MA House Unanimously Passes Data Privacy Bill

On Thursday, the MA House unanimously passed the Massachusetts Consumer Data Privacy Act, establishing important new data privacy protections.

In particular, the bill would do the following:

  • Ban the sale of precise geolocation data, which is critical to prevent stalking or surveillance of individuals seeking reproductive or gender-affirming care, domestic violence survivors, workers, activists, and more. 
  • Require that personal data collection must be proportionate to providing requested services, and data must be protected and deleted when no longer necessary or required by law 
  • Establish rights for individuals over their online data, such as the right to access their personal information, the right to correct inaccurate information, the right to opt out of certain processes such as targeted advertising, the right to transport personal data, and the right to delete certain information.
  • Specify that sensitive data cannot be sold or shared without a user’s affirmative consent. Sensitive data includes information such as biometric or genetic information, precise geolocation data, health and wellness information, reproductive and sexual health data, data of a minor under 18, government-issued identifiers, and data that reveals an individual’s racial or ethnic origin, national origin or citizenship or immigration status, religious beliefs, sex life, sexual orientation, status as transgender or non-binary, union membership, status as a military service member or veteran, and status as a victim of a crime.
  • Prohibit targeted advertising to minors 
  • Enable the AG to enforce the law but also establishes a private right of action (“If someone violates your rights, you can sue them”) to enable consumers to hold the largest data holders accountable for any violations

The MA Senate passed a similar data privacy bill in September, and the two will negotiate a final version of the bill.

The House’s bill is stronger than the Senate’s in some ways (such as the creation of a private right of action), but weaker in other ways (the Senate bill contained an outright ban on the sale of sensitive data and stronger language limiting how much data companies can collect).

During the floor debate on the bill, we had supported the following amendments:

  • #3 to reiterate that use of employer owned devices is a mandatory subject of collective bargaining, filed be Rep. Field
  • #7 to restrict employer ability to disclose employee data without express employee consent, filed by Rep. Montaño
  • #8 to limit the transfer of employee data outside of operationally necessary reasons, filed by Rep. Montaño
  • #10 to ban surveillance pricing for groceries, filed by Rep. Sabadosa
  • #13 to strengthen the definition of “affirmative consent,” filed by Rep. Sabadosa
  • #16 to fix the data minimization language, filed by Rep. Decker
  • #21 to strengthen the private right of action, filed by Rep. Cataldo
  • #33 to clarify the definition of “transfer,” filed by Rep. Rogers
  • #36 to protect LGBTQ youth data, filed by Rep. Montaño
  • #38 to strengthen the data minimization language, filed by Rep. Kilcoyne
  • #40 to strengthen the data minimization language, filed by Rep. Owens

Rather than considering each amendment in turn, the House created a single consolidated amendment that contained pieces of several amendments. It strengthened the data minimization language in the House Ways & Means bill draft, and it also ensured that the right of parents over their children’s online data would not include data related to LGBTQ identity.

MA Senate Votes 37 to 3 for the PROTECT Act

The MA Senate today voted 37 to 3 to pass the PROTECT Act, which takes important steps to protect immigrant communities in Massachusetts, such as banning new 287(g) agreements, preventing law enforcement from asking about immigration status or using resources for civil immigration enforcement, limiting information sharing with ICE, protecting courthouses and other sensitive locations, and more.

After four efforts to weaken the bill, Republicans Patrick O’Connor (R-Weymouth) and Bruce Tarr (R-Gloucester) joined Democrats in voting for it.

Bruce Tarr’s amendment to strike language giving any money received for the Department of Correction’s 287(g) agreement with ICE to the Office of Refugees and Immigrants failed 5 to 34 (party line).

His amendment to bar any entity receiving public funds for legal representation in immigration law from representing undocumented people similarly failed on a party line vote of 5 to 34. Amid attacks on due process, everyone should be entitled to representation. Legal representation can actually help people secure legal status.

Tarr’s amendment to weaken the provision banning police from asking about immigration status failed 7 to 32, with Mark Montigny (D-New Bedford) and John Velis (D-Westfield) joining Republicans.

Ryan Fattman (R-Sutton)’s amendment to allow ICE detainers, which violate due process rights as well as the Massachusetts constitution, failed 10 to 29. John Cronin (D-Fitchburg), Barry Finegold (D-Andover), Mark Montigny (D-New Bedford), Michael Moore (D-Millbury), and John Velis (D-Westfield) joined Republicans in voting for it.

The Senate adopted six amendments to strengthen the bill:

  • Senator Lydia Edwards (D-East Boston)’s amendments to protect the courthouse grounds as well as the insides of courthouses (#10) and to establish a commission on matters related to federal immigration enforcement in the Commonwealth (#20)
  • Senator Adam Gómez (D-Springfield)’s amendments to expedite the bill’s effective date (#7) and to broaden the definition of child care center (#34)
  • Senator Robyn Kennedy (D-Worcester)’s amendment to extend sensitive locations protections to Department of Developmental Services facilities and Mass Health Day Habilitation programs (#6)
  • Senator Liz Miranda (D-Roxbury)’s amendment to protect health care workers against retaliation for any attempts to act in good faith in following the bill’s dictates (#13)

1737 Amendments were Filed to the MA House Budget. What Happened to All of them?

Yesterday, the MA House passed its FY 2027 budget with a broadly bipartisan vote of 149 to 9. The 9 NO votes came from the more conservative wing of the House Republican Caucus.

In the lead-up to the floor debate, 1737 amendments were filed to the budget.

Most of them (1,659, or 95.5%) were dispensed with through the consolidated amendment process. House Leadership groups amendments into categories, tosses aside the actual amendments, and then negotiates a set of earmarks and policy changes that will remain in the final package.

This process produced seven consolidated amendments, five of which passed unanimously.

  • Consolidated Amendment “A” (Education & Local Aid/Social Services/Veterans)
  • Consolidated Amendment “B” (Health and Human Services & Aging and Independence)
  • Consolidated Amendment “C” (Public Safety and Judiciary)
  • Consolidated Amendment “D” (Public Health & Mental Health and Disability Services)
  • Consolidated Amendment “E” (Constitutional Officers & State Administration/Transportation)
  • Consolidated Amendment “F” (Energy and Environmental Affairs & Housing)
  • Consolidated Amendment “G” (Labor and Economic Development)

So what about the remaining 78? 48 of them were withdrawn, 29 were rejected, and one was laid aside.

26 of the 29 rejected amendments received recorded votes. All were filed and roll-called by Republicans. Let’s focus on a few in particular.

The House voted party line against various GOP amendments to drain money from the state budget, such as reducing the sales tax, reducing the state income tax, adopting Trump’s “no tax on tips” gimmick (which harms workers more than it helps), and more (Roll Calls #158 to #164).

The House voted down an amendment from Rep. Steve Xiarhos to eliminate cashless bail; the vote was 26 to 129, with Rep. Alan Silvia joining Republicans in voting for it.

Republicans brought up their favorite things to force recorded votes on: suppressing the vote with a photo ID law (27 to 131, with Rep. Colleen Garry of Dracut and Rep. Dave Robertson of Tewksbury joining Republicans), defunding No Cost Calls (26 to 132, with Rep. Garry joining Republicans), imposing citizenship requirements for housing assistance (26 to 132, with Garry joining Republicans), preventing the state from using MBTA Communities Act compliance as a condition for grant eligibility (27 to 130, with Garry and Rep. Jeff Turco of Winthrop joining Republicans), making the emergency shelter system more restrictive and more bureaucratic (26 to 131, with Garry joining Republicans), defunding Mass Save (25 to 133, party line), fear-mongering about “welfare fraud” (25 to 133 , party line), and finding new ways to collaborate with Trump’s DHS (25 to 133, party line).

MA House Passes PROTECT Act 134 to 21

Yesterday, the House passed its redraft of the PROTECT Act, the Massachusetts Black and Latino Legislative Caucus’s bill to protect Massachusetts communities from increasingly lawless behavior from ICE.

The bill restricts cooperation and communication between state and local law enforcement and ICE and adds additional protections:

  • Prohibits law enforcement from inquiring about immigration status, with narrow exceptions 
  • Bars the use of state and local resources for civil immigration enforcement
  • Limits the sharing of nonpublic information and advance release notifications by banning the *initiation* of contact with ICE
  • Bans new 287(g) agreements (with very narrow exceptions), i.e., which deputize state and local law enforcement as ICE agents
  • Limits civil arrests in courthouses by requiring a judicial warrant or order, and a review by a judicial official
  • Requires that employers provide written notice to employees within 48 hours of receiving a federal immigration inspection notice, such as an I-9 audit
  • Strengthens protections for individuals in ICE detention (i.e., requiring notice of legal rights in a person’s primary language at intake, guaranteeing confidential attorney-client communication, mandating the timely tracking of custody status and transfers with notice to counsel and designated contacts; providing interpretation services for key interactions and ensure access to court proceedings)
  • Makes it easier for victims of crime and human trafficking ​to secure U and T visas, which provide a legal status that can lead to a green card 
  • Authorizes the Governor to restrict civil immigration enforcement in nonpublic areas of state facilities, and requires multilingual guidance for agencies, private entities, law enforcement, and public school districts 

The bill passed 134 to 21, with all Democrats in attendance joined by Minority Leader Brad Jones (R-North Reading), Third Assistant Minority Leader David Vieira (R-Falmouth), Marcus Vaughn (R-Wrentham), and Donald Wong (R-Saugus).

During the floor debate, the House adopted four amendments.

The House voted 130 to 25 (party line) to adopt Christine Barber (D-Somerville)’s amendment to clarify that the bill applies to sheriffs. The sheriff offices in Bristol, Plymouth, and Barnstable Counties have all previously had 287(g) agreements with ICE, and the majority of such contracts across the country are with sheriffs.

The House voted 136 to 18 for Sean Reid (D-Lynn)’s amendment to require the Governor to publish multilingual guidelines for all school districts on how to handle interactions with law enforcement officers regarding civil immigration enforcement. Joining Democrats and the four Republicans who voted for the final bill were First Assistant Minority Leader Kimberly Ferguson (R-Holden), Second Assistant Minority Leader Paul Frost (R-Auburn), and Hannah Kane (R-Shrewsbury).

The House voted 151 to 3 for Adrianne Ramos (D-North Andover)’s amendment to expedite the U and T visa certification process for applicants with a dependent who will soon age out of dependent status. Three Republicans voted no: David DeCoste (R-Norwell), John Gaskey (R-Carver), and Marcus Vaughn (R-Wrentham). Michael Soter (R-Bellingham) voted present.

The House also voted unanimously for an amendment from Brad Jones (R-North Reading) that could potentially create a new loophole in the bill, but advocates are still analyzing the implications of the text.

The bill, unfortunately, does not end the one existing 287(g) agreement in the state: the one between the Department of Correction and ICE. However, as Governor Healey remains staunchly supportive of that agreement, the legislative hurdles have become much stronger.

2025-2026 Mid-Session House Scorecard Update

A scorecard, as we like to say, should tell a story. We focus on votes that would advance (or oppose rollbacks to) our Legislative Agenda / Progressive Platform and, importantly, highlight a contrast between legislators. 

There have been only 141 recorded votes in the MA House this session so far. This is higher than the bleak mid-session count of last session, but still a decline from historical averages. 

When putting together a scorecard, we shy away from including many unanimous votes: before any unanimous vote, there are often many legislators putting up roadblocks along the way, as well as concessions made to achieve broader support. Moreover, in a case of unanimity, a recorded vote is motivated more by legislators’ desires for a good press release than anything else (if there’s a time to voice vote, it would be then). No scorecard can ever fully capture such behind-the-scenes jockeying, but setting a high bar before including a unanimous vote helps. The same goes for purely party line votes: given the dynamics of centralized Leadership power in the Legislature, party line votes can often feel less ideological and more pro forma. 

We also avoid giving credit where credit has already been given: if we score a bill at one stage of the legislative process, we shy away from scoring its final passage later on to avoid duplication. The same goes for amendments: if Republicans keep filing the same or similar amendments, we choose only one or a subset to communicate the divide. 

See our full scorecard here or on https://scorecard.progressivemass.com.

The votes we included in our scorecard were clustered around four particular bills: 

  • The February 2025 supplemental budget debate 
  • The April 2025 budget debate 
  • The updated shield law 
  • The House’s energy bill 

The February 2025 supplemental budget included additional restrictions on access to emergency housing assistance, as Governor Healey and the Legislature continued to hollow out the state’s right to shelter. We included several of the votes on Republican amendments to make the bill even more harmful than it already was by creating even more bureaucracy, pushing xenophobic narratives, or drastically reducing funding for the shelter system (#1-3). Rep. Colleen Garry (D-Dracut) and Rep. Dave Robertson (D-Tewksbury) joined Republicans on these votes. 

This fight continued in the regular budget debate in April (#6). During the budget debate, House Democrats also defeated Republican amendments to defund the recent No Cost Calls, which provides free phone calls in prisons and jails (#4); challenge the constitutionality of the state’s affordable housing requirements (#5); undermine enforcement of the MBTA Communities Act’s mandates to zone for multifamily housing around transit (#7 and 8); and impose new restrictions on voting rights (#9). 

In July, the House passed one of the few standalone policy bills of the session: an update to the state’s shield law around reproductive and gender-affirming care, which protects both patients and providers—especially from conservative state governments elsewhere in the country (#12). During the floor debate, House Democrats defeated a Republican amendment to extend the protections to people who refuse such care, which would mean, e.g., enabling a parent to interrupt or prevent even common reproductive care such as birth control (#10). House Democrats also adopted an amendment to ensure that abortion and abortion-related health care services are clearly and explicitly protected in the updated shield law (#11). 

Representatives Colleen Garry (D-Dracut), Alan Silvia (D-Fall River), and Jeff Turco (D-Winthrop) joined Republicans on all three votes. Rep. Francisco Paulino (D-Methuen) joined Republicans on both amendment votes, but voted for the final bill. Rep. Dave Robertson (D-Tewksbury) joined Republicans for their conservative amendment, but sided with Democrats on the other votes. 

The final vote also saw a measure of bipartisanship, with Bradley Jones (R-North Reading), Kimberly Ferguson (R-Holden), David Vieira (R-Falmouth), Hannah Kane (R-Shrewsbury), and Donald Wong (R-Saugus) joining Democrats in voting for passage. 

The House was set for some contentious votes in November with an energy bill written by corporate lobbyists; however, due to intense pressure from climate activists across the state, the bill was put on hold.

The House took up its redrafted energy bill in February, which no longer took an axe to the state’s climate targets but made deep cuts to the Mass Save energy efficiency program and failed to take meaningful steps to rein in the gas system expansion that has been driving up energy bills. 

During the debate on the new bill, Republicans roll-called several amendments that would have restored some terrible pieces of the November bill: many Democrats who were ready to vote for those provisions in November now voted no, not due to principle but due to a change in the party line. We avoided scoring such votes as doing so would give credit to representatives who indeed had already voted for such measures in committee. Democrats voted down other Republican amendments, though, and we did include several, such as amendments to require the state to approve new gas infrastructure projects (#13), to create new hurdles for clean energy projects (#14), to block new offshore wind and clean energy procurement goals (#15), and to ban stronger fuel efficiency standards (#17). 

During the debate, state representatives had the opportunity to restore the $1 billion in cuts to Mass Save, yet only 17 of them broke with House Leadership and voted yes (#16). 

Given the small number of votes, and the only 1 (!) time that a block of more than two progressives voted off from House Leadership, we included other data points in the Scorecard. We believe that a Scorecard should answer the question of “Did you do what we wanted you to do?” Accordingly, there are three points included for co-sponsorship (> 50%, > 75%, and 100%) of our Legislative Agenda, and we have continued to include a point for visiting correctional facilities to conduct both oversight and constituent outreach. Legislators have the ability to visit correctional facilities unannounced, a power that too few use. However, for the purposes of the scorecard, we gave credit for making any visits at all to normalize a good practice that still far too few do. 

2025-2026 Mid-Session Senate Scorecard Update

A scorecard, as we like to say, should tell a story. We focus on votes that would advance (or oppose rollbacks to) our Legislative Agenda / Progressive Platform and, importantly, highlight a contrast between legislators. 

There have been only 140 recorded votes in the MA Senate this session so far. This is a break from the historical trend of the Senate having more recorded votes than the House. 

When putting together a scorecard, we shy away from including many unanimous votes: before any unanimous vote, there are often many legislators putting up roadblocks along the way, as well as concessions made to achieve broader support. Moreover, in a case of unanimity, a recorded vote is motivated more by legislators’ desires for a good press release than anything else (if there’s a time to voice vote, it would be then). No scorecard can ever fully capture such behind-the-scenes jockeying, but setting a high bar before including a unanimous vote helps. The same goes for purely party line votes: given the dynamics of centralized Leadership power in the Legislature, party line votes can often feel less than ideological, and more pro forma. 

We also avoid giving credit where credit has already been given: if we score a bill at one stage of the legislative process, we shy away from scoring its final passage later on to avoid duplication. 

See our full scorecard here or on https://scorecard.progressivemass.com.

The session kicked off with a pleasant surprise: both chambers took up rules reform packages to make the legislative process more transparent and more democratic. Most of the issues taken up in the rules debate this year were either broadly bipartisan (really, unanimous) or party line (with maybe one Democratic defection). Since we are strong believers in recorded votes, we included the vote on an amendment to the Joint Rules to require every conference committee report to receive a recorded vote (#1). Recorded votes are essential to accountability: how else do you get to know what your legislators stand for? Four Democrats joined Republicans in voting for it: Senators Jamie Eldridge (D-Marlborough), John Keenan (D-Quincy), Liz Miranda (D-Roxbury), and Becca Rausch (D-Needham).

The February 2025 supplemental budget included additional restrictions on access to emergency housing assistance, as Governor Healey and the Legislature continued to hollow out the state’s right to shelter. We included several of the votes on Republican amendments to make the bill even more harmful than it already was by creating even more bureaucracy and pushing xenophobic narratives (#2-4). Each amendment unfortunately received some Democratic crossover, whether as low as 1 or high as 7 Democratic senators joining Republicans. 

During the FY 2026 budget debate, the Senate voted to enable the Health Policy Commission to cap certain prescription drug prices (#5). Although the vote was 34 to 5, it wasn’t purely party line: Senator John Keenan (D-Quincy) joined Republicans in voting against it, and Senator Patrick O’Connor (R-Weymouth) joined Democrats in voting for it. 

Most votes, however, were party line, with the Senate rejecting Republican amendments to make it easier for cities and towns to evade compliance with the MBTA Communities Act, which requires rezoning for multifamily housing near transit (#6),to  creating a commission stacked with anti-tax and business groups to study how they can avoid the financial burden for their misuse of COVID funds (#7), to redirect excess revenue from the state’s capital gains tax to the flush rainy day fund instead of the state’s pension liability fund (#8), and to raising the estate tax threshold to $3 million and heavily redistribute wealth upwards (#10). However, four Democrats crossed party lines to join Republicans on an amendment to block the transition to zero-emissions vehicles and scapegoat climate and energy efficiency regulations for higher energy prices (#9): Senator Michael Brady (D-Brockton), Senator Nick Collins (D-South Boston), Senator Mark Montigny (D-New Bedford), and Senator Michael Moore (D-Millbury). 

In July, the Senate passed one of the few standalone policy bills of the session: an update to the state’s shield law around reproductive and gender-affirming care, which protects both patients and providers–especially from conservative state governments elsewhere in the country (#11). Republicans Bruce Tarr (R-Gloucester) and Patrick O’Connor (R-Weymouth) joined Democrats in voting for it.

In September, the Senate achieved a rare win in the Legislature: unanimity around a bill that is important and substantive: the Massachusetts Data Privacy Act, which would ban the sale of sensitive data (including location data) and imposes meaningful data minimization on companies harvesting our personal information, among other important privacy protections (#12). 

In November, the MA Senate passed a bill (from our list of priorities) to combat politically motivated book bans by creating clear guidelines for how schools and libraries decide which books to make available and recognize that teachers and librarians are trusted experts and should be treated as such and that personal, political, and doctrinal views should not be governing which books are allowed to be on the shelf (#17). 

In the final vote on passage, two Republicans–Senator Patrick O’Connor (R-Weymouth) and Senator Bruce Tarr (R-Gloucester)–joined Democrats. However, that was after multiple efforts to weaken the bill. Four Republican amendments were defeated (#13 – #16), two of which were purely party line. 

While both chambers took up legislation to address cannabis regulation and the scandal-plagued Cannabis Commission, the Senate’s floor debate included more actual debate. The Senate rejected two Republican amendments that received some Democratic crossover votes: an amendment to reduce the amount of allowable individual possession of marijuana in the underlying bill (#19) and one to allow the legislators themselves — rather than public health experts — write warning labels (#18). 

Although the Senate has, over the years, cultivated a reputation as being the more progressive of the two chambers, one area where that has not been the case is their treatment of Boston’s tax shift home rule petition, introduced by Mayor Michelle Wu and passed by the City Council (multiple times) and the House. The HRP would shift blunt property tax increases for residential homeowners by decreasing a tax cut for commercial skyscrapers. Cities and towns shouldn’t even need to go to the legislature to beg for approval in basic tax policy changes, but cities and towns are hamstrung by Proposition 2 ½ and banned from most tax policy changes absent state approval. The Senate voted against Wu’s HRP 33 to 5 (#20), with four of the six members of the Boston delegation–Senator Sal DiDomenico (D-Everett), Senator Lydia Edwards (D-East Boston), Senator Liz Miranda (D-Roxbury), and Senator Mike Rush (D-West Roxbury) and progressive stalwart Senator Pat Jehlen (D-Somerville) the only yeses. 

Finally, the Senate maintained its commitment to the Fair Share amendment during the debate on the higher education investment BRIGHT Act by rejecting a right-wing amendment to drain state revenue by increasing the likelihood of hitting the state’s regressive “tax cap” law that limits revenue growth to the growth of wages and salaries ((#21). 

As with the House scorecard, we included several other data points in the final mid-session analysis. We believe that a Scorecard should answer the question of “Did you do what we wanted you to do?” Accordingly, there are three points included for co-sponsorship (> 50%, > 75%, and 100%) of our Legislative Agenda, and we have continued to include a point for visiting correctional facilities to conduct both oversight and constituent outreach. Legislators have the ability to visit correctional facilities unannounced, a power that too few use. However, for the purposes of the scorecard, we gave credit for making any visits at all to normalize a good practice that still far too few do. 

Did Your State Rep Vote to Save Mass Save?

As we wrote yesterday, MA House Democrats were preparing to gut the state’s energy efficiency program Mass Save, scapegoating it for rising utility bills while doing nothing to prevent the gas infrastructure expansion that is really behind the increase.

Energy efficiency investments are the quintessential win-win: they save residents money, they create jobs in weatherization, and they reduce greenhouse gas emissions.

But when state representatives had the opportunity to restore the $1 billion in cuts to Mass Save yesterday, only 17 of them voted yes (see the recorded vote below). That’s right: only 17.

If you’re happy with how your state rep voted, you should thank them. If you aren’t happy with how your state rep voted, make sure they know about it.

State representatives are defending their cuts to Mass Save by saying they are just cutting a marketing budget. But let’s be clear: these cuts go far deeper than that, and marketing is how Mass Save ensures that its programs can actually reach equity goals and deliver real savings to working-class, POC, and immigrant communities across the commonwealth.

The House voted 128 to 27 to pass the underlying energy bill (H.5151). Every Republican voted no, and progressive Democrats Mike Connolly (D-Cambridge) and Erika Uyterhoeven (D-Somerville) voted no in protest of the bill’s deep cuts to the Mass Save energy efficiency program.

There are good things in the bill to expand solar, wind, and geothermal and to rein in predatory third-party electricity suppliers. And it’s a win that the House is no longer trying to eliminate the state’s 2030 greenhouse gas emissions targets.

But here’s the problem: if we gut energy efficiency programs, we are setting ourselves up to miss these targets by even more, and we are already far behind. Targets need to be matched with action. Make sure your state senator​ knows you want bolder action than what the House passed. 


More Solar, But Little Sunshine

The process around the bill was illustrative of Beacon Hill’s top-down, closed modus operandi.

The bill was only released to representatives and the public on Tuesday. Members of the Ways and Means Committee didn’t even have a full hour to read a 100+ page bill before casting a vote. Representatives had to then scramble to file amendments, which were due the next day, followed by a vote yesterday (Thursday).

How many people actually read the bill? Your guess is as good as mine.

In the lead-up to the vote, representatives filed a total of 126 amendments, but very few received any actual public discussion.

3 amendments were withdrawn, and 3 were rejected via a voice vote. (For one of those voice votes, the amendment’s filer asked for a roll call vote, but not enough people stood to allow it.)

11 amendments received recorded votes requested by Republicans, and 1 amendment (the Mass Save amendment shown above, filed by Rep. Erika Uyterhoeven) received a recorded vote requested by a Democrat.

The remaining 108 amendments were fed into the sausage-making machine known as the “Consolidated Amendment” process. In this process, House Leadership gathers together amendments, sets them all aside, and then picks from their carcasses what, if anything, they want to include in the bill. By virtue of this process, 108 amendments were grouped into 3, with little of their original text still standing.

The 11 aforementioned Republican amendments were rightfully rejected, on party line or almost party line votes.

  • Amendment #7, which would make the state’s 2030 emissions targets non-binding, as the House’s original energy bill tried to do 
  • Amendment #8, which would require the state to expand gas pipeline infrastructure 
  • Amendment #13, which would eliminate critical funding for energy efficiency, clean energy, distributed solar, and low-income heating assistance (Rep. Colleen Garry of Dracut joined Republicans) 
  • Amendment #21, which would create bureaucratic hurdles for renewable energy generation (Rep. Dave Robertson of Tewskbury joined Republicans) 
  • Amendment #24, which seems to be an attempt to allow bootlegged propane  (Rep. Dave Robertson of Tewskbury joined Republicans) 
  • Amendment #38, which would strike the increased solar and wind procurement targets 
  • Amendment #46, which would decrease the yearly Renewable Portfolio Standard (i.e., % of renewables that utilities must supply) increase from 3% to 1% indefinitely (The House’s original energy bill wanted to do this through 2022; the new bill made no changes) 
  • Amendment #78, which would ban stronger vehicle fuel efficiency standards for five years (Rep. Colleen Garry of Dracut joined Republicans) 
  • Amendment #101, which would outsource our clean energy and climate policies to corporate lobby groups 
  • Amendment #105, which would eliminate critical funding for energy efficiency, clean energy, distributed solar, and low-income heating assistance 
  • Amendment #109, which would eliminate minimum renewable energy standards for electric suppliers

MA Senate Embraces Paternalism and Pettiness in Rejecting Boston Home Rule Petition

On Thursday, the MA Senate decided to take a victory lap for passing a series of bills that will drain municipalities of much-needed revenue in light of what could be a bleak state budget and amidst federal sabotage.

Although the bills were not fully ill-intentioned, the efforts to provide opportunities for relief from property taxes run into a problem: if there is no ability to raise the revenue from elsewhere, than cities and towns simply lose revenue. Cities and towns should want to create more progressive tax codes, and rather than allowing targeted property tax relief combined with way new progressive revenue opportunities, the State Senate again signaled its hostility to a proposal from Boston Mayor Michelle Wu to shift some of the residential property tax share to the commercial real estate industry.

Her proposal would have blunted property tax increases for residential homeowners and decreased tax cuts for skyscrapers. However, the State Senate has decided that it knows what is better for Boston than the Mayor, the City Council, and the House of Representatives, voting 33 to 5 against the proposal. It answers “Whose side are you on?” quite clearly.

The home rule process in Massachusetts is broken, and cities and towns deserve more flexibility, not being prevented from raising necessary revenue by archaic strictures or the misguided and outdated “Prop 2 1/2” law.

Senate Votes 35-3 to Combat Politically Motivated Book Banning

The Senate voted 35-3 to address the rise of politically motivated book bans. The bill — An Act regarding free expression — creates clear guidelines for how schools and libraries decide which books to make available, and how local leaders determine whether a book is appropriate or should be removed from the shelf. 

The bill recognizes that teachers and librarians are trusted experts and should be treated as such and that personal, political, and doctrinal views should not be governing which books are allowed to be on the shelf.

Local school districts and municipal public libraries would have the flexibility to craft their own policies that align with state protocols and the standards of the American Library Association. For school libraries, an appropriate process for considering whether to remove a book would include assurance that a challenged book remains available to library patrons while the process plays out, guarding against frivolous or unfounded complaints. 

The bill also protects librarians and school employees from retaliation over their selection of library books and requires tracking of book challenges statewide to monitor the issue.

Voting NO were Republicans Kelly Dooner (R-Taunton), Peter Durant (R-Spencer), and Ryan Fattman (R-Sutton).

During floor debate, the Senate voted unanimously (37-0) for Sen. Cindy Creem’s amendment to grant authors the right to challenge the removal of their works from schools and libraries

Several Republican amendments rightfully failed:

  • 6-32 on Sen. Bruce Tarr (R-Gloucester)’s typo-ridden amendment to increase bureaucracy for schools and libraries. Note also that this amendment’s requirement of notification of “at least two parents or guardians” for every student is a disappointing demonization of single parents. Democrat Mark Montigny (D-New Bedford) joined the five Republicans in voting for it.
  • 7-30 on Sen. Peter Durant (R-Spencer)’s amendment to increase the administrative burden on school committees facing book challenges. Democrats Barry Finegold (D-Andover) and Michael Moore (D-Millbury) joined Republicans.
  • 5-32 on Sen. Bruce Tarr (R-Gloucester)’s amendment to make it more difficult to challenge book bans and again 5-32 on his amendment to increase the administrative burden on school committees

MA Senate Passes Strong Data Privacy Protections

Earlier today, the MA Senate voted 40 to 0 to pass the Massachusetts Data Privacy Act, which would — among other steps — ban the sale of sensitive data (including location data) and impose meaningful data minimization on companies harvesting our personal information. You can read the MA Senate’s fact sheet here.

During debate, the Senate passed two amendments that we, along with groups in the Location Shield Act, had advocated for:

  • Amendment 4, which extends the ban on sales of geolocation data to cover anyone who visits Massachusetts for any reason, including travel to the state to pursue personal health care.
  • Amendment 52, which ensures that businesses cannot sell sensitive data, regardless of whether they are otherwise exempt under the act.

The bill now moves to the House. 99 state representatives have co-sponsored the bill, but pressure will be needed to get past the Legislature’s characteristic inertia.