Beacon Hill Roll Call: June 24 to June 28, 2024

By BOB KATZEN

Published: 07-05-2024 3:18 PM

Beacon Hill Roll Call records local representatives’ and senators’ votes on roll calls from the week of June 24 to June 28.

$540 million supplemental budget (H 4790)

The House, 153-1, approved and sent to the Senate a $540 million 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; $29.6 million for income-eligible child care; and $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 FY24.

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.

Rep. Natalie Blais — Yes

Rep. Aaron Saunders — Yes

Rep. Susannah Whipps — Yes

Ban home equity theft (H 4791)

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The 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 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 rest 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 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. Natalie Blais — Yes

Rep. Aaron Saunders — Yes

Rep. Susannah Whipps — Yes

$3.4 billion economic development package (H 4789)

The House, 155-2, approved and sent to the Senate a $3.4 billion economic development package that supporters say includes an array of investments and policy initiatives that 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; $400 million for MassWorks public infrastructure grants; $150 million for grants 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 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 tech sectors.

The bill also includes several tax credits, including a $30 million annual tax credit for a program to expand the climate tech industry; a $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.

“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 climate tech, we will be elevating the commonwealth’s economy to be able to compete and thrive for years to come.”

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.

Rep. Natalie Blais — Yes

Rep. Aaron Saunders — Yes

Rep. Susannah Whipps — Yes

Clean energy (S 2829)

The 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 achieve 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 them 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 to $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 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.”

“Mass Audubon is proud that our legislative climate and energy leaders and the Healey administration have delivered an omnibus climate bill [that] 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. Joanne Comerford — Yes

Sen. Paul Mark — Yes

$1 billion Clean Energy and Climate Action Fund (S 2829)

The 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 “No” vote is against the amendment.

Sen. Joanne Comerford — No

Sen. Paul Mark — No

Housing (S 2834)

The Senate, 40-0, approved a housing bill that would authorize $5.4 billion in borrowing to spur housing production. 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% of the area’s median income; $275 million for sustainable housing initiatives; $200 million for the CommonWealth Builder program to further the production of housing in Gateway Cities for first-time homebuyers; and the creation of a process for tenants to seal their eviction records in cases of no-fault evictions.

“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.”

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 toward 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 Massachusetts. “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. Joanne Comerford — Yes

Sen. Paul Mark — Yes

Appeal for relief from MBTA Communities Act (S 2834)

The 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 “No” vote is against the amendment allowing an appeal.

Sen. Joanne Comerford — No

Sen. Paul Mark — No

Home inspections (S 2834)

The 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.”

A “Yes” vote is for the amendment.

Sen. Joanne Comerford — Yes

Sen. Paul Mark — Yes

Also up on Beacon HillRequire 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 one-family or two-family home.

Sponsor Rep. Ruth Balser, D-Newton, noted that residents have only one to three minutes to flee the average home without sprinklers in the event of a fire.

“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%. Additionally, automatic sprinklers put out 90% 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 health care 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 six to 12, as well as 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 that 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.

“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.”

Delivering vehicles to dealerships (H 3472)

The House gave initial approval to a bill that would prohibit any vehicle carriers delivering vehicles to a dealership from parking on a public street or highway. A vehicle 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 vehicle carrier and the vehicles being offloaded.

“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.”