To be sure, legislative leaders have done little to oppose Baker's orders and have focused on passing laws to support and expand many of his executive actions.

But the directives handed down by the governor function essentially as temporary laws, bypassing the Legislature's traditional role in the policymaking process.

That irks some lawmakers, who say they're being locked out of decisions related to the economic health of the communities they represent.

"One can understand the need to use executive power to fast-track laws during the pandemic," DiZoglio said. "But emergency powers were not intended to be used as a way to bypass the elected legislative body for weeks and months."

Christian M. Wade covers the Massachusetts Statehouse for The Salem News and its sister newspapers and websites.


State House News Service
Thursday, June 18, 2020
Baker Not Joining Governors at White House
By Matt Murphy


President Donald Trump will have a discussion with governors at the White House Thursday about reopening small businesses, but Gov. Charlie Baker won't be among them.

The president's schedule released Wednesday night includes the 3 p.m. roundtable with governors in the State Dining Room. A senior aide to Baker said the Republican from Massachusetts will not be traveling to Washington, D.C. On Thursday.

Baker has not released a public schedule of his own for Thursday, but has been taking criticism from some business groups and conservative lawmakers about the pace of his reopening strategy.

"I would just say to people that the folks who went fast on reopening in many parts of the country are now dealing with a second set of significant issues with respect to growth rates and their positive tests," Baker said Thursday. "Some of them are now testing at a positive level that's above anything that they were dealing with previously."

It's not clear if all of the nation's governors were invited to Thursday's meeting.

The slow-and-steady reopening message from Beacon Hill contrasts with messaging from the White House, where Vice President Mike Pence is calling fears of a second wave of COVID-19 infection overblown and chalking up the surge in cases in southern states like Florida, Texas and Arizona to increases in testing.


State House News Service
Wednesday, June 17, 2020
State Releases Details of $2.45 Bil Capital Spending Plan
By Michael P. Norton


Transportation, higher education, and housing investments are prominent highlights of the state's $2.46 billion capital investment plan for the fiscal year that starts in two weeks.

The Baker administration late Wednesday morning released its plan and it notably features $200 million for the Chapter 90 local road and bridge repair program. Lawmakers are weighing bills funding and authorizing $300 million for that program.

The plan includes money for a new long-term care facility at the Soldiers' Home in Chelsea, $11.3 million for the final phase of a major harbor dredging project in New Bedford, and $12 million for the repair of dams and seawalls.

The projects funded in the plan are selected by the executive branch based in part on bond bills passed over the years by the Legislature, where lawmakers aim to force spending on public works projects in their districts but often authorize more than the state can afford to borrow, leaving important decisions about which projects advance to the Baker administration.


CommonWealth Magazine
Wednesday, June 17, 2020
Lawmakers considering novel budget approaches
With time short, interim budget under consideration
By Shira Schoenberg


In a typical year, it takes six months of back and forth for the House, Senate and administration to agree on a state budget. This year, could they cut a deal behind closed doors?

With two weeks left before the end of the fiscal year, no budget is in sight. And instead of the usual process, policymakers are floating the idea of an interim budget – one that may be agreed on by the House, Senate, and administration before it is released.

Independent experts say the different approach may be a reasonable one, given the pandemic – although it could have implications for things like transparency and debate. “These are really unusual times, so I’m not surprised to see legislators reaching for unusual approaches,” said Evan Horowitz, executive director of the Center for State Policy Analysis at Tufts University.

In late May, the State House News Service reported that Senate President Karen Spilka suggested the possibility of a joint House-Senate approach to budgeting. “I am hoping that we can have a joint agreement of the Senate, the House, and the administration, through [the Executive Office of Administration and Finance], on a path to take for the budget,” she said. “I think that it makes no sense for us to independently do budgets and then have a conference committee, but to just cut to the chase and just get some kind of budget done, particularly for July and then see how things go.”

House Speaker Robert DeLeo has been more circumspect about the prospect of a joint budget, though he has said he is talking to the Senate and the administration. But he been vocal about the likelihood of an interim budget, rather than a full-year budget. At a Greater Boston Chamber of Commerce event May 21, DeLeo suggested a “one-twelfth” budget – a spending plan that continues current funding levels for a month – that could be extended further.

The chairs of the Ways and Means Committees – Rep. Aaron Michlewitz and Sen. Michael Rodrigues – have been quiet about their plans.

“We continue to work with our colleagues in the House and administration, and we are hopeful that we will be able to produce a budget very soon that is thoughtful and responsible,” Rodrigues said in a statement.

Blake Webber, chief of staff to Michlewitz, said, “We are working closely with the Senate and the administration to assess the uncertain economic outlook, any potential further federal aid packages, and how best to address the FY21 budget process. We will continue these productive conversations for the foreseeable future.”

But behind the scenes, state policymakers appear to be discussing a budget that is done jointly and for an interim time period, although the exact length is uncertain.

On the short end, doing an interim budget through July or August would give lawmakers a chance to see if Congress passes another federal stimulus bill before the August recess. It would also let the Department of Revenue collect last year’s state income taxes, since the deadline for filing was extended from April 15 to July 15.

On the longer end, there could be a political incentive to craft a budget that goes through November, so lawmakers do not have to pass a full-year austerity budget before they face reelection. Doing a budget for just half a year could also give lawmakers more time to monitor medical advances and know, for example, when a vaccine might become available, which could allow for a fuller economic reopening.

Under normal circumstances, Horowitz said there is an advantage to having a robust debate as the budget bounces between bodies. But he said that may be less necessary this year. “There’s so much uncertainty and so little known information, I think the quality and significance of open debate is really diminished,” Horowitz said. “To say nothing of the fact that legislators are still struggling with ways to do meaningful in-person debates.”

Both the House and the Senate have been holding sessions with remote participation, but that format makes it difficult to have the type of natural back-and-forth that occurs in person.

Eileen McAnneny, president of the Massachusetts Taxpayers Foundation, said the tight time frame – with only two weeks left before the June 30 end of the fiscal year – means it might make sense to bypass the multiple iterations that a budget typically goes through, as it goes from the governor to the House to the Senate. If there is a joint agreement, McAnneny said, “The biggest advantage is the speed at which they’d be able to enact it.”

But, McAnneny cautioned, “It does assume there would be consensus on a lot of what could be controversial choices.” For example, lawmakers will have to decide how much money to set aside for schools, in what was supposed to be the first year of implementation of a new, more expensive school funding formula.

Continuing current funding levels also may not make sense with revenues expected to significantly decline.

Marie-Frances Rivera, president of the Massachusetts Budget and Policy Center, said there is an urgent need for budget writers to get some information out, as municipalities and school districts are starting to lay off staff due to budget crunches. “The lack of information isn’t helpful at this point for municipalities and departments and agencies to make budget decisions,” Rivera said.

Rivera said the most important thing about the process, however it is done, is that it be transparent with an opportunity for advocates and the public to weigh in. “There’s definitely a sense of urgency…but there also needs to be some level of transparency and some processes that would be democratic, with participatory conversations around the budget,” Rivera said.


The New Boston Post
Thursday, June 18, 2020
Massachusetts Bottle, Can Deposit Fee Sees 22.3 Percent Revenue Increase
Amid Coronavirus Shutdown
By Tom Joyce


During an instant recession caused by the coronavirus shutdowns, the state government of Massachusetts took in 22 percent more revenue from deposit fees on bottles and cans in March, April, and May than it did during the same time last year.

Why the difference?

Fewer people returned bottles and cans for a nickel apiece because it was harder to do so, and the state kept the difference.

The Bay State’s abandoned deposits revenue this past March was $5,567,807, an uptick over the $4,167,181 it collected in March 2019. Additionally, the number topped the state’s totals for February 2020 ($4,041,401) and January 2020 ($4,849,590). In April, the figure was $5,117,693, a slight decrease from the $5,214,766 collected in April 2019. In May, however, it increased to $5,638,872 — up from $3,958,691 in May 2019.

That means in March, April, and May 2020, the state collected $16.32 million in abandoned deposit revenue compared to $13.34 million over that same span in 2019. That’s a difference of about $2.98 million, a 22.3 percent increase in revenue.

On March 18, the Massachusetts Department of Environmental Protection and the Massachusetts Attorney General’s Office suspended enforcement of the state’s regulation that ordinarily requires retailers like grocery stores and liquor stores to accept beverage containers with bottle deposits. The suspension continued until June 5, when the requirement resumed.

Did that mean Massachusetts businesses stopped charging people the five cents per bottle and can? No.

However, some observers say that would have been a good idea.

In a time where many are struggling financially, MassFiscal spokesman Paul Craney the state should not have been trying to extract more money from people.

“When state government locks itself down from even being able to collect fees it could otherwise collect, you know you’ve taken it too far,” Craney told New Boston Post in an email message on Wednesday. “The state is stepping over itself throughout the lockdown and the best thing they can do is to allow for individuals and businesses to use their common sense and safely re-open on pace with the rest of New England.”

In Michigan, one of 10 states with a bottle and can deposit, the Mackinac Center, a right-leaning think tank, called for states to suspend or repeal their bottle deposit law on March 19 — which they have not done.

“The redemption of bottle deposits involves Michiganders carrying millions of unwashed but massively handled — and possibly contaminated — loose items for more touching and handling in grocery stores,” the Mackinac Center suggested at the time. “This pandemic has transitioned the bottle deposit scheme from a massively unsanitary idea to a potentially lethal one.”

Mackinac Center communications director Holy Wetzel told New Boston Post on Wednesday that she expects that fewer bottles will be thrown away this month than in past months because people want their money back.

“Michigan reopened bottle deposit center’s this week, so we expect that there will be an influx in returns,” she said in an email message. “However, many people also either just recycled their bottles or threw them away, so we expect there will still be some revenue leftover.”

Last month, Patrick Marvin, a spokesman for the Massachusetts Executive Office of Administration and Finance, told New Boston Post that his department recommended that people held onto their cans and bottles if their local redemption center was closed.

At the time, he told New Boston Post why the state charged people the bottle deposit fee during the shutdown.

“Ceasing collection of the deposit and then restarting collection would present logistical challenges for consumers and retailers,” he told New Boston Post in an email message in May. “Each container sold in Massachusetts is currently labeled with a deposit and that label signifies that the container has a deposit value. If a nickel was not collected at the point of sale, the bottle can be redeemed for a nickel later due to the labeling.”

On Wednesday, he had no further comment on the situation, and referred New Boston Post to a press release explaining how bottle redemption centers would be re-opening this month.

Although it would have been difficult to find grocery stores and liquor stores accepting bottle deposits during the shutdowns, New Boston Post reached out to several bottle redemption centers in the first week of May to see if any were open. Some were — in urban areas.

Employees for Taunton Redemption Center, Mattapan Bottle & Can Return, Lowell Bottle & Can Return Center, Pennywise Check Cashing (Worcester), and Haverhill Road Redemption Center told New Boston Post by telephone that they were open. In the suburbs, there was less luck. Places like Cohasset Redemption Center, Cans and Bottle Redemption Center (Milford), and Temple Redemption Center (Whitman), among others, were closed.


State House News Service
Friday, June 19, 2020
Baker Seeks $5.25 Billion Interim State Budget
By Matt Murphy


With the state's finances in disarray and the COVID-19 pandemic making it extremely difficult to predict the next 12 months, Gov. Charlie Baker on Friday filed a $5.25 billion interim spending bill that would keep government running beyond June 30 through July.

The new fiscal year is set to begin in less than two weeks, but neither the House nor the Senate have produced an annual spending proposal as they wait to gauge how severely the pandemic-caused recession will erode state tax revenues, and how slowly or quickly the economy might rebound.

House and Senate leaders have not laid out a timeline yet for completion of a budget for the full fiscal year, but Baker said the money that would be authorized in the temporary budget would be sufficient to cover government operations through July.

The bill also directs Treasurer Deborah Goldberg to make "advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines issued by the secretary." And it extends capital spending accounts that would otherwise expire at the end of the fiscal year.

The House and Senate have seven business days to pass the bill, but were expecting its filing and could act as soon as next week.

Gov. Baker filed a $44.6 billion annual budget in January, but some economists have predicted that tax revenues in fiscal 2021 could come in as much as $6 billion short of the estimates used to build that budget.


State House News Service
Thursday, June 18, 2020
MTA Lays Out Demands as Part of “Reopening Platform”
By Katie Lannan


Funding levels called for under the new school finance reform law, additional staff and an elimination of MCAS tests are among the measures the Massachusetts Teachers Association says should be the foundation for reopening schools.

The union published its reopening platform Thursday, as educators, parents and students wait to see what the Department of Elementary and Secondary Education's fall reopening guidance will look like.

MTA members plan to deliver the platform to the department's Malden office Thursday afternoon.

The platform calls for "progressive revenues" to be a part of a reopening process, saying, "Student and staff needs will not be sacrificed due to artificial funding constraints."

Reflecting the recent protests against structural racism, the MTA also said the state "must transform public education to show — through structures, policies and practices — that black and brown lives matter."

"We also can only return if we know that we as a Commonwealth are using the frightening upheaval of this moment to think critically and collectively about the goals we have for our public schools and what it means to keep our students safe," the union said in a statement. "Now more than ever, we must transform public education and recapture our central mission — educating the whole child and cultivating thinking, caring and creative adults who are ready to protect rights and liberties in a democratic society."

The union's demands come as business shutdowns associated with the pandemic have battered the economy. Experts are projecting the state revenue collections will fall billions below original projections. In anticipation of lower local aid levels and possible spending cuts, some school districts have been issuing layoff notices.


The Boston Herald
Friday, June 19, 2020
Massachusetts teachers union wants to abolish MCAS
and take police out of schools upon reopening
By Erin Tiernan


The state’s largest teachers union laid out its list of demands for a safe reopening of schools amid the pandemic this fall, calling on the state to pay for personal protective equipment and the “dismantling of a system of institutionalized racism” starting with eliminating the MCAS and taking police officers out of schools.

“Now more than ever, we must transform public education to show — through structures, policies and practices — that black and brown lives matter,” the Massachusetts Teachers Association said in a statement. “We also can only return if we know that we as a Commonwealth are using the frightening upheaval of this moment to think critically and collectively about the goals we have for our public schools and what it means to keep our students safe.”

School districts across the state are facing deep funding cuts and thousands of teachers received pink slips this week with revenues in free fall as the state’s economy has ground to a halt in an effort to contain the coronavirus pandemic. Budget watchdogs are predicting the state’s tax revenue could drop by $6 billion dollars this year.

The Department of Elementary and Secondary Education will distribute $193.8 million in federal funds to help districts address needs associated with the coronavirus, including technology and safety supplies. The money is allocated based on district poverty levels.

MTA president Merrie Najimy blasted the state’s guidance issued last week that informed school districts they would be responsible for purchasing their own PPE saying, “it will be communities of color — which have been historically subjected to structural racism through disinvestment in their public schools and other crucial services — that will be … disproportionately impacted.”

The MTA is calling for the creation of “progressive revenues” to fully fund schools next year and pushing back on layoffs, saying “public schools need more, not less, in the aftermath of the pandemic.”

Money funding police officers in public schools should be redistributed to social services, the MTA said.

Reflecting on widespread protests for racial equality that have gripped the nation, the union is pushing to reimagine curriculum that is “actively antiracist to reflect and affirm students of color, their cultures and their histories — and fight against xenophobia in all of its forms.”


State House News Service
Friday, June 19, 2020
Advances - Week of June 21, 2020


Changes to policing tactics and accountability and the way people are allowed to vote have emerged as priorities for the six weeks remaining before the Legislature turns the page from formal to informal sessions and lawmakers turn their focus on re-election battles rather than policy fights.

There's agitating over efforts to advance major transportation, health care, climate change and housing bills before the break, which in and of itself is an indication that Beacon Hill is inching away from its coronavirus-only agenda. However, it's unclear whether a Legislature where members are still not able to meet in the same room will be able to navigate such weighty topics in a remote fashion.

The focus remains on some of the most pressing issues, including legislative and executive branch responses to the pandemic, with Monday's opening of indoor restaurant dining and nail salons and an increase in permissible office capacity marking another major step. The virus remains present at levels that would have been alarming earlier in the pandemic, but there's a belief now among many that compliance with distancing, mask-wearing and hygiene recommendations are sufficient to control the virus until a treatment or vaccine is available, even in an environment where people are becoming more and more mobile.

"We're not going to be caught by surprise in the fall," Gov. Charlie Baker said Friday, recounting efforts to address problems with virus preparedness that were exposed when the virus began spreading in March.

As restaurants try to rebound, a relief bill approved by the House (H 4767) sits in the Senate. And the management of the MBTA, a critical agency for recovery efforts, remains a question mark with the five-year-old control board that now runs the transit agency set to lapse on July 1 and the House and Senate still so far in disagreement on a successor board. Lawmakers are also up against another month-end deadline to extend laws governing simulcast wagering.

There's a little more time, but not much, for lawmakers to finish their work on a voting reform bill, legislation targeting police misconduct and a bill designed to help the state better confront viruses spread by mosquitoes.

A six-member conference committee co-chaired by Rep. John Lawn and Sen. Barry Finegold was named Thursday to forge a consensus approach to expanded early voting and mail-in voting for the Sept. 1 primaries and the Nov. 3 general election. They'll need to reach a quick agreement since the candidates for the ballot are set, and once ballot questions are finalized around the Fourth of July, the secretary of state will aim to start shipping ballots out to overseas voters.

The policing bill, a direct response to widespread outrage over violence by law enforcement against Black Americans, has a longer journey, but there's widespread agreement that the goal is to pass a bill sometime in July. The first stop for Gov. Charlie Baker's bill (H 4794) is a committee co-chaired by Sen. Michael Moore, a former environmental police officer, and Rep. Harold Naughton, an attorney and Massachusetts Army National Guard member.

As lawmakers look for consensus on that issue, the Senate next Thursday plans to advance a health care reform bill (S 612) that tackles telehealth and scope of practice issues that have been highlighted during the pandemic. The House is also in receipt of a Senate bill (S 2757) to bulk up preparedness for the spread of West Nile Virus and Eastern equine encephalitis by mosquitoes.

"Many cities and towns have not joined a mosquito control project," Baker wrote in April, before the Senate passed a bill based on the one the governor filed. "In these parts of the Commonwealth, there is no entity -- state, regional or local -- that can engage in mosquito control. While a town by town approach does allow for maximum local input into mosquito control, unfortunately mosquitos and viruses do not respect borders."

-- THE BUDGET:  Gov. Charlie Baker on Friday filed a $5.25 billion interim budget to keep state spending flowing during July while work begins on a fiscal 2021 budget. The Legislature is likely to pass the interim budget quickly.

The House Ways and Means Committee has until July 1 to make its fiscal 2021 budget recommendation, which will be the first look at where lawmakers plan to cut spending, exact savings, or raise revenues to address the projected sharp decline in tax collections due to record unemployment and the recession caused by COVID-19 business shutdowns and related impacts.

State Treasurer Deb Goldberg has short-term borrowing options to address cash flow needs, if necessary, but so far has not needed to exercise that option, according to the Treasury, although it's unclear whether borrowing will be needed to make an end-of-June local aid payment to cities and towns.

Legislative leaders haven't signaled when they plan to put a full fiscal 2021 budget before the House or Senate, but it seems likely that budget talks will stretch beyond the scheduled July 31 end of formal legislative sessions. With each passing day, Baker and lawmakers get a better understanding of the depth of the fiscal problems and the pace of economic recovery, but state lawmakers nationwide are still unsure about new sources of state and local government aid from the federal government, which officials in the states that were hardest hit by the pandemic say is essential to helping those states to fuel the nation's recovery. - Michael P. Norton

-- BIG SCHOOL REOPENING DECISIONS:  With most students now on summer vacation, the wait is on to find out what exactly K-12 and higher education officials plan for the fall. At the college level, private institutions have begun announcing their decisions -- in the Boston area, MIT plans to only bring back some undergraduates, with "everything that can be taught effectively online" taught online, while Boston University is giving its students a choice of in-person or remote learning.

On the public side, the nine state university campuses, which serve more than 52,000 students each year, announced Thursday that they plan to bring students back to campus in the fall, operating on a "blended model" of both face-to-face and remote coursework. At the University of Massachusetts system, which has more than 74,000 students, each campus will be releasing its own plan for the fall semester.

As students and families wait for colleges and universities to make their calls, they're faced with their own decisions about budgeting, living situations, work plans and educational pathways in the months ahead.

Many schools that transitioned into remote learning in the spring offered prorated refunds for room and board charges, and the public-health decisions they make about populating campuses for the fall semester will also affect their bottom lines. Some colleges were already grappling with precarious finances before the pandemic hit, and under a 2019 law, a new annual screening process at the Department of Higher Education will seek to identify schools at risk of closing.

On the K-12 side, educators, parents and other interested parties, including Attorney General Maura Healey, have their eye on the Department of Elementary and Secondary Education, where Commissioner Jeff Riley is expected to soon issue initial fall guidance. In late May, Riley said the department was "working to have schools up and running in the fall, with appropriate safety protocols" and that he hoped to put out draft fall guidance in mid-June.

Guidelines on required safety supplies, which the department distributed June 5, pegged the timeline for a release of fall information as "the coming weeks." The Massachusetts Teachers Association wants the reopening guidelines to feature, among other elements, an elimination of MCAS testing, and Healey on Friday said DESE's guidance should "provide clear information about how to address the inequities that exist while also protecting public health." "For example, we need to know more about whether specific student ratios make sense, and how the ratios have been developed," she said. "Having a diverse set of perspectives involved now will ensure better decisions and better outcomes for our students and their families." - Katie Lannan


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