Testimony

We Need a Siting Reform Process That Isn’t Buried in the Past

Tuesday, June 20, 2023

Chair Barrett and Members of the Senate Committee on Telecommunications, Utilities, and the Environment:

My name is Jonathan Cohn, and I am the Policy Director of Progressive Massachusetts, a statewide grassroots advocacy group committed to fighting for an equitable, just, democratic, and sustainable Commonwealth.

We urge you to give a favorable report to S.2113/H.3187: An Act Relative to Energy Facilities Siting Reform to Address Environmental Justice, Climate, and Public Health (DiDomenico/ Madaro).

Our state has strong climate goals, but goals are only as good as the plans to meet them. If we want to meet our emissions targets, then we need to be accelerating the transition to renewable energy and building the sustainable, distributed grid that can make that a reality.

Our current energy facility siting system is an obstacle to achieving these goals. Utility companies like Eversource and National Grid exploit our outdated siting system to maximize their profits at the expense of communities and ratepayers. They build expensive, heavy-polluting facilities based on fuels that need to be left in the ground, and against the will of environmental justice communities.

We need a process that works smoothly and one that engages communities before projects get started. Engaging community at the start in an intentional way lowers costs and produces better outcomes for all, as does providing early attention to the climate and public health impacts of a siting decision.

That’s where the Siting Improvement bill comes in. It updates the Siting Board to incorporate public health and climate into approval criteria and adds seats for a representative of environmental justice populations and an Indigenous representative. Moreover, it recognizes that effective process starts early by requiring upfront community engagement and analysis, and it prohibits projects that increase pollution in already overburdened communities.

We need to be scaling up our deployment of renewable energy, and we need a siting reform process that works to achieve that, rather than one that keeps us buried in the past.

We additionally urge a favorable report for S.2150/H.3225: An Act to Encourage Solar Development on Buildings and Disturbed Land (Mark /Sabadosa – Garballey). This bill would incentivize new community solar projects in the built and disturbed environment, allowing more renters to access the benefits of solar and helping us; the bill is a win-win proposal that helps us accelerate clean energy, reduce pressure on natural lands, and create economic opportunities.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

climate

We Already Know Mandatory Minimums Don’t Work

Friday, June 16, 2023

Chair Eldridge, Chair Day, and Members of the Joint Committee on the Judiciary:

My name is Jonathan Cohn, and I’m the policy director of Progressive Massachusetts, a statewide, member-based grassroots advocacy organization fighting for a more equitable, just, sustainable, and democratic Commonwealth.

We urge you to give a favorable report to S.1051/H.1800: An Act restoring judicial discretion in controlled substance cases, filed by Sen. Liz Miranda and Rep. Erika Uyterhoeven.

In 2018, the Legislature took bold action to turn the tide on mass incarceration and address the disparities created by our criminal legal system; however, the Legislature also misguidedly decided to create new mandatory minimums for certain drug-related offenses.

The research about the flaws of mandatory minimums is well-known by the Legislature: that is why you eliminated many of them.

Mandatory minimum sentences do not deter crime: numerous studies have shown that increasing penalties is not a serious deterrent to criminal activity.

Mandatory minimum sentences do not reduce drug use or addiction: the Legislature chose to expand mandatory sentences for opioid-related offenses, but a real response to our opioid crisis would need to address the failures of our health care system and other service gaps.

Mandatory minimum sentences exacerbate racial inequities, as studies have shown that Black defendants are much more likely to be sentenced to crimes that carry mandatory minimum sentences.

Mandatory minimum sentences helped fuel the era of mass incarceration. We know that era failed, creating broken communities and broken people. We have taken steps to move past it, but we must go all the way.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

decarceration

This Bill Can Help Us Wean Our State off Plastics

Thursday, June 15, 2023

Chair Rausch, Chair Cahill, and members of the Joint Committee on Environment and Natural Resources:

We urge you to give a favorable report to H.882/S.570: An Act to reduce plastics (The Plastics Reduction Act), filed by Rep. Ted Philips and Sen. Becca Rausch.

Many of us are familiar with the mantra “reduce, reuse, recycle.” We too often focus on the third command and ignore the first. Indeed, when it comes to plastics, a focus on reduction is vital, not simply because “reduce” should always be the first part of the hierarchy, but because plastics recycling lacks the success of paper (especially cardboard) and metal recycling, where clear markets for repurposing materials exist. Many plastic items put into recycling bins end up in landfills because of such a lack. I personally own a number of shirts that are made from polyester from recycled plastic, but that is a niche market. Melting down and recomposing plastic is expensive, and plastic degrades each time it is used.

Moreover, as plastic is a petroleum-based product, we need to wean ourselves off it—and do so quickly—if we are to meet climate goals. Fossil fuels need to be left in the ground, not dug up to be turned into products that end up buried under the ground in landfills.

These bills take a comprehensive approach. They would enact a statewide plastic bag ban: more than two-thirds of our state’s population live in municipalities where such a ban already exists, and we are the only Northeastern state other than New Hampshire not to have passed a statewide law yet. To ensure that people in environmental justice communities who already bear the burden of pollution do not face undue burden from a new fee on paper bags, the bill would create a fund to cover the costs of reusable bags in such communities. The bill would limit disposable food service packaging (bowls, plates, cuts, cartons, straws, etc.) to biodegradable or compostable products; limit the sale and public purchasing of smaller plastic water bottles; and take other important steps.

When we keep our parks, streets, and rivers clean; reduce the trash that goes into landfills that leak methane and pollute groundwater; and leave fossil fuels in the ground, we all benefit.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

environment

The Solution to Homelessness Is Homes, Not Criminalization.

Tuesday, June 13, 2023

Chair Kennedy, Chair Livingstone, and Members of the Joint Committee on Children, Families, and Persons with Disabilities:

We urge you to give a favorable report to H.211/S.1112: An Act establishing a bill of rights for individuals experiencing homelessness, filed by Representatives Smitty Pignatelli and Frank Moran and Sen. Becca Rausch.

The solution to homelessness is clear: giving people homes. But too often, municipalities see the solution as criminalization and punishment instead, worsening the underlying problems and forcing individuals into vicious cycles of incarceration and housing instability.

As rents and housing prices skyrocket in Massachusetts, an increasing number of families face housing instability, experiencing short-term or long-term homelessness. According to the US Department of Housing and Urban Development, 18,471 people in Massachusetts were counted as homeless in January 2019, more than two-thirds of that population consisting of families with children.

We desperately need comprehensive action to address our housing crisis and to secure housing for those currently without it. However, we also need to ensure that misguided and archaic laws do not make it more difficult for individuals to obtain housing.

These bills would rectify this status quo by extending anti-discrimination protections to persons experiencing homelessness, including protections when seeking employment, housing, voter registration, and access to public spaces and places of public accommodation. They would also ensure that individuals experiencing homelessness are not being criminalized for existing in public space, protecting their right to rest, seek shelter from the elements, occupy a legally parked car, pray, eat, and avoid needless harassment in public spaces.

H.211 and S.1112 are essential to ensuring Massachusetts is a state that treats all residents with dignity and respect, and we urge you to give it your support.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

housing

Everyone Needs ID. Here’s Why, and Here’s What the Legislature Can Do.

Tuesday, June 13, 2023

Chair Crighton, Chair Straus, and Members of the Joint Committee on Transportation:

We urge you to give a favorable report to H.3388, H.3360, and S.2251: An Act to provide identification to youth and adults experiencing homelessness (the Everyone Needs ID bill), filed respectively by Rep. Jim O’Day, Rep. Kay Khan, and Sen. Robyn Kennedy.

Individuals experiencing homelessness face significant obstacles to obtaining an ID, but IDs can often be essential to securing employment and even accomplishing everyday life tasks. Without an ID, it can be difficult, if not outright impossible, to apply for jobs, enroll in education programs, get a library card, pick up a package from the post office, receive a prescription from a pharmacy, and more. So many of us take such tasks for granted, but for individuals experiencing homelessness, they become complicated endeavors and roadblocks on the path toward stability.

The aforementioned bills offer a solution by requiring the Registry of Motor Vehicles to waive the $25 fee for an ID for people experiencing homelessness and by allowing applicants to support alternative documentation to prove Massachusetts residency, such as allowing individuals to provide evidence of receiving services from a state agency under the Executive Office of Health and Human Services.

Massachusetts must take comprehensive addition to ensure housing for all; however, in the interim, we must ensure that our policies are not exacerbating the obstacles faced by individuals experiencing homelessness. We urge you to make a difference this session by advancing these bills.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

housing

MA Doesn’t Need New Tax Giveaways for the Rich

Tuesday, June 6, 2023

Chair Moran, Chair Cusack, and Members of the Joint Committee on Revenue:

We urge you to give a favorable report to H.2964/S.1801: An Act to reform the charitable deduction, filed by Rep. Erika Uyterhoeven and Sen. Jamie Eldridge.

Legislative leaders have been talking about the importance of “progressive” tax reform. If we want to build on steps toward a more progressive tax code, such as last year’s passage of the Fair Share Amendment, one place worth attention is the charitable deduction, which recently took effect.

The charitable deduction will reduce state revenue by approximately $300 million annually, with disproportionate benefits to the richest residents of the Commonwealth. According to a 2020 analysis from the Massachusetts Budget and Policy Center, tax filers with more than $1 million in income would receive a benefit of almost $10,000 on average (amounting to more than half of the total benefits from the deduction). Those with income under $50,000 would receive just $7 on average (amounting to just 4% of the total benefits from the deduction).

This bill would address such disparities by limiting the charitable deduction to individuals who don’t also get such a deduction on their federal taxes: in other words, it would limit the deduction to low- and middle-income residents.

Voters were clear last year that they want to see a more progressive tax code and greater investments in our Commonwealth. Especially with the possibility of a recession in the near term, as well as a federal retrenchment from key social programs, now is not the time to be protecting tax cuts to the richest residents of the Commonwealth and eliminate a new “double dip” deduction.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

tax fairness

Ensuring Birthing Justice in the Commonwealth

Tuesday, June 6, 2023

Chair Cyr, Chair Decker, and members of the Joint Committee on Public Health:

We urge you to give a favorable report to S.1415, An Act relative to birthing justice in the Commonwealth, and H.2209/S.1457, An Act promoting access to midwifery care and out-of-hospital birth options.

Since the Dobbs decision last year, nearly 20 states have moved to ban or severely restrict access to abortion, with wide-reaching negative impacts on access to reproductive health care, especially for marginalized communities. Although Massachusetts has taken important strides in recent years to strengthen access to reproductive health care, which we greatly appreciate, our Commonwealth still sees severe inequalities in access to care. Indeed, Black women are twice as likely to die from pregnancy-related causes than white women. We have more work to do to break down barriers to the full spectrum of reproductive health care that still exist for Black, Indigenous, and other people of color.

An Act relative to birthing justice in the Commonwealth introduces a critical framework to improve maternal health outcomes and ensure people have the support, education, and access to resources to be empowered throughout their pregnancies. An Act promoting access to midwifery care and out-of-hospital birth options, standalone legislation which is also a core provision of the birthing justice bill, creates a pathway to licensure for Certified Professional Midwives, the key midwifery workforce trained in out-of-hospital births.

These bills advance key recommendations from the Special Commission on Racial Inequities in Maternal Health. When the Legislature creates commissions to investigate policy areas, it is incumbent upon the Legislature to listen to the recommendations. Commissions take time and work from countless legislators, administrators, staff, and outside experts, and the recommendations are the result of such underappreciated work.

By embracing those recommendations, Massachusetts can ensure all pregnant people—regardless of race—have the autonomy, support, and adequate birth options to feel empowered throughout their pregnancies.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

health care reproductive rights

The Major Polluters Who Caused the Climate Crisis Should Pay for the Cleanup

Wednesday, May 17, 2023

Chair Rausch, Chair Cahill, and Members of the Joint Committee on Environment and Natural Resources,

We urge you to give a favorable report to H.872/S.481: An Act establishing a climate change superfund and promoting polluter responsibility (“Polluters Pay”), filed by Sen. Jamie Eldridge and Rep. Steve Owens.

Massachusetts is already facing the impacts of climate change, and it will only get worse. The increased incidence of storms will damage coastlines and increase inland flooding: the state has projected that inland property damage due to climate change will increase by almost 50% by mid-century, with a disproportionate impact on low-income communities. Additional rail repair costs from extreme temperatures could reach $6 million per year by 2050 and a striking $35 million by the end of the century, and repair costs for electric transmission and utility distribution infrastructure alone are projected to increase by almost $100 million by 2050, with power outages disproportionately impacting low-income communities again. Not to mention the impact on human health and lives.¹

Meanwhile, major fossil fuel companies are seeing record profits. The very companies who lied to the public for decades about climate change are benefiting while all of us, especially the most vulnerable, bear the cost.

We already have a successful model for addressing these situations of public damages, private profits: the “polluter pays” principle. This principle is employed in all of the major US pollution control laws: Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act (solid waste and hazardous waste management), and Superfund (cleanup of abandoned waste sites).

This bill would extend that proven principle to the climate crisis by establishing a climate change adaptation cost recovery program. It would require companies that have contributed significantly to the buildup of climate-warming greenhouse gasses in the atmosphere to bear a share of the costs of needed infrastructure investment, based on their historic emissions.

This bill would raise an estimated $75 billion over 25 years from the 20 largest polluting companies to provide funding for climate resiliency efforts such as restoring coastal wetlands; upgrading roads, bridges, subways, and transit systems; preparing for and recovering from hurricanes and other extreme weather events; installing energy efficient cooling systems; upgrading the electrical grid; and expanding green spaces and urban forestry.

Moreover, the bill understands that our sustainability transition must be a just one, with key provisions to ensure that sufficient funds go to environmental justice populations and that the funding goes to the creation of good-paying jobs.

Massachusetts has taken important steps toward climate mitigation in recent sessions and we must continue to do so to meet our state’s climate goals, but we also need to address the climate crisis that is already hitting communities. This bill shows a way forward.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

Endnotes

[]1 Gloninger, Chris and Asher Klein. “When a Major Hurricane Hits New England, the Costs Will Be Huge.” NBC News. July 25, 2019. https://www.nbcboston.com/news/local/catastrophic-hurricane-new-england-modeling/92234/; Zhao, Bo. The Effects of Weather on Massachusetts Municipal Expenditures: Implications of Climate Change for Local Governments in New England. Boston: Federal Reserve Bank of Boston, 2023; 2022 Massachusetts Climate Change Assessment. Boston: Commonwealth of Massachusetts, 2022. https://www.mass.gov/doc/2022-massachusetts-climate-change-assessment-december-2022-volume-i-executive-summary/download.

climate

“Those solutions share one thing in common: they all require money.”

Tuesday, May 16, 2023

Chair Moran, Chair Cusack, and Members of the Joint Committee on Revenue:

My name is Jonathan Cohn, and I am the policy director at Progressive Massachusetts. We are a statewide, multi-issue, grassroots membership organization focused on fighting for policy that would make our Commonwealth more equitable, just, sustainable, and democratic.

This year so far, the Legislature’s discussion about “tax reform” has centered on how to roll back taxes. The framing of “tax relief” has unfortunately warped discussion of the major issues facing our Commonwealth. “Tax relief” implies that taxes are a burden harming our Commonwealth rather than our collective investments in our collective well-being. And the framing of “tax relief” displaces discussion from the real burdens faced by residents of the Commonwealth: the high cost of housing, the high cost of health care, the high cost of child care, the high cost of higher education, long hours in traffic, a malfunctioning transit system—the list goes on.

Addressing those true burdens that Commonwealth residents face requires many disparate policy solutions, but they share one thing in common: they all require money. If we want to ensure that our students get the best education possible from pre-K to postsecondary, that everyone has the best health care possible, that everyone has a safe roof over their head, that everyone can get to where they need to go efficiently, cleanly, and safely, that everyone has clean air to breathe, then we need to raise the revenue to do it. Our new Governor has outlined proposals to move us closer to such goals, but they will exist only on paper if not backed by funding.

As such, we urge you to broaden the discussion of “tax reform” to think about how the Commonwealth can make a more progressive tax code that enables us to do right by all our residents.

Please give a favorable report to the following bills:

H.2708/S.1925: An Act to close corporate tax loopholes and create progressive revenue (Barber & Uyterhoeven / Rausch)
H.2743 / S.1835: An Act establishing a tiered corporate minimum tax (Connolly / Gomez)
H.2967 / S.1858: An Act establishing a tax on excessive executive compensation (Uyterhoeven / Lewis)
H.2856 / S.1788: An Act relative to restoring corporate tax rates (Keefe / DiDomenico)
H.2725/S.1875: An Act requiring public disclosures by publicly-traded corporate taxpayers (Capano / Miranda)

To provide a quick note on each of these bills:

H.2708 and S.1925 would increase the share of GILTI income (“Global Intangible Low-Taxed Income,” or offshored income made in Massachusetts) that the state taxes from 5% to 50%. This could raise up to $450 million in additional revenue each year and would bring us in line with Maine, New Hampshire, and Rhode Island.

The corporate minimum tax—namely, the tax that corporations pay if they are able to wipe away all tax obligations through accounting tricks—is $456 and hasn’t budged since 1989 (the year after I was born, I might add). H.2743 and S.1835 would create a tiered structure for this minimum tax so that large corporations are paying their fair share.

By imposing additional taxes on corporations with excessive imbalances in how much they pay their C-suite executives versus their median employees, H.2967 / S.1858 would both raise revenue and reduce the Commonwealth’s sky-high income inequality.

A decade ago, Massachusetts lowered the tax rate on corporate profits from 9.5% to 8.0%. H.2856 and S.1788 would reverse that change to, again, make sure corporations are paying their fair share. According to MassBudget, each 1 percentage point increase in the rate could generate between $200 -$300 million in additional annual tax revenue.

Large corporations pay teams of lawyers to help them avoid paying taxes. We know that this problem exists, but without disclosure, we cannot understand the totality of the problem and best calibrate our response. The disclosure requirements required in H.2725/S.1875 would help us do that.

Our Commonwealth has the resources to ensure the best for all our residents, but we need to commit to realizing such a vision through our policy.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

revenue

“Transparency is essential to closing persistent gender and racial pay inequities.”

Tuesday, May 9, 2023

Chair Jehlen, Chair Cutler, and Members of the Joint Committee on Labor and Workforce Development:

We urge the committee to give a favorable report to the following bills:

H.1849/S.1191: An Act relative to salary range transparency / An Act relative to pay range disclosure

H.1940/S.1181: An Act relative to transparency in the workplace

These bills would build on past progress toward gender and racial equity in Massachusetts workplaces.

The first set of bills would require employers to disclose salary ranges to employees who ask for them when hiring for positions, and the latter set would require companies and municipalities to submit their federally required EEOC data to the Massachusetts Secretary of State’s office. This information would then be combined with statewide figures to provide aggregate and accurate reports of the wage gaps within various business sectors that can be seen and understood both by workers and employers.

Transparency is essential to closing persistent gender and racial pay inequities. If we can’t identify the existence and extent of disparities within and across industries, it is difficult to make and track progress. We cannot change what we do not measure.

Moreover, studies have repeatedly shown the importance of pay range transparency to enabling prospective employees to better negotiate for fair compensation.

California, Colorado, Connecticut, Maryland, Nevada, New York, Rhode Island, and Washington have all already passed pay range disclosure laws. For Massachusetts to have a competitive and equitable economy, we should join them.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

wage equity