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CLT UPDATE
Monday, January 24, 2022

"Out of The Frying Pan, Into The Fire"


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

Analyses from the Massachusetts Department of Revenue (MADOR, 2016) and Tufts University’s Center for State Policy Analysis (2022) dramatically underestimated the number of households and businesses impacted by the constitutionally-imposed tax hike that the legislature is putting before voters in November 2022, according to a new study from Pioneer Institute.

A question scheduled to appear on the Massachusetts ballot next November would amend the state constitution and place a four-percent surtax on households and thousands of Massachusetts businesses that in any one year have income exceeding $1 million. In studying the effect of the proposed tax, MADOR found that 19,565 households and businesses would be impacted in the single year the tax took effect. The Tufts’ analysis estimates 26,000 would be affected in 2023.

MADOR and Tufts’ analyses focus on the impact in a single year and are therefore premised on a fundamental misunderstanding of the households and businesses affected by the tax. Those affected by the tax are primarily retirees and small businesses who have a one-time taxable event, often the sale of an asset—a home that will serve as a retirement nest-egg, a business location or subsidiary, a patent, or similar. The great majority are not “millionaires.”

A new Pioneer Institute study finds that the proposed tax would impact multiples of that amount over a nine-year period, since the majority of “millionaires” only earn $1 million once during that time....

“Proponents like to call this a “millionaires tax” but at best 1 in 5 of the people affected are millionaires,” said Pioneer Executive Director Jim Stergios. “The great majority are retirees and small businesses, who aren’t millionaires hiding away in a mythical castle with a moat around it. That’s what proponents want you to believe – but the facts on this are very clear.”

Pioneer Institute
January 18, 2022
Study: Tax Up For A Vote In November Would Ensnare
Over Three Times More Taxpayers Than Previously Estimated


A handful of business owners from various sectors and from around Massachusetts came together Thursday to call attention to how the proposed surtax on income over $1 million would affect them and to push back against the notion of the proposal is something that would affect only the super-wealthy.

"The way this tax is portrayed in the media, it's like all these rich people with boats and million-dollar houses and are just having gobs and gobs of money to throw around. But small businesses aren't like that," Ann Sullivan, who owns Metro Equipment Corporation in Braintree, said. "This is our nest egg. This is what I'm going to retire on and now I may have to postpone my retirement because of this. So for me, it's really it's affecting my day to day my life, my choices, and also the choices of my employees."

Sullivan was one of six business owners convened by the Massachusetts Fiscal Alliance and the Massachusetts chapter of the National Federation of Independent Business, two organizations that have worked to rally opposition to a proposal that supporters call the millionaire's tax....

The proposal would not just affect individuals. Sen. Patrick O'Connor estimated in 2019 that it could also apply to about 15,000 Massachusetts small businesses that file as pass-through entities for tax purposes, and it would also be charged on business owners who plan to sell their company to support their own retirement.

"The proposal to raise the income taxes is a slap in the face to small business. First in that it's an extra tax on profits for a subchapter S corporation as most small businesses are and, second of all, if my family ever decides to sell this boatyard having put our life into it, we will be paying an extra 4 percent that will reduce our retirement income," Toby Burr, owner of Burr Brothers Boats in Marion, said. "So I don't think people realize the extent to which this tax is a penalty to small business."

Rep. Jim O'Day, the House sponsor of the proposed Constitutional amendment, last June rejected opponents' claims that the surtax would unduly harm small businesses in the Bay State by asserting that "businesses earning over a million dollars, in my estimation, are not small businesses."

NFIB State Director Christopher Carlozzi said every business on the call Thursday morning would be categorized as a small business and said O'Day's comment "shows a lack of understanding as to how small businesses operate in this state."

"They're not walking away with a million dollars in their pocket every year. It's the way their business is organized for tax purposes and, as we've said, that's money that's reinvested into job creation and really reinvesting into Massachusetts," he said. "So it's very short-sighted to make a comment like that when I'm sure the representative has a lot of business owners in his district that would be very much impacted by this."

State House News Service
Thursday, January 20, 2021
Small Biz Owners Fear Income Surtax Will Dent Nest Eggs
Boatyard Owner Calls Tax "Slap In The Face"


A new chapter in the race for governor began Thursday with Attorney General Maura Healey launching her campaign under dark, wintry skies, entering a race in which she will instantly be considered the front-runner to succeed Gov. Charlie Baker and win back the corner office for Democrats.

Healey, 50, catapulted onto the state's political scene in 2014 when, as an underdog, she won her first campaign for political office to become the state's top law enforcement officer. Since then, she has taken on President Donald Trump in court and challenged major corporations like Exxon Mobil and Purdue Pharma.

Now she must prove to voters that she has the skills and vision for a broader role overseeing all of state government as Massachusetts looks to rebound from a deadly pandemic that has altered everything from commerce to education....

I understand people are tired right now. I understand that people wonder if we're ever going to get through this and out of this. And I'm just here to say we are, and we will and we will move forward in ways that are bigger and better than ever imagined," Healey told reporters....

Healey said she would leave it to others to decide if she was sufficiently progressive, or had the vision to lead Massachusetts forward.

"I guess I'd say look at my record. I think that's what people have to do. They have to hear my words. They have to look at what I've done. They have to look at what I say that I would do. And I'll let that, in some ways, speak for itself," Healey said....

On the Republican side of the race, former state Rep. Geoff Diehl is the only candidate running. Diehl linked the timing of Healey's campaign launch to Thursday's one-year anniversary of President Joe Biden taking office, blaming Democrats in Washington for inflation, business closures and the struggles of schools to educate all children.

"Maura Healey's announcement signals the start of a race by Democratic candidates to double down on these failed policies right here in Massachusetts," Diehl said. "Whomever emerges from the trio of radical progressives, the choice will be clear and easy for Massachusetts: live under government control of every aspect of your life, or live in a state where you're free to choose a school, a career and a life of self-direction and unlimited opportunity."

State House News Service
Thursday, January 20, 2021
Healey Takes Record As AG Into Guv’s Race
Boston Dem Wants State On "Bigger and Better" Path Forward


Massachusetts Attorney General Maura Healey, who made herself a nationally known figure with lawsuits against the Trump administration and big corporations, formally launched her campaign for governor on Thursday, immediately becoming the race’s presumptive frontrunner.

In her first public remarks as a gubernatorial candidate, the second-term Democrat pitched herself as an experienced public servant prepared to grow her purview from legal issues to kitchen-table ones, and get the Massachusetts economy “back on track.” And though she has built a reputation as a progressive, Healey resisted such labels on Thursday, instead striking a moderate tone that avoided calls for sweeping change....

Analysts say Healey’s $3.7 million war chest and higher name recognition make her the candidate to beat. With the state’s top two Republicans, Governor Charlie Baker and Lieutenant Governor Karyn Polito, out of this year’s race, Democrats are bullish on their chances to win back the office — and many believe Healey has a good shot at doing it....

In Healey’s first hours as a candidate, she sidestepped a reporter’s question about whether she considers herself an “uber-progressive” Democrat, saying she’d leave it to “others to characterize my record.” ...

Her early focus stands in stark contrast to message of her progressive opponents, who have called for “transformation” since entering the race last year....

Healey’s campaign began to build rapid momentum in the hours after her pre-dawn announcement, raising $100,000 in the first six hours alone, an aide said. And she earned early endorsements from Teamsters Local 25, the Democratic Attorneys General Association, and Barbara Lee, who heads a political operation and research foundation that advocate for women’s equality in American politics....

[Geoff] Diehl, a conservative Republican who is running, called Healey and the other two major candidates a “trio of radical progressives” and said the choice for Massachusetts voters should be clear: “Live under government control of every aspect of your life, or live in a state where you’re free to choose a school, a career and a life of self-direction and unlimited opportunity.”

The Boston Globe
Thursday, January 20, 2022
Maura Healey launches campaign for governor,
promising to ‘continue with what’s working and fix what’s not’


Even before COVID-19 triggered a tsunami of layoffs, it was hard to overstate just how frustrated businesses were with the state’s unemployment insurance system.

Massachusetts has among the most generous jobless benefits in the country, and it maintains a low bar for eligibility. Businesses, which fund unemployment payouts through taxes, see the state as an extravagant spender — of their money. They resent that neither the Legislature nor the Baker administration has made overhauling the broken system a priority.

“Employers are frankly pretty fed up with special groups which simply point at the business community and the funding side to seek solvency and higher benefits,” said Jon Hurst, president of the Retailers Association of Massachusetts.

With that as context, consider what I reported on Monday: The Department of Unemployment Assistance paid at least $2.7 billion over the past two years to hundreds of thousands of people who got more money than they were due or who weren’t eligible for compensation when they lost their jobs. The overpayments I focused on were not caused by criminal fraud but human error — by DUA staff or benefit-seekers....

“It’s bad for people and bad for businesses,” said state Senator Patricia Jehlen, a Democrat from Somerville who is co-chair of the Joint Committee on Labor and Workforce Development.

And third, penalizing unemployment recipients for the DUA’s errors just doesn’t seem fair. It often took months for the department to notify these folks, many of whom were relying on jobless benefits to cover necessities like food, housing, and utilities.

Jehlen agrees, but she’s hesitant to endorse a waiver or other ways to ease the burden on people until she has more information.

That isn’t easy when dealing with the sclerotic DUA, which is notorious for withholding information.

“We need an accounting,” Jehlen said.

True that, senator....

No wonder employers are steaming.

The Boston Globe
Wednesday, January 19, 2022
Mass. businesses back financial relief on jobless claims clawbacks


“We’re listening.”

That’s essentially the message the Baker administration sought to deliver Thursday as it belatedly provided details on efforts to claw back billions of dollars in unemployment payments it later determined shouldn’t have been paid.

In a bid to soften its image as it duns hundreds of thousands of people, the Department of Unemployment Assistance disclosed for the first time that it has dropped nearly $1.2 billion in repayment demands issued since the pandemic triggered a tsunami of layoffs in March 2020. It backed off after claimants provided additional proof they were truly eligible for benefits. The DUA said it has also approved $600 million financial hardship or equity waivers.

But even after those moves, the department has $2.6 billion in “apparent outstanding overpayments,” the first time it has said how much money is currently in dispute. About 85 percent of that amount came from federal pandemic programs, the rest from the state....

Two days later I followed up with an online column asking whether some or all of the overpayments could be repaid with a mix of federal pandemic relief aid and state budget surplus dollars. That was an idea suggested to me, independently, by the leaders of three big employer groups in the state.

Until this point, the DUA had declined to provide any data on overpayments beyond what Rosalin Acosta, secretary of the Executive Office of Labor and Workforce Development, told a legislative hearing last month. Acosta, who oversees DUA, said there were 383,000 claimants with open cases but didn’t provide a total dollar amount the state was trying to reclaim.

Luckily, the DUA sends a lot of data to Washington, which the Labor Department puts into various reports. An employment attorney at Community Legal Aid, which provides free legal help in Western Massachusetts, analyzed those reports. The bottom line: from March 2020 to September 2021, DUA made $2.7 billion in overpayments — excluding any reversals or waivers — with $1.1 billion, or 42 percent, attributed to the state unemployment program, which is funded by employers through taxes....

My colleague Shirley Leung talked with state Auditor Suzanne Bump, who said she doesn’t think the state should forgive the debt and move on.

”Program integrity is essential for government trust,” she said. “Overall the program of clawing back is appropriate and required under the law.”

But the situation is a mess.

The Boston Globe
Thursday, January 20, 2022
State needs to slow down on clawing back unemployment overpayments


The names stretch out behind her, well-known in state political lore, like ghosts of elections past: Quinn, Harshbarger, Reilly, Coakley. They were all incumbent attorneys general who endeavored to become governor, only to fall short.

But Maura Healey's not thinking about the past....

It's been written many times over the past few days that Healey enters the race as the prohibitive favorite. But just ask Tom Reilly how quickly that title can be snatched away. Sen. Sonia Chang-Diaz and Danielle Allen both showed by their welcoming of Healey that neither are prepared to lay down, passively tagging the prosecutor with the establishment label they are looking to rip off of state government.

For now, Healey is riding the wave. Her campaign pulled in $207,376 in donations in the 24 hours after her launch video went live, a one-day sum equal to half of the personal record she set in December when she collected over $400,000 from donors eager to give her encouragement. Turns out running can be as lucrative as the tease.

Gov. Charlie Baker flew above the political fray this week, sticking with the focused-on-the-work message that he chose last month when he decided to watch campaign 2022 unfold from the sidelines....

Sen. Lydia Edwards, an East Boston Democrat, took her oath of office Thursday to join the Senate as "lucky number 13," raising the number of women in the body to a baker's dozen.

While the Senate was restored to full strength, the exodus from the House picked up steam, with news about five women who are moving on. Claire Cronin gave her farewell speech to colleagues after being sworn in as President Joe Biden's ambassador to Ireland, while Rep. Lori Ehrlich got tapped to lead the New England office of the Federal Emergency Management Agency.

Rep. Maria Robinson had her confirmation hearing to join the U.S. Department of Energy scheduled before a Senate committee for Feb. 3, Rep. Sheila Harrington was tapped by Baker for the clerk magistrate job in Gardner District Court, and Methuen Rep. Linda Dean Campbell announced her plans to retire at the end of the term to spend more time with her family.

House Speaker Ron Mariano must now decide whether it makes sense to schedule special elections to replace some of these departing members or leave them empty until next year. If history is any guide, resignations that occur early in an election year often lead to extended vacancies....

Healey's leap into the governor's race shifted the focus of the will-they-won't-they guessing game to the office she's giving up, and the Democrats are swarming.

Shannon Liss-Riordan and Quentin Palfrey, past contenders for statewide office, took steps to prepare for campaigns even before Healey made her intentions clear. And Andrea Campbell, the former Boston city councilor fresh off a 2021 run for mayor, and New Bedford Mayor Jon Mitchell are also said to be mulling a bid to be the state's top law enforcement officer.

Middlesex DA Marian Ryan has not ruled out a run for attorney general and why would she? The three AGs before Healey -- Harshbarger, Reilly and Coakley -- each made the jump from Middlesex DA to attorney general.

State House News Service
Friday, January 21, 2022
Weekly Roundup - Musical Chairs


Gov. Charlie Baker in July signed a $47.6 billion annual state budget, put his name on a $4 billion COVID-19 relief bill in December, and on Wednesday launches the fiscal 2023 budget debate. It's the governor's final budget proposal and the first one he will issue under his new lame duck status.

Baker on Tuesday night will deliver his last State of the State address, remarks that will also be consumed through the lens of the evolving race among candidates to succeed him. A new governor will be in place at this time next year, preparing their first budget and inheriting management of the spending bill Beacon Hill is about to assemble.

With state tax collections consistently smashing projections, Baker's team and Democratic legislative leaders have agreed on a projected 2.7 percent increase in tax receipts for the coming fiscal year, but that increase is based on a fiscal 2022 estimate that the administration this month ratcheted upwards by $1.5 billion. Compared to the original estimate for the current fiscal year ($30.12 billion), the forecast for fiscal 2023 ($36.915 billion) would represent growth of more than 22 percent, so there's no revenue crunch at the moment and the extent of state revenue-sharing with local government could emerge as a topic of debate in the coming months.

State House News Service
Friday, January 21, 2022
Advances - Week of Jan. 23, 2022


REVENUE COMMITTEE: Joint Committee on Revenue convenes a virtual hearing, its fourth this month, to consider 26 bills dealing with veterans issues and another 26 miscellaneous bills. Many of the proposals seek to offer tax credits or exemptions to veterans, including multiple proposals to relieve the burden they face from property taxes.

The miscellaneous portion of the agenda features a Sen. Jason Lewis bill (S 1910) to launch a pilot program offering a universal basic income to at least 1,500 Bay Staters and a pair of housing-related bills from Rep. Mike Connolly that would allow municipalities to impose an excise tax on vacant units in residential buildings (H 2852) and tax large businesses to fund homelessness prevention (H 2855). (Tuesday, 10 a.m., More information)

State House News Service
Advances - Week of Jan. 23, 2022
Tuesday, Jan. 25, 2022


SECTION 1. The General Laws, as appearing in the 2018 Official Edition, are hereby amended by inserting after chapter 29D the following new chapter:-

CHAPTER 29E. LIMITATION ON THE GROWTH OF STATE EXPENDITURES...

Section 3. Beginning on or after January 1, 2022, the growth rate in state expenditures for every ensuing fiscal year shall equal inflation plus the state population change as so reported 12 months before.

Section 4. Following the execution of the provisions of section 3, should state tax revenues exceed state expenditures, the amount in excess shall be transferred to the temporary holding fund established by the comptroller. Any balance in the temporary holding fund greater than zero at the end of the fiscal year shall be refunded to the taxpayers of the Commonwealth, as prescribed by rules and regulations determined by the commissioner of revenue; provided, the provisions of section 5C of chapter 29 shall not occur until after the provisions of this section are executed.

Section 5. Following the execution of the provisions of section 3, should state expenditures exceed state tax revenues, the amount in excess shall be reduced to match state tax revenues.

Section 6. The Supreme Judicial Court or Superior Court may, upon the petition of not less than twenty-four taxable inhabitants of the Commonwealth, enforce the provisions of this chapter. If successful, said taxable inhabitants shall be entitled to recover reasonable attorneys’ fees and other costs from the Commonwealth incurred in maintaining such suit.

Bill H.2958
An Act relative to the taxpayers’ bill of rights
By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 2958)
of Bradley H. Jones, Jr., and others relative to limitations on expenditures and revenues.


REVENUE COMMITTEE: Revenue Committee holds a hearing on 58 bills dealing with property taxes, including exemptions and abatements, and miscellaneous matters.

Home rule petitions to authorize real estate transfer taxes in Nantucket (H 4201), Cambridge (H 4282) and Arlington (H 4295) are on the agenda, as are several bills involving payments in lieu of taxes. A pair of Rep. Williams bills (H 3094, H 3095) speak specifically to PILOT payments by casinos. A Rep. DeCoste bill (H 4174) would provide for real estate tax abatements in cases of public health emergencies or terrorism. A Sen. Lovely bill (S 1919), filed in February 2021 during the COVID-19 state of emergency, proposes abatements for the last set of businesses that were allowed to reopen after the pandemic shutdowns and a Sen. Moran bill (S 2553) filed last September proposes tax relief for child care providers who received federal grants. (Friday, 10 a.m., Agenda and Info)

State House News Service
Advances - Week of Jan. 23, 2022
Friday, Jan. 28, 2022


Chapter 59 of the General Laws is hereby amended by inserting after section 5N the following 2 sections:-

Section 5O. In any city or town that accepts this section, the board of selectmen of a town, or in a municipality having a town council form of government, the town council or the mayor, with the approval of the city council in a city, may establish a bifurcated or progressive tax rate on real property.

Bill S.1836
An Act relative to a bifurcated property tax
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1836) of Julian Cyr
and Adam J. Scanlon for legislation relative to a bifurcated property tax.


Citing housing affordability hurdles that are compounding workforce challenges, one of the state's largest health care employers is getting behind a proposal to allow cities and towns in Massachusetts to put a new fee on housing transactions.

Mass General Brigham submitted testimony Wednesday to the Joint Committee on Housing in support of bills that would enable municipalities to impose of a fee of between 0.5 and 2 percent of the price of certain housing transactions in order to generate revenue to preserve affordable housing and fund new homes construction. The fee rate, and any exemptions, would be set locally, giving communities flexibility in crafting parameters.

As proposed, the bills (H 1377 and S 868) call for the new fees to be applied only on transactions featuring prices that are above the statewide or county median single-family home price.

If approved, the transfer fee could be in addition to property tax surcharges imposed in nearly 200 communities that have adopted the Community Preservation Act (CPA), a law approved in 2000 that permits a local charge of up to 3 percent to pay for open space protection, historic preservation, affordable housing and outdoor recreation. More than 8,700 affordable housing units have been created and 14,700 more units supported with CPA funds....

"Health and housing are inextricably linked, and research has demonstrated the connection between housing stability and health outcomes. The lack of affordable housing, and other social determinants of health, plague many neighborhoods disproportionately - particularly communities of color - leading to alarming health disparities," Taveras wrote in testimony to the committee, a copy of which was obtained by the News Service....

Supporters of the bill say a new fee is justified because runaway housing costs are increasingly hampering the ability of employers to sustain workforces across industries, including the restaurant, retail, education and public safety sectors.

Real estate industry officials over the years have successfully bottled up proposals to impose new fees on property transactions, arguing against the idea of making housing costs higher in order to address a problem that is a statewide issue and the focus of numerous, longstanding government-sponsored housing programs.

State House News Service
Thursday, January 20, 2022
Mass General Brigham Backs Fee To Address Housing Crunch
Transfer Tax Bills Haven't Caught On At State House


Chip Ford's CLT Commentary

Any CLT farmers/farm-owners reading this and willing to participate in a Zoom remote conference about how this proposed graduated income tax will affect you?

We're looking for a few for an upcoming news conference (like the one last Thursday with small business-owners) to highlight the extent of damage this proposed constitutional amendment will impose on family farmers.  Toby Burr, owner of Burr Brothers Boats in Marion and a longtime CLT member, at Thursday's Zoom news conference called it "a slap in the face" when he spoke for boatyard owners and other small, family-owned businesses.

It was a hard-working Marblehead boatyard owner who encouraged Barbara Anderson to seek a job with CLT many decades ago.  Her husband at the time, Ralph explained to her in frustration that a graduated income tax meant "the harder you work the more the government takes."  Barbara was working then as a part-time lifeguard at the Marblehead YMCA.  He suggested she look into Citizens for Limited Taxation, which had just been launched to oppose the fourth graduated income tax assault.  Maybe they'd give her a fulltime job to help stop it.  Barbara was intrigued, was soon hired as CLT's first secretary and for the next forty years she went on to make Massachusetts history!


Pioneer Institute released a report last Tuesday ("Study: Tax Up For A Vote In November Would Ensnare Over Three Times More Taxpayers Than Previously Estimated") that revealed "the proposed tax would impact multiples of that amount over a nine-year period, since the majority of 'millionaires' only earn $1 million once during that time."  In its news release accompanying the report Pioneer Institute noted:

“Proponents like to call this a “millionaires tax” but at best 1 in 5 of the people affected are millionaires,” said Pioneer Executive Director Jim Stergios.  “The great majority are retirees and small businesses, who aren’t millionaires hiding away in a mythical castle with a moat around it.  That’s what proponents want you to believe – but the facts on this are very clear.”

On Thursday the State House News Service reported ("Small Biz Owners Fear Income Surtax Will Dent Nest Eggs; Boatyard Owner Calls Tax "Slap In The Face"):

A handful of business owners from various sectors and from around Massachusetts came together Thursday to call attention to how the proposed surtax on income over $1 million would affect them and to push back against the notion of the proposal is something that would affect only the super-wealthy.

"The way this tax is portrayed in the media, it's like all these rich people with boats and million-dollar houses and are just having gobs and gobs of money to throw around. But small businesses aren't like that," Ann Sullivan, who owns Metro Equipment Corporation in Braintree, said. "This is our nest egg. This is what I'm going to retire on and now I may have to postpone my retirement because of this. So for me, it's really it's affecting my day to day my life, my choices, and also the choices of my employees."

Sullivan was one of six business owners convened by the Massachusetts Fiscal Alliance and the Massachusetts chapter of the National Federation of Independent Business, two organizations that have worked to rally opposition to a proposal that supporters call the millionaire's tax....

The proposal would not just affect individuals. Sen. Patrick O'Connor estimated in 2019 that it could also apply to about 15,000 Massachusetts small businesses that file as pass-through entities for tax purposes, and it would also be charged on business owners who plan to sell their company to support their own retirement.

"The proposal to raise the income taxes is a slap in the face to small business. First in that it's an extra tax on profits for a subchapter S corporation as most small businesses are and, second of all, if my family ever decides to sell this boatyard having put our life into it, we will be paying an extra 4 percent that will reduce our retirement income," Toby Burr, owner of Burr Brothers Boats in Marion, said. "So I don't think people realize the extent to which this tax is a penalty to small business."

Rep. Jim O'Day, the House sponsor of the proposed Constitutional amendment, last June rejected opponents' claims that the surtax would unduly harm small businesses in the Bay State by asserting that "businesses earning over a million dollars, in my estimation, are not small businesses."

NFIB State Director Christopher Carlozzi said every business on the call Thursday morning would be categorized as a small business and said O'Day's comment "shows a lack of understanding as to how small businesses operate in this state."

"They're not walking away with a million dollars in their pocket every year. It's the way their business is organized for tax purposes and, as we've said, that's money that's reinvested into job creation and really reinvesting into Massachusetts," he said. "So it's very short-sighted to make a comment like that when I'm sure the representative has a lot of business owners in his district that would be very much impacted by this."


In my commentary for the CLT Update of April 5, 2021 ("'Millionaires' Grad Tax Would Hit Middle-Class Retirees") I wrote:

On the political front it's looking more like the Democrats' candidate to run against the Baker/Polito administration -- whether that will be Charlie or Karyn -- will likely be the ambitious Attorney General Maura Healey.

Like the Hamlet-of-Beacon-Hill at last Democrat attorney general Maura Healey has ceased the suspense game and finally taking the inevitable plunge, announcing she is now officially a candidate for governor.

In her announcement on Thursday she promised "we will move forward in ways that are bigger and better than ever imagined."

Isn't that precious and inspiring moving forward in ways that are bigger and better.  Just what productive Massachusetts taxpayers need:  State government that is even bigger doing things "better than ever imagined" by god!

The Boston Globe reported:  "[Geoff] Diehl, a conservative Republican who is running, called Healey and the other two major candidates a 'trio of radical progressives' and said the choice for Massachusetts voters should be clear: 'Live under government control of every aspect of your life, or live in a state where you’re free to choose a school, a career and a life of self-direction and unlimited opportunity.'”

The battle over who will become the next Bay State governor in my view at the moment comes down to Geoff Diehl, who has been endorsed by Donald Trump, and Maura Healey, who as attorney general has sued the former-Trump administration in federal courts at least 43 times.  Considering that Massachusetts voters in 2016 voted 60%-32.8% for Hillary Clinton over Trump, and in 2020 voted 65.6%-32.1% for Biden over Trump, unfortunately I sadly predict that Healey will be the next governor of Massachusetts.

Charlie Baker will be back in the private sector and Massachusetts residents will find themselves out of the frying pan, into the fire.  Though he governed as a Democrat (likely a prerequisite to be elected in Massachusetts) he wasn't a wild-eyed radical progressive like what's coming unless Diehl pulls off some kind of miracle for the ages, and I'm so rooting for that.  Maybe that Red Wave expected to sweep the country in November will splash the Bay State a bit.  On the Friday episode of The Mark Levin Show he spent over ten minutes (starting at 3:55 minutes in) exposing ongoing new "affordable housing" schemes in Massachusetts:  "Governor Charlie Baker, utter disaster," Levin declared, "Now this is a Republican?" (at 7:00 minutes in).

[Click on the graphic below to listen]


In its Advances for this week ahead the State House News Service on Friday reported:

Gov. Charlie Baker in July signed a $47.6 billion annual state budget, put his name on a $4 billion COVID-19 relief bill in December, and on Wednesday launches the fiscal 2023 budget debate. It's the governor's final budget proposal and the first one he will issue under his new lame duck status....

With state tax collections consistently smashing projections, Baker's team and Democratic legislative leaders have agreed on a projected 2.7 percent increase in tax receipts for the coming fiscal year, but that increase is based on a fiscal 2022 estimate that the administration this month ratcheted upwards by $1.5 billion. Compared to the original estimate for the current fiscal year ($30.12 billion), the forecast for fiscal 2023 ($36.915 billion) would represent growth of more than 22 percent, so there's no revenue crunch at the moment and the extent of state revenue-sharing with local government could emerge as a topic of debate in the coming months.

With revenue still flooding the state treasury like shot out of a high-pressure fire hose why are legislators still looking to suck in ever more from taxpayers?  We know the answer only too well.  It's what they do, it's all they know how to do.

In its Advances for this week (Week of Jan. 23, 2022) the State House News Service reported these 84 bills tax-related bills coming before the Joint Committee on Revenue this week:

Tuesday, Jan. 25, 2022

REVENUE COMMITTEE: Joint Committee on Revenue convenes a virtual hearing, its fourth this month, to consider 26 bills dealing with veterans issues and another 26 miscellaneous bills. Many of the proposals seek to offer tax credits or exemptions to veterans, including multiple proposals to relieve the burden they face from property taxes.

The miscellaneous portion of the agenda features a Sen. Jason Lewis bill (S 1910) to launch a pilot program offering a universal basic income to at least 1,500 Bay Staters and a pair of housing-related bills from Rep. Mike Connolly that would allow municipalities to impose an excise tax on vacant units in residential buildings (H 2852) and tax large businesses to fund homelessness prevention (H 2855). (Tuesday, 10 a.m., More information)

Friday, Jan. 28, 2022

REVENUE COMMITTEE: Revenue Committee holds a hearing on 58 bills dealing with property taxes, including exemptions and abatements, and miscellaneous matters.

Home rule petitions to authorize real estate transfer taxes in Nantucket (H 4201), Cambridge (H 4282) and Arlington (H 4295) are on the agenda, as are several bills involving payments in lieu of taxes. A pair of Rep. Williams bills (H 3094, H 3095) speak specifically to PILOT payments by casinos. A Rep. DeCoste bill (H 4174) would provide for real estate tax abatements in cases of public health emergencies or terrorism. A Sen. Lovely bill (S 1919), filed in February 2021 during the COVID-19 state of emergency, proposes abatements for the last set of businesses that were allowed to reopen after the pandemic shutdowns and a Sen. Moran bill (S 2553) filed last September proposes tax relief for child care providers who received federal grants. (Friday, 10 a.m., Agenda and Info)

Two that jumped out and caught my attention:

Bill H.2958
An Act relative to the taxpayers’ bill of rights

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 2958) of Bradley H. Jones, Jr., and others relative to limitations on expenditures and revenues.

Bill S.1836
An Act relative to a bifurcated property tax

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1836) of Julian Cyr and Adam J. Scanlon for legislation relative to a bifurcated property tax.

This being the Massachusetts Legislature, which do you think in all likelihood will get the most attention and support?


The Boston Globe reported last Wednesday ("Mass. businesses back financial relief on jobless claims clawbacks"):

Even before COVID-19 triggered a tsunami of layoffs, it was hard to overstate just how frustrated businesses were with the state’s unemployment insurance system.

Massachusetts has among the most generous jobless benefits in the country, and it maintains a low bar for eligibility. Businesses, which fund unemployment payouts through taxes, see the state as an extravagant spender — of their money. They resent that neither the Legislature nor the Baker administration has made overhauling the broken system a priority.

“Employers are frankly pretty fed up with special groups which simply point at the business community and the funding side to seek solvency and higher benefits,” said Jon Hurst, president of the Retailers Association of Massachusetts.

With that as context, consider what I reported on Monday: The Department of Unemployment Assistance paid at least $2.7 billion over the past two years to hundreds of thousands of people who got more money than they were due or who weren’t eligible for compensation when they lost their jobs. The overpayments I focused on were not caused by criminal fraud but human error — by DUA staff or benefit-seekers....

No wonder employers are steaming.

Then on Thursday the Globe followed up with ("State needs to slow down on clawing back unemployment overpayments"):

“We’re listening.”

That’s essentially the message the Baker administration sought to deliver Thursday as it belatedly provided details on efforts to claw back billions of dollars in unemployment payments it later determined shouldn’t have been paid.

In a bid to soften its image as it duns hundreds of thousands of people, the Department of Unemployment Assistance disclosed for the first time that it has dropped nearly $1.2 billion in repayment demands issued since the pandemic triggered a tsunami of layoffs in March 2020. It backed off after claimants provided additional proof they were truly eligible for benefits. The DUA said it has also approved $600 million financial hardship or equity waivers.

But even after those moves, the department has $2.6 billion in “apparent outstanding overpayments,” the first time it has said how much money is currently in dispute. About 85 percent of that amount came from federal pandemic programs, the rest from the state....

Two days later I followed up with an online column asking whether some or all of the overpayments could be repaid with a mix of federal pandemic relief aid and state budget surplus dollars. That was an idea suggested to me, independently, by the leaders of three big employer groups in the state.

Until this point, the DUA had declined to provide any data on overpayments beyond what Rosalin Acosta, secretary of the Executive Office of Labor and Workforce Development, told a legislative hearing last month. Acosta, who oversees DUA, said there were 383,000 claimants with open cases but didn’t provide a total dollar amount the state was trying to reclaim.

Luckily, the DUA sends a lot of data to Washington, which the Labor Department puts into various reports. An employment attorney at Community Legal Aid, which provides free legal help in Western Massachusetts, analyzed those reports. The bottom line: from March 2020 to September 2021, DUA made $2.7 billion in overpayments — excluding any reversals or waivers — with $1.1 billion, or 42 percent, attributed to the state unemployment program, which is funded by employers through taxes....

Nonetheless, the state somehow holds employers responsible for this state fiasco for which employers had nothing to do, and the state wants employers to pay for much of its own malfeasance.  Remember, these employers and businesses were forced by the state to shut down and end their employment, lay off their workers even go out-of-business entirely and permanently.  Meanwhile, the state has collected billions in federal "pandemic relief" Beacon Hill chooses to spend elsewhere on other things.


And if that's not bad enough, now comes giant Mass General Brigham supporting an effort to add a new fee to home sales.  The State House News Service reported on Thursday ("Mass General Brigham Backs Fee To Address Housing Crunch"):

Citing housing affordability hurdles that are compounding workforce challenges, one of the state's largest health care employers is getting behind a proposal to allow cities and towns in Massachusetts to put a new fee on housing transactions.

Mass General Brigham submitted testimony Wednesday to the Joint Committee on Housing in support of bills that would enable municipalities to impose of a fee of between 0.5 and 2 percent of the price of certain housing transactions in order to generate revenue to preserve affordable housing and fund new homes construction. The fee rate, and any exemptions, would be set locally, giving communities flexibility in crafting parameters....

If approved, the transfer fee could be in addition to property tax surcharges imposed in nearly 200 communities that have adopted the Community Preservation Act (CPA), a law approved in 2000 that permits a local charge of up to 3 percent to pay for open space protection, historic preservation, affordable housing and outdoor recreation. More than 8,700 affordable housing units have been created and 14,700 more units supported with CPA funds....

"Health and housing are inextricably linked, and research has demonstrated the connection between housing stability and health outcomes. The lack of affordable housing, and other social determinants of health, plague many neighborhoods disproportionately - particularly communities of color - leading to alarming health disparities," Taveras wrote in testimony to the committee, a copy of which was obtained by the News Service....

Real estate industry officials over the years have successfully bottled up proposals to impose new fees on property transactions, arguing against the idea of making housing costs higher in order to address a problem that is a statewide issue and the focus of numerous, longstanding government-sponsored housing programs.

Like vampires these bad ideas never die, await the darkness of night to resurrect themselves and come to suck our blood.  This one has been languishing in its crypt since at least 2019 when CLT last testified against it:

Testimony for the Joint Committee on Revenue
September 10, 2019
CLT Supports Estate Tax Revision;
Opposes “Bifurcated” Property Tax

. . . Citizens for Limited Taxation opposes one dangerous bill before the committee today, sponsored by Sen. Julian Cyr and Rep. Dylan Fernandes.  S.1634 ("An Act relative to a bifurcated property tax") would radically transform the municipal property tax into a progressive tax with different tax rates dependent on some criteria not defined in their bill.  CLT strongly opposes the inevitable rancor and division this would engender while pitting neighbor against neighbor over different property tax rates.  Citizens for Limited Taxation will always oppose anything that erodes or distorts the intent of our Proposition 2½, as S.1634 would surely do.

It is also noteworthy that should S.1634 ever pass it will be challenged in court as presumably violating the Massachusetts Constitution, Article XLIV: ". . . Such tax may be at different rates upon income derived from different classes of property, but shall be levied at a uniform rate throughout the commonwealth upon incomes derived from the same class of property. . . ."

We hope S.1634 will be rejected by this committee.

If the Mass General Brigham hospital system feels so strongly then the massive "non-profit" hospital conglomerate has the means to begin alleviating the problem immediately.  How much will MGB pony up to spare a heavier burden on taxpayers and to ameliorate their anxieties and depression — in the name of those taxpayers' health?

Chip Ford
Executive Director


Full News Reports
(excerpted above)

Pioneer Institute
January 18, 2022
Study: Tax Up For A Vote In November Would Ensnare
Over Three Times More Taxpayers Than Previously Estimated

Surtax mainly impacts households and businesses whose income exceeds $1 million due to one-time business events, sales of long-held property and retirement

Analyses from the Massachusetts Department of Revenue (MADOR, 2016) and Tufts University’s Center for State Policy Analysis (2022) dramatically underestimated the number of households and businesses impacted by the constitutionally-imposed tax hike that the legislature is putting before voters in November 2022, according to a new study from Pioneer Institute.

A question scheduled to appear on the Massachusetts ballot next November would amend the state constitution and place a four-percent surtax on households and thousands of Massachusetts businesses that in any one year have income exceeding $1 million. In studying the effect of the proposed tax, MADOR found that 19,565 households and businesses would be impacted in the single year the tax took effect. The Tufts’ analysis estimates 26,000 would be affected in 2023.

MADOR and Tufts’ analyses focus on the impact in a single year and are therefore premised on a fundamental misunderstanding of the households and businesses affected by the tax. Those affected by the tax are primarily retirees and small businesses who have a one-time taxable event, often the sale of an asset—a home that will serve as a retirement nest-egg, a business location or subsidiary, a patent, or similar. The great majority are not “millionaires.”

A new Pioneer Institute study finds that the proposed tax would impact multiples of that amount over a nine-year period, since the majority of “millionaires” only earn $1 million once during that time.

“More than three times the number of unique individual Massachusetts taxpayers—mainly retirees and individuals who have a business pass-through—would be affected by the proposed surtax over nine years than found in these estimates,” said Greg Sullivan, author of “The Great Understatement: Far more taxpayers and businesses than previously estimated will be affected by the proposed surtax.” “The longitudinal data makes clear that a one-year analysis gives short shrift to the number of businesses and households who will be affected by this tax proposal.”

According to a 2010 Tax Foundation report, more than half the U.S. taxpayers who reported gross annual incomes of $1 million or more in any year from 1999 to 2007 did so only once during the period. Only 5.6 percent reported million-dollar incomes in each of the nine years and less than 20 percent earned $1 million or more in four or more of the years.

If the same persistence rate is applied to Massachusetts, the surtax would affect 64,843 state taxpayers – not 19,565 – over nine years. Of those, 32,470 would earn over $1 million just once in nine years. Only 3,650 would be expected to have income over $1 million each year during that period.

Because the tax proposal affects capital gains, it could sweep into thousands of retirees selling longtime homes and long-held assets.

The surtax would also impact Massachusetts businesses, since “pass throughs” such as sole proprietorships, partnerships, limited liability and S corporations are taxed via individual returns. Based on 2018 IRS data, there are over 13,000 Massachusetts businesses that had adjusted gross incomes of $1 million or more. It is not unreasonable to expect a similar multiplier effect for the number of businesses affected, but the precise impact will require more data from MADOR.

“Proponents like to call this a “millionaires tax” but at best 1 in 5 of the people affected are millionaires,” said Pioneer Executive Director Jim Stergios. “The great majority are retirees and small businesses, who aren’t millionaires hiding away in a mythical castle with a moat around it. That’s what proponents want you to believe – but the facts on this are very clear.”


State House News Service
Thursday, January 20, 2021
Small Biz Owners Fear Income Surtax Will Dent Nest Eggs
Boatyard Owner Calls Tax "Slap In The Face"
By Colin A. Young

A handful of business owners from various sectors and from around Massachusetts came together Thursday to call attention to how the proposed surtax on income over $1 million would affect them and to push back against the notion of the proposal is something that would affect only the super-wealthy.

"The way this tax is portrayed in the media, it's like all these rich people with boats and million-dollar houses and are just having gobs and gobs of money to throw around. But small businesses aren't like that," Ann Sullivan, who owns Metro Equipment Corporation in Braintree, said. "This is our nest egg. This is what I'm going to retire on and now I may have to postpone my retirement because of this. So for me, it's really it's affecting my day to day my life, my choices, and also the choices of my employees."

Sullivan was one of six business owners convened by the Massachusetts Fiscal Alliance and the Massachusetts chapter of the National Federation of Independent Business, two organizations that have worked to rally opposition to a proposal that supporters call the millionaire's tax.

The House and Senate jointly voted 159-41 last June to let voters decide on the 2022 statewide ballot whether to pass a constitutional amendment imposing a new 4 percent surtax on annual household income over $1 million.

If the surtax is approved by voters, the first $1 million of household income would still be taxed at the current 5 percent income tax rate and all household income above and beyond that first $1 million would be taxed at an effective rate of 9 percent.

The proposal would not just affect individuals. Sen. Patrick O'Connor estimated in 2019 that it could also apply to about 15,000 Massachusetts small businesses that file as pass-through entities for tax purposes, and it would also be charged on business owners who plan to sell their company to support their own retirement.

"The proposal to raise the income taxes is a slap in the face to small business. First in that it's an extra tax on profits for a subchapter S corporation as most small businesses are and, second of all, if my family ever decides to sell this boatyard having put our life into it, we will be paying an extra 4 percent that will reduce our retirement income," Toby Burr, owner of Burr Brothers Boats in Marion, said. "So I don't think people realize the extent to which this tax is a penalty to small business."

Rep. Jim O'Day, the House sponsor of the proposed Constitutional amendment, last June rejected opponents' claims that the surtax would unduly harm small businesses in the Bay State by asserting that "businesses earning over a million dollars, in my estimation, are not small businesses."

NFIB State Director Christopher Carlozzi said every business on the call Thursday morning would be categorized as a small business and said O'Day's comment "shows a lack of understanding as to how small businesses operate in this state."

"They're not walking away with a million dollars in their pocket every year. It's the way their business is organized for tax purposes and, as we've said, that's money that's reinvested into job creation and really reinvesting into Massachusetts," he said. "So it's very short-sighted to make a comment like that when I'm sure the representative has a lot of business owners in his district that would be very much impacted by this."

Democrats on Beacon Hill have been pursuing the tax policy change for years and supporters say the surtax could generate significant annual revenue earmarked for education and transportation, without dipping into the pockets of most residents. But critics have long said it could prompt wealthy residents to move out of the Bay State and encourage employers to steer clear of Massachusetts.

Mass. Fiscal held a similar press conference a week ago, that one specifically to challenge the notion that the new surtax revenue would be spent only on transportation and education. And the latest estimate of the surtax's potential showed that it may not generate quite as much money as previously thought.

A study released earlier this month from the Center for State Policy Analysis at Tufts University showed the amendment would generate about $1.3 billion in revenue for the state. It estimated that the proposed new surtax would be levied on about 21,000 state taxpayers, or less than 1 percent of all households in the state, who earn about 22 percent of all taxable income in Massachusetts.

The $700 million difference between the previous $2 billion estimate and the new Center for State Policy Analysis projection is partly explained by the expectation that some high-earning people will leave Massachusetts or use "tax avoidance" strategies to lower their tax burdens.

Still, the idea appears popular with voters across Massachusetts more than nine months before they will be asked to cast a vote on the proposal in November.

A new poll released by the MassINC Polling Group this month showed that 70 percent of registered voters support the effort to amend the Constitution to add the surtax on households that earn more than $1 million a year.


State House News Service
Thursday, January 20, 2021
Healey Takes Record As AG Into Guv’s Race
Boston Dem Wants State On "Bigger and Better" Path Forward
By Matt Murphy


A new chapter in the race for governor began Thursday with Attorney General Maura Healey launching her campaign under dark, wintry skies, entering a race in which she will instantly be considered the front-runner to succeed Gov. Charlie Baker and win back the corner office for Democrats.

Healey, 50, catapulted onto the state's political scene in 2014 when, as an underdog, she won her first campaign for political office to become the state's top law enforcement officer. Since then, she has taken on President Donald Trump in court and challenged major corporations like Exxon Mobil and Purdue Pharma.

Now she must prove to voters that she has the skills and vision for a broader role overseeing all of state government as Massachusetts looks to rebound from a deadly pandemic that has altered everything from commerce to education.

"I recognize that some people know me because I've been attorney general for a few years now. I also recognize that in a state of 7 million people a lot of people don't know me. So we're just at the beginning now," Healey said, making her first campaign stop at a T station in Maverick Square in East Boston.

Healey got her campaign started under a light drizzle, pledging to make an economic recovery from the COVID-19 pandemic "job one." Though she offered few specifics of what she might look to do, Healey identified the cost of living in Massachusetts as one of the biggest issues that needs addressing, from the prices of housing, child care and and health care to gasoline.

"I understand people are tired right now. I understand that people wonder if we're ever going to get through this and out of this. And I'm just here to say we are, and we will and we will move forward in ways that are bigger and better than ever imagined," Healey told reporters.

The Boston Democrat officially ended months of speculation with the release of a video early Thursday morning announcing her candidacy for governor. She joins a Democratic field that already includes two women of color - state Sen. Sonia Chang-Diaz and Harvard political scientist Danielle Allen.

Healey's position as the only statewide elected official in the race for governor affords her several early advantages in the Democratic primary, including broader name recognition and a campaign account flush with nearly $3.7 million in cash on hand. She would also be the first woman and first openly gay person elected governor in Massachusetts history.

Her opponents, however, quickly tried to frame her as the establishment candidate as they call for sweeping change across state government, including things like fare-free public transit.

"In this time of crisis, we need a robust conversation about how our government serves working families and meets our biggest challenges. Maura and I have differing records when it comes to priorities and governing, and I look forward to her joining the ongoing conversation we're having with voters across Massachusetts," Chang-Diaz said in a statement Wednesday evening.

Allen also responded by pointing to her own work on the campaign trail and saying Massachusetts needs "a choice between a perspective ready to meet the moment and business as usual."

"This election is about the urgent challenges we're facing — from the pandemic, to the climate crisis, to racial injustice, to the strains on our democracy," Allen said. "Every single day, in every community in Massachusetts, people are struggling with the impacts of these challenges. So status quo is not an option. We need a fresh perspective that can see beyond the politics and start bringing us together to build solutions."

Healey said she would leave it to others to decide if she was sufficiently progressive, or had the vision to lead Massachusetts forward.

"I guess I'd say look at my record. I think that's what people have to do. They have to hear my words. They have to look at what I've done. They have to look at what I say that I would do. And I'll let that, in some ways, speak for itself," Healey said.

A MassINC poll released earlier this month found that 33 percent of registered voters had a favorable opinion of Healey, compared to 17 percent with a negative view of her, while 26 percent were undecided and 22 percent had never heard of her.

Healey made her first campaign stop at Maverick Square T station where she greeted voters, introducing herself behind a black face mask. She was joined by Rep. Adrian Madaro and Senator-elect Lydia Edwards, neither of whom have formally endorsed her campaign but were there to welcome her to their home of East Boston.

"I think there will be a time and a place for an endorsement. For now I'm just excited by her announcement and to have her here in East Boston," Madaro said.

Healey endorsed Edwards in the special election she won in January, but Edwards said she was focused right now on getting started in the Senate and preparing for her own reelection campaign, and called it "presumptuous" that she would get involved in statewide politics at this stage in the race.

With Baker opting against seeking a third term, Democrats have grown increasingly optimistic about their chances in November. Healey declined to say whether she would be running for governor if Baker had opted to seek another term, describing that as "so rear view right now."

"I'll tell you I'm here today and I'm psyched about it," Healey said.

She also declined an opportunity to criticize Baker's management of the COVID-19 pandemic.

"I think that there are any number of ways for people to second guess decisions made by governors, mayors from this time. I will say what I think should continue to guide us is science," Healey said.

Asked whether schools should be allowed to return to remote learning during this COVID-19 surge, Healey said "flexibility" was important as COVID-19 conditions change, but did not call for such a step to be taken.

"I think we've got to continue to be guided by what's happening in terms of rate of infection," she said.

Baker would not say what he thought of Healey as a candidate for the job he has held the past seven years, but in general he said he thinks voters are looking for someone "authentic," and his advice to all candidates would be, "Just be yourself."

"I think what voters want most of all are people who will focus on the work and not the noise," Baker said.

On the Republican side of the race, former state Rep. Geoff Diehl is the only candidate running. Diehl linked the timing of Healey's campaign launch to Thursday's one-year anniversary of President Joe Biden taking office, blaming Democrats in Washington for inflation, business closures and the struggles of schools to educate all children.

"Maura Healey's announcement signals the start of a race by Democratic candidates to double down on these failed policies right here in Massachusetts," Diehl said. "Whomever emerges from the trio of radical progressives, the choice will be clear and easy for Massachusetts: live under government control of every aspect of your life, or live in a state where you're free to choose a school, a career and a life of self-direction and unlimited opportunity."

Baker has barely commented on Diehl's candidacy, but the moderate Republican has feuded with the conservative GOP base that the Whitman Republican represents. The governor said he's aware of other Republicans considering running, but called it a "personal decision" they will have to make for themselves, and not something he was focused on.

Prior to becoming attorney general, Healey worked on civil rights cases in the office and helped successfully challenge the Defense of Marriage Act before the Supreme Court. The Hampton Falls, New Hampshire native graduated from Harvard College, where she captained the women's basketball team, and earned her law degree from Northeastern University after playing basketball professionally in Europe for a few years.

In 2014, Healey decided to run for attorney general and defeated the more well-known Warren Tolman in a hard fought Democratic primary, making her an immediate rising star in the party. That status put her at the top of the list for many Democrats hoping to win the open governor's race this year, and it didn't take long on Thursday for endorsements to start to flow in.

Teamsters Local 25 President Sean O'Brien said Healey had a "long history of working with our union and fighting for our members."

"During these challenging times, Massachusetts needs a strong, tested leader who will put people over politics while also leveraging our competitive advantage to protect and create jobs. Maura is a champion for our members who isn't afraid to fight greedy corporations who refuse to respect workers," O'Brien said in his union's endorsement of the attorney general.

Barbara Lee, founder of the Barbara Lee Political Office, also announced her backing of Healey, calling her a "once-in-a-lifetime candidate" and a "role model for women's leadership."

Lee's organization works to elect progressive women to offices around the country, and its endorsement of Healey stands out in a field currently compromised of three Democratic women.

"Maura Healey is visionary and fearless on behalf of the people of Massachusetts and the country. She has the qualifications, track record, and commitment to public service to be an extraordinary governor," Lee said.


The Boston Globe
Thursday, January 20, 2022
Maura Healey launches campaign for governor,
promising to ‘continue with what’s working and fix what’s not’
By Emma Platoff and Matt Stout

Massachusetts Attorney General Maura Healey, who made herself a nationally known figure with lawsuits against the Trump administration and big corporations, formally launched her campaign for governor on Thursday, immediately becoming the race’s presumptive frontrunner.

In her first public remarks as a gubernatorial candidate, the second-term Democrat pitched herself as an experienced public servant prepared to grow her purview from legal issues to kitchen-table ones, and get the Massachusetts economy “back on track.” And though she has built a reputation as a progressive, Healey resisted such labels on Thursday, instead striking a moderate tone that avoided calls for sweeping change.

“If something’s working, then let’s keep with it. And if it’s not working, let’s figure out what we need to do,” Healey, 50, said to a small crowd of media and supporters outside an East Boston MBTA station on a cold, wet morning. The South End Democrat described that approach as her “general governing philosophy” and stressed the need to target specific problems, such as the cost of living and high-priced childcare.

“It’s a moment of possibility. It’s a moment of opportunity as well,” Healey said. “And I think that I’m the person that brings the right kind of skills, the right kind of perspectives, the right kind of know-how to move us forward.”

Analysts say Healey’s $3.7 million war chest and higher name recognition make her the candidate to beat. With the state’s top two Republicans, Governor Charlie Baker and Lieutenant Governor Karyn Polito, out of this year’s race, Democrats are bullish on their chances to win back the office — and many believe Healey has a good shot at doing it.

“An A-lister has entered the race,” Erin O’Brien, a political science professor at the University of Massachusetts Boston. “She comes in with money, she comes in with name recognition in the country, she comes in with bona fides in terms of pushing back on Trumpism. And the other candidates just can’t boast that.”

There are three other major candidates in the race: state Senator Sonia Chang-Díaz and Harvard professor Danielle Allen, both Democrats, and Republican Geoff Diehl, a former state representative who lost a US Senate bid in 2018.

Any of the three Democrats would make history as the first woman elected Massachusetts governor; Chang-Dίaz, who is Latina, and Allen, who is Black, would each be the first woman of color to hold the position. Healey was the nation’s first openly gay state attorney general, and if she wins, she would be the first openly gay person elected Massachusetts governor. Just two openly LGBTQ people have been elected governor in the United States.

Healey’s entrance could discourage other hopefuls from entering the field, though the contours of the race remain uncertain. US Labor Secretary Martin J. Walsh has been encouraged to consider running, according to people close to the former Boston mayor, though Walsh has been considered unlikely to mount a campaign if Healey was in the race.

The thrust of Healey’s remarks on Thursday — that the state should target glaring issues while leaving much intact — immediately set her apart from her two Democratic rivals, who have cast this year’s governor’s race as an opportunity to transform the status quo. Healey’s narrower approach may prove popular with Massachusetts voters; in polling over the years, majorities of residents have consistently said they believe the state is headed in the right direction. Massachusetts is consistently at or near the top of national rankings for public education and access to health insurance, but it is also one of the most unequal states in the country.

In Healey’s first hours as a candidate, she sidestepped a reporter’s question about whether she considers herself an “uber-progressive” Democrat, saying she’d leave it to “others to characterize my record.”

And unlike the other two Democrats, who have woven criticism of Baker into their campaigns, Healey avoided any direct critiques of the incumbent, who is not seeking reelection this year.

“There are any number of ways for people to second-guess decisions made by governors [or] mayors during this time,” Healey said in response to a question about how her approach to the pandemic would differ from Baker’s. “What I think should continue to guide us is science.”

For his part, Baker didn’t wade into the contest, telling reporters at the State House on Thursday, “I’m not much of a prognosticator, I never have been.”

“I think what voters want most of all are people who will focus on the work and not the noise,” he added.

Healey offered few policy specifics or stances in her nascent campaign, instead naming climate change and job training as top priorities, as well as the need to “modernize our schools.” Asked whether schools should be required to offer in-person instruction amid a surge in COVID-19 cases and mounting teacher and student absences, Healey said the state needs “flexibility” in allowing remote learning but did not directly call for it.

As she develops and pitches her policy platform, Healey will have to persuade voters that her tenure as the state’s lawyer has prepared her for the broad range of issues governors must confront.

Her early focus stands in stark contrast to message of her progressive opponents, who have called for “transformation” since entering the race last year.

Chang-Díaz, for example, wants to make public transit fare-free; Allen said she wants to eliminate fares for low-income workers.

Chang-Díaz has embraced a “Green New Deal” for Massachusetts that includes stopping the construction of new fossil fuel infrastructure as part of a climate plan. Allen has pitched a “Democracy agenda” to make the governor’s office subject to public records law — it currently considers itself exempt — and Massachusetts the first state to “undo the impact of Citizens United,” the 2010 Supreme Court ruling that allowed corporations and unions to spend unlimited amounts of money to influence elections.

Some analysts said Healey is wise to center her campaign on economic issues.

Doug Rubin, a veteran Democratic strategist who is not involved with any of the gubernatorial campaigns, said inflation, COVID-19, and the inequity the pandemic has exacerbated has pushed economic concerns to the “front and center in a lot of voters’ minds.”

”The candidates that don’t address that up front, it’s going to look like they’re out of touch,” Rubin said. “Maura, to her credit, has addressed that right up front.”

Healey’s campaign began to build rapid momentum in the hours after her pre-dawn announcement, raising $100,000 in the first six hours alone, an aide said. And she earned early endorsements from Teamsters Local 25, the Democratic Attorneys General Association, and Barbara Lee, who heads a political operation and research foundation that advocate for women’s equality in American politics.

Her rivals were even quicker to put out statements pitching themselves as superior options.

“I’m in this race — and I’ve been in it for a year — to make sure Massachusetts has a real choice,” Allen said on Wednesday. “A choice between a perspective ready to meet the moment and business as usual. And a choice between the narrow solutions our politics have been offering us, or a chance to reimagine the possible.”

Chang-Dίaz, who launched her campaign last June, framed the race on Thursday as one of “different styles, different priorities, and different records.”

“I think there are some clear differentiators up front about [having] the willingness to take on tough fights, even when they’re hard and they’re inconvenient,” said Chang-Dίaz, a Jamaica Plain Democrat and veteran progressive lawmaker.

Diehl, a conservative Republican who is running, called Healey and the other two major candidates a “trio of radical progressives” and said the choice for Massachusetts voters should be clear: “Live under government control of every aspect of your life, or live in a state where you’re free to choose a school, a career and a life of self-direction and unlimited opportunity.”

Healey grew up in the small town of Hampton Falls, N.H., one of five children with a single mother. Standing just 5-foot-4, Healey captained Harvard’s varsity women’s basketball team, and played the sport professionally in Europe for two years, experiences she said taught her the importance of teamwork.

A graduate of Harvard College and Northeastern University School of Law, Healey worked in the attorney general’s office for seven years before successfully campaigning to lead it. Her tenure included leading the agency’s bureaus of Public Protection and Business and Labor. She also worked as chief of the civil rights division, and led Massachusetts’ fight against the federal Defense of Marriage Act, which defined marriage as a union between one man and one woman.

In her two terms as attorney general, Healey has used a role sometimes seen as merely functionary to vault onto the national stage. Along with Democratic attorneys general in other states, she was involved in dozens of legal actions against the Trump administration, battling over environmental regulations, protections for student borrowers, and deportations for so-called DACA dreamers. She has also targeted corporate giants including ExxonMobil and Purdue Pharma.

Healey enters the race with major advantages, not least of which is her cash stockpile. But she also faces a perennial challenge: Attorneys general who run for governor have often struggled in this state. Analysts say the position is a difficult vantage from which to run given the somewhat limited role attorneys general play in many policy areas, and the potential drawbacks of being seen as the state’s “top cop.”

Healey’s decision also opens up the race for attorney general, a contest that has already drawn a number of Democratic contenders.


The Boston Globe
Wednesday, January 19, 2022
Mass. businesses back financial relief on jobless claims clawbacks
Employers urge compromise on $2.7 billion in overpayment to hundreds of thousands of laid-off workers.
By Larry Edelman, Globe Columnist


Even before COVID-19 triggered a tsunami of layoffs, it was hard to overstate just how frustrated businesses were with the state’s unemployment insurance system.

Massachusetts has among the most generous jobless benefits in the country, and it maintains a low bar for eligibility. Businesses, which fund unemployment payouts through taxes, see the state as an extravagant spender — of their money. They resent that neither the Legislature nor the Baker administration has made overhauling the broken system a priority.

“Employers are frankly pretty fed up with special groups which simply point at the business community and the funding side to seek solvency and higher benefits,” said Jon Hurst, president of the Retailers Association of Massachusetts.

With that as context, consider what I reported on Monday: The Department of Unemployment Assistance paid at least $2.7 billion over the past two years to hundreds of thousands of people who got more money than they were due or who weren’t eligible for compensation when they lost their jobs. The overpayments I focused on were not caused by criminal fraud but human error — by DUA staff or benefit-seekers.

It’s no surprise that employers don’t want to get stuck paying for the DUA’s mistakes. But the business groups I reached out to also recognize that the state is putting a significant swath of unemployment recipients in a tough spot: forcing them to repay benefits they applied for in good faith, and probably have already spent.

“We need an approach that is both fair and preserves the integrity of the system,” Jim Rooney, chief executive officer of the Greater Boston Chamber of Commerce, said in an e-mail.

Right answer.

The state has the authority to claw back overpayments. And we can’t let people who lied on their claim forms off the hook. But these aren’t normal times. There needs to be some accommodation for honest folks caught in the quagmire that is the overwhelmed and overly bureaucratic DUA.

A logical approach, according to Rooney and others, would be to tap a combination of leftover federal pandemic relief money and the state’s budget surplus to waive some or all of the overpayments. The Massachusetts unemployment insurance trust fund is already slated to get $500 million from those two pots of money to help build back from a negative balance caused by the crush of all COVID-related claims.

“Massachusetts employers and employees acted in good faith during 2020 and 2021 to navigate the unemployment insurance system during a uniquely chaotic phase of the COVID-19 pandemic,” said Brooke Thomson, executive vice president of government affairs at Associated Industries of Massachusetts. “Neither group should now bear the brunt of shouldering [the] overpayments.”

I know. It’s a lot of money for the state to forgo: About $1.1 billion of the $2.7 billion in nonfraud-related overpayments made by the DUA from the start of 2020 through the end of September 2021 was pegged to the unemployment trust fund.

The remaining $1.6 billion came out of federally funded programs created by the Cares Act of 2020.

But there are couple of reasons not to go after nonfraud overpayments.

First, between the state and federal programs, there are 383,000 claimants with open cases, Rosalin Acosta, secretary of the Executive Office of Labor and Workforce Development, said a legislative hearing last month. That’s a lot of people to track down and make pay up.

“How much will it cost, especially when there will be legal proceedings involved?” said the Boston Chamber’s Rooney, as he wondered just what kind of return on investment the clawback effort would yield, especially from smaller claims.

Second, clawbacks take money that would otherwise be largely spent in the local economy, putting it back in the trust fund or sending it to the US Treasury.

“It’s bad for people and bad for businesses,” said state Senator Patricia Jehlen, a Democrat from Somerville who is co-chair of the Joint Committee on Labor and Workforce Development.

And third, penalizing unemployment recipients for the DUA’s errors just doesn’t seem fair. It often took months for the department to notify these folks, many of whom were relying on jobless benefits to cover necessities like food, housing, and utilities.

Jehlen agrees, but she’s hesitant to endorse a waiver or other ways to ease the burden on people until she has more information.

That isn’t easy when dealing with the sclerotic DUA, which is notorious for withholding information.

“We need an accounting,” Jehlen said.

True that, senator.

But we also need to upgrade our outmoded and expensive unemployment system.

Funding and benefits need to be reassessed against the burden on employers. Workers should have to contribute to the insurance fund. The state has to modernize its technology.

All this is being looked at in one way or another, but there doesn’t seem to be any sense of urgency in the Legislature or the Baker administration.

No wonder employers are steaming.


The Boston Globe
Thursday, January 20, 2022
State needs to slow down on clawing back unemployment overpayments
By Larry Edelman, Globe Columnist


“We’re listening.”

That’s essentially the message the Baker administration sought to deliver Thursday as it belatedly provided details on efforts to claw back billions of dollars in unemployment payments it later determined shouldn’t have been paid.

In a bid to soften its image as it duns hundreds of thousands of people, the Department of Unemployment Assistance disclosed for the first time that it has dropped nearly $1.2 billion in repayment demands issued since the pandemic triggered a tsunami of layoffs in March 2020. It backed off after claimants provided additional proof they were truly eligible for benefits. The DUA said it has also approved $600 million financial hardship or equity waivers.

But even after those moves, the department has $2.6 billion in “apparent outstanding overpayments,” the first time it has said how much money is currently in dispute. About 85 percent of that amount came from federal pandemic programs, the rest from the state.

More on that split momentarily. But first some background for those of you who feel like you’ve walked into a movie 20 minutes late.

On Monday I reported on the clawbacks and said there must be a way to lessen the burden on all the folks who applied for jobless benefits in good faith. I noted that while overpayments were routine before the pandemic, the dollars involved today are much larger. That’s because the DUA took a long time to catch up with its mistakes and because benefit amounts were boosted by pandemic payments from Washington.

Two days later I followed up with an online column asking whether some or all of the overpayments could be repaid with a mix of federal pandemic relief aid and state budget surplus dollars. That was an idea suggested to me, independently, by the leaders of three big employer groups in the state.

Until this point, the DUA had declined to provide any data on overpayments beyond what Rosalin Acosta, secretary of the Executive Office of Labor and Workforce Development, told a legislative hearing last month. Acosta, who oversees DUA, said there were 383,000 claimants with open cases but didn’t provide a total dollar amount the state was trying to reclaim.

Luckily, the DUA sends a lot of data to Washington, which the Labor Department puts into various reports. An employment attorney at Community Legal Aid, which provides free legal help in Western Massachusetts, analyzed those reports. The bottom line: from March 2020 to September 2021, DUA made $2.7 billion in overpayments — excluding any reversals or waivers — with $1.1 billion, or 42 percent, attributed to the state unemployment program, which is funded by employers through taxes.

Yes, that’s not exactly what the DUA is saying now. But that’s because the Labor Department presents the numbers differently from the state. It’s apples and oranges. At least that’s the state’s explanation, and it says it wasn’t aware of the discrepancy until this week.

Either way, it’s a lot of money. And the big question is whether it makes sense for the state to cut a break for anyone who wasn’t at fault for the overpayments — even if the DUA is entitled to get it back.

My colleague Shirley Leung talked with state Auditor Suzanne Bump, who said she doesn’t think the state should forgive the debt and move on.

”Program integrity is essential for government trust,” she said. “Overall the program of clawing back is appropriate and required under the law.”

But the situation is a mess.

The number of open overpayments is huge. Clawbacks take money that would otherwise be largely spent in the local economy, putting it back in the trust fund or sending it to the US Treasury.

And penalizing unemployment recipients for the DUA’s errors just doesn’t seem fair. It often took months for the department to notify these folks, many of whom were relying on jobless benefits to cover necessities like food, housing, and utilities.

For its part, the DUA “has a robust process in place to work with claimants to resolve apparent and actual overpayments,” according to a spokesperson. And the department plans an outreach campaign, including a new waiver request Web page and a letter to all claimants with an overpayment to promote the option to seek a waiver.

Still, hitting the pause button to sort everything out seems like the right thing to do even if, as Bump said, the US Office of Inspector General is pushing Massachusetts and other states to recover the overpaid federal claims.

“I would absolutely support a freeze,” Senator James Eldridge, cochair of the Senate Post Audit and Oversight Committee, told me on Thursday.

It’s time for the Legislature and the Baker administration to take action.


State House News Service
Friday, January 21, 2022
Weekly Roundup - Musical Chairs
Recap and analysis of the week in state government
By Matt Murphy


The names stretch out behind her, well-known in state political lore, like ghosts of elections past: Quinn, Harshbarger, Reilly, Coakley. They were all incumbent attorneys general who endeavored to become governor, only to fall short.

But Maura Healey's not thinking about the past.

"Probably the shortest that's ever run," Healey said Thursday when asked why her bid for the top job in state government might be different from those of her predecessors.

The 5-foot-4-inch former point guard launched her campaign for governor this week, and for the first time in the year since the first Democrat entered the 2022 gubernatorial race it finally felt like the campaign had begun. Game on.

Healey put one question behind her hours after making her campaign official. She was willing to shake hands in the cold, dropping by East Boston's Maverick Square to meet the press and greet commuters under a winter drizzle. She opened her campaign with a hopeful economic message, promising to tackle cost-of-living issues that have long dogged Massachusetts, but have only become worse during the COVID-19 pandemic: housing, health care and child care.

"I understand people are tired right now. I understand that people wonder if we're ever going to get through this and out of this. And I'm just here to say we are, and we will and we will move forward in ways that are bigger and better than ever imagined," Healey said.

It's been written many times over the past few days that Healey enters the race as the prohibitive favorite. But just ask Tom Reilly how quickly that title can be snatched away. Sen. Sonia Chang-Diaz and Danielle Allen both showed by their welcoming of Healey that neither are prepared to lay down, passively tagging the prosecutor with the establishment label they are looking to rip off of state government.

For now, Healey is riding the wave. Her campaign pulled in $207,376 in donations in the 24 hours after her launch video went live, a one-day sum equal to half of the personal record she set in December when she collected over $400,000 from donors eager to give her encouragement. Turns out running can be as lucrative as the tease.

Gov. Charlie Baker flew above the political fray this week, sticking with the focused-on-the-work message that he chose last month when he decided to watch campaign 2022 unfold from the sidelines.

The governor rolled out new COVID-19 testing strategies for schools and early education centers, deploying some of the 26 million rapid antigen tests his administration purchased from iHealth to keep classrooms open, and shifting some of the testing responsibilities to students and parents.

First, Baker said K-12 schools that wanted to could end their test-and-stay programs and begin to receive rapid tests for students and staff to take home weekly as part of a new virus surveillance program. Meanwhile, testing supplies to extend "test-and-stay" to center-based and family day care centers will start to ship by the end of the month in an effort to keep day cares open for children and working parents who rely on them.

Instead of shuttering classrooms when a COVID-19 case arises, Baker said, day care centers could test children and staff daily who are close contacts and allow them to stay in the classroom.

The Legislature also had school safety on their minds as leaders put together a $55 million package to expand testing capacity and distribute personal protective equipment. The bill that unanimously cleared the House contained $30 million to set up and expand COVID-19 testing sites and boost childhood vaccination rates, and another $25 million to purchase and distribute masks in public schools.

The Senate is expected to take up the COVID-19 response bill next week, according to Senate Ways and Means Chairman Michael Rodrigues, and when it does it will have a new member.

Sen. Lydia Edwards, an East Boston Democrat, took her oath of office Thursday to join the Senate as "lucky number 13," raising the number of women in the body to a baker's dozen.

While the Senate was restored to full strength, the exodus from the House picked up steam, with news about five women who are moving on. Claire Cronin gave her farewell speech to colleagues after being sworn in as President Joe Biden's ambassador to Ireland, while Rep. Lori Ehrlich got tapped to lead the New England office of the Federal Emergency Management Agency.

Rep. Maria Robinson had her confirmation hearing to join the U.S. Department of Energy scheduled before a Senate committee for Feb. 3, Rep. Sheila Harrington was tapped by Baker for the clerk magistrate job in Gardner District Court, and Methuen Rep. Linda Dean Campbell announced her plans to retire at the end of the term to spend more time with her family.

House Speaker Ron Mariano must now decide whether it makes sense to schedule special elections to replace some of these departing members or leave them empty until next year. If history is any guide, resignations that occur early in an election year often lead to extended vacancies.

When former Rep. Vincent Pedone resigned in 2012 in mid-January, then-Speaker Robert DeLeo opted against calling for a special election out of concern that the timing could cause confusion for voters with candidates simultaneously running for election, and gathering signatures to qualify for the November ballot as well. In Cronin's case, redistricting is an additional complicating factor with her district set to be merged with Rep. Gerard Cassidy's for the fall elections.

Healey's leap into the governor's race shifted the focus of the will-they-won't-they guessing game to the office she's giving up, and the Democrats are swarming.

Shannon Liss-Riordan and Quentin Palfrey, past contenders for statewide office, took steps to prepare for campaigns even before Healey made her intentions clear. And Andrea Campbell, the former Boston city councilor fresh off a 2021 run for mayor, and New Bedford Mayor Jon Mitchell are also said to be mulling a bid to be the state's top law enforcement officer.

Middlesex DA Marian Ryan has not ruled out a run for attorney general and why would she? The three AGs before Healey -- Harshbarger, Reilly and Coakley -- each made the jump from Middlesex DA to attorney general.

Treasurer Deborah Goldberg and Secretary of State William Galvin are now the only two constitutional officers to have not explicitly announced their 2022 plans. Whether Galvin runs or not, Democrat Tanisha Sullivan, president of the Boston branch of the NAACP, plans to make the case to voters that she should oversee elections, corporations and securities and public records in Massachusetts.

STORY OF THE WEEK: After years of talk and hypotheticals -- and with the popular Republican governor on the sidelines -- Healey starts her drive to the gubernatorial basket.

Colin A. Young contributed to this report.


State House News Service
Friday, January 21, 2022
Advances - Week of Jan. 23, 2022


Gov. Charlie Baker in July signed a $47.6 billion annual state budget, put his name on a $4 billion COVID-19 relief bill in December, and on Wednesday launches the fiscal 2023 budget debate. It's the governor's final budget proposal and the first one he will issue under his new lame duck status.

Baker on Tuesday night will deliver his last State of the State address, remarks that will also be consumed through the lens of the evolving race among candidates to succeed him. A new governor will be in place at this time next year, preparing their first budget and inheriting management of the spending bill Beacon Hill is about to assemble.

With state tax collections consistently smashing projections, Baker's team and Democratic legislative leaders have agreed on a projected 2.7 percent increase in tax receipts for the coming fiscal year, but that increase is based on a fiscal 2022 estimate that the administration this month ratcheted upwards by $1.5 billion. Compared to the original estimate for the current fiscal year ($30.12 billion), the forecast for fiscal 2023 ($36.915 billion) would represent growth of more than 22 percent, so there's no revenue crunch at the moment and the extent of state revenue-sharing with local government could emerge as a topic of debate in the coming months.

With infections still at elevated levels, the Senate on Wednesday plans to advance the $55 million bill (H 4345) the House approved this week to invest in masks, COVID-19 testing and youth vaccinations. Branch leaders agree on the broad contours of the bill and want to get it to Baker's desk quickly, with the biggest question being whether they'll get hung up on differences over amendments.

Late Friday, House leaders signaled plans to circle back to voting law reforms that have expired, with a formal session set for Thursday to take up reform legislation (S.2554) that cleared the Senate 36-3 last October.


State House News Service
Thursday, January 20, 2022
Mass General Brigham Backs Fee To Address Housing Crunch
Transfer Tax Bills Haven't Caught On At State House
By Michael P. Norton


Citing housing affordability hurdles that are compounding workforce challenges, one of the state's largest health care employers is getting behind a proposal to allow cities and towns in Massachusetts to put a new fee on housing transactions.

Mass General Brigham submitted testimony Wednesday to the Joint Committee on Housing in support of bills that would enable municipalities to impose of a fee of between 0.5 and 2 percent of the price of certain housing transactions in order to generate revenue to preserve affordable housing and fund new homes construction. The fee rate, and any exemptions, would be set locally, giving communities flexibility in crafting parameters.

As proposed, the bills (H 1377 and S 868) call for the new fees to be applied only on transactions featuring prices that are above the statewide or county median single-family home price.

If approved, the transfer fee could be in addition to property tax surcharges imposed in nearly 200 communities that have adopted the Community Preservation Act (CPA), a law approved in 2000 that permits a local charge of up to 3 percent to pay for open space protection, historic preservation, affordable housing and outdoor recreation. More than 8,700 affordable housing units have been created and 14,700 more units supported with CPA funds.

Mass General Brigham, which employs more than 80,000 people and oversees a care system that treats more than 1.5 million patients annually, says high housing costs make health care workforce challenges particularly acute at its hospitals on Martha's Vineyard and Nantucket. But Elsie Taveras, chief community health equity officer at Mass General Brigham, says strained household housing budgets are also tied to health outcomes.

"Health and housing are inextricably linked, and research has demonstrated the connection between housing stability and health outcomes. The lack of affordable housing, and other social determinants of health, plague many neighborhoods disproportionately - particularly communities of color - leading to alarming health disparities," Taveras wrote in testimony to the committee, a copy of which was obtained by the News Service.

Taveras cited research released in June 2021 by The Boston Foundation that found the health of children and caregivers improved when they had access to stable housing, with the average number of emergency department visits dropping from 2.3 visits to 1.3 over a 12-month period.

Supporters of the bill say a new fee is justified because runaway housing costs are increasingly hampering the ability of employers to sustain workforces across industries, including the restaurant, retail, education and public safety sectors.

Real estate industry officials over the years have successfully bottled up proposals to impose new fees on property transactions, arguing against the idea of making housing costs higher in order to address a problem that is a statewide issue and the focus of numerous, longstanding government-sponsored housing programs.

Bill supporters counter that Massachusetts was ranked the the third least least affordable state in the nation by the National Low Income Housing Coalition, evidence that more must be done to address the problem.

"The cry can be heard from every corner of the state, large and small, urban and rural: we cannot find affordable places for people to live," said Pamela Schwartz, director of the Western Massachusetts Network to End Homelessness. "This Transfer fee legislation is a critical response to this all-hands-on-deck situation. We must give our local communities the option to use it."

Mass General Brigham's support for the bill was announced by the Transfer Fee for Affordable Housing Coalition, a group of more than 70 community organizations, housing and planning agencies, and municipalities that also supports bills filed by individual municipalities where officials have already backed proposed transfer fees.

Communities that have passed real estate transfer fee home rule petitions include Boston, Concord, Somerville, Nantucket, Brookline, Provincetown, Chatham, Cambridge and Arlington, according to the coalition's website.

The bill's sponsors, Sen. Jo Comerford of Northampton and Rep. Michael Connolly of Cambridge, welcomed the support from Mass General Brigham. The company's backing could help build momentum for the bill on Beacon Hill, although it has not been mentioned as a priority matter by Democratic legislative leaders who exercise great control over which bills emerge in the House and Senate for votes and which ones remain in committees.

The Housing Committee faces a Feb. 2 deadline to make a recommendation on the bill. The committee is co-chaired by Democrat Sen. John Keenan of Quincy and Rep. James Arciero of Westford.


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