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CLT UPDATE
Sunday, July 24, 2022

Final Week of Session, Historic Chaos on Beacon Hill


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

Remember a couple hundred Senate amendments to the economic development bill ago, and a gun bill ago, and an Orange Line inferno ago, and a climate bill agreement ago, and a presidential visit ago, when they passed the long-awaited state budget? Remember back then?

Yeah, that was Monday. Yes, this most recent Monday...four days ago.

That's life at the State House in late July of an even-numbered year -- when the deadline for formal sessions is so near that the SHNS session-end counter is ticking away and the clerks offices burn the midnight oil. Items of significance pop up so quickly, and in such profusion, that time warps for those foolish enough to pay close attention.

The House and Senate this week showed just how quickly they can work when they want or need to. An overdue fiscal year 2023 state budget that spends $5 billion more than the last one was filed at 6:50 p.m. Sunday and the Legislature was done with it before 4 p.m. Monday.

The $52.7 billion spending plan covers huge amounts of ground. Thanks to the enormous financial flexibility afforded by strong state tax collections and economic growth, lawmakers plan to spend millions on early education and care, school funding, behavioral health and safety at the MBTA while also banning child marriage, making phone calls free for incarcerated people and stashing another almost $1.5 billion into savings. You know, the kinds of things that can be made into quick work.

It was a similar story Thursday, when House and Senate Democrats rammed a major offshore wind and climate policy bill that was filed at 12:21 a.m. and circulated to lawmakers around 6:30 a.m. through both branches by about 8 p.m. over token objections from Republicans. That compromise bill reshapes the state's approach to offshore wind, a crucial part of its climate strategy, and tries to pick up the pace of widespread electrification. Weighty issues tackled while lawmakers had several other balls in the air Thursday afternoon.

The House pivoted fast from the offshore wind bill to making sure that leadership's amendment related to gun laws was securely hitched to a bond bill meant to fund IT improvements in Massachusetts courts. Leaders said the amendment would address the issues that the U.S. Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen raised, a priority that emerged late in the session....

But it's not like the Legislature suddenly kicked into high gear and took care of all of its time-sensitive business, not by a long shot. In fact, everything that lawmakers haven't finished work on now runs the risk of being waylaid until next session by the governor, whose 10-day review window for all bills now stretches until after the House and Senate hold their last formal sessions of the year next Sunday.

Democratic priorities like a reproductive rights bill meant to gird the state's laws around access to abortion in light of the Supreme Court's overturning of Roe v. Wade now may have an added hurdle to becoming law this session.

If the House and Senate were concerned about Baker vetoing anything, they probably didn't do themselves any favors Friday when they sent his dangerousness bill -- a Baker priority going back years that he and Lt. Gov. Karyn Polito pushed hard as their time in office approaches its close -- to the graveyard of a study order. The governor called it an "incomprehensible decision" that "protects abusers at the expense of survivors."

House and Senate leaders know they've let the Republican governor have the upper hand if he wants to raise it.

"We knew the deadline was in there," House Speaker Ronald Mariano said. "We worked to get it done by the deadline. We didn't do it, so now we have to live with those consequences." ...

STORY OF THE WEEK: Rules are being suspended left and right, a bond bill for computers in courts now includes major gun law changes, the Greek salads are flying out of Fill-A-Buster, and the latest word on conference committee progress depends which way the wind is blowing -- ah, July on Beacon Hill.

State House News Service
Friday, July 22, 2022
Weekly Roundup - All of a Sudden, Chaos Erupted


The last scheduled week of formal sessions is about to arrive with its standard blend of mysteries, surprises and intrigue. Under a rule that the Legislature has traditionally honored (Joint Rule 12A), formal sessions must cease for the 2021-2022 Legislature by Sunday, July 31, although how deep formals will run into next weekend is itself a mystery as well as which sleeper bills will suddenly be sprung from committees and placed on fast tracks. Here are 10 themes to watch as another historic week unfolds on Beacon Hill:

-- The Annual Budget: Gov. Charlie Baker has until Friday to act on the $52.7 billion budget (H 5050) that lawmakers sent to his desk on Monday, 17 days into the new fiscal year. ... The bill on his desk seeks another huge spending increase, about $4.3 billion, and the question is whether the Republican governor who is leaving office at the end of this year will sign off on a second big annual surge in spending, or try to slash back Beacon Hill's spending appetite with a bigger pile of vetoes.

-- The Conference Committees: Eight different panels tasked with producing compromise versions of bills that already passed the House and Senate remain in play heading into the last full week of formal sessions....

-- Second Energy Bill This Session: The House and Senate didn't leave their second major climate and clean energy bill this session to chance. Democrats sent their accord (H 5060) to Baker on Thursday, ensuring that the governor will either sign it before formal sessions end or that they'll have a chance to act on any measures he returns....

-- Legislative Hardball: By leaving so many major priorities until the final few days of formal sessions, Democrats have chosen to run the risk that Gov. Baker might upend their plans with vetoes and amendments. With supermajorities in both branches, it's fair to ask why they manage the workload like this. One theory is that only a hard deadline will produce compromise.... Another thought is that because they have supermajorities and because many Democrats have no fear of losing their seats, they can bargain without much regard for serious consequences and know they can pick up on any issue at the start of the next session....

-- Desperation In The Air: Expect lots of emails requesting "urgent" action on legislative priorities. Legislative leaders have largely corralled their last-week-of-formals agenda, but every session there are bills that suddenly emerge in the final days and gain enough momentum to reach the governor....

-- So Many Ways To Say 'No Deal': The pressure in the days ahead is on Democratic legislative leaders and the Democrats they have appointed to resolve bills in conference committee. Keep in mind: both branches have signed off on the thrust of each bill in conference, so the branches by definition are on record as wanting to enact new laws. It's just about reaching compromises....

-- All Eyes On Ways and Means: The House and Senate Ways and Means committees are graveyards every session for myriad bills, but both panels have traditionally spun out bills at an accelerated clip during the last days of formal sessions. The activity on both sides has already ramped up in recent weeks.

State House News Service
Friday, July 22, 2022
Advances - Week of July 24, 2022


The final fiscal year 2023 budget that the House and Senate sent to the governor's desk Monday taps into the enormous financial flexibility afforded by strong state tax collections and economic growth to fund investments in early education and care, school funding, behavioral health and safety at the MBTA while also banning child marriage, making phone calls free for the families of incarcerated people and stashing nearly $1.5 billion into savings.

The House and Senate both unanimously approved a compromise $52.7 billion annual budget (H 5050) for fiscal year 2023, which began on July 1 with an interim spending plan in place....

Knowing that fiscal year 2022 was about to generate a surplus in the neighborhood of $3 billion, that the state's primary savings account is already poised for a record high and that billions of dollars of federal money remains to be spent, the budget conference committee marked up the fiscal 2023 tax revenue estimate by $2.66 billion to $39.575 billion and then put the additional revenue to use throughout the budget.

The bill contemplates a $1.46 billion deposit to the state's stabilization fund, which would bring it to another record high balance of $7.35 billion at the end of the budget year.

Combined with about $14 billion in federal reimbursements and other sources, the bill lists the "grand total" of funds available for the budget at $54.87 billion....

The conference committee report, which was filed Sunday evening and made Massachusetts the last state in the nation to put a budget in place for fiscal 2023, represents an increase of $5.1 billion or 10.7 percent over the $47.6 billion annual budget for fiscal 2022. Much of that new money is targeted for spending or savings, with lawmakers on pace to also enact $500 million in one-time rebates and $500 million in permanent tax relief....

When faced with differing House- and Senate-approved spending levels, the six-person negotiating team showed a strong inclination to adopt the higher of the two proposed spending levels. In some instances that reveal the priorities of House and Senate leadership, the conferees sometimes even agreed to a higher spend than was adopted by either branch....

Local aid was no exception to the conference committee's general rule for adopting the higher of two proposed spending levels. The final budget went with the Senate's approach, dedicating a total of $1.23 billion for unrestricted general government aid to cities and towns -- a $63.1 million increase that was a priority for the Massachusetts Municipal Association.

"With property taxes tightly capped by Proposition 2˝, cities and towns rely on adequate state revenue sharing to provide municipal and school services, ensure safe streets and neighborhoods, and maintain vital infrastructure. These services are fundamental to our state's economic recovery, success and competitiveness," the MMA wrote to lawmakers as they began to piece together a compromise budget....

The conference committee budget includes $2 million in grants intended to make improvements to reproductive health access, infrastructure, and safety, and more than $2.75 million in funding for LGBTQ initiatives that ensure access to gender-affirming health care, youth-at-risk programming, and stable housing.

The bill also includes a Senate-backed provision establishing a veteran equality review board to ensure that veterans dishonorably discharged under the "Don't Ask Don't Tell" policy receive state-based veterans' benefits.

In the realm of criminal justice, the budget would eliminate probation and parole fees, expand a pilot for medically-assisted treatment of opioid use disorder from five sheriff's departments to each of the state's 14 sheriff's departments, and would require the Department of Correction, sheriffs and the Department of Youth Services to make phone calls, video calls and other electronic communications available free of charge.

State House News Service
Monday, July 18, 2022
Budget Negotiators Invented New Spending Plans In Conference
Rainy Day Fund Would Rise To $7.35 Billion Despite Generous Spend Plans


In theory, the budget is the vehicle used to fund state government. In practice, the state budget is frequently used as a catch-all policy vehicle, a way to use a bill that is guaranteed to pass to further policies that for whatever reason have not passed as standalone legislation. This year is no different, with policies included in the fiscal 2023 budget that range from extending universal free school meals to all students regardless of income to requiring sheriffs and corrections officials to provide free calls to incarcerated people. Lawmakers sent the bill to Baker on Monday.

Some of the provisions have a clear nexus to state spending. But other “outside sections,” as the policies are called, have little connection to the budget itself....

Senate Ways and Means Chair Michael Rodrigues said he does not think there is more policy in this year’s budget than usual. “It’s about traditional,” he said....

But many outside sections go beyond that....

CommonWealth Magazine
Monday, July 18, 2022
State budget is a lot more than just a spending plan
197 outside sections set policy on everything from child marriage to prison commissary prices


The Massachusetts Senate on Monday unveiled a nearly $4.3 billion spending package that includes roughly $1 billion in tax breaks that would take effect this tax year, a year ahead of a similar relief plan that passed the House last week.

Details of the economic development package emerged as lawmakers passed a record $52 billion budget for the new fiscal year, which began July 1.

The tax cuts, which Senate President Karen E. Spilka described as “pretty massive,” include an increased deduction for renters, an increased Earned Income Tax Credit, and an increased child and dependent tax credit. People would be able to claim the deductions when they file their taxes next year.

The House version, which passed unanimously last Thursday, made the tax relief effective in 2023, meaning taxpayers wouldn’t be able to benefit until they filed their taxes the following year....

Eileen McAnneny, president of the business-backed Massachusetts Taxpayers Foundation, said the Senate’s effort to help taxpayers next year “makes sense” given the pressure they’re feeling.

“One of the purposes of providing tax relief is to provide it immediately,” she said. “Folks are feeling the impact of inflation now.” ...

The Senate’s 111-page bill also makes changes to the estate tax deduction that differ sharply from the House’s plan. The Senate’s plan creates a tax credit of $99,600 for estates subject to the state’s estate tax, which leaders said effectively eliminates the so-called “cliff effect.”

The proposal affects about 2,500 estates and costs the state $185 million — about $22 million less than the House’s plan, which changes the estate tax threshold from $1 million to $2 million and taxes only above that amount. The House also raises the tax rate from 16 to 17 percent for the largest estates and applies the higher rate to slightly smaller estates. The new estate proposal would go into effect Sept. 1.

While the plan costs less than the House, the $185 million cost is still a “direct transfer to the wealthiest families in the Commonwealth,” said Phineas Baxandall, a senior tax analyst at the left-leaning Massachusetts Budget and Policy Center.

“It flies in the face of commitments to achieve greater equity in Massachusetts,” he said. “It is a special favoritism that we give to the kind of income that wealthy people tend to have.”

The Boston Globe
Monday, July 18, 2022
Taxpayer relief would come sooner under Senate’s version
of sweeping economic development bill


The Massachusetts Senate released a $4 billion economic development bill on Monday that includes some key spending differences from a House bill in areas like education, human services, and housing. The House and Senate are largely in agreement on a $1 billion proposal to reduce a slew of taxes, but with two key differences, one related to the estate tax and another to the timing of when the tax breaks go into effect....

Lawmakers from the House and Senate agreed in advance on most aspects of the tax plan, and the House and Senate versions are identical in the ways in which they would increase the child and dependent tax credit, increase the earned income tax credit, increase the rental deduction, and increase the senior circuit breaker. Both would also send out $250 rebates for individuals earning $38,000 to $100,000, and $500 rebates for couples earning up to $150,000.

But the Senate would introduce the tax cuts for the 2022 tax year, while the House would not implement them until 2023. “We think that’s important to provide this tax relief immediately,” said Senate Ways and Means Chair Michael Rodrigues.

Evan Horowitz, executive director of the Center for State Policy Analysis at Tufts University, said given that the state has a massive fiscal surplus now, implementing the tax relief in 2022 “is a no-brainer.”

Both plans are fairly similar to a tax relief plan that Baker proposed in January, except Baker did not include the rebates.

The other difference between the House and Senate is in the changes to the estate tax. Both bodies seek to ensure that estates worth less than $2 million do not have to pay the estate tax, which currently kicks in at $1 million. Both also seek to ensure that there is no “cliff effect,” which today requires someone to effectively pay taxes on the entire value of their estate – so an estate worth $999,999 pays nothing while an estate of $1,000,001 is taxed on the entire value.

But the mechanisms of how they do that are different and complex. The House changes the actual tax rates, while the Senate relies on a tax credit to lower taxpayers’ liability. The House plan would result in lower tax rates than the Senate’s plan for most estates over $2 million – with the exception of the largest estates, those worth over $7 million, where the House would impose even higher tax rates than exist today. The cost to the state would range from $185 million for the Senate’s plan to $231 million for a similar proposal made by Baker.

CommonWealth Magazine
Monday, July 18, 2022
Senate’s $4B economic development bill provides faster tax relief
With time running short, some key differences with House


Senators will vote Thursday on a $4.3 billion economic development bill that would more than double the House-approved investment in human service provider rates and affordable housing construction, and take a different route to long-awaited tax reforms.

Top Senate Democrats on Monday outlined the contours of the bill (S 3018) that will hit the chamber floor later in the week. It combines bonding, federal relief funds and surplus state budget dollars in a single spending package that also features permanent tax changes....

The bill calls for nearly $1.39 billion in bond authorizations and about $2.9 billion in direct spending from either state government's pot of remaining American Rescue Plan Act funds or a fiscal year 2022 budget surplus....

Senate Ways and Means Committee Chairman Michael Rodrigues said the non-bond dollars would be "split mostly evenly" between ARPA and the surplus, though a committee spokesperson later clarified that the legislation does not set a limit on how much the administration could draw from either source to execute the spending outlined.

That differs from the House, whose final amended bill included caps limiting the maximum amount of ARPA and surplus spending to nearly $1.43 billion each. Negotiators will need to resolve whether to include an explicit ceiling on ARPA spending in the final bill....

Like the House, the Senate's economic development bill would also serve as the vehicle for about $500 million in one-time tax rebates and another $500 million in permanent tax relief featuring changes to the earned income tax credit, child and dependent credits, rental deduction, and senior circuit breaker.

But senators diverged on taxes from their colleagues across the hall in two significant ways: the Senate bill would update credits and deductions in time for taxpayers to access them when they file next year, rather than waiting until 2024 as the House bill would require, and it takes a different route to reforming the estate tax.

The Senate bill would double the threshold at which the estate tax kicks in to $2 million, which mirrors the House, but instead of changing rates, it would create a credit of up to $99,600 for all estates.

That credit is equal to the amount of tax burden an estate worth exactly $2 million would face, and Senate Democrats said it would effectively eliminate a "cliff effect" in the current system that subjects the entire value of an estate, not just the amount over the threshold, to the levy.

"It's very easy to administer," Rodrigues said of the proposed estate tax credit. "It's the same way the federal government administers their federal estate tax provisions. Second, it's the most progressive, so it gives the benefit to those estates closer to $2 million than the larger estates, and third, it does not actually add taxes like the House did where they increased taxes to the highest estates."

Senate Democrats estimate their estate tax proposal would cost Massachusetts $185 million, $22 million less than the House bill and $46 million less than Gov. Charlie Baker's reforms filed in January.

The chamber plans to debate the bill during a formal session on Thursday, when senators could swell its bottom line even further through amendments, which are due by 5 p.m. Tuesday. The House Ways and Means Committee version hit the floor with a bottom line of about $3.8 billion, and the bill grew to $4.2 billion by the time that chamber finished packing on earmarks and additional spending initiatives.

State House News Service
Monday, July 18, 2022
Senate Unveils $4.3 Billion Economic Development Bill
Major Spending Decisions Continue As Formals Wind Down


Senators kicked off debate on a "kitchen sink" economic development bill Thursday by quickly and quietly tacking on more than $86 million to its $4.3 billion bottom line.

At the outset of a formal session to consider the wide-ranging legislation (S 3018), the Senate approved a bundle of 147 amendments with a single voice vote and rejected another 143 amendments in the same manner.

No senators spoke about the contents of either package, which appear to feature mostly earmarks for local packages. A Senate Ways and Means Committee spokesperson said the group of successful amendments added about $25.5 million in direct spending and $60.7 million in bond authorization.

Combined with amendments already withdrawn, the quick action on the bundles leaves about 230 amendments for senators to consider as they continue debate, which could stretch well into Thursday night or into Friday. Many high-profile proposals remain on the table, including measures that would overhaul the tax relief top Democrats wove into their bill.

State House News Service
Thursday, July 21, 2022
Senate Bulking Up $4.3 Bil Economic Development Bill


Unable to agree on scores of major bills, top Democrats in the Legislature are on the verge of ceding some of their power to Republican Gov. Charlie Baker.

After Thursday, Baker can technically hold on to bills sent to his desk until after July 31, when lawmakers are scheduled to wrap up formal sessions for this two-year meeting of the General Court. Almost 19 months into the session, Democrats could have avoided the scenario by shifting their work ahead by just two weeks, but have instead chosen to embrace their longstanding approach of leaving lots of work until the very end....

One historic casualty of late-session rushes to enact bills is fair notice, with lawmakers more prone to pass bills quickly and without debate rather than slowing things down to ensure widespread public understanding of proposals and to give legislators enough time to understand what they are voting on.

State House News Service
Thursday, July 21, 2022
Dems Again Let Some Leverage Flow To Governor


The Massachusetts House on Thursday quickly introduced and passed provisions tightening gun licensing standards in response to a recent US Supreme Court decision.

With just 10 days to go before the end of formal legislative sessions this year, House Speaker Ron Mariano announced Thursday morning that the House had reached an agreement with the Senate, in consultation with Attorney General Maura Healey, “to expedite legislation needed to come into compliance with the Bruen decision while proactively safeguarding existing components of our gun laws from future challenges.”

Mariano said House and Senate lawmakers agreed to deliver a “tailored proposal” to Gov. Charlie Baker’s desk by July 31.

The sudden action on guns, which was passed as an amendment to a bond bill Thursday evening, angered gun rights activists. Jim Wallace, executive director of Gun Owners Action League, a gun rights lobbying group, said he “cannot even describe how angry we are” that gun owners were not consulted. “The very people that were affected by the Supreme Court decision and are going to be affected by whatever they do today, we didn’t even get the courtesy of a phone call to say hey what do you think about this?” he said.

If the provisions become law, Wallace said there will “absolutely without a doubt” be a legal challenge.

The amendment passed by a vote of 122 to 33, with five Democrats joining all the House Republicans in voting no.

CommonWealth Magazine
Thursday, July 21, 2022
House passes gun bill as amendment to bond legislation
Move angers gun group, which was given no advance notification


House Speaker Ron Mariano tweeted that the Legislature will vote on a compromise bill to combat climate change on Thursday, presumably by suspending rules designed to give lawmakers proper notice of a bill coming up for a vote.

Officials said House and Senate negotiators reached agreement on the bill Wednesday afternoon but technical drafting issues continued past 8 p.m., the deadline for giving proper notice.

The bill attempts to combine a House proposal heavily geared toward the development of offshore wind with a Senate proposal focused more on the adoption of electric vehicles, solar policy, and reducing the reliance on fossil fuels in construction.

CommonWealth Magazine
Wednesday, July 20, 2022
Compromise climate bill coming down to the wire
Measure would allow 10 communities to ban natural gas hookups


Orange Line passengers had to jump for their lives into the Mystic.

A Democratic state rep is fighting a petition campaign backing a ballot question to repeal the law giving driver’s licenses to illegal immigrants. He’s being applauded instead of condemned by his party.

This comes as the Democratic-controlled Legislature remains out of touch with the over-taxed and inflation-stressed citizens of Massachusetts.

Bay State Attorney General Maura Healey is watching all this unfold nicely while running for governor with the November election closing like a runaway T train. That’s an apt analogy because if no one can slow her down, Healey will be the rubber stamp Beacon Hill has been salivating over since Deval Patrick took his drapes and headed off into the private sector.

Healey is now being asked to step in and stop fellow Democrats from intimidating petition seekers trying to let voters decide if the Legislature got it right by giving illegal immigrants a fast lane to a license.

Why does she even need to be asked? ...

Stop intimidating those collecting signatures for a ballot initiative. We’re talking to you state Sen. Jamie Eldridge (D-Acton)....

Maura Healey needs to say so. She needs to move on anyone who goes too far — and we state here that Jamie Eldridge has gone too far.

But we won’t hold our breath waiting for Maura Healey to quickly condemn fellow Democrats for being out of line. No. She’s all in on being Gov. Rubber Stamp.

A Boston Herald editorial
Sunday, July 24, 2022
Gov. Rubber Stamp nightmare


Chip Ford's CLT Commentary

Chaos reigns on Beacon Hill as never before while "The Best Legislature Money Can Buy" scrambles in the final few days of its two-year session before the alleged "full time" legislators take the rest of the year off to campaign for pro forma reelection.  Massive and complex bills are flying through to passage with few if any comprehending what they're voting on or for.  Even veteran reporters of usual Beacon Hill shenanigans are appalled at the slipshod and cavalier process of just ramming through legislation with a wink and a nod.

I usually post the State House News Service's Friday summaries at the end of these Updates but this week if you read nothing else read them.  The two reports tell the story and describe the atmosphere in the fewest words.

On Friday, July 22, 2022 the News Service in part reported ("Weekly Roundup - All of a Sudden, Chaos Erupted"):

Remember a couple hundred Senate amendments to the economic development bill ago, and a gun bill ago, and an Orange Line inferno ago, and a climate bill agreement ago, and a presidential visit ago, when they passed the long-awaited state budget? Remember back then?

Yeah, that was Monday. Yes, this most recent Monday...four days ago.

That's life at the State House in late July of an even-numbered year -- when the deadline for formal sessions is so near that the SHNS session-end counter is ticking away and the clerks offices burn the midnight oil. Items of significance pop up so quickly, and in such profusion, that time warps for those foolish enough to pay close attention.

The House and Senate this week showed just how quickly they can work when they want or need to. An overdue fiscal year 2023 state budget that spends $5 billion more than the last one was filed at 6:50 p.m. Sunday and the Legislature was done with it before 4 p.m. Monday.

The $52.7 billion spending plan covers huge amounts of ground. Thanks to the enormous financial flexibility afforded by strong state tax collections and economic growth, lawmakers plan to spend millions on early education and care, school funding, behavioral health and safety at the MBTA while also banning child marriage, making phone calls free for incarcerated people and stashing another almost $1.5 billion into savings. You know, the kinds of things that can be made into quick work.

It was a similar story Thursday, when House and Senate Democrats rammed a major offshore wind and climate policy bill that was filed at 12:21 a.m. and circulated to lawmakers around 6:30 a.m. through both branches by about 8 p.m. over token objections from Republicans. That compromise bill reshapes the state's approach to offshore wind, a crucial part of its climate strategy, and tries to pick up the pace of widespread electrification. Weighty issues tackled while lawmakers had several other balls in the air Thursday afternoon.

The House pivoted fast from the offshore wind bill to making sure that leadership's amendment related to gun laws was securely hitched to a bond bill meant to fund IT improvements in Massachusetts courts. Leaders said the amendment would address the issues that the U.S. Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen raised, a priority that emerged late in the session....

But it's not like the Legislature suddenly kicked into high gear and took care of all of its time-sensitive business, not by a long shot. In fact, everything that lawmakers haven't finished work on now runs the risk of being waylaid until next session by the governor, whose 10-day review window for all bills now stretches until after the House and Senate hold their last formal sessions of the year next Sunday.

Democratic priorities like a reproductive rights bill meant to gird the state's laws around access to abortion in light of the Supreme Court's overturning of Roe v. Wade now may have an added hurdle to becoming law this session.

If the House and Senate were concerned about Baker vetoing anything, they probably didn't do themselves any favors Friday when they sent his dangerousness bill -- a Baker priority going back years that he and Lt. Gov. Karyn Polito pushed hard as their time in office approaches its close -- to the graveyard of a study order. The governor called it an "incomprehensible decision" that "protects abusers at the expense of survivors."

House and Senate leaders know they've let the Republican governor have the upper hand if he wants to raise it.

"We knew the deadline was in there," House Speaker Ronald Mariano said. "We worked to get it done by the deadline. We didn't do it, so now we have to live with those consequences." ...

STORY OF THE WEEK: Rules are being suspended left and right, a bond bill for computers in courts now includes major gun law changes, the Greek salads are flying out of Fill-A-Buster, and the latest word on conference committee progress depends which way the wind is blowing -- ah, July on Beacon Hill.

In its Advances - Week of July 24, 2022 the State House News Service forewarned of the ongoing circus going into the week ahead:

The last scheduled week of formal sessions is about to arrive with its standard blend of mysteries, surprises and intrigue. Under a rule that the Legislature has traditionally honored (Joint Rule 12A), formal sessions must cease for the 2021-2022 Legislature by Sunday, July 31, although how deep formals will run into next weekend is itself a mystery as well as which sleeper bills will suddenly be sprung from committees and placed on fast tracks. Here are 10 themes to watch as another historic week unfolds on Beacon Hill:

-- The Annual Budget: Gov. Charlie Baker has until Friday to act on the $52.7 billion budget (H 5050) that lawmakers sent to his desk on Monday, 17 days into the new fiscal year. ... The bill on his desk seeks another huge spending increase, about $4.3 billion, and the question is whether the Republican governor who is leaving office at the end of this year will sign off on a second big annual surge in spending, or try to slash back Beacon Hill's spending appetite with a bigger pile of vetoes.

-- The Conference Committees: Eight different panels tasked with producing compromise versions of bills that already passed the House and Senate remain in play heading into the last full week of formal sessions....

-- Second Energy Bill This Session: The House and Senate didn't leave their second major climate and clean energy bill this session to chance. Democrats sent their accord (H 5060) to Baker on Thursday, ensuring that the governor will either sign it before formal sessions end or that they'll have a chance to act on any measures he returns....

-- Legislative Hardball: By leaving so many major priorities until the final few days of formal sessions, Democrats have chosen to run the risk that Gov. Baker might upend their plans with vetoes and amendments. With supermajorities in both branches, it's fair to ask why they manage the workload like this. One theory is that only a hard deadline will produce compromise.... Another thought is that because they have supermajorities and because many Democrats have no fear of losing their seats, they can bargain without much regard for serious consequences and know they can pick up on any issue at the start of the next session....

-- Desperation In The Air: Expect lots of emails requesting "urgent" action on legislative priorities. Legislative leaders have largely corralled their last-week-of-formals agenda, but every session there are bills that suddenly emerge in the final days and gain enough momentum to reach the governor....

-- So Many Ways To Say 'No Deal': The pressure in the days ahead is on Democratic legislative leaders and the Democrats they have appointed to resolve bills in conference committee. Keep in mind: both branches have signed off on the thrust of each bill in conference, so the branches by definition are on record as wanting to enact new laws. It's just about reaching compromises....

-- All Eyes On Ways and Means: The House and Senate Ways and Means committees are graveyards every session for myriad bills, but both panels have traditionally spun out bills at an accelerated clip during the last days of formal sessions. The activity on both sides has already ramped up in recent weeks.


On Monday the State House News Service reported ("Budget Negotiators Invented New Spending Plans In ConferenceRainy Day Fund Would Rise To $7.35 Billion Despite Generous Spend Plans") that the Legislature just increased the FY2023 state budget by an additional by $2.66 Billion over the $49.68 Billion previously proposed just two months ago which itself was an increase in spending of $2 Billion over the previous year's (FY2021) budget.  The new FY2023 budget sent to the governor will spend $52.7 Billion this fiscal year (which started on July 1) — "an increase of $5.1 billion or 10.7 percent over the $47.6 billion annual budget for fiscal 2022" the News Service reported:

The final fiscal year 2023 budget that the House and Senate sent to the governor's desk Monday taps into the enormous financial flexibility afforded by strong state tax collections and economic growth to fund investments in early education and care, school funding, behavioral health and safety at the MBTA while also banning child marriage, making phone calls free for the families of incarcerated people and stashing nearly $1.5 billion into savings.

The House and Senate both unanimously approved a compromise $52.7 billion annual budget (H 5050) for fiscal year 2023, which began on July 1 with an interim spending plan in place....

Knowing that fiscal year 2022 was about to generate a surplus in the neighborhood of $3 billion, that the state's primary savings account is already poised for a record high and that billions of dollars of federal money remains to be spent, the budget conference committee marked up the fiscal 2023 tax revenue estimate by $2.66 billion to $39.575 billion and then put the additional revenue to use throughout the budget.

The bill contemplates a $1.46 billion deposit to the state's stabilization fund, which would bring it to another record high balance of $7.35 billion at the end of the budget year.

Combined with about $14 billion in federal reimbursements and other sources, the bill lists the "grand total" of funds available for the budget at $54.87 billion....

The conference committee report, which was filed Sunday evening and made Massachusetts the last state in the nation to put a budget in place for fiscal 2023, represents an increase of $5.1 billion or 10.7 percent over the $47.6 billion annual budget for fiscal 2022. Much of that new money is targeted for spending or savings, with lawmakers on pace to also enact $500 million in one-time rebates and $500 million in permanent tax relief....

When faced with differing House- and Senate-approved spending levels, the six-person negotiating team showed a strong inclination to adopt the higher of the two proposed spending levels. In some instances that reveal the priorities of House and Senate leadership, the conferees sometimes even agreed to a higher spend than was adopted by either branch....

Local aid was no exception to the conference committee's general rule for adopting the higher of two proposed spending levels. The final budget went with the Senate's approach, dedicating a total of $1.23 billion for unrestricted general government aid to cities and towns -- a $63.1 million increase that was a priority for the Massachusetts Municipal Association.

"With property taxes tightly capped by Proposition 2˝, cities and towns rely on adequate state revenue sharing to provide municipal and school services, ensure safe streets and neighborhoods, and maintain vital infrastructure. These services are fundamental to our state's economic recovery, success and competitiveness," the MMA wrote to lawmakers as they began to piece together a compromise budget....

The conference committee budget includes $2 million in grants intended to make improvements to reproductive health access, infrastructure, and safety, and more than $2.75 million in funding for LGBTQ initiatives that ensure access to gender-affirming health care, youth-at-risk programming, and stable housing.

The bill also includes a Senate-backed provision establishing a veteran equality review board to ensure that veterans dishonorably discharged under the "Don't Ask Don't Tell" policy receive state-based veterans' benefits.

In the realm of criminal justice, the budget would eliminate probation and parole fees, expand a pilot for medically-assisted treatment of opioid use disorder from five sheriff's departments to each of the state's 14 sheriff's departments, and would require the Department of Correction, sheriffs and the Department of Youth Services to make phone calls, video calls and other electronic communications available free of charge.

This is such standard Beacon Hill thinking.  "We've got it now so we'll spend it, fast!"

Remember this when you receive your pitiful $250 "tax relief" rebate check in the mail come October, shamelessly provided a few weeks before the November election for which you are expected to be grateful.


CommonWealth Magazine reminded us on Monday ("State budget is a lot more than just a spending plan197 outside sections set policy on everything from child marriage to prison commissary prices"):

In theory, the budget is the vehicle used to fund state government. In practice, the state budget is frequently used as a catch-all policy vehicle, a way to use a bill that is guaranteed to pass to further policies that for whatever reason have not passed as standalone legislation. This year is no different, with policies included in the fiscal 2023 budget that range from extending universal free school meals to all students regardless of income to requiring sheriffs and corrections officials to provide free calls to incarcerated people. Lawmakers sent the bill to Baker on Monday.

Some of the provisions have a clear nexus to state spending. But other “outside sections,” as the policies are called, have little connection to the budget itself....

Senate Ways and Means Chair Michael Rodrigues said he does not think there is more policy in this year’s budget than usual. “It’s about traditional,” he said....

But many outside sections go beyond that....


The Boston Globe on Monday reported the other tax "reforms" may take effect sooner than the House has proposed in its Economic Development Bill ("Taxpayer relief would come sooner under Senate’s version of sweeping economic development bill"):

The Massachusetts Senate on Monday unveiled a nearly $4.3 billion spending package that includes roughly $1 billion in tax breaks that would take effect this tax year, a year ahead of a similar relief plan that passed the House last week.

Details of the economic development package emerged as lawmakers passed a record $52 billion budget for the new fiscal year, which began July 1.

The tax cuts, which Senate President Karen E. Spilka described as “pretty massive,” include an increased deduction for renters, an increased Earned Income Tax Credit, and an increased child and dependent tax credit. People would be able to claim the deductions when they file their taxes next year.

The House version, which passed unanimously last Thursday, made the tax relief effective in 2023, meaning taxpayers wouldn’t be able to benefit until they filed their taxes the following year....

Eileen McAnneny, president of the business-backed Massachusetts Taxpayers Foundation, said the Senate’s effort to help taxpayers next year “makes sense” given the pressure they’re feeling.

“One of the purposes of providing tax relief is to provide it immediately,” she said. “Folks are feeling the impact of inflation now.” ...

The Senate’s 111-page bill also makes changes to the estate tax deduction that differ sharply from the House’s plan. The Senate’s plan creates a tax credit of $99,600 for estates subject to the state’s estate tax, which leaders said effectively eliminates the so-called “cliff effect.”

The proposal affects about 2,500 estates and costs the state $185 million — about $22 million less than the House’s plan, which changes the estate tax threshold from $1 million to $2 million and taxes only above that amount. The House also raises the tax rate from 16 to 17 percent for the largest estates and applies the higher rate to slightly smaller estates. The new estate proposal would go into effect Sept. 1.

While the plan costs less than the House, the $185 million cost is still a “direct transfer to the wealthiest families in the Commonwealth,” said Phineas Baxandall, a senior tax analyst at the left-leaning Massachusetts Budget and Policy Center.

“It flies in the face of commitments to achieve greater equity in Massachusetts,” he said. “It is a special favoritism that we give to the kind of income that wealthy people tend to have.”

Did you catch that?

"The tax cuts, which Senate President Karen E. Spilka described as 'pretty massive,' include an increased deduction for renters, an increased Earned Income Tax Credit, and an increased child and dependent tax credit. People would be able to claim the deductions when they file their taxes next year."

"Pretty massive" is quite a relative term in my view.  Considering the multi-billion dollar revenue surpluses (over-taxation) bonanza over the past two years (some $9 Billion), $1 Billion in tax relief, compared to $5 Billion in increased spending just this fiscal year alone, doesn't seem "massive" whatsoever.  Rather, it seems relatively negligible, a rounding error.  If the over-taxation rebate was twice its proposed $1 Billion (to $2 Billion) or even three times ($3 Billion) that would still leave the Legislature with unexpected billions more to squander however it wished.  We might even call that one of the progressives' favorite terms:  "Tax Fairness"!

About that Senate Economic Bill, the State House News Service further reported on Thursday ("Senate Bulking Up $4.3 Bil Economic Development Bill"):

Senators kicked off debate on a "kitchen sink" economic development bill Thursday by quickly and quietly tacking on more than $86 million to its $4.3 billion bottom line.

At the outset of a formal session to consider the wide-ranging legislation (S 3018), the Senate approved a bundle of 147 amendments with a single voice vote and rejected another 143 amendments in the same manner.

No senators spoke about the contents of either package, which appear to feature mostly earmarks for local packages. A Senate Ways and Means Committee spokesperson said the group of successful amendments added about $25.5 million in direct spending and $60.7 million in bond authorization.

Combined with amendments already withdrawn, the quick action on the bundles leaves about 230 amendments for senators to consider as they continue debate, which could stretch well into Thursday night or into Friday. Many high-profile proposals remain on the table, including measures that would overhaul the tax relief top Democrats wove into their bill.


How chaotic has it become on Beacon Hill with the looming deadline a week away?  Just how dysfunctional has the Legislature become even by its own standards, how incapable is it to even meet the deadline of its two-year formal session? 

State House News Service reported on Thursday ("Dems Again Let Some Leverage Flow To Governor"):

Unable to agree on scores of major bills, top Democrats in the Legislature are on the verge of ceding some of their power to Republican Gov. Charlie Baker.

After Thursday, Baker can technically hold on to bills sent to his desk until after July 31, when lawmakers are scheduled to wrap up formal sessions for this two-year meeting of the General Court. Almost 19 months into the session, Democrats could have avoided the scenario by shifting their work ahead by just two weeks, but have instead chosen to embrace their longstanding approach of leaving lots of work until the very end....

One historic casualty of late-session rushes to enact bills is fair notice, with lawmakers more prone to pass bills quickly and without debate rather than slowing things down to ensure widespread public understanding of proposals and to give legislators enough time to understand what they are voting on.

"The Best Legislature Money Can Buy" is so fully dysfunctional it can't even get out of its own way.


There's a lot more news on the chaos overwhelming Beacon Hill in these final few days as legislators and their leadership jam everything on everyone's wish list into any hole they can cram it, so they can run from the State House until January.  If you're not disgusted enough yet feel free to read on.

Chip Ford
Executive Director


Full News Reports
(excerpted above)

State House News Service
Friday, July 22, 2022
Weekly Roundup - All of a Sudden, Chaos Erupted
Recap and analysis of the week in state government
By Colin A. Young


Remember a couple hundred Senate amendments to the economic development bill ago, and a gun bill ago, and an Orange Line inferno ago, and a climate bill agreement ago, and a presidential visit ago, when they passed the long-awaited state budget? Remember back then?

Yeah, that was Monday. Yes, this most recent Monday...four days ago.

That's life at the State House in late July of an even-numbered year -- when the deadline for formal sessions is so near that the SHNS session-end counter is ticking away and the clerks offices burn the midnight oil. Items of significance pop up so quickly, and in such profusion, that time warps for those foolish enough to pay close attention.

The House and Senate this week showed just how quickly they can work when they want or need to. An overdue fiscal year 2023 state budget that spends $5 billion more than the last one was filed at 6:50 p.m. Sunday and the Legislature was done with it before 4 p.m. Monday.

The $52.7 billion spending plan covers huge amounts of ground. Thanks to the enormous financial flexibility afforded by strong state tax collections and economic growth, lawmakers plan to spend millions on early education and care, school funding, behavioral health and safety at the MBTA while also banning child marriage, making phone calls free for incarcerated people and stashing another almost $1.5 billion into savings. You know, the kinds of things that can be made into quick work.

It was a similar story Thursday, when House and Senate Democrats rammed a major offshore wind and climate policy bill that was filed at 12:21 a.m. and circulated to lawmakers around 6:30 a.m. through both branches by about 8 p.m. over token objections from Republicans. That compromise bill reshapes the state's approach to offshore wind, a crucial part of its climate strategy, and tries to pick up the pace of widespread electrification. Weighty issues tackled while lawmakers had several other balls in the air Thursday afternoon.

The House pivoted fast from the offshore wind bill to making sure that leadership's amendment related to gun laws was securely hitched to a bond bill meant to fund IT improvements in Massachusetts courts. Leaders said the amendment would address the issues that the U.S. Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen raised, a priority that emerged late in the session. Representatives followed that up by adopting an amendment that would implement the recommendations of the commission created in the 2020 policing reform law to investigate usage of facial recognition by government.

Nominally the "judiciary IT bond bill," the authorization for what Rep. Mike Day said was the most significant modernization effort for the courts in a quarter-century is now the third most important part of the bill.

But it's not like the Legislature suddenly kicked into high gear and took care of all of its time-sensitive business, not by a long shot. In fact, everything that lawmakers haven't finished work on now runs the risk of being waylaid until next session by the governor, whose 10-day review window for all bills now stretches until after the House and Senate hold their last formal sessions of the year next Sunday.

Democratic priorities like a reproductive rights bill meant to gird the state's laws around access to abortion in light of the Supreme Court's overturning of Roe v. Wade now may have an added hurdle to becoming law this session.

If the House and Senate were concerned about Baker vetoing anything, they probably didn't do themselves any favors Friday when they sent his dangerousness bill -- a Baker priority going back years that he and Lt. Gov. Karyn Polito pushed hard as their time in office approaches its close -- to the graveyard of a study order. The governor called it an "incomprehensible decision" that "protects abusers at the expense of survivors."

House and Senate leaders know they've let the Republican governor have the upper hand if he wants to raise it.

"We knew the deadline was in there," House Speaker Ronald Mariano said. "We worked to get it done by the deadline. We didn't do it, so now we have to live with those consequences."

Speaking of living with the consequences, how'd you like to be Steve Poftak right about now?

The MBTA general manager was clear Monday when he told state lawmakers and the 600,000 people who rely on the public transit agency he runs to go about their daily lives that they had nothing to worry about: "I want to say unequivocally today to the committee and to our customers that the system is safe."

That didn't even hold up through Thursday's morning rush. Around 6:45 a.m., according to an Orange Line rider named Chloe, "All of a sudden, chaos erupted."

It looked like something out of a Michael Bay summer blockbuster; an Orange Line train stopped on a bridge high above the Mystic River...on fire!...with passengers breaking windows to escape the flames and smoke. One woman decided she'd be safer leaping off the bridge and taking her chances getting to shore than having anything more to do with Poftak's "unequivocally" safe MBTA.

"Obviously a very frightening event and not the service that the MBTA wants to provide," Poftak said Thursday afternoon of the morning's chaos, which immediately joined the 2015 Ghost Train in the pantheon of epic T boners.

It's been a bad year for the T. Three people have died -- a man who fell through a section of dilapidated stairs that was blocked off at a T station in Dorchester, a woman whose car was struck by a commuter train in Wilmington and a man whose arm became trapped in the doors of a Red Line train in South Boston and was dragged to his death. Crashes, a major escalator malfunction and other incidents have resulted in at least 40 hospitalizations, according to a Boston Globe accounting of the T's last 12 months. Brand new train cars keep getting pulled out of service as new problems with them crop up.

And most of the system's subway lines are running at the lower weekend levels until further notice because the Federal Transit Administration had such serious concerns about safety and dispatcher work hours. So is it unfair to say that the MBTA is a total mess?

"Yes," Gov. Baker said Thursday when GBH Radio's Jim Braude asked him that question. The governor pointed to the T's on-time rates and overall system reliability data, but agreed "it's not unfair to say what happened today is unacceptable."

The Legislature thinks the T is enough of a mess that it's steering hundreds of millions of dollars to the T just to respond to directives arising out of the FTA's nearly unprecedented safety inspection. Between an infrastructure bond bill and the fiscal 2023 budget, lawmakers are poised to hand the MBTA $666 million to deal with its devilish problems.

LOOSE ENDS: It says something about the week that the fact that President Joe Biden visited Somerset to make a speech and then tested positive for COVID-19 the next day is considered a loose end ... If the MBTA doesn't deter people from moving to Massachusetts, maybe the record high median home sale price will ... The Governor's Council continues to operate in its own weird, alternate universe where councilors play fast and loose with the rules and constantly look to drag out personal vendettas against each other ... The state's Treasury had to postpone this week a $2.7 billion bond sale meant to repay federal unemployment insurance loans because of a disagreement between the House and Senate ... Speaker Mariano said negotiators are still "far apart" on sports betting, either a worrying sign for one of the Beacon Hill measures most closely watched by the public or a negotiating tactic as time runs short.

STORY OF THE WEEK: Rules are being suspended left and right, a bond bill for computers in courts now includes major gun law changes, the Greek salads are flying out of Fill-A-Buster, and the latest word on conference committee progress depends which way the wind is blowing -- ah, July on Beacon Hill.


State House News Service
Friday, July 22, 2022
Advances - Week of July 24, 2022


The last scheduled week of formal sessions is about to arrive with its standard blend of mysteries, surprises and intrigue. Under a rule that the Legislature has traditionally honored (Joint Rule 12A), formal sessions must cease for the 2021-2022 Legislature by Sunday, July 31, although how deep formals will run into next weekend is itself a mystery as well as which sleeper bills will suddenly be sprung from committees and placed on fast tracks. Here are 10 themes to watch as another historic week unfolds on Beacon Hill:

-- The Annual Budget: Gov. Charlie Baker has until Friday to act on the $52.7 billion budget (H 5050) that lawmakers sent to his desk on Monday, 17 days into the new fiscal year. The interim budget that's in place is supposed to carry state spending through July, and it's possible that Baker could act before Friday. House and Senate Democrats have left themselves only a few days to deal with budget vetoes and amendments. Last year, Baker vetoed only about $7 million and agreed to a significant spending increase fueled by strong tax collections. The bill on his desk seeks another huge spending increase, about $4.3 billion, and the question is whether the Republican governor who is leaving office at the end of this year will sign off on a second big annual surge in spending, or try to slash back Beacon Hill's spending appetite with a bigger pile of vetoes.

-- The Conference Committees: Eight different panels tasked with producing compromise versions of bills that already passed the House and Senate remain in play heading into the last full week of formal sessions. Accords could emerge at any moment or languish until shortly before the final gavel on July 31, and when they do, lawmakers will hustle to get the updated legislation through both branches and to Gov. Baker's desk. If conferees fail to reach agreements, the issues will be kicked into the 2023-24 session. Conference committees are in place to negotiate governance reforms at state-run soldiers' homes (led by Rep. Joseph Wagner and Sen. Michael Rush), legalized sports betting (chief conferees Rep. Jerald Parisella and Sen. Michael Rodrigues), cannabis industry regulatory changes (Rep. Daniel Donahue and Rodrigues), mental health access improvements (Rep. Adrian Madaro and Sen. Julian Cyr), open space preservation (Rep. Ruth Balser and Sen. Sal DiDomenico), military family licensure and veterans benefits (Rep. Paul McMurtry and Sen. John Velis), reproductive rights after the overturn of Roe v. Wade (Rep. Aaron Michlewitz and Sen. Cindy Friedman), and a roughly $10 billion infrastructure bond bill (Rep. William Straus and Sen. Brendan Crighton). The list is poised to grow with House- and Senate-approved economic development bills, which are the vehicle's for tax relief, varying in bottom lines ($4.3 billion in the House, $4.57 billion in the Senate) and policy riders (online lottery authorization in the House, local option happy hours permitted in the Senate). Lawmakers might also turn to a conference committee to finalize a judiciary IT bond bill, which representatives used as a vehicle for gun law reforms and facial recognition regulations, that will get a vote in the Senate next week.

-- The Calendar: With scores of major matters unresolved, the House and Senate clocked off Thursday and decided to stay out of session for three days, and then scheduled only light informal sessions for Monday. The scheduling shows that House and Senate Democrats either are not close to reaching any major deals or feel it doesn't really matter when they reach an agreement, as long as it's by the 31st. But formal sessions are likely a possibility throughout next week and through the weekend.

-- Executive-Legislative Relations: Their regular meetings have become a lot less frequent in recent months, but it's hard to really know how closely Democrat legislative leaders and Gov. Baker are communicating. While they have made a big deal out of their regular get-togethers, House and Senate Democrats and Baker can also communicate the same ways that we all do: by text and phone. However, with Baker running out his last term as a lame duck, there's a sense that Democrats are looking past him, and feeling that if they can't agree on bills this year they can just kick them into 2023, when they expect Democrat Maura Healey will be in the Corner Office.

-- Second Energy Bill This Session: The House and Senate didn't leave their second major climate and clean energy bill this session to chance. Democrats sent their accord (H 5060) to Baker on Thursday, ensuring that the governor will either sign it before formal sessions end or that they'll have a chance to act on any measures he returns. It's a switch from previous sessions when clean energy bills were pushed to the final days and minutes of formal sessions, most notably last session when Baker vetoed the climate roadmap bill, causing Democrats to restart that legislation and speed it to his desk at the start of this session.

-- Legislative Hardball: By leaving so many major priorities until the final few days of formal sessions, Democrats have chosen to run the risk that Gov. Baker might upend their plans with vetoes and amendments. With supermajorities in both branches, it's fair to ask why they manage the workload like this. One theory is that only a hard deadline will produce compromise. Another is that House and Senate Democrats perhaps like playing hardball with each other more than people realize. Underscoring their institutional rivalry, House and Senate Democrats are always quick to point out which of their priorities survive in conference, and to claim the compromises more closely resemble the original bills from one branch or the other. Another thought is that because they have supermajorities and because many Democrats have no fear of losing their seats, they can bargain without much regard for serious consequences and know they can pick up on any issue at the start of the next session. Another reason for the hardball could be their lack of fear of Baker. The Republican governor is certainly capable of throwing wrenches into their plans, but he for the most part during his tenure has agreed to the legislative agenda crafted by Democrats, and if he decides to make an especially noteworthy veto, he alone will carry that decision forward. And they know the governor may be loath to kill an entire measure such as reproductive rights, and take the blame, because he objects to a single section.

-- Desperation In The Air: Expect lots of emails requesting "urgent" action on legislative priorities. Legislative leaders have largely corralled their last-week-of-formals agenda, but every session there are bills that suddenly emerge in the final days and gain enough momentum to reach the governor. Conversely, the week ahead is really the end of the line for most bills, which will not emerge in the five-plus months of informal sessions from August through early January.

-- So Many Ways To Say 'No Deal': The pressure in the days ahead is on Democratic legislative leaders and the Democrats they have appointed to resolve bills in conference committee. Keep in mind: both branches have signed off on the thrust of each bill in conference, so the branches by definition are on record as wanting to enact new laws. It's just about reaching compromises. And without deals to announce, negotiators on Beacon Hill have a menu of non-enlightening ways to convey that they don't have deals. "We're working hard," one conferee may say. "We're exchanging proposals" is another stock line. "We're in constant communication," they'll say, aware that there's no way to verify that. Or they'll offer that "we're making progress," another claim that can't be proven or disproven. The conference committees Democrats are relying on to come up with deals have all chosen to meet only in private, and only a select few are privy to the details of their talks.

-- Guns and Facial Recognition: A pair of significant criminal justice reform proposals are on deck for consideration in the Senate. After the House attached amendments overhauling the state's firearms law and setting boundaries on police use of facial recognition to a judiciary IT bond bill (H 5046), it's time for senators to stamp their mark. Top Senate Democrats already signaled they want to "act expeditiously" to get a bill to Baker's desk responding to the U.S. Supreme Court's New York State Rifle & Pistol Association v. Bruen ruling and pursue more sweeping gun control measures next session, but their outlook on the facial recognition guardrails is less clear. Any differences in scope the Senate approves will need to get resolved, potentially in another conference committee, before the branches can send something to Baker.

-- All Eyes On Ways and Means: The House and Senate Ways and Means committees are graveyards every session for myriad bills, but both panels have traditionally spun out bills at an accelerated clip during the last days of formal sessions. The activity on both sides has already ramped up in recent weeks. And with a limited window for action, many of the bills that get out of Ways and Means in the coming days have a solid chance of moving deep into the approval process and even all the way to the Corner Office. Whether it's by design or not, another unfortunate byproduct of fast-moving bills out of Ways and Means is the lack of transparency about what's in the bills, which often advance without debate or explanation....

It's the final week (under Joint Rule 12A) that lawmakers can hold formal sessions, and the Legislature kicks off the week with a pair of informal sessions. The twin informals could hold clues, like reports from the Ways and Means committees, of any additional priorities being raised ahead of July 31....

Senators of both parties will meet for a private hybrid caucus [Wednesday] as the time left for them to make significant action runs down. Senators have been told to expect additional caucuses (and sessions) to be scheduled during the week and the final weekend of July. ... Democratic and Republican senators plan to meet for their second joint caucus in as many days [Thursday], presumably to get on the same page for the final days of formal sessions this year.


State House News Service
Monday, July 18, 2022
Budget Negotiators Invented New Spending Plans In Conference
Rainy Day Fund Would Rise To $7.35 Billion Despite Generous Spend Plans
By Colin A. Young


The final fiscal year 2023 budget that the House and Senate sent to the governor's desk Monday taps into the enormous financial flexibility afforded by strong state tax collections and economic growth to fund investments in early education and care, school funding, behavioral health and safety at the MBTA while also banning child marriage, making phone calls free for the families of incarcerated people and stashing nearly $1.5 billion into savings.

The House and Senate both unanimously approved a compromise $52.7 billion annual budget (H 5050) for fiscal year 2023, which began on July 1 with an interim spending plan in place.

Gov. Charlie Baker will be meeting with GOP governors in Colorado when the last annual budget bill of his tenure lands and he will have up to 10 days to review it and send back amendments and vetoes. Last year, under similarly strong economic conditions, Baker vetoed just $7.9 million in spending. The Legislature's latest late budget could leave Democratic lawmakers with only a tight time window in which they could override or overrule the Republican governor on budget measures before formal sessions end July 31.

Knowing that fiscal year 2022 was about to generate a surplus in the neighborhood of $3 billion, that the state's primary savings account is already poised for a record high and that billions of dollars of federal money remains to be spent, the budget conference committee marked up the fiscal 2023 tax revenue estimate by $2.66 billion to $39.575 billion and then put the additional revenue to use throughout the budget.

The bill contemplates a $1.46 billion deposit to the state's stabilization fund, which would bring it to another record high balance of $7.35 billion at the end of the budget year.

Combined with about $14 billion in federal reimbursements and other sources, the bill lists the "grand total" of funds available for the budget at $54.87 billion.

"This budget builds off of the successes of the last few years and it prioritizes our residents. By reinvesting in the people of the commonwealth, we will continue to assist those recovering from this pandemic while making our economy stronger and more equitable for years to come," House Ways and Means Chairman Aaron Michlewitz said. "We remain mindful of the economic uncertainty on the horizon, but the commonwealth is in a stronger fiscal position to weather the storms ahead."

The conference committee report, which was filed Sunday evening and made Massachusetts the last state in the nation to put a budget in place for fiscal 2023, represents an increase of $5.1 billion or 10.7 percent over the $47.6 billion annual budget for fiscal 2022. Much of that new money is targeted for spending or savings, with lawmakers on pace to also enact $500 million in one-time rebates and $500 million in permanent tax relief.

"We have taken the long view here in the commonwealth because I think we are doomed for failure if we do not embrace sustainability in the budgets that we present to the people of the state of Massachusetts," Rep. Todd Smola, the Warren Republican who represented the House minority caucus on the six-person conference committee, said. "And we do that by investing in those quality programs that matter most to the people in our cities and towns."

When faced with differing House- and Senate-approved spending levels, the six-person negotiating team showed a strong inclination to adopt the higher of the two proposed spending levels. In some instances that reveal the priorities of House and Senate leadership, the conferees sometimes even agreed to a higher spend than was adopted by either branch.

The line item for regionalization incentive grants in the Executive Office of Administration and Finance serves as a dramatic example: The House budget called for $15,145,600 while the Senate plan was for $5,555,000. The conference committee decided to go with $20,675,600 in the final budget, a 272 percent increase from what the Senate approved and a 36.5 percent increase from what the House adopted.

The conference committee also went above and beyond approved spending levels for the University of Massachusetts system, Executive Office of Energy and Environmental Affairs administration, climate change adaptation and preparedness, veterans' outreach centers, state parks and recreational areas, the Safe and Successful Youth Initiative, MassHealth administration, local public safety program grants, the Department of Public Health, substance addiction treatment, children's mental health services, and more.

In at least one case, the budget conference committee created a spending initiative out of whole cloth -- $266.29 million for an MBTA Safety/Workforce reserve that also includes language requiring the Department of Transportation to report monthly on "the status of the department's progress toward responding to each finding and required action as issued by the Federal Transit Administration," which undertook a nearly unprecedented investigation of safety at the T.

While that account that was not funded in either the House or Senate budgets, safety and workforce problems at the T have been an increasingly urgent area of focus for the Legislature and the Joint Committee on Transportation is holding an oversight hearing related to MBTA safety on Monday. At that hearing, MBTA General Manager Steve Poftak estimated that addressing the FTA's directives will cost about $300 million and said Baker is likely to file for more money in a fiscal year 2022 close-out.

Local aid was no exception to the conference committee's general rule for adopting the higher of two proposed spending levels. The final budget went with the Senate's approach, dedicating a total of $1.23 billion for unrestricted general government aid to cities and towns -- a $63.1 million increase that was a priority for the Massachusetts Municipal Association.

"With property taxes tightly capped by Proposition 2˝, cities and towns rely on adequate state revenue sharing to provide municipal and school services, ensure safe streets and neighborhoods, and maintain vital infrastructure. These services are fundamental to our state's economic recovery, success and competitiveness," the MMA wrote to lawmakers as they began to piece together a compromise budget. "This is a very high priority for municipalities throughout the state, as these funds will all be devoted to balancing local budgets and maintaining the local programs and services that residents rely on every day."

Senate officials said the final budget keeps Massachusetts "well positioned to deliver on the promise of high-quality public education" by providing almost $6 billion in Chapter 70 local school funding, a $495 million increase over fiscal 2022 that keeps the state on track to fully implement the Student Opportunity Act by fiscal year 2027. The budget also doubles the minimum Chapter 70 aid per pupil from $30 to $60.

The budget also makes significant investments in early childhood education and care, a sector that's importance and vulnerabilities came into sharp focus when the pandemic closed schools and child care centers, upending the work routines of many parents. The Special Legislative Early Education and Care Economic Review Commission estimated this year that $1.5 billion in investments are needed to stabilize the early education and care system and help it meet the needs of families.

The fiscal year 2023 budget works towards that goal with $250 million in Commonwealth Cares for Children (C3) stabilization grants, $60 million for a rate reserve to increase salaries for teachers and others at subsidized providers, $31.5 million in grants to Head Start programs across the state and $175 million for a new High-Quality Education and Care Affordability Fund that will help fund the implementation of recommendations from the review commission. In a separate bill, the House is proposing to bring in $200 million a year for early education by authorizing online Lottery sales.

"Extension of the C3 Stabilization Grant Program, coupled with an investment in salary increases for early educators serving lower-income children, will be critical for retaining early educators and keeping classrooms open for children and families," Lauren Kennedy, co-president of the Boston early education nonprofit Neighborhood Villages, said. "Moreover, ensuring that state reimbursement for child care subsidies is now tied to enrollment of children, rather than attendance, marks an important change in policy, one that will help to strengthen and build the capacity of the early education and care sector."

Beacon Hill Democrats have advanced their tax relief plans in a separate bill, but a Senate summary of the conference budget highlights calls attention to a smattering of budget provisions that officials said are meant to help families that are struggling with the high (and rising) cost of living in Massachusetts: a 10 percent increase to Transitional Aid to Families with Dependent Children (TAFDC) and Emergency Aid to the Elderly, Disabled and Children (EAEDC) benefits, and increasing the annual child clothing allowance to $400 per child for eligible families.

Rep. Andy Vargas took to Twitter on Sunday night to celebrate that budget negotiators preserved one of his priorities, universal free school meals for all school children across Massachusetts at a cost of about $115 million. "A huge win that provides economic relief for public school parents, removal of social stigma, and most importantly -- less hungry kids and better academic outcomes! So hyped and grateful," the Haverhill Democrat tweeted.

Senate officials said the universal free school meals provision will provide "immediate relief to working families by saving them up to $1,200 every year."

Health Care for All was happy to see that lawmakers included in the final budget a two-year pilot program that "significantly expands" ConnectorCare, the state's subsidized insurance program, to an estimated 37,000 additional Massachusetts residents. The pilot will provide access to coverage with reduced premiums, co-pays, and deductibles for individuals and families up to 500 percent of the federal poverty level -- about $68,000 a year for an individual or $139,000 for a family of four.

"We hear every day on our HelpLine from people who desperately need access to care but cannot afford it. Instead, they delay care or face difficult choices in deciding whether to see a doctor or pay their rent. We are grateful for the legislature's support in ensuring that more Massachusetts residents will have access to the affordable, subsidized, high-quality health insurance program," Health Care For All Executive Director Amy Rosenthal said.

The ConnectorCare expansion pilot, the organization said, will be one of the largest expansions of coverage in the Bay State since the implementation of the Affordable Care Act in 2014.

With the conference budget, the House and Senate are also hoping to expand access to behavioral health care, including $8.2 million to support student behavioral health services at the University of Massachusetts, state universities and community colleges.

The budget bill would also create a new Behavioral Health Access and Crisis Intervention Trust Fund to support "a statewide, payor-agnostic community behavioral health crisis system including ... a behavioral health access line to connect individuals to behavioral health services, including clinical assessment and triage; and a statewide system to deliver behavioral health crisis intervention services 24 hours per day and 7 days per week in mobile and community-based settings, available to all residents without regard to insurance."

The conference committee budget includes $2 million in grants intended to make improvements to reproductive health access, infrastructure, and safety, and more than $2.75 million in funding for LGBTQ initiatives that ensure access to gender-affirming health care, youth-at-risk programming, and stable housing.

The bill also includes a Senate-backed provision establishing a veteran equality review board to ensure that veterans dishonorably discharged under the "Don't Ask Don't Tell" policy receive state-based veterans' benefits.

In the realm of criminal justice, the budget would eliminate probation and parole fees, expand a pilot for medically-assisted treatment of opioid use disorder from five sheriff's departments to each of the state's 14 sheriff's departments, and would require the Department of Correction, sheriffs and the Department of Youth Services to make phone calls, video calls and other electronic communications available free of charge.

Together with a new requirement that correctional facilities limit the prices of commissary items such as food or hygiene products to no more than three percent over the initial purchase cost, the Senate said the budget provisions "will ensure that correctional facilities do not unjustly profit off the basic needs of incarcerated persons."

Massachusetts Communities Action Network said that the compromise budget includes "significant increases" for reentry programs that help formerly incarcerated people find jobs, enroll in job training, secure housing, access health care and more. There is $20 million for the Community Empowerment and Reinvestment Grant Fund (up from $15 million in previous years), $13.1 million for residential reentry programs (up from $11.1 million last year) and $3.75 million for job training for formerly incarcerated individuals (up from $2.5 million).

Between the budget and American Rescue Plan Act outlays, MCAN said the Legislature has recently approved $21.75 million in new funding for reentry programs.


CommonWealth Magazine
Monday, July 18, 2022
State budget is a lot more than just a spending plan
197 outside sections set policy on everything from child marriage to prison commissary prices
By Shira Schoenberg


Fraidy Reiss, who leads the New Jersey-based advocacy group Unchained At Last, has been fighting to end child marriage in Massachusetts for six years, lobbying lawmakers and testifying at hearings.

Supporters created a coalition of 50 organizations opposed to child marriage, and there was no vocal opposition. The first legislative session Reiss was told it was too new of an issue. The second legislative session, the Senate passed the bill unanimously, then COVID hit. This year, as the Judiciary Committee stalled on releasing the bill, House Minority Leader Brad Jones introduced a budget amendment to ban child marriage, which passed the House unanimously.

On Monday, the Legislature prohibited marriage for minors under age 18 as part of the final state budget bill that emerged from a conference committee Sunday. If Gov. Charlie Baker signs the provision, Massachusetts would become the seventh US state to ban child marriage.

Rep. Kay Khan, a Newton Democrat who has been a prime sponsor of the measure for years, spoke passionately on the House floor. “Early marriage undermines a child’s health, education, and future, and future economic opportunities,” she said.

Reiss notes that 59 of the more than 1,200 teenagers married in Massachusetts since 2000 were too young under state law to legally consent to sex. None of these young women were old enough to file for divorce or enter a domestic violence shelter.

Reiss’s reaction to the bill’s passage was a joyous scream. But even she acknowledged the odd path the ban is taking to become law. “Ideally, policy shouldn’t be done in the budget,” Reiss said. “But when you need to end a human rights abuse, you use whatever means are available, and this was the means available.”

In theory, the budget is the vehicle used to fund state government. In practice, the state budget is frequently used as a catch-all policy vehicle, a way to use a bill that is guaranteed to pass to further policies that for whatever reason have not passed as standalone legislation. This year is no different, with policies included in the fiscal 2023 budget that range from extending universal free school meals to all students regardless of income to requiring sheriffs and corrections officials to provide free calls to incarcerated people. Lawmakers sent the bill to Baker on Monday.

Some of the provisions have a clear nexus to state spending. But other “outside sections,” as the policies are called, have little connection to the budget itself.

For example, advocates for certain segments of the Asian community have had a long-running disagreement over what types of demographic information should be collected when a form asks about ethnicity. The concern is that the label Asian-American is overly broad and does not distinguish between distinct ethnic groups.

An outside section of the budget states that any government agency that collects demographic race and ethnicity data must have separate tabulations for a huge number of subpopulations, including Asian groups (like Chinese, Japanese, Filipino, Korean, etc.), Pacific Islander groups (Native Hawaiian, Guamanian, Samoan, etc.), Black groups (African American, Jamaican, Haitian, etc.), Latino groups (Mexican, Puerto Rican, Cuban), and Whites (German, Irish, English, and so on).

Senate Ways and Means Chair Michael Rodrigues said he does not think there is more policy in this year’s budget than usual. “It’s about traditional,” he said. “Anybody who knows me knows that I resist as much as possible making policy changes in the budget vehicles, but it happens every year.” Rodrigues added that often, outside policy sections are necessary to implement spending provisions.

Some policy sections do fit into that category. For example, an outside section creates a scholarship fund to attract more public school teachers from underrepresented populations, and the budget capitalizes the fund.
House Ways and Means Chair Aaron Michlewitz said because so many bills come before the Ways and Means Committees, the budget gives lawmakers an opportunity to pass bills the committee sees as valuable, often those with a financial impact.

For example, the House increased funding for early education and also changed how the money is paid by basing payments on enrollment rather than attendance. The budget in this case provided a way to quickly implement recommendations from an early education commission report that came out in March. “From the House side, there was some more pieces that were financially impactful that had a little more policy in them than maybe traditionally – like no-cost calls [for inmates] and some of the early education pieces,” Michlewitz said.

But many outside sections go beyond that.

The budget bill would set up a new board to ensure that any veteran who received a dishonorable discharge from the US military because of their sexual orientation or gender identity under the former Don’t Ask Don’t Tell policy will receive state-based veteran benefits. The policy banned openly gay and lesbian military members from serving for 17 years, beginning in 1994.

Advocates for the poor have for years been urging government to set up a common application people can use to apply for a range of welfare benefits, rather than having to apply for each benefit individually. The state has made some progress, but the budget would require the administration to create a common application someone could use to simultaneously apply for MassHealth, food assistance, cash assistance, veterans benefits, childcare subsidies, housing subsidies, fuel assistance, and “other needs-based health care, nutrition and shelter benefits.”

The bill sets up a new program under which people with severe intellectual or developmental disabilities can participate in public college campus activities as non-matriculated students – taking undergraduate academic courses or participating in internships, work-based trainings, or extracurricular activities, even if they did not graduate high school or take a college entrance exam.

The bill requires anyone seeking to open a quarry apply to a state geologist for permission, provide information about quarry operations, test for pyrite or pyrrhotite, and conform with state standards for pyrrhotite. This appears to be a response to the problem in parts of Massachusetts where homes’ foundations were contaminated with pyrrhotite, which crumbles over time.

State officials would be required to examine data and publish a report related to the prescribing and treatment history, including court-ordered treatment or treatment within the criminal legal system, of Massachusetts residents who suffered fatal opioid overdoses between 2019 and 2021.

Prisons and jails would be barred from charging more than 3 percent over the purchase cost for commissary items.

The bill would require anyone seeking to open a clinical laboratory independent of a hospital or licensed health clinic to obtain a license.

The Executive Office of Health and Human Services would be tasked with reviewing data and issuing a report to ensure health care services are adequate to meet the needs of people with sickle cell disease.

Amid a debate about whether to let the state construct additional prison facilities, the Legislature would require the Department of Correction and county sheriffs to provide an annual, public report of their housing inventory, capacity, number of inmates held there, and amounts of out-of-cell time offered to incarcerated people.

There are also numerous commissions created to study different issues. A commission would look at the creation of a Middlesex County “restoration center,” where people suffering from mental health problems or substance use disorders who end up in court can be diverted and be taken out of lockups into the center.

UMass Amherst would examine the possibility of constructing a new Massachusetts school of health sciences education and a center for health care workforce innovation at the Mount Ida campus in Newton.

There would be commissions to study oral health, chronic kidney disease, and the history of state institutions for people with intellectual or developmental disabilities.


The Boston Globe
Monday, July 18, 2022
Taxpayer relief would come sooner under Senate’s version
of sweeping economic development bill
By Samantha J. Gross and Matt Stout

The Massachusetts Senate on Monday unveiled a nearly $4.3 billion spending package that includes roughly $1 billion in tax breaks that would take effect this tax year, a year ahead of a similar relief plan that passed the House last week.

Details of the economic development package emerged as lawmakers passed a record $52 billion budget for the new fiscal year, which began July 1.

The tax cuts, which Senate President Karen E. Spilka described as “pretty massive,” include an increased deduction for renters, an increased Earned Income Tax Credit, and an increased child and dependent tax credit. People would be able to claim the deductions when they file their taxes next year.

The House version, which passed unanimously last Thursday, made the tax relief effective in 2023, meaning taxpayers wouldn’t be able to benefit until they filed their taxes the following year.

Like its counterpart in the House, the Senate’s nearly $4.3 billion bill seeks to address the effects of soaring inflation that has made it harder for people to pay their bills. The measure would reduce taxes by nearly $501 million in permanent breaks and another $510 million in one-time relief.

That is slightly less than the House’s bill, which calls for nearly $524 million in permanent tax breaks and $510 million in one-time relief payments.

The proposals are among the largest tax relief measures in Massachusetts in a generation.

“We in the Legislature completely understand the difficulties that many of our constituents are going through in this time of rising inflation,” Senator Michael J. Rodrigues, the Senate’s budget chief, told The Boston Globe on Sunday. “It’s food, it’s gas, it’s clothes. It’s everything.”

Eileen McAnneny, president of the business-backed Massachusetts Taxpayers Foundation, said the Senate’s effort to help taxpayers next year “makes sense” given the pressure they’re feeling.

“One of the purposes of providing tax relief is to provide it immediately,” she said. “Folks are feeling the impact of inflation now.”

Apart from the timing of the tax breaks, the House and Senate largely agree about the contents of the relief package, which increases the Earned Income Tax Credit from 30 percent to 40 percent of the federal level, raises the deduction renters can claim from $3,000 to $4,000, and lifts the child and dependent credits from $180 to $310 per child while removing the cap on the number of dependents a taxpayer can claim.

The Senate’s proposal also would increase a tax credit seniors can claim to offset property taxes or rental costs from a maximum of $1,170 to $2,340, at a cost of $60 million to the state.

The House and Senate are also aligned on a one-time rebate of $250 for individuals who earned $38,000 or more in taxable income last year and $500 for joint filers who earn less than $150,000. Those checks would be sent out by October, lawmakers said.

Rodrigues described the Senate’s plan as “very similar” to the House’s, just “a little different in priorities.”

Legislative leaders are readying for the possibility that the tax breaks take effect earlier. As part of a budget agreement unveiled Sunday, lawmakers proposed a “taxpayer relief fund” that could receive up to $315 million to “support the implementation of new tax relief measures taking effect in tax year 2022.”

Rodrigues called the amount a “good start” for covering the cost of the tax breaks but stressed that the two legislative bodies are not yet on the same page about when they will take effect.

“They have not agreed with us,” Rodrigues said of House officials.

The Senate’s 111-page bill also makes changes to the estate tax deduction that differ sharply from the House’s plan. The Senate’s plan creates a tax credit of $99,600 for estates subject to the state’s estate tax, which leaders said effectively eliminates the so-called “cliff effect.”

The proposal affects about 2,500 estates and costs the state $185 million — about $22 million less than the House’s plan, which changes the estate tax threshold from $1 million to $2 million and taxes only above that amount. The House also raises the tax rate from 16 to 17 percent for the largest estates and applies the higher rate to slightly smaller estates. The new estate proposal would go into effect Sept. 1.

While the plan costs less than the House, the $185 million cost is still a “direct transfer to the wealthiest families in the Commonwealth,” said Phineas Baxandall, a senior tax analyst at the left-leaning Massachusetts Budget and Policy Center.

“It flies in the face of commitments to achieve greater equity in Massachusetts,” he said. “It is a special favoritism that we give to the kind of income that wealthy people tend to have.”

Senate leaders also approved spending increases — in ways both big and small — beyond the House’s budget. They said their proposal would allocate an additional $50 million to struggling hospitals, an additional $225 million for housing production, and an extra $150 million to supplement human service provider rates. It would also set aside another $2.5 million for grants for reproductive care providers, pushing the total past $17 million.

The Senate is also seeking to spend an additional $150 million on grants for child care providers, adding to $250 million legislative leaders already agreed to as part of their budget proposal.

“To have these genuinely eye-popping investments in these areas is an incredible relief to the Commonwealth,” said Senator Adam G. Hines, the chamber’s revenue committee chairman.

The Senate bill also tucks in several policy changes, including a new advisory board to address employee ownership of businesses, a program to assist farmers with state programs and funding, and expanding locations and affordability requirements for starter home zoning districts.

The Senate version of the development bill does not include some provisions passed in the House, such as allowing the state lottery to sell its products online or language that could clear the way for Robert Kraft to build a long-sought soccer stadium for the New England Revolution on a waterfront property in Everett.

Like the House’s version, the bill does not include a suspension of the state’s gas tax, a provision pushed by many Republicans and business groups.

The Senate is expected to take up the legislation Thursday. Assuming it passes, leaders from both chambers will then hash out the details to reach a compromise to send to Governor Charlie Baker, who can sign it, veto it, or veto certain sections of it, among other options.


CommonWealth Magazine
Monday, July 18, 2022
Senate’s $4B economic development bill provides faster tax relief
With time running short, some key differences with House
By Shira Schoenberg


The Massachusetts Senate released a $4 billion economic development bill on Monday that includes some key spending differences from a House bill in areas like education, human services, and housing. The House and Senate are largely in agreement on a $1 billion proposal to reduce a slew of taxes, but with two key differences, one related to the estate tax and another to the timing of when the tax breaks go into effect.

The Senate plans to take up the bill Thursday, leaving just 11 days for the House and Senate to reconcile their differences and get a bill to Gov. Charlie Baker before the legislative session ends.

“This package is broad-based, and we believe will make a meaningful impact to so many Massachusetts residents and working families,” said Senate President Karen Spilka in a State House briefing with reporters. “It leverages the Commonwealth’s current strong revenues and our federal relief to uplift the sectors that have helped us and continue to help us get through the crisis.”

Both the House and Senate versions of the bill would be paid for through a mix of federal American Rescue Plan Act funding, leftover money from fiscal 2022, and bonding. The Baker administration would have flexibility to determine which pot of money to use for each item, since the federal money has certain conditions attached to it.

Lawmakers from the House and Senate agreed in advance on most aspects of the tax plan, and the House and Senate versions are identical in the ways in which they would increase the child and dependent tax credit, increase the earned income tax credit, increase the rental deduction, and increase the senior circuit breaker. Both would also send out $250 rebates for individuals earning $38,000 to $100,000, and $500 rebates for couples earning up to $150,000.

But the Senate would introduce the tax cuts for the 2022 tax year, while the House would not implement them until 2023. “We think that’s important to provide this tax relief immediately,” said Senate Ways and Means Chair Michael Rodrigues.

Evan Horowitz, executive director of the Center for State Policy Analysis at Tufts University, said given that the state has a massive fiscal surplus now, implementing the tax relief in 2022 “is a no-brainer.”

Both plans are fairly similar to a tax relief plan that Baker proposed in January, except Baker did not include the rebates.

The other difference between the House and Senate is in the changes to the estate tax. Both bodies seek to ensure that estates worth less than $2 million do not have to pay the estate tax, which currently kicks in at $1 million. Both also seek to ensure that there is no “cliff effect,” which today requires someone to effectively pay taxes on the entire value of their estate – so an estate worth $999,999 pays nothing while an estate of $1,000,001 is taxed on the entire value.

But the mechanisms of how they do that are different and complex. The House changes the actual tax rates, while the Senate relies on a tax credit to lower taxpayers’ liability. The House plan would result in lower tax rates than the Senate’s plan for most estates over $2 million – with the exception of the largest estates, those worth over $7 million, where the House would impose even higher tax rates than exist today. The cost to the state would range from $185 million for the Senate’s plan to $231 million for a similar proposal made by Baker.

The Senate proposal includes some major expenditures that were not in the House’s plan including: $150 million to extend early education operating grants through fiscal 2023; an additional $150 million to raise rates for human service providers; an additional $225 million toward the construction of affordable and workforce housing; $100 million in new funding for electric vehicle infrastructure; and $50 million more for clean water projects.

Sen. Eric Lesser, who chairs the Committee on Economic Development and Emerging Technologies, said a committee he led that examined the future of work flagged the importance of “work adjacent issues” like housing, childcare, and transportation. This bill, he said, aims to address the housing and childcare issues in several ways, from expanding a tax incentive program that encourages market rate housing development in Gateway Cities to expanding the state’s capacity to recruit and retain early education teachers through scholarship programs.

“One of most important ways Massachusetts can address in our state the inflation we’re seeing is by expanding the productive capacity of the economy here,” Lesser said. He said provisions in the bill related to scholarship funding, higher human service provider rates, and other workforce challenges “are about helping expand capacity in the workforce in the places that are most constrained.”

The Senate bill does not include a House proposal to allow online Lottery ticket sales. Spilka was noncommittal on the policy saying she is “willing to hear from my colleagues on the strengths, advantages, and disadvantages” of allowing online Lottery sales.

Both the House and Senate include money for security at health clinics that provide abortion, $15 million in the House version and $17.5 million in the Senate version.

House Ways and Means Chair Aaron Michlewitz said House and Senate lawmakers had long conversations before the bills were released about tax policy. “These were things we just had some disagreements on going into the floor debates on each side,” Michlewitz said. Michlewitz said he is “hopeful” lawmakers will resolve the disputes by July 31.


State House News Service
Monday, July 18, 2022
Senate Unveils $4.3 Billion Economic Development Bill
Major Spending Decisions Continue As Formals Wind Down
By Chris Lisinski


Senators will vote Thursday on a $4.3 billion economic development bill that would more than double the House-approved investment in human service provider rates and affordable housing construction, and take a different route to long-awaited tax reforms.

Top Senate Democrats on Monday outlined the contours of the bill (S 3018) that will hit the chamber floor later in the week. It combines bonding, federal relief funds and surplus state budget dollars in a single spending package that also features permanent tax changes.

"This is a huge bill," said Sen. Eric Lesser, who co-chairs the Economic Development Committee. "It's part traditional economic development bill, part ARPA bill, part supplemental budget. There's a lot of moving pieces."

The bill is taking shape only eight months after Gov. Charlie Baker signed another $4 billion law allocating federal American Rescue Plan Act funds and fiscal 2021 state budget surplus revenues.

The legislation (S 3018) would spread investments out across the state, focusing in particular on health and human services (in line for $962.5 million in appropriations), environment and climate initiatives ($610 million) and housing ($400 million).

Several areas of spending differ from the $4.2 billion version that cleared the House unanimously last week (H 5034). The Senate bill would bump up Chapter 257 human service provider rate funding to $250 million, or $150 million more than the House bill, and push money available for housing production from $175 million to $400 million.

Other Senate-only measures include $150 million in Commonwealth Cares for Children, or C3, grants for early education providers, building on $250 million in the fiscal year 2023 budget; $100 million for electric vehicle rollout and charging infrastructure; and tripling the cap on Housing Development Incentives Program credits to $30 million to encourage development in Gateway Cities.

The bill calls for nearly $1.39 billion in bond authorizations and about $2.9 billion in direct spending from either state government's pot of remaining American Rescue Plan Act funds or a fiscal year 2022 budget surplus.

Senate Ways and Means Committee Chairman Michael Rodrigues said the non-bond dollars would be "split mostly evenly" between ARPA and the surplus, though a committee spokesperson later clarified that the legislation does not set a limit on how much the administration could draw from either source to execute the spending outlined.

That differs from the House, whose final amended bill included caps limiting the maximum amount of ARPA and surplus spending to nearly $1.43 billion each. Negotiators will need to resolve whether to include an explicit ceiling on ARPA spending in the final bill.

Rodrigues, talking in what he described as "round figures," said the Senate's economic development bill would leave about $1.25 billion of state government's ARPA dollars untouched for future use. However, without a cap in the bill, the exact amount remaining -- and the amount of unspent FY22 surplus -- would be unclear.

State government must obligate all of its remaining $2.3 billion in ARPA funds by the end of 2024. Asked if Senate Democrats were waiting for the next governor to take office in January to decide how to use the final chunk, Rodrigues replied, "It looks like that's going to happen."

"We've spent about half of the ARPA dollars in November. We're spending half of the other half now," the Westport Democrat said. "From the time we authorize the spending and appropriate the spending, for the money to actually get out the door, it takes time."

Senate President Karen Spilka added that spending lawmakers authorized late last year from the federal relief pot is "still going out the door."

"We want the recipients to get that (money), and then we can take a look at what other areas ... may need some increased funding, what new areas might there be, what gaps might there be," she said. "We have to be thoughtful about this, and we have some time."

Like the House, the Senate's economic development bill would also serve as the vehicle for about $500 million in one-time tax rebates and another $500 million in permanent tax relief featuring changes to the earned income tax credit, child and dependent credits, rental deduction, and senior circuit breaker.

But senators diverged on taxes from their colleagues across the hall in two significant ways: the Senate bill would update credits and deductions in time for taxpayers to access them when they file next year, rather than waiting until 2024 as the House bill would require, and it takes a different route to reforming the estate tax.

The Senate bill would double the threshold at which the estate tax kicks in to $2 million, which mirrors the House, but instead of changing rates, it would create a credit of up to $99,600 for all estates.

That credit is equal to the amount of tax burden an estate worth exactly $2 million would face, and Senate Democrats said it would effectively eliminate a "cliff effect" in the current system that subjects the entire value of an estate, not just the amount over the threshold, to the levy.

"It's very easy to administer," Rodrigues said of the proposed estate tax credit. "It's the same way the federal government administers their federal estate tax provisions. Second, it's the most progressive, so it gives the benefit to those estates closer to $2 million than the larger estates, and third, it does not actually add taxes like the House did where they increased taxes to the highest estates."

Senate Democrats estimate their estate tax proposal would cost Massachusetts $185 million, $22 million less than the House bill and $46 million less than Gov. Charlie Baker's reforms filed in January.

The chamber plans to debate the bill during a formal session on Thursday, when senators could swell its bottom line even further through amendments, which are due by 5 p.m. Tuesday. The House Ways and Means Committee version hit the floor with a bottom line of about $3.8 billion, and the bill grew to $4.2 billion by the time that chamber finished packing on earmarks and additional spending initiatives.

One area of debate could be whether to authorize the Massachusetts Lottery to sell its products online. The House folded in that policy change, and top Senate Democrats omitted it from their rewrite of the bill.

Spilka, Rodrigues and Majority Leader Cynthia Creem all voted against an online lotto amendment in 2016, when the Senate embraced the idea but the House rejected it. This time around, the House earmarked the revenue from an online Lottery to early education, a Senate priority, and forecast $200 million in new aid.

"Certainly I'm willing to hear from my colleagues and hear the strengths and advantages and disadvantages," Spilka told reporters Monday. "Things change constantly, particularly with anything like an online lottery, so we will have some discussions and get a sense from the members where they're at."


State House News Service
Thursday, July 21, 2022
Senate Bulking Up $4.3 Bil Economic Development Bill
By Chris Lisinski


Senators kicked off debate on a "kitchen sink" economic development bill Thursday by quickly and quietly tacking on more than $86 million to its $4.3 billion bottom line.

At the outset of a formal session to consider the wide-ranging legislation (S 3018), the Senate approved a bundle of 147 amendments with a single voice vote and rejected another 143 amendments in the same manner.

No senators spoke about the contents of either package, which appear to feature mostly earmarks for local packages. A Senate Ways and Means Committee spokesperson said the group of successful amendments added about $25.5 million in direct spending and $60.7 million in bond authorization.

Combined with amendments already withdrawn, the quick action on the bundles leaves about 230 amendments for senators to consider as they continue debate, which could stretch well into Thursday night or into Friday. Many high-profile proposals remain on the table, including measures that would overhaul the tax relief top Democrats wove into their bill.

The bill, which carried a price tag at the start of debate about $100 million higher than version the House approved last week (H 5034), calls for about $1.4 billion in bonding and a combined $2.9 billion in spending from the state's fiscal year 2022 budget surplus and untapped American Rescue Plan Act funds.

"This comprehensive economic development package before the body is what we are calling down in Senate Ways and Means 'the kitchen sink bill,'" said committee chair Sen. Michael Rodrigues. "It is a thoughtfully crafted and multifaceted $4.3 billion bill making an array of strategic investments, authorizing capital spending, and it proposes immediate and real tax relief for the citizens of Massachusetts."


State House News Service
Thursday, July 21, 2022
Dems Again Let Some Leverage Flow To Governor
By Michael P. Norton


Unable to agree on scores of major bills, top Democrats in the Legislature are on the verge of ceding some of their power to Republican Gov. Charlie Baker.

After Thursday, Baker can technically hold on to bills sent to his desk until after July 31, when lawmakers are scheduled to wrap up formal sessions for this two-year meeting of the General Court. Almost 19 months into the session, Democrats could have avoided the scenario by shifting their work ahead by just two weeks, but have instead chosen to embrace their longstanding approach of leaving lots of work until the very end.

The changing dynamic may give Baker some leverage in negotiations over myriad proposals bouncing between the branches. It also puts at some risk the Legislature's ability to have its way on the reproductive rights bill crafted in response to the U.S. Supreme Court's overturning of the landmark Roe v. Wade decision.

Baker in 2020 vetoed the ROE Act, a sweeping abortion rights bill, citing concerns with sections dealing with abortions later in pregnancy and the age of consent for the procedure. The Legislature left itself enough time that session to override that veto.

The conference committee now trying to come up a late-session accord on a bill that also includes new measures to ensure equitable access to gender-affirming care is wrestling with different policy approaches to later-term abortions. The House bill adds "severe fetal anomalies" to the list of allowable reasons for an abortion after 24 weeks of pregnancy, while the Senate bill instead seeks to clarify the language in the existing law. Both bills include measures favored by the governor, but his ultimate views on the entire bill are unknown.

House and Senate Democrats have also been unable to find common ground on other major bills that have cleared each branch, affecting mental health care access, legalizing sports betting, a more than $10 billion infrastructure bond bill, bills to make the cannabis sector more friendly to businesses, and a pair of bills affecting veterans and state-run soldiers' home operations.

And Democrats are leaving two huge topics -- economic development and tax relief -- to the last minute. The House last week approved a $4.2 billion proposal, and the Senate on Thursday is tackling its version of the bill, which will need an accelerated negotiation to reach the governor by next Sunday, July 31. Senators have filed 631 amendments to their bill, which will increase differences between the House and Senate bills.

One historic casualty of late-session rushes to enact bills is fair notice, with lawmakers more prone to pass bills quickly and without debate rather than slowing things down to ensure widespread public understanding of proposals and to give legislators enough time to understand what they are voting on.


CommonWealth Magazine
Thursday, July 21, 2022
House passes gun bill as amendment to bond legislation
Move angers gun group, which was given no advance notification
By Shira Schoenberg


The Massachusetts House on Thursday quickly introduced and passed provisions tightening gun licensing standards in response to a recent US Supreme Court decision.

With just 10 days to go before the end of formal legislative sessions this year, House Speaker Ron Mariano announced Thursday morning that the House had reached an agreement with the Senate, in consultation with Attorney General Maura Healey, “to expedite legislation needed to come into compliance with the Bruen decision while proactively safeguarding existing components of our gun laws from future challenges.”

Mariano said House and Senate lawmakers agreed to deliver a “tailored proposal” to Gov. Charlie Baker’s desk by July 31.

The sudden action on guns, which was passed as an amendment to a bond bill Thursday evening, angered gun rights activists. Jim Wallace, executive director of Gun Owners Action League, a gun rights lobbying group, said he “cannot even describe how angry we are” that gun owners were not consulted. “The very people that were affected by the Supreme Court decision and are going to be affected by whatever they do today, we didn’t even get the courtesy of a phone call to say hey what do you think about this?” he said.

If the provisions become law, Wallace said there will “absolutely without a doubt” be a legal challenge.

The amendment passed by a vote of 122 to 33, with five Democrats joining all the House Republicans in voting no.

The Senate plans to take up a version of the bill next week, which will have to be reconciled with the House version before it goes to Baker.

“Senate leadership looks forward to continuing to work with House leadership and the Office of the Attorney General to ensure quick passage of legislation that will allow us to be in compliance with the Bruen decision while defending the Commonwealth’s gun laws, which are very effective at keeping our residents safe,” Senate President Karen Spilka said in a statement.” We plan to review the House’s final proposal and act expeditiously to get a bill to Governor Baker by the end of this session, and continue our efforts to strengthen our effective gun laws next session.”

The US Supreme Court decision in New York State Rifle & Pistol Association v. Bruen struck down a New York law that required someone who wanted a license to carry a concealed weapon to prove they had “proper cause” for needing a concealed weapon. The decision had ramifications for similarly crafted laws in other states, including Massachusetts.

After the ruling, Healey issued guidance saying that licensing authorities could no longer enforce a provision of Massachusetts law that allowed a gun license to be restricted or denied if an applicant lacked a sufficiently good reason to fear injury to person or property.

Healey said police chiefs would continue to have discretion to decide if a license applicant is “unsuitable” to obtain a gun license, although some experts suggested the Bruen ruling would make this provision ripe for a court challenge.

Healey spokesperson Chloe Gotsis said the attorney general’s office will continue to work with lawmakers. “We look forward to continuing to work with them next session to further strengthen our gun laws and protect public safety,” she said.

House Judiciary Committee Chair Michael Day will continue working on a larger, omnibus gun bill over the next few months, for consideration in next year’s legislative session. “Our proposal will consider everything from updating our firearm licensing and training framework, to clamping down on evolving technology designed to circumvent our safety laws, to refining tools that help identify individuals who pose a danger to themselves or others,” Mariano said. 

The provisions considered Thursday were introduced as an amendment, sponsored by Day, to an information technology bond bill for the judiciary. Day called it a “tightening up” of the “safety net” that was loosened by the Bruen decision. “We’ll be tightening up, correcting some of the lapses we had in that law so that the individual who’s a prohibited person from obtaining a license to carry will be more clearly defined,” he said.

The amendment eliminates the now-unenforceable language requiring someone to show “good reason” to obtain a gun license, and generally removes language that gives discretion to licensing authorities in favor of more concrete standards.

It adds two categories of people to those who are prohibited from getting a gun license: someone subject to a harassment prevention order, and someone who poses a risk of danger to themselves or others by possessing a firearm.

Rather than giving police chiefs discretion to determine who is “unsuitable” for a gun license, as is the law today, it sets a standard to require “reliable, articulable, and credible information that the applicant has exhibited or engaged in behavior suggesting that, if issued a license, they may create a risk to public safety or a risk of danger to their self or others.”

It also reduces the amount of time a gun license is good for from six to three years, ensuring more frequent reviews, and it codifies a requirement for an in-person interview with a licensing authority before someone can obtain a gun license.

Day said the licensing system currently works and makes Massachusetts one of the safest states in the country for gun violence. That’s why he said he wanted to better define the “suitability” standard rather than eliminate it. “People have freedom to apply for firearms,” Day said. “We want to make sure that our licensing authorities are considering who should actually get them, who’s safe and who’s not, who’s a responsible gun owner and who’s not.”

On the House floor, Day said, “Our system works, and we trust our local law enforcement professionals, those who know us best, to implement that system. This is a necessary step to ensure licensing authorities can continue to do that work.”

Wallace said he believes keeping the suitability standard is unconstitutional, even with the new language, because there is no objective standard for determining if someone poses a threat. “It’s purely subjective, it will not pass constitutional muster,” Wallace said.

Wallace also worried about cutting the license term in half, since that doubles the licensing fee and will burden municipalities that already have backlogs for processing license renewals. He also said there is no need for an in-person interview now that the courts have determined there cannot be subjectivity in licensing.

“Gun owners are not going to be happy this was done in secret and stuffed into a bond bill,” Wallace said.

House Republicans tried unsuccessful procedural maneuvers to delay the vote.

Rep. Paul Frost, an Auburn Republican, said during debate that he is hearing opposition from police chiefs who say requiring an interview every three years, rather than giving an option for an interview every six years, “is going to be an administrative nightmare.” He compared the doubling of the fee to implementing a “poll tax,” since both voting and gun ownership are a constitutional right.


CommonWealth Magazine
Wednesday, July 20, 2022
Compromise climate bill coming down to the wire
Measure would allow 10 communities to ban natural gas hookups
By Bruce Mohl


House Speaker Ron Mariano tweeted that the Legislature will vote on a compromise bill to combat climate change on Thursday, presumably by suspending rules designed to give lawmakers proper notice of a bill coming up for a vote.

Officials said House and Senate negotiators reached agreement on the bill Wednesday afternoon but technical drafting issues continued past 8 p.m., the deadline for giving proper notice.

The bill attempts to combine a House proposal heavily geared toward the development of offshore wind with a Senate proposal focused more on the adoption of electric vehicles, solar policy, and reducing the reliance on fossil fuels in construction.

House and Senate officials said they were pleased with the final bill, which they said combines the best of both their approaches. Their negotiations began on May 20.

Details on the compromise bill were not available Wednesday night, but officials said new surcharges on utility bills that had been proposed as a funding mechanism in the House legislation are not included in the final bill. The Senate proposal relied on state surplus funds and federal aid to capitalize trust funds.

The compromise legislation also allows 10 communities to bar natural gas hookups in new construction, but the prohibition comes with some caveats designed to address concerns raised by the Baker administration.

The legislation, for example, would not allow fossil fuel infrastructure to be banned in life science labs and bans would only be permitted in communities where 10 percent of the housing qualifies as affordable. Under that definition, Arlington, Newton, and West Tisbury would not qualify unless they increase their amount of affordable housing.

“Massachusetts needs to open up huge new sources of green electric power if it’s to stay on course for reducing emissions. Today’s compromise aims to ramp up clean power, especially offshore wind but also solar, storage, and networked geothermal, and run it through cars, trucks, buses, and buildings, the biggest sources of emissions in the state,” said Rep. Jeff Roy of Franklin and Sen. Michael Barrett of Lexington, in a statement.

“We thank President Biden for issuing a call to action to the entire country today,” the two lawmakers said. “Massachusetts legislators hear him, and we’re going all out.”


The Boston Herald
Sunday, July 24, 2022
A Boston Herald editorial
Gov. Rubber Stamp nightmare


Orange Line passengers had to jump for their lives into the Mystic.

A Democratic state rep is fighting a petition campaign backing a ballot question to repeal the law giving driver’s licenses to illegal immigrants. He’s being applauded instead of condemned by his party.

This comes as the Democratic-controlled Legislature remains out of touch with the over-taxed and inflation-stressed citizens of Massachusetts.

Bay State Attorney General Maura Healey is watching all this unfold nicely while running for governor with the November election closing like a runaway T train. That’s an apt analogy because if no one can slow her down, Healey will be the rubber stamp Beacon Hill has been salivating over since Deval Patrick took his drapes and headed off into the private sector.

Healey is now being asked to step in and stop fellow Democrats from intimidating petition seekers trying to let voters decide if the Legislature got it right by giving illegal immigrants a fast lane to a license.

Why does she even need to be asked? Collecting signatures so voters can be asked if they support or reject a law passed by the one-party bosses on Beacon Hill is called democracy. We’re a blue state, not a fiefdom.

GOP gubernatorial candidate Geoff Diehl is now joining MassGOP in calling out Healey.

“I am calling on Maura Healey to do her job and join with me in condemning attacks on people gathering signatures for a ballot question to repeal the law giving driver’s licenses to illegal immigrants,” Deihl wrote.

“I support these signature gatherers’ right to exercise their political liberty free from intimidation, harassment and physical violence. I expect Maura Healey — who is currently our state’s top law enforcement official — to do the same thing notwithstanding her personal political leanings.”

It’s a savvy political move on Diehl’s part, while he’s in a primary race with fellow Republican Chris Doughty, but it’s also embarrassing. This is a glimpse into the future if Maura Healey is elected governor.

Healey is playing it safe by not making waves while AG. That’s exactly what this state does not need. Massachusetts is home to John Adams and the first draft of the U.S. Constitution. We need bold leadership from those who are willing to take an unpopular stance for the greater good.

Stop intimidating those collecting signatures for a ballot initiative. We’re talking to you state Sen. Jamie Eldridge (D-Acton).

He told the Herald more than a week ago he is proud to be protesting signature gatherers attempting to overturn the state’s new immigrant license law.

“I have been proud to support the Work and Family Mobility Act, and oppose the effort to repeal the law, sharing with voters my point of view,” he said trying to explain why he’s showing up at grocery stores as signatures are being collected.

It’s very clear he is worried the law will be overturned if everyone — in the privacy of the ballot box — can vote. They won’t need to face hurtful accusations from the left. They will just be able to vote in peace.

Maura Healey needs to say so. She needs to move on anyone who goes too far — and we state here that Jamie Eldridge has gone too far.

But we won’t hold our breath waiting for Maura Healey to quickly condemn fellow Democrats for being out of line. No. She’s all in on being Gov. Rubber Stamp.


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