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CLT UPDATE
Monday, October 5, 2020

"Idle Hands Are The Devil's Workshop"


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

The coronavirus pandemic did a number on the state budget as revenues plummeted but funding for services still had to be maintained.

Hence, a flurry of borrowing to keep Massachusetts afloat.

But we’re not out of the woods. A projection earlier this month for the State House News Service by the Center for State Policy Analysis at Tufts University suggests a nearly $1.6 billion reduction in anticipated fiscal 2021 tax revenues.

Last week, Gov. Charlie Baker said the state should be able to close out fiscal 2020 and manage through fiscal 2021, but he was concerned about where Massachusetts would be financially in FY 2022....

According to the News Service, Massachusetts Budget and Policy Center, a state finance think tank, says it's time for lawmakers to consider other ways to fill budget gaps, other than borrowing money.

They include tapping into the state’s $3.5 billion reserves and adopting “new policies to increase revenue.”

Translation: raising taxes.

MassBudget makes an excellent point in stating that debt must be paid back, and one short-term borrowing option — a $7.86 billion credit line through the U.S. Federal Reserve’s Municipal Liquidity Fund — would have to be paid back by 2023.

The report from MassBudget didn’t get into specifics, but it’s previously supported options that include raising the personal income tax rate, raising the tax rate on capital gains, imposing a surtax on the sale of multi-million dollar homes, taxing large private college and university endowments, and raising various corporate tax rates....

There are many balls up in the air — cities and towns may be eyeing property tax increases to mend their broken budgets as well.

The state needs to find sustainable budget solutions, understood, but many other options should be considered before turning to beleaguered taxpayers.

A Boston Herald editorial
Wednesday, September 30, 2020
Tax hikes should be last resort as state seeks revenue


http://cltg.org/cltg/clt2020/images/Boston_Broadside.jpg

This November taxpayers will celebrate the 40th anniversary of Proposition 2½.  Citizens for Limited Taxation’s (CLT) ballot question was adopted by the voters in 1980 after a furious campaign to defeat it by self-serving interests vested in ever-increasing property and vehicle excise taxes.

From its inception Proposition 2½ was detested by those never satisfied that they’ve extracted enough from taxpayers.  For decades CLT has managed to fend off numerous attacks time and again. Those assaults were usually clear, direct, and obvious.

Not anymore. Now they are stealthy, typically buried in some obscure language within an unrelated “must pass” major bill.  A recent example was the “Community Benefit Districts” in 2018, stashed deep within the massive Economic Development bill.  It would have created a whole new level of government — neighborhood districts — each with its own power to tax property above and beyond the limitations on municipalities imposed by Prop 2½.  CLT managed to kill that sneak attack just moments before the Economic Development Law was passed.

We weren’t as successful last year with another end-run, this one snuck into the $1.5 billion Education Funding Reform Law to “analyze the impact” and “mitigate the constraints” of Prop 2½.

This year’s clandestine attack was secreted in the Senate’s Transportation Bond Bill, which addresses massive state borrowing and spending of over a billion dollars for transportation projects. . . .

t now sits in the House/Senate Transportation Bond Bill conference committee comprised of six members.  The House’s bill and the Senate’s have little in common.  Whatever is finally agreed to and reported out cannot be amended.  It will be quickly passed with a rubber-stamp vote, whisked to the governor for his signature, and will become law. If it is to be stopped that must happen now, in the conference committee.

Boston Broadside
October 2020
40 Years Later Proposition 2½ Is Under Assault, Again
By Chip Ford


The Senate on Monday gave life support to a smorgasbord of legislation before the Judiciary Committee, extending the deadline for action on some bills that have already been extended multiple times.

The Judiciary Committee would have until Nov. 12 to report on a bundle of bills covering topics like First Amendment rights, forfeiture reform, face recognition and biometric surveillance, COVID-19 emergency aid by higher education institutions, COVID-19 estate recovery, and false reporting of an emergency.

Some bills like S 313, relative to preventing the sexual abuse of children and youth, have already gone past the Feb. 5 Joint Rule 10 deadline, an initial extension to May 12, and a second extension to July 31.

Legislative leaders have said they want this fall's formal sessions to focus on the budget, conference committee reports, and COVID-19 response, and it remains to be seen what -- if any -- additional priorities get pulled up for debate.

Before adjourning until Thursday, senators sent Gov. Baker bills allowing a new liquor license in Maynard and authorizing Wellesley to keep a firefighter on their department until he turns 70.

State House News Service
Monday, September 28, 2020
Senate Session Summary - Monday, Sept. 28, 2020


State tax collections in the fiscal year that ended June 30 came up about $693 million short of expectations, mostly driven by an evaporation of sales tax revenue, Gov. Charlie Baker said Wednesday as he filed a bill to close the books on fiscal year 2020 without borrowing or tapping the state's reserves.

The $424 million supplemental budget (HD 5307) carries a net state cost of $197 million, which Baker said is mostly to cover expenses at MassHealth, the state's Medicaid program.

The governor said Massachusetts does not need to dip into its $3.5 billion Stabilization Fund to close the books on FY20 in part because state spending, which is managed by the executive branch, was slowed in the spring as the COVID-19 pandemic upended state programs....

Wednesday's filing of an FY20 closeout supp kicks off a process that has turned somewhat ugly in recent years.

Every year, the state comptroller must finalize the books on the fiscal year that ends June 30 and file the state's annual Statutory Basis Financial Report by Oct. 31. The comptroller cannot prepare the SBFR until the Legislature passes and the governor signs a closeout supplemental budget.

In recent years, lawmakers have waited longer and longer to pass that bill, taking it up in October or even November, rather than August or September as they used to do in the late 1990s and early 2000s. The lateness of the closeout supp devolved into a staring contest between former Comptroller Andrew Maylor and the Legislature last year -- when Baker got the ball rolling on Sept. 6.

The Legislature took negotiations over last year's closeout supp later into the year than any time since at least 1995, forfeiting more than $1 million in interest that the state could have earned had lawmakers completed their work on time. This year is sure to be more complicated and the process is starting more than three weeks later....

Baker's closeout supplemental budget will likely head first to the House Ways and Means Committee and it might have some company as it knocks around the House and Senate this fall.

State House News Service
Wednesday, September 30, 2020
Baker: Reserves, Borrowing Not Needed for Fiscal 2020
Cap Gains, Slowed Spending Help Address Shortfall


Senate President Karen Spilka told local officials in her district this week that action on the overdue annual state budget is unlikely to happen in the Legislature until after the November election, a softer target than the more ambitious goal articulated earlier in the week by the Senate's budget chief of making decisions on how to spend billions in tax dollars by the end of October.

Spilka also said that Gov. Charlie Baker may be planning to file an updated version of the pre-pandemic fiscal 2021 spending plan he put forward in January, which would become the jumping off point for the House and Senate to craft their own budgets for the fiscal year that began on July 1....

The comments made by the Senate's top Democrat add to the uncertainty of how Beacon Hill intends to proceed in the development of an annual state budget as they continue to wait for any clear signs from Congress about the prospects for additional federal aid.

On Monday, Senate Ways and Means Chairman Michael Rodrigues said his goal was to have a budget passed and on Gov. Baker's desk by the end of the month when a three-month, $16.5 billion interim budget expires. "Our idea is to get it done by the end of October. I'm here today. I'm here every day. We are working," Rodrigues said at the State House....

A rare post-election budget debate would mean that scores of major decisions about spending would be made in part by a lame-duck Legislature featuring some lawmakers who are retiring and others who won't be returning in January because they lost their elections.

Spilka told Holliston officials another interim budget is "very possible," and suggested the Legislature was inclined to wait a little longer to see if Congress will deliver another stimulus package with aid for states and municipalities.

State House News Service
Thursday, October 1, 2020
Spilka: Baker Budget Refile May Spark Post-Election Debate
Rodrigues Amends Budget Goal to "Soon as Possible"


One of the lawmakers most responsible for crafting a budget for the fiscal year that began in July expects the budget process to get a reboot by the middle of this month when Gov. Charlie Baker's administration puts forward updated revenue assumptions.

Baker started the annual budget process in January when he filed a $44.6 billion proposal, but the COVID-19 pandemic brought work on the budget to a screeching halt and Massachusetts has been operating on a series of temporary budgets -- which are due to expire in about a month -- since July 1.

House Ways and Means Committee Chairman Rep. Aaron Michlewitz told the News Service he expects the budget process to get back into gear starting next week when he and other state budget managers will hear updated economic assessments from a variety of experts....

As far as when the long overdue fiscal year 2021 budget gets done, Michlewitz falls somewhere between Senate Ways and Means Chairman Sen. Michael Rodrigues, who has said he wants a budget done by the end of October, and Senate President Karen Spilka, who told local officials this week that budget action on Beacon Hill will likely come after the Nov. 3 presidential election....

By not passing a state budget so deep into the fiscal year, the Legislature has ceded authority over spending decisions to Baker for the first third of the budget year. Without including myriad spending directives as they usually do in a state budget, lawmakers passed a $5.5 billion budget to cover expenses in July and then approved a three-month $16.5 billion budget.

Two months into the fiscal year, state tax collections are running $124 million or more than 3 percent ahead of their pace one year ago, the Department of Revenue reported early in September, a promising sign given predictions of a revenue collapse this fiscal year....

As if crafting a spending plan for the rest of fiscal 2021 was not enough, the Legislature and governor still must close the books on fiscal year 2020, which ended June 30.

The $424 million supplemental budget (HD 5307) Baker filed Wednesday to put fiscal 2020 to bed was sent to Michlewitz's committee Thursday. The chairman said his staff was still vetting the bill, but he said the governor's proposal to plug the fiscal 2020 gap without touching the state's $3.5 billion rainy day fund is the right way to go at it.

"That was something that we felt was the necessary approach because of just the dramatic impact that we are going to see in FY 21, potentially in FY 22, and even beyond," Michlewitz said. "Touching the rainy day fund is something that we want to be very clear is one of the last resorts that we want to do. And so if we can get through FY 20 without touching it -- and I think the governor has accomplished that with what he's filing here -- I think that that's what the direction we'll want to take as well."

State House News Service
Thursday, October 1, 2020
Michlewitz Flags Budget “Starting Points”
HW&M Chair Won't Commit to Budget Timetable


The House and Senate may be getting ready in unprecedented economic times to attempt to do in three weeks what would ordinarily take three months, according to the Senate's top budget writer. That would be to draft and put an annual state budget on Gov. Charlie Baker's desk.

But exactly how the Legislature would accomplish this feat remains to be explained.

The House and Senate Ways and Means committees, along with Administration and Finance Secretary Michael Heffernan, plan to welcome back a slate of economic experts and fiscal prognosticators next week for the second time during the pandemic to help them forecast tax revenues for the last nine months of the fiscal year.

After that hearing, the leadership on Beacon Hill will need to agree to a revised tax estimate for fiscal 2021 and build spending plans around that anticipated revenue. The assumption is that forecasts will have improved since April when experts were predicting as much as $6 billion in lost tax revenue.

But in a typical year, the act of formulating a revenue estimate usually takes a month, following by the governor filing a budget in January. The House in April then releases and debates its version of the governor's budget, followed by the Senate in May. Each of those debates usually takes about three or four days apiece. That leaves about a month - and sometimes longer - for a conference committee of negotiators from both branches to iron out many budget differences and send the governor a consensus budget for his review.

Senate Ways and Means Chairman Michael Rodrigues confirmed to the News Service Monday that it's his intention that all of those steps will be finished by Oct. 31, when a more than $16 billion interim budget authorization expires....

With the revenue roundtable planned for next Wednesday, the Legislature would have a little more than three full weeks after hearing from economists to finish its budget. It's a stretch that coincides with the buildup to the November election when legislators would otherwise be focused on their own reelections, or campaigning for colleagues and other candidates for state and federal office....

The Legislature punted on trying to devise a full-year spending plan while in the throes of the COVID-19 pandemic this spring, and extended its session indefinitely past July 31 knowing that the budget would have to be dealt with before the end of the year.

Senate leadership also told members that they may be called back to vote on emergency COVID-19 legislation or one of the five conference committee reports -- police reform, economic development, health care, transportation borrowing and climate change - if and when deals are reached.

"None of those are on the horizon as we speak, the budget being probably the closest," said Rodrigues, whose committee processes most bills -- with the exception of conference committee reports -- before they land on the Senate floor for consideration.

State House News Service
Monday, September 28, 2020
Rodrigues Still Planning for October Budget
Timeframe Would Require Extensive House-Senate Collaboration


Despite a week of elevated case counts and a positive test rate that by some measures is approaching 3 percent, Baker on Tuesday greenlighted the reopening of a host of new businesses, from roller rinks and trampoline parks to indoor concert and performance venues, with half-capacity, or 250 people, limits.

"If people are going to go inside, which they probably will, I would much rather have them go inside in organized and supervised ways with rules than in unorganized, unsupervised ways with no rules," the governor said.

The only catch is that those businesses must be located within a community that's been gray, green or yellow for the past three weeks, meaning less than eight cases of COVID-19 for every 100,000 people per day.

And that does not include the city of Boston....

Even after talks were resuscitated between Speaker Nancy Pelosi and Treasury Secretary Steve Mnuchin, there was no deal to be had. The House wound up pushing forward with a largely symbolic vote on a slimmed down $2.2 trillion version of the Heroes Act that had zero chances of advancing in the Senate, basically leaving Congress where it started the week -- nowhere. The new relief bill passed 214-207, with 18 Democrats, but none from Massachusetts, voting no.

Without federal aid, Spilka said the Senate was "guestimating" a $5 billion revenue shortfall in fiscal 2021, and some liberal think tanks and legislators said borrowing should not be part of the long-term solution.

"We need to raise significant amounts of progressive revenue to invest in the programs that will allow people to stay safe," said Rep. Mike Connolly, a Cambridge Democrat.

Spilka wasn't ready to start talking taxes just yet, however, telling local officials in Holliston during a visit with the Board of Selectmen that the Legislature will give Congress a little more time before trying to pass a fiscal 2021 state budget, now not likely until after the election.

In saying that, she basically threw cold water on the suggestion earlier in the week by Senate Ways and Means Chairman Michael Rodrigues that completion of the budget before the end of October was not only a possibility, but his goal.

Rodrigues is now saying he hopes to get a budget done "as soon as possible," and his counterpart in the House, Rep. Aaron Michlewitz, is expecting the Baker administration to update revenue projections for the rest of the fiscal year by Oct. 15, after officials hear next week from economists.

That revenue update, according to Spilka and other officials, could include the filing of a completely revised budget from the governor, which would jumpstart a process that has been stalled since March.

One positive sign for the state's ability to get through the next couple of years is that Baker was able to file a budget bill to close-out fiscal 2020 this week that did not borrow or draw down on the state's $3.5 billion "rainy day" fund, despite tax collections ending the year $693 million below expectations.

Instead, Baker is relying on unspecified slowdowns in spending during the pandemic and a proposal to cancel a planned deposit of some capital gains tax revenue into reserves.

The pandemic pain inflicted on the budget last year was not as bad as had been feared, Baker said, and officials are hoping the same will be said of fiscal 2021.

State House News Service
Friday, October 2, 2020
Weekly Roundup - Debatable Strategies


On Beacon Hill, the drawn-out stimulus talks in Washington seem to have immobilized state budget writers. Massachusetts is now into its fourth month running on interim budgets and the Legislature and Gov. Charlie Baker have not even proposed a fiscal 2021 budget, which will actually only cover spending for, at most, the last eight months of the fiscal year.

Legislators and the Baker administration reconvene economic experts to hear updates on the uncertain outlook, which has improved since their last gathering in April, and there are signs that the Baker administration will soon get the budget ball rolling with a refiled fiscal 2021 budget based on revenue assumptions that will be revised by an Oct. 15 state finance milestone marker.

House Ways and Means Chairman Aaron Michlewitz told the News Service this week that a similar hearing held in April was helpful, but that he expects the economists and others to have a clearer sense of what's in store now that they've observed almost six months of pandemic era data.

State House News Service
Friday, October 2, 2020
Advances - Week of Oct. 5, 2020


Chip Ford's CLT Commentary

A Boston Herald editorial on September 30 ("Tax hikes should be last resort as state seeks revenue") noted:

According to the News Service, Massachusetts Budget and Policy Center, a state finance think tank, says it's time for lawmakers to consider other ways to fill budget gaps, other than borrowing money.

They include tapping into the state’s $3.5 billion reserves and adopting “new policies to increase revenue.”

Translation: raising taxes.

MassBudget makes an excellent point in stating that debt must be paid back, and one short-term borrowing option — a $7.86 billion credit line through the U.S. Federal Reserve’s Municipal Liquidity Fund — would have to be paid back by 2023.

The report from MassBudget didn’t get into specifics, but it’s previously supported options that include raising the personal income tax rate, raising the tax rate on capital gains, imposing a surtax on the sale of multi-million dollar homes, taxing large private college and university endowments, and raising various corporate tax rates....

There are many balls up in the air — cities and towns may be eyeing property tax increases to mend their broken budgets as well.

The state needs to find sustainable budget solutions, understood, but many other options should be considered before turning to beleaguered taxpayers.

As we have reminded many time before, Massachusetts Budget and Policy Center is the evolution of CLT's old nemesis, Tax Equity Alliance for Massachusetts (TEAM, or more affectionately known in these parts as Tax Everything And More).  TEAM was created in the late-80s primarily if not exclusively to counter Citizens for Limited Taxation and its advocacy of tax limitation and fiscal responsibility.  TEAM was and MBPC is comprised of the usual coalition of The Takers, so it's expected they would, will, and are calling for ever higher taxes on economic producers and productive taxpayers.

As the notorious depression-era bank robber Willy Sutton reportedly responded when asked why he robbed banks, "Because that's where the money is."


I was invited to write a column for Boston Broadside alerting its readership to the latest threat to CLT's and the taxpayers' and voters' Proposition 2½.  It appears in this month's (October) issue, ("40 Years Later Proposition 2½ Is Under Assault, Again").  In my column I noted:

http://cltg.org/cltg/clt2020/images/Boston_Broadside.jpg

This November taxpayers will celebrate the 40th anniversary of Proposition 2½.  Citizens for Limited Taxation’s (CLT) ballot question was adopted by the voters in 1980 after a furious campaign to defeat it by self-serving interests vested in ever-increasing property and vehicle excise taxes.

From its inception Proposition 2½ was detested by those never satisfied that they’ve extracted enough from taxpayers.  For decades CLT has managed to fend off numerous attacks time and again. Those assaults were usually clear, direct, and obvious.

Not anymore. Now they are stealthy, typically buried in some obscure language within an unrelated “must pass” major bill.  A recent example was the “Community Benefit Districts” in 2018, stashed deep within the massive Economic Development bill.  It would have created a whole new level of government — neighborhood districts — each with its own power to tax property above and beyond the limitations on municipalities imposed by Prop 2½.  CLT managed to kill that sneak attack just moments before the Economic Development Law was passed.

We weren’t as successful last year with another end-run, this one snuck into the $1.5 billion Education Funding Reform Law to “analyze the impact” and “mitigate the constraints” of Prop 2½.

This year’s clandestine attack was secreted in the Senate’s Transportation Bond Bill, which addresses massive state borrowing and spending of over a billion dollars for transportation projects. . . .


In my CLT Commentary of August 16 regarding the Legislature's abrupt decision to stay in session through the year, I wrote:

There's nothing like a deadline to focus attention, and there's nothing like extending a deadline to feed procrastination.  Remember a month ago when everything on Beacon Hill was about getting so much accomplished before the July 31 recess deadline?  Now that they've agreed to ignore their own rule and remain in session interminably the pressure is off the pols; it's back to business-as-usual.  Nothing has come out of any of the numerous conference committees, and nothing likely will until the next deadline, after they are safely re-elected.

As we predicted, there is and has been little going on among the Legislature during its extended session (but campaigning for reelection and/or for others while on the taxpayers' dime).  One example was reported by the State House News Service on Monday for the Senate Session:

The Senate on Monday gave life support to a smorgasbord of legislation before the Judiciary Committee, extending the deadline for action on some bills that have already been extended multiple times.

The Judiciary Committee would have until Nov. 12 to report on a bundle of bills covering topics like First Amendment rights, forfeiture reform, face recognition and biometric surveillance, COVID-19 emergency aid by higher education institutions, COVID-19 estate recovery, and false reporting of an emergency.

Some bills like S 313, relative to preventing the sexual abuse of children and youth, have already gone past the Feb. 5 Joint Rule 10 deadline, an initial extension to May 12, and a second extension to July 31.

Legislative leaders have said they want this fall's formal sessions to focus on the budget, conference committee reports, and COVID-19 response, and it remains to be seen what -- if any -- additional priorities get pulled up for debate.

Before adjourning until Thursday, senators sent Gov. Baker bills allowing a new liquor license in Maynard and authorizing Wellesley to keep a firefighter on their department until he turns 70.


On September 28 the State House News Service reported ("Rodrigues Still Planning for October Budget Timeframe Would Require Extensive House-Senate Collaboration"):

The House and Senate may be getting ready in unprecedented economic times to attempt to do in three weeks what would ordinarily take three months, according to the Senate's top budget writer. That would be to draft and put an annual state budget on Gov. Charlie Baker's desk.

But exactly how the Legislature would accomplish this feat remains to be explained.

The House and Senate Ways and Means committees, along with Administration and Finance Secretary Michael Heffernan, plan to welcome back a slate of economic experts and fiscal prognosticators next week for the second time during the pandemic to help them forecast tax revenues for the last nine months of the fiscal year.

After that hearing, the leadership on Beacon Hill will need to agree to a revised tax estimate for fiscal 2021 and build spending plans around that anticipated revenue. The assumption is that forecasts will have improved since April when experts were predicting as much as $6 billion in lost tax revenue.

But in a typical year, the act of formulating a revenue estimate usually takes a month, following by the governor filing a budget in January. The House in April then releases and debates its version of the governor's budget, followed by the Senate in May. Each of those debates usually takes about three or four days apiece. That leaves about a month - and sometimes longer - for a conference committee of negotiators from both branches to iron out many budget differences and send the governor a consensus budget for his review.

Senate Ways and Means Chairman Michael Rodrigues confirmed to the News Service Monday that it's his intention that all of those steps will be finished by Oct. 31, when a more than $16 billion interim budget authorization expires....

With the revenue roundtable planned for next Wednesday, the Legislature would have a little more than three full weeks after hearing from economists to finish its budget. It's a stretch that coincides with the buildup to the November election when legislators would otherwise be focused on their own reelections, or campaigning for colleagues and other candidates for state and federal office....

The Legislature punted on trying to devise a full-year spending plan while in the throes of the COVID-19 pandemic this spring, and extended its session indefinitely past July 31 knowing that the budget would have to be dealt with before the end of the year.

Senate leadership also told members that they may be called back to vote on emergency COVID-19 legislation or one of the five conference committee reports -- police reform, economic development, health care, transportation borrowing and climate change - if and when deals are reached.

"None of those are on the horizon as we speak, the budget being probably the closest," said Rodrigues, whose committee processes most bills -- with the exception of conference committee reports -- before they land on the Senate floor for consideration.

The State House News Service further reported on Thursday ("'Michlewitz Flags Budget 'Starting Points' HW&M Chair Won't Commit to Budget Timetable"):

One of the lawmakers most responsible for crafting a budget for the fiscal year that began in July expects the budget process to get a reboot by the middle of this month when Gov. Charlie Baker's administration puts forward updated revenue assumptions.

Baker started the annual budget process in January when he filed a $44.6 billion proposal, but the COVID-19 pandemic brought work on the budget to a screeching halt and Massachusetts has been operating on a series of temporary budgets -- which are due to expire in about a month -- since July 1.

House Ways and Means Committee Chairman Rep. Aaron Michlewitz told the News Service he expects the budget process to get back into gear starting next week when he and other state budget managers will hear updated economic assessments from a variety of experts....

As far as when the long overdue fiscal year 2021 budget gets done, Michlewitz falls somewhere between Senate Ways and Means Chairman Sen. Michael Rodrigues, who has said he wants a budget done by the end of October, and Senate President Karen Spilka, who told local officials this week that budget action on Beacon Hill will likely come after the Nov. 3 presidential election....

By not passing a state budget so deep into the fiscal year, the Legislature has ceded authority over spending decisions to Baker for the first third of the budget year. Without including myriad spending directives as they usually do in a state budget, lawmakers passed a $5.5 billion budget to cover expenses in July and then approved a three-month $16.5 billion budget.

Two months into the fiscal year, state tax collections are running $124 million or more than 3 percent ahead of their pace one year ago, the Department of Revenue reported early in September, a promising sign given predictions of a revenue collapse this fiscal year.

On October 1 the News Service added ("Spilka: Baker Budget Refile May Spark Post-Election Debate"):

Senate President Karen Spilka told local officials in her district this week that action on the overdue annual state budget is unlikely to happen in the Legislature until after the November election, a softer target than the more ambitious goal articulated earlier in the week by the Senate's budget chief of making decisions on how to spend billions in tax dollars by the end of October. . . .

A rare post-election budget debate would mean that scores of major decisions about spending would be made in part by a lame-duck Legislature featuring some lawmakers who are retiring and others who won't be returning in January because they lost their elections.

Spilka told Holliston officials another interim budget is "very possible," and suggested the Legislature was inclined to wait a little longer to see if Congress will deliver another stimulus package with aid for states and municipalities.

Remember, the Legislature under its own longstanding rule was supposed to recess for the remainder of the year back on July 31.  It instead upturned that rule and voted to remain in session until the next Legislature is sworn in in January.  It asserted that legislators needed more time to get things like the budget — due by the end of last June — done.  That was more than three months ago and what has been accomplished?

It reminds me of the Biblical proverb; "Idle hands are the devil's workshop."

There's nothing like a deadline to focus attention, and there's nothing like extending a deadline to feed procrastination.  Remember a month ago when everything on Beacon Hill was about getting so much accomplished before the July 31 recess deadline?  Now that they've agreed to ignore their own rule and remain in session interminably the pressure is off the pols; it's back to business-as-usual.  Nothing has come out of any of the numerous conference committees, and nothing likely will until the next deadline, after they are safely re-elected.


On September 30 the News Service reported ("Baker: Reserves, Borrowing Not Needed for Fiscal 2020"):

State tax collections in the fiscal year that ended June 30 came up about $693 million short of expectations, mostly driven by an evaporation of sales tax revenue, Gov. Charlie Baker said Wednesday as he filed a bill to close the books on fiscal year 2020 without borrowing or tapping the state's reserves.

The $424 million supplemental budget (HD 5307) carries a net state cost of $197 million, which Baker said is mostly to cover expenses at MassHealth, the state's Medicaid program.

The governor said Massachusetts does not need to dip into its $3.5 billion Stabilization Fund to close the books on FY20 in part because state spending, which is managed by the executive branch, was slowed in the spring as the COVID-19 pandemic upended state programs.

On October 30 State House News Service noted ("Spilka: Baker Budget Refile May Spark Post-Election Debate"):

Tax collections over the first two months of fiscal 2021 are actually on the rise compared to last year, with a report due next week on collections for September, which is typically a major month for tax receipts.

On September 4 the News Service reported on the last Department of Revenue monthly report ("State Tax Collections Continue to Rebound Running Ahead of FY 2020 After Steep Decline in Spring"):

Having taken in $1.992 billion in tax revenue in August, state tax collections are running $124 million or more than 3 percent ahead of their pace one year ago, the Department of Revenue reported Friday, a potentially promising sign given predictions that receipts could collapse this fiscal year.

Of the $1.992 billion collected last month, all but $13 million will go towards fiscal year 2021. Counting the $1.979 billion that will be recorded in FY 2021, August collections were $7 million less than the August 2019 collections, DOR said. But through two months of FY 2021, DOR said it has collected roughly $4.135 billion, which is $124 million or 3.1 percent more than it had collected during the same period of fiscal 2020.

This is the old "expectations" vs. reality game.  Revenue collected in this fiscal year exceeds that of last fiscal year, pre-Chinese Coronavirus pandemic but failed to meet "expectations" conjured up by "economic experts" such as those who will again divine their revised tea leaves on Wednesday.

Meanwhile the volume of the tax hike conversation is ratcheting up.  In its Weekly Roundup on Friday the State House News Service noted:

Without federal aid, Spilka said the Senate was "guestimating" a $5 billion revenue shortfall in fiscal 2021, and some liberal think tanks and legislators said borrowing should not be part of the long-term solution.

"We need to raise significant amounts of progressive revenue to invest in the programs that will allow people to stay safe," said Rep. Mike Connolly, a Cambridge Democrat.

Spilka wasn't ready to start talking taxes just yet, however, telling local officials in Holliston during a visit with the Board of Selectmen that the Legislature will give Congress a little more time before trying to pass a fiscal 2021 state budget, now not likely until after the election.

Stay tuned and keep your eyes and ears open . . .

Chip Ford
Executive Director


Full News Reports Follow
(excerpted above)

The Boston Herald
Wednesday, September 30, 2020
A Boston Herald editorial
Tax hikes should be last resort as state seeks revenue

The coronavirus pandemic did a number on the state budget as revenues plummeted but funding for services still had to be maintained.

Hence, a flurry of borrowing to keep Massachusetts afloat.

But we’re not out of the woods. A projection earlier this month for the State House News Service by the Center for State Policy Analysis at Tufts University suggests a nearly $1.6 billion reduction in anticipated fiscal 2021 tax revenues.

Last week, Gov. Charlie Baker said the state should be able to close out fiscal 2020 and manage through fiscal 2021, but he was concerned about where Massachusetts would be financially in FY 2022.

“Long story short, the FY20 budget is going to be fine, alright,” Baker said. “Generally speaking, we think (fiscal 2021) we can work our way through. But (fiscal 2022) we believe it’s going to be important for the feds to support states and municipalities.”

According to the News Service, Massachusetts Budget and Policy Center, a state finance think tank, says it's time for lawmakers to consider other ways to fill budget gaps, other than borrowing money.

They include tapping into the state’s $3.5 billion reserves and adopting “new policies to increase revenue.”

Translation: raising taxes.

MassBudget makes an excellent point in stating that debt must be paid back, and one short-term borrowing option — a $7.86 billion credit line through the U.S. Federal Reserve’s Municipal Liquidity Fund — would have to be paid back by 2023.

The report from MassBudget didn’t get into specifics, but it’s previously supported options that include raising the personal income tax rate, raising the tax rate on capital gains, imposing a surtax on the sale of multi-million dollar homes, taxing large private college and university endowments, and raising various corporate tax rates.

There are difficult financial decisions ahead, but as lawmakers weigh options such as budget cuts and tax increases against borrowing even more, we think ample consideration should be given to the state of Massachusetts residents’ own finances as we head into the next few years.

Even after rent and utility moratoriums are lifted, tenants will have to repay past rent and bills. That’s a hefty financial burden, assuming they are able to secure employment. Those fortunate enough not to have missed rent or utility payments, and who remain employed, may have a partner in the household without a job, or are working through pay cuts and furloughs.

There are very few who are coming through this pandemic financially unscathed.

The surtax on the sale of multi-million dollar homes could be an extra whammy for property owners in Boston, where a proposed luxury real estate tax, introduced by Boston City Councilors Kim Janey and Lydia Edwards, would levy a 2% real estate transfer tax on residential and commercial properties assessed over $2 million. The tax would raise an estimated $169 million a year for affordable housing.

Taxing large private college and university endowments, however, is a stellar idea.

There are many balls up in the air — cities and towns may be eyeing property tax increases to mend their broken budgets as well.

The state needs to find sustainable budget solutions, understood, but many other options should be considered before turning to beleaguered taxpayers.


Boston Broadside
October 2020
40 Years Later Proposition 2½ Is Under Assault, Again
By Chip Ford


This November taxpayers will celebrate the 40th anniversary of Proposition 2½.  Citizens for Limited Taxation’s (CLT) ballot question was adopted by the voters in 1980 after a furious campaign to defeat it by self-serving interests vested in ever-increasing property and vehicle excise taxes.

From its inception Proposition 2½ was detested by those never satisfied that they’ve extracted enough from taxpayers.  For decades CLT has managed to fend off numerous attacks time and again.  Those assaults were usually clear, direct, and obvious.

http://cltg.org/cltg/clt2020/images/Boston_Broadside.jpg

Not anymore.  Now they are stealthy, typically buried in some obscure language within an unrelated “must pass” major bill.  A recent example was the “Community Benefit Districts” in 2018, stashed deep within the massive Economic Development bill.  It would have created a whole new level of government — neighborhood districts — each with its own power to tax property above and beyond the limitations on municipalities imposed by Prop 2½.  CLT managed to kill that sneak attack just moments before the Economic Development Law was passed.

We weren’t as successful last year with another end-run, this one snuck into the $1.5 billion Education Funding Reform Law to “analyze the impact” and “mitigate the constraints” of Prop 2½.

This year’s clandestine attack was secreted in the Senate’s Transportation Bond Bill, which addresses massive state borrowing and spending of over a billion dollars for transportation projects.

Section 5 of S-2813 is titled "Local and Regional Transportation Initiatives."  Its twelve pages of the 61-page bond bill creates a new scheme for circumventing Prop 2½ by providing cities and towns another means of funding municipal transportation costs for a “qualifying transportation project” outside and beyond the restrictions of Proposition 2½.

A qualifying transportation project is defined as "a project or program for the planning, design or construction of public or mass transportation transit systems, transit-oriented development, roads, bridges, bikeways, pedestrian pathways or other transportation-related projects."

Those are costs historically borne by municipalities funded within their budgets by overall municipal revenue, assisted by Chapter 90 funds rightly provided by the state.

If more revenue is thought necessary for any municipal need, Proposition 2½ provides a mechanism: Operational overrides and debt exclusions.  This has worked well for four decades, with debt exclusions proposed and adopted for a multitude of unbudgeted projects such as sewer systems; new schools and municipal buildings; purchase of fire trucks and police equipment; snow plows and other municipal equipment, etc.

If this becomes law it will create a slippery slope precedent that can only expand: Municipal government responsibilities funded à la carte.

Consider a future city or town ballot menu: Police protection, vote yes to raise your taxes; continuing a fire department, vote yes to raise your taxes; public works, vote yes to raise your taxes; schools and education, vote yes to raise your taxes.

It now sits in the House/Senate Transportation Bond Bill conference committee comprised of six members.  The House’s bill and the Senate’s have little in common.  Whatever is finally agreed to and reported out cannot be amended.  It will be quickly passed with a rubber-stamp vote, whisked to the governor for his signature, and will become law.  If it is to be stopped that must happen now, in the conference committee.

For more information or to make a contribution to keep CLT fighting for you visit our website at http://cltg.org.

Chip Ford is executive director of Citizens for Limited Taxation: “46 years as ‘The Voice of Massachusetts Taxpayers.’”)


State House News Service
Wednesday, September 30, 2020
Baker: Reserves, Borrowing Not Needed for Fiscal 2020
Cap Gains, Slowed Spending Help Address Shortfall
By Colin A. Young


State tax collections in the fiscal year that ended June 30 came up about $693 million short of expectations, mostly driven by an evaporation of sales tax revenue, Gov. Charlie Baker said Wednesday as he filed a bill to close the books on fiscal year 2020 without borrowing or tapping the state's reserves.

The $424 million supplemental budget (HD 5307) carries a net state cost of $197 million, which Baker said is mostly to cover expenses at MassHealth, the state's Medicaid program.

The governor said Massachusetts does not need to dip into its $3.5 billion Stabilization Fund to close the books on FY20 in part because state spending, which is managed by the executive branch, was slowed in the spring as the COVID-19 pandemic upended state programs.

Baker said the FY20 budget shortfall "was less severe than some had feared" in part because businesses and employees generally adapted well to remote working and others were kept afloat with unemployment insurance, which contributed to income tax withholding revenues meeting expectations set before the pandemic hit.

"Outside of taxes, the budget picture was a complicated mix of puts and takes," Baker wrote to lawmakers in his filing letter. "Certain non-tax revenue, such as gaming revenue, fell short of budgeted forecasts. Spending in many areas of the budget slowed down, as COVID-19 prevented budgeted activity. Spending directly related to the COVID-19 response spiked in the spring, generally supported by federal aid. ... A temporary higher federal reimbursement rate for MassHealth also helped mitigate the budget impacts of a difficult spring."

The governor's closeout supp proposes keeping certain FY20 capital gains taxes in the state's General Fund to help plug the FY20 gap rather than seeing them transferred to the Stabilization Fund. Baker said his proposed change "will allow us to close FY20 more cleanly while also reducing the impact of FY21 tax shortfalls."

The Executive Office of Administration and Finance told the News Service that approximately $390 million in capital gains taxes is expected to remain in the General Fund if the proposal is adopted, though the final amount would have to be certified by the Department of Revenue.

Baker also proposes carrying over $108 million in FY20 appropriations into FY21, a result of spending slowdowns. "Over half of this amount, $63 million at the Group Insurance Commission, would use an FY20 surplus to cover the future costs of public employee and retiree health care deferred due to COVID-19," the governor wrote.

The bill proposes several non-budget policy changes, including a clarification to the Paid Family and Medical Leave Act dealing with personal care attendants, allowing extended emergency civil service appointments if medical exams or physical tests cannot be held, granting the University of Massachusetts access to a short-term line of credit to help with operating costs, and letting the Department of Environmental Protection issue electronic notices of non-compliance.

The governor also included re-filed sections of old bills, including an allowance for the MBTA to use some capital funds to pay employees, and restricting transportation network companies like Lyft and Uber from implementing surge pricing during a state of emergency unless the Department of Public Utilities approves it.

Wednesday's filing of an FY20 closeout supp kicks off a process that has turned somewhat ugly in recent years.

Every year, the state comptroller must finalize the books on the fiscal year that ends June 30 and file the state's annual Statutory Basis Financial Report by Oct. 31. The comptroller cannot prepare the SBFR until the Legislature passes and the governor signs a closeout supplemental budget.

In recent years, lawmakers have waited longer and longer to pass that bill, taking it up in October or even November, rather than August or September as they used to do in the late 1990s and early 2000s. The lateness of the closeout supp devolved into a staring contest between former Comptroller Andrew Maylor and the Legislature last year -- when Baker got the ball rolling on Sept. 6.

The Legislature took negotiations over last year's closeout supp later into the year than any time since at least 1995, forfeiting more than $1 million in interest that the state could have earned had lawmakers completed their work on time. This year is sure to be more complicated and the process is starting more than three weeks later.

"As we roll out into September, we're aware of the dates but with the delay in a number of tax types from April, this has become an incredibly complex close," Michael Heffernan, the Baker administration's secretary for administration and finance, said earlier this month.

Massachusetts moved the deadlines for personal income tax returns and payments from April 15 to July 15 and deferred some sales, meals and room occupancy tax payments to September as a result of the COVID-19 pandemic, and the Department of Revenue was still collecting millions of dollars of revenue for fiscal 2020 into August.

Baker's closeout supplemental budget will likely head first to the House Ways and Means Committee and it might have some company as it knocks around the House and Senate this fall.

In addition to dotting their Is and cross their Ts on the FY20 budget, lawmakers also have to craft an annual budget for the fiscal year that began July 1.

A $16.53 billion interim budget will keep state government operating through at least the end of October, but no revised fiscal 2021 budget has emerged as state government heads deeper into the fall.


State House News Service
Thursday, October 1, 2020
Spilka: Baker Budget Refile May Spark Post-Election Debate
Rodrigues Amends Budget Goal to "Soon as Possible"
By Matt Murphy


Senate President Karen Spilka told local officials in her district this week that action on the overdue annual state budget is unlikely to happen in the Legislature until after the November election, a softer target than the more ambitious goal articulated earlier in the week by the Senate's budget chief of making decisions on how to spend billions in tax dollars by the end of October.

Spilka also said that Gov. Charlie Baker may be planning to file an updated version of the pre-pandemic fiscal 2021 spending plan he put forward in January, which would become the jumping off point for the House and Senate to craft their own budgets for the fiscal year that began on July 1.

"Currently the state budget has been delayed, as you know," Spilka said, appearing before the Holliston Board of Selectmen and the town finance committee on Tuesday night. "We are waiting on certain factors."

"We will also know more after the election. If the feds have not done anything with a stimulus package, a second one, before that, we'll have a better idea as to how to interpret that with the election," Spilka said, according to a recording of the meeting reviewed by the News Service.

The comments made by the Senate's top Democrat add to the uncertainty of how Beacon Hill intends to proceed in the development of an annual state budget as they continue to wait for any clear signs from Congress about the prospects for additional federal aid.

On Monday, Senate Ways and Means Chairman Michael Rodrigues said his goal was to have a budget passed and on Gov. Baker's desk by the end of the month when a three-month, $16.5 billion interim budget expires. "Our idea is to get it done by the end of October. I'm here today. I'm here every day. We are working," Rodrigues said at the State House.

Rodrigues told the News Service on Thursday that he didn't mean to imply it had to happen by the end of the month, and that his goal is to finish the fiscal 2021 budget and turn his attention to the fiscal 2022 budget "as soon as possible." He acknowledged that was different from what he said three days earlier, and said he could have been more careful in choosing his words.

After learning of the News Service's reporting, Spilka reached out to say she felt her comments were not incompatible with what Rodrigues has been saying, and that everything from the timeline for budget to the amount of money lawmakers will have to spend remains uncertain.

"We would all love to get the budget done and focus on FY22. But our need is to do it right. We need more clarity ... ," she said, pointing to renewed talks in Washington over relief spending. "This week alone it's changed at least three time what they're doing or not doing."

A rare post-election budget debate would mean that scores of major decisions about spending would be made in part by a lame-duck Legislature featuring some lawmakers who are retiring and others who won't be returning in January because they lost their elections.

Spilka told Holliston officials another interim budget is "very possible," and suggested the Legislature was inclined to wait a little longer to see if Congress will deliver another stimulus package with aid for states and municipalities.

"There are people saying we can hold out for months. I'm not so certain. Eventually, we are going to need to do a full-year budget," Spilka said, later specifying, "We need to have a balanced budget and we need to get it done, I would say hopefully before this year is out, this calendar year."

Spilka went before the board with Rep. Carolyn Dykema, of Holliston, to update the town on status of the state budget as local officials try to plan their own finances for the year.

She noted that Rodrigues and House Ways and Means Chairman Aaron Michlewitz, whose committee has custody of the governor's fiscal 2021 budget bill, meet every Monday morning to discuss budget planning, but said the uncertainty in Washington has made moving forward difficult.

"We have no idea at this point what the federal government is doing. We need relief. It really is dependent a lot upon what the feds do in terms of us putting together a budget, but we will have a full year budget," Spilka said.

Next Wednesday, the Ways and Means committees have invited economists and other fiscal experts to offer updated projections for tax revenues for the remainder of the fiscal year. The hearing falls about a week before the annual Oct. 15 deadline for the administration to make adjustments to annual revenue projections that were agreed to by the administration and the Legislature in January.

"The administration is required to certify revenues by Oct. 15 and they may be filing another budget, a revised budget from what they did last January. We're not certain," Spilka said.

A spokesman for Administration and Finance Secretary Michael Heffernan would not say whether Baker intended to file another budget, only that the administration was working with legislative leaders. But officials in both the House, Senate and administration told the News Service that a new budget from Baker is on the table as an option, and that votes in the Legislature were unlikely until after Nov. 3.

Holliston officials were particularly concerned that Beacon Hill's promise to level fund unrestricted local aid and Chapter 70 school aid, with a $107 million boost for inflation, might get broken if Congress doesn't come through with additional relief.

Spilka assured them that would not happen.

"We have given our commitment. The Senate, the House and the governor. You don't get much better than that in this business," Spilka said.

The Ashland Democrat, however, did say that support from Washington would go a long way toward alleviating financial pain in states like Massachusetts, where Gov. Baker confirmed Wednesday that the COVID-19 pandemic took a $693 million bite out of expected revenues in fiscal 2020 and Spilka said the Senate was "guestimating" that revenues could drop up by up to $5 billion in fiscal 2021.

Tax collections over the first two months of fiscal 2021 are actually on the rise compared to last year, with a report due next week on collections for September, which is typically a major month for tax receipts.

House Speaker Nancy Pelosi and Treasury Secretary Steve Mnuchin revived stalled talks Wednesday over a stimulus package, but were unable to reach a deal as negotiations spilled over into Thursday.

Spilka said the $3.4 trillion Heroes Act passed by the House would mean $10 billion for Massachusetts, but the latest talks have revolved around a significantly smaller package of aid.

Pelosi on Thursday said she's optimistic that Republicans and Democrats can reach a deal on the next round of coronavirus stimulus funding and that she hopes to bring a bill to the floor for a vote later in the day.

Asked about taxes if the federal government doesn't come through, Spilka said there are "other ways and other ideas."

"We have options, but we don't want to start going down the path of one option if we're going to end up getting a decent amount in the federal stimulus," she said.

In addition to the $3.5 billion "rainy day" fund, Spilka said legislators could employ an accelerated sales tax collection schedule that has been discussed for years, and would offer a one-time shift of hundreds of millions in sales taxes from one fiscal year to another.

The Baker administration filed a spending bill Wednesday to close out fiscal 2020 without resorting to state reserves or borrowing to address the revenue shortfall, instead proposing to avoid a large capital gains tax deposit in the rainy day fund to help close last year's deficit. While Baker did not make formal spending cuts in response to last fiscal year's revenue downturn, the administration says spending slowed down.


State House News Service
Thursday, October 1, 2020
Michlewitz Flags Budget “Starting Points”
HW&M Chair Won't Commit to Budget Timetable
By Colin A. Young


One of the lawmakers most responsible for crafting a budget for the fiscal year that began in July expects the budget process to get a reboot by the middle of this month when Gov. Charlie Baker's administration puts forward updated revenue assumptions.

Baker started the annual budget process in January when he filed a $44.6 billion proposal, but the COVID-19 pandemic brought work on the budget to a screeching halt and Massachusetts has been operating on a series of temporary budgets -- which are due to expire in about a month -- since July 1.

House Ways and Means Committee Chairman Rep. Aaron Michlewitz told the News Service he expects the budget process to get back into gear starting next week when he and other state budget managers will hear updated economic assessments from a variety of experts.

"I'm hopeful that October 7 will provide us a little more substantial depiction or forecast in terms of where we're going to go. And at that point in time then the governor has, by statute, he has to reassess the revenue number by October 15," Michlewitz said in an interview that will be featured on an episode of the "State House Takeout" podcast to be released Friday. "And so I think that'll be a good framework of really kickstarting the budget process and getting it moving."

As far as when the long overdue fiscal year 2021 budget gets done, Michlewitz falls somewhere between Senate Ways and Means Chairman Sen. Michael Rodrigues, who has said he wants a budget done by the end of October, and Senate President Karen Spilka, who told local officials this week that budget action on Beacon Hill will likely come after the Nov. 3 presidential election.

"We have two pieces there -- October 7, the roundtable and then October 15, the reconfiguration of the revenue numbers -- two starting points. And we're working hard to try to get it done as quickly as we possibly can, but I don't want to place arbitrary timetables on it because I think for us these are going to be difficult decisions and I want to make sure we get them right, or as right as possible," he said. "And if that means we get it done by October 31, then that's great. But if we don't, then I think we'll have to consider other options."

The House and Senate usually process their annual state budgets in April and May with the goal of having a plan in place for the July 1 start of the fiscal year. The pandemic canceled that schedule and the House agreed to a rule change calling for a budget plan by July 1, but has still not released a spending plan.

By not passing a state budget so deep into the fiscal year, the Legislature has ceded authority over spending decisions to Baker for the first third of the budget year. Without including myriad spending directives as they usually do in a state budget, lawmakers passed a $5.5 billion budget to cover expenses in July and then approved a three-month $16.5 billion budget.

Two months into the fiscal year, state tax collections are running $124 million or more than 3 percent ahead of their pace one year ago, the Department of Revenue reported early in September, a promising sign given predictions of a revenue collapse this fiscal year.

"It's certainly good news, in particular because we've had such bad news over the previous couple months. So any glimmer of hope, I think we are running with and being hopeful with. But I think it's still early to be definitive in saying that this is a trend of positive things to come," he said. "There's still a little bit more time that needs to be played out. And like I said, September will be another stepping stone towards understanding where we are and in a more accurate way."

By the time Michlewitz, Rodrigues and Administration and Finance Secretary Michael Heffernan hear from economists and other experts Wednesday morning, DOR is expected to have announced September's tax collections and lawmakers will have a better picture of where things stand at the quarter pole of the fiscal year.

As if crafting a spending plan for the rest of fiscal 2021 was not enough, the Legislature and governor still must close the books on fiscal year 2020, which ended June 30.

The $424 million supplemental budget (HD 5307) Baker filed Wednesday to put fiscal 2020 to bed was sent to Michlewitz's committee Thursday. The chairman said his staff was still vetting the bill, but he said the governor's proposal to plug the fiscal 2020 gap without touching the state's $3.5 billion rainy day fund is the right way to go at it.

"That was something that we felt was the necessary approach because of just the dramatic impact that we are going to see in FY 21, potentially in FY 22, and even beyond," Michlewitz said. "Touching the rainy day fund is something that we want to be very clear is one of the last resorts that we want to do. And so if we can get through FY 20 without touching it -- and I think the governor has accomplished that with what he's filing here -- I think that that's what the direction we'll want to take as well."


State House News Service
Monday, September 28, 2020
Rodrigues Still Planning for October Budget
Timeframe Would Require Extensive House-Senate Collaboration
By Matt Murphy

The House and Senate may be getting ready in unprecedented economic times to attempt to do in three weeks what would ordinarily take three months, according to the Senate's top budget writer. That would be to draft and put an annual state budget on Gov. Charlie Baker's desk.

But exactly how the Legislature would accomplish this feat remains to be explained.

The House and Senate Ways and Means committees, along with Administration and Finance Secretary Michael Heffernan, plan to welcome back a slate of economic experts and fiscal prognosticators next week for the second time during the pandemic to help them forecast tax revenues for the last nine months of the fiscal year.

After that hearing, the leadership on Beacon Hill will need to agree to a revised tax estimate for fiscal 2021 and build spending plans around that anticipated revenue. The assumption is that forecasts will have improved since April when experts were predicting as much as $6 billion in lost tax revenue.

But in a typical year, the act of formulating a revenue estimate usually takes a month, following by the governor filing a budget in January. The House in April then releases and debates its version of the governor's budget, followed by the Senate in May. Each of those debates usually takes about three or four days apiece. That leaves about a month - and sometimes longer - for a conference committee of negotiators from both branches to iron out many budget differences and send the governor a consensus budget for his review.

Senate Ways and Means Chairman Michael Rodrigues confirmed to the News Service Monday that it's his intention that all of those steps will be finished by Oct. 31, when a more than $16 billion interim budget authorization expires.

"Our idea is to get it done by the end of October. I'm here today. I'm here every day. We are working," Rodrigues said as he exited the Senate chamber, wearing a Westport Wildcats cloth face mask.

Rodrigues said no decision has been made on whether House and Senate leadership will try to pre-negotiate a budget before presenting it to their full membership for amendments, but the Westport Democrat said leaders are hoping to avoid having to pass another interim budget. Senate Democrats plan a caucus on Thursday, and no one outside of Rodrigues, including no one from the House, has outlined any sort of time frame for consideration of a budget.

With the revenue roundtable planned for next Wednesday, the Legislature would have a little more than three full weeks after hearing from economists to finish its budget. It's a stretch that coincides with the buildup to the November election when legislators would otherwise be focused on their own reelections, or campaigning for colleagues and other candidates for state and federal office.

Passing something as large and complex as a state budget in such a tight timeframe would also require a level of cooperation between the leadership of the two Democrat-controlled chambers unseen during this first session of Speaker Robert DeLeo and Senate President Karen Spilka working together.

Gov. Baker last week said his administration has been working closely with legislative leaders, and expressed confidence in being able to "work our way through" the current fiscal year. But Baker's comments came during the same press conference that he ripped into Congress for failing to compromise on a new round of coronavirus stimulus spending that would send aid back to states.

Rodrigues, who has suggested the state will need to draw heavily from its $3.5 billion cash reserve, said state lawmakers can't wait on Congress for much longer.

"It's getting less certain that we're going to have any sort of help from the feds at all. And that's critical. That's something we were hoping, back in July, for certainty from the the feds. Unfortunately down in D.C., they're not working, so we will work up here," Rodrigues said.

The Legislature punted on trying to devise a full-year spending plan while in the throes of the COVID-19 pandemic this spring, and extended its session indefinitely past July 31 knowing that the budget would have to be dealt with before the end of the year.

Senate leadership also told members that they may be called back to vote on emergency COVID-19 legislation or one of the five conference committee reports -- police reform, economic development, health care, transportation borrowing and climate change - if and when deals are reached.

"None of those are on the horizon as we speak, the budget being probably the closest," said Rodrigues, whose committee processes most bills -- with the exception of conference committee reports -- before they land on the Senate floor for consideration.

So how does the Ways and Means chairman expect to finalize a budget in just three weeks?

"We'll see. Good question. I'll have to make sure I eat my Wheaties," Rodrigues said.


State House News Service
Friday, October 2, 2020
Weekly Roundup - Debatable Strategies
Recap and analysis of the week in state government
By Matt Murphy


Strap on your roller skates. Grab your laser tag gun. And, for goodness sake, wear a mask.

The season everyone feared - fall - is here, and COVID-19 cases are, in fact, on the rise in Massachusetts. While no one is yet saying the second surge has arrived, some epidemiologists and medical professionals, like Massachusetts Medical Society President Dr. David Rosman, are warning policy leaders to proceed with caution.

That didn't stop Gov. Charlie Baker from moving ahead with economic reopening plans, fueled by the belief that social and business activities can resume safely in communities that look to have the virus under control.

And that, of course, means distancing and wearing masks.

Despite a week of elevated case counts and a positive test rate that by some measures is approaching 3 percent, Baker on Tuesday greenlighted the reopening of a host of new businesses, from roller rinks and trampoline parks to indoor concert and performance venues, with half-capacity, or 250 people, limits.

"If people are going to go inside, which they probably will, I would much rather have them go inside in organized and supervised ways with rules than in unorganized, unsupervised ways with no rules," the governor said.

The only catch is that those businesses must be located within a community that's been gray, green or yellow for the past three weeks, meaning less than eight cases of COVID-19 for every 100,000 people per day.

And that does not include the city of Boston.

Mayor Marty Walsh said his city would not be reopening concert halls and theaters after the capital tipped into the red category with a daily incidence rate of 8.5 new COVID-19 cases for every 100,000 people.

Walsh sounded a lot of the same notes that Baker does when talking about spikes in cases, blaming irresponsible individuals, including college students, for pockets of infection rather than a more systemic problem.

"I do get frustrated because here we are today laying down millions of dollars to open school, we have businesses on the verge of bankruptcy, we have restaurants that need to open up, we have arts venues that need to open up, we have people that have to come back to work and we're in the process of [being] concerned about do we have to shut everything down again because 25 here, 25 there, 25 people over here decided to get together and have a party and raise the number in Boston to get us to the red point," Walsh said.

In other words, if everyone just wore their masks and kept their distance...

Because not even the president of the United States can be properly insulated from the virus

After a debate on Tuesday night with Joe Biden that became memorable for all the wrong reasons, Trump revealed early Friday morning that he and First Lady Melanie Trump - along with senior advisor Hope Hicks - had contracted COVID-19, upending the election in ways a belligerent debate performance never could.

Suddenly, Biden calling Trump a "clown," and telling him, "Will you shut up, man," no longer had pundits breathlessly parsing those words.

Even before Trump's diagnosis attracted the eyes of the nation to the capital, Beacon Hill was watching Washington closely. Everyone from Gov. Baker to Senate President Karen Spilka has been waiting on Congress to deliver another round of coronavirus relief. Let's hope they're not holding their breath.

Even after talks were resuscitated between Speaker Nancy Pelosi and Treasury Secretary Steve Mnuchin, there was no deal to be had. The House wound up pushing forward with a largely symbolic vote on a slimmed down $2.2 trillion version of the Heroes Act that had zero chances of advancing in the Senate, basically leaving Congress where it started the week -- nowhere. The new relief bill passed 214-207, with 18 Democrats, but none from Massachusetts, voting no.

Without federal aid, Spilka said the Senate was "guestimating" a $5 billion revenue shortfall in fiscal 2021, and some liberal think tanks and legislators said borrowing should not be part of the long-term solution.

"We need to raise significant amounts of progressive revenue to invest in the programs that will allow people to stay safe," said Rep. Mike Connolly, a Cambridge Democrat.

Spilka wasn't ready to start talking taxes just yet, however, telling local officials in Holliston during a visit with the Board of Selectmen that the Legislature will give Congress a little more time before trying to pass a fiscal 2021 state budget, now not likely until after the election.

In saying that, she basically threw cold water on the suggestion earlier in the week by Senate Ways and Means Chairman Michael Rodrigues that completion of the budget before the end of October was not only a possibility, but his goal.

Rodrigues is now saying he hopes to get a budget done "as soon as possible," and his counterpart in the House, Rep. Aaron Michlewitz, is expecting the Baker administration to update revenue projections for the rest of the fiscal year by Oct. 15, after officials hear next week from economists.

That revenue update, according to Spilka and other officials, could include the filing of a completely revised budget from the governor, which would jumpstart a process that has been stalled since March.

One positive sign for the state's ability to get through the next couple of years is that Baker was able to file a budget bill to close-out fiscal 2020 this week that did not borrow or draw down on the state's $3.5 billion "rainy day" fund, despite tax collections ending the year $693 million below expectations.

Instead, Baker is relying on unspecified slowdowns in spending during the pandemic and a proposal to cancel a planned deposit of some capital gains tax revenue into reserves.

The pandemic pain inflicted on the budget last year was not as bad as had been feared, Baker said, and officials are hoping the same will be said of fiscal 2021.

The economic pain, however, has not been fully relieved, and housing advocates are warning that if the state's eviction moratorium is allowed by Gov. Baker to expire on Oct. 17 between 20,000 and 80,000 people could lose their homes.

Both the governor and Rep. Kevin Honan, the House chair of the House Committee, said they are talking with the courts about possible courses of action.

In the meantime Honan's committee advanced his own bill (H 4878) that would freeze evictions and rent increases for a year beyond the end of the COVID-19 emergency, and extend financial protections to small landlords as well.

Need more to worry about? Well, if you live near the Weymouth compressor station you were given reason to be concerned.

Because after the second forced shutdown of the brand new natural gas plant this week, Enbridge said it would be pausing operations and the feds ordered it shut down until the company can properly investigate the cause for the latest shutdown and put together a response plan.

Opponents of the controversial compressor station have long said it should never have been permitted.

But in another industry this week, gaming regulators were feeling good enough about their decision to license the five-year-old slots parlor in Plainville that they handed Plainridge Park Casino another five years to operate.

STORY OF THE WEEK: A resurgent virus doesn't stop targeted economic reopening plan


State House News Service
Friday, October 2, 2020
Advances - Week of Oct. 5, 2020

With COVID-19 cases on the rise, the state's four largest cities and many other large communities won't be able to move ahead with the type of economic reopening measures that Gov. Charlie Baker has permitted, beginning on Monday. Baker has given the go-ahead to a range of new activities, saying he's convinced it's safe to do so in lower risk communities, but the governor is facing calls for a less aggressive reopening posture since so many heavily populated communities are coded red, marking the highest risk of virus transmission under his administration's system. The newest reopening stage, combined with the recent rise in cases and the resumption of in-person schooling, are creating some extra unease during these early days of October.

The news of President Trump's positive COVID-19 test on Friday sent another shockwave rippling through 2020, and kept the U.S. focused on Washington where the Senate is about to vet his nominee to the U.S. Supreme Court, Amy Coney Barrett, and talks about a COVID relief bill won't die, in part due to the desire across sectors of the economy for relief measures and initiatives that provide economic fuel.

House Democrats have come down to $2.2 trillion from their $3.4 trillion plan in May and Republicans have come up from their initial proposal, with White House economic advisor Larry Kudlow saying Friday that Treasury Secretary Steven Mnuchin told him a $1.5 trillion deal was something viewed as possible by the White House. It seems there's a targeted deal to be had in there somewhere, but the sides aren't yet willing to say yes to a compromise.

"The bid and the offer has narrowed but it's still pretty far apart," Kudlow told Bloomberg TV. Kudlow said Trump is willing to support more spending than Senate Republicans and that he doesn't have a deadline in mind for talks since there's "way too much hardship" out there in the U.S.

On Beacon Hill, the drawn-out stimulus talks in Washington seem to have immobilized state budget writers. Massachusetts is now into its fourth month running on interim budgets and the Legislature and Gov. Charlie Baker have not even proposed a fiscal 2021 budget, which will actually only cover spending for, at most, the last eight months of the fiscal year.

Legislators and the Baker administration reconvene economic experts to hear updates on the uncertain outlook, which has improved since their last gathering in April, and there are signs that the Baker administration will soon get the budget ball rolling with a refiled fiscal 2021 budget based on revenue assumptions that will be revised by an Oct. 15 state finance milestone marker.

House Ways and Means Chairman Aaron Michlewitz told the News Service this week that a similar hearing held in April was helpful, but that he expects the economists and others to have a clearer sense of what's in store now that they've observed almost six months of pandemic era data.

"I don't want to downplay anything that they told us in April, but I think a lot of us were relatively not sure about -- even though we were saying things I'm not necessarily sure we were being completely 100 percent certain in our accuracy because of just the inexperience we had with dealing with a global pandemic and the economic fallout of that," he said. "I'm hopeful that October 7 will provide us a little more substantial depiction or forecast in terms of where we're going to go." The chairman said he expects the Wednesday hearing, followed by updated revenue assumptions due from Gov. Baker by Oct. 15, will reboot the budget process.

.... The week ahead is also scheduled to bring the lone debate between Sen. Edward Markey and Republican Kevin O'Connor (Monday) and the only debate between Vice President Mike Pence and Democrat Kamala Harris (Wednesday) ... The Supreme Judicial Court gavels in Monday at 9 a.m. for the first time since Chief Justice Ralph Gants died ... Mail-in and early voting are the topics Secretary Galvin wants to talk about at a Monday morning press conference ... The MBTA Board delves more deeply into the unpopular options on the table in the face of plummeting ridership numbers ... And lawmakers convene a hearing on Tuesday to explore the pandemic's impacts on higher education ...

Wednesday

FISCAL OUTLOOK HEARING: More than three months into fiscal 2021, state officials still in search of a budget proposal plan to call economic experts back to Beacon Hill to learn their latest views of the economic and fiscal impacts of the COVID-19 pandemic on Massachusetts. Secretary of Administration and Finance Michael Heffernan, Senate Ways and Means Chair Michael Rodrigues and House Ways and Means Chair Aaron Michlewitz are hosting the virtual roundtable.

Gov. Charlie Baker has not made any announcements about how he'll balance the fiscal 2020 budget nor has he offered a redrafted fiscal 2021 budget. Baker in January filed a billion fiscal 2021 budget but that bill is widely viewed as irrelevant now since it was crafted before the pandemic threw state spending and revenue patterns out of whack.

The House usually proposes its annual budget in April but this year agreed to extend that deadline to July 1. But no budget emerged by that date and legislators and Gov. Baker have used boilerplate interim budgets to keep government open over the first three months of the fiscal year, with enough money set aside to also keep services operating and people employed through October.

"The economic roundtable that was held in April helped us get a better grasp on the current and future fiscal health of the Commonwealth. Now, as we make our way through the remainder of fiscal year 2021 and look towards fiscal year 2022, it is crucial that we have as clear of a picture as possible before we make any significant budgetary decisions," Michlewitz said.

The State House remains closed to the public and the hearing will also be closed to the public, with participants in the hearing room practicing social distancing. The roundtable will be broadcast on the Legislature's website. (Wednesday, 10 a.m., Room A-2, State House)


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