Letter: Beacon Hill’s legislative process is broken

Al Blake, “Letter: Beacon Hill’s Legislative Process Is Broken,” Berkshire Eagle, August 6, 2014.

To the editor: Thank you for your Aug. 3 editorial “This is (still) no way to legislate.”

This session was a missed opportunity to make the commonwealth a climate leader. The Legislature’s inaction is a grave disappointment to anyone who cares about saving our planet.

This session was a chance to make serious progress slowing the expansion of our dirty and expensive methane gas system, but instead legislative leadership got tied up in political spats and chose not to extend the session and finish the job.

This comes after a year and a half of advocacy that included hundreds of meetings and thousands of calls and signatures to legislators. Many of the most popular policy proposals received vast majorities of legislative co-sponsors, yet House Speaker Ron Mariano and Senate President Karen Spilka did not allow them to come for a vote.

Many policies “died in committee,” where politicians take secret votes that their constituents are not able to see. Many more died in the backroom process where amendments to bills were withdrawn before they had a chance to receive a vote.

The legislative process is broken, and undue influence from corporations routinely blocks popular and effective legislation in favor of utility and developer profits.

We can do better, and we must.

Al Blake, Becket

PM in the News: Frustration and the Ballot Box in WGBH

Katie Lannan, “Why frustrated activists can’t rely on the ballot box for change in Massachusetts,” WGBH, August 15, 2024.

Other observers and advocates, like Jonathan Cohn of the advocacy group Progressive Massachusetts, say the dynamic can fuel a sense of complacency on Beacon Hill. For one thing, Cohn said, most state legislators don’t need to worry about defending their record on the campaign trail.

“One of the problems is that for legislators, because of the fact that so few of them are ever really contested in elections, it flattens the sense of time so they can think, ‘Oh, well, we’ll just be back at it in January,’” he said. “Issues just lose a basic degree of urgency because it’s just one never-ending legislative session for them.”

…

Democrats have supermajority control of both legislative branches on Beacon Hill, and Cohn said the red-versus-blue partisan framework through which many people view elections doesn’t really apply in deep-blue Massachusetts.

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“I also think that the Legislature’s history of long, late-night sessions that end with nothing also make it seem like an unattractive job,” said Progressive Mass.’ Cohn. “If you see a place where you look at it and you think, ‘I don’t even know that I could accomplish anything by being here,’ it’s understandable why somebody might not want want to run for that office or think that their that their talents, skills, etc., would be better used elsewhere — even though those people could be the best people for the jobs.”

Missed Our Legislative Update? You Can Still Watch (And Take Action)

On Monday, we hosted an update to go over what happened this legislative session and what still could happen if we make our voices heard.

Watch the video here.

One point we underscored is that even though the Legislature adjourned on July 31 (well, technically, the morning of August 1), the full legislative session doesn’t end until next January. That means that they could come back into session at any point to finish important business, especially passing a robust and equitable climate bill that centers environmental justice and includes a transition away from gas.

But they are not likely to do that unless they hear from you, their constituents. So take a minute today to email your legislators.

Protect the Right to Shelter

Massachusetts prides itself on being a welcoming state, but Governor Healey’s cruel and unnecessary restrictions on emergency shelter run afoul of that.

Join the Massachusetts Coalition for the Homeless and the Mass Law Reform Institute tonight at 7 pm in front of the State House for a candlelight vigil in support of children and families experiencing homelessness.

For more information, head to https://mahomeless.org/protect-access-to-shelter/.

Letter: “Beacon Hill’s two-bosses problem”

Jonathan Cohn, “Beacon Hill’s two-bosses problem (Letter),” Boston Globe, August 10, 2024.

When talking about the dysfunction and over-centralization of the Massachusetts State House, I often describe the building as having a “two-bosses problem.” In most jobs, the person who decides whether to hire and fire you and the person who controls your pay are the same person: what we call a boss. However, in the Legislature, there’s a split: The people who hire and fire you are your constituents, who can exert that power every election, and the people who decide your pay are the legislative leadership, who can dole out the perks with chairs, vice chairs, and other positions (something that’s been sharply detailed in Globe reporting).

Massachusetts is notorious for having among the least competitive elections in the country (in recent years, we’ve ranked dead last), and most legislators will skate by uncontested year after year, never having to meaningfully defend a record to their constituents. Next month’s primary is but the latest example. Whether through more competitive elections or more vocal advocacy, the collective boss of “we the people” needs to do more to remind legislators whom they ultimately serve.

Jonathan Cohn

Policy director

Progressive Mass

Boston

The Massachusetts Primary Is 25 Days Away. Here’s What to Know.

The Massachusetts state primary is just 25 days away: Tuesday, September 3 (yes, that’s the day after Labor Day).

Although that may seem far off now, it’ll come here fast, and with a holiday weekend happening before, it’s good to make your plan to vote now.

Here is some key info to have on hand and share:

  • Vote by Mail: If you applied to vote by mail, your ballot may have arrived already (!). But if you haven’t and still want to, you can apply online or download an application. When it’s time to return your ballot, you can either send it in the mail or take it to a nearby dropbox. You can track the status of your ballot here.
  • Vote Early: The early voting period will be Saturday, August 24, to Friday, August 30. Check your city or town clerk’s website to find locations.
  • Vote on Election Day: Polls will be open from 7 am to 8 pm on Tuesday, September 3. You can find your polling place (as well as what’s on your ballot!) at wheredoivotema.com.

Quick Links

Be an Informed & Progressive Voter

It can be hard to find out about the candidates on your ballot and what they stand for. Visit our Elections page to find questionnaires for Legislative, Governor’s Council, and County races across the Commonwealth as well as our 2024 Endorsements.

In solidarity,

PM in the News: Housing Bill Leaves a Lot on the Table

Sam Drysdale, “Guv Signs Housing Law, But Advocates Say It “Left So Much On The Table,” State House News Service, August 6, 2024.

“Inclusionary zoning is something that could have helped lower-income and working class communities,” Progressive Mass Director Jonathan Cohn said. “Legislators love the Housing Development Incentive Program, which is basically how do we build more high-end housing to gentrify Gateway Cities. They seemed to leave ideas that could have helped working or
middle class people living in expensive cities.”

Cohn said he would have liked to see more robust tenant protections in the bill….”The Senate’s language on broker’s fees — it was never that clear how much they were willing to fight for it. It didn’t seem to be something the governor cared about, the Senate had other priorities; it ended up on the chopping block as well,” he said.

“Having it be a $5.2 billion authorization means more money will be spent, and it’s an increase from what Baker did, but with all bonding, there’s so much that needs to happen for it to yield results. And unlike Baker, I think Healey wants to act ally spend that money. But now all these priorities that actually made it into the bill will be competing with each other for actual spending,” Cohn said.

Cohn, Park, Chou and other advocates said they hope lawmakers and Healey don’t put housing legislation on the backburner after the signing of Tuesday’s housing bond legislation….”If you build a nice affordable development in 10 years that’s great, but by then Massachusetts’s low-income residents will be living in Rhode Island,” Cohn said.

News Roundup – August 5, 2024

Emma Platoff and Laura Crimaldi, “In the Massachusetts Legislature, nearly everyone is a leader. Just look at their paychecks.,” Boston Globe, August 5, 2024.

“The resultof this expansion has been to inflate the ranks of leadership, while, somewhat conversely, concentrating more power than ever in the hands of the House speaker and Senate president. Because they dole out the leadership stipends to Democrats, those two leaders can effectively determine the salaries of most of their colleagues — and, critics say, expect loyalty in return.”

Sabrina Shankman, “Mass. prides itself on being a leader on climate issues. So what happened to the climate bill?,” Boston Globe, August 3, 2024.

“But advocates are still reeling, left wondering how a system could be so broken that in a state that prides itself on being a climate leader, a legislative session could close without any significant action on the issue.”

Joseph Curtatone, “We’ll pay a steep price if climate bill doesn’t get done,” CommonWealth Beacon, August 3, 2024.

“It sends a troubling message that urgent climate action can be derailed by inertia and divisive politics, even in states with a history of progressive environmental leadership. This failure undermines our efforts to combat climate change and sends a strong message to presidential candidates that the climate economy can easily be undermined.”

Kelly Turley, “Shelter Policy is Cruel and Harmful,” Boston Globe, August 3, 2024.

“Anyone who lives in Massachusetts knows that it will be impossible for most families who have nowhere else to go to find a safe place to live within five days.”

Editorial Board, “Who’s Their Best at 3 am. Not the Massachusetts Legislature,” Boston Globe, August 2, 2024.

“Legislative leaders did find time to pass hundreds of thousands of dollars in state budget earmarks benefiting their districts, the Globe reported. Democratic senators found time to hold a 9:30 a.m. fundraiser on July 31, according to State House News Service. It’s a shame they couldn’t find time to pass vital legislation affecting the health, environment, and economic prosperity of the people of Massachusetts.”

Giulia McDonnell Nieto del Rio and Mike Damiano, “As Mass. shelter system shuts them out, migrant families wander Boston streets at night, seeking a place to sleep.,” Boston Globe, July 29, 2024.

“We think we’re going to be on the street again,” Christy, 10, told a reporter in Spanish. “I don’t like to sleep in the street. I like to sleep at home,” his brother Steeve, 5, said.’

Matt Stout and Samantha Gross, “Behind closed doors, Mass. Senate President Spilka won $3.4 million in earmarks for her district,” Boston Globe, July 29, 2024.

“With the padded spending, the budget plan Governor Maura Healey is expected to act on Monday would funnel at least $3.4 million to groups, nonprofits, or towns in Spilka’s district through Senate-passed earmarks or line items, according to a Globe analysis. That includes $1.5 million for a conference center and wedding venue in Spilka’s hometown of Ashland, which the Senate has now passed — and negotiators have included in the final budget — for four straight fiscal years.”

Deirdre Fernandes, Samantha J. Gross, and Stephanie Ebbert, “Healey administration pays consultants millions to help limit duration and cost of shelter stays,” Boston Globe, July 25, 2024.

“The policies that have been developed are really tone deaf and don’t reflect the needs of families,” Turley said. The policies “don’t really put families on a path to greater housing stability.”

Adrian Walker, “‘Raising the age’ for juvenile offenders makes sense,” Boston Globe, July 16, 2024.

“Also, they point to the fact that those 18-year-olds who now enter the adult criminal justice system commit more crimes at a significantly higher rate. Keeping these kids in school and focusing on rehabilitation is the way to steer them away from bad behavior, which will improve public safety for everybody.”

Adrian Walker, “Beacon Hill powerbrokers say they spend lavishly to build camaraderie. But who’s picking up the tab?,” Boston Globe, July 12, 2024.

“Who, you may wonder, donates their hard-earned cash to the campaigns of people who never have a campaign?…Hint: For the most part, it’s not folks like you or me. It’s lobbyists, developers, and other insiders who need to have access to the small circle of people who really decide what happens at the State House. The usual people who pay to play.”

The Editorial Board, “How to Prevent Foreclosures,” Boston Globe, July 12, 2024.

“Sixteen states plus Washington, D.C., have foreclosure mediation, according to the National Consumer Law Center, including every other New England state except New Hampshire. It is time for Massachusetts to join them.”

Matt Stout and Samantha J. Gross, “Fine dining, cigar lounges, and TD Garden suites: Here’s what happens when Beacon Hill’s most powerful pick up the tab,” Boston Globe, July 11, 2024.

“It is, quite literally, a smoke-filled room where a select corps of state lawmakers ostensibly does some sort of public business. All of it paid for with political donations.”

Samantha J. Gross, “Amid buckling shelter system, Healey rolls up the migrant welcome mat,” Boston Globe, July 3, 2024.

“Etel Haxhiaj, a longtime homeless and housing advocate and city councilor in Worcester, said the administration’s recent actions “send the wrong message.” Instead of limiting the number of people in shelters, she said, they should invest more resources in affordable housing and ways to transition people out of shelters…“The right to shelter seems to be getting diluted,” she said. “They might as well remove it instead of putting limits that don’t really resolve the issue.””

Lindsay Crudele, “Eviction takes its toll on more than one’s finances,” Boston Globe, July 3, 2024.

““You fall asleep thinking about that, and then … the minute your eyes open, that’s the first thing you think about,” said Annie Gordon, who has lived for 48 years in Mattapan’s Fairlawn Apartments (rebranded as “SoMa Apartments at the T”). In 2018, DSF Group purchased the 347-unit building for $65 million, after which Gordon received a rent increase, followed by eviction proceedings.”

PM in the News: “Beacon Hill faces calls for culture change after chaotic end of session”

Chris Van Buskirk, “Beacon Hill faces calls for culture change after chaotic end of session,” Boston Herald, August 4, 2024.

“Jonathan Cohn, the policy director at Progressive Massachusetts, said there is a “real downside” to having a permanent supermajority in both branches “that never feels the urgency of any issues.”

“For them to change, I think ultimately, some people will have to lose their seats because of it. I think that too often, the House and Senate operate like incumbent protection rackets,” he told the Herald.”

The House and Senate Passed a Final Version of the Affordable Homes Act. What’s in It?

On August 1, or, in Massachusetts State House time “still July 31,” the House and Senate passed a final version of the Affordable Homes Act, which Governor Healey first introduced all the way back in October.

The vote was 128 to 24 in the House, with Democrats Colleen Garry (D-Dracut) and Dave Robertson (D-Tewksbury) voting no and Republicans Marcus Vaughn (R-Wrentham), David Vieira (R-Falmouth), and Steven Xiarhos (R-Yarmouth) voting yes. The Senate vote was 38 to 2, with Peter Durant (R-Spencer) and Ryan Fattman (R-Sutton) voting no.

The Affordable Homes Act, also referred to as the housing bond bill, is a combination of bond authorizations and new housing policies.

First: what is a bond bill?

A bond bill is legislation that authorizes the state to issue and sell bonds to fund capital projects and programs. The bond bill contains capital authorizations, which identify programs that can be funded through revenue raised through said bonds. Importantly, a bond bill only authorizes the spending; it provides a menu, not a direct appropriation.

The final bill promises $5.16 billion in new investment in housing, but it is important to remember that this is not an exact budget appropriation. Indeed, Healey’s own capital spending plan dedicates only $2 billion for housing over the next five years, and $400 million in fiscal 2025. To be clear, this is a significant increase over recent years, but it indicates that all $5.16 billion in authorized expenditures are unlikely to be realized.

Among the bond authorizations, there were many important items, such as:

  • $2 billion authorization for public housing
  • $150 million for public housing decarbonization and $275 million for sustainable and green housing initiatives
  • $10 million authorization for a fund to help nonprofits acquire existing, non-subsidized housing units and keep them affordable for at least 30 years, protecting them from the speculative market

So next: what policies got included?

The final bill included such new policies as the following:

  • Legalizing accessory dwelling units (ADUs) by right (Governor’s, House, & Senate bills): The bill requires cities and towns to adopt by-right permitting in single-family zoned districts, caps parking mandates at 1 spot per unit for ADUs further than ½ mile from public transit, and bans owner occupancy requirements. Many cities and towns across the state have been fighting to pass zoning reforms to allow such ADUs (that is, small, independent residences built on the same lot as a single-family home) as a way to increase housing stock.
  • Eviction record sealing protections (Governor’s & Senate bills): The bill prohibits a consumer reporting agency from including in any report a sealed eviction record, and it gives tenants the ability to petition to seal eviction records in no-fault, non-payment, and fault cases over set time periods and the ability to seal any case that is dismissed or results in a final judgment in favor of the defendant. Unfortunately, none of this record sealing will be automatic; tenants will have to petition the court to get records sealed. Nonetheless, this is an important step because having an eviction record can create a devastating barrier for tenants looking for housing and these records impact people’s ability to obtain housing, credit, and employment, harming many and disproportionately impacting women and people of color.
  • Foreclosure Prevention Pilot Program (Senate bill): The bill creates a pilot foreclosure prevention program in 5 communities with the highest foreclosure rates statewide. The program would allow homeowners facing foreclosure to request a mediation with their lender, together with a neutral third party, to pursue alternatives to foreclosure.
  • Creation of an Office of Fair Housing (Governor’s, House, & Senate bills): The bill establishes an office within the Executive Office of Housing and Livable Communities with explicit focus on fair housing and establishes a trust fund for enforcement initiatives, fair housing testing, education, and outreach. Strong fair housing laws and enforcement ensure that people are not discriminated against in buying or renting a home for reasons of race, color, national origin, sex, gender identity, sexual orientation, disability, etc. 
  • Facilitating the Use of State Land for Housing (Governor’s, House, & Senate bills): The bill would help streamline the disposition of land under the control of a state agency or quasi for housing purposes. When the state owns the land, it can also lower the costs of building housing, making it easier to build affordable units.

What policies were excluded from the final bill?

  • Transfer Fee (Governor’s bill): This local option policy would have allowed cities and towns to apply a small fee to high-end real estate transactions in order to fund affordable housing. 
  • Tenant Opportunity to Purchase Act (House bill): TOPA is a local option policy in which tenants would be given the right of first refusal to band together to purchase their building when the owner puts it on the market.
  • Banning Broker’s Fees (Senate bill): This language would have required broker’s fees to be paid by the party who originally engaged with the broker — meaning, in almost all cases, the landlord rather than the tenant.
  • Inclusionary Zoning by Simple Majority (Governor’s bill, modified in the Senate bill): This would have allowed cities and towns to adopt inclusionary zoning policies with a simple majority vote of their City Council / Town Meeting / Select Board, rather than the  two-thirds vote that is currently required. Such ordinances require developers to build a certain percentage of affordable units as a part of new construction.

What’s the takeaway?

The bill contains a number of policy victories, but it only makes a dent in the overall affordable housing crisis. We need continued advocacy to make sure that promised spending actually happens, and we need our Legislature to give cities and towns the tools that they want (like a transfer fee, like TOPA, like rent stabilization) to best respond to the crisis locally. Where the Affordable Homes Act fell short, it did so due to heavy lobbying from the real estate industry: a sign of the need for greater organizing among progressives and tenant advocates in support of a housing justice agenda.