Massachusetts Legislature Passes FY22 Budget

 

Massachusetts Legislature Passes FY22 Budget

The Massachusetts State Legislature on Friday unanimously passed a $48.07 billion budget for Fiscal Year 2022 (FY22). This budget maintains fiscal responsibility, does not cut services, and makes targeted investments to address emerging needs, safeguard the health and wellness of the most vulnerable populations and ensure residents will benefit equitably as the state recovers from the impacts of the COVID-19 pandemic.

"With this budget, we can continue our work of getting back to better with a focus on increasing resources for services that are critical to everyday life in the Commonwealth," stated Senate President Karen E. Spilka (D-Ashland). "This compromise proposal, which does not draw from our rainy day fund, helps prepare us for the road ahead by investing in mental and behavioral health services, Family Resource Centers, early education and care, K-12, and more, along with providing additional supports for vulnerable families. I want to thank my partner, House Speaker Mariano, as well as Senator Rodrigues, Representative Michlewitz, the members and staff of Ways and Means as well as my colleagues and their staffs for their collaboration in advancing this proposal."

"As we recover from uncertain times during the COVID-19 pandemic, the Legislature is proud to deliver a budget that thoughtfully grows the Massachusetts economy, spurs job training and employment opportunities, expands services and programs, and invests in our long-term priorities, such as growing our Stabilization Fund and implementing the Student Opportunity Act," said Speaker of the House Ronald J. Mariano (D-Quincy). "I am proud of my House colleagues and would like to thank Chair Michlewitz, Vice Chair Ferrante and Assistant Vice Chair Donato for their diligent work during this process. I would also like to thank Senate President Spilka and her colleagues in the Senate for their hard work and collaboration."

Taking into consideration strong tax revenue performance in Fiscal Year 2021 (FY 2021), the final FY22 conference report increases revenue assumptions by $4.2 billion over the December consensus revenue projection for a new tax revenue projection of $34.35 billion. The FY22 budget does not make a withdrawal and instead transfers funds into the Stabilization Fund, projecting an estimated balance of approximately $5.8 billion for this crucial 'rainy day' fund at the end of the fiscal year.

Notably, the Legislature provides substantial funds in the FY22 budget to invest in the Commonwealth's long-term obligations. Prioritizing funding for education, the new Student Opportunity Act Investment fund was funded at $350 million to be utilized in the coming years for the implementation of the state's landmark Student Opportunity Act (SOA). Additionally, a supplemental payment of $250 million was transferred to the Pension Liability Fund to reduce the Commonwealth's pension liability.

"Built upon a resilient and steadily improving economy, the FY 2022 Conference Committee Report is a forward-looking, fiscally responsible plan that doubles down on our commitment to an equitable recovery; bolsters our Rainy Day fund, ensuring healthy reserves for years to come, and more importantly, leaves our Commonwealth in a much stronger fiscal position than before the COVID-19 pandemic," said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. "Thank you to Senate President Spilka for her continued leadership and support, Senators Friedman and O'Connor for their invaluable contributions on the Conference Committee, Chairman Michlewitz and the House conferees for their partnership, and to all of my colleagues for their advocacy and input throughout this budget process. Because of our collective work together, we have charted a hopeful path forward by investing to expand educational opportunity, safeguard the health and wellness of our most vulnerable, support our children and families, strengthen local public health efforts, meet the workforce needs of our post-pandemic economy, and so much more. I look forward to the Governor signing this budget."

"As we vote on the final FY2022 budget, we mark a capstone to a volatile 16-month odyssey we have seen since the pandemic first struck the Commonwealth, but thankfully this roller coaster is letting us exit off today at a peak and not a valley. We have come out of the last year and a half in a stronger fiscal situation than anyone could have ever imagined.  For us to be in this favorable of a situation is a testament to the fortitude and resolve of the Legislature," said Representative Aaron Michlewitz, Chair of the House Committee on Ways & Means (D-Boston). "The investments made in this budget will go a long way to improve the economic outlook for the Commonwealth in an efficient and equitable manner."

As a cornerstone of the Commonwealth's equitable recovery, the FY22 budget protects access to educational opportunity and charts a path forward for students, families, educators, and institutions. The budget maintains the Legislature's commitment to implementing the Student Opportunity Act by FY 2027. The conference report proposal fully funds the first year of the SOA consistent with the $5.503 billion local aid agreement reached in March, amounting to an increase of $220 million over FY21.

Despite the uncertainty created by the pandemic, this increased level of investment represents a 1/6th implementation of SOA rates and ensures that school districts across the Commonwealth have adequate and equitable resources to provide high quality educational opportunities for all students. The FY22 budget also includes a $40 million reserve consistent with the March local aid agreement to provide additional aid to districts experiencing increases in student enrollment compared to October 2020.

The budget invests in higher education allocating $571 million for the University of Massachusetts system, $315 million for community colleges, and $291 million for state universities. The budget also includes $130 million in scholarship funding and funds the community colleges SUCCESS Fund at $10.5 million and the STEM Starter Academy at $4.75 million.

The budget also includes large investments in labor and economic development, such as the creation of a trust fund dedicated to job training for the offshore wind industry to be administered by the Massachusetts Clean Energy Center. This budget makes an initial deposit into this fund of $13 million to establish and grow technical training programs in our public higher education system and vocational-technical institutions. The fund will also prioritize grants and scholarships to adult learning providers, labor organizations, and public educational institutions to provide workers with greater access to these trainings.

Other education investments include:

• $388.4 million for the Special Education Circuit Breaker, reimbursing school districts for the high cost of educating students with disabilities at the statutorily required 75% reimbursement rate
• $154.6 million for reimbursing school districts at 75% for costs incurred when students leave to attend charter schools
• $82.2 million for regional school transportation
• $50 million for Adult Basic Education
• $27.9 million for the Metropolitan Council for Educational Opportunity (METCO) program
• $6 million for Social Emotional Learning Grants to help K-12 schools bolster social emotional learning supports for students, including $1M for a new pilot program to provide mental health screenings for K-12 students
• $4 million for Rural School Aid

"We could not have predicted the onset of the COVID-19 pandemic but over the past 16 months we have done our best to prepare for the future, and I'm proud the FY22 budget continues that work by making robust short- and long-term investments in mental and behavioral health services, education, local health departments, and so much more," said Senator Cindy F. Friedman (D-Arlington), Vice Chair of the Senate Committee on Ways and Means and member of the FY22 Budget Conference Committee. "I sincerely thank Senate President Spilka, Ways and Means Chair Rodrigues, and the rest of my colleagues in the Legislature for their work supporting all residents of the Commonwealth, especially those most in need."

"Today's passage of the FY 22 Budget is a reflection of sound and prudent decisions made by the Legislature to move the Commonwealth's economy forward," said Representative Ann-Margaret Ferrante, Vice Chair of House Ways & Means (D-Gloucester).  "This year's budget continues in that tradition by investing, protecting and growing jobs in our film industry, depositing funds into the Stabilization Fund and Accelerating Payments into the Pension Fund, all while protecting our most vulnerable by increasing the Commonwealth's investment in mental health and the student opportunity act. I want to congratulate Speaker Mariano and Chair Michlewitz for a job well done."

This budget supports working families by addressing the increasing costs of caregiving for low-income families by converting the existing tax deductions for young children, elderly or disabled dependents and business-related dependent care expenses into refundable tax credits. These tax credits will benefit low-income families who have little or no personal income tax liability and cannot claim the full value of the existing deductions. The conversion to a refundable tax credit would provide an additional $16 million to over 85,000 families each year. Coupled with the expanded Child Tax Credit and the Child and Dependent Care tax credits under the federal American Rescue Plan Act, these credits will help lift families out of poverty and support low-income working parents and caregivers across the Commonwealth.

The FY22 budget builds on the success of last year's efforts to tackle 'deep poverty' with a 20 per cent increase to Transitional Aid to Families with Dependent Children (TAFDC) and Emergency Aid to the Elderly, Disabled and Children (EAEDC) benefits over December 2020 levels, ensuring families receive the economic supports they need to live, work and provide stability for their children. Further, the final budget repeals the asset limit for Transitional Aid to Families with Dependent Children. Traditionally, asset limits on assistance programs further expose those who are already financially vulnerable to greater economic hardship. While families are recovering from the impacts of COVID-19, it is vital to make assistance programs accessible and effective, and removing the asset limit allows families to save for education, job training, reliable transportation, home expenses, and other emergency needs.

Other children and family investments include:

• $30.5 million for Emergency Food Assistance to ensure that citizens in need can navigate the historic levels of food insecurity caused by COVID-19
• $7.5 million for grants to our Community Foundations to support communities disproportionately impacted by the pandemic
• $5 million for the Secure Jobs Connect program, providing job placement resources and assistance for homeless individuals
• $4.2 million for the Office of the Child Advocate, including $1M for the establishment and operation of a state center on child wellness and trauma
• $2.5 million for Children Advocacy Centers

To help families get back to work, the FY22 conference report includes $820 million for the early education sector, including $20 million to increase rates for early education providers, $15 million for Massachusetts Head Start programs, $10 million for the Commonwealth Preschool Partnership Initiative to expand public preschool, and $9 million to cover the cost of fees for parents receiving subsidized early education in calendar year 2021.

The FY22 budget provides resources to help with housing stability, including $150 million for the Massachusetts Rental Voucher Program to expand access to affordable housing, $85 million for grants to local housing authorities, $22M for the Residential Assistance for Families in Transition Program and $8 million for Housing Consumer Education Centers to help administer nearly $1 billion in federal housing relief.

"This budget represents an essential step forward as our Commonwealth looks ahead to recovering from the pandemic and rebuilding a strong and equitable economy for Massachusetts families, businesses and communities," said Senator Jason Lewis, Assistant Vice Chair of the Senate Committee on Ways and Means and Senate Chair of the Joint Committee on Education. "I'm especially proud that this budget invests substantially in Massachusetts K-12 public schools and in early education and child care, which form a key pillar of economic opportunity for millions of working parents and families across the state."

"I'd like to say how proud we are to have passed the budget today," said Representative Paul J. Donato, Assistant Vice Chair of House Ways & Means (D-Medford). "We are growing our rainy day fund as well as the aid of vital state programs, such as the Chapter 70 program which provides financial support to public elementary and secondary schools, as well as funding for transportation, infrastructure and economic development projects. I look forward to seeing the results of this vital funding in the near future."

The budget makes the state's film tax credit permanent and requires an increase in the percentage of production expenses or principal photography days in the Commonwealth from 50 per cent to 75 per cent. The film tax credit was set to expire in January 2023. The budget also includes a disability employment tax credit for employers that hire employees with a disability.

To ensure long-term fiscal responsibility, FY22 budget repeals three ineffective tax expenditures as recommended by the Tax Expenditure Review Commission (TERC), namely the exemption of income from the sale of certain patents, the medical device tax credit, and the harbor maintenance tax credit, effective January 1, 2022. The TERC found that these tax expenditures are either obsolete, fail to provide a meaningful incentive, or fail to justify their cost to the Commonwealth. The TERC was created as part of a Senate budget initiative in Fiscal Year 2019.

"While it took some extra time to produce, this budget has been worth the wait," said House Minority Leader Bradley H. Jones, Jr. (R-North Reading). "We prioritized our spending to address the needs of the Commonwealth, investing in our long-term obligations while also building our reserves to historic highs to mitigate future revenue shortfalls. The budget balances present day needs and future obligations, whether they be educational funding or the pension obligations we face down the road. The budget also takes an important step forward in addressing the rights of sexual assault survivors by requiring all previously untested investigatory evidence kits to be tested within 180 days, building on the important reforms we enacted three years ago to assist survivors."

"Traveling the road to a state budget for Fiscal Year 2022 has been an odyssey filled with challenge and uncertainty, but by working together we have arrived at a spending document free of broad-based tax increases and stabilization fund withdrawals," stated Senate Minority Leader Bruce Tarr (R-Gloucester). "Now, with the acceptance of this conference committee report, we are on a path to support important priorities like education, regional school transportation, public health, and support for our cities and towns, while boosting out stabilization fund and other reserves to provide stability and continuity for the future"

"The investments we are making throughout the Commonwealth move us closer to our goal of ensuring no one gets left behind in our recovery efforts," said Senator Patrick O'Connor (R-Weymouth). "By investing in education, infrastructure, public health, housing, and more, we are investing in the livelihoods of our children, families, seniors, and small businesses. I am proud to have worked alongside my colleagues on the conference committee in a bipartisan fashion to make our state stronger and improve the quality of life for everyone that calls Massachusetts home."

"This budget reflects a bipartisan collaboration that funds the most important programs in our Commonwealth," said Representative Todd Smola (R-Warren). "Our commitment to local aid and education continues to be a primary focus and we are adding significant dollars to our stabilization fund, which provides us greater financial security for the future. This budget supports essential services and resources that are critically important given the challenges of the last year."

The Legislature's FY22 budget confronts the frontline health care impacts of the pandemic to navigate the challenges posed by COVID-19. It also sustains support for the state's safety net by funding MassHealth at a total of $18.98 billion, thereby providing over 2 million of the Commonwealth's children, seniors, and low-income residents access to comprehensive health care coverage. It also invests $15 million to support local and regional boards of health as they continue to work on the front lines against the ongoing impacts of the COVID-19 pandemic.

Understanding that the pandemic has been a stressor on mental and behavioral health, the FY22 budget invests $175.6 million for substance use disorder and intervention services provided by the Bureau of Substance Addiction Services. It also invests $12.5 million to support a student telebehavioral health pilot, public awareness campaigns, loan forgiveness for mental health clinicians, and initiatives to mitigate emergency department boardings for individuals in need of behavioral health support, as well as $10 million for Programs of Assertive Community Treatment (PACT) grants to provide intensive, community-based behavioral health services for adolescents.

Other health care and public health investments include:

• $98.4 million for children's mental health services, including $3.9M for the Massachusetts Child Psychiatric Access Program (MCPAP) and MCPAP for Moms to address mental health needs of pregnant and postpartum women
• $25 million for Family Resource Centers (FRCs) to grow and improve the mental health resources and programming available to families
• $56.1 million for domestic violence prevention services
• $40.8 million for early intervention services, to ensure supports are accessible and available to infants and young toddlers with developmental delays and disabilities, including funds to support health equity initiatives

To support economic development, the FY22 budget increases access to high quality and reliable broadband—which is crucial for businesses, students and families—by moving the duties of the Wireless and Broadband Development Division to the Department of Telecommunications, which is working to facilitate access to broadband, and has the institutional ability and knowledge to address broadband access issues. The budget also includes a $17 million transfer to the Workforce Competitiveness Trust fund, $15.4 million for Career Technical Institutes, and $9.5 million for one-stop career centers to support economic recovery.

Other investments in economic and workforce development include:

• $15 million for the Community Empowerment and Reinvestment Grant Program
• $6 million for Regional Economic Development Organizations to support economic growth in all regions of the state
• $2.5 million for the Massachusetts Cybersecurity Innovation Fund, including $1.5 million for new regional security operation centers, which will partner with community colleges and state universities to provide cybersecurity workforce training to students and cybersecurity services to municipalities, non-profits, and small businesses

To protect residents of the Commonwealth, the FY22 budget codifies and expands the existing Governor's task force on hate crimes to advise on issues relating to hate crimes, ways to prevent hate crimes and how best to support victims of hate crimes. The conference report makes the task force permanent and expands its membership to include members of the Legislature and an appointee from the Attorney General. The conference report also contains a provision that supports immigrants who are victims of criminal activity or human trafficking.

The budget also authorizes funds from the Massachusetts Cybersecurity Innovation Fund to be used for monitoring and detection of threat activity in order to investigate or mitigate cybersecurity incidents. In order to proactively combat threats and attacks, the budget provides funding for a public-private partnership with the goal of engaging educational institutions to jointly expand the training, employment and business development in cyber fields in Massachusetts through a combination of regionalized instruction and business outreach, state-wide shared resources, and real-life simulations for cyber training and business development.

Having been passed by the House and Senate, the legislation now goes to Governor Baker for his signature.

The FY 2022 budget docs can be found online ->  https://malegislature.gov/Budget/FY2022/ConferenceCommittee

MA News Briefs: traffic is back, legislature rebuffs Gov Baker, remote access should stay for meetings

“Traffic, for all intents and purposes, is back to about 2019 levels on most roadways in Massachusetts at this point,” Gulliver said in a presentation to the Department of Transportation’s board.

Continue reading the article online (subscription maybe required)

https://www.bostonglobe.com/2021/06/21/metro/massachusetts-traffic-is-back-2019-levels-massdot-says/

"House lawmakers on Tuesday rejected Governor Charlie Baker’s proposal to spend $2.8 billion of federal funds provided to the state through the American Rescue Plan, opting instead to stow the majority of the $5.3 billion in aid into a separate account under the Legislature’s control.

House Speaker Ronald J. Mariano and Senate President Karen E. Spilka said in a statement Tuesday that by placing the money in a separate fund, it will allow lawmakers to decide how best to use the money with input from the public."

Continue reading the article online (subscription maybe required)

https://www.bostonglobe.com/2021/06/22/metro/legislature-rejects-bakers-spending-plan-federal-covid-funds-governor-concerned-with-delay-disbursements/

"As we look back on the hellish year gone by, it’s also time to sort through those changes worth keeping, those things that actually made improvements in our lives.

And those changes don’t begin and end with to-go cocktails — as much fun as they were. One of the best things to come out of the pandemic lockdown was the way most government bodies from Beacon Hill committees to municipal boards and commissions adapted, allowing their own members and members of the public to attend meetings remotely — from the comfort and safety of their homes.

Computer screens became that critical window on the political world that allowed the public to tune in to legislative committee hearings on crucial issues, city council hearings, town meetings. And not merely to tune in, in many of those cases, but also to offer remote testimony. Distance or disability was no longer a factor. Nor was the inability to get a babysitter or reluctance to make the hours-long trek from Pittsfield to Boston."

Continue reading the article online (subscription maybe required)

https://www.bostonglobe.com/2021/06/22/opinion/remote-access-public-meetings-post-pandemic-must/

Joint Statement on Conference Report Filing

Statement from Senate President Karen E. Spilka, House Speaker Ronald Mariano,  Senate Ways and Means Chairman Michael Rodrigues and House Ways and Means Chairman Aaron Michlewitz 

"Today (6/15/21), the House and Senate agreed to report out a conference committee bill, in-part, that temporarily extends and reinstates a slate of measures instituted in Massachusetts during the COVID-19 State of Emergency. 

This partial report addresses issues common to both the Senate and House bills and is necessary to ensure that critical policies - including those relating to municipalities' meetings, restaurants, tenants facing eviction, health care and child care - are available as expeditiously as possible.

These temporary provisions have been helpful to businesses, municipalities, health care providers, residents and communities during this extraordinary time. We will continue working together to resolve items in the near-term that were not included in today's Conference report, which deserve further consideration.

We look forward to the Governor's prompt review of this report."

Conference Committee Report: https://malegislature.gov/Bills/192/S2475

From the Boston Globe:

State lawmakers on Tuesday night struck a deal and shipped Governor Charlie Baker legislation to restore the lapsed authorization for remote public meetings, to-go cocktail sales, and town meeting flexibilities, while leaving the future of other pandemic-era policy adaptations for later negotiations.

Baker’s COVID-19 state of emergency ended at 12:01 a.m., Tuesday, without a law passed to prevent the expiration of certain orders and legislation linked to the declaration.

After the Senate passed a post-emergency bill last week, the House approved an amended version on a 146-14 vote Tuesday afternoon, and both branches held their sessions open for the rest of the day to work out a deal.

Continue reading the article online (subscription maybe required)

https://www.bostonglobe.com/2021/06/15/metro/mass-legislature-seeks-compromise-extending-some-pandemic-era-rules/

 

Senate President Spilka and Speaker Mariano on the Fair Share Amendment and Joint Session, Weds Jun 9

Statement from Senate President Karen Spilka and House Speaker Ronald Mariano:

"As Massachusetts recovers from the COVID-19 pandemic, and as we prepare for our future, we have a unique opportunity to move towards a Commonwealth that truly works for all residents. 

To that end, the Legislature will be holding a Joint Session on Wednesday, June 9, 2021 with the intent of voting on the Fair Share Amendment. This will allow the measure to be placed on the ballot and put before the people for a vote. 

We stand with the residents of Massachusetts in exploring new ways to increase revenue for the state as we envision and invest in an equitable and hopeful future for the Commonwealth."

On background: The Legislature advanced the Fair Share Amendment back in June 2019. A second vote is needed for it to be placed on the November 2022 ballot.

Language: Proposal for Constitutional Amendment S.5 (malegislature.gov)

Boston Globe coverage (subscription maybe required)

https://www.bostonglobe.com/2021/06/03/metro/mass-lawmakers-expected-approve-millionaires-tax-proposal-next-week-allowing-it-go-2022-ballot/

Link to Joint Session scheduled for Weds, Jun 9

https://malegislature.gov/Events/Sessions/Detail/3917

"Legislative compromise will end state tax on PPP grants"

Statement from Senate President Karen E. Spilka, 

Speaker of the House Ronald Mariano,

Senate Ways & Means Chair Michael J. Rodrigues and

House Ways & Means Chair Aaron Michlewitz

“The Senate and House have reached agreement on a bill to help workers and employers jumpstart our nascent recovery as we begin to slowly emerge from the COVID-19 pandemic. This agreement strikes a balance to ensure that businesses can continue to move forward while protecting those working hard to keep the economy going. Time is of the essence to bring this much needed relief to businesses and employees, and so we will act expeditiously to get this comprehensive bill to the Governor’s desk.

While businesses require our support to weather this economic storm, our employees need help too. We have agreed to provide targeted tax relief to unemployed workers whose income falls below 200 percent of the poverty line. We also recognize that many are navigating our Unemployment Insurance (UI) system for the first time, and so we have agreed to waive penalties for missed tax payments on UI benefits received in 2020.

To help protect employees on the front lines—and to help prevent the further spread of COVID-19—we are making sure all employees have access to paid leave if they are unable to work because they get infected with the coronavirus, are ordered to quarantine, or need to take time off to get the vaccine. In tandem with federal legislation, this state response will ensure employees have access to paid leave and employers are reimbursed for such costs. We believe this will provide a necessary and crucial safety net for the employees, especially essential workers, who have shown up every day to keep our economy and communities running throughout this public health crisis.

Finally, the bill will prevent increases in the UI rate schedule for 2021 and 2022, providing employers with needed stability and relief as the Commonwealth continues to recover. The agreement also allows for state borrowing, secured by a temporary employer assessment, to ensure the solvency of the UI trust fund. In addition to UI relief, to help many small businesses and employers who received PPP loans to stay afloat and save jobs, we have agreed to conform to the current federal tax code to exclude forgiven PPP loans from gross income for small businesses organized as pass-through entities.”

CommonWealth Magazine coverage of this topic:  https://commonwealthmagazine.org/state-government/legislative-compromise-will-end-state-tax-on-ppp-grants/

Boston Globe coverage of this:  https://www.bostonglobe.com/2021/03/09/business/beacon-hill-leaders-reach-accord-freezing-unemployment-insurance-rates-exempting-ppp-taxes/

Legislature Announces Joint Oversight Hearings on COVID Vaccination Distribution

Today (2/17/21), the Massachusetts Legislature announced it will hold the first in a series of oversight hearings on the state’s COVID-19 vaccination distribution plan on February 25, 2021. The House and Senate hearings will be held by the newly-created Joint Committee on Covid-19 and Emergency Preparedness and Management and will seek testimony from the Baker Administration on the state’s COVID vaccine distribution operation and plans moving forward.

“We have heard the frustration and anger of people across Massachusetts about the constantly changing and confusing vaccination roll out plan, and we are using the tools at our disposal to help people get answers, especially about what we can expect moving forward,” stated Senate President Karen E. Spilka. “It is essential that we get a greater understanding of the Baker Administration’s plans to improve our vaccination rates, especially for those communities and populations hardest hit, including persons who are medically fragile or with disabilities, teachers, and communities of color.”

“The state's COVID-19 vaccination plan was developed by experts and guided by science, but the rollout has been marked by both logistical and communications shortcomings,” said House Speaker Ronald J. Mariano. “It is our hope that through these hearings, we will ascertain valuable information about the failures of the rollout and help contribute to solutions for the people of the Commonwealth. We are specifically focused on delivering equitable access to vaccines and increasing supports for our most vulnerable residents. While flexibility is important, it must be matched with sound operational decisions, as well as clear and consistent communications with the Legislature and the general public.”

In addition to the administration, the committee will be inviting the chairs of the Joint Committees on Racial Equity, Civil Rights and Inclusion and Healthcare Financing and Public Health to testify.

"We can't get to work fast enough. I'm pleased to be working with Chair Bill Driscoll and fellow committee members in this oversight capacity so that we can dig in together on wide-spread concerns around the vaccine roll out, the COVID-19 response thus far, and our Commonwealth's emergency preparedness status going forward. COVID-19 hit our Commonwealth, its residents, our businesses, and families like a wrecking ball and the Committee will spare no effort to deliver on its charge of oversight and preparedness," noted Senator Jo Comerford, Senate Chair of the Joint Committee on Covid-19 and Emergency Preparedness and Management (D-Northampton).

“The Commonwealth seems to have been underprepared for the complexities in Phase One of the vaccine roll out,” said Representative Bill Driscoll Jr., House Chair of the Joint Committee on Covid-19 and Emergency Preparedness and Management (D-Milton). “We all understand that patience is paramount in our current pandemic circumstances, but patience and public trust wear thin when there are constant pivots in the plan. It is important for us to get a deeper understanding of what the Administration’s planning and operational outlook is for the next phases of the rollout and how they intend to improve delivery now and on a going forward basis.”

The joint oversight hearing will be held remotely on Thursday, February 25, 2021. Further details will follow. Testimony will be by invitation only, but the hearing will be viewable by the public. A series of similar hearings, including one that will be open to public testimony, will be scheduled in the coming weeks.

Those seeking more information should contact Jared Freedman in Senator Comerford’s office or Summer Ordaz in Representative Driscoll’s office. 

 

Legislature Passes Landmark Climate Change Bill

The Massachusetts House of Representatives and Senate reaffirmed its commitment today to addressing the climate crisis facing our Commonwealth by passing legislation that overhauls our state’s climate laws, drives down greenhouse gas emissions, creates clean energy jobs, and protects environmental justice communities.

The passage of An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy (S.9), comes after a joint commitment from Senate President Karen E. Spilka and House Speaker Ronald Mariano, as well as last session’s House and Senate Chairs of the Joint Committee on Telecommunications, Utilities, and Energy, Senator Michael Barrett and Representative Thomas Golden, to refile the legislation following a gubernatorial veto last session.

“This legislation outlines a clear roadmap to address our immediate climate crisis,” stated Senate President Karen E. Spilka (D-Ashland). “Time is of the essence and we could not let a delay hamper our efforts to protect future generations. The necessary tools included in this legislation will soon lead to lower emissions, a thriving green economy, and cleaner air and water for all. I want to thank my legislative partner, House Speaker Mariano for his collaboration, Senator Barrett and Representative Golden for their steadfast support, and the residents of Massachusetts for their support in this endeavor.”

“The House and Senate again acted to reduce our greenhouse gas emissions, lead on clean energy, and protect environmental justice communities,” said House Speaker Ronald J. Mariano (D-Quincy). “I want to thank Senate President Spilka for her commitment to joining the House in responding immediately to Governor Baker’s veto of this important legislation. I am also grateful for the work and leadership of Chairman Golden, and for my colleagues in the House for acting with the urgency the climate crisis demands.”

“The most recent numbers tell us Massachusetts is backsliding in terms of reducing emissions,” said Senator Mike Barrett (D-Lexington), Senate Chair of the Joint Committee on Telecommunications, Utilities, and Energy. “This bill is our chance to get back on track and stay there. It’s ambitious but balanced, and the most important piece of climate legislation to come before us since 2008. Tip of the hat to President Spilka and Speaker Mariano for putting us back to work on climate immediately. Because of them, the legislation’s odds of ultimate success are excellent.”

“If not for the initiative and resolve of Speaker Mariano and Senate President Spilka, the Next-Generation Roadmap bill would not have been before the Legislature in the first month of the 2021 - 2022 session,” said Representative Thomas A. Golden, Jr. (D-Lowell), Chair of the Joint Committee on Telecommunications, Utilities, and Energy. “I am beyond proud to have once again voted with my colleagues on this path-breaking legislation and I look forward to continued collaboration to make it law and propel the Commonwealth towards its clean energy future.”
 
The bill sets a 2050 net-zero greenhouse gas emissions limit, as well as statewide limits every five years; increases the requirements for offshore wind energy procurement bringing the statewide total authorization to 5,600 megawatts; requires emission reduction goals for MassSave, the state’s energy efficiency program; and, for the first time, establishes the criteria in statute that define environmental justice populations. The legislation also increases support for clean energy workforce development programs including those targeting low-income communities, and improves gas pipeline safety.

The legislation includes, among other items, the following provisions.

•    Sets a statewide net-zero limit on greenhouse gas emissions by 2050 and mandates emissions limits every five years, as well as limits for specific sectors of the economy, including transportation and buildings.
•    Codifies environmental justice provisions into Massachusetts law, defining environmental justice populations and providing new tools and protections for affected neighborhoods.
•    Requires an additional 2,400 megawatts of offshore wind, building on previous legislation action and increases the total authorization to 5,600 megawatts in the Commonwealth.
•    Directs the Department of Public Utilities (DPU), the regulator of the state's electric and natural gas utilities, to balance priorities going forward: system safety, system security, reliability, affordability, equity, and, significantly, reductions in greenhouse gas emissions.
•    Sets appliance energy efficiency standards for a variety of common appliances including plumbing, faucets, computers, and commercial appliances.
•    Adopts several measures aimed at improves gas pipeline safety, including increased fines for safety violations and regulations related to training and certifying utility contractors.
•    Increases the Renewable Portfolio Standard (RPS) by 3 percent each year from 2025 – 2029, resulting in 40 percent renewable energy by 2030.
•    Establishes an opt-in municipal net-zero energy stretch code, including a definition of “net-zero building.”
•    Prioritizes equitable access to the state’s solar programs by low-income communities
•    Establishes $12 million in annual funding for the Massachusetts Clean Energy Center in order to create a pathway to the clean energy industry for environmental justice populations and minority-owned and women- owned businesses.
•    Provides solar incentives for businesses by exempting them from the net metering cap to allow them to install solar systems on their premises to help offset their electricity use and save money.
•    Requires utilities to include an explicit value for greenhouse gas reductions when they calculate the cost- effectiveness of an offering of MassSave.
•    Creates a first-time greenhouse gas emissions standard for municipal lighting plants that requires them to purchase 50 percent non-emitting electricity by 2030 and “net-zero” by 2050.
•    Sets benchmarks for the adoption of clean energy technologies including electric vehicles, charging stations, solar technology, energy storage, heat pumps and anaerobic digestors.

The bill is now with the governor. 

Link to the legislation text  https://malegislature.gov/Bills/192/S9

CommonWealth Magazine has this coverage:

https://commonwealthmagazine.org/environment/lets-try-this-climate-change-bill-again/

 

Boston GLobe coverage:

https://www.bostonglobe.com/2021/01/28/metro/defiance-governor-baker-legislature-returns-climate-bill-he-vetoed/

 

Statements from Senate President Karen E. Spilka on climate legislation and Commonwealth address

Statement from Senate President Karen E. Spilka and House Speaker Ronald Mariano

"Today, the Temporary Senate Committee on Ways and Means is advancing the bipartisan climate bill that passed last session.  The Senate and House have scheduled formal sessions for Thursday and will vote once again to take bold action to combat climate change, protect environmental justice communities, and ensure environmentally responsible economic growth."

 

Senate President Karen E. Spilka on State of the Commonwealth Address

“Governor Baker reminded us of the true strength of our Commonwealth – our people. Like the Governor, I am so grateful to the people of Massachusetts for their perseverance during this most difficult year. It is for them that the Massachusetts State Senate has kept working hard throughout this pandemic, and they are the reason we are getting right back to work. I’m looking forward to continuing to work with Governor Baker and the House of Representatives on behalf of the people of this great state.”

 

 

“We don’t believe this is easier to do now”

"THE BIGGEST DIFFERENCE between Gov. Charlie Baker and the Legislature on climate change legislation comes down to an issue where the two sides don’t seem very far apart at all.

Baker, in his roadmap for getting to net zero emissions by 2050, set a target for 2030 of a 45 percent reduction in emissions below a benchmark level. The Legislature, in the measure it passed at the end of last year’s legislation session, approved a 50 percent reduction. It was a mere 5-point difference, which lawmakers and environmental advocates dismissed as little more than a rounding error, but the Baker administration insisted it was a very big deal.

In his January 14 letter vetoing the legislation, Baker for the first time said those five percentage points would unnecessarily cost state residents $6 billion. Sen. Michael Barrett of Lexington, the Senate’s point person on climate change, said he had never heard the number before, and hinted it might have been made up. Environmental advocates were also dismissive. House Speaker Ron Mariano and Senate President Karen Spilka say they are determined to send the bill back to the governor as is.

Now, Kathleen Theoharides, the governor’s secretary of energy and environmental affairs, is explaining where the number came from and why the difference between 45 percent and 50 percent is so substantial. "

Continue reading the article online   https://commonwealthmagazine.org/environment/theoharides-explains-6b-cost-figure/ 

Statement from House Speaker Ronald Mariano and Senate President Karen E. Spilka - Climate Change Legislation

"The ambitious and ground breaking climate bill that we sent with overwhelming bipartisan support from both the Senate and the House meets the urgency of the global climate crisis. Months of work was exhaustively studied by members of the conference committee, and the result was a bill that rejects the false choice between economic growth and addressing climate change. We must combat climate change while also maintaining a thriving economy and expanding the housing stock that will ensure future, sustainable growth.  The legislation sent to the Governor showed how it can be done.

Today, the House and Senate introduce this legislation as written and passed. We are confident that members of the House and Senate will again act with urgency by swiftly sending this bill back to Governor Baker's desk."  

 

and from CommonWealth Magazine articles on the climate change legislation:

Questions on Baker’s $6b climate change cost estimate

https://commonwealthmagazine.org/the-download/questions-on-bakers-6b-climate-change-cost-estimate-2/

Debunking Baker’s 6 reasons for climate veto

https://commonwealthmagazine.org/opinion/debunking-bakers-6-reasons-for-climate-veto/

Mariano, Spilka take defiant tone on climate change

https://commonwealthmagazine.org/environment/mariano-spilka-take-defiant-tone-on-climate-change/

Sweeping Economic Development Bill Authorizing $627 Million for COVID-19 Recovery Signed into Law

Sweeping Economic Development Bill Authorizing

$627 Million for COVID-19 Recovery Signed into Law

Prioritizes small business relief, support for workers, and housing development

On Wednesday, January 2, 2021, the Massachusetts Legislature passed $627 million in funding for a sweeping economic recovery and development bill which will provide much-needed support to businesses, investments in infrastructure, and creation of new jobs in the wake of the COVID-19 pandemic. The bill was signed into law on January 14, 2021.

An Act Enabling Partnerships for Growth provides the residents of Massachusetts a COVID-19 relief and recovery package that will provide support to the restaurant and tourism sectors, small businesses, and those who have been affected by the Coronavirus pandemic, while also creating a Future of Work Commission, establishing protections for student loan borrowers, and ushering in zoning reforms that will encourage housing development in our communities.

"This new law will help stabilize our economy and lead us to a strong economic recovery from this pandemic," said House Speaker Ronald J. Mariano (D-Quincy). "This legislation provides immediate relief to those sectors of the economy hit hardest by the pandemic, while making key policy changes, particularly in housing, that will fuel future economic growth. I want to thank Chairman Michlewitz for his stewardship of this bill and for Chairwoman Ferrante and Representative Wong for their work on the conference committee." 

"I am thrilled this legislation is now law so that we can begin to provide a necessary boost to our economy as it recovers from the dire effects of COVID-19," stated Senate President Karen E. Spilka (D-Ashland). "The Legislature recognizes the need to be bold when addressing the challenges facing restaurant and small business owners, cultural attractions and other key sectors that will keep our economy strong. I am particularly pleased this bill includes the long sought-after housing production reforms that the Senate has supported for years. I want to thank Senators Lesser, Rodrigues and my colleagues for their attention to this critical bill and for acting with urgency to move it forward in the legislative process."

"The economic development bill will help the Commonwealth rebuild from the devastating effects that the COVID-19 pandemic has brought" said Representative Aaron Michlewitz, Chair of the House Committee on Ways & Means (D-Boston). "This legislation supports our travel and tourism industry in a number of different ways, especially for our struggling restaurants. It will also encourage the Commonwealth's housing production needs by simplifying zoning laws, encourage job creation in rural areas, and authorizes over $626 million in targeted capital investments that will reach every corner of Massachusetts. I want to thank my colleagues in the Legislature for their input and hard work on making this bill a reality."

"Tonight, our economic relief package was signed into law by Governor Baker. In a time of crisis for our Commonwealth, the Legislature completed one of the most important economic recovery and investment packages in recent history. With the inclusion of urgently needed small business and restaurant relief, new protections for over 1 million student loan borrowers, and the most progressive and far-reaching housing reform in decades, this legislation will bring needed relief to families, small businesses, and communities hit hardest by COVID-19," stated Senator Eric P. Lesser, Chair of the Joint Committee on Economic Development and Emerging Technologies (D-Longmeadow). I want to thank my fellow Conference Committee members, Senator Michael Rodrigues of Westport and Patrick O'Connor of Weymouth, along with our partners in the House, Conference Co-Chair Rep. Aaron Michlewitz of Boston, Rep. Ann Margaret Ferrante of Gloucester, and Rep. Donald Wong of Saugus. A special thank you as well to Senate President Karen Spilka and House Speaker Ron Mariano for your commitment to this legislation. This new set of laws will help millions of people in our Commonwealth and will chart a course toward a faster, more equitable recovery."

The bill includes the following bonding authorizations and policy changes.

COVID-19 pandemic relief and recovery

Bonding Authorizations

• $30 million for the state's COVID-19 Payroll Protection Program
• $20 million for restaurant COVID-19 recovery grants

Policy Changes

• Limits fees charged by third-party delivery services for restaurants to 15% during the COVID-19 state of emergency; prohibits third-party delivery service companies from reducing rates for delivery drivers or garnishing gratuities as result of the limitation
• Creates a commission to examine and make recommendations on addressing the recovery of the cultural and creative sector, including the arts, humanities and sciences, as a result of the COVID-19 pandemic 

Housing

Bonding Authorizations

• $40 million for a program to redevelop blighted buildings
• $50 million for transit-oriented housing developments
• $10 million for climate-resilient affordable housing developments
• $5 million for a Gateway Cities housing program

Policy Changes

• Implements zoning reform to help cities and towns approve smart growth zoning and affordable housing by lowering the required vote threshold for a range of housing-related zoning changes and special permits at the local level from a two-thirds supermajority to a simple majority
• Requires designated MBTA communities to be zoned for at least one district of reasonable size, in which multi-family housing is permitted as of right and requires such housing to be suitable for families with children
• Increases the state low-income housing tax credit program cap from $20,000,000 to $40,000,000 

Employee protections, business growth, and equity

Bonding Authorizations

• $35 million for a Massachusetts Growth Capital Corporation matching grant program to community development financial institutions for small business loans and grants
• $27.7 million for a new Employment Social Enterprise Capital Grant Program
• $20 million for a Massachusetts Growth Capital Corporation small business grant program
• $14M million for travel and tourism grants
• $10 million for regional and community assistance planning grants

Policy Changes

• Enables, via local option, the creation of tourism destination marketing districts ("TDMDs"), made up of hotels, motels, and bed and breakfasts, for the purpose of generating local revenue dedicated solely for the promotion and marketing of specific regions of the Commonwealth
• Amends the statutory definition of wait staff employee to include a person in a quick service restaurant who prepares or serves food or beverages as part of a team of counter staff
• Provides that the taking of family or medical leave shall not affect an employee's right to accrue vacation time, sick leave, bonuses, advancement, seniority, length-of-service credit or other employment benefits, plans or programs
• Exempts natural hair braiding from the definition of hairdressing, and exempts natural hair braiding from rules and regulations pertaining to aesthetics, barbering, cosmetology, electrolysis, hairdressing and manicuring
• Encourages the PRIM Board to use minority investment managers to manage PRIT Fund assets, where appropriate, and to increase the racial, ethnic, and gender diversity of Fund investments
• Establishes a commission of experts, industry members, academics, and elected officials to research and propose policy solutions that ensure the future and sustainability of local journalism in Massachusetts 

Student protections

• Establishes a Student Loan Borrower Bill of Rights regulating the licensing and operation of student loan servicers by the Commissioner of Banks
• Creates a Student Loan Ombudsman within the Office of the Attorney General for the purpose of receiving, reviewing and assisting in the resolution of complaints from student loan borrowers; authorizes the Ombudsman to assist with repayment options, applying for federal loan forgiveness programs, ending wage and tax refund garnishments, resolving billing disputes, and obtaining loan details

Agriculture and rural support

Bonding Authorizations

• $20 million for rural community development and infrastructure grants
• $2 million for an urban agriculture grant program

Policy Changes

• Expands the Food Policy Council to include an expert in healthy soil practices; codifies the definition of 'healthy soils;' gives the Commission for Conservation of Soil and Water the ability to establish a Massachusetts Healthy Soils Program and Fund

Technology and innovation

Bonding Authorizations

• $52 million for the Technology Research and Development and Innovation Fund
• $15 million for lottery IT infrastructure
• $10 million for the expansion of the Massachusetts Manufacturing Innovation Initiative (M2I2)
• $5 million for the Massachusetts Broadband Incentive Fund

Policy Changes

• Creates a special commission on the future of work to conduct a comprehensive study relative to the impact of automation, artificial intelligence, global trade, access to new forms of data and the internet of things on the workforce, businesses and economy.
• Clarifies that carsharing platforms may obtain insurance coverage from non-admitted carrier and that carsharing platforms do not need their own insurance-producer or broker licenses to offer or maintain insurance policies for carsharing vehicles or drivers.

Other bonding authorizations include

• $102,304,000 for local economic development projects;
• $12.5 million for the Commonwealth Zoological Corporation;
• $15 million for trial court virtual mediation services;
• $6 million for Massachusetts Cultural Council grants;
• $5 million for Mass Cultural Council public school grants;
• $20 million for Mass Cultural Council cultural facilities grants;
• $15 million for vocational technical school expansion grants; and
• $15 million for higher education workforce grants.

CommonWealth Magazine: Will Gov Baker sign the climate bill?

"For Baker, crunch time on climate change"

"LAST WEEK, a bipartisan climate bill passed with overwhelming majorities in the Massachusetts House and Senate. Gov. Charlie Baker now has to choose – by Thursday at midnight – between cementing his and the Commonwealth’s position as climate leaders, or withholding the tools needed for Massachusetts to comply with its own climate law.

A broad coalition of business, health, environmental, and environmental justice groups supports the bill. It includes key efforts that the Baker administration and the Legislature alike have deemed essential: offshore wind, better appliance efficiency standards, natural gas safety measures, and much more. Critically, the bill updates the state’s Global Warming Solutions Act by including a mandate to reduce state emissions to net zero by 2050, and centers environmental justice in policy-making. This bill sets the course for decarbonizing our economy and society over the next 30 years."

Continue reading the article

https://commonwealthmagazine.org/opinion/for-baker-crunch-time-on-climate-change/

 

Direct link to Climate legislation doc: https://malegislature.gov/Bills/191/S2995

 

Statement from Senate President Karen E. Spilka and House Speaker Ronald Mariano

“Climate change is the greatest existential threat facing our state, our nation, and our planet, and so Governor Baker should sign the climate change bill that is now on his desk. Should he not take this important step, the Senate and House are united in our intention to refile and pass the conference committee bill in its entirety and get it onto the Governor’s desk in the coming days.”