Carolyn Morwick: Mass. session boosts transport, higher ed

This is one of a series of reviews of  2014 New England legislative sessions by Carolyn Morwick, writing for the New England Board of Higher Education (nebhe.org).

In 2013, Massachusetts Gov. Deval Patrick was often at loggerheads with legislators on big-ticket items, including education funding and transportation. In 2014, the atmosphere was more cordial. Just prior to the close of the 2013-14 legislative session, lawmakers sent a $36.5 billion  fiscal 2015 budget to the governor.

The governor and legislators agreed on a spending plan with no new taxes, despite a limited revenue stream. They generally agreed to make investments in the state’s transportation system, restore cuts to the higher education system and reform the system that pays for human services providers.

Patrick vetoed $16 million in line items, all but one of which legislators overrode. The governor also asked lawmakers for authority to make unilateral spending cuts if necessary. But lawmakers would not go beyond the current “9C powers” that allow a governor to make cuts in the budget without the approval of the Legislature if it’s determined that state revenues are not sufficient to support spending in the budget that's been approved.

Included in the 2015 budget:

• a $34 million increase in early education and care programs, much of it targeting Income Eligible Child Care, which has a substantial wait lists for families
• $1 million for the K-1 Classroom Grant program that will fund new pre-K classrooms with an emphasis on "Gateway Cities"
• a 2.7% increase in funding for K-12 with total funding for K-12 at $155 million (still nearly $75 million below pre-recession levels)
• a 2.3% increase in Chapter 70 education aid to cities and towns or approximately $99 million
• a $70 million increase for public higher education
• $4.7 billion for MassHealth Managed Care
• $3.2 billion for MassHealth Senior Care
• $88 million for children’s mental health services
• $436 million for adult mental health services—a 4% increase over FY14
• $184 million for mental health facilities—a 5% increase over FY14
• $112 million for substance abuse and addiction services
• an increase of $125 million over FY14 for the state’s transportation system
• an increase of $3.6 million for library programs (even with the increase, funding for libraries fell by 46% because of $3 billion in tax cuts dating back to FY 2001
• a provision for a Tax Amnesty Program expected to raise $35 million
• a delay in implementing the FAS 109, a special deduction included in legislation to lower the corporate tax which was enacted in 2013. The delay postpones the loss of nearly $46 million in corporate income tax revenue.
• an increase in salary for the state’s 11 district attorneys from $148,843 to $171, 561.

Higher Education                                                                       

The FY15 budget continues reinvestment for a third year in the public higher education system. Spending for higher education is approximately $70 million above FY14, but still 21% below the FY 2001 level.

The total amount for public higher education for FY15, is $998 million including $519 million for the five campuses of the University of Massachusetts, almost $230 million for the nine state universities and $249 million for the 15 Community Colleges.

For the second year in a row, funding in the budget for UMass will allow for freezing tuition and fees. However, the same 50/50 formula designed to split the cost between state appropriations and student tuitions was not applied to the state universities and community colleges, where officials warn that student bills will go up by several hundred dollars.

The State Scholarship Program got a $3 million increase in the FY15 budget, while the High Demand Scholarship program to encourage degree completion in disciplines that are deemed to be critical shortage was level-funded at $1 million.

The budget also funds the STEM Starter Academy at $4.7 million for community colleges, $3.2 million for the Performance Management Set Aside Incentive Grant Program to allow the Department of Higher Education to continue with grants to promote operational efficiencies at community colleges, the state universities and UMass in meeting the goals of the Vision Project.

The budget establishes a Foundation Budget Review Commission to review the state’s methodology for determining school district foundation budgets. The current foundation budget was designed more than 20 years ago and is out-of-date. The budget calls for the new commission to conduct four public hearings in different parts of the state and report back to the Legislature by June 30, 2015.

Other Legislation Passed

The Legislature continued to increase funding for the state transportation system and capital improvements on the  Massachusetts Bay Transportation Authority and Regional Transit Authorities, while working to end the practice of borrowing money to pay for the MBTA.

Near the close of the session, legislation was passed which strengthened gun laws. The new law gives police chiefs the authority to turn down a resident’s request to purchase a rifle or shotgun if they have reason to believe the person may be a danger. It also makes Massachusetts part of the National Instant Background Check System to provide a rapid response about whether a person is suitable to possess a license for a gun. Another provision of the new law requires that data be collected on all guns used in crimes or that cause injuries.

In response to the Supreme Court overturning the Massachusetts “buffer zone” law for access to reproductive health clinics—and at the urging of Atty.  Gen.  Martha Coakley—lawmakers passed legislation giving public safety officials the power to clear access to the clinics. The prior law provided a 35-foot buffer zone, which the court rejected; the new law restricts protesters to 25 feet.

An Act Establishing the Childhood Vaccine Program

Creates a stable financing framework enabling Massachusetts to guarantee that all children up to age 18 receive all the vaccines recommended by the national Advisory Committee on Immunization Practices. The legislation will allow access to all recommended vaccines for children and fund the Massachusetts Immunization Registry, which assists providers in keeping immunizations up-to-date.

An Act Restoring the Minimum Wage and Providing Unemployment Insurance Reforms

Gradually raises the minimum wage to $11 over three years, lowers unemployment insurance (UI) costs for employers across the state, strengthens safety protections for workers and makes permanent the multi-agency task force charged with combating the underground economy where tens of thousands of workers, many of them undocumented, are paid under the table, thereby avoiding payment of taxes.

An Act Establishing a Domestic Workers Bill of Rights

Extends basic work standards and labor protections to approximately 67,000 nannies, housekeepers, caregivers and other home workers in the Commonwealth.

An Act to Promote Economic Growth in the Commonwealth of Massachusetts

Provides for increased job growth and economic stability by investing in advanced manufacturing, IT workforce training and “Big Data” innovation. It will provide $15 million for a Gateway Cities Transformative Development Fund for economic revitalization and $10 million is slated for the reuse of brownfields in economically distressed areas. The legislation creates an advisory council to boost the financial services industry in Massachusetts.

An Act Relative to the Broadband Institute

Allows the Massachusetts Broadband Institute to use a $50 million bond for expanding broadband infrastructure.

An Act Relative to the Expansion of the Boston Convention and Exhibition Center

Approves borrowing $1.1 billion to accommodate a 1.3 million square foot addition to the center, which would allow Boston to be host to larger conventions.

An Act to Foster Economic Independence

Provides a pathway for low-income families to become self-sufficient, especially those who are receiving “cash assistance.” The pathway will include job readiness, the development of life skills and English-as-a-second language. Over $15 million in aggregate funding improvements to the Department of Transitional Assistance for additional caseworkers and the Department of Higher Education for program evaluations and scholarships. Additional legislation introduces a “full employment program” and more effectively identifies welfare fraud as part of a companion bill.

Carolyn Morwick handles government and community relations at the New England Board of Higher Education and is former director of the Caucus of New England State Legislatures.

Carolyn Morwick: In Conn., 'Step Up', passing/repealing Keno

  This is one of a series on this year's New England legislative sessions as prepared by Carolyn Morwick for the New England Board of Higher Education (nebhe.org).

In the second session of the biennium, Connecticut legislators approved a $19 billion budget for  fiscal 2015 that increases spending by 2.5%.

Toward the end of the session, revised revenue forecasts forced lawmakers to scale back in a number of areas. Gov. Dannel Malloy’s promise to provide Connecticut taxpayers with a $55 rebate was put on hold as projections for declining revenues came into focus. Also, plans were put off for a year to give retired teachers an income-tax break as were cuts to the sales tax on clothing and nonprescription medications.

After passing Keno in the previous session,  members of the General Assembly repealed it in the second session. Nonpartisan fiscal analysts forecast a shortfall of $1.4 billion for  fiscal 2015. Questions remain about how to address a looming budget shortfall without increasing taxes. Administration officials maintain that outstanding tax receipts will materialize to reduce the shortfall, while Republican lawmakers question the wisdom of relying on those who have yet to pay their taxes

The budget includes:

$70 million in grants to Connecticut municipalities. $50 million in additional funding for Educational Cost Sharing. $21 million for PILOT (payments in lieu of taxes) to cities, towns with private colleges, hospitals and state-owned land. $42 million in operational funding for Connecticut State Universities and Colleges. $10 million to improve remedial education. $83.5 million in bond funding as part of the Transform CSCU initiative. $9.4 million to enroll 3– and 4-year olds of low-income families in preschool. $13.5 million increase in funding for magnet schools. $12 million for past-due state and real estate conveyance tax revenues to cities and towns. $10 million in additional funding for certain outpatient mental-health services. $3 million to $4 million for mental-health services to children and adults on Medicaid. Session Highlights

Lawmakers raised the minimum wage: rising from $8.70 per hour to $9.15 in January 2015, then up $9.60 in 2016 and to $10.10 in 2017. Three other New England states have taken similar action. Massachusetts will raise the minimum wage to $11 by Jan. 1, 2017, the highest in the nation. Rhode Island increased the minimum wage to $9 beginning in January 2015. Over the next four years, the minimum wage in Vermont will increase to $10.50 in January 2018.

Building on the success of the Subsidized Training and Employment Program ('Step Up''), Connecticut lawmakers provided an additional $10 million to help small businesses hire more employees.

Lawmakers also created a “new apprentice” grant program under Step Up, which provides grants to small businesses and manufacturers to hire high school and college students.

In exchange for $400 million in tax relief, United Technologies Corp. (UTC) will invest $500 million at several of its locations, including: a new world headquarters and engineering facility in East Hartford; renovated, refurbished lab and office space in UTC’s Research Center in East Hartford; a new customer training center and engineering lab at the UTC Aerospace Systems facility in Windsor Locks; and upgrades to the engineering lab and other facilities at Sikorsky Aircraft in Stratford. Malloy suggested  that the deal will preserve an engineering knowledge base essential not only to UTC, but also to thousands of small subcontractors and suppliers.

Lawmakers enacted new consumer-protection initiatives that will make electric rates, customer accounts and billing more transparent. Suppliers will be prohibited from raising rates for the first three billing cycles of new supplier contracts entered into on or after July 1, 2014. The law requires electric suppliers to notify residential customers in advance of certain rate changes and prohibits them from charging early termination fees to residents who move within the state and do not change suppliers or residents who lack a contract with a supplier and receive month-to-month variable rates.

The legislature also prohibited hydraulic fracturing waste in Connecticut until the Connecticut Department of Energy and Environmental Protection adopts regulations to control it as a hazardous waste and imposes certain licensing and disclosure requirements.

Legislators restored the Earned Income Tax Credit to 27.5% for 2015, up from the 25% it had been lowered to in the 2013 session.

Higher Ed Legislation Enacted

An Act Making Adjustments to State Expenditures and Revenues for the Fiscal Year Ending June 30, 2015, (Sections 50-57)

In 2011, when Malloy and state legislators were confronted with an unprecedented deficit, funding for the Connecticut State Colleges and Universities was cut by 15%.

In  fiscal 2015, as part of Malloy’s Transform CSCU initiative, state lawmakers approved $42 million in new funding in the state budget, including: $24 million in new operating funds and tuition support; $1 million for Early College Program; $10.8 million for developmental education; and $6 million for Malloy's ''Go Back to Get Ahead,''  intended to encourage individuals who dropped out of a higher-education degree program to return and earn a degree. Eligible participants may receive up to three free three-credit courses required to complete an associate or bachelor’s degree program. To be eligible, the student must be a Connecticut resident, previously enrolled in an associate or bachelor’s degree program at any public or private college or university, left before completing the degree program, not attended any college or university for at least 18 months as a June 30, 2014, and enrolled in an associate or bachelor’s degree program by Sept. 30, 2016 at a Connecticut State University, Connecticut Community College or Charter Oak State College.

An Act Implementing Provisions of the State Budget for the Fiscal Year Ending June 30, 2015, (Section 68)

Requires the Connecticut Board of Regents (BoR) to report to the General Assembly and submit monthly reports on developmental education, Go Back to Get Ahead, early college/dual enrollment programs and Transform CSCU 2020. Allows the Department of Education, BOR and UConn to consult with the Connecticut Department of Banking to institute a program of financial literacy for students in high school and higher education institutions.

An Act Authorizing and Adjusting Bonds of the State for Capital Improvements, Transportation and Other Purposes, and Concerning Miscellaneous Programs, including the Smart Start Program, the Water Improvement System Program, School Security Grants, the Regenerative Medicine Research Fund, the Connecticut Manufacturing Innovation Fund and the BOR for Higher Education Infrastructure Act.

Changes the name of the Connecticut State University System (CSUS) 2020 program to the Connecticut State Colleges and Universities (CSCU) 2020 program to include Connecticut Community Colleges and Charter Oak State College. Adds $83.5 million in new funding and $20 million in reauthorization of community college bonds for the system. Requires the BOR to report to the General Assembly’s Finance and Higher Education Committees the details of allocating the funds in a timely fashion.

An Act Concerning the English Language Learner Educator Incentive Program

Redesigns a loan-reimbursement program for teachers that is administered by the Office of Higher Education (OHE) as an incentive grant and loan program for college and university students studying to be teachers of English language learners.

An Act Establishing Uniform State Academic Degree Standards

Requires the University of Connecticut Board of Trustees to follow certain statutory requirements concerning standards set by the OHE when approving academic programs. Also eliminates the BOR authority to impose penalties on public institutions for violating program approval and licensure and accreditation requirements.

An Act Implementing the Recommendations of the Legislative Program Review and Investigations Committee on the Reemployment of Older Workers as They Relate to the Labor Department.

Requires the BOR to explore expansion of the advanced manufacturing center model to create centers of excellence in other career areas. Requires institutions to implement the Plus 50 initiative (based on national American Association of Community Colleges project to assess innovative college programs that engage workers ages 50 or older). By Jan. 1, 2015, the BOR must establish consistent parameters for noncredit vocational courses and programs recognized by each institution. Makes information available about financial aid.

An Act Concerning Sexual Assault, Stalking and Intimate Partner Violence on Campus, as amended by Sec. 163 of HB 5597 PA 14-217)

Expands the scope of the law requiring public and independent higher education institutions to adopt and disclose one or more policies on sexual assault and intimate partner violence and offer sexual assault and intimate partner violence primary prevention and awareness programming and campaigns. Specifically, the act applies to stalking and all institutions' employees and requires for-profit institutions licensed to operate in Connecticut to comply with these requirements. It also requires all public, independent, and for-profit institutions to immediately provide concise written notification to each victim regarding his or her rights and options under the institution's policies after a reported incident, and allows all institutions to permit anonymous reporting.

Requires all higher-education institutions to report annually to the Higher Education Committee concerning their policies, prevention and awareness programming and campaigns, and the number of incidents and disciplinary cases involving sexual assault, stalking and intimate partner violence. It also requires institutions to include information about stalking and family violence in their annual uniform campus crime reports.

All higher-education institutions must establish a campus resource team to review their policies and recommend protocols for providing support and services to students and employees who report being victims. The act establishes: 1) membership and education requirements for the team; 2) education requirements for the institution's Title IX coordinator and special police force, campus police force or campus safety personnel; and 3) training requirements for members of the state or local police who respond to campus incidents.

Requires all higher-education institutions to enter into a memorandum of understanding (MOU) with at least one community-based sexual assault crisis service center and one community-based domestic violence agency. The MOU must establish a partnership with the service center and agency and ensure that victims can access free and confidential counseling and advocacy services, either on or off campus.

Exempts Charter Oak State College from several of this act's requirements.

An Act Conforming Higher-Education Purchasing Statutes with Department of Administrative Services Purchasing Statutes and Practice.

Allows the president of an institution to join with federal agencies, other states, Connecticut political subdivisions or private or nonprofit organizations in cooperative purchasing plans when it is in the state’s best interests to do so.

An Act Concerning Revisions to the Higher-Education Statutes and Military Occupational Licensing Data.

Amends a law requiring various governmental licensing authorities to certify, waive, grant or award licenses, registrations, examinations, training or credit to veterans or armed forces or National Guard members with military experience or qualifications similar to those otherwise required. It limits the circumstances under which licensing authorities must inquire about applicants' service member status and information authorities must annually report to the Department of Labor (DOL) and the Veterans' Affairs Committee.

Requires the BOR and the UConn Board of Trustees to submit separate reports containing information that differs from the other licensing authorities' and extends their first annual reporting deadline.

Changes reporting requirements for the Planning Commission for Higher Education, which by law must develop and ensure implementation of a strategic master plan for higher education in the state.

An Act Concerning the Findings of the Military Occupational Specialty Task Force as mended by House Bill 5028—An Act Concerning Revisions to the Higher Education Statutes and Military Occupational Licensing Data.

Section 11 requires higher education institutions to award college credit for military occupational specialty training to service members enrolled at the institution. The applicant must have experience in a military occupation recognized as substituting or meeting requirements of a course of study.

By July 1, 2016, the BOR must develop and adopt guidelines for awarding college credit for a student’s military training, coursework and education which must include course-equivalency recommendations adopted by the American Council on Education and other institutions deemed reputable by the BOR and the University of Connecticut Board.

An Act Concerning a Plan for Participation in a State Authorization Reciprocity Agreement Regarding Distance Learning Programs

Requires OHE to report to the Higher Education and Cultural Affairs Committee in January 2015 with a plan to enter into a multistate or regional reciprocity agreement that will allow for participation by the state and Connecticut institutions of higher education in a nationwide state authorization reciprocity agreement establishing uniform standards for distance-learning programs across states and eliminating the need for a participating state to assess the quality of a distance-learning program offered by an out-of-state institution of higher education through such the participating state’s traditional authorization licensing and accreditation process.

K-12 Legislation Enacted

An Act Establishing the Office of Early Childhood, Expanding Opportunities for Early Childhood Education and Concerning Dyslexia and Special Education

Creates the Office of Early Childhood (OEC) as the lead agency for the early care and education of young children. OEC will be responsible for administering early childhood programs previously administered by departments of Education, Social Services and Public Health. Also requires that all teacher-preparation programs that lead to teacher certification include instruction on detection and recognition of and evidence-based interventions for students with dyslexia.

An Act Establishing the Connecticut Smart Start Program

Creates the Connecticut Smart Start competitive grant program to be administered by the OEC with assistance from the Department of Education to reimburse boards of education with capital and operating grants to establish or expand a preschool program.

An Act Concerning a Plan for Career Readiness and Manufacturing Apprenticeship Preparation Programs at the Technical High Schools.

Requires the technical high school system to collaborate with the departments of Labor and Education and the BOR to develop a plan that would use technical high school manufacturing centers during off-hours for career readiness programs and DOL-approved apprenticeship training.

An Act Concerning the Recommendations of the Uniform Regional School Calendar Task Force, Licensure Exemptions for Certain After-School Programs and Expanding Opportunities Under the Subsidized Training and Employment Program.

Creates “new apprentice” grant program under the Step Up to provide grants for small businesses and manufacturers to hire high school and college students. A “new apprentice” is defined as a student in a public or private high school, preparatory school or higher education institution.

Click here for public higher education summary of the 2014 Connecticut Legislative Session and here for a private higher education summary of the session.

Carolyn Morwick handles government and community relations at the New England Board of Higher Education and is former director of the Caucus of New England State Legislatures.

Carolyn Morwick : Vermont's Food Fight Fund, etc.

  The New England Board of Higher Education (nebhe.org), on whose editorial advisory board I used to serve, does a very useful review of legislative action in the New England states.  Here's the first of the six we will run, with many thanks to NEBHE -- Robert Whitcomb

Vermont lawmakers  in their session this year passed a $5.5 billion budget along with $5.5 million in new taxes.

Property taxes were raised 5%. Spending overall increased by 4.1% over the prior year. The budget included a 1.6% increase in reimbursement rates for health care providers who accept Medicaid payments, which will cost $2.6 million. Lawmakers also increased the cigarette tax by 13 cents.

The budget includes:

$3.5 million from supplemental property tax relief fund to pay for educational data initiatives. $4.5 million to the Enterprise Incentive Fund to retain jobs in Vermont. $500,000 for Vermont Economic Development Authority for entrepreneurial lending program. $2.2 million for raises for newly unionized home health care providers. $1.5 million for working land investments. $19 million total for Vermont Student Assistance Corporation (VSAC)—a 1% increase. 1% increase for Vermont State Colleges. The backbone of Vermont’s heritage and economic viability is the “working landscape” consisting of agriculture, food system, forestry, and forest product-based businesses. About 20% of Vermont’s land is used for agricultural purposes and 75% as forestry. In 2012, the Legislature passed the Working Lands Enterprise initiative for the management and investment of $1 million into agricultural and forestry-based business.

Session Highlights

With the support of Gov. Peter Shumlin, lawmakers raised Vermont’s minimum wage from $8.73 an hour, which is nearly a dollar above the federal minimum, to $9.60 in 2016, $10 in 2017 and $10.50 in 2018. Beginning in 2019, the minimum wage will be indexed to inflation.

Lawmakers also passed a comprehensive economic development bill, providing support for start up, expansion and retention of high tech companies that offer good wages in Vermont. It creates the Vermont Strong Scholars and Internship Program to assist families with access to a college education and adds $500 million to the Vermont Entrepreneurial Lending Program, which already has $1 million in federal funding.

In the area of genetically modified organisms (GMO), legislators passed a law requiring that food produced totally or partially produced from genetic engineering be labeled as such. The Vermont General Assembly established The Vermont Food Fight Fund to be used for implementing the requirements of the law. Private donations will be accepted for the fund, which will help Vermont establish its labeling law and address anticipated legal challenges. The attorney general shall report to the General Assembly in January 2015 regarding whether milk products will be subject to a labeling requirement of the law.

Lawmakers also passed a comprehensive package of bills aimed at curbing addictive drugs. The bills include implementing standards for doctors to consult the Vermont Prescription Monitoring System to ensure patients are not “doctor-shopping”—obtaining controlled substances from multiple health care practitioners without the prescribers’ knowledge of the other prescriptions.

The legislation also creates a pilot program for wider distribution of a drug that reverses opioid overdoses. The law also:

Implements participation in a national database to track the sales of non-prescription, over-the-counter chemicals used in the manufacture of methamphetamines (this real-time monitoring can prevent the excessive sales of those chemicals to a purchaser). Establishes an unused drug disposal protocol so unused prescription medications don’t fall into the wrong hands.

  Creates an outreach program through the Department of Public Safety to educate pawnshop owners and precious metal dealers about laws dealing with the purchase and sale of precious metals that might have been stolen in drug-related robberies. Vermont banned the use of hand-held cell phones while driving, beginning Oct 1, 2014. Under the final bill, first violation for driving while using a hand-held device carries a fine up to $200, with steeper fines and points assessed against a driver’s license for subsequent offenses.ands-free use is permitted under the law. The penalty for texting while driving carries a fine and two points against a driver’s license. Accumulation of 10 or more points in a two-year period results in automatic license suspension.

Efforts to consolidate school districts failed despite efforts by members of the House and Senate Education committees. House bill 883 would have reduced the number of school districts from 270 to 50 over a six-year period. (Vermont has the smallest number of students per school district in the U.S. The average school district has 313 students, according to a report made to the legislature in 2009.) The Senate Education and Finance committees’ proposal for consolidation included a package of incentives for school districts to voluntarily merge. Lawmakers chose in the end to pass House Bill 876, which includes a process to develop a statewide hearing on the issue of school district consolidation.

Higher Education Legislation Enacted

Vermont Strong Scholars and Internship Program

The Vermont Strong Scholars and Internship Program is part of a larger economic development bill. It establishes a scholarship program, which provides for high school graduates to attend up to two years of college for free. The law forgives a portion of student loans for eligible students issued by VSAC. The loan- forgiveness program is open to Vermont residents enrolled in a qualifying postsecondary institution on or after July 1, 2015. It also provides for a loan forgiveness program to those graduates who stay in the state and work in key sectors of the economy.

State Authorization Reciprocity Agreement

Vermont state budget amendments allow the state to enter into interstate reciprocity agreements for purposes of authorizing online postsecondary programs. The secretary of the Agency of Education or another appropriate Vermont agency will address any complaints relative to Vermont institutions participating in a recognized interstate reciprocity agreement.

K- 12 Legislation Enacted

An Act Relating to Providing Access to Publicly Funded Pre-K Education

Provides that pre-K education will be extended to all school districts in Vermont. Over 80% of school districts in the state already offer some pre-K programs. The new law will require school districts to offer at least 10 hours of instruction for 35 weeks to any preschool-aged child. The state will reimburse districts of qualified pre-K programs offered by private or public providers.

Carolyn Morwick handles government and community relations at the New England Board of Higher Education (nebhe.org) and is former director of the Caucus of New England State Legislatures.