The MA Legislature, like a procrastinating student with an assignment due, has kicked into gear for the final weeks of session. The House and Senate both have bills in play that will impact small businesses. NFIB sent letters to the House and Senate on bills regarding the environment/energy, plastics, and a so-called economic development.
Plastics Bill:
The Senate passed a bill banning the use of plastic bags in Massachusetts and would require the use of reusable and paper. Additionally, it will:
- Demand customers pay a 10-cent fee for bags, 5 cents to the retailer, 5 cents remitted to the state.
- Make utensils, condiments, cups, trays, napkins etc. by customer request only.
- Create a commission to study the use of polystyrene.
- Ban the use of black plastics.
- Create a commission on extended product responsibility for items like paint, mattresses, etc.
There is a small business exemption from the 10-cent bag fee if certain criteria are met:
- Operate at least 1 location; and
- Less than 4,000 sq ft of retail space; and
- Have fewer than 10 employees; and
- Provide less than 10,000 bags annually.
Environment/Energy Bill:
The Senate took up an energy bill providing more power to the Department of Public Utilities on allowing natural gas hook ups for residents and businesses. This will drive up energy costs as the state rushes to fully electrify. It also allows for an expansion of the existing natural gas ban pilot program from 10 communities to 15.
Additionally, the Senate snuck a provision into the bill that will expand the state bottle law to other types of drink containers and raise the redemption cost from 5 cents to 10 cents.
Economic Development Bill
The House put forward a so-called economic development bill that focused on clean energy and tech jobs, while managing to hurt many non-union small businesses.
The bill included language, and a further amendment was adopted with only two Representatives voting no, on a provision that allows municipalities to require project labor agreements for local projects. That would mean to bid on a construction project, a small business would essentially have to be a union shop. Not only will this drive the cost of projects up, but it will also prevent smaller employers from bidding on jobs because their workforce opts to be non-union. This is both unfair and uncompetitive, with data showing more than 80% of shops in Massachusetts are non-union. Unions push for project labor agreements | News | salemnews.com
The Senate followed suit adopting identical language in their economic development package jamming this provision into a consolidated amendment with other subject matter and taking a voice vote.
These economic development bills do very little to assist smaller businesses and unfortunately do more harm with provisions like municipal project labor agreements.
Boston Property Tax Shift
Additionally, NFIB submitted testimony in opposition to a bill before the Joint Committee on Revenue that would allow the city of Boston to shift more of its tax burden on commercial and industrial properties. In order to find revenue to feed an exploding city budget, Mayor Wu called for increased proportion of taxes from commercial and industrial properties. This would result in higher operating costs for small businesses occupying those spaces, expenses that will be passed along to consumers. This proposal needed state legislative approval before it could advance because it goes beyond the allowed tax split rates. This bill is not only bad for small businesses in Boston, but it also sets a dangerous precedent for the rest of the state.
