Tax breaks for truckers in new Senate toll bill

The Senate Lounge was standing room only before and during the hearing.
The Senate Lounge was standing room only before and during the hearing.

A Senate version of Governor Raimondo’s truck toll proposal, also known as Rhode Works, contains tax breaks for truckers.

The new version of the bill, sponsored by Sen. Dominick Ruggerio (D- District 4), and heard by the Finance Committee Thursday, includes $13.5 million in tax credits and rebates for truckers. They would receive tax credits on their registration fees, rebates on their gas and property taxes, as well as $3 million in grants for those who frequent TF Green Airport and Quonset Business Park.

RIDOT has also slightly reworked their funding formula for the proposal, asking for $500 million in revenue bonds, rather than $700 million. According to Director Peter Alviti, the difference would be bridged by refinancing some of the debt the Department already owes the state, which would give them another $120 million. Without that $80 million to complete the funding, Alviti said the Rhode Works program would be extended over a longer period of time, 30 years, to achieve the same goal. With this new schedule, RIDOT’s interest would increase, and they would eventually pay back $1 billion to the state. According to RIDOT, the total funding for the project would be over $4 billion.

The proposal is based on a serious need to repair Rhode Island’s bridge and road infrastructure, which is ranked 50th in the United States. During the hearing, Alviti stressed safety as one of the main reasons for Rhode Works’ existence.

“This is becoming a more frequent problem, and it will become more frequent in the days and weeks coming unless we do something now,” he said.

The program would also create 11,000 job years in the construction industry. RIDOT also anticipates $60 million each year in revenue from the proposed tolls, $38 million of which would be put towards fees owed to the state. Any other revenue from tolls would directly go towards the repair of bridges and roads. RIDOT plans to reconstruct 155 bridges using this money, as well as upkeep others that are currently in fair condition. The tolls would only charge tractor-trailers, costing them $.69 per mile in Rhode Island, while most other states in the northeast are $1 or more per mile.

“It’s understandable that there’s a certain amount of resistance to the changes we’re proposing. But it’s a fair cost,” Alviti said.

Jonathan Wormer, the director of the Office of Management and Budget, also gave testimony in support of Rhode Works, and explained how much these tolls will end up costing the trucking companies. There are 123 trucks that drive explicitly in Rhode Island all day, whose tolls would be capped at $60 for the whole day, costing the company just under $1.8 million. The 3,111 interstate trucks that come through the state would be capped at $30 per day, and cost $14.9 million. Such toll costs are only about two percent of what companies spend per year. Fuel is considerably more, at 39 percent.

These fees would be collected via EZ Pass, which many truckers that pass through the state already have. If they do not, RIDOT would also implement camera technology that would charge the owner of the license plate. Alviti stared during the hearing that they would not build any tollbooths that would hold up traffic. There are 17 possible locations that the department is looking to install these gantries.

Although most of this information has been revised from the previous bill, Christopher Maxwell, the President of the Rhode Island Trucking Association, said it’s still not ready to become law. “The debate and dialogue should continue, it should not end now. It should begin now that we have all the information,” he told Senate Finance members.

Maxwell believes that directly tolling tractor-trailers will violate the commerce clause in the United States Constitution, and discourage interstate commerce. He stated that no other state is exclusively tolling trucks.

“This does clearly put interstate commerce, and these carriers that you’re not giving breaks to, at a disadvantage,” he said. So much of a disadvantage, that Maxwell added that his association could provide legal proof that such a toll would violate the commerce clause.

“We want to be part of the solution, we are not part of this bill,” he added, citing that the association does have ideas on what RIDOT should do, but did not offer an explanation of what those ideas are at the hearing.

Local truckers came to speak out against the bill as well. Frank Nardone, one truck driver, explained that he avoids tolls in almost all of his routes, and Rhode Island would be no different.

“I don’t like to pay tolls, I don’t think they’re necessary,” Nardone said. According to Nardone, tolls are not the way to make money, especially because Rhode Island truckers already have to pay $388 for the road use tax.

“I think I’m being taxed enough,” he said.

Ed Alfredi owns a trucking company based in Smithfield, and in his testimony, said that Rhode Works makes it impossible to figure out exactly how much the tolls would cost his business.

“If I was to try and sit down, and see what this was going to cost me and my company, it’s very difficult, because there’s no facts,” he said. “It’s going to have an effect, and we should be able to have an exact figure of what these tolls are, where exactly they’re going to be.”

Time is of the essence for the governor’s proposal. While those opposed want more, those in support keep pressing forward, wanting to pass the legislation as quickly as possible. If their efforts fail, Speaker of the House Nicholas Mattiello has hinted at a special fall session in order to fully consider the bill.

Senate Finance approves budget while advocacy groups respond


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Senate Finance beginning to discuss the FY16 budget
Senate Finance beginning to discuss the FY16 budget

Much like its House counterpart, the Senate Finance Committee passed the FY16 budget bill unanimously with almost no discussion other than to speak on its merits.

“I would certainly characterize this budget as one that is not only ambitious, but one that makes a significant investment in areas that should have been invested in in the past,” Chairman Daniel DaPonte (D- District 14) said to begin the meeting. He added in a press release that the budget helps to put Rhode Island back on the right track economically.

“This is a budget that Rhode Island’s economy needs and through its passage will continue the economic stability and reform that delivers the message that Rhode Island’s economy is back and open for business.”

One of the short discussion points brought up during the meeting was whether or not the budget provided opportunities for youth.

“There have been some pockets that have been filled here, but I suggest that next year we consider providing more job opportunities for youth,” Senator Juan Pichardo (D- District 2) said.

DaPonte agreed with Pichardo, but also reminded the committee that there is no one specific way to keep youth working in the state.

“I think initiatives to focus on keeping young people here and getting them up and running are incorporated in the budget in a variety of different places and a variety of different ways,” he said. “I think the sum of all these parts is a statement to us not only wanting to keep these folks here, but increase the number of opportunities available.”

The night before, the House of Representatives was very kind to the bill as well, passing it through to the Senate after a swift three-hour session. Before its passage, many took the time to thank not only House Finance Committee Chairman Raymond Gallison (D- District 69), and Speaker Nicholas Mattiello, but the House Fiscal Advisory staff as well.

Other groups outside of the State House are also pleased with the budget. Planned Parenthood, which fought against the restrictive abortion insurance coverage in Article 18, said in a press release that they are pleased with the outcome of the bill.

“While we were disappointed the governor unnecessarily chose to widely expand the number of plans that do not cover abortion beyond federal minimum standards, the action by the General Assembly today ensures employers cannot unilaterally limit reproductive health care service coverage for their employers. This amendment will require employers and insurance carriers to clearly indicate when an employer is opting out of covering certain reproductive healthcare services, so that no one will be surprised by a lack of coverage for routine procedures.”

But, while many have championed the budget as a success story, there are still those that are dissatisfied. Common Cause Rhode Island, an advocacy and lobbyist group for transparent government, has expressed discontent with the budget’s provision for Governor Raimondo’s pension settlement.

“This extraordinary legislation, that will affect every Rhode Islander – and every Rhode Island state and municipal budget – for decades, should not be rolled into the annual budget as if it were just another article,” said executive director John Marion. “The budget debate that typically occurs in a single evening and includes debates on amendments concerning dozens of issues is not the place for this important legislation. It deserves special consideration so legislators, as much as they did in the special session in 2011, can take this up on the merits alone.”

Combined reporting would close tax loophole for retail giants, big box stores


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dve sullivan tax guyRhode Island missed out on somewhere between $40 and $100 million in 2011 and 2012, according this new report. That’s because in 2011, the General Assembly rejected Gov. Chafee’s idea to implement what is known as “combined reporting” for corporate taxes and instead called for the aforementioned report.

The study found that combined reporting would have earned Rhode Islanders between $23 and $54 million in 2011 and between $21 and $44 million in 2012, depending on the accounting method used. The larger number focuses on just sales while the smaller number also factors in payroll and property. Read the overview here and watch video from last night of state Division of Taxation employees explain it the Senate Finance Committee.

Combined reporting combats the corporate practice of doing business in one state and utilizes the tax advantages of another state. The Institute for Taxation and Economic Policy called combined reporting “the most effective approach to combating corporate tax avoidance.” 23 states and the District of Columbia use combined reporting, including most New England states.

Rep. Teresa Tanzi, a progressive Democrat who represents Narragansett and South Kingstown, has sponsored legislation this year and in the past two legislative sessions that would implement combined reporting.

“The fundamental justification for combined report is a robust corporate tax that can’t be gamed by aggressive corporate tax planning while creating a level playing field between big multistate corporations and smaller, local corporations,” she said in an email to me.  “Nonetheless, I am gratified that the study confirmed that Combined Reporting would give a modest boost to revenues that could be used to help the state address its unmet needs, and we now have the numbers to show the advantage certain corporations have.”

Most local businesses would not be affected by combined reporting, according to the study. It found 28 percent were negatively affected and 6 percent experienced a tax advantage.

“Any company that has a large presence here, property and payroll, is not really affected,” state Tax Director Dave Sullivan told the Senate Finance Committee last night. “companies that do not have a big footprint here and have maybe one or two retail outlets here may actually see an adverse affect in tax increases with single sales factor. If all their property and payroll are out of state and they have a significant number of sales because they have, we use the example of big box stores here in this state…”

Massachusetts and Vermont both implemented combined reporting in the same year they lowered their overall corporate tax rate. State tax officials told the Senate Finance Committee both states improved their Tax Foundation rankings after doing so.