Citizens for Limited Taxation & Government
18 Tremont Street #608 * Boston, MA 02108
Phone: (617) 248-0022 * E-Mail: cltg@cltg.org
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*** CLT&G UPDATE ***
Wednesday, March 14, 1997
From: State House News Service
Date: March 13, 1997
Subject: Mass. Legislature Passes Toll Increases in a Fast-Track Day
HOUSE.....SHNS....MAR. 13, 1997.....The House convened at 1:05 pm, Speaker Thomas Finneran presiding. The prayer was offered by Father Robert Quinn.
LATE FILES.....On voice vote the House admitted late filed bills on abused children, tax reductions for members of the military, a Worcester firefighter, collective bargaining at the MBTA and establishing Robert Goddard Day.
GOVERNOR'S MESSAGES.....Messages from the governor were received and referred to their respective committees on reinstating the death penalty (Criminal Justice); restructuring the electric utility industry (Government Regulation); gun crimes (Criminal Justice); improving access to reproductive health care (Judiciary)
RESOLUTIONS....The House adopted 12 congratulatory resolutions on voice vote.
COURTHOUSE BOND.....Question came on concurrence with Senate amendments to H 1635 courthouse bond bill. On voice vote the House did not concur with the amendments. Rules were suspended and the speaker named Reps. Haley, Rogers and Guerriero to a conference committee.
MHS....Question came on S 1709 Metropolitan Highway System as engrossed by the House.
On voice vote the bill was ordered to a third reading.
Rep. Slattery moved an amendment changing lines 267 and 275 and adding a section stipulating that tolls would not rise.
Rep. Slattery said the amendment would freeze the tolls on the harbor crossings. We've been told this bill does not raise tolls. I dispute that. We are giving the Turnpike Authority these sections of road in the anticipation that they will raise the tolls. We can't run from the reality that these tolls will rise if this bill passes. We've been told repeatedly that the reason we're doing this is to fund the state's share of the Big Dig. The state is going to raise $25 million to $50 million in tolls and use that to fund its $450 million obligation. I have a problem with that. My district receives little or no benefit from the toll hikes, no more benefit than the rest of the state. The whole state should share the burden, not just the area of my district. The Mass. Taxpayers Foundation report talks about two sure-fire tax increases coming, and I'm telling you there's going to be further toll hikes. We're creating an authority with full power to raise tolls. We're creating this new authority to pay off the bonds needed for this project. Where are we going to come up with the money to pay for the administrative costs of the Turnpike Authority? The transportation secretary says he won't raise tolls one more nickel than he has to, which means nothing. That means if he needs to raise them to $20, he'll raise them to $20. We're rushing this bill through. We learned today that we're going to receive $130 million more from President Clinton's bill than we thought, but we're still pushing this through today. We don't even know whether we need toll hikes. We need to come up with a funding formula that is fair and equitable, and a formula that will pay for all our capital needs. This is not the formula. We should take the time to come up with something that works.
HOUSE.....2.....SHNS.....MAR. 13, 1997
Rep. J. Sullivan said the North Shore delegation has done a good job helping me put together this bill. I don't think we're rushing this through. The governor first put forward an MHS bill in January of 1995. We told the governor to go back and come up with a funding plan, which they did in December of 1995. No one is rushing to judgment. Nor are we running from reality. This is a very responsible piece. We in the Legislature are not in the toll business. The tolls stay where they should be - with the Turnpike Authority and the Mass. Port Authority. We have good news from Washington. It looks like we will have more money to work with than we planned for in the worst case scenario. To date, not one nickel from the Tobin Bridge has gone to the Big Dig. If the authorities decide on toll adjustments, they are required to hold public hearings before raising tolls, on the bridge or elsewhere. They are also required to prepare reports on frequent-user passes for people in Rep. Slattery's district if they want to increase tolls. We definitely are facing an April 1 deadline. Federal officials came here and told us, unequivocally, that we must have a plan in place by that date. I hope the amendment is defeated.
Rep. Angelo said the chairman of Transportation has done a good job facing a problem he did not create. Right now a typical Tobin commuter spends $130 a year on tolls. If the toll doubles, it goes to $260. It would go to $520 a year, for a working-class person, $520 a year, if the toll goes to $2 on the bridge. If the toll gets raised, that's when your phones will start to ring. Next time you drive on the bridge, notice that the electronic signs are all set to go to a toll of $3 or $4.
Rep. DeLeo said the chairman of Transportation has made some improvements in the bill as it was presented to us. Although the bill itself is silent as to tolls, the reality is we are looking at possible increases of 200 percent. I do not know why the commuters of the North Shore must bear the whole burden when the project will benefit the entire state. The text of the bill explicitly says the aim is to benefit everyone in this state. The analogy between this and the Boston Harbor cleanup is amazing. Once again, a small group is being asked to pay for improvements that accrue to everyone. When the bonds for both the bridge, and the Turnpike, were paid off, the tolls were supposed to be revoked. Let's not break another promise.
Rep. Nagle now in the chair.
Rep. Reinstein said the Senate a short half hour ago passed this bill in lightening fashion. Rep. Sullivan has been fair and done an outstanding job. This plan spells disaster for those of us who live on the North Shore. We're talking an inequity that extends far beyond tolls. The governor took down tolls in the western part of the Turnpike because it was fashionable, and now this bill will hurt our area of the state. We're paying the water bills. When is it going to stop? The committee had a job to do and we understand that. But we have to provide maximum protection for the people we represent.
On voice vote the amendment was rejected. Rep. Angelo requested a roll call, but there was not sufficient support. Rep. Angelo doubted the presence of a quorum.
After a recess, Rep. Angelo withdrew his request for a quorum roll call.
HOUSE.....3.....SHNS.....MAR. 13, 1997
COPS....Rep. Connolly offered an amendment requiring Massport to provide money to Everett, Revere and Malden to control the additional traffic on city streets.
Rep. Connolly said if tolls are increased on the Tobin Bridge, then the bridge will pay for police officers to monitor the traffic in the cities of Everett, Revere, and Malden. When the toll went from two-way to one-way, traffic increased on Route 99. There are already is too much traffic on the road. This is a real problem, we've already seen this happen. This is very much a public concern in the community. I happen to live on Route 99. The traffic starts at 5:30 in the morning. This is an important issue in the city of Everett if the toll is increased on the bridge. The secretary of transportation said he would be glad to negotiate with any community affected by toll increases. That's nice to hear, but let's see it happen. I want to see this in print for the people of the North Shore. I ask that a vote be taken by a roll call.
Rep. Sullivan said I want to thank the gentleman from Everett for his concern. I respect his concern for this issue, and he has done a tremendous job of enlightening me to the possible effects toll restructuring would have on his community. We do not know what impact it will have. It is truly speculative. It is my understanding that the secretary has made a commitment to working out an arrangement with the gentleman from Everett. We have created a public hearing process in the legislation should there be any talk of a toll readjustment. That is not the current law - that will be the new law. It is my sense given the public hearing process, the secretary's commitment, and the unknown impact that we should not adopt this amendment.
Rep. Angelo offered an amendment to section 1 requiring the Turnpike authority and Massport to prepare reports and submit them to the Legislature before tolls are raised.
Rep. Angelo said this is a very common sense amendment - when you try to raise tolls, traffic may try to avoid them. People on the North Shore may try to avoid the Tobin Bridge and use 93 if tolls are raised. We don't know what the impact will be. When our governor chose to save the good people of Wellesley 25 cents, the impact of the traffic was felt off the exit. My daughter goes to Babson College. I started using exit 16. What happens when people see tolls going into Boston, and choose not to come downtown, and instead go to their local mall? We don't know what the impact will be. This amendment requires both economic and environmental impact reports. I hope the amendment is adopted.
Rep. Wagner said I would again point to the public hearing process that is already in this bill. While I concur with the gentleman regarding the concerns he expresses, it is speculative with regard to what might happen. I hope the amendment is not adopted.
Rep. Slattery said the impact on diverted traffic from Route 93 is not guesswork. When you raise those tolls, there is no other way for North Shore commuters to get into Boston. This black hole of a project has taken all of our transportation money in the last five years. When you start diverting this traffic - and it will be diverted - it will take more than two hours to make it into Boston. I hope the amendment is adopted.
By voice vote, AMENDMENT REJECTED.
HOUSE.....4.....SHNS....MAR. 13, 1997
Metropolitan Highway System to the Massachusetts Highway Department once bonds are paid off.
Rep. Slattery said this puts into position a sunset provision for the MHS. Let's do this for everyone. According to the terms of this bill, bonds which are not subject to our approval, are bonds for repair and maintenance. This law tells us that when the debts are paid off, all he has to do is reissue a bond for the operation for 20 years, and boom, we can't sunset it. The Metropolitan Highway System should be sunsetted, and I hope a vote is taken by a roll call.
Rep. Sullivan said I appreciate the gentleman's comments. If you look at this bill, page 18 section L, it clearly does state that the majority of the Legislature would need to give a vote of affirmation and the governor needs to give his support, if we were to expand upon the parameters of the MHS. We don't yet know the full cost. We got some very favorable news from Washington yesterday, and we hope that it continues. This bill in front of year tightens up the legislative role of the turnpike. Our successors will have the opportunity to decide if they want to continue the MHS operations in 2002 or 2003, God willing.
BY A ROLL CALL VOTE OF 33-117, AMENDMENT REJECTED.
Rep. Angelo offered an amendment replacing sections and establishing a commuter discount program, but then withdrew his amendment.
Rep. Stanley offered an amendment banning toll hikes on the Tobin Bridge until the Newburyport rail line is 50 percent complete. Rejected on voice vote.
Rep. Stanley offered an amendment calling for tolls on the Turnpike to go up in tandem with tolls on the Tobin Bridge. Rejected on voice vote.
Rep. Stasik offered an amendment concerning authority advisory boards. Rep. Stasik said this is a most appropriate bill for me to make my first speech. Two years ago I had the chance to work with Reps. Gardner and Sullivan and they carried my thoughts to the floor. I desperately wished for the chance to speak on the floor. So perhaps it was my destiny to speak on this issue on this day. I am honored to represent the people of Framingham, and it is in their interest I now rise. I am proposing that we expand the authority of the MHS Advisory Board to the budget of this project, and to land acquisitions by the authority.
Rep. Stasik was applauded for his maiden speech, and congratulated by Rep. Nagle.
Rep. J. Sullivan said I congratulate the gentleman. I think he knows this Legislature is going to exercise a great deal of oversight of this project. There will be many reports about finances. We have tightened up our control and oversight on the Turnpike. The creation of these advisory boards will shed some additional light, and perhaps some heat, on this project.
On voice vote the amendment was rejected. Rep. Stasik asked for a roll call but there was insufficient support.
HOUSE.....5.....SHNS.....MAR. 13, 1997
Rep. Stasik offered an amendment requiring submission of plans to the advisory board. Rep. Stasik said I would ask members to consider very seriously allowing the Turnpike Advisory board to review budgets and land acquisitions.
Amendment rejected on voice vote.
Rep. Stasik offered an amendment expanding the membership of the MHS Advisory Board.
Rep. Stasik said we are talking about the release of hundreds of millions in bonding. This process needs to be open. Everybody should be at the table. There should be five members on the authority rather than three.
By voice vote, amendment REJECTED.
Rep. Stasik offered an amendment adding a representative of a municipality.
Rep. Stasik said one member should represent a community in the corridor.
It's a minor change.
By voice vote, amendment REJECTED.
Rep. Harkins offered an amendment adding a section requiring a study of the feasibility of collecting tolls at certain points on the borders of Vermont, NH and RI..
By voice vote, it was REJECTED.
Rep. Stasik offered an amendment raising landing fees at MassPort-owned airports. Rep. Stasik said this adds a dollar to the price of the ticket for everyone who lands at Logan Airport. This is an legitmate increase in that it follows the law's dictates that the relevant authorities receive the power to raise revenues for road improvement to help authority purposes.
On voice vote the amendment was rejected.
Rep. Stoddart offered an amendment authorizing new civil penalties. Rep. Stoddart said this is a good government amendment. The bill authorizes the counsel of the MHS to create criminal penalities. We are authorizing a bureaucrat to establish new criminal statutes. That's unheard of. And appeals of violations are heard by the MHS itself. If I damage an MHS piece of equipment, I'm liable under new criminal statutes. And then I am subject to the judgment of the same bureaucrat who created the statutes. This allows civil regulations, but not criminal penalties.
Rep. Stoddart called for a roll call but there was insufficient support. Rep. Stoddart received permission to speak and said let the record show there was one person standing for due process.
Rep Stoddart offered an amendment giving the Legislature a vote before tolls were raised, spoke briefly and withdrew the amendment.
HOUSE.....6.....SHNS.....MAR. 13, 1997
Rep. Stoddart offered an amendment stipulating that tolls could not go up more than five cents or 10 percent. Rejected on voice vote.
Rep. Stoddart offered an amendment calling for regulatory offenses be adjudicated by someone other than the authority establishing the offense. Rejected on voice vote.
Rep. Guerriero offered an amendment requiring legislative approval of toll increases. Rejected on voice vote.
Rep. Stefaini offered an amendment but withdrew it.
Rep. Parente offered an amendment stipulating that an exit on the Turnpike be subject to tolls. Rejected on voice vote.
Rep. Parente offered an amendment stipulating that tolls would not be raised unless federal funding dropped. Rejected on voice vote.
Rep. Kaprielian offered an amendment returning control of the Turnpike to the Highway Department once bonds were paid off.
Rep. Kaprielian said this amendment is about consistency. This bill would sunset tolls in the western part of the state, but apparently the sun doesn't set in the eastern part. This amendment would include that section of the Turnpike now called the Boston extension in the sunset provisions of the bill.
Rep. Locke said the only tollbooth in the western section not sunsetted is in my district. People have been critical of the Turnpike Authority for 45 years. My people have been paying for that long, and mine is the only community that would continue to pay. This bill is bad for everyone, but most especially for the people of my district.
Rep. Stefanini said this is an issue of equity. We were told for years that the tolls were supposed to be sunsetted and the road turned over to the Highway Department. This amendment would change the word “may” in current law to “shall” so we keep our earlier promise.
Amendment rejected on voice vote.
Rep. Angleo offered an amendment and said this is a fairness amendment. It would set up a frequent-commuter program. This would, as I said, raise the annual cost of living by hundreds of dollars for my people. In the past, we have had a sticker program that took 40 percent off the price of the bridge. But the program was ended. This amendment would guarantee that before any toll is raised, the program is restored. This House has already voted against fairness by voting against tolls on the Southeast Expressway and elsewhere. Now let's restore some fairness with this amendment.
HOUSE.....7.....SHNS.....MAR. 13, 1997
Rep. J. Sullivan said I have worked with Rep. Angelo and I had hoped we could come to a mutual solution of this situation. Actually I think we do have a solution within this bill. This bill calls for an examination of commuter pass programs. But I want the authority to come back to us with a recommendation on July 1 after a careful study. This legislation calls for a more careful approach. And the legislation calls for a public hearing before any tolls are increased. We have strengthened the public's role in terms of tolls.
Rep. Slattery said all this bill says is that we will study the study once it's done, not that we'll actually set up a program. That's not enough.
Speaker Finneran now in the chair.
BY ROLL CALL VOTE OF 42-107 AMENDMENT REJECTED.
Rep. Nagle doubted the presence of a quorum.
A QUORUM ROLL CALL INDICATED THE PRESENCE OF 144 MEMBERS.
Rep. Knuuttila said people out know that “may” means “no” and “shall” means “will.” They know we can do something else later. In the words of George Lucas, a long time ago in a galaxy far, far away we made a promise.
Rep. Knuuttila was applauded and congratulated on his maiden speech.
The amendment was REJECTED on voice vote.
Bellowing, Rep. Cohen doubted the vote and asked for a call of the yeas and nays.
As House Speaker Finneran called off the standing members in each division, he said to one monitor returning the count, that's why you didn't get Ways and Means, to much laughter. Then, said the speaker, Rep. Bellotti shows promise.
There was support for a roll call.
ON ROLL CALL VOTE OF 121-28 THE BILL WAS PASSED TO BE ENGROSSED.
Reconsideration was moved and rejected.
The speaker said the chair would like to get the bill to the govenror's desk today. If we can do enactment on voice vote, if the members will agree to that, we will do so. Otherwise members will have to remain here for the roll call.
Question came on attaching an emergency preamble. On standing vote of 55-1 the preamble was attached.
Rep. Nagle congratulated the chair, vice-chair and staff of the Transportation Committee.
HOUSE......8.....SHNS.....MAR. 13, 1997
GOVERNOR'S MESSAGES.....Two governor's messages were read in and referred to Local Affairs. They dealt with validating acts in North Reading and promotions in Sandwich.
HIGHWAY BILL.....Question came on enactment of the MHS bill. On voice vote the bill was enacted. Rep. Sullivan moved reconsideration and it was rejected.
ADJOURNS.....The House adjourned at 5:51 pm to meet again on Tuesday at 11 am and Thursday at 11 am, both in informal sessions.
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