Legislative Update

Mark Molloy, Esq., Tenax Strategies, Inc.

As the Legislative Session Turns Towards the End of Formal Session, Progressive House Members

Urge Senate Action on Increasing Taxes

As the Massachusetts legislature pushes tobecause a previous tax vote that the House wards the end of formal sessions on July took to generate $600 million did not move 31, a significant number of House legislaforward in the Senate. The Commonwealth’s tors have called upon their Senate counterparts to borrowing constraints and interest rate also take up legislation providing revenue for the Comstands to be negatively impacted without this monwealth’s transportation infrastructure. Thirty$600 million in revenue. As policymakers, it is seven House members led by House Progressive on us to find creative answers to difficult quesCaucus Chairs, Rep. Tricia Farley-Bouvier of Pittstions. There is never a perfect time to pass a field and Jack Lewis of Framingham, expressed tax increase, but as elected officials, it is our concern that the Senate had “not yet taken up the duty to act boldly and in the best interest of our progressive transportation revenue bill, which the constituents.” House passed in early March.” The letter, which In making the case for additional tax revenue, was sent to the entire Massachusetts Senate, elicadvocates have highlighted two essential elements: ited a quick response from Senate leaders akin to (a) the price of fuel has dropped dramatically due “what about the bills we’ve sent over?” to a number of factors and (b) the Commonwealth’s

As reported previously in Construction Outtransportation funding gap has not gone away, nor look, the Massachusetts House of Representatives will it. passed a tax package right before the COVID-19 For its part, the Senate response was led by pandemic severely impacted the Massachusetts Senator Adam Hinds, the Senate Chair of the Joint economy. The measure would raise approximately Committee on Revenue. In pointing out his work $600 million through a combination of fuel tax inwith a Senate working group looking at the issue of creases, rental car, and ride hailing assessments funding in light of the COVID-19 pandemic, Senaas well as other measures. In their letter, Repretor Hinds released a statement which stated that sentatives highlighted: he “appreciate[d] the House members' legislative

“The Commonwealth is now facing a staggeradvocacy, just as the Senate will continue to ading $6-$7 billion revenue loss and the prospect vocate strongly for action on lowering the cost of of laying off thousands of teachers, social workprescription drugs, mental health reform, healthy ers, and human service workers if we cannot youth, climate change legislation, and legislation find a way to address this fiscal crisis. We must relating to telehealth, surprise billing, and scope instead explore a menu of options including of practice." The measures highlighted by Senatapping the Rainy Day Fund, maximizing fedtor Hinds are measures, previously passed by the eral aid, raising targeted progressive revenue, Senate during this session, that currently sit before and possibly even borrowing. Our argument to the House. raise further progressive revenue is weakened continued on page 9

Legislative Update continued from page 7

As to whether the Massachusetts legislature takes up this issue or, possibly, extends the session to allow for its consideration remains anyone’s guess. While Speaker Bob DeLeo indicated to the Boston Globe earlier this year that he was open to considering the possibility, there has been little public discussion about an extension from either the Speaker or his counterpart, Senate President Karen Spilka since then. The Massachusetts legislature, which would traditionally have a budget in place by July 1, will likely file a successive number of 1/12 th or partial budgets as they consider their next steps. Without information as to whether additional federal funding to states and municipalities will be coming and the lack of information about the revenue coming in as a result of the upcoming July 15 state tax deadline, legislators have been understandably hesitant to pass a budget – particularly where Massachusetts cannot deficit spend in its budgeting process.

Stay tuned for more information as the month of July progresses. The Massachusetts legislature will continue to remain active on a variety of COVID-19 related and non-COVID-19 related matters.

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MWRA Working To Monitor Deer Island Wastewater

As reported by the State House News Serlence of the coronavirus. vice in June, the Massachusetts Water Authority officials noted that those samples Resources Authority (MWRA) board apwere collected after Phase 2 of the state's reopenproved a six-month, $200,000 contract with Biobot ing began and after some of the large demonstraAnalytics, a startup founded by MIT graduates and tions that were held in Boston and other communifaculty, to collect and test samples of wastewater ties. The MWRA will likely establish a long-term arriving at two different intakes at Deer Island and program through a competitive bid process for to conduct rapid analysis for signs of the virus that 2021 and beyond, for as long as COVID-19 contincauses COVID-19. ues to be a public health threat.

Biobot Analytics was the first company to demAccording to its website, “inspired by the poonstrate in the United States that it is possible to tential of wastewater epidemiology, Biobot is the gauge levels of coronavirus activity by screening first company in the world to commercialize data raw sewage. The company looked at samples profrom sewage. After winning multiple entreprevided by the MWRA and determined that signs of neurship competitions at MIT, including a place the virus were significantly higher than expected. in the DeltaV and DesignX accelerators, Biobot To its credit, Biobot provided pro bono services completed the Y Combinator accelerator in San to more than 400 treatment facilities in 43 states. Francisco. Headquartered in the Boston area, The partnership between MWRA and Biobot that [Biobot] aim[s] to extend our wastewater epidebegan in early March has continued. The MWRA miology platform across all five continents.” For reported to board members last week that raw data more information about this enterprising compafrom Deer Island collected the week of June 15 ny, please visit: www.biobot.io. "shows continued downward trend" in the prevacontinued on page 11

Legislative Update continued from page 9 The Coming Wave of PFAS Notifications? Acton

Issues Public Notice About Presence of PFAS

As reported in Wicked Local Acton in late June, sources showed a range of 0.0 to 48.33 ppt of the comthe Acton Water District mailed out a public bined total of the following six PFAS compounds: PFOA, notice – as required by the Massachusetts PFOS, PFNA, PFHxS, PFHpA, and PFDA. Currently Department of Environmental Protection – to all two of Acton’s five water treatment plants have tested residents on June 26 discussing levels of PFAS deabove the MassDEP Guideline and proposed drinking tected in the drinking water. Per- and polyfluoroalkyl water regulatory limit of 20 parts per trillion (ppt) for six substances (PFAS) are a group of man-made chemiPFAS compounds. The water supply well with the highcals that includes PFOA, PFOS, GenX. PFAS have est initial PFAS levels (Assabet 1A Well) was removed been manufactured and used in a variety of indusfrom service on March 9 and has been used in a limited tries around the world since the 1940s. Exposure to capacity. these chemicals can accumulate over time and there The North Acton Treatment Plant, which has the is evidence that exposure can lead to adverse human highest treated water concentrations of PFAS, was rehealth effects. moved from service on April 30 to conduct major main

According to the public notice letter, the Acton Watenance activities. Additional sampling needs to be ter District (AWD) proactively sampled for PFAS based conducted when the work is completed to determine if on the presence of two Superfund Sites - W.R. Grace this source will remain offline in the short term while a and Nuclear Metals, Inc - in Acton and the push towards permanent solution can be developed. further regulation of PFAS at the State and Federal The Acton Water District has listed the results of level. Based on the results of initial testing, all productheir testing and efforts to combat PFAS in the water tion wells and treatment plants serving the town were supply on its website. The thorough gathering of inforsampled for PFAS. mation can be found at: https://www.actonwater.com/

The letter stated that samples collected between water-quality/pfas. January 13, 2020 and April 28, 2020 from multiple well continued on page 13

Legislative Update continued from page 11

MassDEP Seeks Additional Public Input on

Draft Solid Waste Master Plan, Schedules Virtual Public Meetings

The Massachusetts Department of Environpertaining to the management of solid waste and recymental Protection (MassDEP) recently ancling in the Commonwealth. The public comment perinounced that it is seeking additional input on od is now open and will close on September 15, 2020. specific issues related to the Commonwealth’s Draft In accordance with Massachusetts Department 2020-2030 Solid Waste Master Plan (SWMP), which of Public Health guidelines for social distancing, the establishes the policy framework for solid waste public hearings will be conducted online and via telemanagement in Massachusetts. The SWMP is typiphone. The dates for the public hearings are: cally updated every 10 years. • Wednesday, July 22, 6-8 p.m. MassDEP issued its Draft 2020-2030 Solid Waste Master Plan for public comment and held five • Thursday, August 20, 6-8 p.m. public hearings in Fall 2019, leading to extensive • Tuesday, September 1, 6-8 p.m. comments from stakeholders and the public. Input • Thursday, September 10, 6-8 p.m. proposed more engagement with Environmental JusWritten comments can be submitted electronitice communities, which are communities that have cally to dep.swmp@mass.gov or by mail to: John experienced environmental burdens. In addition, the Fischer, Massachusetts Department of Environmenimpacts of COVID-19 on public health and the econtal Protection, 1 Winter Street, Boston, MA 02108. omy need to be considered before finalizing the plan. For a link to participate in the virtual hearings, please

MassDEP is reopening the public comment period visit: https://www.mass.gov/news/massdep-seeksfor the Draft 2020-2030 SWMP. The comment period additional-public-input-on-draft-solid-waste-masterwill focus specifically on the issues impacting Environplan-schedules-virtual mental Justice communities and COVID-19 impacts continued on page 15

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Baker-Polito Administration Expands Proposed Economic Development Legislation

At a press conference at the end of June, the • Reallocates funding among proposed authorizaBaker-Polito Administration unveiled a COtions, to better address the significant economic VID-19 economic recovery package to generimpacts of COVID-19 and to help provide a path ate economic growth amidst the COVID-19 pandemfor recovery, particularly for those most devasic. The $275 million package, designed to promote tated by the pandemic; equity across the Commonwealth, is an update to • Establishes new tools to promote equity and drive the Administration’s Act Enabling Partnerships for economic growth in communities and among Growth, the economic development legislation origibusinesses facing barriers to entry in areas like nally filed on March 4, 2020. state contracting.

According to a press release announcing the iniTo accomplish these goals, the Administration tiative as well, the original legislation was the product is proposing allocating an additional $15 million for of a nearly year-long economic development planning neighborhood stabilization (for a total of $40 million) process last year, and the now $275 million proposal to invest in blighted and distressed homes. This fundrepresents a targeted package of investments across ing, paired with collaboration and engagement with three core areas: housing, community development, community organizations and municipalities, will and business competitiveness. In response to the bring safe, affordable housing units back on the mardramatically different economic landscape due to the ket. To allow the state to invest in more small busiCOVID-19 pandemic, the Administration has asked the nesses overall, especially those owned by underrepMassachusetts legislature to consider an amended resented populations, and to leverage greater federal scope for several of the proposed programs, reallocate and private investment dollars, the Administration is funding among proposed authorizations, and establish recommending increasing funding for Community new tools to promote equity and drive economic growth. Development Financial Institutions (CDFIs) by $25 To address the new realities brought on by COVID-19, while continuing to address the opportunities and challenges already identified in the Partnerships million (for a total of $35 million). Finally, to help address the disproportionate challenges to accessing early stage business financing, the Administration is asking the Legislature to triple funding for grants to for Growth economic development plan, the prosupport micro businesses from a total of $5 million to posed package: $15 million. Massachusetts Growth Capital Corpora• Amends the scope of several proposed protion (MGCC) recently launched a pilot program called grams, to target funding towards specific commuBiz-M-Power, which offers 1:1 matching grants and nities including those hardest hit by COVID-19; technical assistance to microbusinesses (fewer than 20 employees) who have successfully crowdsourced up to $10,000 in seed capital.

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In what has become a constant drum beat by the Administration, the proposed legislation also includes the language of its “Housing Choice” legislation, which is designed to enable cities and towns to adopt certain zoning best practices through a simple majority vote rather than the current two-thirds supermajority.

The Joint Committee on Economic Development and Emerging Technologies, which recently held a virtual hearing on the legislation, is expected to release the same in the month of July. continued on page 17

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Legislative Update continued from page 15 News in Brief • Sales Tax Holiday: August 29-30. As required help optimize and improve the Affirmative Marby a law passed last session, the Baker-Polito keting Program (AMP), which sets goals for par

Administration recently announced that the anticipation by minority-owned businesses (MBEs) nual sales tax-free weekend will take place the and women-owned businesses (WBEs) in deweekend of August 29-30. This is the second sign and construction for the state and municisales tax holiday held since the 2018 law was palities with vertical construction. In particular, signed. The sales tax holiday applies to indithe proposed legislation proposes an increase viduals purchasing retail items for personal use in the dollar thresholds over which public entities only. Purchases by corporations or other busiare required to subcontract and bid out specific nesses—or purchases by individuals for busicomponents of a project. Currently, bids for most ness use—remain taxable. In addition to exempt subcontracted work over $25,000 are subject to a items like alcohol, telecommunications services and marijuana, any single item costing more than $2,500 is not exempt from taxation. For more information about the sales tax holiday, please visit: https://www.mass.gov/info-details/salestax-holiday-frequently-asked-questions filed sub-bid requirement, a process that requires interested subcontractors to comply with certification, bonding and other requirements, and to submit bids to the awarding authority. These requirements can discourage smaller MBEs and WBEs from participating in public building projects due to the administrative burden and cost. • MassRMV to Allow Independent Insurance This proposal would also increase the thresholds

Agents to Renew and Reinstate Vehicle Reggoverning when filed sub-bids would be required, istrations. The Massachusetts Registry of Moto instead only require them when the subcontors Vehicles (RMV) recently announced that, in tracted work costs more than $50,000 and the partnership with Boston Software Corporation, a overall project cost exceeds $1 million. To view new online service is now available, which enthe filed legislative matter, please visit: https:// ables independent insurance agents to renew malegislature.gov/Bills/191/H4511. n and reinstate passenger and commercial vehicle registrations on behalf of their customers. This eliminates the need for eligible vehicle owners and drivers to visit an RMV customer service center to renew or reinstate their registration.

According to the RMV press release announcing the same, using the new feature in Single

Point, insurance agents can seamlessly access the RMV’s ATLAS system to confirm that the reinstatement or renewal transaction is eligible to be completed online, and attest that a vehicle is properly insured. Owners or drivers will then get an email link instructing them to pay for the transaction and, when payment is provided, the registration will be reinstated or renewed immediately.

This process works for registration renewals and reinstatements that require proof of insurance.

• Committee Hears Administration’s MBE/WBE

Legislation. The Joint Committee on State Administration recently held a virtual hearing at the end of June for the Baker-Polito Administration bill, An Act to Expand Opportunities for Minority and Women Business Enterprises in Public Construction Projects, and announced a series of administrative changes to promote greater participation of minority- and women-owned businesses in public construction, including small businesses. According to the Administration’s press release on the same, these changes will