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CLT UPDATE
Sunday, January 9, 2022

Record-Shattering Revenue Haul Still Not Enough


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

State tax revenues have defied expectations throughout the pandemic and federal aid has helped to keep Massachusetts fiscally healthy over the last two years. But uncertainty about the sustainability of recent positive economic trends and unknowns surrounding the latest mutated form of the coronavirus made trying to predict tax collections for the next 18 months a daunting task Tuesday.

House Ways and Means Chairman Aaron Michlewitz, Senate Ways and Means Chairman Michael Rodrigues and Administration and Finance Secretary Michael Heffernan called economists and budget experts to testify on what they expect to see in fiscal year 2023 from state tax collections, the first step in building a spending plan for the budget year that begins July 1, 2022....

Despite all pointing to a number of factors that could undermine their estimates -- like yet another COVID-19 surge, ongoing labor shortages and supply chain glitches, and persistently high inflation -- the experts assembled Tuesday largely agreed that Massachusetts can expect to collect at least about $36.48 billion and possibly as much as nearly $40.8 billion in tax revenue next budget cycle, which would be between 6 percent and 18.6 percent more than the Baker administration's official expectation for the current budget year....

Five months in, fiscal year 2022 tax collections are more than $900 million ahead of consensus revenue expectations to this point in the year and are trending more than $2 billion ahead of actual fiscal 2021 collections through the same period of time.

State House News Service
Tuesday, December 21, 2021
Analysts See State Tax Revenue Growth Rolling Along


The grand total of state revenues collected by the end of fiscal year 2021 exceeded that year's budget estimates by more than $13 billion, including a surplus of more than $5.86 billion in tax revenue, according to a new report from the state comptroller.

Fiscal year 2021 revenues from all sources totaled $56,867,366,700 as of June 30, 2021, Comptroller William McNamara's office said in an accounting report typically required by the Legislature in each year's budget. That was 30 percent more than the $43,641,100,000 revenue grand total estimated in the fiscal year 2021 budget....

Income tax revenue, the single largest bucket of state tax revenue, came in at more than $19.61 billion -- outpacing the budget's underlying estimate of $15.93 billion by nearly 25 percent.

State House News Service
Monday, January 3, 2022
Comptroller: FY '21 Revenues Smashed Estimates By $13 Billion


December tax collections of $4.24 billion shattered last year's mark for the final month of the year and exceed estimates by more than 40 percent, but the windfall is likely temporary with state revenue officials attributing much of gains to a change in state law that allows certain businesses to avoid federal limits on state and local tax deductions.

The Department of Revenue reported Wednesday that the state in December 2021 collected $1.4 billion more than in December 2020 and $1.23 billion more than estimates for the month. But DOR also said much of that money will be returned through refunds.

Still, even after adjusting for the business tax changes, the department said December tax collections exceeded last year's haul by $520 million, or 18.3 percent, and beat estimates by $635 million.

"December 2021 revenue collections increased in all major tax types in comparison to December 2020 collections and the December 2021 monthly benchmark, including withholding, non-withholding, sales and use tax, corporate and business tax, and 'all other' tax," Revenue Commissioner Geoffrey Snyder said. "The increase in withholding is likely related to improvements in labor market conditions."

State House News Service
Wednesday, January 5, 2022
Change in Law Leads to Massive December Tax Haul


The last week of 2021 was the best one on record for Massachusetts Lottery sales as weekly sales records for scratch tickets and Keno combined with a rising Powerball jackpot to contribute to more than $145.3 million in sales....

The Lottery produced a record $1.112 billion in profit in fiscal 2021 for the Legislature to use as local aid to cities and towns and through five months of fiscal 2022 is running roughly $38.5 million ahead of the fiscal 2021 profit pace.

[State Treasurer Deborah] Goldberg told lawmakers and Baker administration officials last month that she expects the Lottery will generate about $995 million in revenue for the state this fiscal year and roughly $1 billion in fiscal year 2023.

State House News Service
Wednesday, January 5, 2022
Bettors Dump Record Amounts Into Lottery


Democratic lawmakers are pitching plans to ratchet up taxes on corporations to support the state’s recovery from the economic impacts of the pandemic.

Several proposals heard by the Legislature’s Revenue Committee Wednesday would increase the state’s corporate tax and set other new levies to squeeze more money out of corporations they say have reaped profits during the pandemic.

One proposal filed by Rep. Mary Keefe, D-Worcester, would raise the current corporate tax rate of 8% to the pre-2010 rate of 9.5%, which backers say would generate $375 million to $500 million annually....

Another proposal, filed by Rep. Mike Connolly, D-Cambridge, would establish a tiered alternative minimum tax charging corporations from $456 to $150,000 a year depending on sales. Businesses that report less than $1 million in sales a year would only pay $456, which is the current flat rate for all businesses.

Connolly told the committee that the changes would bring more “fairness” into the state’s corporate tax structure....

Last year, a coalition of labor unions, community groups and faith groups called on Beacon Hill to increase taxes on corporations and wealthy shareholders to drum up money to offset pandemic-related budget cuts that were being predicted at the time.

Increasing the tax on corporate profits from 8% to 9.5%, advocates say, could generate another $450 million to $525 million a year for the state’s coffers.

The group, Raise Up Massachusetts, is also behind a “millionaires tax” referendum cleared for the 2022 ballot that will ask voters to amend the state constitution to set a 4% surtax on the portion of an individual’s annual income above $1 million....

Business leaders say raising corporate taxes would be a mistake for the state as it tries to recover from the economic impacts of the coronavirus.

“The idea of piling on new taxes at a time when businesses are trying desperately to recover would be folly,” said Chris Carlozzi, state director of the Massachusetts chapter of the National Federation of Independent Businesses. “For lawmakers to say that the state needs more tax revenue from businesses at a time when billions of dollars in pandemic relief has come into the state is disingenuous.”

The Salem News
Thursday, December 23, 2021
Lawmakers want to increase corporate taxes


While the federal government has pumped billions of one-time dollars into state economies, some legislative Democrats believe the state still should be looking to wealthy corporations for additional revenue to fund education, transportation and other priorities when those funds inevitably dry up.

The Joint Committee on Revenue held a hearing Wednesday on dozens of bills related to corporate tax structures, including proposals to return the state's corporate tax rate to pre-2010 levels and to increase the minimum tax companies without other liabilities must pay.

State House News Service
Wednesday, December 21, 2021
Dems Push For Higher Taxes On Businesses


When is a tax hike not a tax hike?

When Massachusetts Democrats maneuver definitions with the skill of a three-card monte dealer....

According to the State House News Service, some legislative Democrats believe the state still should set its sights on wealthy corporations for additional revenue to fund education, transportation and other priorities.

Corporations are the go-to villain for Democrats, aghast at their job-creating, worker-employing, economic growth boosting gall.

It’s time for them to pay for all that success....

Rep. Mary Keefe, a Worcester Democrat, proposed increasing the corporate tax rate from 8% to 9.5%, the same level it sat at more than a decade ago. She said there are only eight other states where businesses pay a smaller share of state and local taxes than they do in Massachusetts....

“We need to generate more progressive revenue,” Keefe said.

Corporate tax reform, she said, would also improve equity in the tax code because she said business taxes are paid disproportionately by white, high-income households who are more likely to own stock.

“I don’t like to use the word raising taxes,” she said. “This is about restoring the tax to where it was before 2010.”

So making a tax higher isn’t raising it, it’s just reverting the tax to where it was 21 years ago. When it was higher. Sorry, but up is up....

The problem with corporate tax hikes is that businesses go where the tax environment is friendly. And there are many states who openly court big businesses to boost their local economy.

Businesses don’t have to make it in Massachusetts. Nor do they have to spend it here.

We do need to consider a future when the federal gravy train pulls out of the station, but eyeing Massachusetts’ corporations as giant ATMs who must stand in for D.C.’s coffers is the best way to send these companies packing.

A Boston Herald editorial
Friday, December 24, 2021
Raise taxes, say goodbye to businesses


A tax deduction for charitable donations approved by voters more than two decades ago will be delayed again after lawmakers failed to authorize the changes before recessing for a seven-week winter break.

Under the law, people would be allowed to claim charitable contributions against their Part B adjusted gross income on their state taxes. The deduction could not be used for donations of household goods or clothing.

Voters approved the deduction in 2000 as part of a referendum rolling back the state’s personal income tax rate to 5%. The referendum was approved by more than 70% of voters.

Two years after its approval, the Legislature froze the personal income tax at 5.3% to plug budget shortfalls and created a mechanism to reduce the tax rate as revenue growth allowed.

As part of the changes, lawmakers froze the charitable deduction until the state’s income tax rate fell to 5%.

The state had planned to allow the deductions starting this year since the income tax rate finally dropped to 5%. But lawmakers postponed it, citing the financial impact of the pandemic....

Senate Minority Leader Bruce Tarr, R-Gloucester, a chief proponent of bringing back the tax deduction, said he is “disappointed” that the Legislature didn’t take action on it before breaking for a long winter recess.

Tarr likens the delay to a move by the Legislature years ago to postpone a reduction in the personal income tax rate that was approved by voters by a referendum.

“It’s another example of something that the voters overwhelmingly mandated that has continued to be short on Beacon Hill,” he said. “I think it promotes distrust in government to have that kind of a situation and it’s hard to defend given the financial situation we find ourselves in.”

Massachusetts has benefited from an influx of billions of dollars in federal pandemic relief, as well as better-than-expected tax collections in recent years that have given Beacon Hill policymakers a pile of surplus money.

Tarr sought to implement the voter-approved tax break as part of the $4 billion plan to spend American Rescue Plan Act funds and state surplus revenue.

But the Democratic-controlled Legislature rejected his amendment, ensuring that the charitable deduction won’t be available for income tax filers next year.

The Salem News
Monday, December 27, 2021
Beacon Hill punts on charitable deductions law, again


With some of the highest property values in the country, some older Massachusetts homeowners possess sizable wealth. But those high values carry high taxes, and many seniors on fixed incomes find themselves in a state that one local assessor called "house rich and cash poor."

That contrast was a central theme before the Revenue Committee on Tuesday, where supporters of legislation to update senior tax relief programs pushed for measures that would increase the value of local exemptions or make more residents above the age of 65 eligible to defer property taxes....

Older Bay Staters can seek property tax relief in several ways, including via the state-administered circuit breaker tax credit, local exemptions, and deferral of the taxes owed at the local level.

The deferral option allows residents 65 or older with low annual incomes to push back a portion or all of the property taxes they owe. According to a Department of Revenue taxpayer guide, the taxes plus interest cannot exceed more than 50 percent of the homeowner's "proportional ownership share of the fair cash value of the property." ...

Their bill would also amend the 8 percent default interest rate on the deferred property tax value to a lower figure based on recent state or local bond rates, which Vitolo estimated is about 3 percent.

Another obstacle the deferral program poses, Vitolo said, is a sharp and sudden increase in the interest rate when a recipient dies.

Current law doubles the rate from 8 percent to 16 percent "on the day of that senior citizen's passing," Vitolo, a Brookline Democrat, said. His bill would delay that increase by one year to give surviving family members or an estate time to respond.

State House News Service
Tuesday, December 28, 2021
Lawmakers Urged To Join Senior Tax Relief Movement


Wednesday, Jan. 12, 2022:

REVENUE COMMITTEE: Joint Committee on Revenue holds a virtual hearing to consider 13 bills related to estates and another 37 bills concerning income taxes. As voters prepare to consider a ballot question in November that would impose a 4 percent surtax on household income above $1 million, several of the bills seek changes to other sections of tax law.

A bill from Cambridge Democrat Rep. Connolly and Northampton Democrat Sen. Comerford (H 2851) would increase the tax rate on Part A taxable income consisting of interest and dividends and the tax on Part C income from 5.3 percent to 9 percent.

Other bills include proposals to cap the statewide income tax at 6.25 percent (S 2002) and to create tax credits for rent paid on personal residences (H 3078). Also, officials from Children's HealthWatch plan to testify on a bill (S 1852) expanding the earned income tax credit to certain immigrants who file taxes. (Wednesday, 10 a.m.)  https://malegislature.gov/Events/Hearings/Detail/4137

State House News Service
Friday, January 7, 2022
Advances - Week of Jan. 9, 2022


Legislators pushing for estate tax reform aimed at raising an outdated threshold that burdens middle class families are on the right track.

But it won’t solve the state’s “snowbird” problem....

It’s that $1M bar that needs to go.

“If you’re a middle class family who’s just sitting on property, the valuation has just increased,” said state Sen. Julian Cyr (D-Truro), who authored the Senate version of the bill. “Those are the folks who’re being adversely affected by the state tax, not the ultra-rich, who frankly are savvy and well-resourced enough to avoid it in the first place.”

According to Zillow, the average Massachusetts home costs $541,834, a 16.6% increase from a year ago. “That means that a lot of middle-income families really quickly hit that $1 million threshold,” said State Rep. Daniel Fernandes (D-Falmouth), who filed the House version of the bill. “If they just have a home that is slightly over half a million dollars, and they have some money in a 401k and maybe a car and a life insurance policy.”

The bill would double the threshold from $1 million to $2 million.

“The estate tax in Massachusetts was always intended to be a rather progressive tax, meaning that you’re focusing on folks who are wealthy and super-wealthy, but I think that the million dollar threshold feels out of date,” Cyr said.

Eileen McAnneny, president of the Massachusetts Taxpayers Foundation, noted that the risk of losing the state’s aging population to other states like Florida and New Hampshire already has a ripple effect on the state’s other revenues, including capital gains taxes, interest, dividends, sales tax and more. The Herald reported earlier this year that the state lost $20.7 billion in adjusted gross income between 1993 and 2018....

Massachusetts has many wonderful attributes — a balmy winter isn’t one of them. Florida and other points south have appealed to retirees since the first grandpa wore socks with sandals and declared it a fashion statement.

Things are less expensive the farther south you go. A visit to NerdWallet’s cost of living calculator finds that compared to Boston, the cost of living in Tampa is 40% lower. The cost of food is 4% lower, and the price of entertainment is 11% lower. Healthcare costs are 13% lower.

So while the lawmakers’ reform bill is a much-needed piece of legislation to bring the estate tax code up to date, it doesn’t reform the weather nor the prices in our beautiful, cold, expensive state.

A Boston Herald editorial
Thursday, December 30, 2021
High temps, low prices lure snowbirds to FL


A friend of mine who lived for many years on the North Shore relocated to Kentucky in 2018 and has rejoiced ever since that it was among the best decisions he ever made. Compared with the Bay State, he reports, the housing where he lives now is more affordable, the taxes are lower, the winters are milder, the people are friendlier, and the politics are more congenial. Not even the tornadoes that tore up Western Kentucky last month have dampened his satisfaction in no longer having to put up with all the things that he found so irksome about life in Massachusetts.

My friend’s experience isn’t anomalous. Each year, more people leave Massachusetts for other states than move to Massachusetts from other states. According to the US Census Bureau, between April 2020 and July 2021, the population of Massachusetts shrank by more than 45,000. Only three other states — California, New York, and Illinois — experienced a greater net outflow of residents....

Massachusetts certainly has its charms and advantages; countless Bay Staters would never consider moving anywhere else. But plenty of their neighbors feel differently. Year in, year out, tens of thousands of Massachusetts residents leave for good, and their numbers aren’t replenished by newcomers from other states. My friend in Kentucky is happy he left, and he’s clearly not alone.

The Boston Globe
Wednesday, January 5, 2022
Bye-bye, Bay State
By Jeff Jacoby


Lawmakers pocketed a pricey pay bump last year, sending salaries for most state senators and representatives north of six figures as the pandemic surged.

State Sen. Cynthia Friedman was the highest-earning lawmaker of 2021, taking home $220,544, state payroll data shows. The Arlington Democrat earned more than $41,000 more than the next highest earner, Speaker of the House Ronald Mariano.

Mariano, D-Quincy, collected $179,276. His counterpart in the Senate and the Legislature’s third-highest earner Senate President Karen Spilka, D-Ashland, was paid $178,276.

Base pay for all 200 state lawmakers climbed from $66,250 to $70,530 last year thanks to a 4.89% raise that was made available to them by a 2017 law that tied biennial increases in their salaries to changes in wages over the previous two years.

Office expense accounts and lucrative stipends for those serving on committees also saw increases, further padding the pockets of lawmakers like Friedman....

The state comptroller’s office lists Friedman’s base pay at $135,331.

Expense accounts range from $16,245 and $21,660 depending on how far lawmakers live from the State House.

The Boston Herald
Tuesday, January 4, 2022
Many Massachusetts state lawmakers earning six-figure pay, one tops $220,000


The United States Labor Department recently confirmed what ordinary Massachusetts residents already knew; inflation is having a crushing impact on millions of low-income and middle-class Massachusetts residents. What they may not know is that while this is devastating news for almost all of us, for our state’s 200 lawmakers, it means they are eligible for a significant pay raise....

While this is horrible news for ordinary, working-class Massachusetts taxpayers, it’s great news for our part-time, “full time” legislature. In January, Massachusetts lawmakers received a scheduled automatic pay raise which is tied to the rate of inflation. As the rate of inflation reaches a 40-year high, lawmakers’ next eligible automatic pay bump will be their biggest yet if it stays on pace.

As we head into 2022, inflation and economic anxiety are at the forefront of the minds of most Massachusetts residents — except those at the State House. And why would it be? For lawmakers, inflation means automatic pay raises and higher wages. As for Massachusetts Speaker Ron Mariano and Senate President Karen Spilka, they still want more....

Despite their automatic pay increases, and their proposed ballot question plan to increase the income tax rate by 80%, Speaker Mariano and Senate President Spilka are sitting on a pile of dough. These legislative leaders currently control billions of dollars in excess taxpayer money and federal COVID relief money. Even with billions of dollars of taxpayer money going unspent, these enriched legislative leaders will try to fool enough voters into thinking they don’t have enough money next year.

The public often wonders why their paychecks don’t get any bigger while politicians get rich when they get elected. It’s really simple. Politicians propose gimmicks to raise taxes, which take more out of ordinary people’s paychecks and politicians give themselves automatic pay raises when everyone else is suffering. That is a theme Massachusetts Fiscal Alliance will remind the public throughout the New Year until the legislature’s 80% income tax hike gimmick fails next November.

The Boston Herald
Wednesday, December 22, 2021
As inflation crushes taxpayers, Legislature sees riches ahead


Massachusetts is preparing to enact some of the most stringent regulations for truck emissions in the nation, as the Baker administration seeks to curb tailpipe pollution to meet its ambitious environmental goals.

The new regulations, unveiled by the state Department of Environmental Protection this week, would adopt California’s accelerated truck standards requiring an increasing percentage of all medium- and heavy-duty trucks sold to be zero-emission starting in 2025.

The regulations, once finalized, will require manufacturers increase zero-emission truck sales in the state between 30 and 50% by 2030 and 40 and 75% by 2035....

The move will make Massachusetts one of five states -- including Washington, Oregon, New York, New Jersey -- to adopt California's stringent rules....

"Major policies that ban the sale of entire categories of vehicles is a decision that should be debated by the Legislature and not rushed through by unelected bureaucrats before a major holiday," said Paul Craney, spokesman for the Massachusetts Fiscal Alliance, a conservative, pro-business group....

Massachusetts adopted California's Low Emission Vehicle program regulations in 1991 and has updated it to remain in sync with the West Coast state's regulations. The new regulations involves emission standards for vehicles built in 2025 and also medium- and heavy-duty vehicles and engines.

The move follows the collapse of a multi-state pact aimed at reducing regional vehicle emissions for both trucks and passenger vehicles.

Last month, Gov. Charlie Baker pulled the plug on the Transportation Climate Initiative after the agreement failed to gain traction among other states.

Baker had been one of the most vocal proponents of TCI, touting it as key to the state’s effort to reduce the largest source of greenhouse gas emissions.

But most of the original dozen states that were included in the initiative had backed away, and when Connecticut Gov. Ned Lamont announced that he won't be joining the pact, Baker had no choice but to pull Massachusetts out.

The Eagle-Tribune
Thursday, January 6, 2022
State to adopt stringent truck emissions rules


As it aims for Massachusetts to phase out sales of traditional gas-powered medium- and heavy-duty vehicles over the next three decades, the Baker administration is adopting greenhouse gas emissions standards and regulations from California meant to accelerate the switch to electric vehicles.

The Department of Environmental Protection last week filed emergency regulations and amendments to immediately adopt the Golden State's Advanced Clean Trucks (ACT) policy, which requires an increasing percentage of trucks sold between model year 2025 and model year 2035 to be zero-emissions vehicles....

The administration said the adoption of California's regulations, which is required in certain circumstances under Massachusetts law, will help reduce pollution that harms the environment, promote the adoption of electric trucks and "lead to reduced fuel consumption and fuel costs and maintenance due to more fuel-efficient engines and vehicles and next-generation zero-emission trucks."

"Massachusetts continues to take aggressive action to reduce emissions from the transportation sector, and addressing pollution from medium- and heavy-duty vehicles and advancing the market for clean trucks is an essential part of this effort," Energy and Environmental Affairs Secretary Kathleen Theoharides said....

The Massachusetts Clean Air Act requires that the Bay State "shall adopt motor vehicle emissions standards based on the California's [sic] duly promulgated motor vehicle emissions standards" unless DEP determines, after a public hearing and based on "substantial" evidence that emissions standards and a compliance program similar to California's "will not achieve, in the aggregate, greater motor vehicle pollution reductions than the federal standards and compliance program."

DEP said that its analysis of the California regulations concluded that they "are clearly more stringent and provide, in the aggregate, greater emission reductions than the current federal program, and therefore must be adopted by MassDEP." The regulations were filed Dec. 30 on an emergency basis, the agency said, because they must be in place two years before the first affected model year begins. Model year 2025 starts Jan. 1, 2024....

In all, the changes are projected to lead to costs of $1.054 billion by 2050, the agency said....

Zero-emission vehicles are a major part of the Baker administration's strategy to meet reduced greenhouse gas emissions goals. The 2050 decarbonization plan the administration released in late 2020 said that reducing greenhouse gas emissions by 45 percent from 1990 levels by 2030 -- the administration's goal before a climate law set the required 2030 reduction at 50 percent -- would "require that about 1 million of the 5.5 million [passenger vehicles] projected to be registered in the Commonwealth in 2030 be" zero-emission vehicles.

In coordination with more than a dozen other states, Massachusetts has already set a goal that at least 30 percent of all trucks sold by 2030 and 100 percent of trucks sold by 2050 be zero-emission vehicles.

State House News Service
Monday, January 3, 2022
State Borrows from California to Speed Transition to Electric Trucks


The second leg of the Legislature's two-year session officially kicked off on Wednesday marking the start of a seven-month stretch that will test the ability of lawmakers to juggle predictable duties like the passage of an annual budget with the challenges of reaching compromise on leadership priorities like voting reform, mental health access and the acceleration of offshore wind energy....

But while COVID-19 will continue to occupy the attention of lawmakers, many legislators, operating with newly drawn districts, have already begun thinking about reelection or running for another office and will be looking to make progress on myriad issues that would provide grist for their campaigns later in the year....

On the Legislature's side of the State House, most committees face a Feb. 2 deadline to report out any bills currently before them for consideration and lawmakers will most likely want to pass legislation as soon as possible setting a date for the primary elections later this year.

"Just in general, I would like to see committees start releasing more bills for us to act upon," Sen. Michael Moore said after Wednesday's session.

State House News Service
Wednesday, January 5, 2022
Slow Start To Busy Seven-Month Session Stretch


Chip Ford's CLT Commentary

On December 21 the State House News Service reported ("Analysts See State Tax Revenue Growth Rolling Along"):

. . . House Ways and Means Chairman Aaron Michlewitz, Senate Ways and Means Chairman Michael Rodrigues and Administration and Finance Secretary Michael Heffernan called economists and budget experts to testify on what they expect to see in fiscal year 2023 from state tax collections, the first step in building a spending plan for the budget year that begins July 1, 2022....

Despite all pointing to a number of factors that could undermine their estimates -- like yet another COVID-19 surge, ongoing labor shortages and supply chain glitches, and persistently high inflation -- the experts assembled Tuesday largely agreed that Massachusetts can expect to collect at least about $36.48 billion and possibly as much as nearly $40.8 billion in tax revenue next budget cycle, which would be between 6 percent and 18.6 percent more than the Baker administration's official expectation for the current budget year....

Five months in, fiscal year 2022 tax collections are more than $900 million ahead of consensus revenue expectations to this point in the year and are trending more than $2 billion ahead of actual fiscal 2021 collections through the same period of time.

Reporting on the state comptroller's annual report, On January 3 the News Service noted:  ("Comptroller: FY '21 Revenues Smashed Estimates By $13 Billion'):

The grand total of state revenues collected by the end of fiscal year 2021 exceeded that year's budget estimates by more than $13 billion, including a surplus of more than $5.86 billion in tax revenue, according to a new report from the state comptroller.

Fiscal year 2021 revenues from all sources totaled $56,867,366,700 as of June 30, 2021, Comptroller William McNamara's office said in an accounting report typically required by the Legislature in each year's budget. That was 30 percent more than the $43,641,100,000 revenue grand total estimated in the fiscal year 2021 budget....

Income tax revenue, the single largest bucket of state tax revenue, came in at more than $19.61 billion -- outpacing the budget's underlying estimate of $15.93 billion by nearly 25 percent.

Two days later on January 5 the State House News Service reported ("Change in Law Leads to Massive December Tax Haul"):

December tax collections of $4.24 billion shattered last year's mark for the final month of the year and exceed estimates by more than 40 percent, but the windfall is likely temporary with state revenue officials attributing much of gains to a change in state law that allows certain businesses to avoid federal limits on state and local tax deductions.

The Department of Revenue reported Wednesday that the state in December 2021 collected $1.4 billion more than in December 2020 and $1.23 billion more than estimates for the month. But DOR also said much of that money will be returned through refunds.

Still, even after adjusting for the business tax changes, the department said December tax collections exceeded last year's haul by $520 million, or 18.3 percent, and beat estimates by $635 million.

"December 2021 revenue collections increased in all major tax types in comparison to December 2020 collections and the December 2021 monthly benchmark, including withholding, non-withholding, sales and use tax, corporate and business tax, and 'all other' tax," Revenue Commissioner Geoffrey Snyder said. "The increase in withholding is likely related to improvements in labor market conditions."

And it is not just tax revenue that has broken all-time records.  Even in Year Two of the worldwide Chinese Pandemic the Massachusetts Lottery is doing the same, according to the State Treasurer who oversees it.  The News Service added ("Bettors Dump Record Amounts Into Lottery"):

The last week of 2021 was the best one on record for Massachusetts Lottery sales as weekly sales records for scratch tickets and Keno combined with a rising Powerball jackpot to contribute to more than $145.3 million in sales....

The Lottery produced a record $1.112 billion in profit in fiscal 2021 for the Legislature to use as local aid to cities and towns and through five months of fiscal 2022 is running roughly $38.5 million ahead of the fiscal 2021 profit pace.

[State Treasurer Deborah] Goldberg told lawmakers and Baker administration officials last month that she expects the Lottery will generate about $995 million in revenue for the state this fiscal year and roughly $1 billion in fiscal year 2023.

Let us stipulate the obvious right here and now:  Massachusetts does not have a revenue problem of any sort by any stretch.  Massachusetts does not need to raise taxes any taxes in any shape or form another cent for any reason.  Massachusetts needs to rein in spending fast and Beacon Hill denizens need to seriously consider returning at least some of those billions of excess taxpayer-dollars to their rightful owners.  This is now no longer honestly arguable.


For a start, there are two simple solutions immediately available that have been too long denied perennially blocked by an intransigent Legislature with an insatiable lust for always more taxpayer's cash to squander:  Restoring the charitable deduction approved overwhelmingly by the voters in 2000 (alongside CLT's income tax rollback ballot question), and; Updating the state's onerous estate tax on the deceased.

Regarding the charitable donations tax deduction, The Salem News on December 27 reported ("Beacon Hill punts on charitable deductions law, again"):

A tax deduction for charitable donations approved by voters more than two decades ago will be delayed again after lawmakers failed to authorize the changes before recessing for a seven-week winter break....

Voters approved the deduction in 2000 as part of a referendum rolling back the state’s personal income tax rate to 5%. The referendum was approved by more than 70% of voters.

Two years after its approval, the Legislature froze the personal income tax at 5.3% to plug budget shortfalls and created a mechanism to reduce the tax rate as revenue growth allowed.

As part of the changes, lawmakers froze the charitable deduction until the state’s income tax rate fell to 5%.

Massachusetts has benefited from an influx of billions of dollars in federal pandemic relief, as well as better-than-expected tax collections in recent years that have given Beacon Hill policymakers a pile of surplus money.

[Sen. Bruce Tarr, R-Gloucester] sought to implement the voter-approved tax break as part of the $4 billion plan to spend American Rescue Plan Act funds and state surplus revenue.

But the Democratic-controlled Legislature rejected his amendment, ensuring that the charitable deduction won’t be available for income tax filers next year.

State Rep. Shawn Dooley (R-Norfolk) has again introduce a bill to update and reform the Massachusetts estate tax, H-2881.  In part it states:

SECTION 6. Chapter 65C of the General Laws is hereby amended by striking out Section 1(k), as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

(k) “Basic exclusion amount”, $2,750,000 which shall be annually adjusted for inflation based on the US Department of Labor’s Consumer Price Index (CPI) for All Urban Consumers. If the amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.

I was contacted by Rep. Dooley's chief of staff last week inviting CLT to provide testimony before the Joint Committee on Revenue this coming Wednesday, which we will be doing.  Rep. Dooley attempted to update and revise the estate tax in 2019 but was unsuccessful so he's trying again.  We were invited to provide testimony again as CLT did in September of 2019 ("CLT Supports Estate Tax Revision").  That CLT testimony in part noted the key considerations as we see it:

. . . Bill Harris, then-president of the Financial Planning Association of Massachusetts, noted in his December 2017 Wicked Local Plymouth column:

"Massachusetts implemented the current estate tax rules back in 2001.  Unlike other states, it’s never been indexed for inflation.  In the past three years, nine states have eliminated or lowered their estate taxes.  Many more states are raising their lifetime exemptions (the amount that is excluded from estate tax calculation).  New Jersey is scheduled to eliminate its estate tax altogether, joining about a half-dozen others that have ended their estate taxes over the past decade."

New Jersey repealed its estate tax last year, leaving only eleven states that tax the estates of its deceased citizens.  Currently Massachusetts is tied with Oregon as the most onerous, with the lowest exemption of $1,000,000.

Mr. Harris further noted:

"If you think the estate tax is only for the wealthy, think again.  The Massachusetts estate tax is regularly entrapping unsuspecting middle-class families.  If you own a modest house on the South Shore and you’ve funded your IRA for an adequate retirement, your estate may get hit with the death tax.  In estate planning circles, Massachusetts is the least desirable state in which to reside if you want to pass assets to your heirs. . . .

"The Massachusetts exemption threshold is only $1 million, much less than the current federal estate taxes.  But unlike the federal estate tax, which only taxes the excess over the threshold, in Massachusetts the threshold is a trigger, and the majority of estate becomes taxable . . . snaring lots of taxpayers at death.

"The tax on a $1 million estate is approximately $36,000, however the tax on an estate that is $999,999 is zero.  If you are a Massachusetts resident and all of your assets combined are just a bit above $1 million, get below that threshold or change your residency before you die.  Otherwise, death taxes will be due."

Citizens for Limited Taxation supports H-2446, "An Act relative to the Massachusetts estate tax code" sponsored by Rep. Shawn Dooley and others.  It is a well-considered proposal that will help ameliorate the currently excessive state estate tax situation.

When the Legislature takes good care of itself with generous salaries, "stipends," expense accounts, etc., all are indexed for inflation through the Consumer Price Index.  If it's good for them it ought to be provided for estate taxpayers as well.  Let's call it "equity" and "social justice" and just get it done.

See:  As inflation crushes taxpayers, Legislature sees riches ahead and Many Massachusetts state lawmakers earning six-figure pay, one tops $220,000

If not now, when?


Instead of seeking ways in which to return some of taxpayers' involuntary largess the Legislature as always is looking for ways to suck even more cash from the productive.

The State House News Service on December 21 noted ("Dems Push For Higher Taxes On Businesses"):

While the federal government has pumped billions of one-time dollars into state economies, some legislative Democrats believe the state still should be looking to wealthy corporations for additional revenue to fund education, transportation and other priorities when those funds inevitably dry up.

The Joint Committee on Revenue held a hearing Wednesday on dozens of bills related to corporate tax structures, including proposals to return the state's corporate tax rate to pre-2010 levels and to increase the minimum tax companies without other liabilities must pay.

The Salem News on December 23 reported ("Lawmakers want to increase corporate taxes"):

Democratic lawmakers are pitching plans to ratchet up taxes on corporations to support the state’s recovery from the economic impacts of the pandemic.

Several proposals heard by the Legislature’s Revenue Committee Wednesday would increase the state’s corporate tax and set other new levies to squeeze more money out of corporations they say have reaped profits during the pandemic.

One proposal filed by Rep. Mary Keefe, D-Worcester, would raise the current corporate tax rate of 8% to the pre-2010 rate of 9.5%, which backers say would generate $375 million to $500 million annually....

Another proposal, filed by Rep. Mike Connolly, D-Cambridge, would establish a tiered alternative minimum tax charging corporations from $456 to $150,000 a year depending on sales. Businesses that report less than $1 million in sales a year would only pay $456, which is the current flat rate for all businesses.

Connolly told the committee that the changes would bring more “fairness” into the state’s corporate tax structure....

Increasing the tax on corporate profits from 8% to 9.5%, advocates say, could generate another $450 million to $525 million a year for the state’s coffers.

The group, Raise Up Massachusetts, is also behind a “millionaires tax” referendum cleared for the 2022 ballot that will ask voters to amend the state constitution to set a 4% surtax on the portion of an individual’s annual income above $1 million....

Business leaders say raising corporate taxes would be a mistake for the state as it tries to recover from the economic impacts of the coronavirus.

“The idea of piling on new taxes at a time when businesses are trying desperately to recover would be folly,” said Chris Carlozzi, state director of the Massachusetts chapter of the National Federation of Independent Businesses. “For lawmakers to say that the state needs more tax revenue from businesses at a time when billions of dollars in pandemic relief has come into the state is disingenuous.”

The Boston Herald opined in its December 24 editorial ("Raise taxes, say goodbye to businesses"):

When is a tax hike not a tax hike?

When Massachusetts Democrats maneuver definitions with the skill of a three-card monte dealer....

According to the State House News Service, some legislative Democrats believe the state still should set its sights on wealthy corporations for additional revenue to fund education, transportation and other priorities.

Corporations are the go-to villain for Democrats, aghast at their job-creating, worker-employing, economic growth boosting gall.

It’s time for them to pay for all that success....

Rep. Mary Keefe, a Worcester Democrat, proposed increasing the corporate tax rate from 8% to 9.5%, the same level it sat at more than a decade ago. She said there are only eight other states where businesses pay a smaller share of state and local taxes than they do in Massachusetts....

“We need to generate more progressive revenue,” Keefe said.

Corporate tax reform, she said, would also improve equity in the tax code because she said business taxes are paid disproportionately by white, high-income households who are more likely to own stock.

“I don’t like to use the word raising taxes,” she said. “This is about restoring the tax to where it was before 2010.”

So making a tax higher isn’t raising it, it’s just reverting the tax to where it was 21 years ago. When it was higher. Sorry, but up is up....

The problem with corporate tax hikes is that businesses go where the tax environment is friendly. And there are many states who openly court big businesses to boost their local economy.

Businesses don’t have to make it in Massachusetts. Nor do they have to spend it here.

We do need to consider a future when the federal gravy train pulls out of the station, but eyeing Massachusetts’ corporations as giant ATMs who must stand in for D.C.’s coffers is the best way to send these companies packing.


In another Boston Herald editorial, this one on December 30 regarding the estate tax revision and the exodus of productive taxpayers out of Massachusetts ("High temps, low prices lure snowbirds to FL") noted:

Legislators pushing for estate tax reform aimed at raising an outdated threshold that burdens middle class families are on the right track.

But it won’t solve the state’s “snowbird” problem....

It’s that $1M bar that needs to go.

“If you’re a middle class family who’s just sitting on property, the valuation has just increased,” said state Sen. Julian Cyr (D-Truro), who authored the Senate version of the bill. “Those are the folks who’re being adversely affected by the state tax, not the ultra-rich, who frankly are savvy and well-resourced enough to avoid it in the first place.”

According to Zillow, the average Massachusetts home costs $541,834, a 16.6% increase from a year ago. “That means that a lot of middle-income families really quickly hit that $1 million threshold,” said State Rep. Daniel Fernandes (D-Falmouth), who filed the House version of the bill. “If they just have a home that is slightly over half a million dollars, and they have some money in a 401k and maybe a car and a life insurance policy.”

The bill would double the threshold from $1 million to $2 million.

“The estate tax in Massachusetts was always intended to be a rather progressive tax, meaning that you’re focusing on folks who are wealthy and super-wealthy, but I think that the million dollar threshold feels out of date,” Cyr said.

Eileen McAnneny, president of the Massachusetts Taxpayers Foundation, noted that the risk of losing the state’s aging population to other states like Florida and New Hampshire already has a ripple effect on the state’s other revenues, including capital gains taxes, interest, dividends, sales tax and more. The Herald reported earlier this year that the state lost $20.7 billion in adjusted gross income between 1993 and 2018....

Massachusetts has many wonderful attributes — a balmy winter isn’t one of them. Florida and other points south have appealed to retirees since the first grandpa wore socks with sandals and declared it a fashion statement.

Things are less expensive the farther south you go. A visit to NerdWallet’s cost of living calculator finds that compared to Boston, the cost of living in Tampa is 40% lower. The cost of food is 4% lower, and the price of entertainment is 11% lower. Healthcare costs are 13% lower.

So while the lawmakers’ reform bill is a much-needed piece of legislation to bring the estate tax code up to date, it doesn’t reform the weather nor the prices in our beautiful, cold, expensive state.

The Committee to Unleash Prosperity on December 27 noted ("The Great Escape"):

Americans continue to vote with their feet, in an acceleration of pre-COVID trends away from California and the Northeast and to the South.

The Census Bureau reported Net Domestic Migration by Region July 1 2020 to July 1 2021:

Northeast -389,638
West -144,941
Midwest -123,103
South +657,682

And here is 2021 by state:

In his Boston Globe column last Wednesday ("Bye-bye, Bay State") Jeff Jacoby wrote (excerpts):

A friend of mine who lived for many years on the North Shore relocated to Kentucky in 2018 and has rejoiced ever since that it was among the best decisions he ever made. Compared with the Bay State, he reports, the housing where he lives now is more affordable, the taxes are lower, the winters are milder, the people are friendlier, and the politics are more congenial. Not even the tornadoes that tore up Western Kentucky last month have dampened his satisfaction in no longer having to put up with all the things that he found so irksome about life in Massachusetts.

My friend’s experience isn’t anomalous. Each year, more people leave Massachusetts for other states than move to Massachusetts from other states. According to the US Census Bureau, between April 2020 and July 2021, the population of Massachusetts shrank by more than 45,000. Only three other states — California, New York, and Illinois — experienced a greater net outflow of residents....

Massachusetts certainly has its charms and advantages; countless Bay Staters would never consider moving anywhere else. But plenty of their neighbors feel differently. Year in, year out, tens of thousands of Massachusetts residents leave for good, and their numbers aren’t replenished by newcomers from other states. My friend in Kentucky is happy he left, and he’s clearly not alone.

I'll leave it to you to figure out who that friend of Jeff's is!

Not only can Bay State residents and taxpayers vote with their feet and wallets they are and they have been, in large numbers.  U-Haul produces an annual report on the out- and in-migration numbers based on its moving rentals.  Its latest report ("2020 Migration Trends: U-Haul Ranks 50 States by Migration Growth") ranks Massachusetts #47 in migration outflow, better than only New Jersey, Illinois, and California which have lost the most population.

Massachusetts politicians seem not to care in the least that they're chasing out the golden goose that provides every cent the state has to spend.  Will they never wake up, ever step outside their Beacon Hill Bubble?


Spoiler Alert!  Just when we thought we had dodged Gov. Baker's TCI bullet here comes the end-run work-around that likely will be even worse for motorists and residents.

On Monday the State House News Service reported ("State Borrows from California to Speed Transition to Electric Trucks"):

As it aims for Massachusetts to phase out sales of traditional gas-powered medium- and heavy-duty vehicles over the next three decades, the Baker administration is adopting greenhouse gas emissions standards and regulations from California meant to accelerate the switch to electric vehicles.

The Department of Environmental Protection last week filed emergency regulations and amendments to immediately adopt the Golden State's Advanced Clean Trucks (ACT) policy, which requires an increasing percentage of trucks sold between model year 2025 and model year 2035 to be zero-emissions vehicles....

The Massachusetts Clean Air Act requires that the Bay State "shall adopt motor vehicle emissions standards based on the California's [sic] duly promulgated motor vehicle emissions standards" unless DEP determines, after a public hearing and based on "substantial" evidence that emissions standards and a compliance program similar to California's "will not achieve, in the aggregate, greater motor vehicle pollution reductions than the federal standards and compliance program."

The Eagle-Tribune reported on Thursday ("State to adopt stringent truck emissions rules"):

The move will make Massachusetts one of five states -- including Washington, Oregon, New York, New Jersey -- to adopt California's stringent rules....

"Major policies that ban the sale of entire categories of vehicles is a decision that should be debated by the Legislature and not rushed through by unelected bureaucrats before a major holiday," said Paul Craney, spokesman for the Massachusetts Fiscal Alliance, a conservative, pro-business group....

Massachusetts adopted California's Low Emission Vehicle program regulations in 1991 and has updated it to remain in sync with the West Coast state's regulations. The new regulations involves emission standards for vehicles built in 2025 and also medium- and heavy-duty vehicles and engines.

The move follows the collapse of a multi-state pact aimed at reducing regional vehicle emissions for both trucks and passenger vehicles.

Last month, Gov. Charlie Baker pulled the plug on the Transportation Climate Initiative after the agreement failed to gain traction among other states.

Baker had been one of the most vocal proponents of TCI, touting it as key to the state’s effort to reduce the largest source of greenhouse gas emissions.

But most of the original dozen states that were included in the initiative had backed away, and when Connecticut Gov. Ned Lamont announced that he won't be joining the pact, Baker had no choice but to pull Massachusetts out.


On a final closing note, my politically astute friends in the Bluegrass State often think I'm exaggerating when I relate how bad government is in Massachusetts "where everything that is not banned is mandated by law."  In my news search this week I stumbled across a headline even I couldn't comprehend, I word I'd never come across:  "stealthing."  With the hours required for my daily research I strictly narrow my focus to only headlines which indicate an article that might be of interest to taxpayers but this one I had to read, then send around to my friends here.  They now believe me without hesitation and are stunned that this is what Massachusetts politicians waste time on — and are probably still laughing.  I don't know whether to laugh or cry.

The Boston Globe
January 5, 2022
Massachusetts lawmakers look to outlaw ‘stealthing’
Though “stealthing” is common, state law is silent

Chip Ford
Executive Director


Full News Reports
(excerpted above)

State House News Service
Tuesday, December 21, 2021
Analysts See State Tax Revenue Growth Rolling Along
Experts Return After Missing Mark Last Cycle
By Colin A. Young and Katie Lannan


State tax revenues have defied expectations throughout the pandemic and federal aid has helped to keep Massachusetts fiscally healthy over the last two years. But uncertainty about the sustainability of recent positive economic trends and unknowns surrounding the latest mutated form of the coronavirus made trying to predict tax collections for the next 18 months a daunting task Tuesday.

House Ways and Means Chairman Aaron Michlewitz, Senate Ways and Means Chairman Michael Rodrigues and Administration and Finance Secretary Michael Heffernan called economists and budget experts to testify on what they expect to see in fiscal year 2023 from state tax collections, the first step in building a spending plan for the budget year that begins July 1, 2022.

Trying to predict something as fickle as tax revenue seven months to a year-and-a-half out is inherently challenging, and Beacon Hill has so far struggled to wrap its arms around the changes brought upon by the pandemic. At one point early in the pandemic, some state budget watchers predicted that tax revenues could end up as much as $8 billion short of expectations. Instead, Massachusetts generated a surplus of about $5 billion in fiscal year 2021 and is on track to significantly exceed revenue expectations this budget year as well.

"For nearly two years, the commonwealth has gone through some of the most turbulent budgets that this building has ever seen. Throughout these unprecedented times, the commonwealth has seen historic highs in terms of our revenue numbers. One of the main drivers of this has been the unprecedented amount of assistance the federal government has given," Michlewitz said. "Unfortunately, this level of support is not permanent and, going forward, we must keep that in mind as we plan for the future of the commonwealth."

Despite all pointing to a number of factors that could undermine their estimates -- like yet another COVID-19 surge, ongoing labor shortages and supply chain glitches, and persistently high inflation -- the experts assembled Tuesday largely agreed that Massachusetts can expect to collect at least about $36.48 billion and possibly as much as nearly $40.8 billion in tax revenue next budget cycle, which would be between 6 percent and 18.6 percent more than the Baker administration's official expectation for the current budget year.

Department of Revenue

Revenue Commissioner Geoffrey Snyder said Tuesday that the current year's tax collections have been solid enough so far that he now projects fiscal year 2022 will end with DOR having collected between $35.726 billion and $36.623 billion -- between $1.325 billion and $2.222 billion more than the consensus revenue agreement reached a year ago. The fiscal 2022 benchmark could be updated when the fiscal 2023 agreement is announced.

For fiscal year 2023, the primary focus of Tuesday's hearing, Snyder said that DOR forecasts that state tax revenue will land in the range of $36.484 billion to $37.684 billion, which would be between 2.1 percent and 2.9 percent higher than the agency's revised fiscal 2022 forecast.

Snyder also flagged for the budget managers DOR's expectation that capital gains taxes, a source of revenue that has helped Massachusetts bulk up its reserves during the recent years of strong stock market performance, will tail off in fiscal 2023.

"Capital gains taxes are a volatile revenue source. With years of rising capital markets, we recognize the potential for growing reserves of unrealized gains. However, capital gains revenue collections have been very strong over the past several years, hitting an all-time high in FY21, which leads to uncertainty about how much more unrealized gains remain," he said, referring to the $2.584 billion in capital gains tax revenue last fiscal year.

DOR is forecasting that fiscal year 2022 capital gains will be between $2.409 billion and $2.713 billion, roughly in line with the capital gains-specific benchmark of $2.615 billion. For fiscal year 2023, however, Snyder said that DOR is projecting that capital gains revenue will sink to between $2.198 billion and $2.356 billion.

As did most of the experts who testified Tuesday, Snyder said DOR's forecast is clouded with "a significant degree of uncertainty" related to the future course of COVID-19, labor and supply chain constraints, and inflation's impacts on the global economy.

Mass. Taxpayers Foundation

The Massachusetts Taxpayers Foundation offered a mixed outlook, with President Eileen McAnneny forecasting that revenue growth will "remain robust" this fiscal year before flipping to a "completely different story" next year when the situation will revert "back to a period of stalled growth."

McAnneny projected the state will end fiscal 2022 with $37.2 billion in tax collections -- $3.1 billion or 9 percent above last year, growth that she said would be fueled by "employment bouncing back, wage increases, asset value spikes, increased spending on durable goods and motor vehicles with higher prices due to inflation, and healthy profits for corporations."

After that, though, McAnneny said revenues would grow only 1.1 percent or $411 million in fiscal 2023, giving budget-writers $37.6 billion to work with. She said more workers, earning higher wages as employers compete for labor, will drive up withholding income tax revenues by nearly $600 million next year, but those gains will be offset by a "steep decline" in capital gains and other non-withholding income tax revenues.

Sales tax growth will moderate to 1 percent in fiscal 2023 as spending shifts back from durable goods to services and inflation rates slowly decline over the next 18 months, McAnneny said.

Alan Clayton-Matthews

Northeastern University economist Alan Clayton-Matthews had the rosiest forecast for fiscal year 2023, projecting that Massachusetts could collect as much as $40.795 billion based on "a very sanguine economic outlook." That would represent 6.5 percent growth over his fiscal year 2022 forecast of $38.301 billion, he said.

Clayton-Matthews reviewed how withholdings from unemployment insurance programs helped prop up state tax revenues during the pandemic. He said that impact is tailing off and should get back down to normal pre-pandemic levels during fiscal 2023.

Withholding from unemployment insurance added $258 million to fiscal year 2020 revenues and $557 million to revenues in fiscal year 2021, he said, and is expected to contribute $137 million to state revenues in fiscal year 2022. For fiscal year 2023, he projected that unemployment insurance withholdings would provide about $58 million to state coffers.

"That's a normal level, $58 million. So we are seeing the waning effects of unemployment assistance support to revenues," Clayton-Matthews said. "On the other hand, of course, if unemployment is falling, employment and therefore wage and salary income and income revenues are rising."

Center for State Policy Analysis

Higher-than-expected inflation creates a "dark cloud" over the state's revenue picture, cautioned Evan Horowitz, executive director of the Center for State Policy Analysis at Tufts University.

Horowitz is projecting $36.5 billion in revenue collections for fiscal 2023, and said he thinks it makes sense to raise this year's benchmark by $1 billion, to $35.4 billion.

Accounting for inflation, Horowitz said next year's growth could actually work out to "a slight decline in revenue, meaning the state could have fewer real dollars to work with for FY23."

Because the cost "of running state government has risen more rapidly than we've seen in a generation," he said that even a "maintenance budget" for next year "will have to reckon with the fast-growing cost of hiring people, procuring materials, providing housing support, and a great deal besides."

Horowitz said the uncertainties arising from the pandemic have created a mix of risks and "hopeful possibilities" on the economic front. Right now, he said, consumer spending levels above long-term trends, the job market near its pre-pandemic highs, "extremely" high valuations for asset prices and the Federal Reserve's plans to raise rates combine to mean "there are a lot more ways for our economy to stumble and a lot fewer chances to accelerate from here."

"In terms of state tax revenue, Massachusetts may already be overdue for a correction, with the volatile parts of our tax system, like capital gains and estimated taxes, having outrun the more stable parts, like income withholding and the sales tax," he said.

Monitoring Fiscal Year 2022 and Next Steps

When the same trio assembled last year to forecast fiscal year 2022 revenues, they settled on an estimate of $30.12 billion. At the time, they said it represented 3.5 percent growth in state tax revenue compared to their then-current estimate of $29.09 billion in fiscal 2021 revenue.

About six months later, fiscal year 2021 ended with DOR having collected $34.137 billion -- well in excess of the initial pre-pandemic estimate of $31.15 billion.

Five months in, fiscal year 2022 tax collections are more than $900 million ahead of consensus revenue expectations to this point in the year and are trending more than $2 billion ahead of actual fiscal 2021 collections through the same period of time.

"I certainly appreciate the difficulty of projecting tax revenues over the past two years, and for the upcoming one as well," MTF's McAnneny said Tuesday. "We were talking prior to the start of this, some of the presenters, and we were all saying just how difficult it has been. I liken it to a roller coaster ride, complete with dips and turns, and unfortunately I think we have one more loop before this ride is over."

After the hearing, the Joint Ways and Means Committee and Heffernan will work up an agreed-upon tax revenue forecast for fiscal year 2023. They have until Jan. 15 to arrive at that number. The figure will become the state revenue-side anchor in Gov. Charlie Baker's final budget filing, which is due to the Legislature by Jan. 26.

The House will roll out and debate its own version of a fiscal year 2023 budget in April and the Senate will follow suit in May. Because it is their "consensus" number, both branches generally rely upon the same revenue estimate when they assemble their budgets even though the estimate is months old by that point.

June is typically when a six-member conference committee hammers out an agreement between the branches on a single budget bill before the governor gets his chance to sign, amend or veto its provisions. Fiscal year 2023 starts July 1, 2022.

Still Having Technical Difficulties

Tuesday's hearing got off to a dubious start when the chairmen of the House and Senate Ways and Means committees and Baker administration finance officials huddled to go over their tax revenue forecasts without providing access to the public, press or even to lawmakers assigned to sit on the Ways and Means committees.

Rodrigues' office said a technical glitch kept the start of the hearing from being broadcast on the Legislature's website. Only Rodrigues, Michlewitz and Heffernan were allowed to participate in the hearing in person from the State House, which remains wholly closed to the public.

By the time the public broadcast became available at about 10:20 a.m., Revenue Commissioner Geoffrey Snyder was already partway through his testimony, which generally follows opening remarks from the chairmen and secretary, comments that sometimes set the tone for the upcoming budget cycle.

A Rodrigues aide said that the committee staff was not alerted to the fact that the hearing was not available to the public or press until about five minutes in.

"As an unintended consequence, Chair Rodrigues commenced the hearing without this knowledge and opening remarks were well underway before he was informed by staff that we were experiencing technical difficulties," the aide said. "Fortunately though, the technical difficulties with the live feed were resolved and public access has been preserved thanks to the fact the hearing is being recorded."

Michlewitz's office did not respond to questions from the News Service.

Early in the pandemic, when virtual hearings were still relatively new to lawmakers, Rodrigues and Michlewitz had to postpone a virtual summit with many of the same economic experts they heard from Tuesday because they were not able to livestream the proceedings.

"We could have held this but for it to not be broadcast live, for it to not be transparent, it's not worth it. We'd rather do it the right way," Michlewitz said at the time.


State House News Service
Monday, January 3, 2022
Comptroller: FY '21 Revenues Smashed Estimates By $13 Billion
By Colin A. Young


The grand total of state revenues collected by the end of fiscal year 2021 exceeded that year's budget estimates by more than $13 billion, including a surplus of more than $5.86 billion in tax revenue, according to a new report from the state comptroller.

Fiscal year 2021 revenues from all sources totaled $56,867,366,700 as of June 30, 2021, Comptroller William McNamara's office said in an accounting report typically required by the Legislature in each year's budget. That was 30 percent more than the $43,641,100,000 revenue grand total estimated in the fiscal year 2021 budget.

After required transfers to specific accounts, the fiscal 2021 budget document assumed $22.793 billion in tax revenue but the fiscal year ended with more than $28.656 billion in tax revenue after the transfers, the report said. Income tax revenue, the single largest bucket of state tax revenue, came in at more than $19.61 billion -- outpacing the budget's underlying estimate of $15.93 billion by nearly 25 percent.

Non-tax revenue -- things like federal reimbursements and departmental revenue -- came in even further above expectations. At more than $28.21 billion, actual fiscal 2021 non-tax revenue was more than 35 percent more than the $20.85 billion expectation built into the fiscal 2021 budget.

The report also sheds light on the specific revenue sources that outperformed (or underperformed) their budget bill expectations. For example, the report shows that the fiscal 2021 budget was built with an expectation of $54.5 million in marijuana excise tax revenue but the year actually generated more than twice that amount -- $112.37 million. As the pandemic lingered, revenue from room occupancy taxes came in at about $88.72 million -- about 25 percent short of the $117.9 million estimate.

The comptroller's office said the "comparison of Actual Revenue Collections to Budget" is traditionally submitted pursuant to sections of the annual appropriations act. But when lawmakers in December 2020 passed the conference committee budget for fiscal year 2021, the language "was inadvertently omitted" and the office instead prepared the fiscal 2021 report based on language provided by legislative staff.


State House News Service
Wednesday, January 5, 2022
Change in Law Leads to Massive December Tax Haul
By Matt Murphy


December tax collections of $4.24 billion shattered last year's mark for the final month of the year and exceed estimates by more than 40 percent, but the windfall is likely temporary with state revenue officials attributing much of gains to a change in state law that allows certain businesses to avoid federal limits on state and local tax deductions.

The Department of Revenue reported Wednesday that the state in December 2021 collected $1.4 billion more than in December 2020 and $1.23 billion more than estimates for the month. But DOR also said much of that money will be returned through refunds.

Still, even after adjusting for the business tax changes, the department said December tax collections exceeded last year's haul by $520 million, or 18.3 percent, and beat estimates by $635 million.

"December 2021 revenue collections increased in all major tax types in comparison to December 2020 collections and the December 2021 monthly benchmark, including withholding, non-withholding, sales and use tax, corporate and business tax, and 'all other' tax," Revenue Commissioner Geoffrey Snyder said. "The increase in withholding is likely related to improvements in labor market conditions."

Snyder said many pass-through entities, or businesses that pass all income on to owners and investors, elected to pay excise taxes at the business entity level, and will then be able to claim credits equal to 90 percent of the tax paid. Pass-through entity members who also paid taxes on their estimated business income will also be eligible for refunds.

After accounting for the expected refunds, Snyder said fiscal 2022 year-to-date collections are $2.67 billion higher than after the first six months of fiscal 2021 and trending $1.55 billion, or 10 percent, above budgeted projections.

Sales taxes totaling $771 million in December were up 33.5 percent from last year, and the $108 million in meals taxes were $27 million higher than projected and $44 million more than last December.


State House News Service
Wednesday, January 5, 2022
Bettors Dump Record Amounts Into Lottery
By Colin A. Young


The last week of 2021 was the best one on record for Massachusetts Lottery sales as weekly sales records for scratch tickets and Keno combined with a rising Powerball jackpot to contribute to more than $145.3 million in sales.

From Sunday, Dec. 26 through Saturday, Jan. 1, the Lottery sold $145,329,765 worth of its products, eclipsing the previous weekly sales record of $139.47 million set the week that ended Jan. 16, 2021, by more than 4 percent, the Lottery announced Wednesday.

"Thanks to the Lottery team, our retail partners, and most importantly, our customers we have been able to achieve another record setting performance," Treasurer Deborah Goldberg, who chairs the Lottery Commission, said. "Despite a challenging business environment over the last two years, the Lottery has been able to surpass previous records set and we hope to build upon ... that success this year."

The Lottery sold just more than $97.88 million worth of scratch tickets during the last week of 2021, topping the previous weekly high of $93.16 million established during the final week of 2020. Keno sales for the last week of 2021 totaled nearly $25.8 million, breaking the $25 million mark for the first time and breaking the weekly record of $24.48 million in Keno sales the week that ended March 20, 2021.

Lottery Executive Director Michael Sweeney said the record-setting sales were "driven by a thoughtful, analytical approach to all areas of our business such as new ticket development, managing inventory and distribution, new promotions and enhancing digital and social media while making operational adjustments prompted by the pandemic."

The Lottery produced a record $1.112 billion in profit in fiscal 2021 for the Legislature to use as local aid to cities and towns and through five months of fiscal 2022 is running roughly $38.5 million ahead of the fiscal 2021 profit pace.

Goldberg told lawmakers and Baker administration officials last month that she expects the Lottery will generate about $995 million in revenue for the state this fiscal year and roughly $1 billion in fiscal year 2023.


The Salem News
Thursday, December 23, 2021
Lawmakers want to increase corporate taxes
By Christian M. Wade, Statehouse reporter


Democratic lawmakers are pitching plans to ratchet up taxes on corporations to support the state’s recovery from the economic impacts of the pandemic.

Several proposals heard by the Legislature’s Revenue Committee Wednesday would increase the state’s corporate tax and set other new levies to squeeze more money out of corporations they say have reaped profits during the pandemic.

One proposal filed by Rep. Mary Keefe, D-Worcester, would raise the current corporate tax rate of 8% to the pre-2010 rate of 9.5%, which backers say would generate $375 million to $500 million annually.

Keefe said big corporations have made record profits during the pandemic, and wealthy shareholders have used loopholes, tax breaks and weak corporate disclosure laws to avoid paying their “fair share” of taxes.

“During the pandemic, 17 out of America’s top 25 corporations have made extraordinary profits and distributed 99% of their net profits to their wealthy shareholders, who are overwhelmingly white, male and among the wealthiest 10% of Americans,” she told the panel.

Keefe said studies have shown more than 80% of the benefits from former President Donald Trump’s 2017 Jobs and Tax Cut Act — which reduced the corporate tax from 35% to 21% — went to the nation’s top earners.

She said the state needs “new progressive revenues” to provide assistance to people facing eviction and food insecurity, boost education spending, strengthen public transit and support workforce development, among other priorities.

Another proposal, filed by Rep. Mike Connolly, D-Cambridge, would establish a tiered alternative minimum tax charging corporations from $456 to $150,000 a year depending on sales. Businesses that report less than $1 million in sales a year would only pay $456, which is the current flat rate for all businesses.

Connolly told the committee that the changes would bring more “fairness” into the state’s corporate tax structure.

“As we know, corporations avoid paying taxes by employing a variety of accounting techniques and taking advantage of certain provisions in the law,” he said.

He points to several other states, including New York and New Jersey, which have tailored their corporate taxes to collect more from companies to make larger profits.

Meanwhile, another proposal heard by the committee would authorize the state to tax a portion of profits that corporations often store away in offshore “tax havens.”

Last year, a coalition of labor unions, community groups and faith groups called on Beacon Hill to increase taxes on corporations and wealthy shareholders to drum up money to offset pandemic-related budget cuts that were being predicted at the time.

Increasing the tax on corporate profits from 8% to 9.5%, advocates say, could generate another $450 million to $525 million a year for the state’s coffers.

The group, Raise Up Massachusetts, is also behind a “millionaires tax” referendum cleared for the 2022 ballot that will ask voters to amend the state constitution to set a 4% surtax on the portion of an individual’s annual income above $1 million.

Supporters say the tax will drum up to $2 billion in much-needed revenue for education and transportation spending.

Opponents argued the measure will hurt businesses, drive away investment and put a drag on the state’s economy as it recovers from the pandemic.

Massachusetts has received billions of dollars in federal pandemic relief, but supporters of raising corporate taxes say those funds will eventually dry up.

Gov. Charlie Baker is among those who oppose plans to ratchet up taxes, saying repeatedly that he would not consider raising tax burdens amid the pandemic.

Business leaders say raising corporate taxes would be a mistake for the state as it tries to recover from the economic impacts of the coronavirus.

“The idea of piling on new taxes at a time when businesses are trying desperately to recover would be folly,” said Chris Carlozzi, state director of the Massachusetts chapter of the National Federation of Independent Businesses. “For lawmakers to say that the state needs more tax revenue from businesses at a time when billions of dollars in pandemic relief has come into the state is disingenuous.”

Carlozzi said NFIB supports several Republican sponsored proposals, which are also being considered by the Revenue Committee, to eliminate the state’s corporate minimum tax and reduce other business taxes.

“This would give the state a competitive edge by doing away with what many businesses feel is an unfair tax,” he said.

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites.


State House News Service
Wednesday, December 21, 2021
Dems Push For Higher Taxes On Businesses
Bills Target Minimum Tax, Overall Corporate Tax Rate
By Matt Murphy


While the federal government has pumped billions of one-time dollars into state economies, some legislative Democrats believe the state still should be looking to wealthy corporations for additional revenue to fund education, transportation and other priorities when those funds inevitably dry up.

The Joint Committee on Revenue held a hearing Wednesday on dozens of bills related to corporate tax structures, including proposals to return the state's corporate tax rate to pre-2010 levels and to increase the minimum tax companies without other liabilities must pay.

Committee co-chair Sen. Adam Hinds said the committee experimented with written-only testimony on the more than 500 bills assigned to the panel this session, but is moving back to virtual oral testimony and has an "aggressive" schedule with about a hearing a week planned through January.

Rep. Mary Keefe, a Worcester Democrat, proposed increasing the corporate tax rate from 8 percent to 9.5 percent, the same level it sat at more than a decade ago. She said there are only eight other states where business pay a smaller share of state and local taxes than they do in Massachusetts.

Testifying that the adjustment could bring in $375 million to $500 million annually, Keefe said the money will be needed to not only fund the state's ongoing COVID-19 pandemic response, but meet the state's financial commitments made to public schools under the Student Opportunity Act and address problems like food insecurity and the high cost of child care, which she said are not going away.

"We need to generate more progressive revenue," Keefe said.

Corporate tax reform, she said, would also improve equity in the tax code because she said business taxes are paid disproportionately by white, high-income households who are more likely to own stock.

"I don't like to use the word raising taxes," she said. "This is about restoring the tax to where it was before 2010."

Rep. Mike Connolly, a Cambridge Democrat, said he supported Keefe's bill, which has also been filed in the Senate by Sen. Sal DiDomenico, but he also proposed increasing the $456 corporate minimum tax that had not been adjusted since 1989.

Connolly's bill (H 2853) would establish a nine-tier structure for companies that otherwise don't pay taxes on income, topping out at $150,000 for companies that do more than a $1 billion in sales a year. Corporations with less than $1 million in annual sales would see no change to their minimum tax of $456.

"When we say those words, progressive revenue, we're really saying tax fairness," Connolly said, noting that New York, New Jersey and Oregon have similar tiered systems.

The House previously voted to support an increase in the corporate minimum tax as part of a transportation financing package that stalled in the Senate in 2020 as COVID-19 disrupted the course of the legislative session, and life in general.

Connolly cited the Massachusetts Budget and Policy Center when he told the committee that in some years more than 200 companies in Massachusetts with more than $50 million in gross annual receipts have paid just $456 in corporate taxes.

The additional taxes, supporters said, were appropriate given the cuts many wealthy corporations received on their federal tax bills in recent years as part of the 2017 Republican tax cuts signed by former President Donald Trump.

Groups including the Alzheimer's Association and AARP also testified Wednesday in support of creating a family caregivers' tax credit of between $1,500 to $3,000 for individuals who care for a sick loved one at home and often have to leave the workforce as a result.


The Boston Herald
Friday, December 24, 2021
A Boston Herald editorial
Raise taxes, say goodbye to businesses


When is a tax hike not a tax hike?

When Massachusetts Democrats maneuver definitions with the skill of a three-card monte dealer.

The federal government has scattered largesse in the form of billions of one-time dollars into state economies, including ours, but those funds will eventually dry up. Then what?

According to the State House News Service, some legislative Democrats believe the state still should set its sights on wealthy corporations for additional revenue to fund education, transportation and other priorities.

Corporations are the go-to villain for Democrats, aghast at their job-creating, worker-employing, economic growth boosting gall.

It’s time for them to pay for all that success.

The Joint Committee on Revenue held a hearing Wednesday on dozens of bills related to corporate tax structures, including proposals to return the state’s corporate tax rate to pre-2010 levels.

Committee co-chair Sen. Adam Hinds said the committee experimented with written-only testimony on the more than 500 bills assigned to the panel this session, but is moving back to virtual oral testimony and has an “aggressive” schedule with about a hearing a week planned through January.

Rep. Mary Keefe, a Worcester Democrat, proposed increasing the corporate tax rate from 8% to 9.5%, the same level it sat at more than a decade ago. She said there are only eight other states where businesses pay a smaller share of state and local taxes than they do in Massachusetts.

Testifying that the adjustment could bring in $375 million to $500 million annually, Keefe said the money will be needed to not only fund the state’s ongoing COVID-19 pandemic response, but meet the state’s financial commitments made to public schools under the Student Opportunity Act and address problems like food insecurity and the high cost of child care, which she said are not going away.

“We need to generate more progressive revenue,” Keefe said.

Corporate tax reform, she said, would also improve equity in the tax code because she said business taxes are paid disproportionately by white, high-income households who are more likely to own stock.

“I don’t like to use the word raising taxes,” she said. “This is about restoring the tax to where it was before 2010.”

So making a tax higher isn’t raising it, it’s just reverting the tax to where it was 21 years ago. When it was higher. Sorry, but up is up.

Targeting white, high-income, stock-owning households for higher business taxes in the name of tax code equity glosses over the higher personal tax brackets these upper-income households are already in. Or is the progressive goal to keep paring down the assets of taxpayers starting at the top until everyone’s hovering near the bottom? And what would be the protocol if large corporations were owned by persons of color?

The problem with corporate tax hikes is that businesses go where the tax environment is friendly. And there are many states who openly court big businesses to boost their local economy.

Businesses don’t have to make it in Massachusetts. Nor do they have to spend it here.

We do need to consider a future when the federal gravy train pulls out of the station, but eyeing Massachusetts’ corporations as giant ATMs who must stand in for D.C.’s coffers is the best way to send these companies packing.

Forging public-private partnerships is a better goal worth pursuing. And they don’t take semantic contortions to achieve.


The Salem News
Monday, December 27, 2021
Beacon Hill punts on charitable deductions law, again
By Christian M. Wade, Statehouse reporter


A tax deduction for charitable donations approved by voters more than two decades ago will be delayed again after lawmakers failed to authorize the changes before recessing for a seven-week winter break.

Under the law, people would be allowed to claim charitable contributions against their Part B adjusted gross income on their state taxes. The deduction could not be used for donations of household goods or clothing.

Voters approved the deduction in 2000 as part of a referendum rolling back the state’s personal income tax rate to 5%. The referendum was approved by more than 70% of voters.

Two years after its approval, the Legislature froze the personal income tax at 5.3% to plug budget shortfalls and created a mechanism to reduce the tax rate as revenue growth allowed.

As part of the changes, lawmakers froze the charitable deduction until the state’s income tax rate fell to 5%.

The state had planned to allow the deductions starting this year since the income tax rate finally dropped to 5%. But lawmakers postponed it, citing the financial impact of the pandemic.

Gov. Charlie Baker added a provision to the current fiscal year’s budget that would have authorized the deductions, but lawmakers stripped the changes from the final spending package. Baker vetoed the provision delaying the tax deduction, but lawmakers overrode his objection.

Budget writers estimated that postponing the law until 2023 would free up about $64 million for the current fiscal year budget.

Baker argues the state’s financial situation has improved and he does not want to postpone it any longer.

“This deduction was approved by voters 20 years ago and slated to go into effect when state finances allow, and the combination of strong state revenues and serious needs facing nonprofits and charitable organizations necessitates this tax deduction’s going into place,” Baker wrote to lawmakers recently.

Senate Minority Leader Bruce Tarr, R-Gloucester, a chief proponent of bringing back the tax deduction, said he is “disappointed” that the Legislature didn’t take action on it before breaking for a long winter recess.

Tarr likens the delay to a move by the Legislature years ago to postpone a reduction in the personal income tax rate that was approved by voters by a referendum.

“It’s another example of something that the voters overwhelmingly mandated that has continued to be short on Beacon Hill,” he said. “I think it promotes distrust in government to have that kind of a situation and it’s hard to defend given the financial situation we find ourselves in.”

Massachusetts has benefited from an influx of billions of dollars in federal pandemic relief, as well as better-than-expected tax collections in recent years that have given Beacon Hill policymakers a pile of surplus money.

Tarr sought to implement the voter-approved tax break as part of the $4 billion plan to spend American Rescue Plan Act funds and state surplus revenue.

But the Democratic-controlled Legislature rejected his amendment, ensuring that the charitable deduction won’t be available for income tax filers next year.

Groups that work with nonprofit groups argue that the tax deduction law has been delayed long enough.

“Most nonprofits saw significant revenue losses last year and had to layoff workers and cut hours,” said Jim Klocke, CEO of the Massachusetts Nonprofit Network. “This law will promote charitable giving and help nonprofits recover from the pandemic.”

Most people who would be using the deduction live in low- and middle-income households that often donate smaller amounts to charity but have not been able to get a state income tax deduction, he said.

“This is a universal deduction available to everybody,” Klocke said. “It’s been delayed by more than 20 years, and we believe it’s time to restore it.”

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites.


State House News Service
Tuesday, December 28, 2021
Lawmakers Urged To Join Senior Tax Relief Movement
Locals Frustrated By Procedural Hurdles
By Chris Lisinski


With some of the highest property values in the country, some older Massachusetts homeowners possess sizable wealth. But those high values carry high taxes, and many seniors on fixed incomes find themselves in a state that one local assessor called "house rich and cash poor."

That contrast was a central theme before the Revenue Committee on Tuesday, where supporters of legislation to update senior tax relief programs pushed for measures that would increase the value of local exemptions or make more residents above the age of 65 eligible to defer property taxes.

"This is one of the common concerns people raise, setting aside the pandemic issues that are attendant to all of us," Mike Festa, state director for AARP Massachusetts, told the committee. "When the dust settles and we try to get back to some sense of normal, this is the kind of problem that is systemic, long-standing and exacerbated over time."

Older Bay Staters can seek property tax relief in several ways, including via the state-administered circuit breaker tax credit, local exemptions, and deferral of the taxes owed at the local level.

The deferral option allows residents 65 or older with low annual incomes to push back a portion or all of the property taxes they owe. According to a Department of Revenue taxpayer guide, the taxes plus interest cannot exceed more than 50 percent of the homeowner's "proportional ownership share of the fair cash value of the property."

Of the state's 351 cities and towns, 119 granted at least one property tax deferral for residents 65 and older in fiscal 2021, according to DOR data.

Newton issued more deferrals than any other community with 69, representing $589,014 in property taxes whose collection will be delayed. In terms of total value, Needham topped the list with 12 deferrals constituting $998,283 in taxes.

Program backers say postponing payments allows seniors on fixed and limited incomes to focus on their more pressing needs, such as food and medicine, and pay off a tax bill further down the road.

However, some lawmakers and advocates contend that the deferral local option still imposes several unnecessary barriers, including a requirement that a senior live in Massachusetts for 10 years and own their property for five years to qualify.

"If you're my neighbor, you're my neighbor the day you move in, not after five years or 10 years," Rep. Tommy Vitolo, who filed legislation with Rep. David Rogers (H 3090) striking that time-based eligibility standard, told his colleagues.

Their bill would also amend the 8 percent default interest rate on the deferred property tax value to a lower figure based on recent state or local bond rates, which Vitolo estimated is about 3 percent.

Another obstacle the deferral program poses, Vitolo said, is a sharp and sudden increase in the interest rate when a recipient dies.

Current law doubles the rate from 8 percent to 16 percent "on the day of that senior citizen's passing," Vitolo, a Brookline Democrat, said. His bill would delay that increase by one year to give surviving family members or an estate time to respond.

In an interview after the hearing, Festa said the existing interest rate increase creates a "very onerous result from the accident of timing."

"The person who inherits the property, let's say the children, may not even know there's a tax deferral," Festa said. "They would be in a situation where they're taking up a huge increase in the bill because the interest rate attaches, so giving breathing room for the family and the estate to settle and sell and then pay -- you're just acknowledging that you don't want this kind of onerous result, which is not fair."

AARP Massachusetts endorsed the legislation Vitolo and Rogers filed. Festa said he believes the Revenue Committee could "probably cobble together a good omnibus bill" incorporating some other proposals dealing with tax relief for seniors, adding that "on balance, the Vitolo-Rogers bill is the one that addresses the most critical need out there."

Another bill on the committee's plate (H 3732 / S 1916) would give municipalities greater leeway to increase eligibility for property tax exemption programs without first getting approval from the state.

Victor Santaniello, town assessor for Wakefield and Reading, told the Revenue Committee that income and asset limits for the tax exemptions "have not kept pace with our economy."

In communities that have not pursued cost-of-living adjustments, the maximum eligible income to qualify for a senior property tax exemption is $20,000 for a single person and $30,000 for a married couple, Santaniello said. Even in Wakefield, which has implemented cost-of-living adjustments to the income limits for 17 years, the caps are $28,000 and $40,000 respectively, according to Santaniello.

The bill would set new eligibility limits for property tax exemptions based on the statewide senior citizen circuit breaker tax credit, which Santaniello said has a "much higher income threshold," and allow local assessors to set the exemption amount without first securing a home rule petition.

"This solves the problem of someone being house rich and cash poor," Santaniello told the News Service.

State law sets the property tax exemption for seniors at $500, and about 100 communities have taken local action to increase it to $1,000, Santaniello said. Both he and the bill's House author, Rep. Kate Lipper-Garabedian, warned that the process for doing so is arduous and requires state legislative action to clear the way for municipal leaders.

When Wakefield moved to increase its exemption amount last session, it took 17 months to move from the filing of a home rule petition to securing Gov. Charlie Baker's signature, Lipper-Garabedian said.

"It's of high importance that local governments are granted expanded authority by the state. The alternative is a lengthy and multi-stage process that delays implementation of property relief programs and thus disadvantages senior citizens," se said.

Lipper-Garabedian, who filed the bill alongside Sen. Jason Lewis, said the Revenue Committee favorably reported an earlier version of the legislation last session.


The Boston Herald
Thursday, December 30, 2021
A Boston Herald editorial
High temps, low prices lure snowbirds to FL


Legislators pushing for estate tax reform aimed at raising an outdated threshold that burdens middle class families are on the right track.

But it won’t solve the state’s “snowbird” problem.

That — the phenomenon of Bay Staters flocking to warm weather states like Florida for the winter for half the year — is what prompted Massachusetts lawmakers to file their bills.

As the Herald reported, residents of places like Nantucket alerted their legislators that, thanks to a prohibitive estate tax that kicks in at $1 million in assets, neighbors are filling out temporary change of address cards to states in the sunny south that don’t have estate taxes, escaping the Mass. tax.

It’s that $1M bar that needs to go.

“If you’re a middle class family who’s just sitting on property, the valuation has just increased,” said state Sen. Julian Cyr (D-Truro), who authored the Senate version of the bill. “Those are the folks who’re being adversely affected by the state tax, not the ultra-rich, who frankly are savvy and well-resourced enough to avoid it in the first place.”

According to Zillow, the average Massachusetts home costs $541,834, a 16.6% increase from a year ago. “That means that a lot of middle-income families really quickly hit that $1 million threshold,” said State Rep. Daniel Fernandes (D-Falmouth), who filed the House version of the bill. “If they just have a home that is slightly over half a million dollars, and they have some money in a 401k and maybe a car and a life insurance policy.”

The bill would double the threshold from $1 million to $2 million.

“The estate tax in Massachusetts was always intended to be a rather progressive tax, meaning that you’re focusing on folks who are wealthy and super-wealthy, but I think that the million dollar threshold feels out of date,” Cyr said.

Eileen McAnneny, president of the Massachusetts Taxpayers Foundation, noted that the risk of losing the state’s aging population to other states like Florida and New Hampshire already has a ripple effect on the state’s other revenues, including capital gains taxes, interest, dividends, sales tax and more. The Herald reported earlier this year that the state lost $20.7 billion in adjusted gross income between 1993 and 2018.

It’s a great move — but avoiding the estate tax is but one reason Florida and other southern states appeal to Massachusetts seniors.

On Wednesday, the temperature in Boston at 5 p.m. was 41 degrees. In Tampa, it was 79.

A Massachusetts snowbird nesting from November until April in Tampa, Orlando, Vero Beach or any other of Florida’s literal hot spots doesn’t have to worry about shoveling snow, saving the space they’ve just cleared, scraping off their windshield, skidding on ice, paying an arm and a leg for heat, traversing the snowmounds piled at street corners by plows, etc.

Massachusetts has many wonderful attributes — a balmy winter isn’t one of them. Florida and other points south have appealed to retirees since the first grandpa wore socks with sandals and declared it a fashion statement.

Things are less expensive the farther south you go. A visit to NerdWallet’s cost of living calculator finds that compared to Boston, the cost of living in Tampa is 40% lower. The cost of food is 4% lower, and the price of entertainment is 11% lower. Healthcare costs are 13% lower.

So while the lawmakers’ reform bill is a much-needed piece of legislation to bring the estate tax code up to date, it doesn’t reform the weather nor the prices in our beautiful, cold, expensive state.


The Committee to Unleash Prosperity
Monday, December 27, 2021
The Great Escape

Americans continue to vote with their feet, in an acceleration of pre-COVID trends away from California and the Northeast and to the South.

The Census Bureau reported Net Domestic Migration by Region July 1 2020 to July 1 2021:

Northeast -389,638
West -144,941
Midwest -123,103
South +657,682

And here is 2021 by state:


The Boston Globe
Wednesday, January 5, 2022
Bye-bye, Bay State
Year in, year out, tens of thousands of Massachusetts residents leave for good,
and their numbers aren’t replenished by newcomers from other states.

By Jeff Jacoby, Globe Columnist


A friend of mine who lived for many years on the North Shore relocated to Kentucky in 2018 and has rejoiced ever since that it was among the best decisions he ever made. Compared with the Bay State, he reports, the housing where he lives now is more affordable, the taxes are lower, the winters are milder, the people are friendlier, and the politics are more congenial. Not even the tornadoes that tore up Western Kentucky last month have dampened his satisfaction in no longer having to put up with all the things that he found so irksome about life in Massachusetts.

My friend’s experience isn’t anomalous. Each year, more people leave Massachusetts for other states than move to Massachusetts from other states. According to the US Census Bureau, between April 2020 and July 2021, the population of Massachusetts shrank by more than 45,000. Only three other states — California, New York, and Illinois — experienced a greater net outflow of residents.

When it comes to domestic migration — the movement of people within the United States — Massachusetts has been on the losing team for quite a while. Back in 2003, the Donahue Institute at the University of Massachusetts noted with concern that over the previous 12 years, Massachusetts had experienced a net loss of more than 213,000 people (not including foreign immigrants). The out-migration hasn’t stopped. While the influx of people moving into Massachusetts from elsewhere in the United States has been steady, the Boston Business Journal observed in 2020, the tide of those moving out has swelled by 24 percent. And where are they going? The numbers fluctuate from year to year, but the Journal identified Florida and New Hampshire as the two “top states draining Massachusetts of the most residents.”

Real-world evidence confirms that far more people relocate from Massachusetts to Florida or New Hampshire than the other way around.

Consider U-Haul’s rental rates. To rent a 26-foot truck for a one-way move from Boston to Orlando this month will cost you $5,325, but the rate is just $887 for a move from Orlando to Boston. Why the steep disparity? Because the demand for one-way trucks from Boston to Florida is very high, while demand for trucks going in the other direction is very low.

The imbalance shows up even for destinations as close as Massachusetts and New Hampshire. U-Haul’s rate to rent a truck from Boston to Manchester is $473. But it’s just $208 if you’re driving from Manchester to Boston.

To be sure, the choices Americans make about where to live and work are affected by all kinds of individual considerations — school, work, weather, family, cost of living. But the persistent attraction of Florida and New Hampshire also reflects the fact that they offer something Massachusetts doesn’t: Could it be that neither imposes an income tax? When the states are ranked by overall tax burden, Florida and New Hampshire are among the least onerous. That can’t be said about Massachusetts. Taxes are not the only reason that people pull up stakes and move, of course. But the steady (and costly) flow of Massachusetts residents to the Granite and Sunshine states speaks for itself.

Economist Mark Perry, who analyzes national domestic migration patterns, shows that on a range of economic and political measures, the Top 10 “inbound” states (currently Florida, Texas, Arizona, North and South Carolina, Tennessee, Georgia, Idaho, Utah, and Nevada) differ significantly from the Top 10 “outbound” states (California, New York, Illinois, Massachusetts, New Jersey, Louisiana, Maryland, Hawaii, Minnesota, and Michigan). By and large, inbound states have lower taxes, Republican governments, cheaper energy, greater fiscal stability, and a more pro-business environment. Outbound states are more likely to lean the other way.

Admittedly, these are only broad patterns, and no state in either category fits the description precisely. And, as noted, every family’s decision to move from one state to another is shaped by personal circumstances. But the data keep reinforcing the patterns. “There is empirical evidence that Americans and businesses ‘vote with their feet’ when they relocate from one state to another,” writes Perry. “The evidence suggests that Americans are moving from blue states that are more economically stagnant . . . to fiscally sound red states that are more economically vibrant.”

Massachusetts certainly has its charms and advantages; countless Bay Staters would never consider moving anywhere else. But plenty of their neighbors feel differently. Year in, year out, tens of thousands of Massachusetts residents leave for good, and their numbers aren’t replenished by newcomers from other states. My friend in Kentucky is happy he left, and he’s clearly not alone.


The Boston Herald
Tuesday, January 4, 2022
Many Massachusetts state lawmakers earning six-figure pay, one tops $220,000
By Erin Tiernan


Lawmakers pocketed a pricey pay bump last year, sending salaries for most state senators and representatives north of six figures as the pandemic surged.

State Sen. Cynthia Friedman was the highest-earning lawmaker of 2021, taking home $220,544, state payroll data shows. The Arlington Democrat earned more than $41,000 more than the next highest earner, Speaker of the House Ronald Mariano.

Mariano, D-Quincy, collected $179,276. His counterpart in the Senate and the Legislature’s third-highest earner Senate President Karen Spilka, D-Ashland, was paid $178,276.

Base pay for all 200 state lawmakers climbed from $66,250 to $70,530 last year thanks to a 4.89% raise that was made available to them by a 2017 law that tied biennial increases in their salaries to changes in wages over the previous two years.

Office expense accounts and lucrative stipends for those serving on committees also saw increases, further padding the pockets of lawmakers like Friedman.

Friedman served on eight committees in 2021, serving as chairwoman for the Joint Committee on Health Care Financing and vice chairwoman for the Senate Committee on Ways and Means, the Joint Committee on Ways and Means and the Joint Committee on Covid-19 and Emergency Preparedness and Management. She also served as a member on the Senate Committee on Ethics, the Senate Committee on Personnel and Administration, the Senate Committee on Rules and the Joint Committee on Rules.

The state comptroller’s office lists Friedman’s base pay at $135,331.

Expense accounts range from $16,245 and $21,660 depending on how far lawmakers live from the State House.

Friedman’s office disputed the comptroller’s salary tally on Tuesday night in a statement to the Herald.

State lawmakers shared the wealth in 2021, approving long-awaited raises for House and Senate employees. Staffers in both branches got 6% cost-of-living adjustments in their paychecks in May, plus a $500 stipend to defray the cost of working amid the coronavirus pandemic.

The state’s six constitutional officers and the commonwealth’s 200 senators and representatives were eligible for the nearly 5% salary boost last year too. All but one — outgoing state Auditor Suzanne Bump — declined the raise.

The roughly $8,740 salary bump for Bump brought her annual pay to $187,468.

Gov. Charlie Baker, Lt. Gov. Karyn Polito, Attorney General Maura Healey, Secretary of State William Galvin and Treasurer Deborah Goldberg all rejected the raise.

Baker took home $185,000 in last year. Polito earned $165,000. Healey took home $185,377, Galvin grabbed $178,695 and Goldberg earned $189,560.


The Boston Herald
Wednesday, December 22, 2021
As inflation crushes taxpayers, Legislature sees riches ahead
By Paul Diego Craney


The United States Labor Department recently confirmed what ordinary Massachusetts residents already knew; inflation is having a crushing impact on millions of low-income and middle-class Massachusetts residents. What they may not know is that while this is devastating news for almost all of us, for our state’s 200 lawmakers, it means they are eligible for a significant pay raise.

According to the Labor Department, their recent data shows that inflation reached a four-decade high in the month of November. The Labor Department said the consumer price index, which measures what consumers pay for goods and services, rose 6.8% in November from the same month a year ago. That was the fastest pace since 1982. It was also the sixth straight month in which inflation topped 5%. This type of steady increase on countless necessities, including home heating fuels, the price of gas, the price of groceries, the price of clothing and many other essentials are all eating away at the paychecks of low income and middle class people.

Inflation and other factors are to blame for the significant rise in gas and diesel fuel prices. Massachusetts motorists are now paying the highest gas price since 2012 — a near decade high. Gas is about $3.42 a gallon, and this time last year it was around $2.06. That means we’re looking at a 67% increase, or an extra $20 at every fill-up.

While this is horrible news for ordinary, working-class Massachusetts taxpayers, it’s great news for our part-time, “full time” legislature. In January, Massachusetts lawmakers received a scheduled automatic pay raise which is tied to the rate of inflation. As the rate of inflation reaches a 40-year high, lawmakers’ next eligible automatic pay bump will be their biggest yet if it stays on pace.

As we head into 2022, inflation and economic anxiety are at the forefront of the minds of most Massachusetts residents — except those at the State House. And why would it be? For lawmakers, inflation means automatic pay raises and higher wages. As for Massachusetts Speaker Ron Mariano and Senate President Karen Spilka, they still want more.

Mariano and Spilka are pushing forward a 2022 ballot question in hopes that the voters will be naive enough to allow them to alter the state constitution to empower lawmakers to raise the state income tax rate on whoever they want. This will mean more of your money for them to spend. This latest tax hike gimmick is authored, owned and sponsored by Speaker Mariano and President Spilka along with several other legislators. This proposed ballot question is not brought forward by concerned taxpayers and citizens. If these greedy politicians are successful, the state would do away with its equal taxation clause that protects every state taxpayer from unjust income tax hikes.

This legislative income tax hike would initially target high-income earners. If the legislative ballot question gimmick passes, these Massachusetts residents would see an 80% increase in their income tax rate. Once passed, the speaker and Senate president will be given the authority to raise the income taxes on whoever they want and as high as they want. Can you afford an 80% increase in your income taxes?

Despite their automatic pay increases, and their proposed ballot question plan to increase the income tax rate by 80%, Speaker Mariano and Senate President Spilka are sitting on a pile of dough. These legislative leaders currently control billions of dollars in excess taxpayer money and federal COVID relief money. Even with billions of dollars of taxpayer money going unspent, these enriched legislative leaders will try to fool enough voters into thinking they don’t have enough money next year.

The public often wonders why their paychecks don’t get any bigger while politicians get rich when they get elected. It’s really simple. Politicians propose gimmicks to raise taxes, which take more out of ordinary people’s paychecks and politicians give themselves automatic pay raises when everyone else is suffering. That is a theme Massachusetts Fiscal Alliance will remind the public throughout the New Year until the legislature’s 80% income tax hike gimmick fails next November.

Paul Diego Craney is the spokesman of Massachusetts Fiscal Alliance.


The Eagle-Tribune
Thursday, January 6, 2022
State to adopt stringent truck emissions rules
By Christian M. Wade


Massachusetts is preparing to enact some of the most stringent regulations for truck emissions in the nation, as the Baker administration seeks to curb tailpipe pollution to meet its ambitious environmental goals.

The new regulations, unveiled by the state Department of Environmental Protection this week, would adopt California’s accelerated truck standards requiring an increasing percentage of all medium- and heavy-duty trucks sold to be zero-emission starting in 2025.

The regulations, once finalized, will require manufacturers increase zero-emission truck sales in the state between 30 and 50% by 2030 and 40 and 75% by 2035.

MassDEP Commissioner Martin Suuberg said making the stringent truck emission regulations permanent "will help to reduce air pollution across the commonwealth and protect our environment and the public health."

"The transportation sector accounts for about 40 percent of the total greenhouse gas emissions statewide," Suuberg said. "Adoption of these rules will also address environmental justice concerns in communities that are disproportionately impacted by medium- and heavy-duty vehicle traffic."

State environmental officials say the rules will lead to more zero emission trucks on the road in Massachusetts, which will in turn reduce gasoline and diesel fuel consumption and maintenance costs due to more fuel-efficient vehicles.

The move will make Massachusetts one of five states -- including Washington, Oregon, New York, New Jersey -- to adopt California's stringent rules.

Environmental groups they say the move will help the state meet is ambitious climate change goals, which call for "net zero" carbon emissions by 2050.

Critics say the move will have a cost for consumers, businesses and local governments that use types of vehicles for delivering freight and goods and providing other services from municipal trash collection to construction.

Some groups have criticized the Baker administration's decision to post the emergency regulations, with no debate, on the final day of the year.

"Major policies that ban the sale of entire categories of vehicles is a decision that should be debated by the Legislature and not rushed through by unelected bureaucrats before a major holiday," said Paul Craney, spokesman for the Massachusetts Fiscal Alliance, a conservative, pro-business group.

Baker administration officials defended their decision to issue the emergency rules at the end of the year, pointing out they are required under federal law to issue vehicle emissions regulations at least two years before they take effect.

They also point out that the rules won't implemented until April and the public will be able to comment on the proposed regulations before they are finalized.

To be sure, Massachusetts adopted California's Low Emission Vehicle program regulations in 1991 and has updated it to remain in sync with the West Coast state's regulations. The new regulations involves emission standards for vehicles built in 2025 and also medium- and heavy-duty vehicles and engines.

The move follows the collapse of a multi-state pact aimed at reducing regional vehicle emissions for both trucks and passenger vehicles.

Last month, Gov. Charlie Baker pulled the plug on the Transportation Climate Initiative after the agreement failed to gain traction among other states.

Baker had been one of the most vocal proponents of TCI, touting it as key to the state’s effort to reduce the largest source of greenhouse gas emissions.

But most of the original dozen states that were included in the initiative had backed away, and when Connecticut Gov. Ned Lamont announced that he won't be joining the pact, Baker had no choice but to pull Massachusetts out.

The pact called for creating a cap-and-invest program targeting gas and diesel fuel consumption. Under the plan, suppliers who delivered fuel across state lines would have be taxed on emissions above limits that still must be set.

Those costs were expected to be passed on to consumers.

Supporters of the plan argued that higher gas prices would encourage people to drive less often and turn to public transit, reducing emissions. Critics said the plan would have driven up costs at the pump while doing little to reduce regional greenhouse gas emissions.

TCI was projected to reduce regional emissions by as much as 26% in the next 11 years and generate hundreds of millions of dollars for green projects over the next decade.

The Baker administration says it is also focused on using $10 billion in federal funds headed to the state from the new jobs and infrastructure law, a portion of which will be devoted to helping the state meets its climate change goals.

Before the new vehicle regulations become permanent MassDEP will be holding a public hearings and soliciting comment online from interested parties.

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites.


State House News Service
Monday, January 3, 2022
State Borrows from California to Speed Transition to Electric Trucks
Fifty-Three Percent Truck Emissions Cut Projected by 2050
By Colin A. Young


As it aims for Massachusetts to phase out sales of traditional gas-powered medium- and heavy-duty vehicles over the next three decades, the Baker administration is adopting greenhouse gas emissions standards and regulations from California meant to accelerate the switch to electric vehicles.

The Department of Environmental Protection last week filed emergency regulations and amendments to immediately adopt the Golden State's Advanced Clean Trucks (ACT) policy, which requires an increasing percentage of trucks sold between model year 2025 and model year 2035 to be zero-emissions vehicles. DEP's amended regulations also incorporate California's revisions to greenhouse gas standards for model year 2025 and a "Heavy-Duty Omnibus Regulation," to establish lower greenhouse gas and nitrogen oxides emissions standards for conventional trucks and heavy-duty vehicles.

The administration said the adoption of California's regulations, which is required in certain circumstances under Massachusetts law, will help reduce pollution that harms the environment, promote the adoption of electric trucks and "lead to reduced fuel consumption and fuel costs and maintenance due to more fuel-efficient engines and vehicles and next-generation zero-emission trucks."

"Massachusetts continues to take aggressive action to reduce emissions from the transportation sector, and addressing pollution from medium- and heavy-duty vehicles and advancing the market for clean trucks is an essential part of this effort," Energy and Environmental Affairs Secretary Kathleen Theoharides said. "Reducing emissions from trucks will help support public health by improving air quality, reducing the risk from exposure to toxic diesel pollution, and reducing emissions that contribute to climate change."

Emissions from transportation totaled an estimated 30.8 million metric tons of carbon dioxide equivalents in 2018, more than any other single sector and equal to roughly 42 percent of all emissions that year, DEP said. Baker administration energy officials have said that medium- and heavy-duty vehicles account for about 14 percent of the greenhouse gas emissions in Massachusetts. The transportation sector is one of a handful for which the Baker administration must establish legally binding 2025 and 2030 emissions sublimits by July 1.

DEP said in a summary of the changes that the adoption of the California regulations is projected by 2050 to lead to a 51 percent reduction in regional medium- and heavy-duty vehicle nitrogen oxides emissions, a 23 percent drop in particulate matter emissions and a 53 percent reduction in greenhouse gas emissions compared with today's levels.

The Massachusetts Clean Air Act requires that the Bay State "shall adopt motor vehicle emissions standards based on the California's [sic] duly promulgated motor vehicle emissions standards" unless DEP determines, after a public hearing and based on "substantial" evidence that emissions standards and a compliance program similar to California's "will not achieve, in the aggregate, greater motor vehicle pollution reductions than the federal standards and compliance program."

DEP said that its analysis of the California regulations concluded that they "are clearly more stringent and provide, in the aggregate, greater emission reductions than the current federal program, and therefore must be adopted by MassDEP." The regulations were filed Dec. 30 on an emergency basis, the agency said, because they must be in place two years before the first affected model year begins. Model year 2025 starts Jan. 1, 2024.

Members of the public will have a chance to weigh in on the changes during a Feb. 1 virtual public hearing and can submit written comments via email to ngoc.hoang@mass.gov until 5 p.m. on Feb. 11, DEP said.

DEP acknowledged that the amendments "will increase the upfront cost of new [medium- and heavy-duty] vehicles" but said the owners of those vehicles will realize savings over time from having switched to a zero-emissions vehicle. In all, the changes are projected to lead to costs of $1.054 billion by 2050, the agency said.

The amended regulations are also expected to lead to health care cost savings "in the range of $363 million to $818 million from 2025 through 2050, with the majority of benefits due to avoided premature deaths, avoided hospitalizations for cardiovascular illness and avoided emergency room (ER) visits," the administration said.

"In addition to reducing criteria pollutant emissions and GHG, the regulations will lead to reduced fuel consumption and fuel costs due to more fuel-efficient engines and vehicles, and next generation zero emission trucks, which will positively affect consumers, most businesses and fleet owners," DEP said.

Zero-emission vehicles are a major part of the Baker administration's strategy to meet reduced greenhouse gas emissions goals. The 2050 decarbonization plan the administration released in late 2020 said that reducing greenhouse gas emissions by 45 percent from 1990 levels by 2030 -- the administration's goal before a climate law set the required 2030 reduction at 50 percent -- would "require that about 1 million of the 5.5 million [passenger vehicles] projected to be registered in the Commonwealth in 2030 be" zero-emission vehicles.

In coordination with more than a dozen other states, Massachusetts has already set a goal that at least 30 percent of all trucks sold by 2030 and 100 percent of trucks sold by 2050 be zero-emission vehicles.


State House News Service
Wednesday, January 5, 2022
Slow Start To Busy Seven-Month Session Stretch
2022 Begins With Virus Surge, State House Still Closed
By Matt Murphy and Sam Doran


The second leg of the Legislature's two-year session officially kicked off on Wednesday marking the start of a seven-month stretch that will test the ability of lawmakers to juggle predictable duties like the passage of an annual budget with the challenges of reaching compromise on leadership priorities like voting reform, mental health access and the acceleration of offshore wind energy.

The year also begins against a backdrop of skyrocketing COVID-19 cases and concerns about the safety of in-person schooling, testing capacity, and booster vaccination rates.

House Speaker Ron Mariano this week questioned what the administration was doing to respond to the latest surge, and whether additional funding might be necessary for testing or the distribution of masks, and Senate President Karen Spilka has joined others in calling for Baker to reinstitute a statewide indoor mask mandate.

But while COVID-19 will continue to occupy the attention of lawmakers, many legislators, operating with newly drawn districts, have already begun thinking about reelection or running for another office and will be looking to make progress on myriad issues that would provide grist for their campaigns later in the year.

Both branches met quickly on Wednesday morning, moving through the steps necessary to get the second year of the session underway, but eschewing some of the ceremonial trappings that typically took place before COVID-19 made larger gatherings, even for the vaccinated, seem risky.

Sen. Michael Rodrigues, the Senate chair of Ways and Means, was on hand for the session, and said his focus to start the year is on "gearing up for the fiscal 2023 budget."

Legislative leaders and the Baker administration must by Jan. 15 agree to an estimate of tax revenues for the next fiscal year that will inform budget decisions in the months ahead. In the coming weeks, Gov. Charlie Baker will deliver his final State of the Commonwealth address and before the end of the month file a budget for fiscal year 2023 that will be his last chance to shape the way the state invests billions of dollars in growing tax revenues.

Baker begins 2022 staring down the final year of his governorship, and hoping to make progress on issues like sports betting and drugged driving prevention. Baker has also said he will propose a major health care bill early this year, and he's likely to also soon file an annual borrowing bill for the Chapter 90 local road repair program that is often among the first on the annual docket for lawmakers.

On the Legislature's side of the State House, most committees face a Feb. 2 deadline to report out any bills currently before them for consideration and lawmakers will most likely want to pass legislation as soon as possible setting a date for the primary elections later this year.

"Just in general, I would like to see committees start releasing more bills for us to act upon," Sen. Michael Moore said after Wednesday's session.

Sen. William Brownsberger, who presided over the start of the new year in the Senate, said he'd like to see the Legislature "make some more progress in the criminal justice space, correctional space," and also flagged civil liberties and archaic laws that have never been repealed as personal priorities.

"Sodomy still on the books as a felony in this commonwealth. We should address that, especially with the Supreme Court changing," the third-ranking member of the Senate said.

Neither Mariano nor Spilka addressed their respective chambers to start the new year, but many of their priorities are already known. Mariano was among the few House members at Wednesday's session.

Mariano has identified the continued development of the offshore wind industry as a goal, and in a statement he told the News Service that Rep. Jeff Roy, the co-chair of the Committee on Telecommunications, Utilities and Energy, is "finalizing" a bill to make changes to the process used to solicit bids for wind power projects.

"The House of Representatives has been a leader in offshore wind and will continue to advance this industry in Massachusetts. If we want to lead our clean energy future, we must improve our bidding process to remain competitive with neighboring states, invest in our port infrastructure, and incentivize economic development opportunities," Mariano said.

The Quincy Democrat also said he has a bill on his radar to reform the oversight and management of the state's two soldiers' homes in Holyoke and Chelsea after an early pandemic outbreak of COVID-19 at the Holyoke Soldiers' home brought new scrutiny on its management. And the House passed the speaker's bill last year to provide more scrutiny of large hospital expansions into the suburbs.

Spilka, in a statement, said that in addition to the ever-evolving response to the COVID-19 pandemic she hopes in 2022 to see voting and mental health access legislation signed into law. The Senate passed legislation on both of those topics last year.

She also said she was interested in seeing the Senate tackle challenges confronting families with regard to child care and consider "reforms to the criminal legal system and how it disproportionately impacts underserved youth and adults, as well as revisit the Senate's prescription drug cost containment legislation, known as the PACT Act."

"All of these priorities will be considered in the ever-changing landscape of the COVID-19 pandemic. The Senate will continue to work with our partners in government at every level to ensure residents' voices are heard as we continue to navigate through this pandemic," Spilka said.

While legislators have adapted to new working conditions on Beacon Hill during the pandemic, the State House remains the last state capitol building in the country completely closed to the public and most staff and legislators continue to work and vote remotely.

Several senators said these circumstances make the process more challenging than under normal conditions. Moore and Sen. John Keenan both said they both look forward to the day when they can again have regular face-to-face interactions with their colleagues to engage on bills they've filed and would like to see move forward.

"Really hope that we will be doing that in person, that's my biggest hope," Moore said.

The emergence of the omicron variant, however, has added to the slow-moving plans to reopen the State House.

"Unfortunately this omicron reared its head a little bit and kind of put a little bit of a twist to it, but we'll be fine," Rodrigues said about the start of the second year of the session.

Rodrigues said his committee has been taking meetings about the possible legalization of sports betting, which passed the House but has again stalled in the Senate, and said he will continue to urge the Baker administration to "step it up" with regard to COVID-19 testing availability, which he said is the most common concern he's hearing from constituents.

The Westport Democrat also downplayed any urgency to developing a plan to spend the state's remaining $2.25 billion in American Rescue Plan Act funds, despite some senators indicating they would support voting on a second ARPA spending bill this year.

"We still have three years before we even have to allocate it, so we'll do so when we think the time is right," Rodrigues said.


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