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CLT UPDATE
Monday, November 22, 2021

More on Halting TCI and the Increasingly Dysfunctional Legislature


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

Gov. Charlie Baker threw in the towel on his transportation climate initiative on Thursday just days after Gov. Ned Lamont of Connecticut did the same thing in his state....

Lamont indicated he might revisit joining the initiative after next year’s election, but Baker’s statement indicated he intends to move on and not look back. It’s a stunning turnaround for a concept that once attracted the interest of a dozen northeast and mid-Atlantic states and became a linchpin of the Baker administration’s plan for reaching net zero greenhouse gas emissions by 2050....

Massachusetts was the only state supporting the transportation climate initiative until Thursday. The governors in Rhode Island and Connecticut couldn’t get it through their legislatures; Baker had the power to sign on because of earlier legislation giving him the authority to act on his own....

Paul Craney, a spokesman for the Massachusetts Fiscal Alliance, which opposed the transportation climate initiative, said he was glad Massachusetts finally abandoned what he called a “regressive gas tax scheme,” which he said would have hurt the middle class and the working poor the most. He thanked his allies in the fight — Citizens for Limited Taxation, the Beacon Hill Institute, the National Federation of Independent Business, Massachusetts Republican Party chairman Jim Lyons, and Boston Herald columnist Howie Carr.

CommonWealth Magazine
Thursday, November 18, 2021
Baker pulls the plug on transportation climate initiative
Abandons cap-and-invest plan after Lamont’s decision to back away in CT


Providence, RI Just one day after Governor Dan McKee's office confirmed that the governor continues to support the Transportation and Climate Initiative (TCI), his administration reversed course and announced that it was dropping its effort to adopt the initiative.

GoLocalProv
Friday, November 19, 2021
McKee Drops Support for Transportation and Climate Initiative


After both Massachusetts and Connecticut’s governors pulled out of the Transportation and Climate Initiative, citing waning support and higher gas prices, Rhode Island has also has left, putting the nail in the coffin on the multi-state partnership.

“The Transportation and Climate Initiative depends upon the involvement of at least three jurisdictions to go forward as a program,” said Ocean State Department of Environmental Management Acting Director Terrence Gray in a statement. “Recent events in Connecticut and Massachusetts, however, have made clear that at least for the time being, Rhode Island must explore other options in clean transportation.” ...

Paul Diego Craney of the conservative watchdog organization Mass Fiscal Alliance, one of the most vocal opponents of TCI, praised the move.

“We are pleased to see the TCI scheme completely surrendered,” he said in a statement. “We would not have settled for anything but an unconditional surrender of the scheme. Rhode Island motorists don’t deserve to be on an island on its own, so their state’s motorists can be thankful this Thanksgiving holiday season.”

The Boston Herald
Saturday, November 20, 2021
Rhode Island, the final state, pulls out of TCI


Gov. Charlie Baker’s surprise move to dump the unpopular climate initiative compact could be the strongest signal yet that he has his eyes on a third term.

The Transportation and Climate Initiative, or TCI, would have raised already skyrocketing gas prices and given fuel to Baker’s potential Republican opponent, former Rep. Geoff Diehl.

Now that the Republican governor doesn’t have to contend with the impacts of TCI, he can avoid getting blamed for gas tax hikes and shortages, though he won’t rid his administration of the stain of the failed initiative.

“It’s a failed program for him now,” said Paul Diego Craney of the MassFiscal Alliance, the major opponent of TCI. “Republican primary voters are not going to forget that at all.”

TCI could still be a potent issue for Diehl even though it’s on the scrap heap....

“It doesn’t go away just by dropping out,” Craney said. “I suspect (Diehl) will use it all the way to the end of the primary.”

Diehl also can gloat his way through the campaign reminding voters that he was always opposed to TCI and was protecting motorists from massive gas tax hikes. And Democrats may have an opening now to attack Baker for failing to do enough to combat climate change.

The Boston Herald
Friday, November 19, 2021
Charlie Baker jettisons failed TCI, but will voters remember?
By Joe Battenfeld


Progressives say the only way to achieve their climate goals is to raise the price of fossil fuels. Their problem is that consumers don’t want to pay more for energy, and as the latest proof behold Connecticut Gov. Ned Lamont’s retreat this week from a Northeast state climate pact.

Last December the Governors of Rhode Island, Connecticut and Massachusetts and the mayor of Washington, D.C., joined a cap-and-trade scheme to reduce carbon emissions from fuel....

Mr. Lamont finally gave up trying to pass the scheme this week. “Look, I couldn’t get it through when gas prices were at historic lows. So I think the legislature has been pretty clear it is a tough rock to push when gas prices are so high,” he said. Massachusetts GOP Gov. Charlie Baker then threw in the towel too, causing the climate pact to effectively combust.

Mr. Lamont is running for re-election next year, and perhaps the close race this month in New Jersey gave him pause. Even liberals don’t want to pay more for energy to make an insignificant reduction in global emissions. Washington State voters have twice shot down a carbon tax. This summer the Swiss rejected higher taxes on driving and flying in a referendum. Maybe the death of fossil fuels that we’ve been told is inevitable isn’t so inevitable.

The Wall Street Journal
Friday, November 19, 2021
Opinion | Review & Outlook
The Northeast Climate Pact Implodes


If state representatives want to avoid allowing mail-in voting and expanded early voting permission to lapse next month, they will need to find a way to secure a bipartisan agreement within the chamber, according to the House's top elections expert.

And while House and Senate leaders agree on some core election reform proposals, there are "a lot of different moving pieces" that they have not yet ironed out, Election Laws Committee Co-chair Rep. Dan Ryan told the News Service.

Ryan said Wednesday that he did not expect action on temporary or permanent voting reforms, and the Legislature indeed adjourned its final formal lawmaking session of 2021 without tackling the issues and with the House electing not to even open up debate on the matter....

Failing to act by Wednesday's end of formal sessions for the year leaves the near-term fate of the reforms uncertain. Supporters of the reforms could allow the policies to lapse and attempt to revive them when formal sessions resume in January, or try to enact either an extension or a permanent authorization during informal sessions, when a single member's objection could stall progress.

"We could try to do that, but of course, if one person decides they don't want it to happen, then we have to go into January and think of Plan B," Ryan said of tackling election reforms in an informal session during the holiday quiet period.

House Republicans voted against the mail-in voting budget amendment in June, at the time criticizing the process. Senate Republicans have also objected to some voting reforms.

House Minority Leader Brad Jones signaled Wednesday that his caucus may be open to another temporary extension of the COVID-19 voting policies.

State House News Service
Wednesday, November 17, 2021
Beacon Hill Leaves Voting Reforms Up In The Air


Gov. Charlie Baker is among those disappointed that Beacon Hill Democrats couldn't agree on a plan to put nearly $4 billion to work throughout the economy before breaking for a seven-week stretch of informal sessions, and is blaming a legislative decision earlier this year for causing delays.

Baker proposed spending American Rescue Plan Act funds in June, but legislative Democrats put the federal aid in a lockbox that they control and opted for a long public hearing process to gather feedback about the state's needs. They then couldn't agree on a consensus bill by Wednesday when formal sessions ended for 2021.

"The Baker-Polito Administration believes the Legislature's original decision six months ago to freeze these funds and subject them to the legislative process created a massive delay in putting these taxpayer dollars to work," Baker press secretary Terry MacCormack said. "Massachusetts was already behind most of the country in utilizing these funds before the latest setback, and further delay will only continue to leave residents, small businesses and hundreds of organizations frozen out from the support the rest of the country is now tapping into to recover from this brutal pandemic."

Negotiations among six members of a conference committee are continuing, but any agreement they might reach in the next seven weeks will require bipartisan and unanimous support since any single lawmaker can stop a bill from advancing in informal sessions. Formal sessions are scheduled to resume on Jan. 5, but there's uncertainty also about whether, under legislative rules, the appropriations bills will die at the start of the new annual session or carry over intact....

While conference talks are conducted in secret, there were some signs of discord Wednesday night. When Michlewitz signaled a deal was not within reach, Rodrigues appeared taken aback and said he lacked a "dance partner" and that "it takes two to tango." As the House abruptly adjourned at 6:25 p.m., Sen. William Brownsberger was telling senators to settle in for a lot more work that evening. Once news of the House adjournment reached the Senate, that chamber ended its session at 6:38 p.m.

State House News Service
Thursday, November 18, 2021
Baker Blames Legislature For ARPA Spending Delays
Spox: Mass. Trails Other States In Using Relief Funds


If there’s one thing our state lawmakers have historically been good at, it’s spending large pots of money.

And getting their rest.

So it’s astonishing that they have been unable to reach an agreement to spend more than $5 billion in funds, a federal gift-in-hand intended to ease the effects of the pandemic.

But it’s not astonishing at all that lawmakers adjourned for the year Thursday, leaving the issue hanging in limbo....

As legislators headed off into the sunset, Governor Charlie Baker made no secret of his frustration with them. He’s absolutely right to believe they’ve shirked their duty.

“The Legislature made a commitment to get it done before they went home for the holiday season and I can’t tell you how frustrated I am,” Baker said. “Not just for me but for all the mayors and small businesses and folks who are looking for an opportunity to do something other than what they were doing before, and getting the skills that would be required to do that.”

The money in question comes through the American Recovery Relief Act with few, if any, strings attached. And that might be part of the problem: so much flexibility allows plenty of room for disagreement and delay — and delay is an art form on Beacon Hill.

Other states have managed to figure out how to spend the money. Baker’s claim that Massachusetts lags behind other states in spending the cash seems to check out.

What does Baker want to do with the money? His wish list included spending on housing, job training, environmental and climate-related programs, and education. Those priorities were placed on the table months ago.

The Legislature moved quickly, back then, to ensure that the money could only be spent with its approval. Legislative leaders bemoaned a lack of process, and insisted that they, not Baker, should decide how to spend the money.

That’s fine, but if they were going to seize control, they own the failure of that process. ... Impressive it is not....

Lawmakers might argue that this is just a delay, that a compromise will eventually be reached.

In theory, that’s true. But in practice, the Legislature is now stuck in informal session, where nothing can pass without a unanimous vote.

Nothing major happens in informal session, and anyone who has spent any time in the State House knows this package isn’t likely to be an exception....

But as it stands now, the Legislature is effectively on break. They’ll pick this matter up in January, I guess. Or maybe they’ll just hold a few more hearings, and squabble for a little longer over who’s really in charge on Beacon Hill — them or the governor.

The Boston Globe
Friday, November 19, 2021
As billions hang in limbo, lawmakers take a breather
By Adrian Walker


The Massachusetts High Technology Council is likely to launch a court challenge to the ballot language for the so-called millionaires’ tax unless the ballot question says the tax would not necessarily increase spending on schools and transportation, it said in a letter this week....

The missive from MHTC raises the prospect of another clash before the Massachusetts Supreme Judicial Court, which struck down a previous version of the tax proposal in 2018. The proposal is now poised to go before voters as a ballot question in November 2022.

A court battle, should it come to pass, would be limited to the proposal’s language, not whether it should be on the ballot at all. Still, the MHTC’s letter drew strong rebukes from proponents of the tax on Wednesday.

In the letter, sent to Attorney General Maura Healey and Secretary of the Commonwealth William Galvin on Tuesday, the MHTC took issue with the ballot language that was to be used to describe the proposed tax in 2018. No such materials have been made public so far this year.

Back then, a summary of the proposal informed voters that revenue from the tax, subject to appropriation by lawmakers, would be used only for education- and transportation-related purposes. A description of the meaning of a “yes” vote used similar language.

The MHTC contended in the letter that the proposal does not require lawmakers to use millionaires-tax revenue to increase spending in those two areas, since they can reduce spending on education and transportation from other revenue sources, and replace it with revenue raised by the millionaires’ tax. Opponents to the tax have made the argument for years, as a reason not to pass the proposal....

The letter asks Healey and Galvin to release the proposal language as soon as possible, or at the latest by Jan. 12, so that the MHTC has enough time to challenge the language, if necessary, under guidelines previously issued by the SJC....

In the letter, the MHTC cited polling it conducted finding that when told lawmakers need not increase spending on education and transportation because of the millionaires’ tax, 72% of respondents replied that the 2018 ballot language was misleading.

Boston Business Journal
Wednesday, November 17, 2021
Business group threatens SJC challenge to millionaires tax language


One irony of inflation is that while it’s bad for working Americans, it’s great for the government. Tax revenues soar as nominal profits and incomes rise, and for evidence simply look at the boom in state and local government coffers. They’ve rarely had it so good, but don’t expect them to be frugal spenders....

Progressive states with higher tax rates are especially flush. State and local tax revenue in New York—which raised taxes on high earners this spring—is running $13.3 billion (21.3%) higher for the current fiscal year that began in April over the same period in 2019. Mind you, 2019 was a very good year for state coffers. (See nearby table.)

California continues to report record monthly tax collections even after Gov. Gavin Newsom boasted this spring of a $75 billion budget surplus. State tax revenue for the fiscal year starting in July through October is running nearly 25% over budget estimates and 33% more than in 2019.

These rich states have also received plenty of welfare from Washington. Congress has given states and local governments $885 billion in direct aid through the various Covid bills for schools, public transit, Medicaid and more. Now they’re set to get another large helping from the infrastructure deal for public transit, broadband, water systems and electric grids....

Remember when the states pleaded poverty last year? We told you they didn’t need the money, and the current data proves it. States could now be using this windfall to cut taxes, and some are, but most are spending it on new commitments that won’t vanish when the revenue boom does. Democratic states in particular are building in new structural spending in the form of higher pay and pensions for public unions. Also popular are climate-change boondoggles like New York’s “green energy transmission superhighway.”

The $4 trillion Democratic entitlement bill will put states on the hook for new liabilities once the federal largesse dries up.

The Wall Street Journal
Friday, November 12, 2021
Review & Outlook
The Inflation Revenue Dividend
State and local governments have never had so much dough.


Chip Ford's CLT Commentary

We were all shocked when Gov. Charlie Baker abruptly withdrew from his TCI "boondoggle" the day after we turned in the petitions to stop TCI to all the town clerks for certification, dropped out two days after Connecticut Gov. Lamont’s withdrawal the day before we submitted them.  All that remained of the TCI “multi-state compact” (among a dozen Northeast and mid-Atlantic states) was the city of Washington D.C. and tiny Rhode Island.

Then the final state domino fell the following day, on Friday, when Rhode Island Governor McKee announced his state's withdrawal as well.  D.C. Mayor Muriel Bowser will now have to save the planet and cripple her city's motorists singlehanded.

In CLT's announcement on Friday in my commentary I noted:

Whether or not the petition had any influence on their decisions, we're still looking to go ahead with the ballot question if we've qualified with enough signatures to move forward.  Just because a politician says something today doesn't mean he'll say the same thing tomorrow.  And there's no telling what a new governor and administration will do.

In Rhode Island's announcement of its withdrawal on Friday the state Department of Environmental Management Acting Director Terrence Gray stated on behalf of Gov. Mckee:

The Transportation and Climate Initiative depends upon the involvement of at least three jurisdictions to go forward as a program. Recent events in Connecticut and Massachusetts, however, have made clear that at least for the time being, Rhode Island must explore other options in clean transportation. . . .  I look forward to remaining in contact with my counterparts in neighboring states to continue our shared goal of tackling climate change.

When Connecticut Governor Ned Lamont was asked on Tuesday whether there is a future for TCI, the Hartford Courant reported:

Asked whether the proposal could be revived in 2023, Lamont said, “Yeah, let’s see where we are.’'


On Thursday "The Best Legislature Money Can Buy" for all intent ended this year's legislative activities for the coming seven weeks.  In Massachusetts the Legislature never calls it quits, adjourns, prorogues sine die like almost all other states it remains officially in session from January through the next January.  By remaining in "informal session" legislators continue to collect their $20,000-plus annual "travel stipend" even though nobody's moving from home and hasn't for almost two years, working remotely from there.  After over 600 days closed down and counting, the Massachusetts State House is the only state capitol besides Hawaii that prevents the public from entering, and Hawaii allows its citizens access by appointment.

So what's the excuse for these obscenely highly-paid legislators leaving so much of the people's critical business uncompleted before racing off to their latest extended paid vacation?  (They just returned to work two months ago from their taxpayer-paid month-plus summer vacation.)

On Wednesday the State House News Service reported ("Beacon Hill Leaves Voting Reforms Up In The Air"):

If state representatives want to avoid allowing mail-in voting and expanded early voting permission to lapse next month, they will need to find a way to secure a bipartisan agreement within the chamber, according to the House's top elections expert.

And while House and Senate leaders agree on some core election reform proposals, there are "a lot of different moving pieces" that they have not yet ironed out, Election Laws Committee Co-chair Rep. Dan Ryan told the News Service.

Ryan said Wednesday that he did not expect action on temporary or permanent voting reforms, and the Legislature indeed adjourned its final formal lawmaking session of 2021 without tackling the issues and with the House electing not to even open up debate on the matter....

Failing to act by Wednesday's end of formal sessions for the year leaves the near-term fate of the reforms uncertain.

On Thursday the News Service reported ("Baker Blames Legislature For ARPA Spending Delays Spox: Mass. Trails Other States In Using Relief Funds"):

Baker proposed spending American Rescue Plan Act funds in June, but legislative Democrats put the federal aid in a lockbox that they control and opted for a long public hearing process to gather feedback about the state's needs. They then couldn't agree on a consensus bill by Wednesday when formal sessions ended for 2021.

"The Baker-Polito Administration believes the Legislature's original decision six months ago to freeze these funds and subject them to the legislative process created a massive delay in putting these taxpayer dollars to work," Baker press secretary Terry MacCormack said. "Massachusetts was already behind most of the country in utilizing these funds before the latest setback, and further delay will only continue to leave residents, small businesses and hundreds of organizations frozen out from the support the rest of the country is now tapping into to recover from this brutal pandemic."

Negotiations among six members of a conference committee are continuing, but any agreement they might reach in the next seven weeks will require bipartisan and unanimous support since any single lawmaker can stop a bill from advancing in informal sessions. Formal sessions are scheduled to resume on Jan. 5, but there's uncertainty also about whether, under legislative rules, the appropriations bills will die at the start of the new annual session or carry over intact....

While conference talks are conducted in secret, there were some signs of discord Wednesday night. When Michlewitz signaled a deal was not within reach, Rodrigues appeared taken aback and said he lacked a "dance partner" and that "it takes two to tango." As the House abruptly adjourned at 6:25 p.m., Sen. William Brownsberger was telling senators to settle in for a lot more work that evening. Once news of the House adjournment reached the Senate, that chamber ended its session at 6:38 p.m.

Even Liberal Boston Globe columnist Adrian Walker was having none of it.  In his Friday column he wrote ("As billions hang in limbo, lawmakers take a breather"):

If there’s one thing our state lawmakers have historically been good at, it’s spending large pots of money.

And getting their rest.

So it’s astonishing that they have been unable to reach an agreement to spend more than $5 billion in funds, a federal gift-in-hand intended to ease the effects of the pandemic.

But it’s not astonishing at all that lawmakers adjourned for the year Thursday, leaving the issue hanging in limbo....

The money in question comes through the American Recovery Relief Act with few, if any, strings attached. And that might be part of the problem: so much flexibility allows plenty of room for disagreement and delay — and delay is an art form on Beacon Hill.

Other states have managed to figure out how to spend the money. Baker’s claim that Massachusetts lags behind other states in spending the cash seems to check out.

What does Baker want to do with the money? His wish list included spending on housing, job training, environmental and climate-related programs, and education. Those priorities were placed on the table months ago.

The Legislature moved quickly, back then, to ensure that the money could only be spent with its approval. Legislative leaders bemoaned a lack of process, and insisted that they, not Baker, should decide how to spend the money.

That’s fine, but if they were going to seize control, they own the failure of that process. ... Impressive it is not....

Lawmakers might argue that this is just a delay, that a compromise will eventually be reached.

In theory, that’s true. But in practice, the Legislature is now stuck in informal session, where nothing can pass without a unanimous vote.

Nothing major happens in informal session, and anyone who has spent any time in the State House knows this package isn’t likely to be an exception....

But as it stands now, the Legislature is effectively on break. They’ll pick this matter up in January, I guess. Or maybe they’ll just hold a few more hearings, and squabble for a little longer over who’s really in charge on Beacon Hill — them or the governor.


With all the focus on TCI and whether it and other petition drives will have enough signatures to move forward to the 2022 ballot  there's one ballot question we know will be there:  The latest incarnation of a graduated income tax proposed constitutional amendment, the so-called "Fair Share Amendment" or "Millionaires Tax."  The Mass. High Tech Council took the first attempt before the state Supreme Judicial Court and the court threw it out as unconstitutional (see our CLT Update for June 18, 2018:  "SJC kills Grad Tax — for the sixth time!").  The High Tech Council is threatening to take this reincarnation of the same proposal to the SJC again and good for them.

The Boston Business Journal reported on Wednesday ("Business group threatens SJC challenge to millionaires tax language"):

The Massachusetts High Technology Council is likely to launch a court challenge to the ballot language for the so-called millionaires’ tax unless the ballot question says the tax would not necessarily increase spending on schools and transportation, it said in a letter this week....

The missive from MHTC raises the prospect of another clash before the Massachusetts Supreme Judicial Court, which struck down a previous version of the tax proposal in 2018. The proposal is now poised to go before voters as a ballot question in November 2022.

A court battle, should it come to pass, would be limited to the proposal’s language, not whether it should be on the ballot at all....

In the letter, sent to Attorney General Maura Healey and Secretary of the Commonwealth William Galvin on Tuesday, the MHTC took issue with the ballot language that was to be used to describe the proposed tax in 2018. No such materials have been made public so far this year.

Back then, a summary of the proposal informed voters that revenue from the tax, subject to appropriation by lawmakers, would be used only for education- and transportation-related purposes. A description of the meaning of a “yes” vote used similar language.

The MHTC contended in the letter that the proposal does not require lawmakers to use millionaires-tax revenue to increase spending in those two areas, since they can reduce spending on education and transportation from other revenue sources, and replace it with revenue raised by the millionaires’ tax. Opponents to the tax have made the argument for years, as a reason not to pass the proposal....

The letter asks Healey and Galvin to release the proposal language as soon as possible, or at the latest by Jan. 12, so that the MHTC has enough time to challenge the language, if necessary, under guidelines previously issued by the SJC.


I've been perplexed throughout the pandemic how the state has managed to steadily rake in record-breaking tax revenue while businesses and employees have been locked down and locked out — a surplus of over $5 Billion last year alone and heading for more of the sameBaffled is probably a better word.  Finally someone has explained it.  In its Review & Outlook editorial on Friday the Wall Street Journal noted ("The Inflation Revenue Dividend State and local governments have never had so much dough"):

One irony of inflation is that while it’s bad for working Americans, it’s great for the government. Tax revenues soar as nominal profits and incomes rise, and for evidence simply look at the boom in state and local government coffers. They’ve rarely had it so good, but don’t expect them to be frugal spenders....

Progressive states with higher tax rates are especially flush. State and local tax revenue in New York—which raised taxes on high earners this spring—is running $13.3 billion (21.3%) higher for the current fiscal year that began in April over the same period in 2019. Mind you, 2019 was a very good year for state coffers. (See nearby table.)

California continues to report record monthly tax collections even after Gov. Gavin Newsom boasted this spring of a $75 billion budget surplus. State tax revenue for the fiscal year starting in July through October is running nearly 25% over budget estimates and 33% more than in 2019.

These rich states have also received plenty of welfare from Washington. Congress has given states and local governments $885 billion in direct aid through the various Covid bills for schools, public transit, Medicaid and more. Now they’re set to get another large helping from the infrastructure deal for public transit, broadband, water systems and electric grids....

Remember when the states pleaded poverty last year? We told you they didn’t need the money, and the current data proves it. States could now be using this windfall to cut taxes, and some are, but most are spending it on new commitments that won’t vanish when the revenue boom does. Democratic states in particular are building in new structural spending in the form of higher pay and pensions for public unions. Also popular are climate-change boondoggles like New York’s “green energy transmission superhighway.”

The $4 trillion Democratic entitlement bill will put states on the hook for new liabilities once the federal largesse dries up.

"States could now be using this windfall to cut taxes, and some are, but most are spending it on new commitments that won’t vanish when the revenue boom does.  Democratic states in particular are building in new structural spending in the form of higher pay and pensions for public unions.  Also popular are climate-change boondoggles like New York’s “green energy transmission superhighway.

"The $4 trillion Democratic entitlement bill will put states on the hook for new liabilities once the federal largesse dries up."

This perfectly describes The People's Republic of Taxachusetts, explains the state revenue bonanza — and warns of bad things to come.

Chip Ford
Executive Director


Full News Reports
(excerpted above)

CommonWealth Magazine
Thursday, November 18, 2021
Baker pulls the plug on transportation climate initiative
Abandons cap-and-invest plan after Lamont’s decision to back away in CT
By Bruce Mohl


Gov. Charlie Baker threw in the towel on his transportation climate initiative on Thursday just days after Gov. Ned Lamont of Connecticut did the same thing in his state.

“The Baker-Polito Administration always maintained the Commonwealth would only move forward with TCI if multiple states committed, and, as that does not exist, the transportation climate initiative is no longer the best solution for the Commonwealth’s transportation and environmental needs,” said Terry MacCormack, the governor’s press secretary, in a statement.

Lamont indicated he might revisit joining the initiative after next year’s election, but Baker’s statement indicated he intends to move on and not look back. It’s a stunning turnaround for a concept that once attracted the interest of a dozen northeast and mid-Atlantic states and became a linchpin of the Baker administration’s plan for reaching net zero greenhouse gas emissions by 2050.

Katie Theoharides, the governor’s secretary of energy and environmental affairs, said in December 2020, when Massachusetts, Connecticut, Rhode Island, and the District of Columbia announced they were moving forward with the transportation climate initiative, that Massachusetts needed the program if it was going to have a chance of reaching its goal of net zero emissions. “We can’t get there without a program like this,” she said.

She declined comment when asked about the initiative on Thursday after a ceremonial groundbreaking on Cape Cod for the Vineyard Wind offshore wind farm. She said the administration would be issuing a statement on the initiative later in the day.

Massachusetts was the only state supporting the transportation climate initiative until Thursday. The governors in Rhode Island and Connecticut couldn’t get it through their legislatures; Baker had the power to sign on because of earlier legislation giving him the authority to act on his own.

The Transportation Climate Initiative was intended to be a cap-and-invest program for automobile fuels. Fuel wholesalers would purchase at auction allowances permitting them to sell gasoline in Massachusetts and other participating states. The number of allowances would be reduced each year, ratcheting up the price of gasoline and incentivizing drivers to switch to electric vehicles.

Opponents as well as some supporters called the transportation climate initiative a disguised gas tax, but backers said the approach was a nuanced, two-step approach to dealing with climate change by making gasoline more expensive while generating the revenues needed to build the infrastructure needed to transition away from vehicles running on gasoline.

In its statement Thursday, the Baker administration said the federal infrastructure package, the American Rescue Plan Act funding, and state tax revenue surpluses will now become the financing mechanisms for building the infrastructure necessary to reduce transportation emissions and meet the state’s climate goals.

Paul Craney, a spokesman for the Massachusetts Fiscal Alliance, which opposed the transportation climate initiative, said he was glad Massachusetts finally abandoned what he called a “regressive gas tax scheme,” which he said would have hurt the middle class and the working poor the most. He thanked his allies in the fight — Citizens for Limited Taxation, the Beacon Hill Institute, the National Federation of Independent Business, Massachusetts Republican Party chairman Jim Lyons, and Boston Herald columnist Howie Carr.


GoLocalProv
Friday, November 19, 2021
McKee Drops Support for Transportation and Climate Initiative
By GoLocalProv News Team


Providence, RI -- Just one day after Governor Dan McKee's office confirmed that the governor continues to support the Transportation and Climate Initiative (TCI), his administration reversed course and announced that it was dropping its effort to adopt the initiative.

Department of Environmental Management Acting Director Terrence Gray issued the following statement on behalf of Mckee regarding the State of Rhode Island’s participation in the TCI late on Friday.

“The Transportation and Climate Initiative depends upon the involvement of at least three jurisdictions to go forward as a program. Recent events in Connecticut and Massachusetts, however, have made clear that at least for the time being, Rhode Island must explore other options in clean transportation. We must be clear: Rhode Island is on the clock to combat climate change, and we must move forward with a bold initiative to meet net-zero. The Act on Climate law sets mandates, not goals, for the state to reduce greenhouse gases economy-wide. And we will have serious difficulty meeting the new law’s reduction mandates without a strong commitment and plan to reduce emissions from the transportation sector, which contributes nearly 40 percent of carbon emissions in our area. The Executive Climate Change Coordinating Council, which I chair, will be analyzing the federal infrastructure bill and other possible funding streams to ensure that Rhode Island makes progress at replacing dirty, fuel-burning engines with clean, green, zero-emissions transportation options. I look forward to remaining in contact with my counterparts in neighboring states to continue our shared goal of tackling climate change. It demands action now.”

Legislators Call for Continued Support

In an opinion piece submitted to GoLocal earlier on Friday, Sen. Alana DiMario and Rep. Terri Cortvriend wrote, "In the decade-plus since the Transportation Climate Initiative (TCI) was first developed under the [Donald] Carcieri administration, there has been growing, bipartisan consensus that we must end our dependence on fossil fuels for the health of the people in our communities and our planet. No one disputes that reality."

"And in that decade of work and planning and a worsening climate crisis, no one has come up with a better solution to reduce our greenhouse gas emissions from the transportation sector. TCI would cut greenhouse gas pollution from motor vehicles in the region by an estimated 26% and generate a total of more than $3 billion dollars over 10 years for the participating jurisdictions to invest in equitable, less-polluting transportation options and to help energize economic recovery," the legislators wrote.

They concluded, "As elected officials it is our duty to keep the health and safety of our communities front and center in the decisions that we make. Leading the region in implementing the concepts of TCI does exactly that. For too many decades we have deferred acting on climate change, and there is no more time to waste. If we aren't here to fight for the bold and necessary changes to address the most pressing issues facing us and to reduce the burden on future generations, then why are we here?"


The Boston Herald
Saturday, November 20, 2021
Rhode Island, the final state, pulls out of TCI
By Amy Sokolow

After both Massachusetts and Connecticut’s governors pulled out of the Transportation and Climate Initiative, citing waning support and higher gas prices, Rhode Island has also has left, putting the nail in the coffin on the multi-state partnership.

“The Transportation and Climate Initiative depends upon the involvement of at least three jurisdictions to go forward as a program,” said Ocean State Department of Environmental Management Acting Director Terrence Gray in a statement. “Recent events in Connecticut and Massachusetts, however, have made clear that at least for the time being, Rhode Island must explore other options in clean transportation.”

Although the partnership was originally supposed to include a dozen states and D.C., by the time a memorandum of understanding was signed in 2020, only Massachusetts, Rhode Island, Connecticut and D.C. were on board. As the Herald previously reported, Connecticut Governor Ned Lamont pulled out of the partnership designed to cut fuel emissions last week, citing rising gas prices as his reason for the move.

“Look, I couldn’t get that through when gas prices were at a historic low, so I think the legislature has been pretty clear that it’s going to be a pretty tough rock to push when gas prices are so high, so no,’’ Lamont told reporters Tuesday. Under TCI, gas prices were projected to rise up to 9 cents per gallon more.

Shortly thereafter, Massachusetts Gov. Charlie Baker, once a major proponent of TCI as a way to cut emissions by a quarter over 10 years, also announced that the Bay State would not be part of it.

“The Baker-Polito Administration always maintained the Commonwealth would only move forward with TCI if multiple states committed, and, as that does not exist, the transportation climate initiative is no longer the best solution for the Commonwealth’s transportation and environmental needs,” Baker press secretary Terry MacCormack said in a statement Thursday.

As Baker’s office said it would do in the Bay State, Rhode Island plans to combat climate change using other financing means. In Rhode Island’s case, the Executive Climate Change Coordinating Council will analyze the federal infrastructure bill that recently passed as well as “other possible funding streams” to “(replace) dirty, fuel-burning engines with clean, green, zero-emissions transportation options,” Gray said.

Gray also called on the state’s transportation sector to reduce emissions on their own, because the industry contributes nearly 40% of carbon emissions in the state.

The Baker administration also hopes to use federal infrastructure funds, as well as a statewide tax revenue surplus, to attack the climate-change issue.

Paul Diego Craney of the conservative watchdog organization Mass Fiscal Alliance, one of the most vocal opponents of TCI, praised the move.

“We are pleased to see the TCI scheme completely surrendered,” he said in a statement. “We would not have settled for anything but an unconditional surrender of the scheme. Rhode Island motorists don’t deserve to be on an island on its own, so their state’s motorists can be thankful this Thanksgiving holiday season.”


The Boston Herald
Friday, November 19, 2021
Charlie Baker jettisons failed TCI, but will voters remember?
By Joe Battenfeld


Gov. Charlie Baker’s surprise move to dump the unpopular climate initiative compact could be the strongest signal yet that he has his eyes on a third term.

The Transportation and Climate Initiative, or TCI, would have raised already skyrocketing gas prices and given fuel to Baker’s potential Republican opponent, former Rep. Geoff Diehl.

Now that the Republican governor doesn’t have to contend with the impacts of TCI, he can avoid getting blamed for gas tax hikes and shortages, though he won’t rid his administration of the stain of the failed initiative.

“It’s a failed program for him now,” said Paul Diego Craney of the MassFiscal Alliance, the major opponent of TCI. “Republican primary voters are not going to forget that at all.”

TCI could still be a potent issue for Diehl even though it’s on the scrap heap. Diehl will undoubtedly remind voters that Baker was the “champion” of TCI — which sought to cut motor vehicle emissions by 26% over the next 10 years — even as other states like Connecticut were dropping out of the compact, Craney said.

“It doesn’t go away just by dropping out,” Craney said. “I suspect (Diehl) will use it all the way to the end of the primary.”

Diehl also can gloat his way through the campaign reminding voters that he was always opposed to TCI and was protecting motorists from massive gas tax hikes. And Democrats may have an opening now to attack Baker for failing to do enough to combat climate change.

Baker has still not said whether he’ll seek a third term, getting testy about repeated questions on the subject.

But his window for making a decision is closing fast. Dumping TCI could be the final chess move he’ll make before announcing he’s all in for another term.

This isn’t the only signal Baker is interested in running again next year. The Republican governor has re-energized his fundraising in the last few months, though he still lags far behind his lieutenant governor, Karyn Polito.

And a new poll shows that Baker would be tough to beat in a general election campaign. In the UMass Amherst poll of nearly 700 voters, Baker holds wide leads over his declared Democratic opponents, Ben Downing, state Sen. Sonia Chang-Diaz and Danielle Allen, and a small lead over the one big unannounced candidate, Attorney General Maura Healey.

But there’s some troubling news in the poll. Nearly half of all voters are still unsure about who they will support — indicating Baker hasn’t yet convinced them he should win another term.

And the poll did not measure Baker’s strength against Diehl among just Republican primary voters.

If early polls prove right, Baker in fact may face a much tougher fight in his own party’s primary than in the general election.


The Wall Street Journal
Friday, November 19, 2021
Opinion | Review & Outlook
The Northeast Climate Pact Implodes
Connecticut Governor Lamont withdraws amid soaring fuel prices.


Progressives say the only way to achieve their climate goals is to raise the price of fossil fuels. Their problem is that consumers don’t want to pay more for energy, and as the latest proof behold Connecticut Gov. Ned Lamont’s retreat this week from a Northeast state climate pact.

Last December the Governors of Rhode Island, Connecticut and Massachusetts and the mayor of Washington, D.C., joined a cap-and-trade scheme to reduce carbon emissions from fuel. Wholesalers and distributors would have to buy emissions credits at auction. The proceeds would be sent to the states to spend on electric vehicles, public transportation and “climate justice.”

Over time the cap on emissions would decline, and fuel distributors would have to spend more to buy credits. This would increase fuel prices. The Lamont administration estimated the scheme would add about five to nine cents a gallon to gasoline prices in the first year. Prices would rise in the other states too.

Which is why all three Governors failed to pass the scheme in their overwhelmingly Democratic legislatures this year. “There are some people who are living on such a tight margin that anything that adds to their regular expenses is going to put a squeeze on them and put them in a tight hardship,” Connecticut Senate President Pro Tem Martin Looney said.

Mr. Lamont finally gave up trying to pass the scheme this week. “Look, I couldn’t get it through when gas prices were at historic lows. So I think the legislature has been pretty clear it is a tough rock to push when gas prices are so high,” he said. Massachusetts GOP Gov. Charlie Baker then threw in the towel too, causing the climate pact to effectively combust.

Mr. Lamont is running for re-election next year, and perhaps the close race this month in New Jersey gave him pause. Even liberals don’t want to pay more for energy to make an insignificant reduction in global emissions. Washington State voters have twice shot down a carbon tax. This summer the Swiss rejected higher taxes on driving and flying in a referendum. Maybe the death of fossil fuels that we’ve been told is inevitable isn’t so inevitable.


State House News Service
Wednesday, November 17, 2021
Beacon Hill Leaves Voting Reforms Up In The Air
No Clear Timetable To Address Mail-In, Early Voting
By Chris Lisinski and Sam Doran


If state representatives want to avoid allowing mail-in voting and expanded early voting permission to lapse next month, they will need to find a way to secure a bipartisan agreement within the chamber, according to the House's top elections expert.

And while House and Senate leaders agree on some core election reform proposals, there are "a lot of different moving pieces" that they have not yet ironed out, Election Laws Committee Co-chair Rep. Dan Ryan told the News Service.

Ryan said Wednesday that he did not expect action on temporary or permanent voting reforms, and the Legislature indeed adjourned its final formal lawmaking session of 2021 without tackling the issues and with the House electing not to even open up debate on the matter.

The existing policies that have been in place for most of the pandemic are set to expire Dec. 15. Although the COVID-era voting reforms have proved popular and earned the support of Republican Gov. Charlie Baker and Democrat Secretary of State William Galvin, the Legislature has been unable to find agreement and pass a bill making them permanent.

The Senate in October approved legislation known as the VOTES Act along party lines (S 2545) that would enshrine mail-in voting and expanded early voting as well as implement same-day voter registration.

In June, the House added an amendment to a supplemental budget that would have permanently authorized mail-in voting and early voting before biennial elections, but that measure was dropped in the ultimate version of the spending bill.

"There's some details on how much, how long should we do early voting for and things like that, but we're in agreement, we want to make it permanent. But I think with the bigger VOTES Act going on, there's a lot of different moving pieces that we're still not in agreement on, the two chambers," Ryan said. "We can always just extend the voting protections that we have now into next year if we don't get something done. On those two big pieces, we're in agreement. It's just getting kind of caught up in the bigger bill."

Failing to act by Wednesday's end of formal sessions for the year leaves the near-term fate of the reforms uncertain. Supporters of the reforms could allow the policies to lapse and attempt to revive them when formal sessions resume in January, or try to enact either an extension or a permanent authorization during informal sessions, when a single member's objection could stall progress.

"We could try to do that, but of course, if one person decides they don't want it to happen, then we have to go into January and think of Plan B," Ryan said of tackling election reforms in an informal session during the holiday quiet period.

House Republicans voted against the mail-in voting budget amendment in June, at the time criticizing the process. Senate Republicans have also objected to some voting reforms.

House Minority Leader Brad Jones signaled Wednesday that his caucus may be open to another temporary extension of the COVID-19 voting policies.

"I think some people would be amenable to the idea of an extension under the same terms we've done it the last few," Jones said in an interview. "I'll talk to the members and see what the terms are and how long it's for, what exactly the provisions are. I think there's some concerns about what it entails and how long it's for."

Jabbing at Democrats who wield supermajority margins in both chambers, Jones added, "But again, they've got the numbers. It's something that would have been fairly easy to get out here now."

Representatives also rejected a same-day voter registration proposal last year, and it's unclear if House leaders have come around to the idea -- which Baker opposes -- since the Senate's action.

Voters in the First Suffolk and Middlesex District are set to select a new senator this winter following the mid-term resignation of former Sen. Joseph Boncore. The primary is scheduled for Dec. 14, one day before the end of temporary mail-in and early voting policies, and the general election is scheduled for Jan. 11.

Jones also said lawmakers still do not know the final date for the September 2022 state primary election, which could complicate the process of pulling nomination papers for some legislators.

Asked about the overall timeline for action on mail-in voting and expanded early voting reforms, Ryan replied, "To be honest, I really don't know."

"We're trying to get through tonight," he said. "I've been meeting with the speaker and his staff on this. We're going to follow up first thing tomorrow. It's not just those two pieces. We have a bunch of other home rule petitions. A bunch of cities and towns want to do election laws stuff. But a lot of what they want to do for municipal elections is also reflected in the VOTES Act, so we're trying to take it all in."


State House News Service
Thursday, November 18, 2021
Baker Blames Legislature For ARPA Spending Delays
Spox: Mass. Trails Other States In Using Relief Funds
By Michael P. Norton


Gov. Charlie Baker is among those disappointed that Beacon Hill Democrats couldn't agree on a plan to put nearly $4 billion to work throughout the economy before breaking for a seven-week stretch of informal sessions, and is blaming a legislative decision earlier this year for causing delays.

Baker proposed spending American Rescue Plan Act funds in June, but legislative Democrats put the federal aid in a lockbox that they control and opted for a long public hearing process to gather feedback about the state's needs. They then couldn't agree on a consensus bill by Wednesday when formal sessions ended for 2021.

"The Baker-Polito Administration believes the Legislature's original decision six months ago to freeze these funds and subject them to the legislative process created a massive delay in putting these taxpayer dollars to work," Baker press secretary Terry MacCormack said. "Massachusetts was already behind most of the country in utilizing these funds before the latest setback, and further delay will only continue to leave residents, small businesses and hundreds of organizations frozen out from the support the rest of the country is now tapping into to recover from this brutal pandemic."

Negotiations among six members of a conference committee are continuing, but any agreement they might reach in the next seven weeks will require bipartisan and unanimous support since any single lawmaker can stop a bill from advancing in informal sessions. Formal sessions are scheduled to resume on Jan. 5, but there's uncertainty also about whether, under legislative rules, the appropriations bills will die at the start of the new annual session or carry over intact.

Baker's reaction came more than 12 hours after lawmakers cut their last formal sessions of 2021 short once it became clear that Rep. Aaron Michlewitz and Sen. Michael Rodrigues, who are leading talks on behalf of branches that passed their bills unanimously, would not be able to reach an agreement.

While conference talks are conducted in secret, there were some signs of discord Wednesday night. When Michlewitz signaled a deal was not within reach, Rodrigues appeared taken aback and said he lacked a "dance partner" and that "it takes two to tango." As the House abruptly adjourned at 6:25 p.m., Sen. William Brownsberger was telling senators to settle in for a lot more work that evening. Once news of the House adjournment reached the Senate, that chamber ended its session at 6:38 p.m.

Baker's concerns about a holdup in the use of federal recovery funds are not new, and date back to June when the House rejected his plan to immediately spend $2.8 billion in federal COVID-19 relief money. The Legislature instead voted to sweep $4.89 billion into a COVID-19 relief fund. At that time, the governor's office worried about the potential for "a process that would take years while the communities that were hit hardest by the pandemic, including communities of color, wait."

While there's widespread agreement on the need to put ARPA funds to work as soon as possible, generally speaking, the funds must be committed by the end of 2024 and spent by the end of 2026.

The amounts differ and both bills feature scores of project earmarks, but both the House (in October) and Senate (last week) have passed plans to spend about $3.82 billion from a combination of ARPA funds and surplus state tax dollars from fiscal 2021 to stimulate the economy, support workers and businesses, and invest in infrastructure projects, public health and other priorities.

The Senate bill proposes to spend $250.9 million on public health infrastructure, which is $100 million more than the House. It would also increase investments in water and sewer infrastructure by $75 million over the $100 million in the House bill and boost mental health spending by $150 million, to $400 million.

Meanwhile, the House proposed $40 million for youth summer and school-year jobs, $75 million for capital projects on public college and university campuses, and $20 million for special education. The Senate proposal funds none of those priorities.

The other members of the conference committee are Reps. Dan Hunt (D-Dorchester) and Todd Smola (R-Warren), and Sens. Cindy Friedman (D-Arlington) and Patrick O'Connor (R-Weymouth).


The Boston Globe
Friday, November 19, 2021
As billions hang in limbo, lawmakers take a breather
By Adrian Walker, Globe Columnist


If there’s one thing our state lawmakers have historically been good at, it’s spending large pots of money.

And getting their rest.

So it’s astonishing that they have been unable to reach an agreement to spend more than $5 billion in funds, a federal gift-in-hand intended to ease the effects of the pandemic.

But it’s not astonishing at all that lawmakers adjourned for the year Thursday, leaving the issue hanging in limbo. Both the House and the Senate had passed spending plans for the money, but those bills have to be reconciled into a single document and signed into law.

As legislators headed off into the sunset, Governor Charlie Baker made no secret of his frustration with them. He’s absolutely right to believe they’ve shirked their duty.

“The Legislature made a commitment to get it done before they went home for the holiday season and I can’t tell you how frustrated I am,” Baker said. “Not just for me but for all the mayors and small businesses and folks who are looking for an opportunity to do something other than what they were doing before, and getting the skills that would be required to do that.”

The money in question comes through the American Recovery Relief Act with few, if any, strings attached. And that might be part of the problem: so much flexibility allows plenty of room for disagreement and delay — and delay is an art form on Beacon Hill.

Other states have managed to figure out how to spend the money. Baker’s claim that Massachusetts lags behind other states in spending the cash seems to check out.

What does Baker want to do with the money? His wish list included spending on housing, job training, environmental and climate-related programs, and education. Those priorities were placed on the table months ago.

The Legislature moved quickly, back then, to ensure that the money could only be spent with its approval. Legislative leaders bemoaned a lack of process, and insisted that they, not Baker, should decide how to spend the money.

That’s fine, but if they were going to seize control, they own the failure of that process. Here’s what they have to show for their muscle flexing: a half-dozen public hearings, two substantially different bills, and no clear path to moving forward.

Impressive it is not.

Let’s bear in mind that much is at stake here. The whole promise of the American Rescue Plan Act is that the pandemic has done major economic damage to families and workers, harm that government should try to set right.

That is so obviously true that even red states and blue states mostly agree on the basic premise.

Obviously, there are plenty of ways to spend a few billion dollars. But it shouldn’t be hard to find plenty of common ground.

Instead we’re doing nothing, while people who need help aren’t getting it. That’s indefensible.

Lawmakers might argue that this is just a delay, that a compromise will eventually be reached.

In theory, that’s true. But in practice, the Legislature is now stuck in informal session, where nothing can pass without a unanimous vote.

Nothing major happens in informal session, and anyone who has spent any time in the State House knows this package isn’t likely to be an exception.

When Baker says this legislation is “stuck in neutral”, he’s telling the truth.

I wonder whether this would have been dealt with more urgently if the State House were open to the public (as other state houses are). If the constituencies for the many urgent needs going unaddressed could have gone into the building and talked to their so-called representatives, might that have forced some action?

Maybe.

But as it stands now, the Legislature is effectively on break. They’ll pick this matter up in January, I guess. Or maybe they’ll just hold a few more hearings, and squabble for a little longer over who’s really in charge on Beacon Hill — them or the governor.

The thing is, that money could address a lot of issues for a lot of people.

And none of those problems take a holiday break.

Adrian Walker is a Globe columnist.


Boston Business Journal
Wednesday, November 17, 2021
Business group threatens SJC challenge to millionaires tax language
By Greg Ryan


The Massachusetts High Technology Council is likely to launch a court challenge to the ballot language for the so-called millionaires’ tax unless the ballot question says the tax would not necessarily increase spending on schools and transportation, it said in a letter this week.

The missive from MHTC raises the prospect of another clash before the Massachusetts Supreme Judicial Court, which struck down a previous version of the tax proposal in 2018. The proposal is now poised to go before voters as a ballot question in November 2022.

A court battle, should it come to pass, would be limited to the proposal’s language, not whether it should be on the ballot at all. Still, the MHTC’s letter drew strong rebukes from proponents of the tax on Wednesday.

In the letter, sent to Attorney General Maura Healey and Secretary of the Commonwealth William Galvin on Tuesday, the MHTC took issue with the ballot language that was to be used to describe the proposed tax in 2018. No such materials have been made public so far this year.

Back then, a summary of the proposal informed voters that revenue from the tax, subject to appropriation by lawmakers, would be used only for education- and transportation-related purposes. A description of the meaning of a “yes” vote used similar language.

The MHTC contended in the letter that the proposal does not require lawmakers to use millionaires-tax revenue to increase spending in those two areas, since they can reduce spending on education and transportation from other revenue sources, and replace it with revenue raised by the millionaires’ tax. Opponents to the tax have made the argument for years, as a reason not to pass the proposal.

The business group is asking Healey and Galvin to make sure that in 2022, the ballot language makes that point clear to voters. If not, “our clients are likely to challenge the summary and ‘yes’ statement before the Supreme Judicial Court,” wrote Goodwin partner Kevin Martin on behalf of the MHTC.

The letter asks Healey and Galvin to release the proposal language as soon as possible, or at the latest by Jan. 12, so that the MHTC has enough time to challenge the language, if necessary, under guidelines previously issued by the SJC.

Debra O’Malley, a spokesperson for Galvin, told the Business Journal that the attorney’s general office writes the summaries of ballot questions. The “yes” and “no” statements are required to be written jointly by the offices of the attorney general and the secretary of the commonwealth by May, she said. Those statements can be challenged in court within 20 days of their publication, according to O’Malley.

A representative from Healey’s office declined comment, other than to confirm the office received the letter.

In statements, both state Sen. Jason Lewis, one of the sponsors of the proposal, and the Raise Up Massachusetts coalition, one of its biggest supporters, took issue with the MHTC’s characterization of the proposal.

“Unfortunately the Mass High Tech Council and other big-business groups continue to pursue every tactic that their lawyers can dream up in order to protect multi-millionaires in the commonwealth from paying their fair share of state income taxes,” Lewis said. “The ‘millionaires tax’ proposal is clear that all the new revenue raised must be used for investments in public education and transportation, both areas that lawmakers and the public overwhelmingly agree need additional resources.”

Proponents and opponents of the tax are ramping up public campaigns over the proposal. The Pioneer Institute released a report Wednesday saying that pass-through businesses, which are potentially subject to the tax, make up about 70% of the state’s for-profit business entities. The Massachusetts Budget and Policy Center, meanwhile, issued its own report holding that less than 3% of those receiving pass-through income from those entities would be subject to the tax.

In the letter, the MHTC cited polling it conducted finding that when told lawmakers need not increase spending on education and transportation because of the millionaires’ tax, 72% of respondents replied that the 2018 ballot language was misleading.


The Wall Street Journal
Friday, November 12, 2021
Review & Outlook
The Inflation Revenue Dividend
State and local governments have never had so much dough.


One irony of inflation is that while it’s bad for working Americans, it’s great for the government. Tax revenues soar as nominal profits and incomes rise, and for evidence simply look at the boom in state and local government coffers. They’ve rarely had it so good, but don’t expect them to be frugal spenders.

Overall state and local government receipts including federal aid were 23% above pre-pandemic levels in the third quarter through September thanks to Congress’s gusher of spending and the strong economic recovery, according to the Committee for a Responsible Federal Budget.

Property, corporate, sales and individual tax revenue from the third quarter of 2020 through the second quarter of this year is running 18.3% above the same period two years ago, according to Census Bureau data. How many Americans have seen their incomes rise that much over the last two years?

Individual tax revenue has swelled thanks to frothy equity markets as the affluent realize capital gains and inflation pushes them into higher tax brackets. Sales tax revenue has also surged thanks to federal transfer payments that have boosted spending as well as corporate profits—which in turn have inflated corporate tax revenue. Buoyant housing prices are increasing property tax revenue that finances schools.

Progressive states with higher tax rates are especially flush. State and local tax revenue in New York—which raised taxes on high earners this spring—is running $13.3 billion (21.3%) higher for the current fiscal year that began in April over the same period in 2019. Mind you, 2019 was a very good year for state coffers. (See nearby table.)

California continues to report record monthly tax collections even after Gov. Gavin Newsom boasted this spring of a $75 billion budget surplus. State tax revenue for the fiscal year starting in July through October is running nearly 25% over budget estimates and 33% more than in 2019.

These rich states have also received plenty of welfare from Washington. Congress has given states and local governments $885 billion in direct aid through the various Covid bills for schools, public transit, Medicaid and more. Now they’re set to get another large helping from the infrastructure deal for public transit, broadband, water systems and electric grids.

If the Democrats’ $4 trillion spending bill passes, they’ll get even more. By our count, about $700 billion in the Democrats’ new spending bill would go to the states for programs such as child care, universal pre-K, home healthcare and housing. Senate Majority Leader Chuck Schumer demanded $65 billion for public housing—63% more than President Biden proposed this spring—so there would be enough money to bail out the wildly mismanaged New York City Housing Authority.

Remember when the states pleaded poverty last year? We told you they didn’t need the money, and the current data proves it. States could now be using this windfall to cut taxes, and some are, but most are spending it on new commitments that won’t vanish when the revenue boom does. Democratic states in particular are building in new structural spending in the form of higher pay and pensions for public unions. Also popular are climate-change boondoggles like New York’s “green energy transmission superhighway.”

The $4 trillion Democratic entitlement bill will put states on the hook for new liabilities once the federal largesse dries up. In 2025 the feds will pay 95.4% of pre-K costs, but only 63.6% in 2027. Republican governors would be wise to opt out of the programs as many did with ObamaCare’s Medicaid expansion.

But taxpayers in conservative states like West Virginia and Arizona will still end up subsidizing expanded welfare states in the likes of California and New York. Better to call the whole thing off.


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