Governor Baker Unveils School Finance Proposal to Fully Fund the Foundation Budget Recommendations with FY20 Budget

Governor Baker Unveils School Finance Proposal to Fully Fund the Foundation Budget Recommendations with FY20 Budget

BOSTON – The Baker-Polito Administration today announced a multi-year school finance reform initiative to increase funding for school districts to invest in a quality education and fully implement the recommendations of the Foundation Budget Review Commission. An Act to Promote Equity and Excellence in Education will be filed alongside the proposed Fiscal Year 2020 (FY20) state budget, which includes a significant increase in state education aid to fund the first year of the reform plan.

The reform bill filed today updates the Foundation Budget formula to provide more support for school districts to meet the rising cost of health care and special education costs, as well as educating English language learners and low-income students, and will provide a significant influx of funding for communities with the highest need. The proposal will also target additional support for the lowest-performing schools to offer programs that give every student greater opportunities to learn.

The initiative also gives the Commissioner of Elementary and Secondary Education the ability to support persistently underperforming schools, in part by utilizing a limited amount of Chapter 70 funds, if necessary, to implement needed reforms and investments with the district.

This proposal represents the most significant expansion of the Foundation Budget since the formula was adopted in 1993, and is funded using available revenue.

The Administration’s budget for FY20 includes an increase of $200.3 million in Chapter 70 funds to implement the first year of the reforms, for a total of $5.1 billion in school aid next year.

“Our proposal updates the school funding formula to provide a quality public education for all students, particularly in school districts with the highest needs, across the Commonwealth,” said Governor Charlie Baker. “This initiative will fully fund the Foundation Budget Review Commission recommendations and will make targeted investments for low-income students, minority students, and English Language Learners to help close the achievement gap and support underperforming schools. We look forward to working with the Legislature to update the Commonwealth’s school finance policies, building on the nearly half a billion dollar increase in funding our administration has invested in public education.”

Building on the Administration’s previous investments to implement the Commission’s recommendations, when the school finance reform initiative is fully implemented the Foundation Budget will increase by more than $1 billion (in current dollars), resulting in an increase of an estimated $3.3 billion by 2026.

This is the third consecutive year that the Administration’s budget proposal has included increases for school districts to address rising health care costs, one of the deficiencies identified by the Foundation Budget Review Commission. Over the past two years, Governor Baker signed budgets that increased funds to school districts for health care by nearly $60 million. The Administration also supported an increase of $24.5 million for districts educating English Language Learners in FY19. These increased investments have allowed communities to put more money back into classrooms, with the greatest impact on low-income communities.

The major components of the school finance reform initiative with an impact on the FY20 budget include:

·       Full funding of foundation and base aid requirements, reflecting current rate of inflation ($129.9 million increase)

·       Further increase in Foundation Budget formula for health care, including benefits for retirees ($30.6 million increase)

·       Additional increase in the factor for educating English language learners ($13.6 million increase)

·       Increased support to districts serving highest concentration of economically-disadvantaged students ($12.8 million increase)

·       Minimum aid level of $20 per pupil for all districts ($7.9 million increase)

·       Increase in funding to help districts meet rising out-of-district special education costs ($4.3 million increase)

·       Introduction of a new enrollment category for students in Early College and Career Pathways ($1.2 million in FY20)

Starting in Fiscal Year 2021, the plan will phase in an expansion of the factor in the foundation budget for counseling and psychological services, which will ultimately add about $75 million (in current dollars) to the statewide Foundation Budget. The Administration’s budget proposal also creates a $30 million trust fund for school safety initiatives.

“By updating the school funding formula to provide more support to enroll students in Early College and Career Pathways programs, we will help high school students gain more work experience and access to college level courses before they graduate,” said Lieutenant Governor Karyn Polito. “This budget will build on the investments our Administration has already made to improve school safety by supporting grants for districts for security and communications upgrades and training for school and public safety officials, among other initiatives.”

The Administration’s school finance reform proposal includes opportunities for struggling schools to partner with the Department of Elementary and Secondary Education to invest in proven strategies that help students learn, such as acceleration academies, after-school enrichment, as well as more professional development and leadership programs for teachers. The budget proposal also includes a new trust fund of $50 million, to be used by the Commissioner of Elementary and Secondary Education to help accelerate improvements in low-performing schools. In addition to this trust fund, the Governor’s budget proposes $26.5 million in targeted assistance funds to help schools improve.

“While this increased investment is incredibly important, how we spend it is equally important to ensure we are using strategies and providing programs that accelerate learning for all students and close achievement gaps,” said Secretary of Education James Peyser. “We are asking the lowest-performing schools to partner with the Department of Elementary and Secondary Education to make reforms that will help our neediest students achieve their potential academically.”

The proposal strengthens the Commissioner of Elementary and Secondary Education’s ability to support schools that are consistently underperforming by giving him authority to work with schools to use a limited amount of a district’s school aid to implement needed reforms and investments.

“While Massachusetts public schools offer many children a strong education, that success has not reached all students,” Elementary and Secondary Education Commissioner Jeffrey C. Riley said. “The measures included in the governor’s proposal will help us ensure that the Commonwealth’s most struggling schools are on the right track to offering their students a strong program and engaging instruction.”

The 1993 Education Reform Act created the school funding formula that determines how much each school district must spend, based on the specific makeup of its student body, to ensure every child receives a solid education. Every school district’s Foundation Budget is different, and calculated specifically for that district. The Commonwealth’s progressive funding formula finds the right balance between state and local contributions to fund districts’ Foundation Budgets. School districts with higher populations of low-income students and English Language Learners have the highest Foundation Budgets. Districts with small populations of students who make up those high-need categories have smaller Foundation Budgets. The law requires communities to pay a share of their Foundation Budget, determined by their local tax base.

Charter School Reimbursement

In addition, the proposal will revamp charter school reimbursements to a three year schedule, with 100 percent tuition reimbursements to districts the first year, 60 percent the second, and 40 percent the third. By revising the reimbursement formula to a three year schedule, the Commonwealth will be a better partner to local communities that experience increasing enrollments in charter schools.   This realignment will also ensure that communities spending greater than 9 percent of their total school spending on charter school tuition payments will benefit from a new minimum tuition reimbursement amount.

In addition, the Administration’s plan increases the facilities stipend for charter schools. Currently charter schools get a facilities stipend of $893 for each student, which hasn't changed in 10 years.  This proposal increases that amount by 5% to $938, and then indexes it for inflation going forward.

College Affordability

Along with new investments in K-12 education, the House 1 budget proposal includes a historic $100 million investment to help more students afford college.

The Administration’s reform proposal creates more opportunities for all students to gain skills, knowledge and experience by revising the school funding formula to incentivize high schools that enroll students in Early College and Career Pathway programs.  The proposal creates a dependable revenue stream as part of the Foundation Budget formula to support these programs, so more students can earn college credits or professional certificates at no cost to them while they are still in high school.

The House 1 proposal includes a new $100 million trust fund that will enable students entering Massachusetts public and private colleges and universities next year to significantly reduce college costs and have greater opportunities for paid internships and cooperative education. Seeded with revenue from the Administration’s sales tax modernization proposal described in more detail below, the trust fund would set aside $25 million for Commonwealth Commitment, the college affordability program for students transferring from a community college to a public college or university. The trust fund would commit another $25 million to scholarships for students who are participating in proven college success programs at both public and private four-year colleges; $25 million for matching grants to provide work experiences to students attending two and four-year public colleges and universities; and $15 million to expand Early College programs. The trust fund would also set aside $10 million to pilot financial aid strategies that have proven successful in other states to help students complete their degrees.

As part of this expansion, the Baker-Polito Administration will ask public colleges and universities to develop long-term plans to reduce student charges, while still ensuring institutional fiscal sustainability.

“This is a breakthrough budget proposal for students and families who look to Massachusetts’ public colleges and universities to deliver both opportunity and affordability,” said Commissioner of Higher Education Carlos E. Santiago. “This proposed investment could have dramatic impact on both individual lives and the state as a whole – because a highly-educated workforce is the key to economic growth.”

Details on the full FY20 budget proposal, known as House 1, follow here.

HOUSE 1 PROPOSAL FOR FISCAL YEAR 2020

Including the increased investment for the Administration’s school finance reform proposal, the Administration’s FY20 budget proposes $42.7 billion in overall spending, including investments in substance misuse, mental health, workforce development, climate change preparedness, transportation and public safety.

The FY20 budget proposal relies on total tax growth of 3.6%. That includes a consensus tax revenue estimate of $29.299 billion, or 2.7% growth over the revised FY19 tax benchmark, in addition to $133 million in projected revenue from recreational marijuana sales and $28 million from room occupancy tax modernization scheduled to take effect on July 1, 2019. House 1 increases gross spending by 1.5% over FY19 projected spending, and uses only $28.5 million in one-time revenue for ongoing expenses. It anticipates a deposit of $297 million into the Stabilization Fund, which would bring total reserves to $2.8 billion, after an expected deposit at the end of Fiscal Year 2019.

“Our Administration is pleased to file another fiscally-responsible budget proposal that is balanced with available tax revenue, limits the use of one-time revenue, and anticipates another deposit in the Rainy Day Fund, bringing the balance to $2.8 billion by the end of next fiscal year,” said Secretary of Administration and Finance Michael J. Heffernan. “Through fiscal discipline and a targeted approach to spending, this budget continues to make the key investments that enable us to meet the needs of all Massachusetts residents.”

The budget includes several reform initiatives, including a proposed change in eligibility for low-income seniors to save money on their prescription drugs by expanding benefits and eligibility for the Medicare Savings Program, and new authority for MassHealth to negotiate drug prices. House 1 also proposes changes to modernize sales tax collection for the state’s largest vendors by shortening the time between collection and remittance.

Sales tax modernization

House 1 proposes shortening the length of time between collection and remittance of sales tax for the state’s largest vendors, those that have remitted at least $100,000 in sales tax in the prior year. The budget proposes to dedicate the one-time revenue generated by this proposal in FY20 to support various one-time needs related to education, including investments in college scholarships, school safety, and to assist districts in eliminating lead from their school drinking water.

The budget also proposes a requirement that online marketplace facilitators collect and remit tax on sales to Massachusetts customers on behalf of vendors who sell products on their marketplace platforms, streamlining the revenue collection process and leveling the playing field for “Main Street” retailers across Massachusetts.

Energy and Environment

In addition to the House 1 proposal, the Administration today is also filing legislation to launch a major new climate change adaptation initiative, funded through a modest increase in the deeds excise paid on real estate transactions. This investment will amount to $75 million in FY20, and $137 million on an annualized basis to support the Commonwealth’s communities in upgrading their infrastructure and planning for the impacts of climate change.

House 1 also recommends an increase of $5.5 million over the Department of Public Utilities’ FY19 budget to support and enhance the pipeline safety division’s critical testing, investigations, and oversight responsibilities to ensure that natural gas distribution companies are in compliance with safety regulations.

Substance Misuse

The budget supports a total of $266 million in funding across several state agencies for substance misuse treatment and services. This includes $49.4 million to expand MassHealth treatment services for individuals with addiction made available through a federal waiver that allows Massachusetts to increase Medicaid funding for these services, and $16.7 million in new funding to fulfill the requirements of the CARE Act, including medication-assisted treatment within correctional facilities. Including this budget proposal, the Baker-Polito Administration will have increased annual funding to treat the opioid epidemic by $147 million, an increase of 123%.

The budget also includes $5 million for a regional, multi-agency approach to fentanyl interdiction, to give local police departments the resources to coordinate with each other across their districts to crack down on fentanyl trafficking and reduce the displacement of drug dealers into neighboring communities. This initiative would provide funding to police departments to conduct a prolonged and coordinated approach to addressing the fentanyl problem.

The budget also proposes a tax on gross receipts of opioid manufacturers from the sale of their opioid products to address the growing cost to the state of providing treatment and services for substance misuse. The proposal is projected to generate $14 million in FY20.

MassHealth reforms

MassHealth is funded at $16.539 billion gross, $6.586 billion net, representing growth of 0.1% gross (4.3% net) over estimated FY19 spending. The budget proposal includes new drug pricing authority for MassHealth to engage in direct price negotiations with drug manufacturers, subjecting high-cost prescription drugs to a public rate-setting process, similar to the process used to set rates for most other MassHealth services, if negotiations do not produce an agreement on a target price. House 1 also proposes a requirement that Pharmacy Benefits Managers be transparent about pricing spreads and rebates in their contracts with MassHealth Managed Care Organizations and Accountable Care Organizations, and limits their margins in those contracts. Together the reforms would deliver $80 million in gross MassHealth savings.

           

Assistance for seniors

House 1 proposes expanding benefits and eligibility for the Medicare Savings Program to provide assistance to approximately 40,000 low-income seniors in managing their prescription drug costs, delivering potential savings of thousands of dollars per year. A state investment of $7 million annually ($4 million in FY20) will leverage more than $100 million in Medicare prescription drug subsidies accruing directly to older consumers.

Black Advisory Commission/Latino Advisory Commission

House 1 supports a total of $23.9 million in funding across several agencies reflecting the priorities of Administration’s Black Advisory Commission and Latino Advisory Commission, from public schools to workforce training to economic development and housing.

THE BAKER-POLITO ADMINISTRATION’S FY20 BUDGET HIGHLIGHTS BY THE NUMBERS

Fiscal Overview

·       $42.7 billion in gross spending, a 1.5% increase over projected FY19 spending

·       Anticipates a deposit of $297 million into the Stabilization Fund, for a projected balance of $2.8 billion, 150% above the balance when the Administration took office

·       Assumes a reduction in the income tax rate to 5% on Jan. 1, 2020, returning $88 million to taxpayers in FY20

Transportation and the MBTA

·       $741.6 million for the Massachusetts Department of Transportation overall, including MassDOT operations, the Registry of Motor Vehicles, and other transportation agencies

·       A $1.130 billion sales tax transfer, in addition to $127 million in operating budget support and $60 million in capital funding that will be included in the FY20 capital budget

·       $86 million for regional transit authorities (RTAs), inclusive of $4 million in discretionary funding to improve ridership and performance, and authority for the Secretary of Transportation to establish performance metrics and reporting requirements for RTAs

Workforce and Economic Development

·       $2.9 million in new funding for the Registered Apprenticeship program

·       $2.5 million for the advanced manufacturing training program, and $2 million for Small Business Technical Assistance grants

·       $2 million in Urban Agenda grants, $1.5 million in new funding to expand targeted workforce development programs to Black and Latino young adults

·       $500,000 to fund a new downtown district coordination grant program, to promote cooperation among cities and towns as they implement downtown revitalization efforts

·       $10 million transfer of any consolidated net surplus to the Community Preservation Trust Fund, and $10 million to the Massachusetts Life Sciences Center

Housing Choice

·       $8 million in FY20, an increase of $3 million over FY19, through a combination of operating and capital funds for the Administration’s Housing Choice initiative, which provides grant awards and technical assistance to cities and towns that have met housing production goals over the past five years, providing them with an incentive to plan for and build diverse housing stock

Combating the Opioid Epidemic

·       Total of $266 million in funding across several state agencies for substance misuse treatment and services

·       $49.4 million to expand MassHealth treatment services for individuals with addiction made available through a federal waiver that allows Massachusetts to increase Medicaid funding for individuals with addiction

·       $16.7 million in new funding to fulfill the requirements of the CARE Act, including medication-assisted treatment within correctional facilities

·       Tax on gross receipts of opioid manufacturers from the sale of their opioid products, generating $14 million to address the growing cost to the state of providing treatment and services for substance misuse.

Mental Health

·       $887 million for the Department of Mental Health, a $10.8 million increase over last year

·       This investment builds on the $84 million the Baker-Polito Administration invested last year for the redesign of community-based services for adults with serious mental illness.

Supporting our Community Partners

·       $1.129 billion in unrestricted general government aid (UGGA), a 2.7% or $30 million increase over FY19, equal to the consensus tax revenue growth rate

·       $6.8 million in Community Compact-related programming

Black and Latino Advisory Commissions’ Recommendations

House 1 supports a total of $23.9 million for implementing these recommendations across agencies. This funding includes:

$12.4 M for education programs, including:

·       $5.9 million in funding to expand adult basic education programs, including post-secondary vocation programs, and English for Speakers of Other Language (ESOL) education programs

·       Funding to develop and expand college and career pathways for high school students through Early College and STEM Pipeline programs

$8.9 M for workforce development programs, including:

·       $2.3 million new funding to Youth Works employment program

·       $2.9 million increase for Registered Apprenticeships Program to tech, health care, and advanced manufacturing sectors

·       $2 million for Workforce Competitiveness Trust Fund to increase employer-based ESOL programs and career pathways

·       Expansion of “Learn to Earn” career pathway initiative to more regions

$2 M for economic development programs, including:

·       $1.5 million expansion for the Urban Agenda program

·       $440,000 for targeted outreach and assistance to Black-owned and Latino-owned businesses

Sexual Assault and Domestic Violence Prevention

·       $75 million across several agencies, an 18% increase in funding over the past four years

·       $1 million for DPH to expand the Healthy Relationships program, to address teen dating violence among teens in high-risk communities

Other Health and Human Services

·       $10 million, $1.9 million increase for the Safe and Successful Youth Initiative

·       Fully funds the Department of Developmental Services’ Turning 22 program

Criminal Justice and Public Safety

·       $19.5 million in FY20 to implement various criminal justice reforms, including:

o   $11.7 million for costs within the Department of Correction including additional correctional officers and other staff to meet requirements associated with recently-enacted criminal justice reforms

o   An increase of $2.3 million over FY19 spending for the Parole Board to support a higher caseload expected to be newly released into supervision

o   $1.9 million for the State Police Crime Lab to increase staffing to meet the new 30-day testing requirement for Sexual Assault Evidence Kits (SAEKs)

·       $9.4 million in funding for a new class of 150 officers at the Department of Correction

·       $8 million in funding for the Shannon Grant program to fund anti-gang and youth violence prevention efforts

·       $4.5 million for a new State Police class of 100 recruits

Baker-Polito Administration Files Legislation on Impaired Driving

Baker-Polito Administration Files Legislation on Impaired Driving

Proposal incorporates recommendations from special commission on operating under the influence

BOSTON – Governor Charlie Baker today filed legislation to implement the recommendations made by the Cannabis Control Commission’s Special Commission on Operating Under the Influence and Impaired Driving. The Special Commission was an important part of the 2017 legislation to legalize recreational marijuana and was comprised of a diverse set of stakeholders and experts, including police, prosecutors, medical and toxicological professionals, and representatives of the criminal defense bar and the civil liberties community.

“Today’s proposal includes important changes that will make Massachusetts safer and improve how police officers train for detecting the influence of intoxicating substances like marijuana, how they interact with  motorists who show signs of impairment, and eventually how these cases are tried in a courtroom,” said Governor Baker. “Our administration views these improvements as the next deliberative step for the Commonwealth and the Cannabis Control Commission to continue implementing the legalization of recreational marijuana safely and responsibly and we look forward to working with our colleagues in the Legislature to pass this bill into law.”

“We commend the members of the Special Commission for their careful review and thoughtful recommendations on the very serious public safety concerns associated with impaired driving,” said Lieutenant Governor Karyn Polito. “Passing these recommendations into law will raise awareness about the dangers of driving under the influence of any intoxicating substance and lead to safer roads in communities across the Commonwealth.”

The Special Commission recently released a report containing a series of recommendations, many of them unanimous, to improve how Massachusetts combats operating under the influence. The proposed adjustments encompass the entire process leading up to, during and following a motor vehicle stop for suspected driving under the influence. Many of the Special Commission’s 19 recommendations require legislative changes, which are reflected in “An Act Implementing the Recommendations of the Special Commission on Operating under the Influence and Impaired Driving.” The proposed legislative changes in this bill include:

·       Adopting implied consent laws to suspend the driver’s licenses of arrested motorists who refuse to cooperate in chemical testing for drugs, as existing law has long required for arrested motorists who refuse breath testing for alcohol;

·       Adopting a statute authorizing courts to take judicial notice that ingesting THC, the active chemical in marijuana, can and does impair motorists;

·       Directing the Municipal Police Training Committee (MPTC) to expand the training of drug recognition experts, and allowing them to testify as expert witnesses in civil and criminal cases;

·       Prohibiting drivers from having loose or unsealed packages of marijuana in the driver’s compartment of a vehicle, under the same provision of the motor vehicle code that has long prohibited driving with open containers of alcohol;

·       Recognizing the effectiveness of the horizontal gaze nystagmus test, shown through scientific research to be the single most reliable field sobriety test;  

·       Empowering police officers to seek electronic search warrants for evidence of chemical intoxication, as is the practice in over thirty other states.  Any blood draw would have to be authorized by a neutral magistrate after a showing of probable cause, and would be performed by a doctor, nurse or other appropriate medical staff at a health care facility;

·       Developing educational materials and programming on drug impairment to share with trial court judges.    

“These changes will help to bring Massachusetts into parity and ensure that the Commonwealth can protect its people from drivers who are high, just like we have long tried to protect our people from drivers who are impaired from alcohol,” said Secretary of Public Safety and Security Thomas Turco.

“I am pleased to see that Governor Baker has filed legislation to implement the recommendations of the Special Commission on Operating Under the Influence and Impaired Driving,” said Jennifer L. Flanagan, Commissioner of the Cannabis Control Commission. “This legislation is yet another example of Governor Baker’s commitment of providing public safety officials the tools necessary to keep our communities safe. I commend the Governor on his leadership and look forward to working with him as Massachusetts continues to regulate the adult use of marijuana in a responsible manner.”

“With the legalization of adult use marijuana establishments here in the Commonwealth since 2016 and with the recent approval by the Cannabis Control Commission of new licensees this past fall, it is absolutely essential that police officers stand ready to address the potential dangers posed by some motorists who choose to operate a motor vehicle while impaired after consuming marijuana,” said Brian Kyes, Chelsea Police Chief and President of the Massachusetts Major City Chiefs. “These proposals offered by the Special Commission, many in the form of an important public safety bill filed by Governor Baker, ensure that state and local police officers will be equipped with the proper tools and required training to identify and detect impaired operators to keep our roadways safe.”

“With the legalization of marijuana in Massachusetts, impaired driving has become a real issue for law enforcement to tackle. Innocent people are being injured and even killed in crashes involving impaired operators,” said Plymouth District Attorney Timothy Cruz. “I commend the Baker-Polito Administration for implementing the Special Commission to study operating under the influence and impaired driving and filing this legislation to help law enforcement ensure the safety of citizens on our roads.”

MAYOR WALSH TO JOIN NATION'S MAYORS IN DC FOR U.S. CONFERENCE OF MAYORS ANNUAL WINTER MEETING

MAYOR WALSH TO JOIN NATION'S MAYORS IN DC FOR U.S. CONFERENCE OF MAYORS ANNUAL WINTER MEETING

BOSTON - Tuesday, January 22, 2019 - Mayor Martin J. Walsh today announced he will join more than 250 of the nation's mayors in Washington, D.C. for the U.S. Conference of Mayors (USCM) 87th Winter Meeting. The meeting, which will be held at the Capital Hilton, will run through Friday, January 25, 2019. As part of the conference, Mayor Walsh will participate in panels and sessions on topics such housing, education, elder affairs, substance use disorder and equity. Mayor Walsh currently serves in a leadership role as a Trustee for the U.S. Conference of Mayors. The Trustees guide the organization's work for the coming year, from connecting mayors to share ideas and tackle common challenges, setting a robust policy agenda at the national level, and elevating mayors' voices on issues that face cities every day. In addition, Mayor Walsh currently serves as co-chair of the USCM Task Force on Substance Use, Prevention and Recovery Services along with Dayton Mayor Nan Whaley, Vice Chair of the Cities of Opportunity Task Force and member of the Tourism, Arts, Parks, Entertainment and Sports Committee. "Every year I look forward to the annual convening of the U.S. Conference of Mayors as an opportunity to showcase the bold and innovative ways that Boston is leading on the issues facing cities across our nation, and as a chance to learn more about how we can take our work even further," said Mayor Walsh. "What happens in Washington, we feel on the streets of Boston, so it is important that we work together with other cities on our shared priorities to offer a way forward for the nation during times of uncertainty and division." With more than 85 percent of Americans living in U.S. metropolitan cities, mayors are on the front lines of today's challenges and have consistently called on Washington to draw on mayoral expertise. During the meeting, mayors from both sides of the aisle, from rural, urban and suburban municipalities, will hold sessions on a range of issues, including infrastructure, immigration, climate, opportunity zones, automation and the economic future of cities. "The Winter Meeting of the U.S. Conference of Mayors is a critical and important way for cities across the country to stay connected with one another. It's a unique opportunity for mayors-whether Democrat, Republican or Independent-to roll up their sleeves, brainstorm about how to solve similar problems, and share best practices. As the gridlock and partisanship in Washington continues to escalate, mayors remain on the front lines working productively every day for the well-being of the people who live and work in their cities. There's no better time for the nation's mayors to come together to work on their shared priorities and build a brighter-more inclusive-future for all Americans," said USCM President and Columbia (SC) Mayor Steve Benjamin. A draft agenda and list of pre-registered mayors are available here. Stay connected with all the news about USCM's Winter Meeting by following @usmayors along with the hashtag #MayorsDC19. For more information about the U.S. Conference of Mayors, see here.

JOHNSON & JOHNSON, DEPUY ORTHOPAEDICS PAY $120 MILLION TO SETTLE 46-STATE INVESTIGATION INTO MISLEADING MARKETING

JOHNSON & JOHNSON, DEPUY ORTHOPAEDICS PAY $120 MILLION TO SETTLE 46-STATE INVESTIGATION INTO MISLEADING MARKETING

AG Healey Secures Nearly $2.4 Million and Injunctive Relief for Massachusetts

BOSTON – Attorney General Maura Healey has joined a coalition of 46 attorneys general in a $120 million settlement with Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc. over allegations that the company endangered consumers by falsely advertising and misrepresenting the durability of its hip implantation devices.  

According to the complaint, filed today with a consent judgment in Suffolk Superior Court, AG Healey alleges that DePuy violated the state’s consumer protection law by misrepresenting the durability of its ASR XL and Pinnacle Ultamet hip implant devices, as well as the stability, fit, and rate of wear of the ASR XL. Under the terms of the consent judgment, which remains subject to court approval, Massachusetts is slated to receive $2,379,774.

“Surgeons and patients need all the facts when deciding on major medical procedures,” said AG Healey. “This settlement with Johnson & Johnson sends a strong message of accountability to the medical device industry.”

Some patients who required hip implant revision surgery to replace a failed ASR XL or Pinnacle Ultamet experienced persistent groin pain, allergic reactions, or tissue necrosis, as well as a build-up of metal ions in the blood. 

The ASR XL was the subject of a recall in 2010. DePuy discontinued the sale of the Pinnacle Ultamet in 2013.

As part of the consent judgment, DePuy has agreed to reform how it markets and promotes its hip implants, including: 

• Basing its claims of wear, durability, and stability of its hip implant devices on scientific information and the most recent dataset available from a registry.
• Updating and maintaining internal product complaint handling operating procedures including training of complaint reviewers.
• Disclosing DePuy’s role as a sponsor of a study referenced in any marketing materials.
• Tracking and analyzing product complaints including complaints that do not rise to a level of a federally required Medical Device Reportable Event.

The investigation was led by the Attorneys General of Texas and South Carolina with an Executive Committee consisting of the Attorneys General of Florida, Indiana, North Carolina, Ohio, Pennsylvania, and Washington. Also participating in the settlement are Alabama, Alaska,

Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, and Wisconsin.

           

            The case was handled by Assistant Attorney General Michael Wong of AG Healey’s Health Care Division.

Boston 2019 LOVE YOUR BLOCK MINI-GRANTS now accepts application

MAYOR WALSH ANNOUNCES APPLICATIONS ARE NOW OPEN FOR 2019 LOVE YOUR BLOCK MINI-GRANTS

2018 Love Your Block volunteers in Codman Square Library BOSTON - Tuesday, January 22, 2019 - Mayor Martin J. Walsh today announced applications are now open for the 2019 Love Your Block mini-grants. Applicants interested in transforming physical landscapes with social programs can apply here or email loveyourblock@boston.gov by Friday, March 1, 2019.  "The Love Your Block program is a fantastic way for residents and organizations to get involved in their community and continue to show why the neighborhoods of Boston are such special places to work and live," said Mayor Walsh. "I encourage all interested residents to apply for these grants."  Last year, 60 applications were received and five were chosen to receive funding. Projects included revitalizing community gardens and beautifying vacant plots of land. Neighborhood mini-grant winners are awarded up to $3,000 to either implement or revitalize a public space used to address a larger issue identified by the community. Past examples of projects include community gardens, art installations, and placemaking.  "Boston's Love Your Block grant helped the Mattapan Branch of Boston Public Library generate excitement surrounding healthy eating and gardening," said Celia Contelmo, teen librarian at the Mattapan Branch of the Boston Public Library. "Because of LYB's funding, library patrons of all ages were able to participate in growing fruits and vegetables in their own neighborhood." The Love Your Block mini-grant award selection committee includes representatives from the Love Your Block team, the Mayor's Office of Neighborhood Services, Public Works Department, Parks and Recreation Department, Boston Transportation Department, City Hall To Go Program, Department of Neighborhood Development, and the Mayor's Office of Arts and Culture.  THE WINNERS OF THE 2018 LOVE YOUR BLOCK MINI-GRANT WERE: Charlestown: Charlestown Sprouts Community Garden Received $800 to revitalize the community garden by updating its infrastructure: repairing a broken compost bin, creating a garden message board, repairing the water control box covering, and adding additional garden plots. Charlestown: The Charlestown Coalition Received $2,700 to create a "peace park" at Mt. Vernon Plaza with landscaping, water features, and memory rocks to help bring awareness to those suffering from trauma, and substance use disorder.  South Boston: Round Table Received $3,000 to turn a vacant lot into a community garden as an extension of a new community center that seeks to educate and engage residents of all ages in conversations around healthy eating and environmentalism. Dorchester: Mt. Bowdoin Betterment Association Received $1,000 to beautify the corner lot by planting perennials, revitalizing the garden plots, and installing trellises decorated with artwork. Mattapan: Mattapan Branch of the Boston Public Library  Received $500 to rebuild community garden beds, as well as raise the garden beds for easier accessibility for children and seniors. ABOUT LOVE YOUR BLOCK Originally a partnership between the City of Boston and Cities of Service, Love Your Block officially became a City department in 2018. Love Your Block aims to help transform physical landscapes with social programs that highlight the culture of community by way of mini-grants, increased volunteerism, and service-based projects.

波士頓京津同鄉豬年春晚繽紛狂歡

京津同鄉豬年春晚籌備人員及贊助嘉賓合影。(主辦單位提供)

         (Boston Orange周菊子整理報導)波士頓京津同鄉1月19日晚搶頭籌，在勒星頓鎮基督學校以將近18項精彩的歌舞，小品，相聲，京劇，武術等演出，盛大慶祝2019農曆豬年新春。數百鄉親與嘉賓，全都節不醉人人自醉，歡樂一整晚，會後狂慶愛國者隊打進超級盃。

右起，劉希純，ㄚㄚ，崔雨晨，李照原擔任主持人。(主辦單位提供)

             大波士頓的京津鄉親，一年比一年多，春晚慶祝會不但規模越來越大，表演水準也越來越高，無論是燈光，音響，舞台設計或服裝，全都媲美專業演出。加起來成員已近千的”波士頓北京人”微信群，演出後討論，也是佳評如潮，讚嘆聲不斷。

表演者謝幕。(主辦單位提供)

             今年這場農曆豬年春晚，由李照原，ㄚㄚ，劉希純，崔雨晨主持，17個表演節目由陳笑儀，王健豪指導的新英格蘭冠軍武術學校演出”中國功夫鎮天下”，拉開序幕。

潘延(右二)等人主持春晚糧草大陣。(主辦單位提供)

             劉中指導的華誼集體舞隊接著表演”歡快閃電’舞蹈，劉培藝和沈聰伴奏，Ethan演唱搖滾歌曲”花房姑娘”，高迪表演話劇片段”正紅旗下”，內科醫師吳皓男聲獨唱”我愛你，中國”，孫天霄、亢靜表演小品”3T公司”，高宏偉京胡獨奏”夜深沉”，ㄚㄚ朗誦”唐詩裏的中國”，李曉鈴表演京劇”貴妃醉酒”，梁雁文、張川表演相聲”閒聊”，華誼集體舞隊表演Amy Baker指導的拉丁舞，馮麗麗演唱”美好新年”，Stacey表演拉丁舞”夢回”，Acton 高中演唱對The Madrigal Singers演唱"Bogoroditse Devo"，”Only in Sleep”，快樂馬戲團表演POI光具成像舞。

             京津同鄉的這年度大活動，今年仍由會長趙進，劉希純負責聯絡，演出節目的統籌，安排由劉中出任的藝術總監把關，王晶，雙魚團隊的郭芸，波士頓北京人群主李會銘率義工服務，為晚會提供美食的餐館和個人包括，劍橋Freshpond 的Genkiya 壽司，Bedford的Blue Fuji，Framingham和Burlington的老四川，Lexington北京郭林，台北食坊，Arlington醉杭州，Brooklin的小龍師傅，萬麗的米線和包子，以及潘延等。金門超市胡運炤總經理贈送了一個大蛋糕，燕成都和萬家網的黃小燕會後整理相片，視頻，陳奮，施志敏，田文等人還在會場提供五色療法義診。

Department of Public Utilities Penalizes National Grid for 2017 Storm Preparation and Response

Department of Public Utilities Penalizes National Grid for 2017 Storm Preparation and Response

Utility To Pay $750,000 Penalty

BOSTON – January 22, 2019 – The Department of Public Utilities (DPU) today issued an Order that imposes a $750,000 penalty on National Grid for inadequate storm preparation and power restoration efforts related to an October 29, 2017 windstorm that affected over 330,000 National Grid electric customers in 166 communities. The investigation, which included public hearings for impacted residents, businesses, and local officials, found that National Grid failed to comply with DPU guidelines and regulations as well as the company’s own Emergency Response Plan.  

“The Department of Public Utilities is committed to ensuring electric ratepayers across the Commonwealth are provided with a high level of service, especially during times of extreme weather events,” said DPU Chairman Angela M. O’Connor. “Following a comprehensive investigation which focused on preparations before the storm, restoration efforts after the storm, and communications with affected communities, the Department found that National Grid’s storm response did not meet existing protocols and did not provide the required restoration efforts to its ratepayers. The Department will continue to work with utilities across the Commonwealth to ensure that storm response plans are focused on increasing reliability for ratepayers.”

As part of its investigation, the DPU found that National Grid did not properly classify the severity of the storm, and as a result, fewer resources were available for customers and communities which ultimately affected the restoration efforts.  Additionally, the DPU found that the company did not adequately communicate with its customers or public officials.  These communications problems hampered restoration efforts and, among other things, kept customers from having accurate information about expected restoration times.

In accordance with the Order, National Grid has 30 days to submit a proposal to the DPU outlining the mechanism by which the company will disperse the penalty of $750,000 to customers. In addition to the monetary penalty, and in an effort to help protect ratepayers, the DPU has required National Grid to change its Emergency Response Plan to include updated communication protocols designed to improve future restoration efforts.

Baker-Polito Administration Files Legislation to Improve Road Safety

Baker-Polito Administration Files Legislation to Improve Road Safety

Proposal to address distracted driving, interlock devices, pedestrian and bicyclist safety and new mobility options

BOSTON – The Baker-Polito Administration today filed legislation to improve road safety entitled, “An Act Relative to Improving Safety on the Roads of the Commonwealth.” The proposal makes a number of changes recommended in the Strategic Highway Safety Plan and updates existing statutes that were drafted before recent advances in various forms of mobility.

“Keeping the Commonwealth’s networks of roads as safe as possible for everyone using them is one of our administration’s top public safety priorities,” said Governor Charlie Baker. “This bill includes common sense proposals to substantially reduce distracted driving, stiffen penalties associated with operating under the influence, improve safety requirements for certain trucks and to begin establishing a regulatory framework for new forms of transportation. We look forward to working with our colleagues in the Legislature to pass this comprehensive road safety bill into law.”

“Our administration believes empowering law enforcement and transportation officials with the tools contained in this bill will make a real difference in road safety for drivers, workers, bicyclists and pedestrians,” said Lt. Governor Karyn Polito. “This bill will put in place important safety measures for First Responders and highway construction crews working every day to improve road conditions and overall safety for everyone travelling in Massachusetts.”

Between 2012 and 2016, 15,662 people were seriously injured and 1,820 people lost their lives on the roadways of the Commonwealth, including 14 road workers who have been killed. To protect those working, the legislation would allow the Massachusetts Department of Transportation (MassDOT) to set up temporary mandatory speed limits in construction zones. To protect people walking, bicycling and using motorcycles on Massachusetts roadways, the legislation would require state-owned heavy trucks and state and municipally-contracted vehicles to be equipped with convex and cross-over mirrors and require the installation of side guards between the front and rear wheels of these vehicles to protect people from being caught under a truck and run over by its rear wheels. The bill expands efforts to limit distracted driving by having Massachusetts join sixteen other states, including all of our neighboring New England states, in requiring hands-free use of electronic devices while driving. Law enforcement would also be able to stop motorists who are not wearing seatbelts under this legislation.

The proposal corrects inconsistencies in the law for those convicted of Operating under the Influence (OUI) by requiring first-time offenders who apply for hardship licenses to be placed into the ignition interlock program and clarifying the ability of the Registry of Motor Vehicles to penalize those who attempt to drive after consuming alcohol, even with an ignition interlock device.

Emerging micromobility technologies like electric scooters and increased use of electric bicycles present both opportunities as a compliment to current means of transportation and challenges as an industry without any existing statutory framework. As a first step, the administration proposes treating electric scooters and pedal assist electric bicycles the same way bicycles are treated under state law and establishing a multi-party advisory group to recommend more permanent policies.

An Act Relative to Improving Safety on the Roads of the Commonwealth includes proposals on the following topics:

·       Hands-free: Requires electronic devices to be used in “hands-free” mode and would not allow anyone operating a motor vehicle to touch or hold a mobile electronic device, “except to perform a single tap or swipe to activate, deactivate, or initiate hands-free mode.” The bill would permit talking, texting and other tasks to be completed by voice commands and would allow law enforcement officers to better enforce distraction laws.

·       Primary seatbelt: Law enforcement would be permitted to stop motorists for not wearing seatbelts.

·       Work zone safety: Allows MassDOT to establish mandatory temporary lower speed limits in construction zones that would double fines when workers are present.

·       Ignition interlock, hardship licenses: Proposal would require the use of ignition interlock devices for first offenders who apply for hardship licenses, requiring an interlock device for a minimum of six months as a condition of obtaining a hardship license.

·       Ignition interlock, penalties for violating terms of interlock program: Clarifies the ability of the Registry to penalize those who attempt to drive after drinking alcohol, (even with an interlock device), or who tamper with an interlock device.

·       Side guards and additional mirrors: The proposal would require all Commonwealth-owned and operated vehicles over 10,000 pounds to have side guards, convex mirrors, and cross-over mirrors after January 1, 2020. This law would require all Commonwealth and municipal contractors to have these devices by January 1, 2022. Certain vehicle classifications would be exempt and the law grants the authority to the Registrar of Motor Vehicles to grant additional exemptions, in keeping with U.S. DOT standards.

·       New technology: Electric scooters and other low speed mobility devices, such as electric bicycles, currently lack a specific vehicle classification. The proposal treats these new technology items the same as bicycles according to existing Mass General Law. For example, these operators, like bicyclists would need to wear a helmet if under the age of 16, would be required to yield to people walking and provide an audible signal when passing, and could not block vehicular or pedestrian traffic when parked. In addition, the law would require MassDOT to establish a micro-mobility advisory working group to propose future changes for safe adoption of emerging and undefined low speed mobility devices.

The proposals to increase road safety being made by the Baker-Polito Administration stem, in part, from discussions with members of the Massachusetts Legislature, strategies outlined in the 2018 Massachusetts Strategic Highway Safety Plan and input from key stakeholders like The Massachusetts Vision Zero Coalition and various law enforcement professionals.

AG HEALEY FILES LEGISLATION TO PROTECT MASSACHUSETTS RESIDENTS

AG HEALEY FILES LEGISLATION TO PROTECT MASSACHUSETTS RESIDENTS

Bills Filed Protect Victims, Ratepayers, Workers, and the Environment

           

BOSTON – Attorney General Maura Healey today announced several initial bills filed for the 2019-2020 session.

The first of many of bills that AG Healey plans to file or support this session include legislation to combat human trafficking by regulating bodyworks practices, ban the competitive electric supply market for residential customers, improve the AG’s ability to address violations of wage and hour laws, allow continued use of statewide grand juries, ensure the confidentiality of sensitive victim information, and protect bees and other pollinators from dangerous insecticides.

In addition to this initial set of bills, the AG’s Office plans to work with the Legislature in the coming months on various other priorities including increasing funding across public school districts, prosecuting illegal gun dealers, expanding violence prevention education to students, ensuring access to reproductive health care, combating wage theft, and protecting students and consumers from unfair practices. 

“My office works every day to protect all Massachusetts residents,” said AG Healey “These bills will strengthen our ongoing work and improve the lives of people across the state.”

The bills filed last week, which are sponsored and supported by various legislators, District Attorneys, law enforcement organizations, and advocates, are as follows:

• An Act Regulating Bodyworks

·         An Act Relative to Protecting Residential Electric Customers

·         An Act Relative to Enhanced Enforcement of Civil Penalties

·         An Act Relative to Statewide Grand Juries

·         An Act to Protect the Privacy of Crime Victims

·         An Act Protecting Massachusetts Pollinators

[SD 1840], An Act Regulating Bodyworks

Sponsored by: Senator Mark Montigny (D-New Bedford)

An Act Regulating Bodyworks creates a regulatory structure for bodyworks practices to prevent criminals from using these currently unregulated businesses as fronts for human trafficking. Over the past two years, the AG’s Office has pursued indictments in connection with five separate criminal enterprises involving 10 individuals who set up illicit massage or bodyworks establishments where they trafficked victims for sex. This legislation will close a loophole that exempts these businesses from state oversight by adding bodyworkers, bodywork therapy, bodywork facilities and schools to the current state licensing structure overseen by the Division of Professional Licensure. The bill also restructures the current oversight board to include membership from the bodyworks industry as well as a law enforcement representative who focuses on human trafficking. 

[HD 1204/SD 880], An Act Relative to Protecting Residential Electric Customers

Sponsored by: Representative Frank Moran (D-Lawrence) and Senator James Welch (D-West Springfield)

An Act Relative to Protecting Residential Electric Customers would ban new competitive electric supply contracts for residential customers beginning in 2020. In March 2018, the AG’s Office released a report that found that Massachusetts residential consumers paid competitive electric suppliers $176.8 million more than they would have paid for electricity from their utility between July 2015 and June 2017. A third year of data shows residential customers lost another $76.2 million, for a three-year total of $253 million. The report also found that low-income consumers are disproportionately affected. In October, AG Healey sued competitive electricity supplier Starion Energy for allegedly using unfair and deceptive marketing and sales tactics to lure more than 130,000 Massachusetts consumers into expensive contracts with high electricity rates, overcharging consumers by $30 million. To prevent further harm, this bill bans new competitive supply contracts in the residential retail market.

[SD 809], An Act Relative to Enhanced Enforcement of Civil Penalties

Sponsored by: Senator Sal DiDomenico (D-Everett)

An Act Relative to Enhanced Enforcement of Civil Penalties allows the AG’s Fair Labor Division to better address violations of our state wage and hour laws—including those requiring payment of wages, minimum wage and overtime—by filing civil cases in Superior Court. Today, workers have a legal right to go to court to address violations of wage and hour laws, and this proposal gives the AG’s Office that same right.

[HD 2641/SD 783], An Act Relative to Statewide Grand Juries

Sponsored by: Representative Paul Tucker (D-Salem) and Senator William Brownsberger (D-Belmont)

The AG’s Office uses the statewide grand jury to present evidence and witnesses in one location, to one grand jury and with one supervising judge. The availability of a statewide grand jury is particularly important when crimes are alleged to have been committed in multiple counties and/or an investigation crosses county lines. The AG’s Office has used statewide grand juries to prosecute human trafficking, drug trafficking, theft rings, computer crimes, complex white-collar crimes, and environmental crimes. The AG’s use of the statewide grand jury will expire on December 31, 2020, so this legislation would make the statewide grand jury a permanent resource for the office. 

[HD 3377/SD 1418], An Act to Protect the Privacy of Crime Victims

Sponsored by: Representative Chynah Tyler (D-Boston) and Senator Cynthia Creem (D-Newton)

This bill would statutorily protect the confidentiality of information contained in a crime victim’s compensation application. These applications routinely contain considerable private information that the victim and the victim’s advocate want to keep confidential. For example, applications may include the victim’s home or work address and telephone numbers, names and addresses of the victim’s family and friends, medical history, behavior health history and doctor information.

[HD 3339], An Act Protecting Massachusetts Pollinators

Sponsored by: Representative Carolyn Dykema (D-Holliston)

In an effort to address the declining health and numbers of honeybees, wild bees and other pollinators in Massachusetts, AG Healey is cosponsoring An Act Protecting Massachusetts Pollinators. Neonicotinoids have become the most widely used insecticide and are considered systemic pesticides, meaning once sprayed or coated on plant seeds, the chemical is taken up into plant tissue and can remain in plants and soil long after application. Recent studies show that neonicotinoids can devastate both managed and wild populations of pollinators. This bill restricts sale of neonicotinoid pesticide products to certified commercial applicators, private applicators, or licensed applicators and incorporates violations into the current penalty framework. The bill also directs the Department of Agriculture to include pollinator protection in the licensing and evaluation materials for applicators.

In the last legislative session, 2017-2018, AG Healey successfully advocated for several important measures that were passed into law including sweeping criminal justice reform, automatic voter registration, protections for victims of security breaches, limitations on the ability of drug manufactures to use discount coupons for opioids and the creation of extreme risk protection orders for individuals at risk of harming themselves or others. She also successfully increased the fine corporations must pay if convicted of manslaughter. AG Healey supported legislation to better protect pregnant workers, ensure adequate contraceptive coverage and access to confidential healthcare, and to repeal outdated and unconstitutional restricted access to contraception and abortion services.