The Winchendon Courier
Serving the community since 1878 ~ A By Light Unseen Media publication
Week of March 25 to April 1, 2021

Senate Passes COVID-19 Emergency Paid Sick Leave

Comprehensive bill also includes updates to Unemployment Insurance and Paycheck Protection Program loans, extends tax filing deadline

(BOSTON–03/19/21) Ten weeks after Senate President Karen E. Spilka promised swift action on COVID-19 Emergency Paid Sick Leave, the Massachusetts State Senate passed a comprehensive bill that would guarantee five paid days off for every employee in the Commonwealth. The bill also seeks to stabilize the state's Unemployment Insurance (UI) trust fund, provides substantial tax relief to businesses and workers, and delays the state tax filing deadline.

"In January, I declared that we must act quickly to provide our workers with COVID-19 Emergency Paid Sick Leave, and today the Senate has delivered on that promise," stated Senate President Karen E. Spilka (D-Ashland). "I am proud of the collaboration that brought about this agreement, which will provide needed relief for both businesses and workers. I am grateful to Senators Rodrigues, Lewis, Lesser and Jehlen for their contributions to this legislative package, and I am also thankful for our partners in the House, especially Speaker Mariano and Chair Michlewitz, for their willingness to work quickly to get this done. As we continue to recover from the COVID-19 emergency, these measures will provide stability to our economy, and keep workers safe."

"The past year has been extremely difficult for so many including our small businesses. As we work together these are important steps on the recovery road, commented Senator Anne Gobi (D-Spencer), a member of the Senate Committee on Ways & Means. "There will be more opportunities to assist and I look forward to even more good news for people."

To help protect employees on the front lines, and prevent the further spread of COVID-19, this bill ensures that all workers in Massachusetts have access to paid leave if they are unable to work as a result of a COVID-19 infection or a quarantine order. Significantly, given the state's push to increase vaccination rates, employees will be able to use this paid leave time to take time off to receive the vaccine. In addition, the legislation provides for leave if the worker needs time to care for a family member unable to work because of COVID.

Under this legislation, employees are eligible for up to five days of paid leave, at their regular rate of pay, capped at $850 per week—which is the same maximum weekly benefit provided for in the Massachusetts Paid Family Medical Leave (PFML) law. Employers covered by federal legislation providing for paid leave will have the cost of providing such leave paid for through the federal tax credit. For all other employers, the bill creates a $75 million COVID-19 Emergency Paid Sick Leave Fund to reimburse eligible employers for providing their employees with emergency paid sick leave. The state requirement for paid leave would extend until September 30, 2021 or until the fund is exhausted.

The COVID-19 public health crisis has created a surge of pandemic-related unemployment claims, which has depleted the Commonwealth's unemployment trust fund, necessitating borrowing from the federal government to pay out those benefits. The bill therefore authorizes up to $7 billion worth of borrowing to replenish the UI trust fund and to repay all federal UI loans, funded by an employer charge, and creates a separate time-limited employer assessment to repay interest on federal UI loans by their due dates to ensure the solvency of the UI trust fund.

The Senate accepted an amendment from Senator Patricia D. Jehlen (D-Somerville) to establish a commission on the solvency of the UI trust fund to pursue long-term solutions for solvency. The commission convenes a balance of business and advocacy interests with the Chairs of the Joint Committee on Labor and Workforce to report on changes required to ensure a solvent trust fund.

"The commission on the long-term solvency of the Unemployment Insurance Trust Fund is extremely important," stated Senator Jehlen. "Massachusetts' fund is rated the fifth worst in solvency in the country. Our program solvency was less than half the federal standard which would allow us to get interest free loans, avoiding the long-term costs of both loans and bonds. Bonding our trust fund debt is necessary now to avoid short term shockingly high tax increases during a recession. But it will cost employers more over the long run. A balanced commission can help find a long term, responsible and fair way to support our unemployment system."

The bill also provides much-needed UI-related relief to businesses and employees. For businesses, the bill prevents increases in the UI rate schedule for 2021 and 2022, providing employers with needed stability and relief as the Commonwealth continues to recover. For unemployed workers, some navigating the UI system for the first time, the bill waives tax penalties on UI benefits in 2020 and 2021. It also mirrors federal tax provisions included in the recent American Rescue Plan and excludes $10,200 of unemployment compensation received by an individual with a household income of less than 200% of the federal poverty level from gross income for tax purposes, putting up to $500 into the hands of lower income unemployed individuals. This would apply to individuals making $25,760 or under, or a total income of $53,000 for a family of four.

Further relief for businesses comes in the form of a change in state tax policy regarding PPP loans. In Massachusetts, corporate excise, but not personal income tax, is tied to the current federal Internal Revenue Code. As a result, Massachusetts' tax law treats forgiven Paycheck Protection Program loans differently depending on whether the recipient small businesses is organized as a pass-through entity or a c-corp. This bill conforms to federal law and ensures that all forgiven PPP loans, advance Economic Injury Disaster Loans and payments made under the federal Small Business Debt Relief are excluded from gross income, regardless of how the business is organized.

Finally, to align state tax deadlines with federal tax deadlines, the bill extends the Commonwealth's tax filing deadline from April 15, 2021, to May 17, 2021. This tax flexibility, similar to a delay authorized last year by the Legislature, will provide stability and ensure residents have time to prepare and file taxes as the state continues to weather the impacts of the COVID-19 pandemic.

The bill now goes to the House for further action.

Massachusetts Legislature Passes Landmark Climate Legislation

(BOSTON - 03/19/2021) The Massachusetts House of Representatives and state Senate on Thursday passed nation-leading climate legislation, known as the Next Generation Climate Roadmap bill, which overhauls the state's climate laws, reduces greenhouse gas emissions, advances the clean energy industry, and prioritizes and protects environmental justice communities.

Senator Anne Gobi (D-Spencer), former chair of the Joint Committee on Energy, Envirnoment, Natural Resources, and Agriculture, had this to say on the bill's passage, "I have attended many meetings and have taken part in discussions with people and towns in the district that are searching for assistance in planning and implementing a more sustainable future. This bill provides guidance and builds on the important work that has already been done and sets out a plan for the future."

The passage of the climate bill comes after a joint commitment from Senate President Karen E. Spilka and House Speaker Ronald Mariano to quickly refile the legislation following a gubernatorial veto last session. This session Governor Baker offered amendments to the bill, which have been considered by the Legislature. Today, the House and Senate rejected efforts to slow the rate of progress toward net-zero emissions by 2050, while accepting a number of more technical amendments that improve the bill.

The final legislation:

  • Sets a statewide net-zero limit on greenhouse gas emissions by 2050 and mandates emissions limits every five years, as well as sublimits for transportation, buildings, and other sectors of the economy.
  • Codifies environmental justice provisions into Massachusetts law, defining environmental justice populations and providing new tools and protections for affected neighborhoods.
  • Establishes a municipal opt-in specialized stretch energy code which includes a definition of "net-zero building" and net-zero building performance standards.
  • Requires an additional 2,400 megawatts of offshore wind, increasing the total authorization to 5,600 megawatts in the Commonwealth.
  • Directs the Department of Public Utilities (DPU), the regulator of the state's electric and natural gas utilities, to balance priorities going forward: system safety, system security, reliability, affordability, equity, and, significantly, reductions in greenhouse gas emissions.
  • Sets appliance energy efficiency standards for a variety of common appliances including plumbing, faucets, computers, and commercial appliances.
  • Adopts several measures aimed at improving gas pipeline safety, including increased fines for safety violations, provisions related to training and certifying utility contractors, and setting interim targets for companies to reduce leak rates.
  • Requires utilities to include an explicit value for greenhouse gas reductions when they calculate the cost-effectiveness of an offering of MassSave.
  • Increases the Renewable Portfolio Standard (RPS) by 3 per cent each year from 2025–2029, resulting in 40 per cent renewable energy by 2030.
  • A national first, this legislation factors the "carbon sequestration" capacity of Massachusetts' natural and working lands directly into our emissions reduction plans.
  • Prioritizes equitable access to the state's solar programs by low-income communities.
  • Sets benchmarks for the adoption of clean energy technologies including electric vehicles, charging stations, solar technology, energy storage, heat pumps and anaerobic digestors.
  • Establishes $12 million in annual funding for the Massachusetts Clean Energy Center to create a pathway to the clean energy industry for environmental justice populations, minority-owned and women-owned businesses, and fossil fuel workers.
  • Provides solar incentives for businesses by exempting them from the net metering cap to allow them to install solar systems on their premises to help them offset their electricity use and save money.
  • Creates a first-time greenhouse gas emissions standard for municipal lighting plants that requires them to purchase 50 percent non-emitting electricity by 2030, 75 percent by 2040 and "net zero" by 2050.
The bill now returns to the Governor's desk.

Audit Reveals 68 Percent of Workers' Compensation Cases Delayed by Department of Industrial Accidents

Boston, MA (March 23, 2021) - Today, an audit released by State Auditor Suzanne M. Bump's office found the Department of Industrial Accidents (DIA), which is responsible for reviewing workers' compensation disputes, has not met required timeframes for settling cases. Bump's audit determined that during the period examined, (July 1, 2017 through June 30, 2019) 68 percent of cases processed by DIA were not completed in the mandated timeframes for initial case conference, hearing, and decision.

"The statute sets timeframes not just to hold judges accountable for the timely resolution of these disputes, but also to give attorneys, insurers, medical examiners, and all other participants a heightened sensitivity to the needs of injured workers and their employers, because delays penalize them both," Bump said of the audit. "If there are systemic reasons for delays, such as a shortage of impartial medical examiners, I urge the DIA to take whatever steps it can to resolve these issues."

The audit reviewed 10,695 claims, and found on average, that conferences between the worker's attorney, insurance company, and judge were completed 89 days past the mandated timeframe of 28 days. Hearings and case decisions were 159 and 134 days late, respectively. The audit recommends DIA implement a formal procedure to make sure these deadlines are met.

The audit also found DIA did not report attorney fees and insurer penalties to the Workers' Compensation Advisory Council (WCAC), which monitors and makes updates to the state's workers' compensation system. In its case management system, DIA listed insurer penalties of $60,430 and attorney fees of $157,694,993, but did not report this information to WCAC. The audit notes this underreporting can harm the Council's ability to accurately monitor fees and penalties paid to the Commonwealth.

Further, DIA did not have proper IT security controls over its case management system. The audit revealed the agency did not always revoke terminated employees' access rights to the system, did not ensure employees completed security awareness training, and did not have documentation of certain employee access rights. DIA also did not have a disaster recovery plan in place to ensure essential business functions continue and staff are properly trained.

Finally, the audit found no deficiencies in DIA's administration of the Opioid Alternative Treatment Pathway Program, and its employee flex time and parking benefits programs.

DIA, which serves as the state's court system for workers' compensation cases, operates within the Executive Office of Labor and Workforce Development. It is responsible for reporting fees and penalties to WCAC, and ensures employers in the state have workers' compensation insurance. The agency administers the Workers' Compensation Trust Fund and the Workers' Compensation Special Fund. In fiscal year 2019, DIA received $20 million in state appropriations.

The audit of the Department of Industrial Accidents is available here.

Parole Board Provided Inadequate Reentry Information and Delayed Risk and Needs Assessments to Parolees, Audit Shows

Boston, MA (March 24, 2021) - An audit released today by State Auditor Suzanne M. Bump revealed the Massachusetts Parole Board could not show that all parolees received necessary documents related to their reentry, including information about the terms and conditions of parole, and information about where the individual will be living upon release. Bump's audit also found the Board had not conducted required risk reassessments for some parolees within mandated timeframes. In its response, MPB indicated it would take action to address these issues.

"Making sure individuals have the information they need to be successful upon reentry, such as where to report and conditions of release, as well as assessing risks and needs along the way are critical elements of a successful parole. It's clear the Parole Board has provided expertise in assessing these individuals but was not always taking the required steps," Bump said of the audit. "The success of individuals who have been granted parole is in the best interest of the public and partially hinges on the Parole Board's diligence and oversight. I commend the Board for taking these findings seriously."

During the audit (examined July 1, 2017 through December 31, 2019), of the 60 parolee case files reviewed, MPB could not verify that 18 had the necessary information regarding reentry agreement and conditions, including an official certificate of parole, plans for housing, and extradition. As a result, these individuals may have been unaware of the terms of their parole which could lead to violations. The audit also notes that MPB did not perform required six-month risk and needs reassessments for four parolees within the mandated timeframes, with one parolee going more than 12 months without being reviewed. The Board uses these reassessments to evaluate specific medical or mental healthcare needs and potential risks to develop individual strategies.

Additionally, the audit found no deficiencies in MPB's implementation of the Smart Supervision Program, which provides enhanced supervision and treatment for parolees who have been identified as higher risk. In fiscal year 2017, the Board was awarded $738,344 in grant funding from the United States Department of Justice, Office of Justice Programs, and Bureau of Justice Assistance to help establish this program.

MPB, an agency within the Executive Office of Public Safety and Security, oversees all incarcerated individuals in the state that have been released on parole. According to its 2019 annual statistical report, MPB conducted 4,294 release hearings for incarcerated individuals. The Board has seven members, all appointed by the Governor. In fiscal year 2020, MPB received $23,627,796 in state appropriations.

The audit of the Massachusetts Parole Board is available here.