Post Office Box 1147    Marblehead, Massachusetts 01945    (781) 639-9709
“Every Tax is a Pay Cut ... A Tax Cut is a Pay Raise”

46 years as “The Voice of Massachusetts Taxpayers”
and their Institutional Memory


Help save yourself join CLT today!


CLT introduction  and membership  application

What CLT saves you from the auto excise tax alone

Make a contribution to support CLT's work by clicking the button above

Ask your friends to join too

Visit CLT on Facebook

Barbara Anderson's Great Moments

Follow CLT on Twitter

CLT UPDATE
Sunday, July 5, 2020

The Week of Independence Day


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

Massachusetts will move into the third phase of its gradual plan to revive public activity in most of the state on Monday, allowing gyms, museums, movie theaters and more to resume some operations even as COVID cases surge in other parts of the country....

Citing positive trends in public health data, Gov. Charlie Baker said Thursday that he is confident the state can loosen restrictions without prompting an infection rebound because bars and nightclubs will remain closed and because residents and businesses continue to abide by safety precautions....

Phase 3 will consist of two smaller steps, though administration officials have not yet announced when the second portion will start. The loosened restrictions in the first step will take effect in Boston on July 13, one week after every other community in Massachusetts.

Under the first step, movie theaters, museums, fitness centers and some indoor recreation facilities that have all been closed since mid-March will be allowed to reopen so long as they follow industry-specific protocols....

Phase 3 will last longer than the other phases, and Baker reiterated Thursday that the fourth and final section will not begin until treatment or a vaccine for COVID-19 is available....

Business groups reacted to the announcement with mixed feelings, with the National Federation of Independent Business of Massachusetts saying the good news comes amid "many shops and restaurants closing their doors permanently."

The right-leaning Massachusetts Fiscal Alliance, which has been one of Baker's most vocal critics during the state of emergency, said the next stage of reopening "is the best gift Massachusetts taxpayers can give our country on its Birthday."

"With over 100 days being locked down, and Phase 3 beginning on Monday, the Governor is finally putting his faith in the people of Massachusetts to make the best decisions for themselves," MFA spokesman Paul Craney said in a press release. "Every day that goes by, it's clearer that this lockdown is yesterday's news and it should never happen again."

State House News Service
Tuesday, July 2, 2020
Mass. Barrels Ahead With Next Phase of Reopening
Vigilance Urged as Gyms, Museums, Theaters Set to Reopen


It turns out no matter how they choose to cast their ballot, voters will only have to render a verdict on two initiative petitions -- whether to allow ranked-choice voting and if independent auto mechanics should have all-access passes to a car's digital data. Cumberland Farms last Friday night said it was dropping its push to allow more food stores to sell beer and wine, and this week organizers behind a ballot initiative to force more spending on nursing homes abandoned their initiative.

While Cumberland Farms blamed the pandemic and the need it created for the company to focus on the health and safety of its workers, climate activists this week made a hard sell for why policymakers should not let the response to COVID-19 become all-consuming....

The rapidly closing window for legislative action this session was noted by more than just climate advocates.

Thirty-seven House progressives wrote to Senate President Karen Spilka urging her to let the Senate vote on the House's tax bill to raise money to improve the state's transportation system. The liberal Democrats said Spilka's reluctance to put that bill on the floor or offer an alternative was not just depriving public transit of needed funding, but undercutting any case progressives might try to make for raising additional tax money to stave off budget cuts due to the pandemic.

The full impact from the coronavirus on the state budget is still a major question mark, and the new fiscal year - FY 2021 - began on Wednesday without even the whisper of a spending plan forthcoming from the Legislature.

Treasurer Deborah Goldberg tapped into a line of credit for $500 million to make sure the state has enough cash on hand to continue covering its expenses as another month of local aid payments went out the door and budget writers waited for uncertain federal relief and the postponed July 15 tax filing deadline to arrive.

In the meantime, the House and Senate sent Gov. Baker legislation to extend the MBTA's Fiscal and Management Control Board for another year and to authorize $200 million in borrowing for local road repairs....

The Senate also passed a $1.1 billion COVID-19 relief bill and $1.7 billion bond bill for information technology upgrades, including funding to support schools with remote learning.

Final versions of those bills must now be negotiated with the House.

State House News Service
Friday, July 3, 2020
Weekly Roundup - Independent, But Not (Virus) Free


Beacon Hill lawmakers have finalized a bill expanding voting access during this year's elections and are working toward agreements on a major information technology spending bill and outlays to address COVID-19 response efforts. But with four weeks left until formal sessions are scheduled to end for 2020, the overdue fiscal 2021 budget hasn't even begun to take shape, nor has a promised bill dealing with policing reforms and social justice.

There are also big questions about whether Democrats can agree on major transportation, health care and climate change bills that had appeared destined for passage this year before the COVID-19 pandemic struck in mid-March. As the Pew Charitable Trusts put it this week, the wide-ranging agendas offered in states earlier this year based on economic stability "are now in a deep freeze, overtaken by the COVID-19 pandemic and ensuing state fiscal and economic collapse."

State House News Service
Friday, July 3, 2020
Advances - Week of July 5, 2020


In a wide-ranging interview on the CommonWealth Codcast, Senate President Karen Spilka kept returning to the theme of substance over process when it comes to legislation dealing with the state’s many pressing needs.

She applauded the House, Senate, and governor’s office for working collaboratively on a budget for the coming fiscal year rather than following the traditional path of each branch of government doing their own spending plan.

“Unprecedented times require unprecedented solutions,” she said. “We need to work together for the people of Massachusetts.” ...

She says the Senate will pass an $18 billion transportation bond bill by the end of July but offered no assurances on whether the Senate will act on a transportation revenue package passed pre-COVID by the House. “We shouldn’t be taking votes just because another branch has taken a vote. We need to look at all the facts and circumstances before us,” she said. “It’s more than an easy yes or no answer. But no decision has been made yet.” ...

Spilka, who is an attorney, didn’t want to weigh in on the debate about whether the governor is on solid legal ground in relying on the 1950 Civil Defense Act for the legal authority to issue all of his COVID-19 emergency orders.

CommonWealth Magazine
Monday, June 29, 2020
Spilka makes case for substance over process


Prominent environmental organizations and activists have spent recent months seeking to shoehorn talk of climate change into discussions about current events. The Washington Post, for example, published a June 29 article trying to make a connection between race relations and climate change. On June 30 Al Gore had an op-ed in the Wall Street Journal arguing that the aftermath of the current downturn is an opportune time for environmentalists to advance their agenda.

Yet all of this talk and rhetoric from activists follows recent action in numerous state capitals featuring bipartisan opposition to progressive proposals to impose Green New Deal-style emissions caps and carbon pricing. The crux of the recent pushback against two regional cap and trade proposals is not due to any bugs, but rather the plans’ feature, which is that they’re designed to inflate the cost of energy in some of the most populous states in the country, and at a time when many households and employers can ill-afford the added cost....

TCI [Transportation Climate Initiative], whose push has been led by Massachusetts Governor Charlie Baker’s administration, has run into possibly deal-breaking resistance since more details about the plan were released last December. That resistance started with New Hampshire Governor Chris Sununu’s immediate announcement that he would not subject his constituents to TCI and the inflationary impact it would have on gas prices....

Other blue state governors and lawmakers have since followed Governor Sununu in either rejecting or refusing to support TCI. The cold reception for this new cap and trade scheme has prompted Governor Baker’s team to consider back up plans, such as trying to link up with California or Canada as part of a non-contiguous regional cap & trade scheme....

While even Democrats and progressives in northeastern and New England states are rejecting energy cost-increasing cap and trade schemes and carbon taxes in the middle of a recession, others are instead claiming that low oil prices are an excuse to raise state gas taxes, or to impose a carbon tax that will drive up the price of gas.

“Imposing a carbon tax that would generate revenue sufficient to pay for the pandemic relief bill while energy prices are historically low would constitute a profound act of governing,” writes Ike Brannon, a senior fellow at the Jack Kemp Foundation.

“Low global oil prices provide an opportunity to increase carbon taxes without hurting consumers,” the United Kingdom’s state-appointed climate commission wrote in a recent letter to Prime Minister Boris Johnson, echoing Brannon....

Carbon tax supporters like to talk about building “momentum,” despite a lack of legislative or electoral victories. Meanwhile the cap & trade schemes currently pending on the east coast, which have the same emissions-reducing goals and energy cost-inflating effect as a carbon tax, are running into bipartisan resistance. Amid a recession that has lowered tolerance for tax hikes, particularly regressive levies like a carbon tax, don’t expect carbon tax or cap & trade supporters to get anything passed in 2020.

Forbes Magazine
Thursday, July 1, 2020
Pushback Against Two Cap & Trade Programs
Follows Electoral Rejection Of Carbon Taxes


The COVID-19 pandemic has created a host of problems for public education in Massachusetts, the weathering of which will require flexibility, compromise, and a recognition that we are all in this together. And indeed, across the Commonwealth, thousands of students, teachers, and parents have risen to the occasion, adjusting to the unprecedented new demands the outbreak has created for all of us.

Unfortunately, that spirit is not what we’re currently seeing from the heads of the Massachusetts Teachers Association, the state’s largest teachers union. Instead, the union leadership has issued a long list of directives it says should be preconditions if teachers are to return to school in the fall.

MTA President Merrie Najimy maintains the union is simply supporting its local affiliates with their school-reopening negotiations, but if MTA teachers refuse to return to work until those demands are met, that would be a havoc-creating standoff akin to a teachers strike.

So let’s look at what the MTA wants. One demand: An assurance that public schools will be safe for educators, students, and families, with special consideration for teachers and students with compromised immune systems. That’s certainly an appropriate pandemic concern.

But not this directive/demand: the permanent elimination of the Massachusetts Comprehensive Assessment System exams....

Still, the MTA remains intractably opposed to the test. The union has many reasons for its opposition to the MCAS, but one unstated reason certainly is the school accountability it has helped bring about. Indeed, it’s not just individual students who are assessed with the MCAS. Schools whose students chronically underperform on the exams can be subject to state interventions, which may include altering union contracts as deemed necessary to improve education....

So why does nixing the MCAS qualify as a pandemic concern?

“You have to think about the impact of the pandemic on learning at this moment,” says Najimy, asserting that the need for social distancing will render it impossible to cover the curriculum the MCAS tests in the next school year. That remains to be seen, but: Why should those short-term concerns prompt a permanent elimination of the test? The MTA president maintains that MCAS “just measures socioeconomics and race” and that ending it is necessary to rid the schools of structural racism.

Those are weak and unconvincing arguments....

Let’s call this MTA demand what it is: a transparent effort to use the pandemic to achieve a self-interested goal the union hasn’t otherwise been able to accomplish....

As policy makers and stakeholders grapple with these very difficult times, the MTA leadership needs to recognize that a once-in-a-century pandemic calls for compromise and cooperation — not line-in-the-sand demands.

The Boston Globe
Sunday, June 28, 2020
A Boston Globe editorial
The Massachusetts Teachers Association tries to exploit a crisis


Who needs a budget to have a budget battle?

Raise Up Massachusetts sure doesn’t want to wait.

The coalition of labor and community groups just sent a letter to the state Senate calling for new corporate and investment taxes. The goal: to provide enough money for crucial social services in the new fiscal year that began Wednesday....

No one knows how bad the budget will be in the new fiscal year. But everyone agrees it won’t be pretty. The business-backed Massachusetts Taxpayers Foundation estimates the revenue shortfall could be as much as $6 billion — nearly 20 percent less than what state leaders initially expected.

Raise Up offers up one set of solutions in its new letter — changes that are sure to get pushback from the business community. Increase the state corporate tax back up to 9.5 percent, where it sat before 2009, from the current level of 8 percent. Significantly increase a state tax on overseas profits (nicknamed “GILTI”). And raise the tax rate for “unearned income,” aka investment income from capital gains and dividends.

No budget? No problem. Raise Up suggests the Senate tack these changes on to a transportation financing bill that the House sent over in March. That bill already includes increases in the gas tax, Uber and Lyft fees, and the minimum corporate tax. (Raise Up’s progressive allies in the House also just sent a letter to the Senate, urging it to take up the House transportation bill because of the budget crisis.)

Raise Up spokesman Steve Crawford knows these tax increases likely won’t solve all of the state’s fiscal problems; the corporate tax increase might provide the biggest infusion of the three proposals, at $450 million to $525 million a year. But it’s important, he said, to start now....

Legislators here face a deadline of July 31 to adjourn from formal sessions for the year. In election years like this one, all significant bills are supposed to be done by then. While not impossible, getting the budget done in time for that deadline seems highly unlikely at this point. Now rumors are circulating of a possible special session this fall — maybe after the elections — to clean up the budget mess....

Not only are state leaders waiting on Washington, [Senator Adam Hinds, cochairman of the revenue committee] said; they also need to see the results of a three-month delay in state income tax collections, since the big April 15 tax day cutoff fell during the pandemic. The new filing deadline is July 15, so any answer on that front might not be public until early August.

And Hinds said his colleagues also want to see what kind of bump in tax collections is produced by the recent resumption of business from the spring shutdowns, particularly from the hard-hit retail and hospitality sectors.

Answering these questions will also help lawmakers decide how much should be drawn from the deep well that is the state’s $3.5 billion rainy day fund.

Sooner or later, lawmakers will need to address some of these revenue questions. But Hinds said he would prefer that this tough debate only happens once. The timing is not yet right, he said, not with so much still up in the air.

The Boston Globe
Wednesday, July 1, 2020
Labor-backed group pushes Beacon Hill for new corporate taxes


If elected to Congress, Jesse Mermell would like to implement plans that increase spending.

But when she had the opportunity to pay more in taxes at the state level over the past several years, the Brookline resident and Democrat who is running to represent Massachusetts’s Fourth Congressional District chose not to, according to her tax returns.

Mermell is running to replace U.S. Representative Joseph P. Kennedy III (D-Newton), who is primarying U.S. Senator Ed Markey in state’s U.S. Senate race.

Mermell released five years of her tax returns on June 18, covering 2014 to 2018. The returns revealed that she made more than six figures each year and paid the standard state income tax rate — which was 5.2 percent in 2014, 5.15 percent in 2015, 5.1 percent in 2016, 2017, and 2018.

But she could have paid more. Since state legislators approved it in 2002, Massachusetts taxpayers have had the option of checking a box and paying a higher income tax rate than required — 5.85 percent. The extra money gives legislators more to work with.

The New Boston Post
Monday, June 29, 2020
Pro-Spending Democrat Seeking Joe Kennedy III’s Seat
Opted Not To Pay Optional Higher Taxes


Chip Ford's CLT Commentary

One of my pet peeves arises this time every year when I hear people talking of "The 4th of July."  They refer to America's Independence Day at least I hope they know enough to, but with the abysmal ignorance demonstrated by so many among recent generations of indoctrinated high school and college grads all bets are off.  Many seem to interchange the two at best.  Nobody would think to say "Merry 25th of December" or "Happy 1st of January" the dates on which Christmas Day and New Year's Day fall every year.  We should never forget the meaning of the date.


The State House News Service reported on Tuesday ("Mass. Barrels Ahead With Next Phase of Reopening"):

Massachusetts will move into the third phase of its gradual plan to revive public activity in most of the state on Monday, allowing gyms, museums, movie theaters and more to resume some operations even as COVID cases surge in other parts of the country....

Citing positive trends in public health data, Gov. Charlie Baker said Thursday that he is confident the state can loosen restrictions without prompting an infection rebound because bars and nightclubs will remain closed and because residents and businesses continue to abide by safety precautions....

Phase 3 will consist of two smaller steps, though administration officials have not yet announced when the second portion will start. The loosened restrictions in the first step will take effect in Boston on July 13, one week after every other community in Massachusetts.

Under the first step, movie theaters, museums, fitness centers and some indoor recreation facilities that have all been closed since mid-March will be allowed to reopen so long as they follow industry-specific protocols....

Phase 3 will last longer than the other phases, and Baker reiterated Thursday that the fourth and final section will not begin until treatment or a vaccine for COVID-19 is available....

In last Sunday's CLT Update ("Latest Scheme to Kill Proposition 2˝") I included a report by The Committee to Unleash Prosperity ("The Blue State Depression").  In part it stated:

Ten states had unemployment rates in May above 15 percent.  They are all states with Democratic governors, with the exception of Deep Blue Massachusetts with its liberal Republican governor Charlie Baker.  . . .  This is not a coronavirus recession.  It is a blue state lockdown recession.  Democrats say they have shut down their economies for health reasons, but these are also the states that generally have had the highest death rates and the highest nursing home fatalities.

Charlie Baker asserted that Phase 3 will last longer than the other phases, and the fourth and final phase-in will not begin until treatment or a vaccine for COVID-19 is available.

Remember just a few months ago when the entire private-sector economy had to be shut down — we were assured — to "flatten the curve" and prevent hospitals from being overwhelmed with Wuhan Chinese Pandemic victims?  When did the destructive lockdown expand to "until treatment or a vaccine for COVID-19 is available"?  It's similar to how politicians treat "temporary" tax hikes — hoping we're either forgetful, stupid, apathetic, or impotent.  Will power-hungry governors ever relinquish their hijacked authority, without pushback from their captive "subjects"?

In 1787, at the conclusion of the constitutional convention held in Philadelphia's Independence Hall, as Benjamin Franklin was departing Mrs. Powel outside asked him, "Well, Doctor, what have we got, a republic or a monarchy?"

Without hesitation Franklin responded, "A republic, madam, if you can keep it."

On Independence Day 2020 I pray we can.


Forbes Magazine reported on Thursday ("Pushback Against Two Cap & Trade Programs Follows Electoral Rejection Of Carbon Taxes" by Patrick Gleason):

TCI [Transportation Climate Initiative], whose push has been led by Massachusetts Governor Charlie Baker’s administration, has run into possibly deal-breaking resistance since more details about the plan were released last December.  That resistance started with New Hampshire Governor Chris Sununu’s immediate announcement that he would not subject his constituents to TCI and the inflationary impact it would have on gas prices....

Other blue state governors and lawmakers have since followed Governor Sununu in either rejecting or refusing to support TCI.  The cold reception for this new cap and trade scheme has prompted Governor Baker’s team to consider back up plans, such as trying to link up with California or Canada as part of a non-contiguous regional cap & trade scheme....

While even Democrats and progressives in northeastern and New England states are rejecting energy cost-increasing cap and trade schemes and carbon taxes in the middle of a recession, others are instead claiming that low oil prices are an excuse to raise state gas taxes, or to impose a carbon tax that will drive up the price of gas.

In its Weekly Roundup the State House News Service reported on Friday:

Thirty-seven House progressives wrote to Senate President Karen Spilka urging her to let the Senate vote on the House's tax bill to raise money to improve the state's transportation system.  The liberal Democrats said Spilka's reluctance to put that bill on the floor or offer an alternative was not just depriving public transit of needed funding, but undercutting any case progressives might try to make for raising additional tax money to stave off budget cuts due to the pandemic.

The state Senate did pass "a $1.1 billion COVID-19 relief bill and $1.7 billion bond bill for information technology upgrades, including funding to support schools with remote learning." It now must be negotiated with the House.

The News Service further noted in its Advances for next week:

There are also big questions about whether Democrats can agree on major transportation, health care and climate change bills that had appeared destined for passage this year before the COVID-19 pandemic struck in mid-March.  As the Pew Charitable Trusts put it this week, the wide-ranging agendas offered in states earlier this year based on economic stability "are now in a deep freeze, overtaken by the COVID-19 pandemic and ensuing state fiscal and economic collapse."

Remember, His Royal Majesty Charles Baker has asserted that he doesn't need approval by the Legislature or anyone else to impose his Transportation Climate Initiative (TCI).


Last Sunday The Boston Globe published an editorial I never thought I'd ever read in The Globe, or they'd ever dare write:  "The Massachusetts Teachers Association tries to exploit a crisis."

[T]he MTA remains intractably opposed to the test.  The union has many reasons for its opposition to the MCAS, but one unstated reason certainly is the school accountability it has helped bring about.  Indeed, it’s not just individual students who are assessed with the MCAS.  Schools whose students chronically underperform on the exams can be subject to state interventions, which may include altering union contracts as deemed necessary to improve education.

So why does nixing the MCAS qualify as a pandemic concern?

“You have to think about the impact of the pandemic on learning at this moment,” says Najimy, asserting that the need for social distancing will render it impossible to cover the curriculum the MCAS tests in the next school year.  That remains to be seen, but:  Why should those short-term concerns prompt a permanent elimination of the test?  The MTA president maintains that MCAS “just measures socioeconomics and race” and that ending it is necessary to rid the schools of structural racism.

Those are weak and unconvincing arguments. . . .

Let’s call this MTA demand what it is:  a transparent effort to use the pandemic to achieve a self-interested goal the union hasn’t otherwise been able to accomplish. . . .

As policy makers and stakeholders grapple with these very difficult times, the MTA leadership needs to recognize that a once-in-a-century pandemic calls for compromise and cooperation — not line-in-the-sand demands.


Back to more of what is expected from The Globe, it reported on Wednesday ("Labor-backed group pushes Beacon Hill for new corporate taxes"):

Who needs a budget to have a budget battle?

Raise Up Massachusetts sure doesn’t want to wait.

The coalition of labor and community groups just sent a letter to the state Senate calling for new corporate and investment taxes.  The goal: to provide enough money for crucial social services in the new fiscal year that began Wednesday....

No budget?  No problem.  Raise Up suggests the Senate tack these changes on to a transportation financing bill that the House sent over in March.  That bill already includes increases in the gas tax, Uber and Lyft fees, and the minimum corporate tax.  (Raise Up’s progressive allies in the House also just sent a letter to the Senate, urging it to take up the House transportation bill because of the budget crisis.)

Raise Up spokesman Steve Crawford knows these tax increases likely won’t solve all of the state’s fiscal problems; the corporate tax increase might provide the biggest infusion of the three proposals, at $450 million to $525 million a year.  But it’s important, he said, to start now....

Raise Up Massachusetts; RUM.  Rum is the preferred beverage of pirates while plundering and pillaging.  It seems an appropriate acronym for The Takers.


The New Boston Post on Monday reported ("Pro-Spending Democrat Seeking Joe Kennedy III’s Seat; Opted Not To Pay Optional Higher Taxes"):

If elected to Congress, Jesse Mermell would like to implement plans that increase spending.

But when she had the opportunity to pay more in taxes at the state level over the past several years, the Brookline resident and Democrat who is running to represent Massachusetts’s Fourth Congressional District chose not to, according to her tax returns.

Mermell is running to replace U.S. Representative Joseph P. Kennedy III (D-Newton), who is primarying U.S. Senator Ed Markey in state’s U.S. Senate race.

Mermell released five years of her tax returns on June 18, covering 2014 to 2018.  The returns revealed that she made more than six figures each year and paid the standard state income tax rate — which was 5.2 percent in 2014, 5.15 percent in 2015, 5.1 percent in 2016, 2017, and 2018.

But she could have paid more.  Since state legislators approved it in 2002, Massachusetts taxpayers have had the option of checking a box and paying a higher income tax rate than required — 5.85 percent.  The extra money gives legislators more to work with.

I contacted New Boston Post editor Matt McDonald, provided him with the genesis of "the option of checking a box and paying a higher income tax rate than required."  That would be CLT's Voluntary Income Tax Check-Off.  He wants to follow up on this history with me in the days ahead:

CLT's Voluntary Income Tax Check-Off
Its history and timeline

I hope, despite the continuing lockdown and confiscation of our constitutionally-enshrined freedoms, that you nonetheless enjoyed and celebrated America's Independence Day.  If we fail to remember what we celebrate every July 4th we may well lose what the American Revolution and those who pledged their "lives, fortunes, and sacred honor" endowed upon us.

Chip Ford
Executive Director


Full News Reports Follow
(excerpted above)

State House News Service
Tuesday, July 2, 2020
Mass. Barrels Ahead With Next Phase of Reopening
Vigilance Urged as Gyms, Museums, Theaters Set to Reopen
By Chris Lisinski


Massachusetts will move into the third phase of its gradual plan to revive public activity in most of the state on Monday, allowing gyms, museums, movie theaters and more to resume some operations even as COVID cases surge in other parts of the country.

The Baker administration's decision shifts Massachusetts toward the leading edge of states on the path to reopening, pushing forward despite peers pumping the brakes on their own progress due to concerns about massive outbreaks in the south and west.

Citing positive trends in public health data, Gov. Charlie Baker said Thursday that he is confident the state can loosen restrictions without prompting an infection rebound because bars and nightclubs will remain closed and because residents and businesses continue to abide by safety precautions.

"The success is due in no small part to the vigilance and dedication that has been shown by the people of Massachusetts, but we should not and cannot slow down or step back now," Baker said. "We know that COVID-19 won't be taking any time off this summer, and we need to maintain vigilance if we wish to continue to move forward."

Phase 3 will consist of two smaller steps, though administration officials have not yet announced when the second portion will start. The loosened restrictions in the first step will take effect in Boston on July 13, one week after every other community in Massachusetts.

Under the first step, movie theaters, museums, fitness centers and some indoor recreation facilities that have all been closed since mid-March will be allowed to reopen so long as they follow industry-specific protocols.

Most will face capacity limits and mandatory cleaning requirements. Indoor and outdoor events such as weddings or parties will not be allowed to open bars or dance floors.

"Going to the gym may not look the same the way it did before the pandemic, but we hope these new protocols will allow more residents to return to exercise and fitness and get back into those routines that they were accustomed to," Lt. Gov. Karyn Polito said at a press conference alongside Baker and other cabinet officials.

The administration will also update restrictions on gatherings to allow more people to congregate, starting Monday statewide and July 13 in Boston.

Indoor gatherings will be capped at eight people per 1,000 square feet with a maximum of 25, while outdoor enclosed gatherings will be limited to 25 percent of permitted capacity with a maximum of 100. Caps do not apply to unenclosed outdoor events, such as backyard parties or park visits.

Baker said the next step along the path toward the new normal will bring back "some bigger players that will certainly draw more people into indoor settings," where public health experts say the risk of COVID transmission is far greater than outdoors. That underlines the importance of individual caution, he said.

Phase 3 will last longer than the other phases, and Baker reiterated Thursday that the fourth and final section will not begin until treatment or a vaccine for COVID-19 is available.

Professional sports teams will be permitted to host games without spectators in Massachusetts as part of Phase 3, though Baker said he is "not prepared to sign off" on any plans to bring fans back.

Health care providers will also face a changed landscape in the next phase. Some group treatment programs and day programs that had not been allowed for months can resume, such as community-based day services for adults with intellectual and cognitive disabilities and substance abuse services.

MassHealth telehealth service will continue through the end of 2020, Health and Human Services Secretary Marylou Sudders said Thursday, and the administration continues to encourage remote medical appointments "whenever feasible."

State officials will also update visitation guidelines for the next step in the reopening plan. Starting Monday, 24/7 congregate care programs will need to follow less strict distancing requirements, while long-term care facilities including nursing homes and assisted living residences can start allowing minimum visits of 30 minutes rather than 10 minutes.

"We know that some of the measures that were put into place to keep residents safe, including restricting visitations, have been incredibly difficult on family members and friends who wanted to visit loved ones," Sudders said. "I'm certain that this is welcome news ahead of the holiday weekend."

Baker, who said he had received "heartbreaking" letters from residents who could not visit their family in long-term care facilities, said he planned to visit his father in such a home during the holiday weekend.

The governor had initially said he wanted to track two weeks of data from indoor dining before deciding when to start the next phase, but Thursday's announcement comes only 10 days after dine-in restaurant service resumed.

Asked if he had enough of a sense of indoor dining's impact, Baker said the "overwhelming response we've gotten from the folks we've talked to is that people are abiding by the rules."

State leaders are moving forward with confidence, buoyed by a massive drop in the average positive test rate to near or below 2 percent and a decline in the number of hospitalized COVID patients 79 percent below the mid-April surge period. Those indicators come alongside a death toll above 8,000.

Elsewhere in the United States, though, the virus is reaching new heights. Driven by rapidly growing outbreaks in Florida, Texas, Arizona and other southern and western states, the country has observed a higher average of new daily cases over the past week-plus than ever before, even as deaths continue to slowly decelerate.

"We find ourselves in an important place in time as a Commonwealth as we start to see what a new normal will look like, even while other states are sadly struggling to bring the virus under control," Housing and Economic Development Secretary Mike Kennealy said at Thursday's press conference.

Most northeast states, which were home to devastating outbreaks in the spring, are on positive trends similar to that in Massachusetts. In some, leaders have responded to the worsening national infection numbers by slowing some reopening progress.

New Jersey Gov. Phil Murphy said this week he would pause plans to resume indoor dining due to concerns about the rest of the country, though on Thursday he increased allowable capacity for indoor gatherings to a maximum of 100 and for outdoor gatherings to a maximum of 500, both far above what Baker will allow.

Baker told reporters his administration's plan has undergone rigorous review from medical experts, and he said he does not think Massachusetts will experience a similar surge as other states because of how the reopening is structured and because residents have remained committed to precautions.

Bars and nightclubs will not open until Phase 4, which Baker described as a key step to ensure safety.

"The primary driver of much of the significant increase in positive tests in a number of states has been the reopening of bars and nightclubs," Baker said. "Obviously bars and nightclubs are sitting in Phase 4 under our guidance, and there was a reason for that: as difficult as it is for the people who operate and work in those institutions, we could not figure out a way to do that safely."

Business groups reacted to the announcement with mixed feelings, with the National Federation of Independent Business of Massachusetts saying the good news comes amid "many shops and restaurants closing their doors permanently."

The right-leaning Massachusetts Fiscal Alliance, which has been one of Baker's most vocal critics during the state of emergency, said the next stage of reopening "is the best gift Massachusetts taxpayers can give our country on its Birthday."

"With over 100 days being locked down, and Phase 3 beginning on Monday, the Governor is finally putting his faith in the people of Massachusetts to make the best decisions for themselves," MFA spokesman Paul Craney said in a press release. "Every day that goes by, it's clearer that this lockdown is yesterday's news and it should never happen again."


State House News Service
Friday, July 3, 2020
Weekly Roundup - Independent, But Not (Virus) Free
Recap and analysis of the week in state government
By Matt Murphy


The Fourth of July will not be quite the same this year, with the Boston Pops pushed off the Hatch Shell stage and online like many other aspects of pandemic life.

The fireworks will not be exploding over the Charles River. And there will be no pre-dawn rush to lay down a blanket and claim a space on the Esplanade.

But given how the past few months have gone, rest assured there is likely to be a Roman Candle or two brightening the night sky on Saturday, regardless of warnings from public officials like Boston Mayor Marty Walsh to keep the fuses unlit.

Bay State residents are increasingly trying to make the best of summer, with Cape Cod leaders reporting spikes in traffic over the bridges, and beaches and hiking trails luring social-distanced sunbathers and outdoor entertainment seekers in record numbers. Gov. Charlie Baker did his part for the tourism industry early in the week by easing up on the state's travel guidance.

In light of successes in controlling the spread of coronavirus within their own borders, Baker said anyone coming from any of the other five New England states or New York or New Jersey would no longer be asked to self-quarantine for 14 days.

"It's our hope that many folks will still be able to visit their favorite places in our great state," Baker said.

Massachusetts continues to see positive trends in its fight against COVID-19, including the first day in a long time this week when no new deaths from the virus were reported by the Department of Public Health. So even as New York City Mayor Bill DeBlasio and New Jersey Gov. Phil Murphy took a look at the infection surges in states like Florida and pulled back on their plans for indoor dining, Baker plowed ahead with his own phased reopening.

The governor announced Thursday that Phase 3, including the reopening of gyms, movie theaters, museums, casinos and professional sports, would begin on Monday. The state also revised its gathering-size limits to permit up to 25 people indoors and up to 100 outdoors.

Still, the governor said the progress the state has made in reopening should not be mistaken for a license to go back to life as it was known before March.

"I can't repeat this enough -- there's no victory lap here," the governor said during a press conference Wednesday. "There's no spiking the ball, there's no big celebration at home plate, there's none of that, OK."

Two people who are not waiting to see what phase they'll fit into are U.S. Sen. Edward Markey and U.S. Rep. Joseph Kennedy III. The 2020 election is very much on, and the two Democrats vying for a U.S. Senate seat are looking at a runway of eight weeks to the primary.

Markey said he will enter that stretch with $4.8 million to spend, followed closely behind by Kennedy's $4.7 million in the bank.

Not only were their bank accounts virtually identical in size, but Markey and Kennedy both reported raising $1.9 million in the second quarter, although Kennedy's campaign was quick to point out it suspended fundraising activities for over a month during the height of the outbreak.

Kennedy has also already spent $2.4 million on television advertising to reach self-quarantining voters over the past two months, while Markey has yet to go up on television.

To ensure that as many voters as possible feel comfortable voting in two months, House and Senate negotiators struck a deal this week to expand vote-by-mail and establish early voting before both the primary and general elections.

The bill on its way to Gov. Baker's desk directs Secretary of State William Galvin by July 15 to send every registered voter an application to request a mail-in ballot for the primary on Sept. 1.

It turns out no matter how they choose to cast their ballot, voters will only have to render a verdict on two initiative petitions -- whether to allow ranked-choice voting and if independent auto mechanics should have all-access passes to a car's digital data. Cumberland Farms last Friday night said it was dropping its push to allow more food stores to sell beer and wine, and this week organizers behind a ballot initiative to force more spending on nursing homes abandoned their initiative.

While Cumberland Farms blamed the pandemic and the need it created for the company to focus on the health and safety of its workers, climate activists this week made a hard sell for why policymakers should not let the response to COVID-19 become all-consuming.

Former Secretary of State John Kerry lent his voice to that cause on Wednesday, phoning in a Senate committee hearing to urge state legislators to get a bill to Gov. Charlie Baker's desk to address climate change before the end of the month.

"We're not getting the job done. When I say we, I mean collectively everybody -- parliaments, legislators, presidents, prime ministers," Kerry said.

The rapidly closing window for legislative action this session was noted by more than just climate advocates.

Thirty-seven House progressives wrote to Senate President Karen Spilka urging her to let the Senate vote on the House's tax bill to raise money to improve the state's transportation system. The liberal Democrats said Spilka's reluctance to put that bill on the floor or offer an alternative was not just depriving public transit of needed funding, but undercutting any case progressives might try to make for raising additional tax money to stave off budget cuts due to the pandemic.

The full impact from the coronavirus on the state budget is still a major question mark, and the new fiscal year - FY 2021 - began on Wednesday without even the whisper of a spending plan forthcoming from the Legislature.

Treasurer Deborah Goldberg tapped into a line of credit for $500 million to make sure the state has enough cash on hand to continue covering its expenses as another month of local aid payments went out the door and budget writers waited for uncertain federal relief and the postponed July 15 tax filing deadline to arrive.

In the meantime, the House and Senate sent Gov. Baker legislation to extend the MBTA's Fiscal and Management Control Board for another year and to authorize $200 million in borrowing for local road repairs.

Extensions are pretty much the default for the Legislature at this point, with lawmakers also agreeing to another year of horse racing and simulcast wagering at the tracks rather than figuring out a long-term licensing solution for what's left of the racing industry in Massachusetts.

The Senate also passed a $1.1 billion COVID-19 relief bill and $1.7 billion bond bill for information technology upgrades, including funding to support schools with remote learning.

Final versions of those bills must now be negotiated with the House.

STORY OF THE WEEK: Not without risk, another step toward normal as Gov. Baker greenlights Phase 3.


State House News Service
Friday, July 3, 2020
Advances - Week of July 5, 2020


Beacon Hill lawmakers have finalized a bill expanding voting access during this year's elections and are working toward agreements on a major information technology spending bill and outlays to address COVID-19 response efforts. But with four weeks left until formal sessions are scheduled to end for 2020, the overdue fiscal 2021 budget hasn't even begun to take shape, nor has a promised bill dealing with policing reforms and social justice.

There are also big questions about whether Democrats can agree on major transportation, health care and climate change bills that had appeared destined for passage this year before the COVID-19 pandemic struck in mid-March. As the Pew Charitable Trusts put it this week, the wide-ranging agendas offered in states earlier this year based on economic stability "are now in a deep freeze, overtaken by the COVID-19 pandemic and ensuing state fiscal and economic collapse."

Massachusetts has made great progress in slowing the spread of the deadly respiratory disease, which crippled the economy in the spring and has led to the confirmed deaths of roughly 8,000 people. Gyms, movie theaters and museums are free to open on Monday, except in Boston, with capacity and safety restrictions, and the Red Sox hope to play games without spectators later this month at Fenway Park. The expansion of reopenings here contrasts with backtracking in states like Florida, Texas and California where surges in COVID-19 cases have total U.S. cases rising nearly daily by record levels.

The virus is the major determining factor for near-term economic prospects, which will influence the eventual contours of a fiscal 2021 budget.

The state is starting the fiscal new year with a $5.25 billion interim budget in place to keep the government running in July and Gov. Charlie Baker's team says more interim budgets are possible. The House this week quietly brushed past the July 1 deadline it set for its House Ways and Means Committee to release a fiscal 2021 spending plan.

There's a more binding deadline approaching for scores of taxpayers who must file their 2019 state and federal returns by July 15, if they haven't already. State officials are waiting to see how delayed tax collections shake out after the filing deadline and whether Congress will come through with another state and local government aid package before agreeing on a fiscal 2021 spending plan. The Democrat-controlled U.S. House approved a $3 trillion aid bill that has stalled out in the Senate, and this week passed a $1.5 trillion infrastructure bill.

While state House and Senate leaders have talked about cooperating on a budget, getting one done from start to finish in July would be unprecedented. Legislative leaders have not outlined a plan to take up the budget later in the year and while they have recently pointed to July 31 as the deadline for major legislative activity, they haven't ruled out an extension.

Before breaking for the holiday, lawmakers sent Baker a bill extending for one year the MBTA Fiscal and Management Control Board and authorizing $200 million for the Chapter 90 local road and bridge program, which the governor promptly signed on Friday evening. Baker is also receiving a bill expanding early voting options and offering mail-in voting as an option for this year's primaries and general election.


CommonWealth Magazine
Monday, June 29, 2020
Spilka makes case for substance over process
By Bruce Mohl - Editor


In a wide-ranging interview on the CommonWealth Codcast, Senate President Karen Spilka kept returning to the theme of substance over process when it comes to legislation dealing with the state’s many pressing needs.

She applauded the House, Senate, and governor’s office for working collaboratively on a budget for the coming fiscal year rather than following the traditional path of each branch of government doing their own spending plan.

“Unprecedented times require unprecedented solutions,” she said. “We need to work together for the people of Massachusetts.”

She also used the same substance over process argument in talking about a feud between the House and Senate chairs of the Legislature’s Joint Committee on Health Care Financing that harkens back to a fairly bitter dispute between the two branches in 2015. The House chair of the committee is insisting all health care legislation should go through the panel, while the Senate chair, frustrated with the slow pace of law-making, is pulling bills filed by senators out of the committee and steering them to the Senate for action.

“Legislating is sausage making,” Spilka said. “We did change the rules, we believe, during that time period (2015-2016) so House bills would go to the House and Senate bills would go to the Senate. That way if the House wants to do their bill they’re welcome to it. And we believe if the Senate wants to do our bills we should have that same opportunity.”

The House approach is the more traditional one, but it gives the House greater leverage because its members tend to dominate joint committees. Spilka seems fine with trying something different.

“My feeling is we shouldn’t be focused so much on process,” she said. “We should be focused on substance, getting the work done for the people of Massachusetts. That is what’s so important. Getting good policy done, getting bills through.”

She noted a number of bills the Senate has passed – a “revolutionary” prescription drug bill, a mental health bill, and a telehealth bill, as well as climate change legislation – all have not passed the House yet.

She says the Senate will pass an $18 billion transportation bond bill by the end of July but offered no assurances on whether the Senate will act on a transportation revenue package passed pre-COVID by the House. “We shouldn’t be taking votes just because another branch has taken a vote. We need to look at all the facts and circumstances before us,” she said. “It’s more than an easy yes or no answer. But no decision has been made yet.”

One transportation issue she is solidly behind is toll equity. Commuters from west of Boston pay tolls to come in on the Massachusetts Turnpike and those from the north pay tolls to come in via the Tobin Bridge, but other communities don’t pay tolls. “If tolls are such a good way to pay for roads and bridges,” she said, “then it should be fairly and equitably done across the state.”

She is very worried about reconstruction of the I-90 Allston interchange, which could disrupt commutes for her constituents from Ashland and Framingham coming in to Boston for 6 to 10 years. She said she won’t allow higher Turnpike tolls to pay for the $1 billion project and she indicated she is leaning toward the status quo design for reconstruction of an elevated section of the Turnpike on a narrow strip of land between Boston University and the Charles River.

Spilka said Transportation Secretary Stephanie Pollack briefed her last Monday on the three options for repairing that section of the Pike before unveiling them at a joint meeting of the MassDOT and MBTA boards. One option would essentially rebuild all the transportation elements in place, while the other two would either put the Turnpike at ground level and elevate Soldiers Field Road or put all the transportation elements at ground level. The latter two approaches require a temporary or permanent incursion into the Charles River, mostly for new parkland and bike and pedestrian paths.

Spilka said she was concerned about any environmental impact on the Charles River and sees advantages to the status quo approach. “As a non-engineer, somebody who doesn’t look at it that way, the thought of switching, putting the Pike where Storrow is and Storrow Drive where the Pike is doesn’t make sense to me if you have the major roads there already and they’re going to be basically going in the same direction anyway,” she said.

Spilka, who is an attorney, didn’t want to weigh in on the debate about whether the governor is on solid legal ground in relying on the 1950 Civil Defense Act for the legal authority to issue all of his COVID-19 emergency orders.

“Again, that is focusing on process. Right now the governor, the speaker, and the Senate president, we talk, usually twice a week, we have meetings,” she said. “We are working well together, and it shows,” she said, pointing to COVID-19 numbers that are dropping, at least for now.

“Isn’t that what really counts and matters?” she asked.


Forbes Magazine
Thursday, July 1, 2020
Pushback Against Two Cap & Trade Programs
Follows Electoral Rejection Of Carbon Taxes
By Patrick Gleason


Prominent environmental organizations and activists have spent recent months seeking to shoehorn talk of climate change into discussions about current events. The Washington Post, for example, published a June 29 article trying to make a connection between race relations and climate change. On June 30 Al Gore had an op-ed in the Wall Street Journal arguing that the aftermath of the current downturn is an opportune time for environmentalists to advance their agenda.

Yet all of this talk and rhetoric from activists follows recent action in numerous state capitals featuring bipartisan opposition to progressive proposals to impose Green New Deal-style emissions caps and carbon pricing. The crux of the recent pushback against two regional cap and trade proposals is not due to any bugs, but rather the plans’ feature, which is that they’re designed to inflate the cost of energy in some of the most populous states in the country, and at a time when many households and employers can ill-afford the added cost.

Right now in the 2020 battleground state of Pennsylvania, Governor Tom Wolf’s (D) attempt to commit the Keystone State to the Regional Greenhouse Gas Initiative (RGGI), a multi-state cap and trade scheme designed to inflate the cost of energy derived from fossil fuels, is running into bipartisan legislative resistance in Pennsylvania’s ornate state capitol in Harrisburg.

RGGI is a more than decade old cap & trade system whereby 10 member states (Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont) limit the amount of CO2 emissions that power plants can release, while making “allowances” available at interstate auctions that can be purchased and traded among companies subject to the caps. This year Virginia legislators passed a bill authorizing Governor Ralph Northam (D) to implement RGGI in Virginia next year.

Representatives Pam Snyder (D) and Jim Struzzi (R) have introduced House Bill 2025, which blocks Governor Wolf from entering Pennsylvania into the RGGI agreement without consulting the legislature. This legislative action comes in response to Governor Wolf’s announcement last October that he would seek to implement RGGI in Pennsylvania by executive order, without a vote of the legislature.

Representatives Snyder & Struzzi’s bill asks Governor Wolf’s Department of Environmental Protection “to conduct a public comment process on and submit to the General Assembly a measure or action intended to abate, control or limit carbon dioxide emissions by imposing a revenue-generating tax or fee on carbon dioxide emissions.”

Representative Struzzi says this bill, which recently passed through the House Environmental Resources and Energy Committee, “basically says that before any attempt to enter into RGGI is undertaken, it needs to go through the legislature first.”

Pennsylvania Senator Joe Pittman (R) has introduced companion legislation, Senate Bill 950, in the commonwealth’s upper chamber. At a February hearing on Snyder & Struzzi’s bill, energy policy experts argued that RGGI is an economic growth-depressing jobs killer with questionable environmental benefits. Aside from process arguments that any decisions about RGGI in Pennsylvania should come through the legislature, Representatives Snyder & Struzzi also oppose the substance of RGGI and what it would do to employers, jobs, and the Pennsylvania economy.

“I’ve made no secret about my opposition to the Regional Greenhouse Gas Initiative,” Representative Snyder noted in a statement. “It’s bad news for our region. Locally, we’ve made strides and continue to do so to protect the environment without needing it.”

“The real conundrum here is that there is no evidence RGGI will have even a small impact on the environment,” Representative Struzzi said. “But it is for certain that it will shut down power plants. Just the fact that Pennsylvania officials are talking about RGGI is enough to drive away business.”

“I was proud to support HB 2505, which specifically outlines the process that the General Assembly has before the state could impose a carbon tax on energy suppliers or join any multi-state program, like RGGI,” Snyder added.

RGGI isn’t the only regional cap and trade plan for which environmental activists are currently seeking additional member states. The Transportation Climate Initiative (TCI) is another regional cap and trade scheme that differs from RGGI in that it strictly targets transportation emissions. Whereas RGGI applies upward pressure on both utility bills and gas prices, TCI only drives up gas prices.

TCI, whose push has been led by Massachusetts Governor Charlie Baker’s administration, has run into possibly deal-breaking resistance since more details about the plan were released last December. That resistance started with New Hampshire Governor Chris Sununu’s immediate announcement that he would not subject his constituents to TCI and the inflationary impact it would have on gas prices.

“I will not force Granite Staters to pay more for their gas just to subsidize other states’ crumbling infrastructure,” Governor Sununu told the Boston Herald shortly after TCI was unveiled. “New Hampshire is already taking substantial steps to curb our carbon emissions, and this initiative, if enacted, would institute a new gas tax by up to 17 cents per gallon while only achieving minimal results. This program is a financial boondoggle and the people of New Hampshire will never support it.”

Other blue state governors and lawmakers have since followed Governor Sununu in either rejecting or refusing to support TCI. The cold reception for this new cap and trade scheme has prompted Governor Baker’s team to consider back up plans, such as trying to link up with California or Canada as part of a non-contiguous regional cap & trade scheme.

“I fail to see how any friend of Labor could stand by such a proposal,” David Van Deusen, president of the Vermont AFL-CIO, wrote about the TCI after the plan’s December introduction by Baker.

“Any scheme which seeks to price working people out of driving a gas powered vehicle (without having a comprehensive public transit system & affordable electric cars readily available first) will not result in workers driving less,” AFL-CIO’s Deusen wrote. “Rather, such moves will do nothing more than take dollars out of the pockets of working people; money which we desperately need while living in a society which does not guarantee livable wages, public healthcare, and affordable housing.”

While even Democrats and progressives in northeastern and New England states are rejecting energy cost-increasing cap and trade schemes and carbon taxes in the middle of a recession, others are instead claiming that low oil prices are an excuse to raise state gas taxes, or to impose a carbon tax that will drive up the price of gas.

“Imposing a carbon tax that would generate revenue sufficient to pay for the pandemic relief bill while energy prices are historically low would constitute a profound act of governing,” writes Ike Brannon, a senior fellow at the Jack Kemp Foundation.

“Low global oil prices provide an opportunity to increase carbon taxes without hurting consumers,” the United Kingdom’s state-appointed climate commission wrote in a recent letter to Prime Minister Boris Johnson, echoing Brannon.

Unfortunately for Brannon, the UK climate commission, and other carbon tax advocates, such regressive proposals have been rejected repeatedly in recent years. Even more deflating for carbon tax proponents is the fact that this rejection has occurred in blue states whose voters should be the most open to such ostensibly green tax hikes. Not only have the more than a dozen carbon tax bills that have been introduced at the state level in recent years all failed to pass, two well-funded ballot measures to impose a statewide carbon tax have both been rejected by voters in blue Washington State over the last four years.

In the same elections that Washington State voters awarded their electoral votes to Hillary Clinton and voted for Democrats to control Congress, they also resoundingly rejected carbon taxes. Now, two years after the last voter rejection of a carbon tax ballot measure, cap & trade schemes are being rejected on the east coast, while structurally failing on the west coast. The May auction for emissions credits under California’s cap & trade program, enacted in 2006, was a disaster.

“Results from the Air Resources Board’s May 2020 quarterly auction show that just 35% of the climate pollution allowances made available for purchase were sold, raising less than $25 million for the state’s Greenhouse Gas Reduction Fund,” Danny Cullenward, a lecturer at Stanford Law School and a member of the CalEPA Independent Emissions Market Advisory Committee, wrote in a May 29 CalMatters article.

“Successful auctions normally bring in between $600 million and $800 million per quarter to support a wide variety of air quality, climate and fire protection programs, but now – in the middle a massive budget crisis – those funds are gone,” Cullenward wrote, attributing the shortfall to a failure in the structure of California’s cap and trade system and allowances market.

“There’s no serious argument that the pandemic is responsible for the auction shortfall,” Cullenward added. “Faulty market design is the real culprit.”

Carbon tax supporters like to talk about building “momentum,” despite a lack of legislative or electoral victories. Meanwhile the cap & trade schemes currently pending on the east coast, which have the same emissions-reducing goals and energy cost-inflating effect as a carbon tax, are running into bipartisan resistance. Amid a recession that has lowered tolerance for tax hikes, particularly regressive levies like a carbon tax, don’t expect carbon tax or cap & trade supporters to get anything passed in 2020.


The Boston Globe
Sunday, June 28, 2020
A Boston Globe editorial
The Massachusetts Teachers Association tries to exploit a crisis
The union has issued a long list of directives it says should be preconditions
if teachers are to return to school in the fall, including getting rid of the MCAS for good.


The COVID-19 pandemic has created a host of problems for public education in Massachusetts, the weathering of which will require flexibility, compromise, and a recognition that we are all in this together. And indeed, across the Commonwealth, thousands of students, teachers, and parents have risen to the occasion, adjusting to the unprecedented new demands the outbreak has created for all of us.

Unfortunately, that spirit is not what we’re currently seeing from the heads of the Massachusetts Teachers Association, the state’s largest teachers union. Instead, the union leadership has issued a long list of directives it says should be preconditions if teachers are to return to school in the fall.

MTA President Merrie Najimy maintains the union is simply supporting its local affiliates with their school-reopening negotiations, but if MTA teachers refuse to return to work until those demands are met, that would be a havoc-creating standoff akin to a teachers strike.

So let’s look at what the MTA wants. One demand: An assurance that public schools will be safe for educators, students, and families, with special consideration for teachers and students with compromised immune systems. That’s certainly an appropriate pandemic concern.

But not this directive/demand: the permanent elimination of the Massachusetts Comprehensive Assessment System exams.

Those exams are a foundational aspect of the sustained and bipartisan education-improvement efforts that have helped make this state’s public schools the best in the nation.

The MCAS tests a sophomore level of high school knowledge in English, math, and science. High school students must pass it to receive a diploma in Massachusetts. (Exams are also given in some lower grades, though passing isn’t required to advance.)

The passing threshold is not a particularly hard bar to clear. Over the last three years, about 87 percent of students have passed all three MCAS tests (English language arts, math, and science) on their first attempt. For the class of 2021, the first-time passing rate for Black students was 77 percent, for Latinx students, 73 percent. Since 2003, about 95 percent of students have passed the MCAS during their high school years.

Still, the MTA remains intractably opposed to the test. The union has many reasons for its opposition to the MCAS, but one unstated reason certainly is the school accountability it has helped bring about. Indeed, it’s not just individual students who are assessed with the MCAS. Schools whose students chronically underperform on the exams can be subject to state interventions, which may include altering union contracts as deemed necessary to improve education.

So why does nixing the MCAS qualify as a pandemic concern?

“You have to think about the impact of the pandemic on learning at this moment,” says Najimy, asserting that the need for social distancing will render it impossible to cover the curriculum the MCAS tests in the next school year. That remains to be seen, but: Why should those short-term concerns prompt a permanent elimination of the test? The MTA president maintains that MCAS “just measures socioeconomics and race” and that ending it is necessary to rid the schools of structural racism.

Those are weak and unconvincing arguments. The MCAS exams aren’t perfect, and test questions should be scrutinized for possible racial bias before they are included in the exams. But a test that identifies areas where high school students need more work shouldn’t be considered racist simply because there is an overall achievement gap between white and nonwhite students. The MCAS exams didn’t cause that gap, they merely reveal it. The problem is more likely the gap in the amount of education and support the students receive.

Even as the MTA steps up its anti-MCAS offensive, a new Brown University study underscores the value of Massachusetts’ education-reform efforts and the MCAS. The study finds that the “percentages of students graduating from high school, enrolling in college, and earning four-year college degrees have all risen over time,” a pattern that “holds true for low-income students, English learners, and students from all of the largest racial/ethnic groups.”

What’s more, the report found that scores on the 10th grade MCAS exams “predict longer-term educational attainments and labor market success, above and beyond typical markers of student advantage.”

And yet, after state Education Commissioner Jeff Riley on Thursday issued an initial 23 pages of school reopening guidance, the MTA responded within hours with a relatively short and critical statement that, among other things, underscored its stance that the MCAS should be eliminated.

Let’s call this MTA demand what it is: a transparent effort to use the pandemic to achieve a self-interested goal the union hasn’t otherwise been able to accomplish.

Other MTA demands are for a restoration of any positions cut in the spring, the addition of more staff, and full funding for the first installment of the Student Opportunity Act.

Schools should certainly have enough staff, though whether that requires restoring any and all position cuts or additional hires is really a district-by-district question. More problematic is the MTA’s insistence on full first-year funding of the Student Opportunity Act. Passed last year, that legislation calls for raising education spending by $1.5 billion annually, phased in over seven years. As a down payment, Governor Charlie Baker had in his pre-pandemic budget proposed some $300 million in new state spending for the fiscal year that starts July 1. But now that the pandemic-caused economic slowdown has blown a $6 billion hole in state revenues, delivering that much new funding will be exceedingly difficult, particularly if there isn’t another infusion of federal dollars for states.

Najimy, however, brushes those concerns aside, saying state policy makers can use rainy day reserves and raise several billion more in taxes.

“The money exists and the legislators have the power to raise revenues,” she says. A reality check: Even if state budgeters used all of the $3.5 billion rainy day fund in the next fiscal year and the Legislature raised new revenues equivalent to the amount that would come from the $2 billion millionaire tax that the MTA and a progressive coalition backs — a measure that will likely be on the 2022 ballot — that wouldn’t fill the projected revenue hole in next year’s budget.

As policy makers and stakeholders grapple with these very difficult times, the MTA leadership needs to recognize that a once-in-a-century pandemic calls for compromise and cooperation — not line-in-the-sand demands.


The Boston Globe
Wednesday, July 1, 2020
Labor-backed group pushes Beacon Hill for new corporate taxes
Lawmakers are holding off on a new budget for now,
but the liberal organization says programs to help the needy and schools need funding certainty
By Jon Chesto


Who needs a budget to have a budget battle?

Raise Up Massachusetts sure doesn’t want to wait.

The coalition of labor and community groups just sent a letter to the state Senate calling for new corporate and investment taxes. The goal: to provide enough money for crucial social services in the new fiscal year that began Wednesday.

The Legislature enters this new cycle amid an unprecedented level of fiscal uncertainty. Usually, leaders from the House and Senate would be hammering out the details of a new state budget by this point. They might even have reached an agreement. But COVID-19 hit before the House leadership crafted its proposal, essentially halting the normal budget-writing process on Beacon Hill.

No one knows how bad the budget will be in the new fiscal year. But everyone agrees it won’t be pretty. The business-backed Massachusetts Taxpayers Foundation estimates the revenue shortfall could be as much as $6 billion — nearly 20 percent less than what state leaders initially expected.

Raise Up offers up one set of solutions in its new letter — changes that are sure to get pushback from the business community. Increase the state corporate tax back up to 9.5 percent, where it sat before 2009, from the current level of 8 percent. Significantly increase a state tax on overseas profits (nicknamed “GILTI”). And raise the tax rate for “unearned income,” aka investment income from capital gains and dividends.

No budget? No problem. Raise Up suggests the Senate tack these changes on to a transportation financing bill that the House sent over in March. That bill already includes increases in the gas tax, Uber and Lyft fees, and the minimum corporate tax. (Raise Up’s progressive allies in the House also just sent a letter to the Senate, urging it to take up the House transportation bill because of the budget crisis.)

Raise Up spokesman Steve Crawford knows these tax increases likely won’t solve all of the state’s fiscal problems; the corporate tax increase might provide the biggest infusion of the three proposals, at $450 million to $525 million a year. But it’s important, he said, to start now. Cities and towns that rely on state aid, particularly for their schools, need to plan, he said. And Crawford said companies that are making money in this rough economy have a responsibility to step up and help everyone else get back on their feet.

Unsurprisingly, business groups are objecting to the call for more revenue — at least right now. They say state budget writers should wait on Congress, to see what federal aid might be forthcoming. That appears to be the state Legislature’s strategy so far: Lawmakers last week passed a monthly budget to cover the costs for July, the first of what could be several “one-twelfth” budgets on Beacon Hill. Several other states are taking similar steps, playing for time with the hopes a lifeline arrives from Washington.

Legislators here face a deadline of July 31 to adjourn from formal sessions for the year. In election years like this one, all significant bills are supposed to be done by then. While not impossible, getting the budget done in time for that deadline seems highly unlikely at this point. Now rumors are circulating of a possible special session this fall — maybe after the elections — to clean up the budget mess.

New corporate taxes certainly will face resistance. Chris Anderson, president of the Massachusetts High Technology Council, said state officials should be focusing on revitalizing the battered economy, not pulling away the welcome mat from job creators in the private sector.

Any sort of budget debate without knowing the level of help from the federal government would be only a hypothetical exercise, said Eileen McAnneny, president of the taxpayers foundation. And Brooke Thomson, head of government affairs at Associated Industries of Massachusetts, said her group is urging lawmakers to be patient, and avoid disruptive tax changes at a time when many business owners are struggling.

Senator Adam Hinds, cochairman of the revenue committee, appears to side with the business community on the timing issue — at least for now. Hinds has been leading a Senate working group on state revenue since before the pandemic. That group last met in April and isn’t expected to wrap up with recommendations for several months.

Not only are state leaders waiting on Washington, Hinds said; they also need to see the results of a three-month delay in state income tax collections, since the big April 15 tax day cutoff fell during the pandemic. The new filing deadline is July 15, so any answer on that front might not be public until early August.

And Hinds said his colleagues also want to see what kind of bump in tax collections is produced by the recent resumption of business from the spring shutdowns, particularly from the hard-hit retail and hospitality sectors.

Answering these questions will also help lawmakers decide how much should be drawn from the deep well that is the state’s $3.5 billion rainy day fund.

Sooner or later, lawmakers will need to address some of these revenue questions. But Hinds said he would prefer that this tough debate only happens once. The timing is not yet right, he said, not with so much still up in the air.


The New Boston Post
Monday, June 29, 2020
Pro-Spending Democrat Seeking Joe Kennedy III’s Seat
Opted Not To Pay Optional Higher Taxes
By Tom Joyce


If elected to Congress, Jesse Mermell would like to implement plans that increase spending.

But when she had the opportunity to pay more in taxes at the state level over the past several years, the Brookline resident and Democrat who is running to represent Massachusetts’s Fourth Congressional District chose not to, according to her tax returns.

Mermell is running to replace U.S. Representative Joseph P. Kennedy III (D-Newton), who is primarying U.S. Senator Ed Markey in state’s U.S. Senate race.

Mermell released five years of her tax returns on June 18, covering 2014 to 2018. The returns revealed that she made more than six figures each year and paid the standard state income tax rate — which was 5.2 percent in 2014, 5.15 percent in 2015, 5.1 percent in 2016, 2017, and 2018.

But she could have paid more. Since state legislators approved it in 2002, Massachusetts taxpayers have had the option of checking a box and paying a higher income tax rate than required — 5.85 percent. The extra money gives legislators more to work with.

Mermell’s campaign team put out a press release recently praising her for her transparency concerning personal income tax returns.

“With Donald Trump lying, cheating, and deceiving his way through a failed presidency, Democratic candidates at all levels have an obligation to lead by example and run open, transparent campaigns that are accountable to the voters,” Mermell said in the press release dated June 18. “That’s why today I’m releasing five years of tax returns and challenging my opponents to at least three debates across the district. As candidates, we have a shared responsibility to provide the people of the Fourth District with all of the information they need and deserve to make their decisions, and I hope that my opponents will join me in fulfilling that responsibility.”

The release also said if elected, Mermell would introduce legislation mandating that all federal candidates release their tax returns.

Mermell’s tax returns show that she had the opportunity to contribute another $4,746 to the Commonwealth of Massachusetts during those five years, but passed up the opportunity.

Here’s how.

On her 2014 return, Mermell paid $5,416 in state income tax instead of the $6,093 higher option allowed on the Massachusetts income tax form. A year later in 2015, she paid $6,231 instead of $7,078. In 2016, it was $6,772 instead of $7,768. In 2017, she paid $7,304 rather than $8,378. And in 2018, it was $7,834 — not the $8,986 she could have paid voluntarily.

Mermell favors several government programs that would necessitate spending increases — and presumably tax increases to help pay for them.

A few such programs on Mermell’s platform include Medicare-for-all, free public college, some form of student loan debt forgiveness, and increased federal funding for Massachusetts transit programs. Her platform notes that a wealth tax would pay for her free public college plan.

While her proposals are for the federal government, they could also be passed at the state level, if the funding existed to pay for them.

It’s uncommon for anyone in the Commonwealth to pay the higher optional 5.85 percent tax rate. According to the Massachusetts Department of Revenue, 1,663 people did in 2015 (out of 3,783,209 returns), 1,619 did in 2016 (out of 3,642,896 returns), and 1,275 did in 2017 (out of 3,175,892 returns).

That works out to about .04 percent in each of those years, or about 4 out of every 10,000.

One of those is U.S. Senator Elizabeth Warren (D-Cambridge), who chose the higher 5.85 percent option in Massachusetts for the 2017 and 2018 tax years when she was running for re-election to the Senate and preparing for a presidential race — though not before then.

It’s unclear whether other candidates in theFourth Congressional District race paid the higher optional income tax rate; Mermell is one of nine Democrats expected to be on the September 1 ballot, according to Ballotpedia, but the only candidate who has released tax returns so far.

Before running for Congress, Mermell served as a senior advisor to former governor Deval Patrick, as a selectman in Brookline, and as the vice president for external affairs at Planned Parenthood League of Massachusetts.

Mermell’s campaign could not be reached for comment for this story.


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


Citizens for Limited Taxation    PO Box 1147    Marblehead, MA 01945    (781) 639-9709

BACK TO CLT HOMEPAGE