6-29-2024 7:32pm

Beacon Hill Roll Call

Alan Earls Editor

If you have any questions about this week's report, e-mail us at bob@beaconhillrollcall.com or call us at (617) 720-1562.

Volume 49 - Report No. 26

June 24-28, 2024

By Bob Katzen

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THE HOUSE AND SENATE: Beacon Hill Roll Call records local representatives’ and senators’ votes on roll calls from the week of June 24-28.

$540 MILLON FISCAL 2024 SUPPLEMENTAL BUDGET (H 4790)

House 153-1, approved and sent to the Senate a $540 million fiscal 2024 supplemental budget to close out the books for fiscal year 2024. Provisions include millions of dollars in funding for 18 collective bargaining agreements; $26.5 million for cities and towns to prepare for and celebrate in 2026 the 250th anniversary of the American Revolution; $5.5 million for tax abatements for veterans, widows, blind persons and the elderly; and $29.6 million for Income-Eligible Child Care; $2.1 million for Women, Infants and Children Nutrition Services.

Supporters said the bill funds necessary and important projects and programs to help close out the books on fiscal 2024.

Rep. Marc Lombardo (R-Billerica), the only member who voted against the bill, did not respond to repeated requests by Beacon Hill Roll Call to comment on why he opposed the bill.

(A “Yes” vote is for the bill. A “No” vote is against it.)

Rep. Jeffrey Roy Yes

BAN HOME EQUITY THEFT (H 4791)

House 154-0, approved and sent to the Senate a measure that would prohibit cities and towns that foreclose on properties on which the owner owes back property taxes, from keeping all of the profits when the city or town sells the property at auction. Current Massachusetts law allows this practice. The bill would allow the city or town to keep only the amount owed in back taxes and send the remainder to the owner.

Last year, the United States Supreme Court ruled that cities and towns that foreclose on properties on which the owner owes back property taxes, cannot keep all of the profits when the city or town sells the property at auction. Supreme Court Chief Justice John Roberts, writing a unanimous decision about a similar Minnesota law, said that "a taxpayer who loses her $40,000 house to the state to fulfill a $15,000 tax debt has made a far greater contribution to the public fisc than she owed."

"This legislation provides much needed consumer protections to property owners and clarity to municipalities on tax lien procedures," said Rep. Mark Cusack (D-Braintree), House Chair of the Committee on Revenue. “Equity will now be returned to its rightful owner while making cities and towns whole.”

The bill was based on earlier versions of the measure sponsored by Reps. John Mahoney (D-Worcester), Tram Nguyen (D-Andover) and Jeff Roy (D-Franklin),

“For far too long, unscrupulous collectors have taken advantage of Massachusetts homeowners in foreclosure,” said Mahoney. “This legislation rectifies this systematic problem once and for all. By protecting the hard-earned equity of our neighbors, while balancing the needs of cities and towns, we can stifle the corruption of bad-faith lienholders and make the commonwealth a more prosperous place for working families.

“The best way for property owners to keep the equity in their homes, is for them to keep their homes,” said Nguyen. “This bill protects homeowners by providing better notices in the municipal tax lien process and presenting opportunities to cure deficiencies.”

“Today’s vote by the Legislature makes the tax taking process more just and erases the patently unfair and unconstitutional processes used to rob homeowners of their home’s equity built over years,” said Roy. “The bill enhances due process protections which will ensure that a homeowner receives adequate notice and affirms their right and opportunity to claim that equity. Moreover, this significant legislative step provides homeowners with an equitable process for resolving tax delinquencies and rectifies constitutional problems with the current law.”

(A “Yes” vote is for the bill.)

Rep. Jeffrey Roy Yes

$3.4 BILLION ECONOMIC DEVELOPMENT PACKAGE (H 4789)

House 155-2, approved and sent to the Senate a $3.4 billion economic development package that supporters said includes an array of investments and policy initiatives that aim to bolster support for workers and businesses, particularly in the life sciences, clean energy technology and manufacturing industries, while retaining a larger focus on making Massachusetts more affordable and competitive.

Provisions include $500 million for the Massachusetts Life Sciences Center to provide grants and loans to grow the life sciences industry in Massachusetts; $400 million for MassWorks public infrastructure grants to cities and towns; $150 million for grants for cities and towns for library projects; $100 million for the Rural Development Program providing financial assistance to exclusively rural areas; $100 million for the Seaport Economic Council Grant program for municipalities for the construction and repair of coastal assets; and $100 million for Applied AI Hub Capital grant program to support the adoption and application of AI technology in the state's tech sectors.

The bill includes several tax credits including a $30 million annual tax credit for a program to expand the Climatetech industry; $7 million annual tax credit to support pre-Broadway, pre-off Broadway, national tour launches and regional professional theater productions; $5 million per year, to support the production of video games; and a $10 million tax credit for employers, consisting of $100,000 per employee that employ for 12 weeks a recent graduate of a public or private institution of higher education in Massachusetts.

“Through billions of dollars in critical investments and tax credits, the House’s economic development bill provides support for companies at the forefront of innovation in the clean energy and the life sciences sectors, among other burgeoning industries,” said House Speaker Ron Mariano (D-Quincy). “Ultimately, this legislation will help to ensure that the commonwealth remains a hub for those industries of the future, while also enhancing support for workers across Massachusetts.”

“This well-rounded economic development package makes significant, targeted investments into major sectors of the commonwealth’s economy,” said Rep. Aaron Michlewitz (D-Boston), Chair of the House Committee on Ways and Means. “By renewing our commitment to the life sciences industry, and by making significant new investments into ClimateTech, we will be elevating the commonwealth’s economy to be able to compete and thrive for years to come.”

“This legislation promotes economic growth across all regions of the state and makes several targeted investments in key sectors like life sciences and climatetech,” said Rep. Jerry Parisella (D-Beverly), House chair of the Committee on Economic Development and Emerging Technologies. "Highlights of this session's bill include $700 million in meaningful tax credits, new permitting reforms, workforce training and consumer protections around ticket sales, electric vehicle charging and home improvement contractors. This is an exciting time in Massachusetts history and I'm proud of the work done to keep us not only competitive, but a leader in vital industries."

Reps. Marc Lombardo (R-Billerica) and Nicholas Boldyga (R- Southwick), the only two members to vote against the bill, did not respond to repeated requests by Beacon Hill Roll Call to comment on the bill and why they opposed it.

(A “Yes” vote is for the bill. A “No” vote is against it.)

Rep. Jeffrey Roy Yes

CLEAN ENERGY (S 2829)

Senate 38-2, approved and sent to the House climate legislation that supporters say will make systemic changes to the state’s clean energy infrastructure that will help the state achieve its net zero emissions by 2050 goals. They say it will also expand electric vehicle use and infrastructure and protect residents and ratepayers.

The bill would ban competitive energy suppliers from enrolling new individual residential customers – a move that supporters say will save residents’ money and protect residents from unfair and deceptive practices.

Other provisions would lower utility rates for consumers with low- and middle-incomes by directing utility providers to offer lower rates to eligible consumers; consolidate the review of clean energy siting and permitting and expedite the timeline of projects; extend through 2027 the state’s MOR-EV program which gives residents $3,500-$6,000 for the purchase of new or used electric vehicles; allow residents who own parcels within condominiums, homeowner associations and historic districts to install EV chargers; make it easier to decarbonize buildings across the state; modernize the ‘bottle bill’ by adding noncarbonated beverages, wine and spirits to the list of containers eligible for a bottle deposit and increasing the deposit amount from 5 cents to 10 cents; and rein in a statutory provision that for decades has given gas companies a preferential ratemaking advantage over providers of other heating sources.

“Today’s vote isn't just a step toward reaching our net-zero emissions mandate,” said Senate Majority Leader Cynthia Creem (D-Newton), Chair of the Senate Committee on Global Warming and Climate Change. “It's a leap toward a greener, cleaner future. The gas system reforms in the Senate climate bill make Massachusetts the national leader in the transition from gas to clean forms of heating, and they also protect residents’ wallets.”

“We are in a climate crisis,” said Senate President Karen Spilka (D-Ashland). “The Senate has heard loud and clear from residents, advocates and clean energy leaders that we need systemic infrastructure changes to deliver on our net zero by 2050 emissions goals. Today we are taking action to make it easier and more efficient to build clean energy infrastructure so that Massachusetts can deliver on our climate commitments and leave our kids with the green state and planet that they deserve.”

“Mass Audubon is proud that our legislative climate and energy leaders and the Healey Administration have delivered an omnibus climate bill which reflects so many of the recommendations of the Commission on Clean Energy Infrastructure Siting and Permitting,” said Michelle Manion, Vice President of Policy and Advocacy at Mass Audubon. “[The bill] accelerates clean energy while also recognizing the importance of nature – our forests, wetlands and farms – in the climate fight, and that our towns and cities are essential partners in delivering on the solution set. This bill is the commonwealth’s next best step in addressing the climate crisis.”

"The Massachusetts Senate has approached this legislation like Don Quixote, mistaking natural gas as an enemy worth eliminating when instead it should be considered a useful ally,” said Sen. Ryan Fattman (R-Sutton) who voted against the bill. “This legislation not only severely undercuts the use of natural gas, it fails to address the cost of electricity in the commonwealth which is currently ranked as the fourth highest in the nation. If you love paying higher costs for electricity year after year, you'll love this Senate legislation.”

Fattman continued, “While more than half of Massachusetts households rely on natural gas for heating their homes and cooking their food, this legislation all but eliminates that possibility without providing a clear path on making other energy sources achievable, accessible and affordable. We are not prepared to implement these vast changes to our energy sector and a lack of preparation will, no doubt, lead to chaos down the road."

Sen. Peter Durant (R-Spencer) the only other senator who voted against the bill, did not respond to repeated requests by Beacon Hill Roll Call asking him to comment on the bill and his vote.

(A “Yes” vote is for the bill. A “No” vote is against it.)

Sen. Rebecca Rausch Yes Sen. Karen Spilka Yes

$1 BILLION CLEAN ENERGY AND CLIMATE ACTION FUND (S 2829)

Senate 1-38, rejected an amendment that would create a $1 billion Clean Energy and Climate Action Fund to be administered by the Massachusetts Clean Energy Technology Center, which would distribute funds to efficient retrofits and upgrades that fit into the state’s commitment to reducing emissions from the built environment.

“I am extremely disappointed that this amendment was rejected as part of this bill," said amendment sponsor Sen. Mark Pacheco (D-Taunton). "The transition to clean energy will require a significant investment, and this investment is currently one of the biggest barriers to the transition to clean energy. The cost of this fund pales in comparison to the costs the Commonwealth will incur if the transition to clean energy is not expedited.”

Amendment opponents said the $1 billion would come from the Rainy Day Fund which, because of lower tax revenue, has not been as flush with money as the Senate thought it would be.

Sen. Mike Barrett (D-Lexington), a lead sponsor of the bill, did not respond to repeated requests by Beacon Hill Roll Call to comment on his opposition to this amendment.

(A “Yes” vote is for the amendment. A “No” vote is against it.)

Sen. Rebecca Rausch No Sen. Karen Spilka President rarely votes

HOUSING (S 2834)

Senate 40-0, approved a housing bill that would authorize $5.4 billion in borrowing to spur housing production in the Bay State. Supporters said the package makes crucial policy changes with the goal of building new housing, accelerating the rehabilitation of existing housing, reducing barriers to development and promoting affordable housing.

The House has already approved a different version of the package and a House-Senate conference committee will likely attempt to hammer out a compromise version.

Provisions include $2.2 billion for repairs, rehabilitation and renovation of public housing; $425 million for the Housing Stabilization and Investment Trust Fund which works with cities and towns, non-profits and developers to support housing preservation, new construction,and rehabilitation projects to create affordable rental units; $800 million for the Affordable Housing Trust Fund to create and preserve housing for households with an income at or below 110 per cent of the area’s median income; $275 million for innovative, sustainable and green housing initiatives; $200 million for the CommonWealth Builder program to further the production of housing in gateway cities for first-time homebuyers; and creates a process for tenants to seal their eviction records in cases of no-fault evictions.

“The … bill is more than a legislative measure -- it is a bold commitment to the principles of production, preservation and protection of housing across the commonwealth,” said Sen. Lydia Edwards (D-Boston), Chair of the Senate Committee on Housing. “With a $5.4 billion investment, we are building new homes, preserving existing ones and ensuring that all residents, especially the most vulnerable, have access to safe and affordable housing.”

“An affordable, equitable, and competitive commonwealth is one in which a renter can find an apartment within their budget, a family can afford a down payment on their first home, and residents aren’t priced out of communities where they want to live,” said Senate President Karen Spilka (D-Ashland). “Today the Senate took concrete action to make that vision a reality, a first step in rectifying decades of underinvestment that has led to our housing crisis.”

“I’m thrilled that the Senate, in partnership with the House and the Healey-Driscoll administration, has addressed the very real housing crisis we face today, the greatest impediment to making it in Massachusetts,” said Sen. Mike Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “This crisis takes many forms, including the lack of available housing, the lack of affordable housing, housing access and the waitlist for seniors and lower income families. This comprehensive bond bill addresses those barriers—and more—by dedicating $5.4 billion in a multi-year package to tackle this crisis head on. The passage of this legislation today now puts our ambitious plans in motion.”

Although no senators voted against the bill, some tenant advocates criticized the package, noting that while both the House and Senate versions would take meaningful steps towards expanding affordable housing options, neither version does anything for people who are currently struggling to stay in their homes.

"Even if all the housing envisioned in the bond bill is ultimately built, it would still be a drop in the bucket compared to the scale of the housing crisis that is forcing working people out on the street today," said Carolyn Chou, executive director of Homes for All Mass. "Without immediate relief, tens of thousands of Massachusetts residents will be forced out of their homes by rising rents in the coming years, and we’ll continue to lose the working people who power our economy as they fall victim to predatory real estate speculators."

(A “Yes” vote is for the bill.)

Sen. Rebecca Rausch Yes Sen. Karen Spilka Yes

APPEAL MBTA COMMUNITIES ACT (S 2834)

Senate 6-34, rejected an amendment that would require the Department of Housing and Community Development to develop and promulgate regulations allowing a city or town affected by the zoning provisions of the MBTA Communities Act to appeal for relief from those provisions. Any appeal would have to be based on at least one of the following criteria: the community’s inability to meet the drinking water supply or wastewater requirements necessary to support the housing units authorized by the law’s zoning provisions; the inability of municipal transportation infrastructure to safely accommodate the increased population attributable to this housing development; any adverse environmental impacts attributable to the development of housing units under this act; and any adverse impacts on historic properties.

Amendment supporters said the amendment would offer a reasonable appeal process to assist cities and towns impacted by the MBTA Communities Act.

Sen. Bruce Tarr (R-Gloucester), the sponsor of the amendment, did not respond to repeated requests by Beacon Hill Roll Call to comment on his amendment.

Sen. Mike Rodrigues (D-Westport) said that this amendment is similar to budget amendments that were discussed robustly and noted the Senate was firm in its opinion that it did not want to change course on the MBTA Communities Act.

(A “Yes” vote is for the amendment allowing an appeal. A “No” vote is against the amendment.)

Sen. Rebecca Rausch No Sen. Karen Spilka No

HOME INSPECTIONS (S 2834)

Senate 39-0, approved an amendment that requires the Executive Office of Housing and Livable Communities to implement regulations that secure a homebuyer’s right to have an inspection done on a property before finalizing the purchase of the home. The regulation bans the conditioning of a sale on waiving or limiting the buyer’s right to inspect the home.

“Buying a home is one of the biggest purchases many families will ever make,” said amendment sponsor Sen. Mike Moore (D-Millbury). “Shouldn’t you have the right to know exactly what you’re purchasing before you sign a binding contract? This amendment will curb the practice of making offers that waive the right to a home inspection, something that’s become increasingly common in this ultra-competitive real estate market.

Moore continued, ”Buyers must not feel obligated to waive inspections, risking their most important investment, in order to find their forever home. In a commonwealth where we have long taken a strong approach to consumer protections, this is an obvious step to protect families from financial ruin due to costly undisclosed repairs.”

(A “Yes” vote is for the amendment.)

Sen. Rebecca Rausch Yes Sen. Karen Spilka President rarely votes

ALSO UP ON BEACON HILL

REQUIRE SPRINKLER SYSTEMS (H 2289) – The House approved and sent to the Senate legislation that would allow cities and towns to require the installation of an automatic sprinkler system in every newly-constructed 1- or 2-family home.

Sponsor Rep. Ruth Balser (D-Newton) said that today’s new homes burn hotter and faster than those of the past because of modern construction techniques and synthetic furnishings. She noted that as a result, residents have only one to three minutes to flee the average home without sprinklers.

“Automatic sprinklers work fast and give people more time to escape,” said Balser. “According to the Massachusetts Fire Sprinkler Coalition, having both sprinklers and smoke alarms reduces the risk of dying in a home fire by 80 percent. Additionally, automatic sprinklers put out 90 percent of home fires before the fire department arrives, which reduces firefighters’ exposure to the toxic products of combustion that cause cancer.”

SEXUAL ASSAULT BY FRAUD (H 4350) - The House approved and sent to the Senate a proposal that would make it a crime for a doctor or other medical professional to commit sexual contact with a patient even when the doctor claims the contact is necessary for a legitimate medical purpose.

Under current law, sexual contact by medical professionals represented to the patient as necessary for a legitimate medical purpose cannot be prosecuted, as the patient may be viewed as consenting to it, either explicitly or implicitly. Two courts have ruled that if a person consents to sexual intercourse, even under false pretenses, it is still consent.

"I am pleased to see [the bill] once again be passed by the Massachusetts House,” said the bill’s sponsor Rep. Kate Hogan (D-Stow). “The bill establishes protections for vulnerable patients and criminalizes medical or healthcare professionals who knowingly and falsely claim sexual contact for a medical purpose. This legislation provides necessary updates to Massachusetts' sexual assault laws."

REQUIRE SUICIDE PREVENTION HOTLINE INFO ON STUDENT IDS (H 1999) – The House approved and sent to the Senate legislation that would require all public schools with grades 6 to 12, and all public and private colleges to include on their student identification cards the telephone and text number for the 988 Suicide and Crisis Lifeline. The bill includes a provision that allows any schools and colleges which have a supply of old ID cards without the 988 line to continue to distribute those IDS until the supply is gone.

Supporters said that while suicide is a leading cause of death for people of all ages in the United States, young people are particularly at risk. They noted that according to a study published by the National Center for Health Statistics at the end of last year, suicide was the second leading cause of death for Americans aged 15-24, representing a 56 percent increase from the previous decade. They argued that there are significant disparities in these numbers, with LGBTQ+ youth being at greater risk and Black youth seeing a 73 percent increase in youth suicide rates in that same time period.

“Suicides were the second leading cause of death among children in Massachusetts in 2020, which is an alarming statistic,” said co-sponsor Rep. Jack Lewis (D-Framingham). “We must ensure that every student has the information at their fingertips to get the support and resources they need. Seeking help is hard even for the most self-aware adults. Providing the avenues to support is essential to promoting positive and sustainable public health practices.

“This is a simple proposal that can have critical impact, ensuring our students are equipped with the 988 Behavioral Help Line on their student IDs, if they, or their friends, need to connect with resources to support and trusted mental health resources,” said co-sponsor Rep. Natalie Higgins (D-Leominster).

DELIVERING CARS TO DEALERSHIPS (H 3472) – The House gave initial approval to a bill that would prohibit any car carriers delivering cars to a dealership from parking on a public street or highway. A car carrier operator who violates this law would be subject to a $250 fine and potential license suspension. The carrier company is also subject to forfeiting its carrying permit.

Supporters said that regular drivers are often forced to take evasive action, on short notice, to avoid a collision with the haphazardly parked car carrier and the vehicles being offloaded and driven perpendicular to traffic to their dealership destinations.

“Like many Peabody residents who drive on Route 114, I experience first-hand the risky and dangerous practice of car carriers unloading their vehicles in the center lane and driving across several lanes of oncoming traffic to reach the dealerships," said Rep. Tom Walsh (D-Peabody). “To protect roadway user safety, we filed this common-sense legislation to explicitly outlaw this practice and provide our police the tools they need to enforce the law accordingly.”

QUOTABLE QUOTES

“Ensuring every veteran receives the proper status and respect they deserve is a top priority of the Executive Office of Veterans Services. The injustices faced by LGBTQ+ service members are a stain on our history that we are committed to erasing. Massachusetts is leading the way when it comes to supporting our veterans and this initiative is a crucial step to healing past wounds and fostering a more inclusive military community.”

---Secretary Jon Santiago of the Massachusetts Executive Office of Veterans Services, applauding President Joe Biden’s decision to pardon thousands of former U.S. service members convicted under the now-repealed Article 125 of the Uniform Code of Military Justice, which criminalized consensual gay sex. This law, in effect since 1951, was revised in 2013 to prohibit only forcible acts.

“When someone is struggling with feelings of despair, a caring and compassionate presence on the other end of the 988 Lifeline can be lifesaving. Suicide prevention is a critical public health responsibility and the 988 Lifeline is a resource that offers emotional support at some of the most vulnerable moments in a person’s life.”

---State Public Health Commissioner Robbie Goldstein on the Department of Public Health’s announced that $8.3 million in state and federal grant funding will be awarded to five community organizations to support the continuation of services for the 988 Suicide and Crisis Lifeline Network.

“Fireworks are inherently dangerous. Possessing or using them in Massachusetts requires licensing and certification. They are illegal for personal use here even if purchased legally in another state. These laws work: the rate of fireworks injuries in Massachusetts is about one-fifth the national average.”

--- State Fire Marshal Davine on the upcoming 4th of July celebrations.

HOW LONG WAS LAST WEEK’S SESSION?

Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legislature’s job and that a lot of important work is done outside of the House and Sena er matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been filed. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late-night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session.

During the week June 24-28, the House met for a total of 15 hours and 46 minutes and the Senate met for a total of 23 hours and 44 minutes.

Mon. June 24 House 11:02 a.m. to 11:09 a.m.

Senate 11:07 a.m. to 11:45 a.m.

Tues. June 25 No House session

Senate 11:30 a.m. to 8:52 p.m.

Wed. June 26 House 11:00 a.m. to 3:50 p.m.

No Senate session

Thurs. June 27 House 11:00 a.m. to 9:49 p.m.

Senate 10:08 a.m. to 11:52 p.m.

Fri. June 28 No House session

No Senate session

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com