Beacon Hill Roll Call records the votes of local representatives and senators from the week of June 28 to July 2.
Override veto of project labor agreement for Soldiers’ Home (S 2439)
The House, 130 to 30, and the Senate, 37 to 3, overrode Gov. Charlie Baker’s veto of a section of the bill authorizing $400 million to fund the construction of a new Soldiers’ Home in Holyoke. The section requires the home be built under a project labor agreement (PLA) that ensures that union labor will be used to build the facility by mandating a pre-bid, pre-hire collective bargaining agreement for the construction.
“This (PLA) requirement threatens the viability of this project by limiting fair competition and disproportionately reducing opportunities for minority, women and veteran-owned businesses,” wrote Gov. Charlie Baker in his veto message. “It will also raise the overall costs of this project precipitously and may result in a labor shortage, putting the project and project timeline in jeopardy.
“While PLAs do not technically prohibit non-union contractors from bidding on a project,” Baker continued, “PLA terms make it cost-prohibitive and impractical for any non-union member to participate.”
“I voted to uphold the project labor agreement provision … because it establishes practical standards for fair pay and workplace safety,” said Senate Marc Pacheco, D-Taunton. “In addition, the language … includes key safeguards designed to ensure inclusion and equity amongst project contractors. Construction initiatives throughout the commonwealth have successfully implemented project labor agreements in recent years and I am pleased the hardworking employees tasked with building this new facility will be able to rely on reasonable workplace conditions.”
“Gov. Baker recognizes the risk that the project labor agreement could bring to the Holyoke Soldiers’ Home project,” said Sen. Ryan Fattman, R-Sutton, who opposed the PLA provision. “Not only will it exclude the opportunity for women and minority-owned businesses to bid on components of the project, but the PLA could also signal unforeseen budget expenditures that drive the cost over budget. These risks will threaten the commonwealth’s ability to secure VA funding that is needed to match the commonwealth’s financial commitment in this bill.”
In an unusual occurrence, Senate Ways and Means Chair Sen. Mike Rodrigues, D-Westport, broke with Senate President Karen Spilka and her leadership team and was one of only three senators and the only Democrat to vote with the governor against the PLA.
Beacon Hill Roll Call asked Rodrigues why he voted against the PLA. His spokesperson Bently Holt responded, “The senator is tied up in conference and so will not be issuing a statement on this.”
Rodrigues also voted against the PLA agreement when it was up for a vote in April. At that time, he told the State House News Service, “I have problems with anytime we limit competition on any sort of public construction projects. I think more competition is healthier for everyone. It’s better for the taxpayers.”
A “Yes” vote is for overriding Baker’s veto and favors the PLA provision.
Rep. Natalie Blais — Yes
Rep. Paul Mark — Yes
Rep. Susannah Whipps — Yes
Sen. Joanne Comerford — Yes
Sen. Anne Gobi — Yes
Sen. Adam Hinds — Yes
$200 million for local roads and bridges (S 2486)
The Senate, 39 to 0, approved a bill that includes authorizing $200 million in one-time funding for the maintenance and repair of local roads and bridges. The package is a bond bill under which the funding would be borrowed by the state through the sale of bonds. The House has already approved a different version of the proposal and a House-Senate conference committee will likely work out a compromise.
“Safe roads, reliable bridges and modernized transit infrastructure made possible through this bill exemplifies the Senate’s approach to public transportation,” said Senate Transportation Committee Chair Joe Boncore, D-Winthrop. “The economic impacts of the COVID-19 pandemic have made the need for this funding more urgent. These investments will provide critical funding for shovel-ready transportation projects in our cities and towns, create jobs, and support local and regional economies.”
“It is good news that the … bill jumped another hurdle on Beacon Hill and is moving ahead,” said Massachusetts Municipal Association (MMA) Executive Director Geoff Beckwith. “The construction season is getting shorter with each passing day, and there is a huge need to enact the bill now. Communities depend on these funds for critical road repair projects. We are also asking that the state add to this $200 million … bill by using some of this year’s large budget surplus to put even more funding on the street, as it has done in past years. MMA estimates that the annual cost of getting and maintaining 30,000 miles of municipal roads into a state of good repair is approximately $600 million, and communities don’t have the resources to get there themselves.”
A “Yes” vote is for the bill.
Sen. Joanne Comerford —
Yes Sen. Anne Gobi — Yes
Sen. Adam Hinds — Yes
Also up on Beacon Hill State begins fiscal year 2022 with final budget
Fiscal year 2022 began on July 1 without a final state budget in place. A six-member conference committee is working to hammer out a compromise version of $47.7 billion budgets approved by the House and Senate. Instead, the Legislature approved and Gov. Baker signed into law a $5.41 billion interim budget designed to cover expenses for the month of July.
Governor cedes control of $4.9 billion (H 3827)
Gov. Baker signed into law legislation that determines who has control over spending the more than $5 billion in federal aid the state received from the American Rescue Plan Act, which provides aid to all 50 states to help mitigate costs related to the COVID-19 pandemic. This version would segregate $4.9 billion in a separate fund and give the Legislature control over when and how to spend that amount while giving the governor control over $200 million.
Supporters said this will give the Legislature control over the vast majority of the money but give the governor control over sufficient funds to respond to any urgent public health and other needs that might require immediate use.
In the meantime, Gov. Baker filed a bill to spend $2.9 billion of the money in several areas including housing and homeownership, economic development, job training, workforce development, health care and infrastructure. A similar measure proposed by the governor was defeated by the House, 30 to 130, on June 22, and the Senate, 3 to 36, on June 24. The bill filed last week is the same as that bill but provides an additional $100 million for marine port development.
“We are eager to work with the Legislature to put these funds to work and our $2.9 billion proposal will immediately aid those hardest hit by COVID-19 like communities of color and lower-wage workers,” Baker said. “This plan addresses homeownership gaps in communities of color, connects workers with in-demand job training, boosts addiction treatment services and invests in local infrastructure.”
Beacon Hill Roll Call asked House Speaker Ron Mariano and Senate President Karen Spilka for a comment on Baker’s signing of the bill and his refiling of the measure to spend $2.9 billion. Antonio Caban, a spokesperson for Spilka, referred to a previous joint statement released by the duo back on June 22 when the governor first proposed spending the $2.9 billion.
“The Legislature stands firm in its commitment to employing an open, transparent and thorough public process to best understand how we as a state can make smart investments with these one-time federal dollars to address pressing and long-term needs while promoting a just recovery for all areas of the state,” reads the June 22 statement. “Therefore, the Legislature will be holding a series of public hearings throughout the summer … with the goal of crafting spending plans directly informed by feedback from constituents and stakeholders, including those representing the areas identified by the governor in his proposal.”
$6.6 VaxMillions Giveaway for fully vaccinated residents underway
On July 1, the Baker administration kicked off registration for the Massachusetts VaxMillions Giveaway for residents who are fully vaccinated against COVID-19. Residents 18 years old and older, who have received two doses of the Pfizer or Moderna vaccine, or one dose of the Johnson & Johnson vaccine, have the opportunity to win one of five $1 million cash prizes. Fully vaccinated residents between 12 and 17 years old may enter for the chance to win one of five $300,000 scholarship grants. Drawings will be held once a week for five weeks beginning the week of Monday, July 26.
“The commonwealth leads the nation in vaccinating our residents, with almost 4 million people fully vaccinated, and our goal remains ensuring everyone that wants a vaccine has access to one,” Gov. Baker said. “The VaxMillions Giveaway is one of the many ways our administration is encouraging people to get the vaccine.”
There are more than 900 vaccination locations across the state, with appointments and walk-ins widely available. Residents seeking a vaccine can visit mass.gov/COVIDVaccine to find a vaccine location that is convenient for them.
For more information on the VaxMillions Giveaway, go to VaxMillionsGiveaway.com.
12 weeks of paid leave to care for ill or injured family members
July 1 was also the starting date for Massachusetts workers to be able to take up to 12 weeks of job-protected paid time off from work to care for a seriously ill or injured family member. This is the final piece of a 2018 law that created the comprehensive Paid Family and Medical Leave Program.
In January, other parts of the 2018 law took effect, including allowing workers to take up to 12 weeks of paid leave to care for a new child or to meet family needs related to a family member’s active-duty military service; up to 20 weeks to recover from a serious illness or injury themselves; and up to 26 weeks to care for a seriously ill or injured service member.
“Since January, thousands of Massachusetts workers have taken paid medical or parental leave as part of the state’s new Paid Family and Medical Leave Program,” said Andrew Farnitano, a spokesperson for Raise Up Massachusetts, which helped lead the charge for the 2018 law. “We’re thrilled that the final piece of the law is in effect. … Thanks to the 135,000 Massachusetts voters who signed petitions to support paid leave, and the work of legislators who passed the law in 2018, Massachusetts workers can now take the paid time they need to care for a family member, bond with a new child or recover from their own serious illness.”
For more information on the family and medical leave program, visit mass.gov/orgs/department-of-family-and-medical-leave.
Student loan forgiveness (H 524)
A late-filed bill before the Committee on Economic Development and Emerging Technologies would create a 13-member task force to review and report on the economic impact of loan forgiveness programs to ensure that graduates from the state’s dozens of colleges stay, work and build businesses in Massachusetts after graduation. The task force would submit a report within a year along with proposed legislation and regulations to accomplish the goal. The committee has not yet scheduled a hearing on the proposal.
“Massachusetts is home to many world-class colleges and universities, but we are such a high-cost state that many students leave to pursue job opportunities in other states once they graduate, making it difficult for employers to fill positions,” said sponsor GOP House Minority Leader Brad Jones, R-North Reading. “By exploring a combination of loan forgiveness programs, grants and fellowship opportunities, my hope is that the task force will be able to identify incentives that will encourage more college graduates to remain in Massachusetts and use their talents to help strengthen the state’s workforce and economy.”
Nursing home abuse and neglect (S 424)
The Elder Affairs Committee held a virtual hearing on a bill filed by Sen. Mark Montigny, D-New Bedford, that would increase the penalty for any nursing homes that violate state regulations from the current $50 to amounts up to $22,320 and even more for some violations. The fines would go into the Long-Term Care Facility Quality Improvement Fund to support new safety and quality-of-care initiatives.
Montigny noted that thousands of Massachusetts residents, many with dementia and other cognitive impairments, live in hundreds of nursing facilities across the state that the Department of Public Health inspects to ensure they are following state and federal regulations designed to safeguard residents’ health and well-being.
“Disturbingly, the current statutory fine for violating such a regulation is a meager $50 per offense,” Montigny said. “This paltry penalty does very little to correct or prevent egregious violations, placing our loved ones in harm’s way.”
“The COVID-19 pandemic exposed what many already knew about the long-term care industry in Massachusetts and across the country: it was ill-prepared to care for our seniors,” Montigny continued. “Staffing and infection control problems have plagued this industry over the course of many years. Efforts to address these problems have been met with fierce opposition from industry lobbyists, who helped ensure this proposal died in conference negotiations back in 2016. This legislation has since languished on Beacon Hill, and it is an absolute scandal that we may have missed a significant opportunity to prevent at least some of the tragic loss of life during this pandemic.”
Make it easier for veterans to obtain medical marijuana (H 179)
The Cannabis Policy Committee held a virtual hearing on proposals, sponsored by Sen. Ryan Fattman, R-Sutton, and Rep. Mike Soter, R-Bellingham, that would streamline and make it easier for veterans to obtain a medical marijuana card. Under current law, anyone, including veterans, seeking a card is required to visit a health care professional in person for an exam.
The bill would allow veterans to skip the visit and receive their card simply by submitting their Veterans Administration award letter indicating an existing disability to the commission. It also adds Post-Traumatic Stress Disorder (PTSD) and Opioid Use Disorder (OUD) to the list of conditions that would allow a person to qualify for a card.
Soter noted that he filed the measure along with his constituent Stephen Mandile, a medical cannabis patient, veteran, father and selectboard member.
“The Legislature has an opportunity this session to advance this bill and save the lives of veterans who wish to use medical cannabis to treat their disabilities,” Soter said. “Medical cannabis saved the life of my constituent, the father of two beautiful daughters, the husband of a caring wife, the son of a supportive mother and a citizen who dedicated his life to serving this great county.”
“Those that are suffering from PTSD and OUD are often limited in terms of how they are able to treat these crippling ailments,” Fattman said. “By adding PTSD and OUD to the list of conditions to be eligible for a medical marijuana card, these individuals would have the freedom to choose a different option to enhance their well-being.”
Investigate state’s response to COVID-19 (H 499)
The Covid-19 and Emergency Preparedness and Management Committee held a virtual hearing on a measure that would establish a special 17-member commission to investigate and make recommendations to the Legislature regarding the state’s medical, fiscal and social response to the COVID-19 pandemic. The commission, comprised of legislators and experts in medicine, public policy, economics and racial health care disparities, would identify where improvements could be made and propose specific legislation to make the improvements.
“I filed this legislation to … gather the commonwealth’s best and brightest on one panel to study the state’s response to the outbreak and to use the data and information collected to create a framework for a more effective response in the future,” said sponsor Rep. Dave Rogers, D-Cambridge. “There is so much to learn from the COVID-19 pandemic. If we are to ever face a similar situation in the future, an exhaustive study will prepare us to establish best practices and quickly implement those practices to limit preventable harm to our communities.”
Waive $1,500 caterers’ fee (H 386)
The Consumer Protection and Professional Licensure Committee held a virtual hearing on legislation waiving the $1,500 fee caterers are required to pay the state to operate their business for 2021. Any companies that have already paid the fee would get a refund.
“The caterer’s businesses were hit hard during the pandemic due to government directives,” said sponsor Rep. Brad Hill, R-Ipswich. “This small proposal would go a long way in helping these small businesses.”
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