PVD City Council extends tax break for Valley St. development


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risingsunmillsThe Providence City Council extended a tax break for the developers of a mixed use project on Valley Street because an anchor tenant relocated to Johnston.

“Do we really need another vacant or foreclosed property in our city,” said Council President Luis Aponte, who voted for the so-called tax stabilization agreement, after the meeting. He said the developers could have attained an administrative TSA for a smaller redevelopment had the council not awarded the tax break and that the city negotiated a good deal for residents by working with the developers.

Councilor Carmen Castillo was the only member of the elected board to vote against the TSA.

“We’re not a bank,” she said. “The neighborhood I represent never gets a tax break. We pay a lot in property taxes too.”

Councilor Sabina Matos said she supported the TSA because the council approved TSAs for downtown businesses so it was only fair that it do so for businesses in her district too. “We set a precedent,” she said. “We can’t give them to some developers and not others.”

Abacus Technology paid $1.8 million annually to rent 100,000 square feet of space in the Rising Sun Mills development on Valley Street but the company has decided to move to Johnston, said the developers.

“There’s no benefit to having Rising Sun Mills go dark,” said BJ Dupre, one of the developers, after the favorable decision from the Council. When asked if that would have happened if they didn’t get the tax break, another of the developers, Mark Van Noppen said it was a “distinct possibility.”

Aponte said the developers plan to reconfigure the commercial space into smaller offices. He said the TSA is void if they don’t pull all the requisite permits in 180 days.

“It’s hard to tell,” Aponte said when asked how much money the city budget would lose by extending the TSA to the Rising Sun Mills project. But, he added, “They are paying more than if they would have got a 5 year extension” as a result of the negotiations with city officials.

With little notice, PVD City Council voting on controversial TSA Tuesday


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The Providence City Council has called a special meeting for Tuesday night and among the agenda items is tax stabilization agreements (TSAs) for 60 Valley Street, LLC and 166 Valley Street, LLC on behalf of the Rising Sun Mills Project. The ordinance is sponsored by Council President Luis Aponte. The details of the TSA can be found here.

The City Council unanimously rejected a similar TSA, for 100 Fountain St, in February, under intense public pressure. Aponte then said, given the city’s precarious economic situation, “It’s the right signal that the [Finance] Committee is sending to the public and to the [City] Council.”

The TSA being considered by the council notes that the “projects been suffered serious financial setbacks and hardships as a result of the collapse of the real estate and financial markets over the past several years” and hence a five year extension of TSAs granted in 2003 and 2006 is needed. In return, “the Project Owners of 166 Valley Street will make an additional investment of approximately $5 million which shall be used to convert approximately 85,000 square feet of the building from a single tenant space to multiple commercial spaces. This will assist in the Project Owners in attracting new tenants to the Project and will create new construction and potential permanent jobs at the Project Site.”

TSAs

The amount of revenue Providence will lose in this deal is unclear.

Stop Tax Evasion in Providence (STEP) released a press release Monday claiming that that the Providence City Council leadership is failing taxpayers.

“You would think that the Council would be in no rush to go handing out more of these questionable extensions to projects that have already been paying very little taxes for 15 years, but you would be wrong,” says the STEP press release. “While the… promise of new spending and jobs from Rising Sun Mill owners would seem welcome, there are absolutely no safeguards to ensure they will invest what they say. Thus the city can be certain of neither jobs nor permitting revenue.”

The special city council meeting was announced on Friday, July 29, as big news stories broke, such as Representative John Carnevale deciding not to appeal the Providence Board of Canvassers decision that ended his re-election campaign and Attorney General Peter Kilmartin announcing the non-results of his 38 Studios investigation. Technically, the City Council went on break for August and was not due to reconvene until September 1.

As a result, this important meeting was almost missed.

The city council will also be awarding hundreds of thousands of dollars in contracts at this meeting, according to the agenda.

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Nuns on the Bus visit RI


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2016-07-23 Nuns on the Bus 2683The Nuns on the Bus came to Providence Saturday night as part of a 13 state tour that ended at the Democratic National Convention in Philadelphia. At each stop, the Nuns held meetings where concerned residents could share their concerns about a range of topics – including tax justice, living wages, family-friendly workplaces, access to democracy, healthcare, citizenship and housing. These meetings were held under the general title of “Mending the Gaps” and the discussion points and concerns from each meeting are to be delivered in Philadelphia.

The Nuns arrived at St. Michael’s Church in South Providence to the music of the Extraordinary Rendition Band and St. Michael’s own drummers.

During the discussions the Nuns learned about the obscene child poverty rates in Rhode Island, the criminality and disconnect of many of our elected leaders and our state’s support for the fossil fuel industry and the environmental racism such support entails. The meeting filled the basement of St. Michael’s.

From Providence the Nuns headed to Hartford, Scranton and Newark before arriving in Philly on  July 26. You can follow their progress here.

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RI Progressive Dems urge Clinton to withdraw Raimondo appointment


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RIPDA logoThe Executive Board of the Rhode Island Progressive Democrats wishes to express extreme displeasure that Hillary Clinton would name Governor Gina Raimondo as a co­-chair of the Democratic convention. While this role is purely ceremonial, it indicates that some of Clinton’s advisors may consider Raimondo an acceptable figure within the national Democratic party, a sentiment that would be deeply chilling. Raimondo’s politics represent a brand of conservatism well to the right of basically anyone of prominence in the national Democratic party. Deeply unpopular in Rhode Island, Raimondo is known for her aggressive push to restrict women’s access to abortion coverage through plans sold on Rhode Island’s exchange. She is also one of the most aggressive proponents of pension cuts, which Democrats just voted to oppose in our party platform. She has been a feisty advocate of expanding fossil fuel infrastructure, and she even opposes repealing Rhode Island’s tax cuts for the rich. A former private equity executive, Raimondo epitomizes an extreme type of Wall Street politician. After the withdrawal of banker Antonio Weiss, the national party has had an informal rule against Wall Street appointees for top posts. Raimondo appears to violate that rule.

We ask that the Hillary Clinton campaign withdraw this appointment. We believe it is crucial for the Hillary campaign to send a signal that they will not be considering Raimondo for any posts in a Hillary administration, an event that would place the even more right wing Dan McKee in power. McKee is such a far­ right Democrat that we took the completely unprecedented step of urging voters to support his Republican opponent Catherine Taylor, and the AFL-­CIO went further and openly endorsed Taylor.

Moreover, we urge Hillary to make it clear that she, the national Democratic party, and the DSCC will oppose Raimondo in the primary should she attempt to take a US Senate seat in the future. Raimondo is so unpopular in Rhode Islanders that she could easily lose to a Republican. In fact, she only won by four points against a weak GOP opponent in a state that Obama won by 27 points. A Raimondo nomination is the GOP’s only path to a US Senate seat from Rhode Island, and it is of utmost importance that the national party prevent such a debacle. The national party has often intervened in primaries to stop weak nominees from jeopardizing a Democratic US Senate seat, most recently in Pennsylvania. We urge Hillary Clinton to make clear she will do the same in Rhode Island to prevent a Raimondo nomination and a GOP victory, should Raimondo attempt to take a US Senate seat.

Some modest proposals to boost RI’s business climate


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topstatesforbizDespite much wringing of hands and awarding of tax breaks to various upper income and business folks, we Rhode Islanders are told our business climate IS still at the bottom. Thus I propose these seven modest suggestions for addressing this problem.

1. Ban any pro-union advocacy opinions in the state’s media. While talk radio mostly does this already, some pro-union opinions occasionally do slip into the Providence Journal, RI Future, and maybe other local papers. I’m sure business will appreciate it if we close this loophole.

2. Cut pay of public workers by 50%. Though public workers have already made concessions on pay, health care and pensions, some of them can still afford to drive.  Halving their pay would not only lower the tax burden, but make more room on the roads for the important people.

3. Stop enforcing clean water laws.  Not only will this too lower the tax burden, but as public water supply gets more polluted, investors will see opportunities here to sell more bottled water and also to make money in the health care system treating the people who persist in drinking public water and thus get sick.

4. Stop funding bike, pedestrian and transit programs.  This will make the state more attractive to oil and auto companies.  Also, by discouraging physical activity, this will also increase obesity, making Rhode Islanders less fit and thus less able to challenge pro-business programs.  Those who persist in biking or walking can perhaps be made subject to a gasoline-avoidance fee that can generate revenue to subsidize business jets. But as there are proposals in the US House of Representatives to do something like this on a national level, we better do this quickly before we lose a competitive advantage over other states.

5. Sell all public beaches. Not only will this provide more shoreline for the rich to buy, but their view of the shore from their yachts will be improved if the hordes of riffraff on the public beaches are forced off.

6. End the sales tax on high-end cars. Though we already eliminated sales taxes on boats and private airplanes, the rich still have to pay sales taxes on BMWs, Cadillacs, Lexuses etc. It is not fair that their cars are not treated tax-wise the same way as their yachts and planes.

7.  Require all low income folks to be servants to the business class for 3 days a year. After all, we know how hard it is to find good servants these days. The low income folks serving the rich could polish their cars or silver, cut the grass, mop the floors and such. Giving up only 3 days would not be too much of a burden, but think how much it could improve our business climate rankings as no other state does this. Indeed we can market this initiative by emphasizing the “Plantations” part of our official state name that we voted to keep. not that long ago.

Will these suggestions be seriously considered?  Maybe.

Progressive Democrats call for action on Superman Building


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RIPDA logoEvery night in downtown Providence, we see the darkened windows of our state’s tallest building. It’s a sad sign of failed development policies. Recently, the developers announced that they are going to hold the building empty for yet another year, waiting for a massive payout from the taxpayers. What a better way to bully Rhode Island into giving them subsidies than to insist on keeping the largest and most recognizable building in Rhode Island completely empty?

In 2008, the building was bought by David Sweetser and High Rock Development LLC for $33 million dollars. In a bid to lower their taxes, the developers are now arguing that the building has “no value.” In 2013, Sweetser asked for $75 million in state assistance and tax breaks, and each year, he comes back to ask again.

Rhode Islanders should not be held responsible for bad business decisions. And we should subsidize affordable housing, not luxury apartments that further segregate the rich from the poor. With the massive expansion of the agency that did 38 Studios, more and more Rhode Island corporations are coming to expect big checks from the state for any developments they do. And more and more developers are holding development hostage to bargain for public bailouts. It’s time to take action.

That’s why, continuing our strong stance against corporate welfare, we call on our political leaders to reject any subsidies for the Superman Building. We need to send a clear message that holding the building empty to extort money won’t work. Until the developer gets the message, the building will remain vacant.

We ask Sweetser to either develop the building or sell it to someone who can. The people of Rhode Island will not be bullied into giving absurd amounts of money to bail out a corporation’s mistakes. We can’t let this Massachusetts developer take advantage of us by using enormous tax subsidies to build unaffordable luxury apartments. Spending $75 million on corporate welfare for luxury apartments is unethical. Less than 5 years ago, the state of Rhode Island gave $75 million dollars to 38 Studios. We ask that we not make that mistake again.

CLF supports power plant bill, calls out ‘scare tactics’


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2016-05-26 Burrillville at the State House 021
Paul Fogarty addresses constituents at the State House

The Conservation Law Fund (CLF) supports S-3037, by Senators Fogarty, Nesselbush, and Kettle, and respectfully urges passage of this bill. This bill addresses an important issue pertaining to the proposal by Invenergy to build a new 900 MW fossil-fuel power plant in Burrillville, RI.

CLF has considerable first-hand knowledge of the Invenergy proposal. CLF is the only environmental organization that has been admitted as a full party before the Energy Facility Siting Board (EFSB) in Docket SB 20 15-06, which is the Invenergy permitting proceeding. CLF is the only environmental organization that has been admitted as a full party in the Public Utilities Commission Docket # 4606 that is considering issues pertaining to Invenergy (including whether the proposed plant is even needed and what the ratepayer impacts might be).

In connection with these legal proceedings, CLF has received and reviewed thousands of pages of evidence, including significant quantities of confidential information pertaining to the Invenergy proposal. CLF urges passage of Senator Fogarty’s bill because it addresses a crucially important issue that is not being addressed anywhere else — and, indeed, cannot be addressed anywhere else: the matter of voter approval for tax treaties.

I respectfully direct your attention to the portion of this bill beginning on page 3, line 34, and running through page 4.

Under long-existing law, R.I. General Laws § 44-3-30, the Town Council of Burrillville has the legal ability to enter into tax agreements, called “tax treaties,” with the proponent or owner of electricity-generating plants within the Town. Senator Fogarty’s bill would make one crucially important change to this law. The bill would retain the long-existing power of the Burrillville Town Council to enter into these tax treaties — but would require voter approval of such treaties.

This bill is good for democratic process.

The only argument that I have personally heard from Invenergy’s lawyers against this provision in the Fogarty Bill is that, by requiring such voter approval for tax treaties, the Bill would stymie any and all infrastructure projects in the state. I was even told that passage of the Fogarty Bill would prevent small projects from going forward at the Johnston Land Fill.

This is untrue. The underlying, existing statute that the Fogarty Bill modifies pertains only to Burrillville, and only to electricity generators in Burrillville. The Bill would have no application and no effect anywhere else in the state.

Moreover, if enacted, the Fogarty Bill would not stop the Invenergy plant from being built — nor even prevent the Burrillville Town Council from entering into a tax treaty with Invenergy. The only thing the Fogarty Bill would do is require that any such tax treaty be voted on by the people of Burrillville.

And, in the event that such a tax treaty were turned down by Burrilliville voters, even that would not necessarily stop the Invenergy plant from being built. The tax treaty that was voted down would not take effect, but Invenergy could seek to negotiate a different tax treaty, or could even build the plant without a tax treaty.

In short, the scare tactics used by Invenergy and its allies to oppose this provision of the Fogarty Bill are just not true.

I want to address one other provision in this bill: the section on page 1, lines 7 to 14, that would enlarge the membership of the EFSB. When this bill was heard in the House Environment Committee on Thursday, May 26, National Grid expressed reservations about expanding the membership of the EFSB, and said that so expanding the EFSB could potentially jeopardize tens (or even hundreds) of millions of dollars of pending infrastructure projects.

CLF has long had reservations about the way the current EFSB is constituted; thus, CLF well understands the impulse to change how the EFSB is constituted. Nevertheless, CLF believes that the most critically important portion of Senator Fogarty’s bill is the portion on page 4 requiring voter approval of tax treaties. For that reason, if there is significant opposition to the provision on page 1 of the bill (changing the membership of the EFSB). CLF respectfully urges that you strip out that latter provision and pass the rest of the bill.

[This post was created with an advanced copy of Jerry Elmer’s testimony for tomorrow’s Senate Judiciary hearing.]

Rhode Island considers repealing “tampon tax”


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A bill under consideration at the Statehouse, sponsored by Representative Edith Ajello and Senator Louis DiPalma, would repeal the sales tax on tampons, menstrual products, and single-use medical supplies. If Rhode Island passes it (and we should) we would join growing ranks of states that have repealed the so-called “tampon tax”—and we would distinguish ourselves by including other medically necessary items in that repeal.

Tax policy is complicated, and many injustices (intentional or not) are hidden within it. Sales tax in general is considered a “regressive” tax, meaning that it represents a higher portion of poor people’s income than it does of wealthy people’s income. Specifically, taxes on menstrual products and single-use medical supplies penalize people for conditions that they can’t help.

Most states in the US, including Rhode Island, tax “tangible personal property” but make exemptions for select “necessities”. These necessities include groceries, food stamp purchases, medical purchases (prescriptions, prosthetics, some over-the-counter drugs), clothing, and agriculture supplies.

In Rhode Island, as elsewhere, menstrual products (including tampons, sanitary pads, menstrual cups, and panty liners), as well as single-use medical supplies (such as diabetes strips) fall under the category of “hygiene products,” and are considered “luxury items.”

They are therefore taxable.

As almost any woman could tell you, periods are not luxurious. Menstrual products are a basic necessity for reproductive-aged women; the tax is particularly unjust since it targets people already at the wrong end of the wage gap. On average, a woman will, in her lifetime, use more than 11,000 tampons or pads, and is expected to spend approximately $5,600 on these items. Of that, nearly $500 is sales tax.

The same is true for people with illnesses that require regular single-use medical supplies. People suffering from diabetes cannot “opt out” of their daily insulin checks, and those needing regular injections would hardly classify them as “luxuries”.

Of the fifty US states, forty currently tax menstrual products. In the past several years, five states (Maryland, Massachusetts, New Jersey, Minnesota, and Pennsylvania) have repealed the “tampon tax”. In Delaware, Alaska, Montana, Oregon, and New Hampshire there is no sales tax at all.

Other states have been engaging this question, and there is movement across the country to reconsider, reshape, and/or repeal the tax on sanitary products. Five states (California, Utah, Virginia, Ohio, and New York) either have active coalitions working on this issue, or have introduced bills. Several weeks ago, Chicago repealed the “tampon tax”.

Even President Obama agrees that taxing medically necessary supplies is unjust.

“I have no idea why states would tax [menstrual products] as luxury items,” President Obama said in a YouTube interview to blogger Ingrid Nilsen: “I suspect it’s because men were making the laws when those taxes were passed.”

We support this bill in Rhode Island that would re-classify menstrual products and single-use medical supplies as “necessities,” thus eliminating the sales tax on such items, and we are proud of the fine efforts of our state legislators.

Meghan Elizabeth Kallman, Robin Dionne, and Christina Morra are fellows at the Women’s Policy Institute.

Video: House testimony on Keable’s power plant bill


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The testimony on Cale Keable’s bill, H8240, which if passed will give voters in Burrillville the ability to approve or reject any tax treaty with potential power plants in their town, pitted town residents and environmental activists against business and labor concerns. In all 56 people testified on the bill during the five hours of testimony, 43 in favor and 13 in opposition.

Below is all the testimony, in order, separated by speaker.

01 Representative Cale Keable, who represents Burrillville, introduced the bill.

02 Jeremy Bailey, Burrillville resident

03 Lenette F. Boisselle, representing the Northern RI Chamber of Commerce, opposes the bill. Earlier in the day, Loiselle was at the Kirkbrae Country Club for the Northern RI Chamber of Commerce breakfest. At that event, all the questions for guest speaker John Niland, director of development for Invenergy, the company that wants to build the power plant in Burrillville, were submitted in writing. It was Boiselle who carefully sorted the questions, allowing Niland to only answer softball questions.

Boiselle took some tough questions regarding her opposition to the bill. The Chamber of Commerce, says Boiselle, “has a history of opposing any type of referendum… as a fundamental principle, the Chamber of Commerce believes that these types of issues are extremely complicated, that’s why we elect people to be in a position to be able to take the time to study the pros and the cons and determine whats in the best interest of whether it be the town or whether it be the state.”

Boiselle said that the Chamber has “no position on the power plant one way or another” and that if this bill is passed, whoever spends the most amount of money to advertise their positions will likely win.

The legislation, said Boiselle, in response to a question from Representative Michael Marcello, “could kill [a project] just by making it wait” until the next general election for the voters to decide.

Representative John Lombardi asked “what would be wrong with the town and the council having the last say in this. Is there a problem with that? You say you oppose that?”

Boiselle said that the time it takes to understand the pros and cons of complex issues is too great for voters. That’s why we elect representatives.

“I think its always good to engage the people,” said Lombardi.”It’s supposed to be a representative government, but sometimes it doesn’t end up that way. They don’t seak on the behalf of the people. I think this is a good process.”

“I’m just curious,” asked Representative Aaron Regunberg, “Money plays a big role in pretty much every election, do you think we shouldn’t have any elections?”

04 Jerry Elmer, senior attorney at the Conservation Law Foundation is strongly in favor of the bill.

05 Mike Ryan of National Grid opposes the bill, at least in part. They have no position on the part of the bill concerning voter approval of negotiated tax treaties.

06 Meg Kerr, of the Audubon Society, is for the bill.

07 Elizabeth Suever representing the Greater Providence Chamber of Commerce opposes the bill. She seems to think that granting more democracy to Burrillville might make other municipalities want more democracy as well, which may slow down growth. Of course, Suever never uses the word democracy, because that would make her argument sound anti-American.

08 Paul Bolduc is a Burrillville resident.

09 Greg Mancini – Build RI

10 Paul Beaudette – Environmental Council of RI

11 Michael Sabitoni -Building Trades Council

12 Lynn Clark

13 Scott Duhamel – Building Trades

14 Peter Nightingale – Fossil Free RI

15 Roy Coulombe – Building Trades

16 Adam Lupino – Laborers of NE

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18 Paul McDonald – Providence Central Labor Council

19 Paul Lefebvre

20 George Nee AFL-CIO

21 Jan Luby

22 Richard Sinapi – NE Mechanical Contractors Association

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CLF’s Jerry Elmer: Keable Bill is ‘excellent’ for power plant opponents


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2016-03-31 Burrillville EFSB 002The bill Representative Cale Keable introduced to the RI House that seeks to overhaul Rhode Island General Law 44-4-30 by giving the residents of Burrillville more power over whether or not Invenergy‘s proposed fracked gas and diesel oil burning power plant gets built in their town has been reviewed by Conservation Law Foundation (CLF) Senior Attorney Jerry Elmer, and his verdict is clear: “Despite its imperfections,” says Elmer, “the Keable Bill is an excellent bill that ought to be supported by enviros, because – for the two separate reasons outlined above — it makes it much less likely that the Invenergy plant will be built.”

You can read House Bill 8240 here.

Elmer’s analysis is worth reading in its entirety:

Main Point of the Bill – The main point of the bill appears on page 4.  Under existing law (RIGL 44-4-30) the Burrillville Town Council has the power to set the property tax rate for Invenergy at any level it wants.  Thus, under existing law, the Town Council could give Invenergy a sweetheart deal by charging one dollar per decade; or the Town Council could drive Invenergy out of Burrillville by charging a million dollars per nano-second.  The Keable bill changes this by adding the requirement that, whatever the Town Council does, that arrangement must be approved by the voters of Burrillville in a voter referendum.  This is a very, very good thing because it makes it much less likely that the plant will be built.  In fact, this is true for two separate reasons:

First, many people have been worried that the Burrillville Town Council will make a secret sweetheart deal with Invenergy, and that the people of Burrillville will be cut out of the process.  People have been very worried about this, because the people of Burrillville are overwhelmingly opposed to the Invenergy proposal, but the Town Council seems (much) more favorably inclined toward Invenergy.  If passed, this law would make it impossible for the Town Council to cut the people of Burrillville out of the process.  Any deal the Town Council makes with Invenergy would have to be approved by the voters; and the voters could vote down any tax treaty with Invenergy that does not ensure, with 100% certainty, that the plant is not built.

Second, even the presence of this law on the books creates uncertainty for Invenergy – at least until a tax treaty is negotiated and approved by public referendum.  This uncertainty will probably make it more difficult (and maybe impossible) for Invenergy to obtain the necessary funding (loans) to start construction.  After all, what lender would put up hundreds of millions of dollars knowing that the Town could tax Invenergy out of existence?  Importantly, in a situation like this, delay (“mere delay”) can actually kill the project.  As CLF argued at the [Energy Facilities Siting Board] EFSB, Invenergy made the election to obtain a Capacity Supply Obligation (CSO) in the ISO’s Forward Capacity Auction (FCA) on February 8, 2016, before Invenergy had the necessary state permits.  That CSO begins on June 1, 2019, and it comes with huge financial penalties if Invenergy is not up and running by that time.  If Invenergy is delayed in starting construction by even 12 months, Invenergy may be forced to sell out of its CSO (in an effort to avoid penalties) and abandon this project.

Note, importantly, that what I say in that last paragraph is true even if the EFSB grants Invenergy a permit!  In other words, if passed, the Keable bill provides a separate and independent way of stopping Invenergy, a way that works even if CLF’s litigation against Invenergy in the EFSB fails.

In this sense, the Keable bill is clearly good for democracy.  Up until now, many people have feared that the Town Council would secretly cut a sweetheart deal with Invenergy, despite overwhelming citizen opposition within the Town.  If passed, the Keable bill would make that impossible.

Changing the Make-Up of the EFSB – The Keable bill would also change the make-up of the EFSB by expanding the EFSB from three to nine members.  (Bill, page 1, lines 7 to 14)  Currently two of the three members of the EFSB sit at the pleasure of the Governor (and this provision in the Keable Bill is probably intended to change that status quo).  I am skeptical about how useful this provision would be, even leaving aside the unwieldiness of a nine-member EFSB.  Note that two EFSB members now sit at the pleasure of the Governor.  One of the proposed new members under the Keable Bill is the chairperson of the Commerce Corporation, who also sits at the pleasure of the Governor.  Of the three “public members” to be added, the union representative will reliably support all new power plant construction, and the person “experienced in energy issues” may very well also reliably support new power plants.  That would be five members of a nine-member EFSB that would reliably support new power plants.  While well-intentioned, this provision is probably not a good way to stop the Invenergy proposal, or to constitute a better EFSB.

Considering a Town Council Resolution – The Keable bill contains this sentence (page 3, lines 18-19):  “Prior to making a decision, the board [EFSB] shall take into consideration any town or city council resolution regarding the application.”  This is toothless – for two reasons.  First, “take into consideration” means “think about” but not necessarily respect or act upon.  Second, as we know in  this case, the Town Council is much more favorable toward Invenergy than the people of the Town.

Nevertheless, I want to be clear:  Despite its imperfections, the Keable Bill is an excellent bill that ought to be supported by enviros, because – for the two separate reasons outlined above — it makes it much less likely that the Invenergy plant will be built.

What are the chances of passage? – Of course, the honest answer is, “I don’t know.”  On the one hand, in order to have been introduced this late in the General Assembly session (three months after the filing deadline for new bills), the bill must have some support from leadership.  On the other hand, if passed, this bill would go a long way to un-doing the whole purpose, the raison d’etre, of the state’s Energy Facility Siting Act that created the EFSB.  That statute was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people (who could be motivated by base NIMBYism) and put it into the hands of the EFSB.  This bill (not so much the change in EFSB membership, but the tax treaty referendum requirement) goes a long way to un-doing that purpose.  Also, there is, as of yet, no Senate-side analogue of the Keable Bill in the House.  Also, remember this:  Governor Raimondo is a huge supporter of the Invenergy proposal going forward (because of the job-creation aspects).  Even if the bill passes the General Assembly, Gov. Raimondo could still veto the bill – especially if her analysis of the bill’s real-world effects jibes with my own.  My analysis is that, if passed, the bill would make it much less likely that the Invenergy plant will ever be built.  If Gov. Raimondo agrees with me, she might veto the bill for that very reason.

Hearing on Thursday – Although not yet posted on the General Assembly website, Rep. Keable believes that his bill will be heard this Thursday in the House Environment Committee, at the Rise of the House (some time after 4 PM).

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Rep Dan Reilly’s benefited from his father’s shell corporation


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Daniel Reilly
Daniel Reilly

Representative Daniel Reilly has not listed contributions from his father on his campaign finance reports, contributions the US Department of Justice found while prosecuting his father for tax evasion in Florida.

Reilly, a Republican from District 72 serving portions of Middletown and Portsmouth, has reportedly received money for both his schooling and his political campaigns from his father’s “law firm and shell corporation” that the elder Reilly is alleged to have used to illegally evade paying taxes.

His father, William J. Reilly, pled guilty to tax evasion and was sentenced to 2 1/2  years in federal prison and ordered to “pay more than $1.9 million in restitution.” Channel 12’s Tim White noted that William Reilly is “at the top of Rhode Island’s tax delinquent list.”

The US Department of Justice reports that from 2005 through 2010, William Reilly,

…used bank accounts for his law firm and the shell corporation to receive personal income, transfer funds into his personal accounts, and pay personal expenses directly, including his Visa credit card account, his children’s private school and college tuition, support his daughter’s equestrian business, make vehicle and mortgage payments, contribute to his son’s political campaign, and purchase more than $50,000 in tickets for sporting events and concerts.

You can read William Reilly’s plea agreement here.

The only contribution Daniel Reilly reported receiving from his father was a $500 in-kind contribution noted as “use of a recreational vehicle.” This was not a cash contribution. You can access all of Rep Reilly’s campaign contributions here.

Reilly responded in an email that, “My father never contributed any money to my campaigns and only rented an RV during my 2008 campaign for us to campaign in. I recorded that as an in-kind contribution for the amount that it was valued. I believe that was what was referred to in the press release. It was a ‘contribution’ in the sense that it is in-kind and was recorded as such, but not a cash contribution and I never received any from him.”

Daniel Reilly served two terms as District 72’s representative before being unseated by Linda Finn in 2012. He regained his seat in 2014 and Finn is challenging him again in 2016.

RI Future has reached out to House Spokesperson Larry Berman and Rep Daniel Reilly for comment. We will update.

Thank you to Paula McMahon at the Sun Sentinel for her reporting on this story.

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State estate taxes are vital tools for broadly shared prosperity


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A new report released this morning by the Center on Budget and Policy Priorities (CBPP) emphasizes the importance of state estate taxes as tools for broadly shared prosperity and as a means to ensure that the very wealthy don’t avoid taxes by sheltering their wealth.

-3This report comes at an opportune time for Rhode Island, just a week after learning that policymakers are considering increasing Rhode Island’s estate tax exemption from the current $1.5 million to $2 million, a move that would benefit the heirs of fewer than 100 estates.[1] As seen in Figure 1, the increase in the estate tax exemption enacted two years ago already has significant negative impact on state revenues.

As Rachel Flum, Executive Director of the Economic Progress Institute, notes, “We face a choice: we can either invest in the things that help our communities thrive and all of us prosper, or hand yet another tax break to a few of our state’s wealthiest people.” Changes to our estate tax have already compromised our ability to make critical investments in the Ocean State. Increasing the estate tax exemption from $1.0 million to $1.5 million in the 2014 General Assembly depleted revenues by $8.4 million in 2015 and by $6.1 million already in 2016, according to the Department of Revenue.[2]

The CBPP report, State Estate Taxes: A Key Tool for Broadly Shared Prosperity, calls on states that have repealed their estate taxes to reinstate them, and suggests that the eighteen states that have estate taxes in place (including every state in the Northeast except New Hampshire) consider improving them. At $1.5 million, the Rhode Island estate tax exemption falls midway between the $1.0 million exemption in Massachusetts, and the $2.0 million in Connecticut.

The CBPP report emphasizes three compelling public policy purposes that result from estate taxes:

  1. Providing revenue for investments that promote a strong economy.  Estate tax revenue supports services that make a state an attractive place to do business and live.
  2. Reducing inequality.  The vast majority of taxpayers would never owe estate taxes.  These taxes are paid by a small share of very wealthy families — those most able to afford them.
  3. Taxing income that would otherwise escape state taxation.  Without an estate tax, many unrealized capital gains go untaxed at the state level.  This happens when an asset that has increased in value is not sold during the owner’s lifetime, leaving the heirs to gain the profit.

Report author, Elizabeth McNichol, emphasizes the price we pay when we erode state revenues:

You can’t get something for nothing. States that have reduced or eliminated their estate taxes have less money for public investments, so they are seeing higher tuition at public colleges; cutbacks in teachers at K-12 schools; and deteriorating roads, bridges, water treatment facilities, and other public infrastructure.”

Important investments in tens of thousands of Rhode Island’s low- and middle-income working families – such as increasing the state earned income tax credit to 20 percent of the federal credit, and helping families pay for child care–should take priority over tax breaks for a few dozen of our wealthiest families.  These investments are particularly important given Rhode Island’s overall tax system, which is “upside down”. The more money you make the smaller share of your income you pay in state and local taxes. A robust estate tax helps to reverse that upside-down tax system, as do changes at the lower end, such as increasing the state EITC.

Douglas Hall, Director of Economic and Fiscal Policy at the Economic Progress Institute notes that “Preserving the estate tax at its current levels gives us revenues needed to give Rhode Island working families a boost, strengthen our economy, and invest in education and infrastructure, while making our tax structure more fair, and preventing those most able to pay from avoiding taxes on their accumulated assets.”

[1] Based on the most recently available data, after reducing by more than half the number of estates subject to the estate tax via changes adopted in 2014, only about 86 filers would remain, 39 of which would see their estate tax completely disappear if we were to raise the exemption to $2.0 million

[2] Revenue projections from the estate tax, seen in Figure 1, incorporate the revenue impact from changing the exemption level, but also reflect the number of estate tax filings, which vary from year to year.

Rhode Island’s economy needs a workers’ agenda


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This is a really important video.

The Economic Progress Institute‘s Douglas Hall does four things in the video below. First he gives us a basic, overall big picture economic context, then he “drills down further” into the economy of Rhode Island. Then we’ll see, in big pieces, what a “workers’ agenda” might look like before finally recapping some of the good things done in our state towards advancing a workers’ agenda.

Hall gave the talk as an introduction to The State of Working Rhode Island: Workers of Color, that “highlights the many challenges facing Rhode Island workers, showing the many areas where workers of color fare less well than others.” For more info see here.

Douglas Hall, Ph.D, is the Director of Economic and Fiscal Policy at the Economic Progress Institute. The video was prepared from the talk Hall gave at the 8th Annual Policy and Budget Conference on April 26, 2016, and the Powerpoint slides he prepared.

Rhode Island's economy needs a workers' agenda

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The parking tax: How to tax the rich, and get away with it


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freparkingIt’s hard to tax the rich at the local level. The area within the borders of a local community is small, and tax avoidance becomes a game to people with money. One need simply relocate a block across the border to smack back at most local popular efforts. I’m not saying it’s right. I’m saying it’s true. But there is a way to tax the rich in Providence, and get away with it.

Taxing parking might seem like another consumption tax, but it’s not. It’s a Robin Hood tax– and one that even businesses should be in favor of.

Why? A great piece on this appeared in Greater Greater Washington just a year ago. It points out, for instance, that the tax write-off for paid parking is larger than the one for transit, meaning that commuters who pay for parking already get a direct subsidy to repay themselves. But it also points out an even deeper point about the marketplace for (garage and lot) parking in cities.

Parking acts as an oligopoly more than many other markets, so (in garages and pay lots) it’s being sold at the highest bid it can sustain:

[P]arking operators are in the business to make money, so aren’t they already charging as much as the market will bear? In other words, if they could raise their prices when there’s a new tax, why don’t they just raise their prices now regardless?

Well, isn’t that true of all markets? But in most markets, competition drives down the prices of goods. If you’re making more money than a small profit over and above the cost of providing the service, someone else will enter the market too and try to undercut you.

Parking isn’t really a competitive market. In the short run, the supply of parking is absolutely fixed, and there isn’t empty land to turn into new parking in central DC. Also, many people also only really want to park in the building where they work, are going to the doctor, etc. and aren’t shopping around. That’s especially true when a company is buying parking for executives.

These factors make the parking market closer to a monopoly and/or oligopoly, and consequently, the pricing is more at the level that maximizes total revenue in the entire market, a level that’s higher than the perfect competition price.

The GGW piece cited a report commissioned by the Philadelphia Parking Authority in which garage owners complained that they would have to swallow any taxes levied on parking because there would be no one willing to pay a higher price for parking if they tried to pass it to consumers. When your business is an oligopoly, you’re already getting the best price you can, so a tax on your business just means a lower profit margin.

Not everyone buys my notion that keeping the car tax where it is makes sense, though the fourth grade math involved in showing why that tax cut isn’t progressive is pretty straightforward. But everyone agrees (including me) that taxing a person’s car purchase is a type of consumption tax. If the reports on parking are correct, taxing parking lots (and garages) is not. The owner pays. And in Providence, the largest owner of parking lots is one of the wealthiest people in the state: former mayor, Joseph Paolino.

A business argument

I started my argument with the “tax the rich” pitch for the parking tax, because try as I might to convince people otherwise, I’ve still encountered friction from some on the left who think taxing parking is a flat tax on consumers (some people on the left even like the idea that parking taxes are a tax on consumers, saying that it’s a way to get the suburbs to pay their share towards city services they use). But if you’re a local businessperson, you might not care for this argument. Why shouldn’t you be concerned about the parking cutting and running? Isn’t a tax on parking going to drive people away?

Short answer: no.

Parking lots and garages aren’t golden geese. You can tax them, but like all things, their owners have the ability to try to evade taxation. But we shouldn’t be troubled by the this possibility because of the mechanisms involved. The PPA report cited within the Greater Greater Washington piece had garage owners complaining that while they would pay the cost of the tax in the short-run:

In the long run the story is quite different. An increase in parking taxes discourages the rejuvenation of aging facilities, the replacement of facilities lost to development, and the construction of additional facilities. Thus higher parking taxes will decrease the long-run supply of parking, will increase the cost to the public of parking, and will decrease profits to owners of parking facilities.

Further, should an additional parking facility be required, a higher parking tax implies that the facility will require larger subsidies to develop than it would in the absence of the parking tax increase.

Parking lot/garage owners can only escape the parking tax two ways: they can sell their land to someone else (who still, of course, has to pay the parking tax), or they can turn the parking into something that’s not parking. The PPA report reveals a lot. For instance, why would a city worry that it’s not able to replace “facilities lost to development”? Doesn’t the fact that development is replacing parking imply a healthy local economy, and that people are visiting that new development by some means?

In the second paragraph, we have the even more revealing “a higher parking tax implies that the facility will require larger subsidies to develop than it would in the absence of the parking tax increase.”

Indeed, in many cities, parking garages are subsidized by a city or state authority because the all-knowing hand of government thinks that people need better access to parking above all else. (If you’re a local business owner and wondering why the all-knowing hand of government doesn’t have free money for you instead, you’d be right to wonder).

The truth is, parking lot/garage owners have three choices: pay up (and swallow the cost), develop something better (and make the neighborhood more desirable), or sell (at a cut-rate price, making it easier for the next person to develop something). As a business, none of these should worry you, because they all represent the neighborhood becoming healthier for your enterprise. Lower taxes or lower land prices will both mean more of the development that supports transit, and will also add to the tax rolls, so even as the revenue from the parking tax slowly dissipates, the problems that creates solve themselves.

Give it all back

If parking owners being unable to increase their prices, and the flat out arrogance of parking owners getting government hand-outs isn’t a good enough business argument, then how about this: the best use of the parking tax in Providence would be to directly lower other taxes.

Even in a hypothetical case where parking was more expensive, the collected money would equalize that shift in price, and returning the money to local businesses through lower taxes would help them compensate with better services or lower prices. But the more likely event is that parking prices will stay the same while allowing your taxes to go down. Who could argue against that?

You’re getting taxed anyway

The strongest argument against the parking tax is to ignore all the data and examples I laid out, and just cry Chicken Little. OH NO, EVERYTHING WILL COST MORE! OH NO, THERE WILL BE PARKING-GEDDON! OH NO, STOP TAXING US!

The problem with this argument is that you are being taxed.

Though rates technically went down on some taxes in the mayor’s budget, the amount paid has gone up on just about everything. One of the newly raised taxes is the “meal and beverage” tax.

If we were trying not to tax parking because we were worried it might chase people away from local businesses, was taxing restaurants instead the way to go?

Give it to me in a paragraph

Parking is a weird oligopoly, and the owners are charging you as much as they can. Taxing them more doesn’t actually allow them to pass that on to you, because they’ve already maximized their price. So parking taxes are a tax on rich people who are speculating on land. Parking taxes encourage those people to turn that parking into something else, but in the meantime, the city collects revenue that lowers your taxes. The city is “considering” taxes on parking rather than “implementing” taxes on parking because they’ve got cold feet about taking on one of the richest people in the city. You should tell the city government that you want a tax on parking, because if they don’t tax parking, they’re going to tax your house, your apartment, the restaurant you go to, and everything else first.

Tax parking.

Special Town Council meeting does little to calm Burrillvillian concerns


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2016-05-04 Burrillville Town Council 02“I don’t [want to] throw cold water on your parade here,” said Burrillville Town Manager Michael Wood, “but you can’t simply just determine a tax at will and tax somebody… It’s not fair to leave you with the impression that this can be done when it can’t be done.”

Problem is, Wood is wrong.

Wood was speaking to around 150 Burrillville residents at a “Town Council Special Meeting” held to answer questions and concerns regarding Invenergy’s proposed $750 million fracked gas and diesel oil burning electrical plant.

Nick Katkevich, from the Fang Collective, had just read from aloud the relevant passage from the RI General Laws concerning Burrillville and energy plant taxation, as quoted in RI Future:

44-3-30 Burrillville – Property taxation of electricity generating facilities located in the town. – Notwithstanding any other provisions of the general laws to the contrary, the town council of the town of Burrillville is authorized to determine, by ordinance or resolution, an amount of taxes to be paid each year on account of real or personal property used in connection with any facility for the generation of electricity located in the town, notwithstanding the valuation of the property or the rate of tax.

Council president John Pacheco told Katkevich that the item wasn’t properly on the agenda.

Burrillville resident Kenneth Putnam Jr. then rose and asked a follow up question, which provoked Wood’s response.

This exchange was provoked by a piece I wrote, in which I consulted with lawyers on background. To check my logic, I wrote Jerry Elmer, a Senior Attorney at the Conservation Law Foundation for his opinion. Elmer is an expert in climate change and renewable energy law and has literally written many of the laws currently on the books in Rhode Island regarding energy and climate.

Elmer’s response to my query is worth quoting in its entirety:

The Rhode Island state law on this matter is clear and unambiguous, even if not everyone is familiar with the law.  The Rhode Island statute I am referring to is R.I. General Laws § 44-3-30.  That statute gives the Town of Burrillville (which, legally, would act through the Town Council) the right to set the real estate taxes for any electricity generation plant within the Town (including, but not limited to Invenergy) at any level the Town wants.  Importantly, the level at which the Town taxes the energy plant (such as Invenergy) need not be sensible or reasonable.  For example, the Town could legally charge Invenergy $1 per decade in property taxes.  The Town could legally charge Invenergy $1 billion per week (or per day, or even per hour) in property taxes.  One could have a reasonable argument as to whether any of those tax levels I just mentioned are sensible, or whether (or not) they represent good public policy.  But under that statute (RIGL 44-3-30) they are legal.

“It is also important to note that the statute explicitly says that this is true notwithstanding any other state law to the contrary.  Thus, even if someone could point to a different state law on municipal property taxation, the provisions of RIGL 44-3-30 would trump that other (possible) law.  The statute also is true notwithstanding what tax rate the Town of Burrillville has on other properties (like local homes and businesses).  The statute is also true notwithstanding the actual valuation of the Invenergy power plant.

“The short of it is that there is a specific, very detailed, state law that speaks to this exact question, and which trumps other state laws.  By law, the Burrillville Town Council can set Invenergy’s property tax at any level it chooses; and, if the Town Council chooses, it has the legal authority to set that tax rate so high that Invenergy would pack its bags immediately and leave the Town forever.”

Earlier, Councillor David Place interrupted Katkevich, asking everyone present that even if the law as written and understood were true, “How long do you think it will be before that law is changed, if the Governor and the General Assembly want to pass the plant?”

Changing the law in the middle of negotiations to favor one party over another would be a pretty big move on the part of the Governor and the General Assembly, especially in the face of widening opposition to the plant and the rising unpopularity of our elected leaders. And the very idea of changing the law in that way is of dubious legality. But that’s a question for another day.

The “Town Council Special Meeting” was held in the Beckwith-Bruckshaw Memorial Lodge, a place with no microphones. From the beginning people in the back had difficulty hearing the proceedings. Only three Town Councillors, John Pacheco III, Stephen Rawson and David Place, attended. Town Planner Tom Kravitz gave a short presentation and answered many questions from those in attendance.

The general tenor of the meeting was one of distrust and exasperation. For instance, while the Town Council won’t reveal any details of tax deal negotiations with Invenergy, on Dan Yorke’s television show State of Mind, John Niland, Development Director for Invenergy and the company’s public face for the project floated the number $3.6 million a year in taxes and rising, over 20 years. This was more information than has ever been volunteered by the Burrillville Town Council.

The people of Burrillville have real concerns. Time and again Town Manager Wood says he “can’t discuss the particulars” of the pending deal with Invenergy, provoking those in attendance last night to reply that they “get all our information” from John Niland on Dan Yorke. In the video below, a resident points out that in her email exchange with Wood, the Town Manager didn’t seem to realize that her home was in the area determined to be affected by the power plant.

“How can we trust that you have our best interests at heart when clearly, I’m in a severely impacted area, and you’re saying I’m not?”

It gets worse.

Tiya Loiselle is a veteran whose home value has dropped nearly $50 thousand in value since January. She was hoping to build equity in her home, but instead she’s rapidly going underwater, because of the possibility of this plant coming to her town.

As much as the residents of Burrillville seem to distrust their Town Council, they distrust Governor Gina Raimondo more.

Governor Raimondo “has been on the wrong side of a lot of issues because she doesn’t listen to the people,” said one speaker.

“She doesn’t reply to your emails,” said another.

“Did she not say that she would meet” with us, asked a woman, who was answered by another woman with, “I followed up, and sent her a message asking ‘Are you still planning to come to Burrillville?’ and she said ‘You’ll have to talk to my advisory board.’”

“You can’t trust the Governor,” said the first woman, “You understand why you see Trump signs everywhere, because no one trusts the Governor any more.”

Perhaps no one at the meeting expressed the impotence, fear and anger felt by the people of Burrillville better than Deborah Krieg, a “mom from Burrillville”. Her short speech to the Town Council was heart breaking:

You can watch the entire Town Council meeting here:

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Legislators should prioritize Rhode Island workers


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-1On Friday it was reported in the Providence Journal that Speaker Mattiello’s budget priorities include reducing the estate tax by increasing the threshold for paying the tax from $1.5 to $2 million at an estimated cost of $4.3 million, as well reducing the corporate minimum tax from $450 to $400 at an estimated cost of $3.2 million. Reducing the estate tax and corporate minimum tax will provide little benefit to the overwhelming majority of Rhode Islanders and are not a good use of public funds.

“We hope that lawmakers will not reduce state revenues by over $7 million for tax changes that would benefit a handful of Rhode Islanders and businesses,” said Rachel Flum, Executive Director. “There are many wiser ways to use $6 million to support thousands of working Rhode Islander and to ensure that businesses have the workforce they need to succeed.”

-2The state increased the estate tax threshold in 2014 effective January 2015, essentially increasing estates exempt from paying the tax from $1 million to $1.5 million and reducing the tax on higher income estates.  The estimated revenue from the estate tax in 2014 was $43.6 million, dropping to $34.2 million in 2015, a 20% loss of revenue after the change.

Further increasing the exemption to $2 million would benefit approximately 100 estates, of which 35 would not have to pay any tax at all.

In stark contrast, increasing the EITC to 15% of the federal credit, as proposed in the governor’s budget would put $4.4 million into the pockets of 83,000 working Rhode Islanders.  Increasing it to 20% as proposed by bills pending in the house and senate would provide an additional economic boost of $8 million to the direct care workers, servers, salespeople and other Rhode Islanders who earn low to moderate wages.  These state investments are then recycled directly into local economies.

“The estate tax is a vital tool for broadly shared prosperity,” added Douglas Hall, Director of Economic and Fiscal Policy at the Institute. “Our analysis shows there is no good public policy reason to reduce state revenue by reducing the tax that is paid by only a small number of heirs of large estates. The state’s priority should be to help struggling working families.”

One such priority is to help working families pay for child care assistance so they can enroll their young children in quality early learning programs and know that their older children are in a safe place after school.  A pilot program  allowing working families who are receiving child care assistance (income below 180% FPL) to remain eligible as their income rises to over twice the poverty level is set to expire in September, 2016.

As of March 2016, just over 400 children are enrolled in the pilot.  Trend data since the onset of the program in October 2013 shows that the pilot has allowed parents to have a glide path to earning higher wages since around half of the families have income between 200 and 225% FPL and half have income between 180 and 200% FPL.  It is estimated that making this “exit income” permanent would cost $1.6 million for FY 2016, an investment that not only helps working families but supports the child care sector. And with the lowest eligibility limit for child care assistance in New England, policymakers should also consider increasing the “entry income limit” from 180% FPL to at least 200%.

Just as there are far wiser ways to invest in our workforce, there are wiser ways to help businesses. The Statistics of Income for 2014 shows that 91% of Rhode Island businesses paid the minimum corporate tax, including 8,000 companies with gross receipts that total more than $10 million. Last year companies were given a break – a reduction of the minimum corporate tax by $50, from $500 to $450, taking revenue the state needed to pay for the public services and infrastructure that businesses use and rely on. Another $50 reduction is unlikely to significantly impact individual businesses, while a $3 million investment in workforce training for the 83,000 Rhode Islanders who lack a high school diploma and/or are in need of English language services would benefit all businesses who are looking for workers with basic skills.

Burrillville Town Council has absolute authority to set Invenergy tax rates


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2016-03-22 Burrillville 003On January 14, 2016, the Rhode Island Supreme Court ruled that wind turbines are manufacturing equipment and therefore exempt from local property taxes under state statute. The decision in DePasquale v. Cwiek developed the legal view that wind turbines are, “used exclusively for the purpose of transforming raw material—wind—into a finished product—electricity—and as a result the taxpayer meets the definition of a manufacturer, making the turbine eligible for tax-exempt status.”

If turning wind into electricity is a tax free proposition, it logically follows that turning “natural” gas into electricity would be as well. For instance, Invenergy‘s proposed $750 million fracked gas and oil burning plant in Burrillville, may well have been a tax free proposition for the company under this ruling.

Fortunately, there is a specific statute to the contrary, R. I. Gen. Laws § 44-3-30:

  • 44-3-30 Burrillville – Property taxation of electricity generating facilities located in the town. – Notwithstanding any other provisions of the general laws to the contrary, the town council of the town of Burrillville is authorized to determine, by ordinance or resolution, an amount of taxes to be paid each year on account of real or personal property used in connection with any facility for the generation of electricity located in the town, notwithstanding the valuation of the property or the rate of tax.

All well and good then. The Town Council of Burrillville has the absolute right to set the taxes for the proposed Invenergy plant at any level they wish “notwithstanding any other provisions of the general laws”. They could set the tax rate at $1 a year or a $100 million a year. In fact, if the Town Council were truly interested in stopping the proposed power plant, they could simply set the tax rate at $100 billion per year. It would stop the development cold.

Let me repeat: Despite the RI Supreme Court ruling, the Burrillville Town Council has absolute authority to set the tax rate for the new power plant at whatever level they wish.

Yet that is not how Town Manager Michael Wood and Burrillville Town Council solicitors Oleg Nikolyszyn and Michael McElroy seem to have reacted to the court’s ruling. Instead, the Burrillville Town Council, at a special meeting on February 23, asked Reps Cale Keable and Brian Newberry, as well as Senator Paul Fogarty, to “make sure that the existing [state level] legislation [cited above] we have will allow for the siting and construction of the new power plant in the town.”

Though it is apparent that Keable, Newberry and Fogarty didn’t make any changes to RI State Law 44-3-30 concerning power plant taxation and that no changes were necessary, that isn’t the only change the Town Council asked their state representatives to make regarding the state law around power plants. About a month earlier, at a January 27 Town Council meeting and two week after the RI Supreme Court ruling, a resolution was unanimously passed by the Burrillville Town Council to “respectfully request that our legislative delegation introduce legislation” to amend  R. I. Gen. Laws § 44-3-9.3, which governs “exemption or stabilizing of taxes on qualifying property used for manufacturing or commercial purposes.”

According to the minutes of the meeting, the motion to vote on the request to change the law was made by Councillor David Place, who has announced his run for State Representative against Cale Keable.

What is the major change in the law requested by the Town Council? The addition of the word “manufacturing” over and over again within the statute, expanding the range of the statute to make sure that power plants (which could be classified as manufacturers now) are covered. Now again, changing this law is not necessary in order for Burrillville to have full control over the taxation of the proposed Invenergy plant, and the Town Council never mentions Invenergy or manufacturing when discussing this resolution prior to passage. But the timing of this requested change is suggestive.

If this request was in response to the RI Supreme Court decision, it demonstrates that the Town Council was aware of Invenergy’s plans in January, not February, as previously demonstrated. Like the February request for changes in the General Laws, this request was also ignored by Keable, Newberry and Fogarty.

Whether or not the Burrillville Town Council, Town Manager and legal counsel worried about the DePasquale v. Cwiek decision, it is apparent that they have been keen to make sure that the RI General Laws are in their favor and that the court’s decision will not apply to their town or to the Invenergy plant.

But it’s also hard to believe that the Town Council is interested in stopping the power plant’s construction. If they wanted the plant stopped, they simply have to propose a prohibitively high tax rate, one Invenergy could not afford. Cale Keable, as reported by several Burrillville residents, is correct when he says that the power to stop this plant rests with the Town Council. Sure, the Energy Facilities Siting Board has the power to approve the plant, but the Town Council has the power to make the plant so unprofitable that Invenergy will never bother building it.

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Time for progressives to Bern down Mattiello’s estate tax reform


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Mattiello at the Grange 001As the results of last Tuesday’s primary show, RI Speaker of the House Nicholas Mattiello is seriously out of step with Rhode Island voters. Progressives in this state demonstrated the kind of change they want, yet instead of course-correcting, the speaker is doubling down on policies Tuesday’s vote clearly rejected.

One key reform Mattiello has his eye on is lowering the estate tax, the tax levied exclusively on dead millionaires. In the ProJo, Mattiello said he is “‘hearing from successful folks in Rhode Island pretty regularly lately’ that, without assistance, ‘they will be forced to leave the state,’ adding that he is going to ‘work hard to get [this] done in the budget.’”

This isn’t a new idea for the Speaker. Back in January, at the 2016 Rhode Island Small Business Economic Summit, Grafton H. “Cap” Wiley IV told Governor Gina Raimondo, Speaker Mattiello and a room full of government officials and small business owners that “it would be great if we had enough revenue to get rid of the estate tax” or if we don’t have enough revenue, “look at an increase in the exemption.”

“That’s something I’ve got my eye on,” said Mattiello.

Here’s the problem: Lowering or eliminating the estate tax does nothing for the economy. It doesn’t lead to greater entrepreneurship, doesn’t create jobs and doesn’t put money back into the economy. It’s a straight up giveaway to the 1 percent. And lest we forget, the care and comfort of the 1 percent has always been Speaker Mattiello’s primary concern. Remember his comment last year that his “well-to-do” neighbors don’t see any tax relief?

The suggestion that “successful folks” are being “forced to leave the state” because of the estate tax is frankly idiotic. This economic hokum has been debunked time and again, yet our speaker clings to this lie to justify giving more money to the already rich.

To quote the speaker, “that discussion has to stop.”

Let your legislators know that you oppose these tax cuts for the rich. Tell them what their priorities should be. Remind them of the results of Tuesday’s primary, and let’s start using our newfound progressive political power to effect real, positive change.

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Against a lower car tax


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Hopeful discussion of a possible parking tax earlier this week gave way to the realization that Jorge Elorza and Providence City Council are more likely to forego such a measure, and instead lower the car tax. Sigh. . .

I know that many in the progressive community feel the car tax is too high, or that there should be a higher exemption at the lower end of the price spectrum. I strenuously disagree.

This year was my highest earning year– it was the first time as a child or an adult that I wasn’t eligible for the Earned Income Tax Credit. I made a whopping $17,000 and change, which was matched by a somewhat lower return for my partner. In order to sell products at farmers’ markets, Rachel has recently purchased a car– another first for us. So raising the exemption on the car tax benefits us both as people at the marginal end of the income spectrum and now (gasp) as car owners. But just because something benefits us does not mean that it’s right.

There are many costs to life, and I do not begrudge people for the fact that they dislike paying the car tax. I don’t like paying for things that are expensive either. When we discussed owning a car, we were in full awareness that we’d have to pay a very high car tax, and we agreed as a couple that we would register the car in the city and pay that tax, instead of doing what some people do, which is to find a relative and cheat the system by registering it elsewhere. We agreed that if it came a time that we couldn’t afford to pay that tax any more, that was a sign that maybe we shouldn’t own a car. It doesn’t mean that we love paying a huge sum of money for the car tax. It means we’re mature people who recognize that not paying that tax doesn’t make the costs of car ownership go away. Shifting the costs away from us just means that someone else will pay through a loss of an important program somewhere else in the city budget.

I’d love to see the city target more money to lower income people. I grew up in a marginal income single family house, and at thirty, I still struggle economically. There are people even further down the ladder than I am, and some of them have additional burdens I don’t face. We should of course find creative ways to make our tax system less burdensome to people of low incomes. But why is the car tax always people’s chosen medium to accomplish this?

Why not lower property taxes– especially on multifamily housing and apartments, which are currently taxed at a higher rate (property tax rates go down under the proposed budget, but the Projo notes that the actual amount paid will go up due to higher assessments of properties in the city)? Why not get rid of multiple examples of exclusionary zoning, such as the zoning that was added to Ward 1 to make it less friendly to multifamily housing, and the zoning that excludes more than three students living in five and seven bedroom houses? Getting rid of exclusionary zoning would allow more affordable housing development, which would also bring in more taxes for the city.

Why not charge a surface parking tax, and use the money to lower taxes on the lowest rung of housing? We know that the particularities of parking mean that the wealthy owners of parking lots and garages– land speculators who aren’t contributing to the city– have to swallow the cost of a new parking tax. That money could be used to help lower taxes on things we want in our city, like housing or jobs. It could also be used to pay for things we like– better schools or transit.

Why not even lower commercial taxes on businesses below a certain threshold? The city has very high commercial taxes, and that means that we often have vacancies. Having a land tax to bring in revenue from big boxes might allow the city to lower costs on smaller businesses, and maybe even fill some vacant storefronts. Those vacancies are part of what makes it so necessary to own a car in the first place– there are fewer jobs and fewer shopping possibilities within distance of one’s house. What more grotesque example of the primacy of driving in our city could exist than Providence Place Mall turning the JC Penney’s across from the train station into additional parking. What exactly are people parking for, as this city of ours hollows out and loses things to visit day by day?

If the city has money to lower the car tax in the midst of a fiscal crisis, then why does it not have money for other social needs? Why can’t we start paying for better early childhood education? Why can’t we figure out a guaranteed minimum income supplement for local residents? Or add the the stipend low income people get for food stamps? Philadelphia recently worked with the private William Penn Foundation to subsidize bike share for low income residents. Providence is still trying to work out a start for its bike share. It costs $5 monthly for any food stamps recipient in Philadelphia to use unlimited bike share in the city. Every time I pay a full dollar to transfer to another bus for the last leg of a journey, I wish I could flash my food stamps card and get that deal.

The truth is that the reason we don’t put more money to schools, or to food security or public transportation or any other need is that if we called for spending on those things, we’d be laughed out of the room. There’s no money! What are you thinking?! But, of course, we have money to cut the car tax.

At the end of the day, we call this “Elorza’s” proposal, and I do not claim to know the internal politics. Lots of people don’t like the parking tax, all across the city, and all across the political spectrum. And why would they? It sucks to pay for things. Maybe the mayor faces pressure from city councilors, or this is part of a deal for something else. It’s still not a good idea. How can we be raising taxes on housing at exactly the time we’re lowering taxes on driving? But when our city has to put bonds out to do basic repaving work, as in the Taveras admin., that’s a sign that we’re running in the red. Why not let car owners pay the costs of roads, so that we don’t let those costs creep into the things we really want to share as a commons, such as our crumbling schools? People should contact their city council people and say that this is an unacceptable position.

No lower car tax. Not when we face such climate problems on our horizon. Not when there are so many other needs.

~~~~

Sanders’ Wall Street plan is ‘incoherent’ says Barney Frank


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2016-04-18 Barney Frank 01
Barney Frank

Former Massachusetts Representative Barney Frank was in Providence Monday morning campaigning for Hillary Clinton in the form of an interview with RI Treasurer Seth Magaziner. The Congressperson was the chairman of the House Financial Services Committee from 2007-2011 and the Frank half of the Dodd-Frank Act, a major reform of the financial industry signed into law under Obama.

Frank says that the United States is trapped in a vicious cycle: People have lost confidence in a government that responds to their needs, so they elect anti-government candidates who produce a government that is even worse than before. Frank believes that the only way out of this is to elect Hillary Clinton as president.

Bernie Sanders, says Frank, is being too critical of anything that falls short of his own lofty ideals. Frank thinks this is a mistake and strongly disagrees with this way of thinking.

“Almost every representative committed to progressive change is for Hillary Clinton,” says Frank, including the entire congressional LGBT caucus and every member of the Black caucus, save one. This isn’t because they are part of the “establishment” says Frank, but because they are committed to progressive change.

2016-04-18 Barney Frank 02
Seth Magaziner and Barney Frank

“If you tell people it’s either revolution or nothing worth fighting for,” says Frank, “you open up the not-voting behavior.”

As for taking money from Wall Street, Franks says that Sander’s idea that politicians taking money from businesses they want to change cannot be counted on “goes against every person I’ve ever served with.”

Frank then went into his experiences passing Dodd-Frank, which reversed 12 years of a Republican-controlled Congress loosening the regulations that controlled Wall Street. He noted Rhode Island Senator Jack Reed’s contributions to that process.

Sander’s promise to break up the big banks makes no sense to Frank. The problem “isn’t that institutions are too big, it’s that they had more debt than they could handle.”

Frank says that he helped pass legislation to prevent too much indebtedness. “AIG couldn’t happen today,” he says. He helped to outlaw sub-prime loans and increased the companies on-hand capitol.

“General Electric got out of the financial business because of these laws,” says Frank.

Under Frank’s legislation, regulators can look at a company’s holdings and in the event that it looks dangerous, can order divestment. Clinton’s plan to regulate Wall St would lower the bar for divestment, giving her enhanced authority to order divestment.

In contrast, says Frank, Sanders isn’t coherent on this issue. “How can you say something is too big if you don’t know what size it should be?” asks Frank.

“Hillary,” says Frank, “understands how it all works.”

2016-04-18 Barney Frank 03Clinton’s tax policy was also touched upon. As President she wants to tax high frequency stock trades and tax hedge funds as income. Frank objects to Sander’s “McCarthy-ite suggestion that she’s soft on these issues because of the money she accepts.”

Clinton will increase taxes on people making more than $1 million and especially those who make more than $5 million, says Frank.

When asked about health care, Frank was not in favor of introducing single-payer system, at least not quickly. “People need to be shown how this can be done,” said Frank. “I think Sanders will be a disaster [on health care],” says Frank, “People are not ready to have a tax increase to pay for universal health care.”

Clinton will crack down on big pharma pricing, prevent tax dodging of companies incorporating overseas and expand health care, says Frank.

Frank, who was among the first openly gay members of Congress, ended with some words on LGBT rights. “Though Sanders has always voted the right way on LGBT issues there is near unanimous support in the LGBT community for Hillary,” he said.

Clinton’s Supreme Court picks, Frank said, will help reverse the Hobby Lobby decision and uphold legislation, like the kind being worked on by RI Representative David Cicilline, to prevent private action discrimination against LGBT people.

One final note: Frank did say that if Sanders wins the nomination, “Of course I’ll campaign for him.”

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