Published in The Dedham Times (August 15, 2024)
Author: John Kyriakis, Dedham
The Massachusetts Legislature ended its formal session on July 31. It was a remarkably unproductive session. Since 2005, there has been a near 50% drop in the number of laws passed in the second year of each session, culminating in a dismal 253 bills enacted in this session. A substantial percentage of these (192) were home rule petitions—legislation filed by cities and towns to address local, not statewide issues (Examples include changing the name “Board of Selectmen” to “Select Board.”) Massachusetts’ Legislature is now fourth from the bottom in productivity. Coincident with this plummeting productivity, since 2005, the number of recorded votes (as opposed to voice votes) has dropped by close to 80%. Inasmuch as conference committee proceedings and votes are kept secret, the Legislature continues to be depressingly non-transparent.
It wasn’t all bad. The Legislature did pass the Parentage Act, which expands parentage statutes to be inclusive to LGBTQ+ families and families formed through assisted reproduction. A gun safety bill was also finally passed. This new law tightens red flag and ghost gun provisions along with other important safety matters. Moreover, the Fair Share Amendment (passed in 2022 by the voters) continues to deliver, providing important support for child care, early childhood education, K-12 education and community college education.
It was heartening also to see passage of the Affordable Homes Act, a critically needed housing bond bill that includes provisions permitting accessory dwelling units, eviction record sealing provisions, and foreclosure mediation. However, the legislature caved to the real estate lobby and failed to include a voluntary real estate transfer fee. This fee would help local communities fund the construction of affordable housing. The Affordable Homes Act did approve $5.1 billion in bond authorizations. However, a bond bill is analogous to a to-do list or a restaurant menu. It merely allocates a lump sum and lists possible spending ideas, or priorities. It does not mandate timely spending on those priorities. Nor does it indicate where or when the money will be spent.
Most disappointing, however, was the lack of action on a climate bill. This year was the hottest on record, and will be the coldest year of the rest of our lives. Climate change is an existential threat. The still very real possibility of a second Trump administration raises the grim specter of a renewed push to abolish national climate legislation. Even if Vice President Harris wins in November, the Supreme Court’s nullification of the Chevron doctrine threatens the ability of federal agencies to competently monitor and regulate the industries that produce greenhouse gases. Moreover, as indicated in their 2024 platform, a Republican majority in either house of the US Congress would be expected to stall both existing and future federal climate-friendly legislation. Accordingly, bold, and immediate local action on climate change is critically needed. Given that environmental justice communities bear the brunt of the adverse effects of climate change, it is particularly distressing that the suffering of the state’s poorest communities will continue to be ignored.
The lack of productivity of the Massachusetts Legislature is particularly galling insofar as the Democratic Party has a legislative trifecta—veto-proof majorities in both houses, and a Democratic governor. The Legislature’s highly centralized power structure in which leadership rewards members with higher pay and committee chairmanships in exchange for loyalty, combined with the fact that many legislators run unopposed, has created a situation in which complacency and the status quo rule the day, and the Statehouse is beholden to well-funded interests rather than to the voters.
In the end, however, the voters and local advocates have the power to shake up this sclerotic system. Perhaps we should consider making state elections into real contests by nominating multiple candidates at both the primary and general election level. A ranked choice voting system would also be a welcome addition. There’s nothing like a rival chomping at your heels to motivate real action.
