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CLT UPDATE
Monday, November 29,2021

State's Multi-Billions Jackpot Creates Problems


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

Anyone who drives a car or consumes anything delivered by a truck has an extra something to be thankful for this Thanksgiving, and that something is the Boston Herald. The Herald’s work editorializing against the regressive carbon gas tax scheme known as the Transportation and Climate Initiative and vigorously reporting on its faults over the last two and half years was critical to the scheme’s demise earlier last week. Without the local media coverage provided by the Herald, residents would have been hard pressed to find any accurate information on the potential 12-state scheme. Other Boston-based media outlets refused to cover the negative economic impacts and only covered the idealistic and virtuous aspects of TCI....

The Massachusetts Fiscal Alliance was laser-focused on stopping the scheme before it could start. We took a lot of heat for being the loudest voice against the environmental lobby and Gov. Baker, but our efforts to resist the scheme in Massachusetts and organize others to do the same in the other 12 states paid off. Oftentimes, our work involved pointing people in the direction of the great work being done at the Herald and I am sure they felt similar pressure as they continually reported on the truth of the issue. The Boston Herald news reporters were often the only ones asking Gov. Charlie Baker any hard questions about the TCI scheme and for that, they should be commended. Along with Boston Herald columnist Howie Carr, the Boston Herald consistently delivered to its readers important information about the scheme.

Others in the coalition should be applauded as well. This includes Chip Ford at Citizens for Limited Taxation, the Beacon Hill Institute, the Committee to Stop the TCI Tax, the bipartisan group of petitioners who sought to bring the TCI repeal forward as a ballot question in 2022, Chris Carlozzi at the National Federation of Independent Business, MassGOP Chairman Jim Lyons and everyone else who worked so hard to stop this manipulative tax scheme. Without them, TCI would still be moving forward.

Massachusetts is the birthplace of the Thanksgiving Day holiday and motorists across the mid-Atlantic and New England can now be thankful that we are also not the birthplace of the TCI gas tax scheme. We hope they remember that this is due to the hard work of a lot of people, with a special thanks to the staff and reporters at the Boston Herald for speaking truth to power for the benefit of the everyday people of our great commonwealth.

Happy Thanksgiving, Massachusetts!

The Boston Herald
Thursday, November 25, 2021
Kudos to Herald for shedding light on faults with TCI scheme
By Paul Diego Craney


The Democratic-led Massachusetts Legislature is now officially a national embarrassment.

Lawmakers — who are still able to work remotely because the State House is closed to the public — are on a seven-week holiday break while billions in federal COVID relief funds sit there unspent.

So legislators get to enjoy Thanksgiving and Christmas from home, playing by their own rules while the rest of us struggle to meet our work demands while stressing out over the holidays.

And even when they come back from break, Democratic leaders make sure they do as little work as possible....

Massachusetts is one of the only states in the country that hasn’t opened up the historic State House to the public, citing the continued threat of the coronavirus.

And Democratic leaders refuse to release the names of five state reps who haven’t been vaccinated, which doesn’t seem to be in the public interest. And you can’t file a public records request to find out the names of those reps because the Legislature is exempted from the public records laws....

It’s the height of arrogance....

It underscores the question: do we really need a full-time paid Legislature?

Why are taxpayers funding a Legislature that won’t come back to work — even at the cost of delaying the spending of billions in federal relief money? ...

The Legislature can still meet in “informal sessions” through the holiday but that won’t happen because a single lawmaker can block any votes.

All this should strike fear in the hearts of voters. Can you imagine how much worse this would be if Democrats also controlled the governor’s office?

The Boston Herald
Monday, November 22, 2021
Foot-dragging Massachusetts Legislature continues to be national embarrassment
By Joe Battenfeld


Massachusetts has nearly $5 billion in unspent federal stimulus dollars to spread to its residents. At least another $8 billion in aid is coming from the US government to help repair roads, bolster public transit, and shore up the state against climate change. The state’s tax receipts are again running well ahead of expectations.

This is good news for Massachusetts. But the heady fiscal times could also complicate a question that voters are set to answer in the November 2022 election: Should Massachusetts raise taxes on its wealthiest residents to generate billions more for the state to spend?

A proposed constitutional amendment that would layer a surcharge on yearly earnings above $1 million will land on the ballot in 2022, years after it first surfaced during a time of mounting needs for Massachusetts’ school and transportation systems — and of financial uncertainty for the state.

The yawning shortfalls and prospective billion-dollar budget gaps of several years ago, however, have been replaced by an unexpected budget surplus, a state emergency savings account that’s surged to a record $4.6 billion, and multibillion-dollar buckets of federal aid that lawmakers say can bring “generational change” to Massachusetts....

“It’s a totally different landscape about the need to raise revenue and what the revenue is for,” said Evan Horowitz, executive director of the Center for State Policy Analysis at Tufts University, which studies state ballot questions. “In the short term, it has weakened the argument for any kind of immediate tax increase. The state is not desperately looking for money. What I don’t know is if it fundamentally changes the long-term issues” the revenue could be used to address....

Through October, Massachusetts had collected $723 million more in tax revenues than it was expecting through those four months of the fiscal year, a trend that Alan Clayton-Matthews, an economist and Northeastern University professor emeritus, said sets the state up to “most certainly” see a surplus by the end of June.

“Those who don’t want to pay for it are going to use what we’re dealing with at the moment and make an argument, ‘Gee whiz, the Fair Share Amendment really isn’t needed now,’ ” said Representative James J. O’Day, who sponsored the amendment.

“I get a little annoyed when people say, ‘Oh my goodness, we have money today.’ This is a short-term fix,” the West Boylston Democrat said of federal aid. “The Fair Share Amendment isn’t a sprint. It’s not a one-time deal, not a two-time deal. It’s annually. That can only be a benefit to our families, to our communities, to our businesses, to infrastructure.”

But opponents say the current big pots of money shouldn’t be ignored at the ballot box, even if it’s not the only reason they are pushing voters to reject the proposal. By writing the tax change into the Massachusetts constitution, critics argue, it restricts the state’s ability to change the language should officials later want to amend or repeal it.

The process of amending the constitution requires votes in successive two-year sessions before a proposal can go to voters. And in the millionaires tax proposal’s case, it will ultimately take seven years after advocates first began collecting signatures in 2015 but saw the Supreme Judicial Court reject an earlier iteration of the measure before it could make it to the 2018 ballot.

“You can be for more transportation revenue, which we are, and not support this tax increase,” said Eileen McAnneny, president of the business-backed Massachusetts Taxpayers Foundation, which in September warned the MBTA is staring down “fiscal calamity” in the coming years. McAnneny suggested state officials should instead consider raising the gas tax or hiking fees to address needs beyond the federal aid.

“Amending the Constitution to include a tax just doesn’t make sense,” she said.

Business leaders have also repeatedly challenged the assertion the money would go toward education and transportation as promised, noting it would technically be “subject to appropriation” — a phrase that gives the Legislature wide latitude in deciding the fate of funding.

The Massachusetts High Technology Council sent a letter to Attorney General Maura Healey and Secretary of State William F. Galvin asking that the description of the ballot measure sent to voters include a line stating that the Legislature could ultimately reduce funding on education and transportation from other sources and simply replace it with the new surtax revenue.

The Boston Globe
Thursday, November 25, 2021
Massachusetts is now flush with cash,
possibly reshaping debate over proposed millionaires tax


The Mass Fiscal Alliance is urging Gov. Charlie Baker to use some of the state’s $4.6 billion rainy day fund to give drivers a two-month gas tax holiday as prices reach their highest Thanksgiving week average since 2012.

The tax break would follow the two-month sales tax holiday Baker [un]successfully pushed for in June.

Now, with the state flush with cash and with drivers seeing the highest cost of gasoline — an average of $3.42 per gallon — since 2012, when it was $3.58, MassFiscal is urging Baker to give drivers a “desperately needed” two-month break from the state’s 24-cents-per-gallon gas tax, said Paul Craney, spokesman for the alliance.

“Gov. Baker should do everything he can to provide relief for motorists who have to drive to work, pick up their kids from school and make long journeys over the holidays to see family and friends,” Craney said.

Baker’s office did not respond to requests for comment.

The Boston Herald
Wednesday, November 24, 2021
MassFiscal pushes Gov. Charlie Baker for a two-month gas tax relief holiday


Florida Governor Ron DeSantis (R) knows how to make a splash, and his proposal to suspend the state’s gas tax—temporarily, but without a specific end date—will only burnish that reputation. Citing rising prices at the pump and the state’s substantial revenue surplus, the governor is calling upon the legislature to take the state’s gas tax from 26.5 cents a gallon to zero, and to keep it at zero as long as the additional revenues are there to sustain it.

Florida has a “problem” common to many states right now: skyrocketing tax revenues, and uncertainty about how best to return some of the surplus to taxpayers. It’s a good problem to have, but also a vexing one, particularly if state officials harbor doubts about the permanence of new revenue levels.

Tax Foundation
Tuesday, November 23, 2021
The Surprising Challenge of Too Much Tax Revenue—and Florida’s No-Gas-Tax Solution


Chip Ford's CLT Commentary

I'm confident you read my traditional CLT "A Timeless Thanksgiving Day Message" sent out as a CLT Update for the holiday.  Paul Craney of MassFiscal had his Thanksgiving message published in Thursday's Boston Herald on Thanksgiving Day ("Kudos to Herald for shedding light on faults with TCI scheme"), thanking all those who helped halt Gov. Baker's TCI "boondoggle":

Anyone who drives a car or consumes anything delivered by a truck has an extra something to be thankful for this Thanksgiving, and that something is the Boston Herald....

The Massachusetts Fiscal Alliance was laser-focused on stopping the scheme before it could start. We took a lot of heat for being the loudest voice against the environmental lobby and Gov. Baker, but our efforts to resist the scheme in Massachusetts and organize others to do the same in the other 12 states paid off. Oftentimes, our work involved pointing people in the direction of the great work being done at the Herald and I am sure they felt similar pressure as they continually reported on the truth of the issue. The Boston Herald news reporters were often the only ones asking Gov. Charlie Baker any hard questions about the TCI scheme and for that, they should be commended. Along with Boston Herald columnist Howie Carr, the Boston Herald consistently delivered to its readers important information about the scheme.

Others in the coalition should be applauded as well. This includes Chip Ford at Citizens for Limited Taxation, the Beacon Hill Institute, the Committee to Stop the TCI Tax, the bipartisan group of petitioners who sought to bring the TCI repeal forward as a ballot question in 2022, Chris Carlozzi at the National Federation of Independent Business, MassGOP Chairman Jim Lyons and everyone else who worked so hard to stop this manipulative tax scheme. Without them, TCI would still be moving forward.

Massachusetts is the birthplace of the Thanksgiving Day holiday and motorists across the mid-Atlantic and New England can now be thankful that we are also not the birthplace of the TCI gas tax scheme. We hope they remember that this is due to the hard work of a lot of people, with a special thanks to the staff and reporters at the Boston Herald for speaking truth to power for the benefit of the everyday people of our great commonwealth.

Happy Thanksgiving, Massachusetts!

The primary factor in Gov. Baker's surrender was the lack of "critical mass," as advocates called it enough northeast and mid-Atlantic states signing on to the multi-state compact to make it viable.  Preventing that was the impetus for MassFiscal's and Paul Craney's early strategy to organize a multi-state alliance of opposition organizations whose states would be similarly impacted if TCI were to be implemented.

TCI couldn't be stopped in Massachusetts alone, though its biggest advocate governed here, claiming there were no checks or balances on his authority, no legislative approval needed.

Those monthly Zoom meetings hosted by MassFiscal for the past two-and-a-half years with allies in states up and down the East Coast from Maine to North Carolina, and each of those ally's efforts to stop TCI in their respective states, all helped prevent "critical mass" from ever being reached.  Then those few state governors still aboard suddenly fell like dominoes the week we filed our petitions with the city registrars of voters and town clerks across the state to put a question on the 2022 ballot to "stop the TCI gas tax" Connecticut, then Massachusetts, followed by Rhode Island.  It was over, at least "for the time being" as Rhode Island noted in its withdrawal statement.


Last week I wrote about the increasingly dysfunctional Massachusetts Legislature.  I'm not alone in recognizing this and calling it out.  In his Boston Herald column on Monday ("Foot-dragging Massachusetts Legislature continues to be national embarrassment") Joe Battenfeld observed:

The Democratic-led Massachusetts Legislature is now officially a national embarrassment.

Lawmakers — who are still able to work remotely because the State House is closed to the public — are on a seven-week holiday break while billions in federal COVID relief funds sit there unspent.

So legislators get to enjoy Thanksgiving and Christmas from home, playing by their own rules while the rest of us struggle to meet our work demands while stressing out over the holidays.

And even when they come back from break, Democratic leaders make sure they do as little work as possible....

Massachusetts is one of the only states in the country that hasn’t opened up the historic State House to the public, citing the continued threat of the coronavirus.

And Democratic leaders refuse to release the names of five state reps who haven’t been vaccinated, which doesn’t seem to be in the public interest. And you can’t file a public records request to find out the names of those reps because the Legislature is exempted from the public records laws....

It’s the height of arrogance....

It underscores the question: do we really need a full-time paid Legislature?

Why are taxpayers funding a Legislature that won’t come back to work — even at the cost of delaying the spending of billions in federal relief money? ...

The Legislature can still meet in “informal sessions” through the holiday but that won’t happen because a single lawmaker can block any votes.

All this should strike fear in the hearts of voters. Can you imagine how much worse this would be if Democrats also controlled the governor’s office?


Beyond being unable to spend the massive bonanza fast enough, oh what a problem the Legislature now has with the billions upon billions pouring into and overflowing the state's coffers.  That embarrassment of riches is suddenly threatening their long-lusted for graduated income tax constitutional amendment on the November 2022 ballot, the so-called "Fair Share Amendment" aka, "Millionaires Tax."

Boston Globe reporter Matt Stout provided insight into the dilemma for The Takers in his Thursday report ("Massachusetts is now flush with cash, possibly reshaping debate over proposed millionaires tax"):

Massachusetts has nearly $5 billion in unspent federal stimulus dollars to spread to its residents. At least another $8 billion in aid is coming from the US government to help repair roads, bolster public transit, and shore up the state against climate change. The state’s tax receipts are again running well ahead of expectations.

This is good news for Massachusetts. But the heady fiscal times could also complicate a question that voters are set to answer in the November 2022 election: Should Massachusetts raise taxes on its wealthiest residents to generate billions more for the state to spend? ...

A proposed constitutional amendment that would layer a surcharge on yearly earnings above $1 million will land on the ballot in 2022, years after it first surfaced during a time of mounting needs for Massachusetts’ school and transportation systems — and of financial uncertainty for the state.

The yawning shortfalls and prospective billion-dollar budget gaps of several years ago, however, have been replaced by an unexpected budget surplus, a state emergency savings account that’s surged to a record $4.6 billion, and multibillion-dollar buckets of federal aid that lawmakers say can bring “generational change” to Massachusetts....

“It’s a totally different landscape about the need to raise revenue and what the revenue is for,” said Evan Horowitz, executive director of the Center for State Policy Analysis at Tufts University, which studies state ballot questions. “In the short term, it has weakened the argument for any kind of immediate tax increase. The state is not desperately looking for money. What I don’t know is if it fundamentally changes the long-term issues” the revenue could be used to address....

Through October, Massachusetts had collected $723 million more in tax revenues than it was expecting through those four months of the fiscal year, a trend that Alan Clayton-Matthews, an economist and Northeastern University professor emeritus, said sets the state up to “most certainly” see a surplus by the end of June.

“Those who don’t want to pay for it are going to use what we’re dealing with at the moment and make an argument, ‘Gee whiz, the Fair Share Amendment really isn’t needed now,’ ” said Representative James J. O’Day, who sponsored the amendment.

“I get a little annoyed when people say, ‘Oh my goodness, we have money today.’ This is a short-term fix,” the West Boylston Democrat said of federal aid. “The Fair Share Amendment isn’t a sprint. It’s not a one-time deal, not a two-time deal. It’s annually. That can only be a benefit to our families, to our communities, to our businesses, to infrastructure.”

But opponents say the current big pots of money shouldn’t be ignored at the ballot box, even if it’s not the only reason they are pushing voters to reject the proposal. By writing the tax change into the Massachusetts constitution, critics argue, it restricts the state’s ability to change the language should officials later want to amend or repeal it.

The process of amending the constitution requires votes in successive two-year sessions before a proposal can go to voters. And in the millionaires tax proposal’s case, it will ultimately take seven years after advocates first began collecting signatures in 2015 but saw the Supreme Judicial Court reject an earlier iteration of the measure before it could make it to the 2018 ballot.

“You can be for more transportation revenue, which we are, and not support this tax increase,” said Eileen McAnneny, president of the business-backed Massachusetts Taxpayers Foundation, which in September warned the MBTA is staring down “fiscal calamity” in the coming years. McAnneny suggested state officials should instead consider raising the gas tax or hiking fees to address needs beyond the federal aid.

“Amending the Constitution to include a tax just doesn’t make sense,” she said.

Business leaders have also repeatedly challenged the assertion the money would go toward education and transportation as promised, noting it would technically be “subject to appropriation” — a phrase that gives the Legislature wide latitude in deciding the fate of funding.

The Massachusetts High Technology Council sent a letter to Attorney General Maura Healey and Secretary of State William F. Galvin asking that the description of the ballot measure sent to voters include a line stating that the Legislature could ultimately reduce funding on education and transportation from other sources and simply replace it with the new surtax revenue.

It's said that timing is everything.  Let's hope the voters recognize that even more cash for the state to squander is more unnecessary now than it has ever been even if they don't recognize the grave long-term threat a graduated income tax by any warm-and-fuzzy name cracking the constitutional flat tax barrier eventually presents on everyone.


The Boston Herald reported on Wednesday ("MassFiscal pushes Gov. Charlie Baker for a two-month gas tax relief holiday"):

The Mass Fiscal Alliance is urging Gov. Charlie Baker to use some of the state’s $4.6 billion rainy day fund to give drivers a two-month gas tax holiday as prices reach their highest Thanksgiving week average since 2012.

The tax break would follow the two-month sales tax holiday Baker [un]successfully pushed for in June.

Now, with the state flush with cash and with drivers seeing the highest cost of gasoline — an average of $3.42 per gallon — since 2012, when it was $3.58, MassFiscal is urging Baker to give drivers a “desperately needed” two-month break from the state’s 24-cents-per-gallon gas tax, said Paul Craney, spokesman for the alliance.

“Gov. Baker should do everything he can to provide relief for motorists who have to drive to work, pick up their kids from school and make long journeys over the holidays to see family and friends,” Craney said.

Baker’s office did not respond to requests for comment.

What a contrast to what the Republican governor of Florida, Ron DeSantis, has proposed for using some of the Sunshine State's windfall.  The Tax Foundation reported on Tuesday ("The Surprising Challenge of Too Much Tax Revenue—and Florida’s No-Gas-Tax Solution"):

Florida Governor Ron DeSantis (R) knows how to make a splash, and his proposal to suspend the state’s gas tax—temporarily, but without a specific end date—will only burnish that reputation. Citing rising prices at the pump and the state’s substantial revenue surplus, the governor is calling upon the legislature to take the state’s gas tax from 26.5 cents a gallon to zero, and to keep it at zero as long as the additional revenues are there to sustain it.

Florida has a “problem” common to many states right now: skyrocketing tax revenues, and uncertainty about how best to return some of the surplus to taxpayers. It’s a good problem to have, but also a vexing one, particularly if state officials harbor doubts about the permanence of new revenue levels.

Jacksonville, Florida TV station WJXT-TV4 reported on Monday ("As Florida prices soar, DeSantis proposes $1B in gas tax relief"):

DAYTONA BEACH, Fla. – As Florida’s gas prices soar ahead of the Thanksgiving holiday, Gov. Ron DeSantis on Monday said he is proposing over $1 billion in gas tax relief in an effort to help lower gas prices in the state.

“The average family over a five or six month period, you know, could save up to $200,” DeSantis said during a news conference at a Daytona Beach Buc-ee’s. “There’s a whole bunch of things that go into the price of gas. There’s different taxes, federal, state, local level, we’re taking over 25 cents from Florida and we will basically zero that out for as long as we can and do over a billion dollars. That’s going to make a huge, huge deal.”

Millions of Floridians are expected to hit the road this week and when they do, they’ll be paying the most expensive Thanksgiving gas prices in eight years. Florida’s average per-gallon price stands at $3.36, the highest mark since $3.45 in 2013, according to AAA.

Wouldn't it be nice if even for just once Massachusetts state government could set aside the usual self-serving greed, visions of how that money can be better spent by them, and think of its subjects, the productive taxpayers struggling to get by on their own?

Nah, that's too much wishful thinking.  It won't happen on Bacon Hill without bringing out the torches and pitchforks.

As I keep saying "It doesn't need to be The Massachusetts Way"!

Chip Ford
Executive Director


Full News Reports
(excerpted above)

The Boston Herald
Thursday, November 25, 2021
Kudos to Herald for shedding light on faults with TCI scheme
By Paul Diego Craney


Anyone who drives a car or consumes anything delivered by a truck has an extra something to be thankful for this Thanksgiving, and that something is the Boston Herald. The Herald’s work editorializing against the regressive carbon gas tax scheme known as the Transportation and Climate Initiative and vigorously reporting on its faults over the last two and half years was critical to the scheme’s demise earlier last week. Without the local media coverage provided by the Herald, residents would have been hard pressed to find any accurate information on the potential 12-state scheme. Other Boston-based media outlets refused to cover the negative economic impacts and only covered the idealistic and virtuous aspects of TCI.

The TCI gas tax scheme could never have delivered any emissions reductions without inflicting significant economic harm on ordinary Massachusetts families. TCI was championed by Gov. Charlie Baker as a way to drive up fuel costs in order to lower demand, as well as to collect more money from taxpayers without calling it a tax. Motor fuels are considered inelastic, so TCI’s architects knew their actions had to be aggressive to change consumer behaviors. Gov. Baker’s former head of climate change famously said the quiet part out loud during a Zoom meeting with the Vermont Climate Council that went viral. The unelected bureaucrat described the need to “turn the screws” on people such as “the person across the street, the senior on fixed income,” and to “break the will” of ordinary people to achieve their arbitrary climate goals. The TCI scheme was designed to create a revolution, not an evolution, in the market.

The Massachusetts Fiscal Alliance was laser-focused on stopping the scheme before it could start. We took a lot of heat for being the loudest voice against the environmental lobby and Gov. Baker, but our efforts to resist the scheme in Massachusetts and organize others to do the same in the other 12 states paid off. Oftentimes, our work involved pointing people in the direction of the great work being done at the Herald and I am sure they felt similar pressure as they continually reported on the truth of the issue. The Boston Herald news reporters were often the only ones asking Gov. Charlie Baker any hard questions about the TCI scheme and for that, they should be commended. Along with Boston Herald columnist Howie Carr, the Boston Herald consistently delivered to its readers important information about the scheme.

Others in the coalition should be applauded as well. This includes Chip Ford at Citizens for Limited Taxation, the Beacon Hill Institute, the Committee to Stop the TCI Tax, the bipartisan group of petitioners who sought to bring the TCI repeal forward as a ballot question in 2022, Chris Carlozzi at the National Federation of Independent Business, MassGOP Chairman Jim Lyons and everyone else who worked so hard to stop this manipulative tax scheme. Without them, TCI would still be moving forward.

Massachusetts is the birthplace of the Thanksgiving Day holiday and motorists across the mid-Atlantic and New England can now be thankful that we are also not the birthplace of the TCI gas tax scheme. We hope they remember that this is due to the hard work of a lot of people, with a special thanks to the staff and reporters at the Boston Herald for speaking truth to power for the benefit of the everyday people of our great commonwealth.

Happy Thanksgiving, Massachusetts!

Paul Diego Craney is the spokesman for Massachusetts Fiscal Alliance.


The Boston Herald
Monday, November 22, 2021
Foot-dragging Massachusetts Legislature continues to be national embarrassment
By Joe Battenfeld

The Democratic-led Massachusetts Legislature is now officially a national embarrassment.

Lawmakers — who are still able to work remotely because the State House is closed to the public — are on a seven-week holiday break while billions in federal COVID relief funds sit there unspent.

So legislators get to enjoy Thanksgiving and Christmas from home, playing by their own rules while the rest of us struggle to meet our work demands while stressing out over the holidays.

And even when they come back from break, Democratic leaders make sure they do as little work as possible.

Legislative leaders on Monday unveiled a plan to get some workers back into the office in person starting Dec. 13, but lawmakers themselves will not be subject to that plan and will continue to work and cast votes remotely into the immediate future.

The Biden administration, meanwhile, is throwing money at the state while thousands are unemployed or underemployed, businesses are struggling and residents are paying millions more for gasoline and groceries.

And the Legislature is dragging its feet, locked in political games and power disputes.

Massachusetts is one of the only states in the country that hasn’t opened up the historic State House to the public, citing the continued threat of the coronavirus.

And Democratic leaders refuse to release the names of five state reps who haven’t been vaccinated, which doesn’t seem to be in the public interest. And you can’t file a public records request to find out the names of those reps because the Legislature is exempted from the public records laws.

Why aren’t they being more transparent?

Considering they’ve exempted themselves from everything else, it makes perfect sense they’d also be shielding their own from scrutiny.

It’s the height of arrogance.

They are requiring their own employees to be vaccinated yet refusing to identify the legislators who are breaking those rules.

It underscores the question: do we really need a full-time paid Legislature?

Why are taxpayers funding a Legislature that won’t come back to work — even at the cost of delaying the spending of billions in federal relief money?

Gov. Charlie Baker proposed spending the ARPA money way back in May, and wanted to put it to housing aid and other vital programs.

But no, petty lawmakers played politics and didn’t want Baker — who could run for a third term next year — to get credit for allocating the money. So they wasted months on alleged public hearings which were more of a dog and pony show, since the public isn’t even allowed back in the building.

What this is really about is control — the Legislature wants it and doesn’t want Baker to have it.

The Legislature can still meet in “informal sessions” through the holiday but that won’t happen because a single lawmaker can block any votes.

All this should strike fear in the hearts of voters. Can you imagine how much worse this would be if Democrats also controlled the governor’s office?

Yet that could happen next year if Baker decides to take a pass on another term.


The Boston Globe
Thursday, November 25, 2021
Massachusetts is now flush with cash,
possibly reshaping debate over proposed millionaires tax
By Matt Stout

Massachusetts has nearly $5 billion in unspent federal stimulus dollars to spread to its residents. At least another $8 billion in aid is coming from the US government to help repair roads, bolster public transit, and shore up the state against climate change. The state’s tax receipts are again running well ahead of expectations.

This is good news for Massachusetts. But the heady fiscal times could also complicate a question that voters are set to answer in the November 2022 election: Should Massachusetts raise taxes on its wealthiest residents to generate billions more for the state to spend?

A proposed constitutional amendment that would layer a surcharge on yearly earnings above $1 million will land on the ballot in 2022, years after it first surfaced during a time of mounting needs for Massachusetts’ school and transportation systems — and of financial uncertainty for the state.

The yawning shortfalls and prospective billion-dollar budget gaps of several years ago, however, have been replaced by an unexpected budget surplus, a state emergency savings account that’s surged to a record $4.6 billion, and multibillion-dollar buckets of federal aid that lawmakers say can bring “generational change” to Massachusetts.

That perception of a flush state government has shifted the ground under the intensifying debate between labor unions and activists, who warn the state’s needs will far outstrip its current financial good fortune and business leaders who caution that hiking taxes on the rich could unnecessarily undercut the state’s competitiveness.

“It’s a totally different landscape about the need to raise revenue and what the revenue is for,” said Evan Horowitz, executive director of the Center for State Policy Analysis at Tufts University, which studies state ballot questions. “In the short term, it has weakened the argument for any kind of immediate tax increase. The state is not desperately looking for money. What I don’t know is if it fundamentally changes the long-term issues” the revenue could be used to address.

The so-called millionaires tax would impose a 4-percent surtax on annual personal income above $1 million. According to a state analysis that is now six years old, the measure could generate anywhere between $1.6 billion and $2.2 billion in revenue each year, though opponents argue the estimates are inflated.

Its supporters say the money could immediately go toward financing the state’s new school funding system passed in 2019 while also helping rebuild the state’s crumbling roads and update a woefully underfunded MBTA. They also argue the measure, dubbed the Fair Share Amendment, would inject equity into what they describe as an unfair flat state income tax rate, which is currently set at 5 percent.

“The Fair Share Amendment is not about one budget cycle. It’s about making generational investments over the next 10, 20, 30, 40 years,” said Andrew Farnitano, a spokesman for Raise Up Massachusetts, the coalition that’s organized behind the effort since 2015. “From our perspective, the need for the investment has never been greater coming out of the pandemic.”

During the public health crisis, the state has also reaped newfound and unexpected resources. Legislative leaders are still negotiating the details of a roughly $4 billion package that pulls money from $4.9 billion in federal American Rescue Plan Act aid and a $1.5 billion state surplus.

Once they reach an agreement, there will likely still be billions left to be spent in the months or even years ahead, when the state could also see even more extra cash. Through October, Massachusetts had collected $723 million more in tax revenues than it was expecting through those four months of the fiscal year, a trend that Alan Clayton-Matthews, an economist and Northeastern University professor emeritus, said sets the state up to “most certainly” see a surplus by the end of June.

“I think people will have the feeling that times are good, as far as revenues for the state go,” he said.

The state can also expect to receive at least $8.5 billion over several years through the new federal infrastructure law, including funding for airports, public transit, bridges, and electric vehicle chargers. It’s money that can effectively target one of the primary goals of the millionaires tax: Seeding badly needed capital work.

The tax proposal’s proponents — including all three Democratic gubernatorial candidates — say that while the federal aid can help jump start a variety of projects, it’s not a substitute for a long-term tax increase.

Some officials also question how far the infrastructure bill funding can ultimately go. “The jury is out if it is going to be truly transformational,” said Senator Sonia Chang-Díaz, a Jamaica Plain Democrat running for governor.

“Those who don’t want to pay for it are going to use what we’re dealing with at the moment and make an argument, ‘Gee whiz, the Fair Share Amendment really isn’t needed now,’ ” said Representative James J. O’Day, who sponsored the amendment.

“I get a little annoyed when people say, ‘Oh my goodness, we have money today.’ This is a short-term fix,” the West Boylston Democrat said of federal aid. “The Fair Share Amendment isn’t a sprint. It’s not a one-time deal, not a two-time deal. It’s annually. That can only be a benefit to our families, to our communities, to our businesses, to infrastructure.”

But opponents say the current big pots of money shouldn’t be ignored at the ballot box, even if it’s not the only reason they are pushing voters to reject the proposal. By writing the tax change into the Massachusetts constitution, critics argue, it restricts the state’s ability to change the language should officials later want to amend or repeal it.

The process of amending the constitution requires votes in successive two-year sessions before a proposal can go to voters. And in the millionaires tax proposal’s case, it will ultimately take seven years after advocates first began collecting signatures in 2015 but saw the Supreme Judicial Court reject an earlier iteration of the measure before it could make it to the 2018 ballot.

“You can be for more transportation revenue, which we are, and not support this tax increase,” said Eileen McAnneny, president of the business-backed Massachusetts Taxpayers Foundation, which in September warned the MBTA is staring down “fiscal calamity” in the coming years. McAnneny suggested state officials should instead consider raising the gas tax or hiking fees to address needs beyond the federal aid.

“Amending the Constitution to include a tax just doesn’t make sense,” she said.

Business leaders have also repeatedly challenged the assertion the money would go toward education and transportation as promised, noting it would technically be “subject to appropriation” — a phrase that gives the Legislature wide latitude in deciding the fate of funding.

The Massachusetts High Technology Council sent a letter to Attorney General Maura Healey and Secretary of State William F. Galvin asking that the description of the ballot measure sent to voters include a line stating that the Legislature could ultimately reduce funding on education and transportation from other sources and simply replace it with the new surtax revenue.

The tax debate is likely to seep into other races on the 2022 ballot. Governor Charlie Baker — who has opposed broad-based tax increases and indicated he, too, is against the millionaires tax — has cast doubt on the proposal’s need given the federal aid.

He’s also questioned how much it would actually raise. The second-term Republican, who has yet to say whether he’ll seek a third, has echoed business leaders in suggesting the tax could push high earners out of Massachusetts. “We should be very careful about . . . how much we think we might raise through something like the Fair Share tax,” Baker said on GBH’s “Boston Public Radio” in September.

One Republican who is already running for governor next year, Geoff Diehl, a former state representative, also opposes the proposal, saying it would have a “chilling effect on economic development.”

Democratic candidates, however, have embraced it. Danielle Allen, a Harvard professor, said she supports the proposed amendment, saying federal aid will only address the “initial hurdles” in investing in infrastructure. But she also suggested officials could revisit the need for it at a later date. “It doesn’t mean you need to have it in perpetuity,” she said.

Ben Downing, a former state senator, said that people can argue the federal funds may be enough “to manage the status quo,” but that the state’s needs demand more, leaning into criticisms he and other Democrats have lobbed at what they view as Baker’s incremental approach to governing.

“It’s important to ask candidates who don’t support the Fair Share Amendment why we should be reliant on the federal government to fund things we consider priorities,” he said.

Jon Chesto of the Globe staff contributed to this report.


The Boston Herald
Wednesday, November 24, 2021
MassFiscal pushes Gov. Charlie Baker for a two-month gas tax relief holiday
By Marie Szaniszlo


The Mass Fiscal Alliance is urging Gov. Charlie Baker to use some of the state’s $4.6 billion rainy day fund to give drivers a two-month gas tax holiday as prices reach their highest Thanksgiving week average since 2012.

The tax break would follow the two-month sales tax holiday Baker [un]successfully pushed for in June.

Now, with the state flush with cash and with drivers seeing the highest cost of gasoline — an average of $3.42 per gallon — since 2012, when it was $3.58, MassFiscal is urging Baker to give drivers a “desperately needed” two-month break from the state’s 24-cents-per-gallon gas tax, said Paul Craney, spokesman for the alliance.

“Gov. Baker should do everything he can to provide relief for motorists who have to drive to work, pick up their kids from school and make long journeys over the holidays to see family and friends,” Craney said.

Baker’s office did not respond to requests for comment.

Massachusetts collects approximately $50 million in gas tax revenue per month, Craney said. A gas tax holiday would follow the two-month sales tax holiday that Baker pushed for in June, using some of the state’s excess tax revenue

“When he first ran in 2014, he understood the importance of fuel prices to the working people of Massachusetts,” Craney said. “He now has an opportunity to help motorists when they could use his leadership the most. We hope he takes it.”

“Rainy-day funds are funds stored for taxpayer relief,” said Frank Conte, a policy analyst at the Beacon Hill Institute, a conservative think tank. “For many years, legislators have avoided returning those dollars to taxpayers. But giving drivers a rare tax break isn’t a bad thing.”

President Biden on Tuesday ordered a record 50 million barrels of oil released from America’s strategic reserve, aiming to bring down gasoline and other costs, in coordination with other major energy consuming nations including India, the United Kingdom and China.

The U.S. action is focused on helping Americans coping with higher fuel and other prices ahead of Thanksgiving and winter holiday travel. Gasoline prices are at about $3.40 a gallon, more than 50% higher than a year ago, according to the American Automobile Association.

“While our combined actions will not solve the problems of high gas prices overnight, it will make a difference,” Biden promised in remarks at the White House. “It will take time, but before long you should see the price of gas drop where you fill up your tank.”

Herald wire services contributed to this report.


Tax Foundation
Tuesday, November 23, 2021
The Surprising Challenge of Too Much Tax Revenue—and Florida’s No-Gas-Tax Solution
By Jared Walczak


Florida Governor Ron DeSantis (R) knows how to make a splash, and his proposal to suspend the state’s gas tax—temporarily, but without a specific end date—will only burnish that reputation. Citing rising prices at the pump and the state’s substantial revenue surplus, the governor is calling upon the legislature to take the state’s gas tax from 26.5 cents a gallon to zero, and to keep it at zero as long as the additional revenues are there to sustain it.

Florida has a “problem” common to many states right now: skyrocketing tax revenues, and uncertainty about how best to return some of the surplus to taxpayers. It’s a good problem to have, but also a vexing one, particularly if state officials harbor doubts about the permanence of new revenue levels. Lowering taxes, even temporarily, puts more money in people’s pockets, which has economic benefits (and is desirable in its own right), but it’s not pro-growth in the way that permanent rate reductions or meaningful structural reform is.

While DeSantis’s most prominent potential Democratic opponent—former Gov. Charlie Crist (D), who previously governed the state as a Republican—has criticized the proposed $1 billion tax cut, his critique is that it should have been taken up in special session this year. In 2022, Florida voters may well be choosing between two gubernatorial candidates who believe the appropriate gas tax rate to be zero—and indeed, it may already be the new rate by then.

Whatever policy rationales stand behind the proposal, there’s another reason why both candidates are aligning themselves with the idea: reducing gas tax burdens is good politics. Political candidates have been deemed out of touch for not knowing the price of a gallon of milk, but even consumers who purchase milk regularly may not notice every price fluctuation, whereas any driver can tell you how high gas prices have soared in their area. It’s literally in lights everywhere they turn, and with the average driver purchasing over 650 gallons of motor fuel each year, high prices at the pump take their toll.

Students of public finance, however, tend not to share this popular enthusiasm for lower—or no—gas taxes because they rightly see the motor fuel tax as one of the better examples of a user-pays excise tax, where the amount one pays is at least roughly commensurate with government benefits received. Most state gas taxes are already set too low to fully cover state infrastructure costs, but zeroing out the gas tax is a massive subsidy for drivers, shifting the cost of road construction and maintenance into tax revenue streams that take no account of taxpayers’ use of state infrastructure.

Well-designed excise taxes either create a user fee system or internalize some meaningful externality, or both. Theoretically the gas tax has the potential to do both, as it could be envisaged as (1) covering the cost of using the roads (user fee) as well as (2) putting a price on contributions to road congestion and (3) having drivers bear the social cost of emissions and other environmental harms caused by driving (internalizing externalities). In practice, however, nearly all motor fuel taxes fall short of fully covering road expenditures, and that is true of Florida, where motor fuel taxes, tolls, and license fees combine to generate 79 percent of the amount needed to fund the state’s highway spending. Therefore, while the gas tax may have some role in nudging people toward more fuel-efficient vehicles, consolidating trips, or switching to other modes of transportation, its primary role is clearly as a user fee.

At least as long as it doesn’t have a rate of zero cents per gallon.

But Florida’s startling proposal of a lengthy gas tax holiday is merely one of the starker examples of states’ broader challenges in figuring out what to do with overflowing coffers. There is good reason to believe that most states are on a continued revenue growth trajectory, so at least some of this new revenue can be dedicated to permanent tax relief. It is also the case, however, that states are riding particularly high right now buoyed by one-time money in the form of flexible federal aid and by time-limited trends resulting from pandemic-era economic activity and federal policy. To the extent that some states see a *temporary* spike in tax collections, policymakers face difficult choices, even if this is a good problem to have.

Too often, states use one-time increases irresponsibly, applying short-term revenues to permanently higher expenditures. Similarly, while the current economic environment provides ample room for most states to explore responsible permanent tax reforms, there are certainly historical examples of states using one-time revenues to implement permanent tax cuts, without identifying future offsets to make the plans balance. Prudence demands that one-time money be dedicated to one-time expenditures. States, therefore, have a few options:

Depositing money into reserve funds, like the state’s rainy day fund.

Retiring debt or reducing long-term liabilities, including replenishing unemployment compensation trust funds and improving the fiscal health of state pension funds.

Making one-time investments, whether that means upgrading DMV computer systems, repairing bridges, undertaking water quality improvement projects, or anything else that has a long-term benefit but is not a recurring expenditure.

Covering the transition costs associated with structural tax reform, providing a buffer in areas where there might be some revenue uncertainty or some short-term transitional revenue losses.

Temporary tax relief, restoring some of the surplus to taxpayers without creating a long-term commitment.

Temporary tax relief is not as economically productive as permanent tax reform. Individuals are unlikely to move to a state or to work more hours, and businesses are unlikely to relocate, to hire additional employees, or to expand operations, based on tax cuts that will soon expire. (And a zeroed-out gas tax, in particular, will not induce new investment or economic activity.)

The political case for temporary tax relief is simple: taxpayers will take note of a gas tax suspension. The policy case, however, is predicated more on what it forestalls. Even a relatively inefficient way of returning excess tax revenue to the taxpayers is preferable to applying short-term revenue increases to new recurring expenditures. (Other states have explored refund checks, which are arguably superior to a gas tax holiday, but Florida already forgoes an individual income tax.) Policymakers who aren’t eager to grow the size of government, or at least not beyond stable revenue trajectories, understandably prefer most mechanisms to return the surplus to taxpayers to the alternative of creating unsustainably higher budget baselines.

But these aren’t the only choices.

It makes sense for those driving on Florida’s roads to bear the cost of maintaining them, so suspending the gas tax—while one of the easiest ways to return taxpayer dollars—is also among the least economically efficient. Even beyond the specific mechanism, however, it is better for policymakers to use one-time revenue increases to make the sort of investments that can keep taxes low in the future. That can mean making sure a state’s rainy day fund is adequately funded (avoiding the need for tax increases during a future recession), reducing unfunded pension liabilities (which also has future tax implications), or using the revenue buffer to offset the transition costs of structural tax reform.

Florida does not have a throwback rule in its corporate income tax, but throwback rules provide a good example of what it could look like to cover transition costs. Economic analyses indicate that, in the long term, repealing throwback rules does not reduce, and may even increase, tax revenues, as business activities formerly driven out of state return to the state. But in the short term, some businesses that haven’t been able to avoid the tax will see a tax cut, which can temporarily reduce state revenues. A temporary revenue surge can bridge that gap.

Similarly, there’s often some level of revenue uncertainty in tax reform. Now is a good time to act, because the higher revenues provide a buffer in the event that the initial projections are slightly off.

Most states—including Florida—are in a good position to provide *permanent* tax relief given their revenue forecasts. However, if they justifiably only feel confident that a portion of their currently higher revenues are permanent, and have additional one-time revenues to spend, they should consider either using it to help phase in meaningful long-term tax reform or for expenditures that improve the state’s long-term fiscal health. Temporary tax relief measures, like refund checks or gas tax holidays, are not necessarily *bad," and can be justified as ways to return excess revenues to taxpayers, but they often miss an opportunity to do better by taxpayers in the long run.


WJXT-TV4 Jacksonville, Florida
Monday, November 22, 2021
As Florida prices soar, DeSantis proposes $1B in gas tax relief
By Renee Beninate


DAYTONA BEACH, Fla. – As Florida’s gas prices soar ahead of the Thanksgiving holiday, Gov. Ron DeSantis on Monday said he is proposing over $1 billion in gas tax relief in an effort to help lower gas prices in the state.

“The average family over a five or six month period, you know, could save up to $200,” DeSantis said during a news conference at a Daytona Beach Buc-ee’s. “There’s a whole bunch of things that go into the price of gas. There’s different taxes, federal, state, local level, we’re taking over 25 cents from Florida and we will basically zero that out for as long as we can and do over a billion dollars. That’s going to make a huge, huge deal.”

Millions of Floridians are expected to hit the road this week and when they do, they’ll be paying the most expensive Thanksgiving gas prices in eight years. Florida’s average per-gallon price stands at $3.36, the highest mark since $3.45 in 2013, according to AAA.


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