Berkshire Senator Benjamin Downing. Also see Andrea Nuciforo, Denis Guyer. & Massachusetts State Senate President Therese Murray.

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Senator Benjamin Downing
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Senate President Therese Murray
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www.berkbiodiesel.com
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Senate President Therese Murray and Sen. Benjamin Downing listen to Lee Harrison during a tour of the biodiesel facility.

News Article
iBerkshires.com
Senate President Takes Tour of Biodiesel Facility
By Jen Thomas - November 29, 2007

PITTSFIELD - Though still in the planning stages, Berkshire Biodiesel LLC is ready to show the state that its willing to make a real impact in Western Massachusetts.

"With so many things going on globally, we need to get smart about how we're using energy," said Lee Harrison, executive vice president of Berkshire Biodiesel, before touring the site of the future biodiesel facility with Senate President Therese Murray, D-Plymouth, on Thursday morning.

Joined by state Sen. Benjamin B. Downing, D-Pittsfield, Harrison and Berkshire Biodiesel President and CEO J.Garth Klimchuk led Murray through what will be a $50 million biodiesel production facility, located at Crane & Co.'s Ashuelot Park. Expected to begin construction next year and begin operations in 2009, Berkshire Biodiesel will be the state's largest producer of biodiesel and will boast an output of 50 million gallons of biodiesel per year.

"If we're going to use biofuels, let's make them right here in Massachusetts," Harrison said.

Biodiesel is the result of a process that combines organically-derived oils with alcohol to create a renewable, environmentally-friendly fuel. According to Harrison, biodiesel cuts greenhouse gas emissions in half, reduces the release of sulfur and nitric oxide and makes the air cleaner. As a way to reduce reliance on foreign oil with no byproducts or waste products, biodiesel is a large part of the answer to tackling an impending energy crisis, said Harrison.

"We really need to get a hold of these problems and there are a lot of good things about biodiesel," he said. In a statement, he also said "This new industry is vital, not only to mitigate the ravages of global warming and to reduce air pollution and our reliance on foreign oil, but also to create new jobs and investment in Massachusetts."

The company plans to build two large manufacturing bays and offices on eight acres of land at the Pittsfield/Dalton site, as well as an additional seven acres allotted for construction of a rail line that will transport materials to the plant. The construction phase will employ approximately 100 people and the plant itself will create at least 30 permanent jobs.

Legislative Support

With a progressive alternative energy bill introduced this fall, the state Legislature is looking to ensure that 20 percent of the state's energy is generated by renewable sources by 2020, while also reducing greenhouse gas emissions by 20 percent in the same time period.

"The sky is falling and we have to do something," said Murray on Thursday.

With a standard built into the bill that would require all diesel and home heating fuel sold in the state to contain a minimum amount of renewable, biobased alternatives in their blends, Berkshire Biodiesel would be poised to thrive as an emerging biofuel producer.

"It's really exciting to be here and to see the facility," Murray said after her tour. "This is what we've been talking about. We need to find alternative energy sources. We're right here at the forefront and moving in the right direction."

The legislation that would make Massachusetts the first state to establish a biofuel standard for home heating oil passed through the House earlier this month and Downing and Murray said they expect the Senate to take up the energy plan in January.

With plans to utilize previously unusable farmland and pioneering new feedstock methods, Harrison and Klimchuk are eager to get their project moving into the next stages.

"We, as a country, should be shifting to renewable sources to reduce our dependency on fossil fuels and we're excited about being a part of that," Klimchuk said.

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Sherwood Guernsey II

www.berkshirebrigades.org
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"Biodiesel OK'd for rail redesign"
By Ellen G. Lahr, Berkshire Eagle Staff
Friday, December 07, 2007

DALTON — The Zoning Board of Appeals has given a crucial approval vote to Berkshire Biodiesel's plan to replace and redesign the old railroad siding that links the CSX-owned tracks to the refinery site in Pittsfield.

The board imposed two conditions: The tracks must be made available to other tenants who may eventually occupy the Ashuelot Park industrial development area, and Berkshire Biodiesel must maintain the tracks as long as the company is a business, ZBA Chairman Anthony Doyle said.

The 3-0 vote was taken Tuesday, he said.

The $50 million biodiesel production plant is proposed for the old Beloit Corp.'s research-and-development facility off Hubbard Avenue. The state Department of Transportation has awarded a $4.5 million grant to reconstruct the old siding now deemed inadequate by the CSX rail freight company, Doyle said.

The mile-long rail improvements are essential to the refinery because the plant will receive most of its raw materials by rail and will ship out much of the final product on freight trains as well.

"This is our lifeline," said Lee Harrison, executive vice president of Berkshire Biodiesel. "If we don't have rail, we don't have a project."

The plant is projected to begin operating in mid-2009, and is linked closely to pending state legislation requiring that biodiesel be included in home heating oil and diesel sold in Massachusetts.

By 2010, 2 percent of home heating oil and diesel would be biodiesel; by 2013, that number would rise to 5 percent.

Berkshire Biodiesel would processing restaurant grease, animal fat, vegetables oils and non-food crops, which the company hopes will be grown locally.

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"Downing Seeks Home Heating Tax Deductions"
iBerkshires.com - December 11, 2007

BOSTON - State Sen. Benjamin B. Downing, D-Pittsfield, has co-sponsored legislation to address the high cost of heating homes this winter season. The legislation was drafted by Sen. Michael R. Knapik, R–Westfield.

"At the top of every policymaker's priority list is to help ensure the necessities of living are available to all citizens," said Downing. "Home-heating costs are predicted to be very high this winter. This proposal will provide some financial relief to homeowners, and I am happy to lend my support its passage."

Modeled after a similar program ratified by the Legislature in the winter of 2005 and 2006, this bill, if passed, would allow income-eligible taxpayers to claim a deduction on their income taxes for the cost of home heating fuel up to a maximum of $800.

It requires that the deduction be used solely for the cost of home heating oil, natural gas, propane, electricity and wood fuel purchased between Nov. 1, 2007, and March 21, 2008. If the taxpayer does not take the full $800 deduction in taxable year 2007, the individual may take the remainder in taxable year 2008 for purchases made in 2008 through March 21, 2008. The deduction would be limited to individuals who make less than $50,000 per year and families with incomes up to $75,000 per year.

In related news, the state Department of Housing and Community Development is celebrating the 30th anniversary of the Low Income Home Energy Assistance Program. LIHEAP assists low-income individuals and families with the costs of heating their homes during the winter season.

On average, LIHEAP funds have helped more than 130,000 households annually across the state. In November, Gov. Deval Patrick signed a $15 million energy bill to provide heating assistance to low-income families that supplements the federal Low Income Home Energy Assistance Program.

This year, the program will provide fuel assistance to low-income individuals with annual incomes up to 200 percent of the federal poverty level, not to exceed 60 percent of the state median income, or $40,000 for a family of four. For more information, visit www.mass.gov/dhcd.

This legislation must be admitted by both the Senate and House of Representatives before being referred to a joint committee for consideration. Its sponsors will advocate for a timely public hearing at the State House. At that time, individuals may submit written testimony in support or opposition of the bill.

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The Cost of Health Care
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Gary Happ is the owner of Barrington Brewery in Great Barrington. (Caroline Bonnivier / Berkshire Eagle Staff)
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"Business owners pay the cost of health care: Paperwork, fees piling up"
By Jack Dew, Berkshire Eagle Staff
Monday, December 10, 2007

Gary Happ, owner of the Barrington Brewery in Great Barrington, could perform the alchemy that transforms water, malt, hops and yeast into beer, but when it came time to set up a Section 125 plan for his employees, his powers failed him.

As with hundreds of small businesses throughout Berkshire County and with thousands across the state, Happ is confronting the hoops and hurdles of health care reform.

There is a bevy of paperwork and new reporting guidelines to the state, and complicated calculations to determine where he fits under the law.

And he had to create a "Section 125 cafeteria plan" — a somewhat opaque name for a fund that allows employees to set aside pretax money from their paychecks to pay for health insurance and medical expenses.

"As a small-business owner, here comes the state and asks us to do the administrative work for this new law, with really no compensation," Happ said. "They put us in the middle, and it's another obligation on us."

The state's health reform requires every adult to have health insurance or pay a financial penalty. It also requires any employer with 11 or more full-time equivalent employees to offer a health plan or face a financial penalty.

Of Happ's roughly 30 employees, only five or six are full time, and only four are enrolled in his insurance plan. But he still had to inform all of his employees about their health options, including the Section 125 plan.

"From a small-employer's perspective, it's just more forms that an employer has to deal with. It's a little bit challenging, especially for someone in my age bracket who isn't as familiar with computers," he said.

'Extremely complicated'

Gary Kolbran, of Wheeler & Taylor Insurance in Great Barrington, has made himself an expert on the small-business ramifications of health reform.

He produced a 12-page guide that he distributed to clients, only to find that the law was changing so quickly that he had to issue an addendum.

"All along, I feel like the government has made it extremely complicated," Kolbran said, as with the Section 125 plans, which he called an "elegant way to get part-timers to pay less for their health insurance, but they didn't think about the ramifications on small businesses. I'm sure General Electric has a (human resources) department that can handle this. A small business does not."

Although the state spent money marketing new health plans to people and informing them of the mandate, it did very little outreach to small businesses, leaving that task to trade associations and chambers of commerce.

The Retailers Association of Massachusetts, with 3,000 members across the state, conducted two seminars in Berkshire County just to explain small businesses' obligations.

The Berkshire Chamber of Commerce also sponsored several conferences for its members.

But there are still businesses that know little or nothing about the law, including Jessica Rufo, who returned to the Berkshires from New York City and last summer opened Dottie's Coffee Lounge on Pittsfield's North Street.

Rufo does not have enough full-time employees to trigger the health insurance mandate, but said she knows "absolutely nothing" about the law's other requirements.

Unintended consequences

State Sen. Benjamin B. Downing, a Pittsfield Democrat, said not enough has been done to reach small businesses such as Dottie's. He and other members of the Berkshire delegation insisted that the state's Commonwealth Health Insurance Connector — the agency overseeing the implementation of the new law — hold an informational session in Pittsfield on Saturday to try to remedy that.

State Rep. Christopher N. Speranzo, D-Pittsfield, sits on the Community Development and Small Business Committee on Beacon Hill. He said health reform has had unintended consequences on the smallest of small businesses. It ended, for example, a state program that gave them a health insurance subsidy as both an owner and employee of the same business.

Jon Hurst, president of the Retailers Association of Massachusetts, said the reform should have done more to help small businesses.

Because every adult is now required to have insurance, Hurst said, businesses that offer insurance to employees are finding that more are signing up for programs, which is adding substantially to their costs.

To alleviate that, Hurst said, the state should allow small businesses to band together and buy insurance in bulk.

Otherwise, a large company with 1,000 employees pays less per employee than a restaurant with 12 insured people.

"We have 3,000 members, and we cannot legally aggregate them together and seek a discount," Hurst said. "We believe that is discriminatory and creates a situation in which premiums ... are far higher for the little guy than the big guy."

Both Speranzo and Downing said group purchasing — which would require action on Beacon Hill — deserves serious consideration.

"The Berkshire Chamber put together a consortium to buy energy and get lower costs with large demand," Speranzo said. "That's the right model, and it makes sense that businesses should be able to pull together to purchase health care."

To reach Jack Dew: jdew@berkshireeagle.com, (413) 496-6241

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The Berkshire Eagle - Editorial
Wednesday, December 19, 2007

"Here comes the sun"

Caretaker Farm in Williamstown, long a model of environmental consciousness, will continue to set a good example when it installs photovoltaic panels to provide 90 percent of the farm's electrical needs. Financing for the $100,000 project will come in large part from two state grants provided through the Renewable Energy Trust Fund, which, as state Representative Daniel Bosley, who announced the grant along with state Senator Benjamin Downing, observed, is a successful product of the state's energy restructuring efforts of 10 years ago. State money is well spent when it helps private entities like Caretaker Farm improve their operations while blazing a trail for others to follow.

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"Senate bill cuts hybrid credits: The energy legislation will be merged with the House's incentive-laden version"
By Matt Murphy, (Berkshire) Eagle Boston Bureau
Friday, January 04, 2008

BOSTON — The Senate appears poised to pass a pared down version of House Speaker Salvatore F. DiMasi's comprehensive clean energy bill next week, stripping out many tax incentives for consumers while leaving much of the bill promoting wind, solar and hydroelectric power intact.

The Senate version, released yesterday, eliminates tax incentives such as the $2,000 deduction for the purchase of new hybrid vehicle, or $300 for homeowners that install solar water heating systems.

It also includes new language that puts important carbon emission protections on the process of converting coal into gas that addresses the concerns of many environmental groups.

Senate Ways and Means Chairman Steven Panagiotakos, D-Lowell, said the state simply can't afford the expense of the hybrid tax break, and others, as it prepares to face a particularly lean budget cycle.

"We don't have the money. This is just the beginning of a lot of belt tightening as we go forward," Panagiotakos said.

The Senate bill also protects the state's Renewable Energy Trust, which funds clean energy projects with a 25-cent-a-month tax on utility bills. DiMasi, with the support of Gov. Deval L. Patrick, had proposed stripping the trust from the quasi-public Massachusetts Technology Collaborative and giving the spending authority to the governor's administration because of criticism that the trust had failed to produce enough clean energy.

Despite the changes made by the Senate, DiMasi spokesman David Guarino said the speaker is encouraged that 85 percent to 90 percent of the bill went unchanged.

Guarino said that the hybrid tax credits will likely be part of the "robust debate" in the conference committee that will work out the differences between the two branches.

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iBerkshires.com
"Democrats Plan Campaign Kick-Off in Pittsfield, Massachusetts"
January 06, 2008

PITTSFIELD – Democratic Party leaders will descend on Spice Restaurant on Friday to celebrate the Berkshire Creative Energy Showcase and Democratic Campaign Kick-Off.

U.S. Sen. John Kerry, Lt. Gov. Timothy Murray and state Democratic Party Chairman John Walsh will be the keynote speakers. The event, which begins at 5 p.m., is sponsored by Berkshire Brigades, the county Democratic organization.

"We are delighted that Senator Kerry will be joining us," said Lee Harrison, Berkshire Brigades chairman. "He's a great friend of the Berkshires and he has a lot of friends in the county. I know people will want to hear what he has to say about this incredibly exciting election and to participate in our Berkshire presidential straw poll, coming as it will just days after we have primary results from New Hampshire."

The New Hampshire primary is Tuesday, Jan. 8. The top candidates for the Democratic presidential nomination are currently U.S. Sen. Barack Obama of Illinois, U.S. Sen. Hillary Rodham Clinton of New York and John Edwards, former North Carolina senator and Kerry's running mate in the last election.

The evening will start out with a host of local companies, institutions and organizations involved the region's "creative economy" and renewable and alternative energy showcasing their progress.

Entities like the Colonial theater, Hancock Shaker Village, Massachusetts Museum of Contemporary Art, Jacob's Pillow, Barrington Stage, Massachusetts College of Liberal Arts, Topia Inn, Berkshire Biodiesel, the Williamstown Film Festival, the Center for Ecological Technology, Arrow Press, Quality Printing and others have already signed on, said Harrison.

"This is a celebration of the economic revitalization of the Berkshires and the part that the creative economy and clean, green, renewable energy are playing in that revival. It's a great way for the public to come and learn about these organizations," he said.

The showcase will run from 5 to about 6:30, when the campaign kick-off begins. The Democratic rally will include the speakers and presidential straw poll.

Berkshire Brigades Vice Chairwoman Sheila Irvin described the evening as a "good, old-fashioned" rally. Joining the keynote speakers will be notable Berkshire Democrats, including Rep. Daniel E. Bosley of North Adams and Sen. Benjamin B. Downing of Pittsfield.

"It's a new kind of event and one we think will be very well received," said Irvin.

Tickets for the event are $25 per person and can be purchased at the door. For more information: 413-441-2321 or victory2008@berkshirebrigades.org .

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"Lawmakers initiated 'pig fest'"
The Berkshire Eagle - Letters
Tuesday, January 08, 2008

In 2006, Massachusetts Inspector General Gregory W. Sullivan said, "40B has been a pig fest" for unscrupulous developers. Last month, December 2007, Christine McConville reported in the Boston Herald: "Developers shortchanged the town of Billerica to the tune of about $3 million by inflating a housing project's costs and understating its profits, according to a report released by the state's inspector general. As outraged town officials vow to recoup that money, Inspector General Gregory W. Sullivan is urging all Massachusetts communities that house the roughly 950 developments built under the state's controversial affordable housing law to thoroughly scrutinize project finances."

Sullivan testified, "This 40B scandal represents one of the biggest abuses in state history, in my opinion, in terms of dollars and oversight."

760 CMR 31.09 is a 2002 amendment to Massachusetts General Law 40B that invented a new "state building permit" which allows developers to build in violation of town zoning. For the past four years, similar developer-friendly laws, 40Q, 40R, 40S, 40T have been prepared anonymously and slipped in with the annual commonwealth budget as "outside sections."

State Senator Benjamin B. Downing, newly elected chairman of the Senate Committee on Ethics and Rules, could certainly find out who is behind this anonymous lawmaking. Real estate interests spend around two million dollars a year to influence our elected officials in Boston.

As a licensed Massachusetts real estate broker since 1986, my professional opinion is that the "pig fest" for unscrupulous developers is the result of a highly sophisticated scam run by our state government.

LEIF STEINERT
Stockbridge, Massachusetts

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"Local Business Owner’s Plight Prompts Legislative Action"
iBerkshires.com - January 09, 2008

Downing & Speranzo Seek to Amend State Uniform Procurement Act

Boston - Sparked by a local businesswoman’s concerns, State Senator Benjamin B. Downing (D-Pittsfield) and State Representative Christopher N. Speranzo (D-Pittsfield) jointly sponsored legislation to amend the Uniform Procurement Act for state government entities. The bill, modeled after an existing statute giving preference for locally grown agricultural products, would allow Massachusetts governmental bodies to establish preference for products and services rendered by local businesses.

“We are attempting to give an edge to deserving businesses in the Commonwealth, while retaining tax revenue, creating job growth and spurring local economy,” said Downing. “This is a commonsense measure that we hope will keep jobs in Massachusetts.”

Last month, Christine Canning-Wilson, CEO of New England Global Network, LLC., located in Lanesboro, contacted Downing and Speranzo with her concerns about the loss of state contract awards to out-of-state businesses. Using their expertise in education consulting, New England Global Network recently submitted a proposal for consideration through the RFR process vying for the state contract to update the civil service exam. Despite a comprehensive proposal and sterling reputation for test writing, New England Global Network, LLC was not awarded the contract. Rather, the contract was given to a Pennsylvania-based company, siphoning state tax dollars away from the Commonwealth’s economy and narrowing job creation opportunities.

“This bill will go a long way to ensure that qualified Massachusetts businesses have an opportunity to win contracts for essential state services and keep our tax dollars in the Commonwealth,” said Speranzo.

Of the filed legislation, Christine Canning-Wilson said, “I am so pleased with the swift response and action of Senator Downing and Representative Speranzo. This bill will benefit all Massachusetts businesses- especially small businesses- and is a great step towards improving the state’s economy.”

An Act to Amend the Uniform Procurement Act was filed on January 7th. Downing and Speranzo expect that it will be admitted by the Senate and House of Representatives and be referred to a Committee for consideration expeditiously.

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"Biofuels Task Force Plans Hearings in Lenox"
Staff reports - iBerkshires.com - January 08, 2008

LENOX - The state's new Biofuels Task Force will hold its first public hearing not too many miles away from the site of the planned $50 million Berkshire Biodiesel facility.

The task force will meet at Lenox Memorial High School, 197 East St., on Monday, Jan. 14,from 4 to 6:30 p.m.

The panel was created last fall to examine the use of biofuels and to make recommendations for legislation and regulations on their use and the development for an advanced biofuels industry.

The Legislature is working on a bill to promote the use of alternative energy, the Green Communities Act, and a bill filed last November would mandate the phased-in use of biofuels in heating oil and diesel fuel to reduce the state's carbon emissions and dependence on foreign oil.

Sen. Benjamin B. Downing, D-Pittsfield, was appointed to the task force in early December, just a week after he and Senate President Therese Murray toured what will become the Berkshire Biodiesel facility in Pittsfield. The task force was created through an agreement between Murry, House Speaker Salvatore Dimasi and Gov. Deval Patrick; each appointed three members.

The panel is chaired by Secretary of Energy and Environmental Affairs Ian Bowles.

As part of its work, the task force will develop a strategic framework to accelerate the research, development and deployment of commercially viable biofuels. Existing barriers to advancing biofuel innovation in the commonwealth will also be considered and legislative or administrative solutions to overcome those barriers will be filed by the task force with its final recommendations. The panel will also research the availability of federal grants for the advancement of biofuels.

The panel will accept oral or in written testimony at the hearing. There will be an opportunity to sign up for three-minute presentations at the hearing. Written comments will be accepted both before and after the hearing, but should be submitted no later than Jan. 31.

The next public hearing is scheduled for Jan. 17 at the State House, Room A-2, from 10 a.m. to 1 p.m. Two additional hearings are expected to be held in March.

Written testimony may be sent to:

Massachusetts Executive Office of Energy and Environmental Affairs
100 Cambridge St., Suite 900
Boston, MA 02114
Attn: Steven Clarke

Biofuels Task Force will file a report of its findings and recommendations with the governor and with the clerks of the House and Senate on or before March 31, 2008.

Expected to begin construction next year and begin operations in 2009, Berkshire Biodiesel will be the state's largest producer of biodiesel and will boast an output of 50 million gallons of biodiesel per year. Two other biodiesel plants are in the planning stages in Greenfield and Quincy. Officials say the price of biodiesel fuel will become more competitive as these plants come online.

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Advanced Biofuels Task Force members:

Chairman, Secretary Ian Bowles, Energy and Environmental Affairs
Assistant Secretary David Cash, Energy and Environmental Affairs (secretary's designee)
Sen. Benjamin B. Downing
Bruce Jamerson, CEO, Mascoma
David Davenport, Department of Revenue
Sen. Pamela Resor, D-Acton, Senate chairman of theJoint Committee on Environment, Natural Resources and Agriculture
Sen. Bruce E. Tarr, R-Gloucester, Senate assistant minority leader
Rep. Frank Smizik, D-Brookline, House chairman Joint Committee on Environment, Natural Resources and Agriculture
Rep. Brian Dempsey, D-Haverhill, House chairman Joint Committee on Telecommunications, Utilities and Energy
Rep. Bradley H. Jones Jr., R-North Reading, House minority leader

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"Open races put Mass. in spotlight: With both parties still seeking a nominee on Super Tuesday, the state will be more important"
By Jack Dew, Berkshire Eagle Staff
Thursday, January 10, 2008

Invigorated by topsy-turvy early primaries in Iowa and New Hampshire, Berkshire County political activists yesterday set course for the state's Super Tuesday voting.

The race for the Democratic and Republican presidential nominations remained wide open following Hillary Clinton and John McCain's victories in New Hampshire on Tuesday, fomenting optimism among political supporters of all stripes yesterday as they looked ahead to Feb. 5, when Massachusetts and 22 other states will vote.

"We really have a horserace now, and the primary means something," said Lee Harrison, chairman of the Berkshire Brigades, the countywide Democratic organization.

Massachusetts last year moved its presidential primary to Feb. 5, when states including New York, California and Missouri will be voting. Proponents of the move — which passed the Legislature with ease and was signed into law by Gov. Deval L. Patrick in November — argued that it would make Massachusetts a key stop on the road to the nomination.

The rollicking start to the primary season appears to be validating the move. With four contests on the Democratic side and five Republican races still to go before Feb. 5, a total of 406 delegates are at stake before Super Tuesday, when 3,156 will be up for grabs between the two parties.

The Berkshire Brigades will kick off its Democratic primary season on Friday night with an event at Spice, a downtown Pittsfield restaurant, where U.S. Sen. John F. Kerry, Lt. Gov. Timothy P. Murray and state Democratic party chairman John E. Walsh will rally the troops.

As in past primaries, the Brigade will not endorse a candidate, said Sherwood Guernsey, a former state representative and one of the organization's founders. Its members mirror the national picture, he said, supporting Hillary Clinton, Barack Obama and, to a lesser extent, John Edwards.

That marks a change from 2004, when Kerry's candidacy drew overwhelming support from the members of the Brigades, who rallied early behind their home senator.

State Sen. Benjamin B. Downing said the kickoff is perfectly timed, building on the momentum of early races.

"What we are going to have is a very chaotic, very interesting, and — hopefully — very informative race over the next couple of week," he said.

Mary O'Brien, former Middle Berkshire register of deeds and a member of the Democratic State Committee, spent Tuesday in New Hampshire holding a sign for Clinton at polling places. She spent most of the day thinking that the polls would be right and her candidate would to lose to Obama.

"We were standing out in Walpole, waving at passersby, and we got a fair number of thumbs up. I started to think, 'Maybe she won't do too badly,' " O'Brien said.

Now back in Massachusetts, O'Brien said she will continue to work for Clinton: "You canvas, you do phone banking, and you get out there and make sure that people know your candidate's strengths."

The Berkshire County Republican Association will likewise not endorse a candidate in the primary, but Executive Director Peter Giftos said support of the members appears divided between former Gov. Mitt Romney and Arizona Sen. John McCain.

Giftos — who supports McCain — said many Massachusetts Republicans continue to nurse a grudge against Romney for pushing aside former acting Gov. Jane Swift and then failing to build the party during his four years in office.

Matthew Kinnaman, also a member of the BCRA and a former candidate for Congress and the state Senate, is supporting Romney. He said he expects a vigorous, statewide campaign from the former governor, who so far has finished second in New Hampshire and Iowa but won the Wyoming caucuses.

"The whole process is full of twists and turns," Kinnaman said. "I think it gives us faith that anything can happen."

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iBerkshires.com - Staff reports - January 09, 2008
"Senate Passes Sweeping Energy Plan"

BOSTON – The Senate passed a sweeping energy bill late today designed to encourage the development of renewable energy and to promote energy efficiency and conservation.

The Act to Generate Renewable Energy and Efficiency Now, or GREEN Act, also allows municipalities to construct, own and operate small renewable energy generation sources.

A similar version of the bill, filed by House Speaker Salavatore Dimasi with the backing of Rep. Daniel E. Bosley, D-North Adams, passed the House in November.

The Senate unanimously approved the measure but not until after a number of changes were made. The House and Senate versions will likely be hammered out in a joint committee.

"This package contains many progressive initiatives to advance the renewable energy resources we believe will reduce rising energy costs and promote efficiency and conservation in Massachusetts,” said state Sen. Benjamin B. Downing, D-Pittsfield.

Downing was recently appointed to a Biofuels Task Force, charged to examine the use and implementation of biofuels and their regulation.

"Day after day, we hear about the skyrocketing prices of gas and home heating oil and more news about the changes in our climate," Senate President Therese Murray, D-Plymouth, said. "We cannot continue on this course if we expect to revitalize our economy and preserve our future. We need to reform our energy policies, and I believe the Senate's bill moves us in the right direction."

The bill promotes renewable energies by including initiatives such as updating the Renewable Energy Portfolio Standard to reach the goal of 20 percent renewable power resources by 2020. It also requires distribution companies to enter into long-term contracts for renewable energy to help renewable energy suppliers secure their place in the supply network.

The Senate version, however, dropped the $2,000 income tax-exemption Dimasi wanted for taxpayers who buy hybrid vehicles; Murray also resisted an attempt to weaken the Ocean Sanctuaries Act to make room for the controversial 120-turbine wind farm in Buzzard's Bay.

The act establishes new energy-efficiency standards by requiring distribution companies to obtain energy supplies using the method that costs the least. Known as "least-cost procurement," this change is designed to make energy efficiency, which officials say is two-thirds cheaper than building new power, compete favorably with new power generation. It will also help limit and reduce energy consumption.

For consumers, this reform seeks to level the playing field between utilities and ratepayers by strengthening the attorney general's power to act on behalf of ratepayers.

Supporters say the measure won't cost the state anything but there are concerns by some that power companies will pass on the costs of complying with it to ratepayers.

Senate Changes:

Murray said the state's fiscal condition isn't good enough to afford tax breaks for hybrid car buyers; the Senate does not include that House provision.

Eliminates the House initiative to remove environmental protections preventing the construction of a 120-turbine wind farm in Buzzards Bay, and instead inserts the Senate's Ocean Management bill that passed unanimously in September.

Keeps the Renewable Energy Trust Fund under the control of the Massachusetts Technology Collaborative. The trust, funded by a 25-cent tax on utility bills, would be moved to the governor's control in the House version.

Includes language authorizing the eligibility of coal gasification as an alternative energy source with two safeguards absent from the House bill. They are the permanent sequestration of carbon-dioxide emissions and a requirement that net emissions are no greater than those from the cleanest gas facilities.

The GREEN Act reform package also dovetails with other Senate energy initiatives, including the development of cellulosic ethanol produced with woodchips, cranberries and algae. Sen. Marc Pacheco,D-Taunton, has also proposed comprehensive climate change legislation, which the Senate is currently working on and hopes to bring to the floor later this spring.

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Please use the enclosed envelope or send your reply to: Berkshire Brigades, 69 E. Housatonic St., Pittsfield, MA 01201.
The Deadline is Jan. 3, 2008.
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Dear Democrat:
Berkshire Brigades cordially invites you to our
“Berkshire Creative Energy Showcase” & 2008 Democratic Campaign Kick-Off
on Friday evening, Jan. 11, 2008, at Spice, 297 North St., Pittsfield
From 5:00 p.m. – 6:30 p.m. local companies, institutions, and organizations involved in the Berkshire Creative Economy (arts, theater, music, etc.) and/or Renewable Energy (wind, biodiesel, etc.) will host tables upstairs at Spice to showcase their programs, initiatives, and products, which are the very foundation of the economic
revitalization of the Berkshires. The Colonial Theater, Hancock Shaker Village, Jacobs Pillow, Mass College of Liberal Arts, Topia Inn, Berkshire Biodiesel, The Williamstown Film Festival, and others have already signed on.
This part of the evening is strictly a celebration of the economic revitalization of the Berkshires and the part that the creative economy and clean, green, renewable energy are playing in that revival. There is no cost to the participants. And this will be a great way for folks involved in the creative economy and renewable energy to meet and chat with their Lt. Governor, Congressman, State Senator, State Representatives, State Democratic Party Chair, and Pittsfield Mayor Ruberto. So if your organization would like to host a table – or if you know of organizations that would – please contact us.
Then from 6:30 p.m. – 8:30 p.m. we’ll kick off the critical 2008 Campaign with a good old-fashioned Democratic rally. Lt. Governor Tim Murray and John Walsh, Chairman of the state Democratic Party, will join us along with Congressman John Olver and State Senator Ben Downing. Gov. Deval Patrick and Sen. John Kerry
have also been invited.
Tickets for the event are just $25 per person.
It’s impossible to overstate the importance of the 2008 election. Individual rights, human rights, health care, our national economy, The Iraq War, how we combat global warming – and indeed our very future – depend on electing a Democratic President and Congress. So let’s kick off the 2008 Presidential Campaign in a big way.
We hope to see you Jan. 11. Please use the form below to RSVP today.
Benjamin B. Downing
State Senator
Berkshire, Hampshire & Franklin District
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�� YES, I/We will attend be there. I’ve enclosed $______ ($25 per person).
�� No, I cannot attend, but I’ve enclosed a donation of $ ______________.
Name: _____________________________ Email: _____________________________
Street: _____________________________ City: __________________ Zip: ________
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"Kerry Urges Change at Berkshire Rally"
By Jen Thomas -iBerkshires.com- January 12, 2008

PITTSFIELD - More than 200 Berkshire County Democrats made their voices heard at a rally on Friday night and their message was clear - America needs change.

Joined by Sen. John Kerry, Lt. Gov. Timothy Murray and members of the Berkshire delegation, local Democratic supporters gathered at Spice restaurant to demand a new direction for the nation, which would begin by electing a Democrat into the White House.

"Together with a Democratic president, we're going to be able to finally move this nation forward," said Sen. John Kerry during a speech punctuated by the crowd's cheers and shouts of agreement as keynote speaker of the Berkshire Brigades' Democratic Campaign Kick-Off.

"It's going to take a Democratic movement."

Though he endorsed Ill. Sen. Barack Obama at a rally in South Carolina on Thursday, Kerry called upon county Democrats to support the party in general because "it's not about partisanship or ideology."

"It's coming to be one of those critical moments in our history where we get to register our hopes for the future. No matter what happens at the end of this, I know the Democrats are going to get together and select a Democratic president," Kerry said.

Specifically naming the Iraq War and global climate change as key issues in this year's presidential election, the senator said a Democrat in the Oval Office would give the Congress the power it needs to truly facilitate change.

"Now more than ever, this election is about common sense, about our country, about how you move everyone forward together," he said.

As part of the night's event, Kerry toured the "Berkshire Creative Energy Showcase," a demonstration of the Berkshires' leadership in both the creative economy sector and in developing alternative and renewable energy sources. Shown tables hosted by, among others, the Topia Inn, Barrington Stage Company, Berkshire Biodiesel, the Center for Ecological Technology and the Williamstown Theater Festival, Kerry commended the region for its ability to look ahead.

"The creative economy and renewable, green energy is not jus the future of the county; it's the future for the country," he said.

Lee Harrison, the chairman of Berkshire Brigades and executive vice president of Berkshire Biodiesel, said electing a Democrat president would be "the end of our long national nightmare."

"It is one year and nine days from Jan. 20, 2009 - that's Bush's last day in office and that marks the end of this nightmare because we're going to elect a Democrat president. Have no fear; it's going to happen," Harrison said.

Following pleas from representatives for each major Democratic candidate - including rousing speeches from Rep. Daniel Bosley, D- North Adams for N.Y. Sen. Hillary Clinton and Sen. Benjamin Downing, D-Pittsfield, for Obama - the rally's attendees named Obama their choice candidate in a straw poll.

With 91 votes, Obama took the honor. Clinton received 63 votes; Edwards, 36; Dennis Kucinich, 15; Mike Gravel, 1.

Saying he's supported Obama since his 2004 run for Senate, Downing told the audience he was "inspired" by Obama's message of change.

"We are the party of change. I think that this time, with these challenges we face, we don't need the same old, same old. We don't need the solutions of yesterday. We need change for tomorrow," he said in his speech.

"There's a lot of work still to do, but we have a real chance to be part of an Obama sweep in February (in the Massachusetts primary)," Downing said after the results of the straw poll were revealed.

For Harrison, Friday's rally is just one step to a whole new world.

"We cannot go on in the way we are for much longer. We need to have change - for our children, our grandchildren and our environment. And that change will come in the form of a Democratic president," he said.

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Sen. John Kerry speaks with the city's Director of Cultural Development Megan Whilden during the "Berkshire Creative Energy Showcase."
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Sen. Benjamin Downing spoke passionately about endorsing Barack Obama for president.
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Lt. Gov. Timothy Murray advocated grassroots work to recruit more voters in 2008.
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www.iberkshires.com/story/25671/Kerry-Urges-Change-at-Berkshire-Rally.html
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Donor: Andrea F. Nuciforo, Jr., Contribution: Updated Q2/2007 Barack Obama $1,500, 2008., Address: 74 NORTH ST, Pittsfield MA.
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www.fundrace.huffingtonpost.com/neighbors.php?type=name&lname=Nuciforo
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Did you know that $16,626 was donated in this donor's zip code (1201)? Click here to find out how much was given and to who.
$$$$$
http://fundrace.huffingtonpost.com/neighbors.php?type=loc&addr=&zip=01201&search=Search
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"In a muddled field, Obama standing out"
Alan Chartock, Weekly Berkshire Eagle Political Op-Ed Column
Saturday, January 12, 2008
GREAT BARRINGTON, Massachusetts

So answer me this, Riddler. How in the world did Mitt Romney ever get to be governor of this commonwealth? The answer is that he was perceived to be better than the unfortunate creatures the Democrats put up. When the Democrats finally put up a solid, decent, charismatic candidate — Deval L. Patrick — he won.

The New Hampshire voters were bombarded by Romney ads, but he just couldn't make it work. Now, a very slow-on-his-feet John McCain has eaten his lunch. Obama was flanked by young people filled with hope.

McCain had Wilford Brimley behind him. He also was helped by editorial endorsements from two very powerful New Hampshire newspapers that just seem to hate Romney's guts. They paint a picture of a flip-flopper of the first order who will do whatever he wants to win and who hires the best scriptwriters money can buy and then just sticks to the latest script.

The Republican field is just getting more and more interesting. Rudy Giuliani was once the front-runner, but his stock keeps on going down.

Considering Giuliani's tough-mouthed approach to politics, I have at least one good friend who says that, if Giuliani becomes president, he and his wife are going to Canada. Giuliani is the mean guy who will protect us from the omnipresent "them." The problem for poor Rudy is that all his past sins are catching up with him. His ex-wives and kids don't like him, and the people that his firm — Giuliani Associates — has been representing have not been fully subjected to the smell test. His advocacy of Bernard Kerik as the homeland security top dog (accepted by the president) is really scary and, inevitably, there are questions put to Giuliani about Kerik, such as, "What did you know about Kerik, and when did you know it?" Rudy is in bad shape.

Americans seem to be sick and tired of the professional political class, who think more about getting elected than about governing or policy. That's been Hillary Clinton's downside and one reason why, despite her comeback in New Hampshire, so many people distrust her. She is surrounded by a Praetorian guard, a bunch of professional political operatives who think out every word and every nuance to the point that, when Hillary finally shows emotion and sheds a tear (genuine or not), a lot of people refuse to believe her.

On the other hand, I have friends who say that it was at the point when she expressed emotion that they switched to her.

And along comes Barack Obama promising change, hope and possibilities to the people of America, who need to believe in something, and bam, the people eat him up. A huge number of young people turned out in Iowa. Indeed, the man has caught the wave.

Hillary mistakenly assumed that she could get the nomination by borrowing a number of moves from Bill Clinton's play book. For example, she is true to form in her ability to triangulate. Assuming that she had the nomination won, Hillary moved to the right as fast as she could.

Her vote for the war was hardly courageous, but I'm sure that she did not want to go against the patriotic tide that was sweeping the country as President Bush blew the horns and sounded the cymbals. This allowed Obama to circle around her back and to become competitive.

Hillary's second mistake is her use of Bill Clinton. The former president is one of the most engaging of all people, but the Hillary campaign has him under very tight wraps. They want him to be arm candy — to smile and keep his mouth shut. When he wandered off in a supermarket, they lassoed him and brought him back like a bad little boy. How demeaning.

Hillary is making the same mistake that Gore did when he lost/won the presidency. He tried to distance himself from Bill, and that was the end of the game for Gore. If he had put his arm around Bill, he would be president.

Of course, this is just the beginning. The big Super Tuesday primaries are coming up on Feb. 5, and Hillary has an excellent chance in all of them. If she stays the course, she has the opportunity to win over Middle America. She would be the first woman candidate, and that is no small thing. She has Bill as a solid weapon, and she has to work on her accessibility.

As for me, I'm voting for Obama. He's my man.

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"State Pushes Up Primaries"
By Jen Thomas - iBerkshires.com - January 14, 2008

With primary elections in the state pushed up more than a month this year, the deadline for voter registration is fast approaching.

Jan. 16 is the last day to either register to vote in the Feb. 5 primary or to change party affiliation. Town and city clerks' offices will be open until 8 p.m. on Wednesday, per state law, and requires only filling out a short form in person.

"It's a really simple process. Just fill out a form, get a signature and it's done," said Adams Town Clerk Paul Hutchinson.

Those registered as unenrolled (independent) voters will have their choice of four ballots on primary election day - Republican, Democrat, Green-Rainbow and Working Families. Nearly 50 percent of registered voters in the state declare no party affiliation and this is the first year that independents have been able to vote in the presidential primary without changing their status.

"If you're unenrolled and you go in to vote, you're asked which ballot you want. In previous elections, once you voted in the primary, you were enrolled in that party until you re-registered," said William Francis Galvin, secretary of the commonwealth, as reported in Boston's Weekly Dig. "Almost half of Massachusetts voters are unenrolled, for various reasons. This makes it attractive to them to participate in a primary without having to declare a party affiliation."

"People guard their unenrolled status very closely. This makes it easier for the voter," said Hutchinson.

Williamstown Town Clerk Mary Kennedy said she'd fielded many questions about voting with an unenrolled status but she'd also seen more residents embrace not having an affiliation with any specific party.

"I've had a significant amount of Republicans come in and change to Democrats or unenrolled," Kennedy said. According to The Boston Globe, 48.7 percent of Williamstown's registered voters are listed as unenrolled.

Joining 23 other states on Feb. 5, Massachusetts will be part of the largest "Super Tuesday" in history.

"We'll have more of a say in the presidential selection process than if we did it in March," said Hutchinson.

With less than a week to register, several state officials and organizations are trying to get the word out about the importance of registering to vote.

"It is extremely important to vote," said state Rep. Daniel E. Bosley, D-North Adams, at Friday's Democratic campaign kickoff in Pittsfield. "We try to educate, we try to get people involved but the best way to get people out is to have exciting candidates and vibrant elections. Luckily, that's what we have."

"We have to create excitement. We have to draw those lines between politics and other fields and come to see politics as part of our day-to-day lives. What we have to make those connections," said state Sen. Benjamin B. Downing, D-Pittsfield, at the same event.

"Voting is what the whole country is predicated on, the ability to choose your own leaders," Hutchinson said. "The question is, will the people come out?"

Kennedy added that the 2008 presidential election would draw more attention than past years - "There are no incumbents sitting there," she said - but she was concerned weather might be a factor in voter turnout.

"We usually have a good turnout, especially for presidential elections, but weather might have a big impact on who makes it out in February," she said.

While the presidential race is sure to dominate interest well into November, Hutchinson noted that local elections affect Berkshire life much more directly.

"You have much more power in voting in town elections," he said. "We all come out for the presidential races but the best way to get your voice heard is to vote in the community election."

A full list of poll locations will be available on iBerkshires.com at as the presidential primary nears. For more information on voting in Massachusetts, go to www.votinginfo.info/

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"Insurance proposal leaves legislators mixed: Should state workers' insurance go up?"
By Robert Mills and Hillary Chabot, Berkshire Eagle Boston Bureau
Tuesday, January 15, 2008

BOSTON — Increasing the contributions that state employees are required to pay for their health insurance is an idea that has been floated before, but the Legislature has always sunk it.

Gov. Deval L. Patrick is preparing once again to propose a measure that would raise some state employees' health insurance contributions as part of his proposed fiscal 2009 budget, due to be released by the end of the month, according to an administration source who asked to remain anonymous.

Local legislators were mixed on the merits of the idea, but fiscal watchdog Michael Widmer, executive director of the Massachusetts Taxpayers Association, called the proposal a fair adjustment.

"This would bring consumers into the cost-control efforts. If health care is free or doesn't cost much, they don't care what they spend, but if they are taking on more of the burden (employees) might be more conservative," he said.

Although the changes could save the state $51 million, the move could be met with resistance from union officials, some local legislators said.

State Reps. Christopher N. Speranzo, D-Pittsfield, and William "Smitty" Pignatelli, D-Lenox, both said that similar proposals have been made in the past by Republican governors, only to be shot down in the Legislature.

"Health care is the tiger we just can't get a noose around," Pignatelli said, adding that the collective bargaining might stop the proposal in its tracks. "Everyone's costs have risen dramatically."

Most state employees now pay 15 percent of their health insurance costs, with the state picking up the other 85 percent. Patrick will propose increasing that contribution to 20 percent for employees who make between $35,000 and $50,000 per year and increasing it to 25 percent for employees who make more than $50,000, according to an administration source.

Those who make less than $35,000 per year would continue contributing 15 percent, and about 6,000 employees who currently contribute 20 percent but make less than $35,000 per year actually would receive a 5 percent reduction in their contribution under the governor's proposal, the administration source said.

Roughly 37,000 people would see their insurance costs climb by 10 percent.

State Sen. Benjamin B. Downing, D-Pittsfield, said lawmakers should be more open to the proposal.

"I give the governor credit looking for savings and efficiency anywhere he can. We in state government should do everything we can to make sure we spend taxpayer dollars as efficiently as possible," Downing said.

Pignatelli said state officials should pressure Blue Cross Blue Shield to join the general insurance commission to lower costs and options for state employees.

All legislators agreed that there will be tough decisions to be made with a projected $1.3 billion budget.

"I think it's another sign of the difficult budget we have facing us and the difficult choices ahead," said Speranzo, who sits on the House Ways and Means Committee.

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Beacon Hill Roll Call- Friday, January 18, 2008

Boston - THE HOUSE AND SENATE. There were no important roll call votes in the House or Senate during the week of January 14-18, 2008.

Beacon Hill Roll Call has obtained the official list from the state treasurer's office of "per diems" collected by the 40 state senators in 2007 for mileage, meals and lodging expenses. The list reveals that senators have collected a total of $107,444. Per diems are paid by the state to senators "for each day for travel from his place of residence to the Statehouse and return therefrom, while in the performance of his official duties, upon certification to the state treasurer that he was present at the Statehouse."

The amount of the per diem varies and is based on the city or town in which a senator resides and its distance from the Statehouse. These payments are not taxable and range from $10 per day for senators who reside in the Greater Boston area to $90 for some Western Massachusetts lawmakers and $100 for those in Nantucket. Senators who are from areas that are a long distance from Boston's Statehouse often are the ones who collect the highest total of annual per diems.

The Legislature in 2000 approved a law doubling these per diems to the current amounts. Supporters of the hikes defend the raise and note that the per diems had not been increased for many years despite the rising costs of travel, food and lodging. Some opponents said that the hikes were excessive while others argued that the very idea of paying any per diem is outrageous when most other private sector and state workers are not paid additional money for commuting.

These per diems are paid to senators above and beyond their annual salaries which in January 2007 were raised 4.8 percent from $55,569.41 to $58,236.74 under the terms of a constitutional amendment approved by the voters in 1998. The amendment requires legislative salaries to be increased or decreased biennially at the same rate as the state's median household income for the preceding two-year period - as ascertained by the governor. All 40 senators also receive additional stipends ranging from $7,500 to $35,000 for serving as committee chairs or in other leadership positions.

The 2007 statistics indicate that 29 senators have received per diem payments ranging from $250 to $11,340 and that 11 senators have so far chosen not to apply for any money. State law does not establish a deadline that senators must meet in order to collect the per diems.

The senator who received the most per diem money in 2007 is freshman Sen. Benjamin Downing (D-Pittsfield) with $11,340. Downing is one of 40 senators but he received more than 10 percent of the total per diems collected in 2007 by all 40 senators. The other recipients in the top ten include Sens. Michael Knapik (R-Westfield) $8,976; Stanley Rosenberg (D-Amherst) $8,460; Stephen Brewer (D-Barre) $6,795; Robert O'Leary (D-Cummaquid) $6,500; Harriette Chandler (D-Worcester) $5,400; Richard Moore (D-Uxbridge) $5,148; Joan Menard (D-Fall River) $4,824; Gale Candaras (D-Wilbraham) $4,740 and Steven Panagiotakos (D-Lowell) $4,160.

ALSO UP ON BEACON HILL

BAN HAND-HELD CELL PHONES (H 4477) - The House gave initial approval to a bill abolishing a current law that allows drivers to use cell phones as long as one hand remains on the steering wheel at all times. The legislation bans all drivers from using hand-held cell phones while driving but allows drivers over 18 to use hands-free ones. The measure bans the use of any type of cell phone by drivers under the age of 18. It also leaves intact a current law that allows use of a CB radio as long as one hand remains on the steering wheel at all times. Penalties on drivers over 18 include a $100 fine for a first offense, $250 for a second offense and $500 for subsequent ones. Drivers under 18 would face the same fines as those over 18 but would also be subject to suspension of their license for 60 days for a first offense, 180 days for a second offense and one year for subsequent offenses. Some 16 amendments have been proposed to the measure and are likely to be considered soon.

SUDDEN INFANT DEATH SYNDROME ADVISORY COUNCIL (H 1678) - The House approved legislation creating the Sudden Infant Death Syndrome (SIDS) Advisory Council. The council would be the focal point for many of the issues surrounding SIDS. The bill also names the proposed law The Paige Victoria Perry Act in honor of a two-month old girl who died of SIDS in 2006. Paige was the granddaughter of Rep. Jeffrey Perry (R-Sandwich), the sponsor of the bill.

ALLOW TOWN MEETINGS IN JUNE (H 1943) - The House approved legislation allowing towns to hold their local elections and town meetings in June. The bill would expand a current law that allows these events to be held only in February, March, April or May.

RAISE CAP ON RETIREES' ALLOWABLE EARNINGS (H 4341)- The House approved a bill allowing retired public state and local employees to continue working in public jobs as long as the combination of their pension and new salary does not exceed by more than $15,000 the salary they earned when they retired. Current law prohibits the combination from exceeding the salary at retirement and does not allow the additional $15,000. Supporters said that many retirees cannot live on their pensions and should be allowed to earn more money than is permitted under current law. The House and Senate approved a similar bill in 2006 but it was vetoed by former Gov. Mitt Romney. The Legislature did not override Romney's veto.

SCHOOL BUS DRIVERS (H 4396) - The House approved a measure that would require school bus drivers to complete a basic course in first aid. Successful completion of the course would add these drivers to the list of school personnel currently exempt from civil liability arising from their rendering first aid in good faith to a sick or injured student.

ARREST CHILD SUPPORT SCOFFLAWS (H 113) - The House approved a measure requiring courts to issue a warrant for the arrest for any person who has left Massachusetts and gone to another state without making reasonable provisions for the support of his spouse or child.

LUNG AND THROMBOSIS MONTH - The House passed a Senate-approved bill designating the month of November as lung cancer awareness month (S 1871). The Senate passed a House-approved measure declaring the month of November as Thrombosis Awareness Month (H 4288).

MOTORCYCLE HELMET LAWS (H 3428) - The House rejected legislation repealing the current state law requiring all motorcycle drivers and passengers to wear helmets. The bill would require only those under 21 to wear helmets.

MOTORCYCLES IN BREAKDOWN LANE (H 3493) - The House rejected a bill that would allow motorcyclists to use the breakdown lanes when heavy traffic causes vehicles in regular lanes to slow down to ten miles per hour. The cyclists would be limited to traveling 20 miles per hour and required to yield to emergency and disabled vehicles.

BAN SMOKING IN CARS WITH CHILDREN (H 3486) - The House rejected a proposal making it a crime for drivers or passengers to smoke when a child under 18 is in the vehicle.

MISUSE OF DISABLED PARKING PLACARDS AND MORE (H 4220) - The Public Safety and Homeland Security Committee held a hearing on legislation that would strengthen penalties for falsely using a disabled parking placard. The measure imposes up to a $500 fine and five years in prison. The measure was filed by Gov. Deval Patrick who said that a recent investigation showed than some 50 people regularly use placards registered to deceased individuals and 300 placards are used by someone other than the disabled owner. The committee's agenda also included a proposal establishing the Massachusetts Missing Child Clearinghouse - a state wide database of missing children to be used by law enforcement and the public (S 2350). The measure also prohibits any law enforcement agency from requiring a waiting period before accepting a missing person report. Other legislation before the committee included banning police motor vehicle chases in any residential area (H 3802) and banning chain link metal basketball nets in public parks, playgrounds and recreation centers (S 1419). Companies that sell these metal nets say that they are sturdier than nylon ones and also discourage vandals from stealing them. Opponents say that metal nets are very dangerous and point to the injuries sustained by a young Walpole girl who was playing basketball with her friends and seriously injured her hand on an open chain link.

ELECTRIC SHOCK THERAPY - The Mental Health and Substance Abuse Committee heard testimony on a bill to restrict and regulate the use of aversive therapy including electric shock, corporal punishment, aromatic ammonia and Tabasco sauce on disabled students (S 1123). The committee is also considering a proposal completely banning the use of these techniques (H 109). The testimony was heated and emotional. Supporters of the techniques argued that these therapies have been successful and argued that patients who receive this treatment often fare better than those using psychotropic drugs. Opponents of the techniques said these therapies are barbaric and unfair to use on any child.

QUOTABLE QUOTES
"It was clear that if this activity continued, that there would be repercussions."

From a State House News Service story quoting Rep. Peter Koutoujian (D-Waltham), House chair of the Public Health Committee, following a private meeting at which House Speaker Salvatore DiMasi told his leadership team that members should stop campaigning to succeed him as speaker. DiMasi said that he currently has no plans to leave the job that he has held since 2004. Majority Leader John Rogers (D-Norwood) and House Ways and Means chairman Robert DeLeo (D-Winthrop) have been lining up support for the job.

"The pharmaceutical industry spent $29 billion on promoting and marketing prescription drugs in 2005. Of that, pharmaceutical companies spent more than $7.2 billion marketing directly to physicians, which is an average of about $8,800 per physician per year. Studies show that gifts from pharmaceutical companies to prescribers inherently impact prescribing decisions."

From a press release from the Massachusetts Prescription Reform Coalition, a group that says it is working to ensure affordable prescription drugs for everyone.

"The House convened at 11:03 a.m. with Rep. Donato presiding and Rep. deMacedo attending. Members and guests stood and recited the Pledge of Allegiance. The House adjourned at 11:04 a.m. to meet next on Tuesday at 11 a.m. in an informal session."

From a State House News Service story summarizing the 60-second House session of Monday, January 14 - the day of the year's first snowstorm.

HOW LONG WAS LAST WEEK'S SESSION? Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legislature's job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, constituent work and other matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been filed. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session.

During the week of January 14-18, 2008, the House met for a total of four hours and 45 minutes while the Senate met for a total of 17 minutes.

Mon. Jan. 14 House 11:03 a.m. to 11:04 a.m., Senate 11:05 a.m. to 11:10 a.m.

Tues. Jan. 15 House 11:00 a.m. to 11:35 a.m., No Senate session.

Wed. Jan. 16 House 11:00 a.m. to 2:45 p.m., Senate 11:06 a.m. to 11:12 a.m.

Thurs. Jan. 17 House 11:04 a.m. to 11:42 a.m., Senate 11:00 a.m. to 11:06 a.m.

Fri. Jan. 18 No House or Senate session.
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Bob Katzen welcomes feedback at bob@beaconhillrollcall.com

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"Boston Senator to get award"
By Matt Murphy, Berkshire Eagle Boston Bureau
Friday, January 18, 2008

BOSTON — Sen. Benjamin B. Downing, a first-term Democrat from Pittsfield, picked up some high praise yesterday when he was named "Legislator of the Year."

The Massachusetts Association of School Committees named Downing the top legislator, citing his work on health insurance as a key for helping school districts rein in costs.

"Sen. Downing's commitment to both public education and health care issues demonstrates the kind of forward looking, socially conscious, and fiscally responsible qualities we look for in our legislative leaders," said Joseph Santos, president of the MASC.

Downing, as a member of the Committee on Public Service, last summer helped to shepherd Gov. Deval L. Patrick's group insurance option for cities and towns through the Senate.

The legislation allowed communities to join the state's Group Insurance Commission, joining with the state for increased buying power that has proven able to drive down the escalating cost of health insurance.

"It was a pleasant surprise," said a humble Downing.

"It's not what you're in it for, but if you do the right work and work hard enough and well enough, people will point it out once in awhile," he said.

Downing will receive his award at a legislative forum for Berkshire County school committee members in Dalton on Monday night.

Downing shares the honor with his House colleague Rep. Geraldine Creedon, a Brockton Democrat, who was also named "Legislator of the Year" by the MASC.

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State Senator Benjamin Downing spoke about plans for the coming year in state government. (Gillian Jones/North Adams Transcript)
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"Downing praises North County's potential to grow"
By Jennifer Huberdeau, North Adams Transcript
Saturday, January 19, 2008

NORTH ADAMS — State Sen. Benja- min B. Downing, D-Pittsfield believes that the next step in furthering the success of the creative economy in North Berkshire lies in retaining the young people that Williams College and MCLA are bringing to the area.

The freshman senator from Pittsfield praised the Massachusetts College of Liberal Arts during an editorial board meeting at the Transcript Friday afternoon, in which he talked about the need to strengthen the creative economy in North County and a primary focus on bringing broadband to all of his 48 communities.

"Northern Berkshire has an incredible advantage with MCLA and Williams to capture the young college student and keep them here," Downing said. "Ever- yone else is jealous that North Adams has MCLA. If Mayor Jim Ruberto could steal the college away and bring it to Pittsfield he would."

A main priority this legislative season, he said, is to get either the higher education bill or life sciences bill, both which hold funding for a new science center at MCLA, passed and signed into law.

"All we have to do is look over the border to Albany to see all the investment that is being made," he said. "It's the result of that area consciously investing in education to build a workforce that will be able to sustain those jobs. Unless we begin developing a similar strategy, that won't happen. A science center at MCLA does just that — it promises a skilled workforce."

Downing said that he sees the Massachusetts Museum of Contemporary Arts remaining as a driving force within the creative economy, but that it will now play a different role than it has over the past nine years.

"It's a hope," he said. "Now is the time that it will draw individual workers in the creative economy, individual institutions and creative enterprises that will locate here because of the museum. It holds a lot of promise."

He said one obstacle North Berkshire has to overcome is an invisible divide.

"Too often it is said that North County is either Route 7 or Route 8," Downing said. "That has to end. There needs to be collaboration. I don't think our fut- ure is in attracting a Toyota plant here. It's in fostering the small business with three employees and helping it grow into one with 12 employees. It's about looking at what we have and growing off of that."

The senator said three key items will help grow the economy locally — the new science center, incentives to bring more energy choices to this end of the state and getting the broadband bond bill passed.

"I think we might be able to get this bill passed before this Legislative session is done," Downing said. "It's vitally important not only to my towns in Berkshire County, but also those I serve in Hampden and Franklin counties. While it might not draw in businesses to the area, it will draw the workers who want to be able to live here and still be able to access their work."

He said he's heard numerous complaints that executives living in the area can't lead video teleconferences because of a lack of broadband access.

"Of the 48 communities I serve, only half of them have full or partial access," Downing said. "Twenty-four have no access at all. It's not my goal to have every kid in my district googling non-stop, but it is important to the workers, the businesses and public safety."

While the more populated areas tend to have broadband access, he said that it is not enough.

"The key is to sell the Berkshires as a region - the cultural aspects and quality of life," the senator said. "Not everyone lives in North Adams and Pittsfield. We're talking about the viability of small communities and the rural way of life. This bill provides a platform for leveling the playing field."

Gov. Deval Patrick's broadband bill has earmarked $25 million to help build the "last mile" of infrastructure to bring service to underserved and unserved areas.

"The money is going to go to the unserved communities first — all of which are out here," Downing said. "It's going to have to be a collaboration of private and public funding to complete what needs to be done."

While he said there is a need to find additional revenue sources to help fund the commonwealth and its 351 municipalities, the senator is not in favor of legalizing casino gambling.

"I don't think opening the door to legalized gaming is smart, and I don't think it's sustainable," Downing said. "I think we can do better than casinos that also bring a host of social ills with them. The governor will say that they will bring 30,000 construction jobs, but I think we can find another way to bring them."

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"An ambitious budget"
The Berkshire Eagle - Editorial
Thursday, January 24, 2008

Governor Deval Patrick yesterday released an ambitious budget for difficult economic times, one that counts heavily upon $300 million in licensing fees for theoretical gambling casinos. It's a dangerous high-wire act and the Legislature isn't likely to stand below with a safety net.

The $28 billion spending plan comes as the United States faces a possible recession which, if history is any guide, will hit Massachusetts particularly hard when and if it arrives. Lottery officials estimate that the games will generate $124 million less than was promised to the state's already struggling communities. These stark realities aside, the governor is proposing a variety of new programs and spending increases, all of which are worthy, though some more than others. This is where the casino licensing fees come in to play.

The governor has proposed three casinos, with the selected bidders required to purchase licenses from the state. Mr. Patrick proposes to use $124 million of this funding to make up the local aid shortfall, with the remainder used to fund other proposals. He argues that this will force a reluctant Legislature to take his casino proposal seriously but it is more likely to cause an angry legislative leadership to bury casinos in a forgotten committee. Mr. Patrick's plan is disingenuous anyway because if casinos were approved tomorrow on Beacon Hill, the lengthy process of establishing a regulatory structure and gaining the necessary approval from the affected communities would make it nearly impossible to collect licensing fees in time to contribute to the fiscal 2009 budget which begins July 1.

While we share the legislative leadership's opposition to casino gambling, in fairness, all of the governor's revenue-generating proposals cannot be rejected. House Speaker Salvatore DiMasi regards Mr. Patrick's plan to raise $297 million through the closing of corporate tax loopholes as a burden to business, but the loopholes are unfairly depriving the state of tax revenue. If they were closed, the state could make up the $124 million shortfall in lottery funding without going the casino route.

By including nearly $600 million from licensing fees and closed loopholes, Mr. Patrick is able to be aggressive, most notably in a $368 million increase in spending for education that includes funding for expanded full-day kindergarten classes and extended-day classes. We agree that education is a high priority, though perhaps not $368 million worth, and believe that $100 million to rehabilitate the state's long-neglected parks and visitors centers is money well-spent. Some of the governor's plans, however, such as $106 million in public safety funding, are unlikely to make the cut because he isn't going to get his $300 million in licensing fees through the Legislature.

Residents who feared that a Democratic governor and a Democratic Legislature would move in free-spending lock-step have had their fears eased over the past year. The real danger with this budget is an old-fashioned stalemate like those that pitted Republican governors against their Democratic counterparts. Establishing a budget is a matter of give-and-take, and there is room here for both. All parties should engage in this give-and-take with a minimum of political posturing.

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Gov. Deval L. Patrick said more jobs and a stronger education system are key to reviving the economy during his first State of the Commonwealth speech last night. House Speaker Salvatore F. Dimasi looks on inside the Statehouse in Boston. (Associated Press)
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"Patrick highlights jobs, education"
Wire and Staff Reports
Friday, January 25, 2008

BOSTON — Gov. Deval L. Patrick, delivering his first State of the Commonwealth address, said last night the key to reviving the state's economy is strengthening education, creating more jobs and inspiring the public to become more engaged in civic life.

He used his own rags-to-riches life story to drive home the point — and make the case for a handful of contentious initiatives, including his call for the creation of three resort casinos in Massachusetts.

He also threw down a challenge to lawmakers, with whom he has occasionally clashed, to help push through his agenda — from a $1 billion, 10-year life-science initiative to a five-year plan to virtually eliminate homelessness in Massachusetts.

"The people don't expect us to agree on everything, but they do expect us to engage. They expect us to work together toward the best solution. They expect action, and they deserve it," Patrick told an audience of lawmakers, state and local officials and family members. "I ask you to join with me in partnership."

Local legislators gave mixed reviews about the speech, which highlighted the "cost of inactivity."

"Just because we're not moving in the direction he wants us to go in doesn't mean we're not doing anything," said Rep. Daniel E. Bosley, D-North Adams. "We've been working day and night on the life-science bill, and I get discouraged that they blame us for inaction when we work as hard as we can to get these passed."

Those in the Senate seemed a little more supportive, including Sen. Benjamin B. Downing, D-Pittsfield.

"He's right. We have a lot to do and the cost of inaction is high. Now we have to find a way to work together get some of this done by July," he said.

Patrick spoke to a packed House of Chambers, which included Bosley and Downing, as well as Representatives Christopher N. Speranzo, D-Pittsfield, Denis Guyer, D-Dalton, and William "Smitty" Pignatelli, D-Lenox.

Patrick, who has described himself as an impatient governor, also spoke about what he called the cost of inaction on key programs like early education, renewable energy initiatives and repairs to roads and bridges.

In the speech, Patrick also announced the creation of a nonpartisan Governor's Council of Economic Advisors chaired by Cathy Minehan, former president and CEO of the Federal Reserve Bank of Boston. The council will include economists and leaders from local, national and international commerce.

Patrick launched the address telling the story of his own journey from a poor neighborhood on the South Side of Chicago to a Milton prep school to Harvard University — a life that he said mirrored the quintessential American story of hard work and opportunity.

"One generation and the circumstances of my life and family were profoundly transformed. That story is not unlike many of yours in this room or elsewhere in this Commonwealth," Patrick said.

"For most of us, that story was made possible by a good education, great opportunities to work and develop our skills, and adults who involved themselves in our lives in key moments and ways," he added. "That is our agenda: schools, jobs and civic engagement."

The themes echoed elements of the $28.2 billion state budget proposal Patrick unveiled on Wednesday.

The budget included hoped-for dollars from Patrick's plan to open three casinos in Massachusetts — which he said would create 20,000 permanent jobs. Patrick has said he hopes to create jobs in the clean energy and life-sciences areas too.

Patrick wants to use $124 million in casino licensing fees to help close a shortfall in lottery aid to cities and towns. His budget plan also relies on nearly $300 million in revenue from the business loophole closings.

House Speaker Salvatore F. DiMasi, a casino opponent, had warned Patrick against including the money in his budget. Lawmakers have yet to hold a hearing on the casino plan.

DiMasi, who sat directly behind Patrick during the speech, has also been cool to the tax loophole plan.

DiMasi downplayed any friction with Patrick after the address.

"He basically gave a lot of people a call to action here," DiMasi said. "He focused on most of the similarities we have, not the differences."

Senate President Therese Murray, D-Plymouth, said the Senate is ready to take up Patrick's initiatives.

"He wants us to get moving and we're ready to move," she said. "He says he's impatient, but what we do here takes a little time."

House Republican Leader Brad Jones said he was disappointed by what he called "more of the same" in Patrick's warning of a looming deficit while recommending increases in spending.

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Material from The Associated Press was used in this report. Eagle Boston Bureau Hillary Chabot contributed to this story.

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"Obama has the character"
The Berkshire Eagle - Letters
Friday, January 25, 2008

It's a matter of character. The competition among the two top Democrats running for president has gotten contentious. We all hate this, but it does reveal differences in leadership character — which is what we focus on most in electing our presidents.

Sen. Obama, in both his speeches and answers to attacks, shows deep intelligence, political wisdom and experience, a sense of history, a sense of humor, and the patriotic, heartfelt urge and natural talent for reaching across party lines and age groups and national boundaries. He wants to make America one country and an ally of other countries in working to heal the world. No president or presidential candidate has appealed to us for a long time with such an inspirational message, or shown the personal qualities and political experience that convince us he can lead in that direction.

Sen. Clinton, in both her speeches and handling of attacks, shows grit and a determination to win, but a contentious nature — "scold" is an apt word — and an inability to inspire us beyond urging us to vote for her because we, somehow, owe it to her. She also has a wonkish approach to issues that seems to leave us out. And, we can see, more and more clearly, that the baggage she brings with her, including her husband, is reminding us increasingly of the Bush-Rove power broker style that we've endured for eight years now.

Listen to our better selves, listen to our youth, listen to our Gov. Patrick and our young state Sen. Ben Downing, listen to our Sen. Kerry, listen to our minority and immigrant populations: Obama.

TELA ZASLOFF
Williamstown, Massachusetts

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www.capitalnews9.com/content/top_stories/109381/lawmakers-respond-to-state-of-the-commonwealth/Default.aspx
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Capital New 9, Albany, NY
"Lawmakers respond to State of the Commonwealth"
Updated: 01/25/2008 09:12 PM
By: Ryan Burgess

PITTSFIELD, M.A. -- "Let's start with education and invest in strategies that we know work."

A bold commitment made by the governor in his State of the Commonwealth Address to spend more than $223 million to support public schools. But with a $1.3 billion budget shortfall, some education leaders are wondering where, exactly, that money's coming from.

"I think anytime, no matter what the source, if it wasn't yet in place, it raises questions,” said William Travis, Mount Greylock School District Superintendent.

The answer to those questions, for Governor Patrick, is casino gambling. He wants to build three in the Bay State. But now that the governor's gambling on using that money to boost education, some lawmakers are wondering why.

"Personally I would like to see critical investments like education, like transportation infrastructure made through reliable sources. Not those that are still dependent on a vote in the Legislature,” said Massachusetts Senator, Ben Downing.

Most officials said they are happy about the governor's commitment to funding public education. But many are still asking the question: is this funding too reliant on money generated from casinos. Now remember, these are casinos that still haven't been approved here in the Bay State.

“There's a concern about that. Personally I wish the governor hadn't included the casino revenues in there. It's not a debate that we've had in this Legislature. It's one that we've had in the past. One that I think we're ready to have again,” said Downing.

Lawmakers aren't all ready to tip their hand on the casino debate, but they say it's worth exploring for an important reason.

“Whether it's trying to improve our graduation rate, or trying to improve our schools. I think that's what's so critical about this Chapter 70 education funding. To combat some of the important issues that we're tackling locally, but to provide state support for that,” said Christopher Speranzo.

Support that may have to come from rolling the dice.

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Kennedy endorsing Obama - Senator Ted Kennedy announced Monday, January 28th, 2008, that he is endorsing Barack Obama in the presidential election.
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"Senator Kennedy endorsing Obama"
Updated: 01/28/2008 03:45 PM, By: Web Staff

WASHINGTON, D.C. -- The Bay State is buzzing about yet another surprise in the presidential primary season.

Senator Ted Kennedy is endorsing Barack Obama for president. The Massachusetts senator made the announcement before a capacity crowd at American University in Washington D.C.

Kennedy's endorsement was highly sought after by all the Democratic candidates. Besides his status as a liberal icon and member of the Kennedy dynasty, his endorsement could also boast a broad national fundraising and political network.

Kennedy said he has always planned to "support the candidate who inspires" him and "who can lift our vision and summon our hopes."

Senator Kennedy said, "He is tough-minded, but he also has an uncommon capacity to appeal to the better angels of our nature. I'm proud to stand with him here today and offer my help, offer my voice, offer my energy, my commitment, to make Barack Obama the next President of the United States."

Kennedy went on to say that he respects Obama's opponents, Senator Hillary Clinton and John Edwards, and will support whoever wins the Democratic party's nomination.

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"Mass. lawmakers convene to press for Obama: Seeking Bay State win Super Tuesday"
By David Abel, Boston Globe Staff, January 30, 2008

About 40 elected officials from around the state met at Governor Deval Patrick's committee headquarters yesterday to support Senator Barack Obama's bid to win Massachusetts in next Tuesday's Democratic primaries.

The state lawmakers, city councilors, and other elected officials were joined via conference call by Senator Edward M. Kennedy and Representatives Michael E. Capuano and William Delahunt.

Patrick sought to dampen expectations about Obama's chances against his chief Democratic rival, Senator Hillary Clinton.

"Nobody is kidding anybody," Patrick said. "This will be an uphill climb for this candidate. This is an insurgent campaign in many respects. . . .

"Unless we make it personal, we will not get it over the goal line," he said. "By that, I mean, tell somebody. Tell your friends, your neighbors, your co-workers. Tell the people who support you why it is you have decided to support this visionary leader."

Reid Cherlin, a spokesman for Obama's campaign in Massachusetts, said he did not know whether the candidate would visit the state before Feb. 5.

But he said that as part of a national ad campaign in the runup to those primaries, the campaign planned to begin running ads today on cable and broadcast television in the Boston and Springfield areas.

Obama's leading rival in the race, Senator Hillary Clinton, visited Springfield Monday.

Mark Daley, a spokesman for the Clinton campaign, said he did not know whether Hillary or Bill Clinton would return to Massachusetts.

Cherlin said the Obama campaign is relying on about a dozen paid staff, hundreds of volunteers, and the lawmakers gathered to get out the vote in Massachusetts.

After problems with the conference call, Kennedy reiterated his endorsement of Obama, which he made at a large rally Monday in Washington, and called on officials to spread the word about the senator from Illinois.

"I said yesterday that change is in the air, and I think there's change in the air in Massachusetts, as well," he said. "I said I was looking for the candidate who could inspire, and now we've got one in Barack Obama. This is . . . a unique opportunity to elect a president who will inspire an entire nation and meet all the challenges that confront us."

He added: "We didn't get in this campaign to lose."

The officials who joined the governor included state Senators Dianne Wilkerson and Benjamin Downing; Representatives John Rogers, Linda Dorcena Forry, and Jamie Eldridge; and Councilors Michael Flaherty, Sam Yoon, and Charles Yancey.

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The Berkshire Eagle: "I Publius-Alan Chartock: Primary predictions"
By Alan Chartock
Saturday, February 02, 2008
GREAT BARRINGTON, Massachusetts

Tuesday, we will know more — but the way it looks from here is that John McCain will win the Super Tuesday primaries. He has momentum and the Republicans operate under a "unit rule," which means winner take all.

If you get one more vote than the other guys, you win. McCain will get through Super Tuesday and be the clear choice of the Republican convention. It is important to remember that McCain is a Republican maverick. The party regulars are scared of him — and many of them will tell you so. But McCain has captured the imagination of the Republican electorate who are downright unhappy about the behavior of the incumbent. In fact, they are embarrassed by the guy, who wouldn't know the truth if he fell over it. It is no secret that the two men don't like each other.

The people who know McCain will tell you that once he makes up his mind about something, he's a real bulldog. This kind of character trait is a good thing when a man like McCain is right in areas like his opposition to the U.S. use of torture. On the other hand, when he's on the wrong side of an issue, as he is about the war in Iraq, there is real danger.

It is also important to remember that they guy is "of that age" when the choice of vice presidential nominee becomes very important. My bet is that the dropout, McCain endorser Rudolph Giuliani, must be looking at the second spot, and I expect McCain will pass on the (discredited) Rudy.

This should be a Democratic year, but that was true of the last national election, too, and the Democrats and John Kerry managed to blow it.

After McCain beat Romney in Florida, he went out of his way to be conciliatory to the failed Massachusetts governor. That was a smart move, and one that the two contending Democratic forces could have learned from.

Over on the Democratic side there is, as always, chaos. The three top dogs in Massachusetts have endorsed Barack Obama. Gov. Deval L. Patrick will tell you that he is indebted to Obama. Kerry doesn't seem to have any love for the Clintons. Maybe he felt they could have done more to help him and they hoped he would fail so that they could have their shot. But what really made a lot of people sit up and take notice was the Kennedy phalanx endorsement of Obama. I love it. I have to admit that I watched it on C-SPAN and the tears welled up in my eyes.

Teddy Kennedy is the lion of the Democratic party. He is one of the great speech-makers of our time. He is the brother of two martyred heroes and carries the torch for the disenfranchised. We are told that he was mad at the Clintons, particularly Bill, for his not so subtle attacks on Obama. Of course, it could have been anything.

Politicians have long memories for real or imagined slights from years past. But whatever it was, Teddy and niece Caroline Kennedy got up and did their thing.

Make no mistake about it. Bill Clinton was not, as has been suggested, off on his own as he attacked Obama. The Clintons have, at the very least, a tight political marriage. Bill Clinton has developed incredible amounts of political capital. Now, perhaps as a reward for all she had put up with, perhaps because he wants back in the White House, Clinton has begun to spend that capital, even though you can just see his popularity slipping. He became the "bad cop." Maybe that's what brought Teddy into the whole thing, maybe not.

The Democrats have a different set of rules from the GOP.

The Democrats award delegates according in proportion to the way the vote goes. If Clinton gets 51 percent of the vote in a state on Super Tuesday, she gets 51 percent of the convention delegates. There are also so-called "super delegates," the Congressmen and senators, and they will become very important. Clinton does have an emerging credibility problem. She knows that the convention is going to be bare knuckles, and very close, so she and her advisers decided to go into Florida where she had said she wouldn't participate.

She broke her word and campaigned.

Now that she has "won," she wants to change the rules and include the Florida and Michigan delegates. That's like changing the rules after the game is over. So that's where we are.

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"Politicians to hold Q&A at EPOCH"
Community, Thursday, February 07, 2008

PITTSFIELD — State Rep. Christopher N. Speranzo and state Sen. Benjamin B. Downing, who both maintain Pittsfield district offices, will hold a town-hall style question-and-answer session at EPOCH at Melbourne, on Friday, Feb. 22 at 10:30 a.m.
Schedule permitting, state Rep. William "Smitty" Pignatelli, D-Lenox, will join the meeting.

The politicians plan to discuss key issues the legislature that face this general court session, in addition to fielding constituent questions. EPOCH at Melbourne is located at 140 Melbourne Road.

This event is free and open to the public.

Information: (413) 499-1992.

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"She who controls the purse: Terry Murray gave away $11 million of state money. Will anyone call her on it?"
By DAVID S. BERNSTEIN, The Boston Phoenix, February 9, 2007
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The rumor mill has been buzzing with speculation that Massachusetts senate president Robert Travaglini might leave the legislature to take a position with the Massachusetts Hospital Association or the Massachusetts Biotechnology Council. This comes after rampant speculation last fall of Trav’s imminent departure.

True or not, the rumor has put a spotlight on one of Beacon Hill’s most powerful — and most feared — legislators: Senator Therese Murray of Plymouth, chair of the senate Ways and Means Committee, who many senators and staff believe has the support to succeed Travaglini.

That’s if a brewing scandal doesn’t explode in her face. According to some state employees, Murray appears to have personally directed $11 million of taxpayer money to a man who had been caught bilking the state before.

That contractor, William MacDougall, was supposed to be boosting international tourism to Massachusetts, a task at which he seems to have failed, according to Commerce Department data that shows a steady loss in the state’s international-tourist market share — and a surprising drop last year — since he received funding.

What MacDougall actually did is a mystery, because, according to state employees who oversaw his contract, he refuses to fully account for how he has spent the $6 million he received during the past two fiscal years. Now, MacDougall appears to have pushed the state beyond the limits of its patience. After weeks of closed-door meetings between Patrick administration officials and legislators, the state made the extraordinary decision to rescind the money already allotted to MacDougall in the current budget — $5 million that officials had been withholding because MacDougall refused to adequately account for his spending — and leave him out of the next fiscal year’s budget all together.

Still, the greater mystery to many in the tourism industry is why MacDougall received the budget earmarks in the first place, and why every attempt by the Romney administration to stop the waste was thwarted.

The answer, insiders insist, lies with First Berkshire representative Democrat Daniel Bosley and, more importantly, with Therese Murray. As a top Travaglini lieutenant who plays bad cop to his good cop, Murray controls the state budget as Ways and Means chair — and uses the power of the purse to reward and punish as she pleases, say Beacon Hill observers.

“The Romney people thought this kind of thing only happened in books like Black Mass, not in real life,” says one political insider — who, like many others, asked not to be named for fear of revenge from Murray.

The power of the purse has thus far insulated Murray from criticism, say her detractors, because Murray controls the budgets of the offices that should be investigating her actions. Meanwhile, the state auditor’s office has recently been handed reams of documents about the MacDougall fiasco, but a spokesperson there claims it is beyond that agency’s scope to investigate. (Others argue that because the money was a direct earmark, the office could perform a vendor audit of MacDougall.) And while the state Inspector General’s office received complaints about MacDougall more than a year ago, no inquiry has yet been made. Arguments that the MacDougall arrangement violates the “Pacheco Law” against privatizing a state function have fallen on deaf ears at senator Marc Pacheco’s own Post Audit and Oversight Committee.

By finally agreeing to stop the MacDougall money train, Murray may hope to put the mess behind her. But, as sources and documents show, she still has a lot to explain about why this happened in the first place.

“If your average taxpayer knew that you can take $11 million, give it to a couple of friends, with no oversight or supervision, and get away with it, they would go crazy,” says one individual who was directly involved in the bidding process for the state grant. “But that’s what happened.”

Was the fix in?
In late 2003, Murray slipped a $2 million expenditure for marketing international tourism into an economic-stimulus package. The function had previously been handled by state agencies, primarily the Massachusetts Office of Travel and Tourism (MOTT).

But instead of simply giving the $2 million to MOTT to increase international tourism, or authorizing that office to award the contract, Murray’s legislation privatized the function and assigned a tiny, obscure, quasi-public office to select an outside vendor, through a competitive-bid process, to receive the funds. That office, the Massachusetts International Trade Council, had no tourism experience, and had never been responsible for such a large contract, but agreed to handle it, according to those who were there at the time, because the process included an “administrative fee” that would allow the office to stay open, in spite of its recent loss of state funding.

The Trade Council, however, was never really intended to choose the vendor. Instead, in the same stimulus bill, Murray created a 17-member “advisory board” to assist the Trade Council — which Murray believed would select the vendor, as documents and correspondence from the process show. Murray placed herself on that advisory board, along with Bosley, who had become co-chair of the Economic Development committee; the two of them also stacked the advisory board with tourism-industry friends — from her base on the Cape and Bosley’s base in the Berkshires.

There were three bidders competing for the $2 million contract for international-tourism marketing. But Murray and Bosley — both of whom declined to be interviewed for this story — and their hand-picked friends on the advisory council voted for the newly created company of William MacDougall, a North Shore Republican who had been head of international tourism marketing in the Massachusetts Office of Travel and Tourism (MOTT) under Paul Cellucci.

Still, Murray’s plan to appoint MacDougall did not unfold without interruption. The Trade Council took their jobs seriously, raising objections to Murray and co’s unified support of MacDougall. They contended — and the state’s legal authorities concurred — that the power to choose who would receive the money belonged not to the advisory board, but to the Trade Council’s own three-person board of directors. “Someone had failed to give us the notice that the fix was supposed to be in,” says one staffer at the time.

With the state now backing them, the Trade Council’s staff sent its board members a 150-page report meticulously evaluating the bids. That report, which was never released publicly, has been obtained by the Phoenix. Not only did it recommend a different bidder, the Massachusetts Lodging Association (MLA), it concluded that MacDougall’s bid was ineligible — i.e., it did not meet the statute’s criteria.

In addition to other disqualifying problems, MacDougall’s international-tourism proposal included spending way more than the defined maximum of 20 percent on administrative costs. If overseas sales representatives’ fees are included, more than half the MacDougall plan was budgeted for administration — three times what the MLA’s budget put toward those same costs.

The Trade Council staff’s evaluation wasn’t the only voice of opposition, as revealed in correspondence obtained by the Phoenix.

Representatives of Boston’s Museum of Science and Museum of Fine Arts sent a letter condemning MacDougall: “The MFA and the MOS would not do business again with Mr. MacDougall.” Several dissenters on the advisory board submitted harsh warnings about MacDougall as well.

MacDougall contends, with some justification, that some of the dissenters had their own biases, due to their relationships with the other bidders. He also argues, less persuasively, that the trade council’s staff was taking direction from the Romney administration to block MacDougall’s bid. “It is my view that they sabotaged the competitive process,” he says.

But at least one dissenting member of Murray’s advisory board, Gerald DiPietro of TourCo in Hyannis, was convinced that the bid process was being pushed in the other direction — toward MacDougall. He sent a scathing letter to Travaglini and Speaker of the House Sal DiMasi.

“The perception in the tourism community throughout New England is that the entire process, and indeed the grant itself, was corrupt in the extreme,” he wrote. “I feel very strongly that [MacDougall’s company] should be eliminated from consideration.”

The decision to award the $2 million contract, however, fell into the laps of the three Trade Council board members in the fall of 2004.

“And this is where it goes through the looking glass,” in the words of one participant in the bid process.

Those three board members were in possession of a staff report telling them that MacDougall was undeserving, and, in fact, ineligible. But defying Murray’s wishes could have been politically disastrous for two of the board members. Mitchell Adams, the board’s chair, for instance, is executive director of the quasi-public Massachusetts Technology Collaborative, which relies on state funding controlled by Murray’s committee. And Christopher Supple is a Beacon Hill lobbyist.

Adams and Supple abruptly resigned on the same day in November 2004.

Neither publicly cited the MacDougall decision as the cause. Still, under any circumstances, with just one member remaining of the three-person board, a majority decision was impossible. The final member — a bewildered Columbia University professor — gave up and resigned the following month, effectively dissolving the Trade Council.

Soon after, Ranch Kimball, then serving as Romney’s secretary of the Executive Office of Economic Development, asked Murray and House Ways and Means chair John Rogers to approve a transfer of the $2 million to MOTT so that it could start running the badly needed tourism-marketing program. But Murray denied the request, in a letter obtained by the Phoenix, so Kimball returned the money to the state comptroller.

According to one State House aide, Murray and Bosley then “went ballistic,” and redirected the money to MacDougall — bid process, be damned.

Bosley — after a meeting with MacDougall in Murray’s Ways and Means office, according to two other State House sources — then placed the $2 million into his committee’s latest supplemental budget, earmarked directly for MacDougall’s company, the Massachusetts International Marketing Partnership (MIMP). The legislation, which passed in February 2005, referred to MIMP as the entity that had been awarded the contract from the 2003 economic-stimulus legislation — a falsehood, as even MacDougall concedes, since no contract had been awarded at all.

To keep the Massachusetts Lodging Association from complaining — or, for that matter, bringing a lawsuit over the mysterious mothballing of the competitive bidding process — Bosley personally brokered a deal in Worcester, which several sources say was arranged by Murray. At that Worcester gathering, the MLA agreed to let MacDougall have the contract, and MacDougall agreed to put several MLA members on the governing board of his new entity, Tourism Massachusetts.

Perhaps by coincidence, MLA’s then-chair Mark Waxler, who hosted the Worcester meeting and agreed to the deal, soon received state funding for groups he was involved with in Worcester.

Meanwhile, the legislature earmarked $4 million more in the FY ’06 budget to MacDougall, overriding Romney’s veto. The next year, while the Business and Technology Department was still withholding some of the ’06 funds due to MacDougall’s failure to disclose his spending, the legislature earmarked another $5 million in the FY ’07 budget.

Romney again vetoed; the legislature again overrode.

None of your business
MacDougall says that he has bent over backward to demonstrate where the money has gone. But that documentation, obtained by the Phoenix, shows that expenses were broken down only in broad strokes.

Roughly $850,000 was spent on two marketing Web sites, for example, although his bid proposed spending just $35,000. MacDougall would not reveal who received that money, to the state or to the Phoenix. When asked for more detail by state officials, he responded: “There is no provision for us to provide contracts and/or invoices and we are not going to.”

So, for all anyone can tell, the Web sites might have cost half that, and MacDougall might have handed out the rest in stacks to friends. In a way, he has. His staff is mostly his old MOTT cohorts, as are the overseas sales representatives to whom he has paid nearly a million dollars in fees. Plus, his company, Tourism Massachusetts, rents space from, and has paid an undisclosed amount for Web design to, his friends at Rendon Associates — which is run by the husband of his former MOTT co-worker, and one-time MIMP employee, Tara Rendon.

Frustrated, Romney officials repeatedly tried to get MacDougall to disclose where the money had gone, and ultimately refused to sign a contract or release any FY ’07 money until he satisfied their requests for more information. But as the debates raged into November 2006, Romney abruptly stifled them, slashing the entire $5 million earmark as part of his “9C” emergency cuts.

Following those cuts, it was MacDougall who went ballistic, going so far as to bring a legal claim for the money, which proved unsuccessful.

Two of the Tourism Massachusetts board members, appointed as part of the deal brokered with the Lodging Association, resigned from MacDougall’s board in December. One said that MacDougall was running the enterprise “like a personal fiefdom,” according to Jay Fitzgerald, writing in the Herald.

Fitzgerald also revealed hundreds of thousands of dollars’ worth of alleged wasteful spending — at a time when, with its funding frozen, Tourism Massachusetts’s vendors were owed money, and its grants were not being paid. The MLA offered a small loan to tide MacDougall over, but even that fell through.

MacDougall contends that Fitzgerald’s “shoddy newspaper reporting” lost him the state contract. But he doesn’t dispute any factual claims in those articles, and documentation shows that the funding had already been withheld for months before the situation broke in the media. “People were quitting his board before I even started working on this story, citing his management style and lack of spending oversight by the board,” Fitzgerald says.

Still, up until last week, MacDougall had reason to hope that he had an ace up his sleeve: the newly elected Deval Patrick administration.

Patrick, who had attended a MacDougall-hosted event during the campaign, swept out everyone who had been fighting MacDougall — part of the normal re-staffing of a new administration, says a spokesperson for the governor.

Paul Sacco, the tourism-industry veteran who headed MOTT, for example, was replaced by Betsy Coleman Wall, an industry novice and longtime Patrick friend, co-worker, and campaign deputy manager. Daniel O’Connell, who worked at MassPort with Tourism Massachusetts’s chairman Charles Yelen, became the head of the Executive Office of Business Development. And Leslie Kirwan, another MassPort veteran of those days, became Patrick’s secretary of Administration and Finance.

Slated to work above O’Connell, as special advisor for business development, was none other than Representative Daniel Bosley.

This time, however, MacDougall’s luck didn’t hold. Bosley changed his mind and declined Deval Patrick’s job offer — for reasons unrelated to MacDougall, according to several sources. And when Yelen spoke up for MacDougall in a personal meeting with O’Connell last week, he failed to sway him.

Although MacDougall portrays himself as a victim of unreasonable Romney personnel (and bad media), the new Patrick team has drawn the same conclusions as its predecessors: MacDougall has not come clean about where the money has gone, and has failed to produce the results he promised, according to a source at the new administration.

After numerous meetings and phone calls, a decision was made last Thursday to cut MacDougall off completely. The state will reimburse any legitimate, provable expenses already made, and fulfill any outstanding contracts with vendors. But the rest of the $5 million from the current fiscal year will go back to the state. And the FY ’08 budget will restore international tourism marketing funds to MOTT.

In the two years that MacDougall had the contract, international tourism to Massachusetts has declined, while going up in the rest of the US. Last August, for instance, state officials wrote to MacDougall that, by his own documentation, “for every dollar spent by MIMP on international tourism in 2005, the state actually lost $10 in direct spending” by tourists. The figures for 2006 were similar, according to Department of Commerce projections.

MacDougall and some others blame the bad numbers on the Romney administration’s refusal to promote international tourism. But that claim was belied by Romney’s budget proposal released the same month, February 2005, when the legislature short-circuited the competitive-bid process to award MacDougall the first $2 million.

Romney’s budget would have more than doubled MOTT’s funding, to $12 million, giving it plenty of funding to restart its international-marketing program. But Murray and Bosley would have none of it. They slashed his $12 million MOTT proposal down to $7.8 million, with $4 million of that earmarked directly to MacDougall’s MIMP. Clearly, their interest was not in more money for tourism marketing, but more money for William MacDougall.

Why MacDougall?

At the very least, Murray is guilty of bad judgment, in choosing to champion MacDougall, who had been forced to resign from MOTT in 2001, after state auditor Joseph DeNucci accused MacDougall of “inappropriate use” of the state’s money.

That “inappropriate use” includes the failure to report more than $40,000 worth of airline upgrades bestowed upon him by airlines MOTT did business with, which is in direct violation of the agency’s policies. And, according to DeNucci’s report, it also includes thousands of dollars of undocumented, unsubstantiated, or duplicate reimbursements for travel expenses, and personal use of frequent-flyer miles that belonged to the state.

The most damning claim against MacDougall, however, is detailed in materials that were part of the auditor’s inquiry. It alleges that MacDougall reimbursed himself $1007 for an airline ticket that he never paid for. MacDougall insisted it was legitimate, but a Virgin Atlantic Airways manager confirmed that “You have a dirty ticket,” according to an auditor staff memo.

MacDougall denies any wrongdoing, and tells the Phoenix that his leaving MOTT was unrelated to the audit report. Curiously, his personnel file disappeared from the office files, according to two sources.

But the financial misdeeds were only part of the problem — and in fact, prior to 2001, people had been trying to get rid of MacDougall for other reasons.

One was Charles Yelen (now chairman of Tourism Massachusetts), who was MacDougall’s counterpart at MassPort, the other state agency doing international-tourism marketing. In memos to then–MassPort director Virginia Buckingham obtained by the Phoenix, Yelen blasted MacDougall’s “unprofessional and often boorish” behavior. Buckingham, in turn, lobbied Governor Jane Swift.

MOTT’s director at the time, Mary Jane McKenna, had friends in the legislature where she had previously served — most notably Murray in the Senate and Bosley in the House. Both are from districts that rely heavily on tourism as their economic engine: the Cape for Murray and the Berkshires for Bosley.

And both, particularly Murray, had become personal friends with state tourism officials and industry leaders, who regularly took Murray on state-paid international junkets to promote Massachusetts, say people in the field. “She was traveling to Italy every year as part of the MOTT sales missions,” says one.

Several sources say that Murray became “regular drinking buddies” not only with McKenna, but with industry figures such as Sheila Martines Pina, former executive director of the Southeastern Massachusetts Convention and Visitors Bureau, and Debra Catania, whose family owns the Cape Codder Resort in Hyannis as well as other vacation properties. Pina, Catania, and Catania’s father were all on the stacked “advisory board” that tried to award the contract to MacDougall in 2004, and Pina, who was recently fired from her Visitors Bureau job, has been placed on the Tourism Massachusetts board. It was Catania, people say, who championed MacDougall to Murray. Just after the original $2 million appropriation was passed, Catania sent a letter, a copy of which was obtained by the Phoenix, informing people in the tourism industry about it, boasting, “I have been working very closely with Senator Terry Murray” to make it happen. Catania did not return phone calls from the Phoenix.

But at the time of the auditor’s report, neither Murray nor Bosley were powerful enough to save MacDougall or his boss, Mary Jane McKenna, who resigned as director of MOTT in 2002. Nor could they save the international marketing-tourism budget in the budget crisis and post-9/11 decline in airline travel.

This ended the junkets. It also devastated Murray’s friends in the industry, who lobbied her to restore the funding after she became Ways and Means chair when Travaglini became senate president in 2003.

At the same time, Murray found herself forced to defend her senate seat against self-funded challenger Timothy Duncan. People like Debra Catania and their well-heeled friends would prove invaluable, as Murray ran the single most expensive state- senate campaign in Massachusetts history.

She spent a staggering $474,095 — no other senate candidate in the state spent more than $300,000 that year — and her tourism-industry connections were critical to her fundraising. Not only did they personally donate, they hosted fundraising events — including at least two at Debra Catania’s Daniel Webster Inn — and invited their friends to donate.

The doomed bid process was going on throughout that year — in fact, the two Trade Council board members resigned just days after Murray won re-election. And soon after that, Murray and Bosley handed the earmark to MacDougall, who had been openly championed by Catania.

Not much later, the junkets returned. Murray and other legislators went to Russia this past year, paid in part through a grant from Tourism Massachusetts, for instance. That excursion was ostensibly to encourage visitors from a town that, by one industry source’s estimate, might generate a maximum of 35 tourists to Massachusetts.

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"IG Report on State Senate Prez takes a convenient dive: Fails to deal with tourism controversy"
By: DAVID S. BERNSTEIN, The Boston Phoenix, 2/15/2008
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After a full year investigating a Boston Phoenix article about State Senate President Therese Murray, the state’s Inspector General released a report today finding “no evidence of impropriety” in the legislature’s awarding of $11 million worth of contracts for international-tourism marketing.

The report, however, fails to even address many of the key elements of the Phoenix story, while agreeing in almost every respect with the article’s claims. It seems Inspector General Gregory Sullivan — a former legislative colleague of Murray, whose budget is controlled by the legislature she oversees — goes out of his way in the report to avoid addressing — let alone criticizing — many of the most important actions described in the article.

Sullivan’s report disputes or contradicts only a few minor claims in the article — one of which — a mention of Murray having traveled to Italy — the Phoenix retracted two weeks after the story ran, almost one year ago. Nevertheless, the IG’s office “reviewed Senator Murray’s passport…and found no evidence of any entries into Italy.”

But while conceding that she had not, as we erroneously reported, gone to Italy, the Phoenix stood by the broader assertion in the article — which Sullivan’s report failed to even address — that:

…Murray had become personal friends with state tourism officials and industry leaders, who regularly took Murray on state-paid international junkets to promote Massachusetts, say people in the field.

The 3500-word Phoenix article, published in February 2007, described the process through which Murray and representative Daniel Bosley privatized the international-tourism marketing function previously run by the Massachusetts Office of Travel and Tourism (MOTT) — and ensured that the contract would be awarded to an individual named William MacDougall. As the article said:

“If your average taxpayer knew that you can take $11 million, give it to a couple of friends, with no oversight or supervision, and get away with it, they would go crazy,” says one individual who was directly involved in the bidding process for the state grant. “But that’s what happened.”

Murray and Bosley championed MacDougall, the article reported, even though he had been forced to resign from MOTT after the state auditor’s office accused him in 2001 of inappropriate use of state money, failure to report gifts, personal use of state frequent-flyer miles, and thousands of dollars of questionable reimbursements.
The IG’s report mentions nothing about these apparent irregularities of MacDougall, his association with Murray and others involved in helping steer the contract to him, nor other objections and complaints that had been raised about him in the Phoenix article.

Nor does it address allegations that MacDougall paid more than $1.1 million on Web site development, when his original proposal called for $35,000.
Regarding the awarding of the contract, almost everything in the IG’s report concurs with the Phoenix’s version of events. Those aspects of the story that the report does not specifically corroborate, neither does it refute.

With one exception: The IG challenges the reason given by the Phoenix for the abrupt resignations of all three board members of the agency — the Massachusetts International Trade Council, Inc. (MITCI) — charged, by statute, with awarding the contract.

The Phoenix speculated that, although they never said so, the directors may have left because of pressure over this contract decision. Two of the three directors held full-time jobs that depended in large part on Murray’s power as Ways and Means chair. The IG’s report offers a different explanation, rooted in administrative technicalities.

Regardless, Murray and Bosley then gave the contract to MacDougall through a direct earmark in a supplemental-budget bill. They ultimately appropriated $11 million to him over three years.

Those appropriations claimed that MacDougall’s non-profit entity had been chosen under the statutory bidding process, but this was not true — that bidding process was never completed after the directors’ resignations. The IG’s report corroborates this.

The IG’s report also repeatedly omits the central roles played by Murray and Bosley in the events it describes. For example, it says that “the state senate” put the first $2 million initiative into an economic-revitalization package, but does not say that Murray introduced it.

And, while claiming to have accounted for all of MacDougall’s expenditures — which he refused to detail for either the Romney or Patrick administrations, leading to the ultimate termination of the contract — the IG’s report fails to provide any significant accounting for large payments. For example, MacDougall paid more than a million dollars to his United Kingdom representative (with whom he had done business when working at MOTT), with no breakdown of how much was spent on advertising, printing, fees, or other uses.

Many other portions of the Phoenix article are simply never mentioned in the IG’s report, including questions about whether the contract observed provisions of the Pacheco Law against privatization; and a suggestion that the chair of an opposing bidder was rewarded with state funding after agreeing to a cooperative role.

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"A greener future"
The Berkshire Eagle - Editorial
Monday, March 10, 2008

It was little noted, but last month, EPA administrator Stephen Johnson acknowledged before a Senate committee both that global warming is "unequivocal" and that man-made emissions are largely responsible. Unfortunately, he did it in the context of arguing that California should not be allowed to pass stricter rules against vehicle emissions because that is the responsibility of the EPA — which refuses to act. Representative Peter Welch, a Vermont Democrat, declaring that the EPA is a "serial stonewaller," is fighting the agency on behalf of Vermont, California and other states, but it may take regime change to get the EPA to begin doing its job.

Happily, a solid record on environmental legislation is something that Democratic presidential candidates Hillary Clinton and Barack Obama and presumptive Republican nominee John McCain have in common. Indeed, Senator McCain's willingness to work with Democrats on environmental issues is one reason why his party's far-right fringe is unhappy with him. The next president and Congress may actually be able to make some progress on global warming and other environmental issues.

Whatever Washington does or doesn't do, however, states and local communities will still need to do what they can to protect the environment from further harm. The Global Warming Solutions Act, which the Massachusetts Student Public Interest Group (MassPIRG) advocated for, with assistance from Pittsfield Democrat Benjamin Downing, requires Massachusetts to reduce greenhouse gas pollution 20 percent below 1990 levels by 2020 and 80 percent by 2050. This would not only cut down on the emissions that fuel global warming it would help the state reduce its use of increasingly expensive foreign fossil fuels.

Last week, a state task force issued a report urging Massachusetts to encourage a biofuel industry. Among the worthy recommendations were exempting biofuels from the state gas tax and requiring all home heating fuels to contain a minimum amount of bio-based alternatives. Biofuels pollute less, make good use of forest and agricultural waste, and as the report noted, provide jobs. With Berkshire Biodiesel of Pittsfield gearing up, we hope Beacon Hill will follow up on the report with concrete action.

On a mountain north of Pittsfield, the wind turbine that is providing clean energy for Jiminy Peak has led to the creation of EOS Ventures, which will build turbines and sell the power. CEO Tyler Fairbank, who is partners with his father, Brian, and Joe O'Donnell, the owners of Jiminy, should find customers in government and business for a clean, sustainable private energy source. The desire to find a green way to provide power to Jiminy has led to the creation of a business that should prompt the development of wind power, a clean and underutilized source of energy.

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"Downing Secures $6.5 Million Authorization For PEDA"
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"Spec Building In Life Sciences Bond Bill"
iBerkshires.com - March 21, 2008

Boston - As the Massachusetts Senate considered the Governor’s Life Sciences bond bill during today’s formal session, State Senator Benjamin B. Downing (D-Pittsfield) secured the adoption of an amendment he filed, authorizing $6.5 million for the design, construction and development of a life science incubator building at the William Stanley Business Park in the City of Pittsfield.

“Making industry-ready commercial space available to prospective businesses is vital to rejuvenating the economy of Pittsfield and the surrounding region,” said Downing. “It is important that western Massachusetts carve its own niche in the Commonwealth’s emerging life science industry. This targeted investment will pay dividends for years to come.”

Using payments promised by General Electric (GE) in 1999, the Pittsfield Economic Development Authority (PEDA) is spearheading the redevelopment efforts of former GE land, now recognized as a Brownfield and known locally as the William Stanley Business Park. Downing’s amendment authorizes $6.5 million for design and construction of a 30,000 square foot facility. Construction of an incubator building on-site is intended to attract businesses and provide a temporary growth space, or small business incubator, that would also house on-site employee training. This project is the next step towards filling the redeveloped space with new high tech businesses.

This $6.5 million authorization for PEDA was also included in the House of Representative’s version of the life sciences bond bill, though in a different account. As the Senate and House have engrossed competing versions of the life sciences bond bill, the differences between must be reconciled by a conference committee before it can be forwarded to the Governor for final approval.

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"[Jimmy] Ruberto and Donna Walto Face Off in Debate"
iBerkshires.com - By Jen Thomas - October 30, 2007

PITTSFIELD - Election Day is right around the corner and mayoral candidates James M. Ruberto and Donna M. Walto are taking every opportunity to tell the public their plans for the city.

In a Berkshire Chamber of Commerce-sponsored debate on Tuesday morning, incumbent Ruberto faced off against Walto on economic development strategies, ways to include the growing immigrant population in politics and plans for public funds. Fielding questions from Berkshire Eagle staff reporter Jenn Smith, the candidates expressed their vision for the next stage of the city's development.

"I am running for mayor because I care about our city," said Walto in her opening statement. "We need to restore Pittsfield and all of the people need a voice, not just a chosen few."

The mother of three said her "personal touch" would make all the difference if she is elected to lead the city into the future. As an entrepreneur (she owns Berkshire Sightseeing Backroad Tour Co.), Walto said the attributes that make her a successful businesswoman would also help her effectively run the city.

"I will use my knowledge, my integrity and my honesty to bring our city forward," she said.

For Ruberto, a third term would mean continuing the initiatives he's already put in place and working to produce "more results."

"We're looking at new businesses while also working hard to retain what we have," said Ruberto.

The mayor also said the next step in his plan is to move into the neighborhoods and establish revitalization efforts that include improving streets and sidewalks.

Investment in Education

When asked about incentives to strengthen the school system, Walto and Ruberto agreed on the value of education for the city's youth but little else.

Ruberto outlined his administration's commitment to placing more teachers in classrooms as an indicator of his dedication to education. While much had been done in the schools, he said, there are still certain elements where "critical improvement is still needed," including a still-escalating high school dropout rate and less-than-outstanding Massachusetts Comprehensive Assessment System test scores.

Walto said her plan to aid the youth of the city begins with strong family support. She recommended educating young mothers and single parents, while also promoting confidence in youngsters from preschool onward.

Additionally, Walto said city youth needed motivation to pursue education.

"We're failing our children by not giving them the background of economic viability," she said.

Business Oppotunities

A key issue for both Walto and Ruberto, the Pittsfield Economic Development Authority site is a topic of contention among city residents. Acquired by the city following an agreement with General Electric to clean up PCB-contaminated areas, the William Stanley Business Park has yet to welcome its first tenant.

"There are a series of steps that are needed to lay the infrastructure of what will be the most prestigious and most attractive business park in western Massachusetts," said Ruberto, adding that he "won't be pushed into making bad decisions" at the site.

Earlier this year, Walto called for an investigation of the goings-on at the site and at Tuesday's debate, she said she'd replace the entire PEDA board if elected.

"The PEDA site is a failure," she said. "Right now, it is a barren wasteland. [The site] has given the city of Pittsfield a very bad reputation and it reflects our very poor governmental leadership."

According to Ruberto, some construction is moving forward at the site, including road development, the laying of sewer lines and landscaping.

Another major project in the works is the construction of a $12.9 million Beacon Cinema in the Kresge-Kinnell building. One of Ruberto's most-celebrated cultural development projects, the cinema will be located at 49-55 North St. and would draw up to 200,000 visitors each year, according to Ruberto.

"Will this mayor continue to drive to Boston to find more money for this project? Absolutely. Will this mayor be there when 200,000 people flood to the downtown and more businesses flourish? Absolutely. Will this mayor rejoice when people call this the best community in the world. Absolutely," Ruberto said.

According to Walto, the cinema would only benefit those who could afford to attend movies there, which is not the taxpayers of the city.

"The Beacon Cinema may be a good idea but it should not be on the backs of taxpayers," she said. "Without sound economic development, people are not interested in going to theaters or movies. They're interested in finding ways to put food on the table."

Moving Forward

With the Nov. 6 election day next week, both candidates are hoping to gain the public's trust.

For Walto, that means going door to door in neighborhoods and educating residents on the importance of civic engagement.

"A vote for me is a vote for you," she said. "I want an open and honest government and I will practice democracy in my office. This city is our city and this government is our government and I will make sure everyone is treated fairly, not just the wealthy."

Ruberto said he plans to follow the city's values of creativity, innovation, compassion, tolerance and entrepreneurship, if re-elected.

"We've layed out a vision and we've begun to implement that vision and we will continue to do so. There is history and evidence that this administration has moved forward effectively and efficiently," Ruberto said. "I've seen all the difference."

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News & Notes: "State Shortfall Could Mean Gas Hike"
By Larry Kratka - April 01, 2008, Berkshire News Network

"Gas Tax May Be Last Resort"

PITTSFIELD — There is a possibility that Massachusetts may raise the tax on gasoline if the state cannot close its $1.3 billion shortfall and a hike in the gas tax would not sit well with Massachusetts residents.

State Sen. Benjamin B. Downing, D-Pittsfield, told the Berkshire News Network that a hike in the gas tax is a possibility. However, he said that until the state gets all the savings possible out of the budget, no one will have an appetite for a gas tax.

On Monday, Gov. Deval Patrick said it was possible that gas could near $4 a gallon because of the high cost of oil. Prices across the state are averaging about $3.15, up 50 cents over last year at this time.

But if lawmakers save every last nickel and still don't erase the budget shortfall, the state would have to look at other options. Downing was careful not to predict that a hike in the gas tax would have a chance to be introduced. Patrick has refused to rule out the possibility of imposing a new tax at the pump and while legislative leaders have not embraced the idea publicly, few have rejected it entirely.

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"Downing looks back at year one"
By Cara Hogan, (Berkshire) Eagle Boston Bureau
Monday, March 31, 2008

BOSTON — State Sen. Benjamin B. Downing defied expectations by becoming the youngest member of the Massachusetts Legislature at 26 years old, and he has continued to surprise the public with inventive and forward-thinking policy.

Downing is still a newcomer to Beacon Hill after serving his first year in office representing the Berkshires, but he has thrown himself head-first into economic and environmental issues since his election in 2007.

"Every issue is going to be an environmental issue in this century," said Downing, sitting behind a neatly organized desk. "The more forward-looking we are when it comes to climate change and sustainable development, the more jobs we're going to create."

He said he hopes to reinvigorate the Berkshire economy, and his bills, such as the Broadband Plan and Green Jobs Initiative, have found support in the Senate. His effectiveness as a freshman legislator defies those who thought he had little chance to make it to Beacon Hill in the first place.

The 2006 Berkshire Democratic primary echoed the race between presidential contenders Hillary Rodham Clinton and Barack Obama, with youth and inexperience vying against an older veteran. Downing beat the well-established former state Rep. Christopher J. Hodgkins by 1 percent of the vote.

"The younger people whom he energized and brought into the campaign won it for him," said Downing's uncle, John F. "Jack" Downing Jr., who helped run his campaign. "Most of the Democratic power base in the Berkshires went to his opposition, but he didn't back down. The voters believed in him."

Youth 'a hurdle'

Benjamin Downing said he knew he faced criticisms about his youth and was prepared.

"We always knew from the first day I got into the race that my age was going to be a hurdle to go over," he noted. "We joked that, so long as I didn't show up on somebody's doorstep with a backwards hat, an iPod and chewing gum, then people would take me seriously."

After the close primary, Downing defeated the Republican candidate with ease and started working on the issues that matter to the Berkshires, including his work with the Biofuels Task Force.

"We want to bring on some renewable power generated locally, hopefully distributed locally, so that we can build a more sustainable economy in the Berkshires," Downing said. "We want to have an energy policy that not only reduces our dependence on foreign oil but also creates jobs and economic opportunity."

Downing enjoys a strong following in his home district. He has garnered awards including "Best Legislator of the Berkshires" and "Legislator of the Year" by the Massachusetts Association of School Committees.

And he doesn't lack a sense of humor, as exhibited during a meeting last month of the Joint Committee on Bonding.

Gov. Deval L. Patrick attended the meeting with a new and nearly bald hair style, and Sen. Mark Montigny suggested that he should talk to the balding Downing.

"Mine will grow back," Patrick said, and the crowd responded with laughter.

Downing quickly replied from the back of the room, "I just want to know if it'll grow back quicker if we get casinos."

Family history of politics

Downing's success in the Legislature may have surprised some, but not anyone who knows his family. Politics are in his blood. His father, the late Gerard D. Downing, was the district attorney in Berkshire County for 13 years and passed on a passion for politics.

"We always talked about politics around the kitchen table," Downing said. "And we always held signs for candidates. So I was lucky in that sense that politics wasn't a different path to take, it was something that was omnipresent in our lives."

Downing's father died in 2003, leaving a legacy for his community and his family.

"I've known Ben Downing his whole life, and he was always a very bright guy and very active in his father's campaigns," said state Rep. William "Smitty" Pignatelli, D-Lenox. "It didn't surprise me one bit that he went into politics. His father would be very proud of him to be in politics so young."

The lifelong connection between Pignatelli and Downing continues, with the two Berkshires legislators working together on issues that affect the region, including the Broadband initiative, which will bring the Internet to more communities in Western Massachusetts.

"We've worked very closely on the creative economy in the Berkshires and dealing with declining industry," Pignatelli said. "I think the world of Ben; he's a breath of fresh air."

With his father as inspiration, Downing attended Providence College and graduated in 2003 with a bachelor's in political science. He moved to Washington, D.C., to work for U.S. Reps. William Delahunt, Richard E. Neal and then John W. Olver, this area's congressman. Downing said he enjoyed Washington and learned firsthand the workings of government.

"I especially enjoyed working in Congressman Olver's office," Downing said. "It was a nice blend of being in Washington, gaining political experience, but also being able to serve the communities that I grew up in."

Returning home, Downing confided in his uncle that he wanted to go into public service, like his father.

"He continues to surprise me with his desire to serve people," Jack Downing said. "At such a young age, I wasn't that unselfish."

Even Benjamin Downing's former opponents now support his work. North Adams Mayor John Barrett III backed Hodgkins in the primary election and now has nothing but praise for Downing.

"He's doing a very good job," Barrett said. "I knew he was a very precocious young man, but the maturity and understanding of the legislative process in his first year has been remarkable."

Barrett said that Downing works hard for the people he represents.

"A lot of elected people go down to Boston and forget where they came from," Barrett said. "He knows the issues, and he's not afraid to take a stand and take on the governor. He's good; he just needs to stop telling jokes about how he's bald."

'A lot to do'

After one year, the future looks bright for Downing, although he will not reveal any of his goals.

"I still pinch myself every day," Downing said. "I can't believe I have the opportunity to do this. For now, I'm just looking at what's on my plate. There's a lot to do, and I don't feel like I've come anywhere near cleaning it."

His uncle, however, hopes that he'll keep dreaming big and go from the youngest Massachusetts senator to an even more illustrious position.

"His father was 5-foot-6 and spent his whole life saying it's not about the size of the person but the size of the heart," said Jack Downing. "For now, he wants to be the best senator Massachusetts ever had. I hope he wants to be president."

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"Mass.: Cigarette tax has backers"
The Boston Globe Online, April 7, 2008

BOSTON—Senate President Therese Murray says a proposed $1 tax hike on a pack of cigarettes has strong support in the Senate.

more stories like thisMurray says the extra revenue will help cover the higher than expected costs of Massachusetts' landmark health care law.

House Speaker Salvatore DiMasi proposed the cigarette tax increase. Gov. Deval Patrick said he wants to see the bill before deciding whether to sign it.

The cost of the health care law is soaring in part because more people than expected have signed up for subsidized care.

Republicans are planning a news conference Tuesday to oppose tax increases, including the cigarette tax hike. Murray, DiMasi and Patrick are all Democrats.

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"How's this for a sweet tax?"
The North Adams Transcript - Letters
Monday, April 7, 2008

To the Editor:

Needed: new revenue The state taxes health-damaging items like tobacco and alcoholic drinks. Let's add sugar, candy and sweetened sodas to the list.

Besides increasing revenue, it would provide an opportunity to remind folks of how damaging sugars and artificial sweeteners are to everyone, not just diabetics, and, hopefully, not only encourage users to reduce their consumption, but also lessen the state's expenses for health care.

Marion P. Goodale
Williamstown, Massachusetts
April 3, 2008

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Team Downing (Left to Right): Heather Viola, Jonathan Butler, Bethann Steiner, Elizabeth Mahony & Allison Johnson
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"Downing's Anti-Idling Bill Clears Senate"
iBerkshires.com - April 10, 2008

Boston - State Senator Benjamin B. Downing (D-Pittsfield) is pleased to announce that today during its formal session the Massachusetts Senate passed his legislation prohibiting school buses, commercial and personal vehicles from idling on school property.

“This bill is an opportunity for Massachusetts to guarantee cleaner air on school grounds while saving our school districts significant fuel and maintenance costs and promoting positive climate change measures.” said Downing. “I am so pleased that my Senate colleagues joined me in passing this legislation.”

An Act to Improve School Campus Air Quality compliments existing programming administered by the Massachusetts Department of Environmental Protection (DEP). DEP’s Idling Reduction Toolkit aids cities and towns in their efforts to reduce idling and improve air quality. To date, forty communities statewide, including Egremont and Williamstown, participated in this campaign. Still other towns, such as Lenox, have developed their own response to unnecessary vehicle idling on school grounds.

After attending local Step It Up events last spring urging national action on global warming, Downing was inspired to craft this legislation by Rick Gregg, Lenox resident and Chairman for the “Idle-Free” Massachusetts Campaign of the American Lung Association. The bill, filed last September and co-sponsored by 48 legislators, has moved relatively swiftly through the legislative process thus far.

“More than one million children and teenagers attend school in Massachusetts each day,” said Gregg. “Motor vehicle exhaust is highly toxic to human health and the environment, and many chemicals found in these fumes are identical to those found in tobacco smoke. This bill will ensure that our children, teachers, staff, school bus drivers and visitors are able to breathe cleaner, healthier air. I applaud Senator Downing and his colleagues for passing this bill.”

“The air is a public trust- we must work to improve and protect it. By eliminating engine idling and the pollution that comes from it at our schools, we will be providing healthier air for our children to breathe. We applaud the passage of this legislation and its intent to improve public health,” said Jeffrey Seyler, President and CEO of the American Lung Association of New England.

This legislation addresses many pressing issues facing policy-makers in the Commonwealth, such as air quality, public health, environmental stewardship and transportation costs. Across the state, over 9,000 school buses and 770 school vehicles transport nearly 750,000 children to school each day. Children board idling buses that fill the air with dangerous emissions, running cars waiting to pick children up from school also contribute to this pollution. This unnecessary idling pumps added carbon dioxide into playground air, while school ventilation systems draw in these harmful fumes and re-circulate them throughout school buildings. Children breathe up to 50 percent more air per pound of body weight than adults, making them more susceptible to both acute and chronic respiratory problems including asthma, the leading source of chronic illness among children and leading cause of school absenteeism.

School buses “idle-away” an average of 1.35 million gallons of fuel annually. With fuel prices topping $3.00 per gallon, this legislation will save school districts statewide over $4 million each year.

Contrary to common belief, warming engines before driving does not improve fuel efficiency. Ten seconds of idling uses more fuel than turning the engine off. Idling increases maintenance costs because it leaves fuel residues that contaminate motor oil and clog fuel injectors. Vehicles idling 10 minutes per day waste more than 29 gallons of fuel each year.

This is the first bill drafted and sponsored by Downing to be engrossed by the Senate. The proposal is now before the House of Representatives for further action.

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"Health care bill sails in Senate"
By Matt Murphy, (Berkshire) Eagle Boston Bureau
Friday, April 18, 2008

BOSTON — With the state's landmark health care reform law threatening to bleed state coffers, Senate lawmakers yesterday took a significant step toward reining in the long-term costs of providing health care in Massachusetts.

The Senate passed legislation, filed by Senate President Therese Murray, D-Plymouth, that would move the state toward electronic medical records by 2015 and standardized insurance claims for doctors by 2012.

The bill also imposes a ban on gifts to doctors from pharmaceutical companies carrying a $5,000 fine, eliminating a previous provision that would have imposed criminal penalties but requiring pharmaceutical representatives to be licensed by the Department of Public Health.

The law would make Massachusetts the first state to ban such gifts, seen by critics as driving up the cost of prescription drugs.

"This legislation is crucial to the future vitality of our health care system and our economy," Murray said.

"We need to get this legislation to the governor's desk as soon as possible, and I look forward to working with our friends in the House to get this done quickly. The cost of inaction is too great," she said, echoing a popular refrain of Gov. Deval L. Patrick.

The passage of the bill comes a day after Patrick filed a supplemental budget requesting an additional $153 million to cover the greater than anticipated cost of the state subsidized insurance program, Commonwealth Care.

More than 300,000 new people have signed up for insurance since the health care reform law was enacted.

"I'm not worried so much. On one hand it's been successful. We've insured a lot of people more than we expected, so our costs are higher now. We're victims of our own success, but we want to be the beneficiaries of that success down the road," said Sen. Steven Panagiotakos, chairman of Senate Ways and Means.

The transition to electronic medical records is estimated to cost $25 million — which the Senate is now committed to pay in its budget — but is expected to produce long-term savings. Part of the profits from a $1 hike in the state cigarette tax could be used to cover the initial cost.

The bill also includes a loan-forgiveness program for nurses, expands enrollment at state medical schools and allows patients to choose nurse practitioners as their primary care provider to increase access to medical treatment and reduce the burden on emergency rooms.

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"Massachusetts senate president opposes proposed aircraft tax"
by The (Springfield) Republican Newsroom, Friday April 18, 2008, 2:43 PM
By DAN RING, dring@repub.com

BOSTON - Opponents now have a powerful new ally on Beacon Hill in their effort to block a plan to restore the 5 percent sales tax on aircraft and aircraft parts.

Senate President Therese Murray, D-Plymouth, opposes reinstating the tax, according to her spokesman, David Falcone.

"The president is not in favor of reinstating the sales tax on aircraft and aircraft parts," Falcone said. "She wants to keep the exemption in place. Removing the exemption would drive businesses out of the state."

In his version of the state budget for the fiscal year starting July 1, Gov. Deval L. Patrick proposed restoring the tax, saying it could raise about $9 million a year.

House budget leaders are supporting Patrick's effort to bring back the sales tax on aircraft, part of a $166 million tax-increase package.

Members of the state House of Representatives could vote as soon as April 28 on the proposal.

A revival of a sales tax could hurt businesses such as AirFlyte and General Dynamics Aviation Services at Barnes Municipal Airport in Westfield.

State legislators from Westfield in 2001 won a major victory at the Statehouse when they helped pass a law to eliminate the tax on the sale of aircraft and aircraft parts.

(More details in The Republican tomorrow: Saturday, April 19, 2008.)

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State Senate President Therese Murray, D-Plymouth, opposes reinstating a 5 percent aircraft tax.
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"Downing, Guyer Laud Pharmacist's Appointment to Board"
iBerkshires.com - April 24, 2008

DALTON — Dalton resident Stanley B. Walczyk, owner and president of O'Laughlin's Home Care Pharmacy & Medical Equipment, has been appointed by Gov. Deval Patrick to the state Board of Registration in Pharmacy.

"When supporting Stan Walczyk's candidacy for appointment, I knew he’d be a natural fit for the Board," said state Sen. Benjamin B. Downing, D-Pittsfield. "Having a longtime community leader from Berkshire County serving on this important body who understands the importance of providing the best in pharmaceutical care will be a tremendous asset to the people of the commonwealth.'

Walczyk has had a long and successful career in pharmacy. He has served in a leadership capacity on various commissions and boards, including his gubernatorial appointment to the Drug Formulary Commission; serving as president of the Massachusetts College of Pharmacy and Health Sciences Alumni Association; and his membership to the Massachusetts Pharmacist Association and National Association of Retail Druggists. He has twice been honored by his peers with professional awards through his receipt of the Bowl of Hygea Award in Pharmacy (1984) and the Joseph P. Gagne Award (1992).

"I am very pleased that the governor has appointed Mr. Walczyk to the board. He is a well respected member of the community and very knowledgeable in the pharmacy field," said state Rep. Denis E. Guyer, D-Dalton. "He will bring a great deal of expertise and a strong voice from Berkshire County to the table. I am honored that I was given the opportunity to support his candidacy."

Walczyk said, "It's an honor to be appointed as a member of the Board of Registration in Pharmacy. I look forward to the opportunity to serve the commonwealth and bring the concerns of community pharmacy to the forefront."

The Board of Registration in Pharmacy serves the Department of Public Health to promote, preserve and protect the public health, safety and welfare by fostering the provision of quality pharmaceutical care to the citizens of Massachusetts through the regulation of the practice of pharmacy, the operation of pharmacies, and the distribution of prescription drugs in the public interest.

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"Biofuels Could Be Boon for Bay State"
By Tammy Daniels -iBerkshires Staff- April 24, 2008

NORTH ADAMS — The biofuels industry could pump anywhere from $280 million to a billion a year into the state's economy, generate thousands of jobs and position Massachusetts as a leader in alternative energy development and research.

That was just one of the findings of the Advanced Biofuels Task Force, which released its final report on Wednesday.

One of the major points the task force made was the importance of developing a low-carbon fuel standard to frame the development of the state's biofuels industry.

Gov. Deval Patrick, along with Senate President Therese Murray and House Speaker Salvatore DiMasi, the state leaders who charged the task force to explore biofuel policies, endorsed the development of a standard that would set limits on greenhouse gas emissions.

"A Low-Carbon Fuel Standard is the next step in encouraging the growth of our clean energy sector," said Patrick in a statement. "We get our fuels from a regional market, so the best way to encourage alternatives to petroleum is through a regional approach.

"Developed and implemented with our neighbors, with whom we're already cooperating to reduce greenhouse gas emissions from electric power plants, a regionwide Low Carbon Fuel Standard will have a profound impact on emissions from transportation and heating and spur the growth of the clean energy industry."

The report recommends a "technology neutral" approach to achieving the standard. That way, say task force members, the marketplace will "drive the development of alternative fuels and technologies at the lowest cost."

"The problem with some states that we've seen is that they're putting the dollar before the environmental resources," said Sen. Benjamin B. Downing, D-Pittsfield, one of three state senators appointed to the task force.

An informed policy on biofuels has to take into account land use and food resources, he said.

For example, some Midwest states have invested heavily in ethanol based on their corn industry, which could have an impact on food resources — the more land used for biofuel the less there is for food production, which can lead to deforestation to clear more space for food crops.

Massachusetts can't compete on that level agriculturally and shouldn't anyway, said the report.

"We're looking at woody brush, we're looking at algae, we're looking at other cellulosic-based biofuels," said Downing. "Hopefully, we can create a market for non-food-based stocks."

According to the report, many of these biomass fuels could be derived from feedstocks on "agriculturally marginal lands" that would not need massive clearing or fertilizers, and would not compete with food production. It also advised researching waste products, such as vegetable oils from restaurants.

The report also advises more research into the use of waste products, tax incentives and credits, a temporary cellulosic fuel gas-tax exemption to make it more competitive, grants and loans to attract biofuel research facilities, private-public research and educational partnerships, regional cooperation and investment in a delivery infrastructure that is now geared "almost exclusively" to petroleum products.

California is the only state in the nation to adopt a Low-Carbon Fuel Standard, and is now developing regulations to put the standard into effect.

"I applaud Massachusetts and Governor Deval Patrick and legislative leaders for taking bipartisan action to fight global warming today by adopting a Low Carbon Fuel Standard modeled after California's," said California Gov. Arnold Schwarzenegger in a statement. "By requiring fuel providers to reduce the carbon intensity of transportation fuels, our Low-Carbon Fuel Standards will reduce our dependence on oil, boost our clean technology industry nationwide and reduce greenhouse gas emissions."

Patrick has directed Secretary of Energy and Environmental Affairs Ian Bowles, chairman of the task force, to begin developing standard that other states and Canadian provinces could consider adopting. The governor also said he would reach out his peers on the Regional Greenhouse Gas Initiative to explore development of a regional standard.

The task force spent five months researching biofuels and taking testimony at four public hearings, including one held in Lenox earlier this year.

"Advanced" biofuels — fuels generally derived from non-food-based feedstocks and defined in federal law as those that yield a net lifecycle reduction in greenhouse gas emissions of at least 50 percent compared with fossil fuels — offer the greatest potential benefit for both the environment and the economy in Massachusetts, the task force found.

"The task force recommendations will propel the commonwealth toward its goal of becoming a world-class center for the research and development of commercially viable advanced biofuels," said Downing. "Our report aggressively moves this sector forward while prioritizing the maintenance of the very highest environmental standards."

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"Senate releases $28B state budget"
By Steve LeBlanc, Associated Press
Thursday, May 15, 2008

BOSTON -- As Senate leaders unveiled a $28 billion budget Wednesday that relies heavily on new taxes and money from the state's "rainy day" fund, Republicans pledged to file Gov. Deval Patrick's casino bill as an amendment to the spending plan, saying the state needs new revenues.

The move, which could breathe new life into Patrick's plan, comes a week after the governor told a Brookline Chamber of Commerce audience that his legislation to legalize casino gambling in Mass-achusetts "may yet come back."

The House earlier this year overwhelmingly defeated the casino measure, essentially killing it for the year, but Republicans say they want to give the Senate, which has supported expanded gaming in the past, a chance to vote on the plan.

"We want to fortify the governor's efforts going forward if he intends to refile the bill in the new year," said Republican Sen. Mich-ael Knapik, R-Westfield. "Plus, we need the money."

It's unclear what kind of reception the casino amendment would get during the Senate budget debate, scheduled for next week. Democratic Senate leaders have indicated support for Patrick's plan in the past, but not as a budget amendment.

Patrick gave no indication he would support the Republican amendment.

"It's clear from the House's vote earlier this year that there appears to be little chance of final passage for casino legislation this session," said Patrick spokeswoman Rebec-ca Deusser. "The governor's focus for the remainder of the session will be on his economic stimulus plan including passage of the life sciences and clean energy initiatives."

Even if the Senate adopts the amendment, it would face opposition from House lawmakers as both chambers hammer out a compromise budget.

Like the House budget, the Senate spending plan relies on hundreds of millions of dollars in new revenues from a proposed $1-a-pack cigarette tax hike and the closing of so-called business tax loopholes. It also raids the state's rainy day fund for nearly $400 million.

Senate Ways and Means Chair-man Steven Panagiotakos, D-Lowell, said the budget plan was fiscally responsible.

"These recommendations are a balanced, fair approach to addressing the most pressing needs of the commonwealth while remaining mindful of the declining economy," Panagiotakos said.

Besides the $400 million from the state's rainy day fund, the budget also relies on $175 million in projected revenues from the cigarette tax, $297 in added revenues from the business loophole closings and another $157 million from tighter enforcement by the Department of Revenue.

He also said the budget includes "tens of millions" in cuts.

The Senate plan also includes $5 million for a universal pre-kindergarten program, $5 million for a new program to keep those addicted to opiates out of jail, and $25 million to help create a statewide electronic medical rec-ords system.

One of the biggest question marks in the budget is funding for the state's 2006 landmark health care law. Senate budget writers used an estimate of $869 million to cover the law's subsidized health care program known as Com-monwealth Care.

But the administration's own, more current estimates -- based on the unexpected success of the program -- have added about $200 million to the cost. That's in addition to the $200 million above original estimates for Mass Health, the state's Medicaid program.

Critics say the $400 million in higher-than-expected health care costs on top of the $400 million the plan already draws from the rainy day fund and other, smaller cost increases could force the state to draw as much as $1 billion from the rainy day fund.

"If you look at the structural balance, meaning revenues coming in and spending going out, it's about a billion dollar gap," said Michael Widmer, president of the business-backed Massachusetts Taxpayers Foundation.

Panagiotakos defended using the original Commonwealth Care estimate, pointing out the same estimate was used by the House when it drafted its budget. But he also expressed concern about drawing too much from the rainy day fund, meant to help the state weather fiscal slumps.

"We are going to need that rainy day account if we get into any type of major economic downfall," he said.

Panagiotakos, who also supports casino gambling, said there's nothing stopping Republicans from offering Patrick's bill as an amendment.

He wouldn't say whether he thought the amendment would pass.

"There are going to be a lot of amendments and we are going to take them up one by one," he said.

Asked last week during a Brookline Chamber of Commerce address about whether his casino plan was dead or not, Patrick said: "It may yet come back in the Legislature. I acknowledge it's hard."

Besides pushing the casino amendment, Knapik also said he was concerned with the spiraling cost of the health care law, saying it's siphoning money away from other pressing needs.

He said the Senate should consider restricting parts of the law, designed to mandate health care to virtually all Massachusetts residents.

"We ought to have that debate," he said. "We've got to put the entire discussion of the scope of the law on the table."

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Photo of Senator Benjamin Downing, May 20, 2008
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www.thetranscript.com/headlines/ci_9320985
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"Community service"
The North Adams Transcript, or, TheTranscript.com
Tuesday, May 20, 2008

Senator Ben Downing, top, buses tables at the 'Wait-a-thon' at Bounti-Fare in Adams on Monday night, where local celebrities and pillars of the community serve the public. Proceeds from the dinner benefit the Adams Youth Center.
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"Pittsfield to host Senate energy hearing"
By Scott Stafford, Berkshire Eagle Staff
Monday, May 26, 2008

In Berkshire County, where three paper mills have closed and a water bottling company has balked on plans for a new facility all because of the high cost of power, small and medium-size businesses are reeling.

Local economic development officials are seeing the hills that they must climb to attract new businesses — and retain existing ones — grow ever steeper as Western Massachusetts Electric Company (WMECO) continues to increase its commercial rates for power.

This is the setting that U.S. Sen. John F. Kerry chose for a field hearing of the Senate Committee on Small Business and Entrepreneurship, during which local business leaders will testify on the cost of energy and the effect it is having on their ability to make a profit and maintain employment levels.

The hearing, titled "The Rising Costs of Energy: Challenges and Opportunities for Small Businesses," will convene Wednesday at 10 a.m. at Berkshire Community College in the Susan B. Anthony Building's cafeteria, 1350 West St., Pittsfield.

"The Berkshires is facing a very tough challenge, as it has for a number of years," Kerry said during a phone interview from his office in Boston. "It's a concern, and the more we can build a record that shows what's happening in different parts of the country with regard to small business, we build a record for legislating and to find what remedies there might be."

Other field hearings held

Kerry said the committee has conducted field hearings in New Orleans, Maine and other locales, depending on the topic. Pittsfield was chosen for this one because the steep rise in the cost of energy has resulted in some acute problems for local businesses.

"This is a huge issue now, and it's growing in its importance because it has such a bottom line impact immediately," Kerry said. "All of a sudden, the products you're delivering cost you more money to produce. It's a real pressure on the economic structure."

He noted that, among all the factors involved in the rising cost of energy, the rapidly increasing worldwide demand may be the most important.

"One of the things we want to do is get committed to clean energies, clean technologies," he said.

He said Congress already has been trying to move the nation to renewable energy sources.

Kerry cited a bill that was passed by the Senate Finance Committee last year that included "major incentives for alternatives and renewables — it would have encouraged people to buy hybrid cars and retrofit their homes, but we got beaten back by the oil industry."

Six witnesses scheduled

There are six witnesses scheduled to testify to the committee so far: state Attorney General Martha Coakley; North Adams Mayor John Barrett III; state Secretary of Energy and Environmental Affairs Ian A. Bowles; Jef Sharp, president and CEO of SunEthanol Inc. in Hadley; Michael Supranowicz, president and CEO of the Berkshire Chamber of Commerce; and David J. Manning, executive vice president of U.S. External Affairs for National Grid.

"I'm going to basically tell them how it has an impact on our economy," Barrett said. "I don't care what anyone says, I think this is a direct result of futures trading in (oil) commodities contracts, and it's been allowed to go on unchecked. And I think there is gouging going on. It's a direct result of greed, and it's been allowed by the federal government."

Barrett said he is very concerned about local residents and businesses and what they'll do to heat their homes next winter.

"The free enterprise system is great, but when it's jeopardizing the country, something has to be done about it," he said. "It is a national crisis, and it will take severe action to make it right."

Supranowicz said that, in New England, the playing field is tilted more and more to other regions of the country because of the cost of energy for small and medium-size businesses.

"From a chamber standpoint, we want to talk about the fact that the electricity costs are way too high in Massachusetts and in the Northeast in general," he said. "It certainly puts our small businesses at a disadvantage. One main reason is competition — it's getting harder and harder to pass these costs on to the customers of these businesses, so they're forced to absorb more, and it's having a real bad impact on their bottom line."

Recent ruling

A recent ruling issued by Coakley's office noted that WMECO poorly communicated a price increase of 55 percent for electricity used by local businesses in early 2007 — a cost increase that had catastrophic impacts on the local paper industry and on others — and noted that the company has requested another 30 percent midyear increase for local businesses.

Supranowicz said the chamber is encouraging all of its members to attend Wednesday's hearing. And although no verbal comments from the audience will be accepted, members of the business community are welcome to submit comments for the record in writing to the committee.

"We encourage them to do so," Kerry said.
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To reach Scott Stafford: sstafford@berkshireeagle.com, (413) 664-4995.
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"Downing Announces FY09 Senate Budget"
iBerkshires.com - May 23, 2008

Boston - State Senator Benjamin B. Downing (D-Pittsfield) announces that the Massachusetts Senate concluded its budget deliberations for Fiscal Year 2009. Downing successfully ushered the adoption of several amendments during the Senate debate, securing critical funding for programs important to his Berkshire, Hampshire & Franklin District.

“This budget is clearly focused on essential programs and government services. I’m pleased that the Senate’s spending plan includes funding I proposed for many key local initiatives,” said Downing.

During the course of its debate the Senate adopted the following amendments sponsored and supported by Senator Downing in its final budget:

$200,000 for Barrington Stage Company, located in the City of Pittsfield;

$100,000 for the costs associated with the use of the Joseph Scelsi Intermodal Center by Berkshire Community College and Massachusetts College of Liberal Arts to bring public higher education courses to a downtown Pittsfield location;

Authorization for the Berkshire Sheriff’s Department to retain and employ an additional $50,000 in revenues collected by the Department, for a total of $250,000 to support regional communication initiatives;

Language reinstating the ability of Regional Transit Authorities to borrow under the full faith and credit of the Commonwealth. This proposal will allow RTAs – including the Berkshire, Franklin and Pioneer Valley Regional Transit Authorities - to pay a lower interest rate on borrowed monies, ultimately saving them drastically needed funds;

Language directing the Division of Health Care Finance and Policy to create a new classification of nursing homes to exempt a Berkshire County nursing home that would otherwise qualify for the nursing home user fee exemption to be excused from charging residents the fee. This would open the exemption, pending federal approval, to Berkshire Place, based on their status as a non-Medicaid facility;

Language establishing a Dairy Farm Tax Credit to support the sustainability of the state’s dairy farm industry by creating a refundable income tax credit based on the amount of milk produced and sold;

$100,000 for Nutritional Assistance to provide legal Massachusetts immigrants with enhanced access to nutritional assistance benefits;

$650,000 for Citizenship Services for New Americans to assist legal permanent Massachusetts residents in becoming citizens of the United States;

$5,395,694 for the Mass. Family Networks Grant Program to support outreach programs for young families;

Language authorizing Massachusetts’ state and community college to establish tuition and fee retention rates to preserve affordability of these higher education institutions for all residents of the Commonwealth, and;

Language authorizing cost saving measures for the administrative practices of summer camps, to protect the safety of children by allowing the various state regulatory bodies to share CORI information for all employees.

Many of Downing’s local priorities were funded in the Senate Ways and Means Committee’s original spending proposal, and therefore were not subject to the budget debate.

These include:

$223 million increase in Chapter 70 Public Education aid from FY08;

$935 million in Lottery Aid for direct payments to cities and towns;

$250,000 for Berkshire Economic Development Corporation;

$75,000 for Berkshire County Housing Mediation in Pittsfield through the Berkshire Regional Housing Authority;

$150,000 for Berkshire County Drug Taskforce to combat drug and violent crime activity throughout the county;

$100,000 for United Veterans of America – Pittsfield to provide services to veterans in Berkshire County as well as $220,000 for United Veterans of America to provide services to homeless veterans at their shelter in Leeds;

$7 million transfer from the state reserve account to the Cultural Facilities Fund;

Budget language to increase the COLA base of state and teachers retirement systems and local retirement systems to $16,000- a policy Senator Downing advanced earlier in the session when he served as Chair of Public Service;

$42,000 for Turner House in Williamstown to fund veterans’ services;

$150,000 for Berkshire County Youth Development Project to fund youth intervention services;

$400,000 for Northern Berkshire Community Coalition to administer teen pregnancy prevention programs in Pittsfield and North Adams;

$75,000 for Samuel Harrison House to help restore and preserve the historical Pittsfield site;

$20,000 for Berkshire Theatre Festival;

$50,000 for Mediation and Training Collaborative of Franklin County;

$1 million to fund a statewide grant program for tourist information centers, such as the Adams Visitor Center;

$200,000 for Western Massachusetts Enterprise Fund;

$54,690 for Court Appointed Special Advocates (CASA) of Berkshire County to fund programs that provide abused and neglected children with a voice in court;

$77,478 for Court Appointed Special Advocates (CASA) of Hampshire and Franklin Counties to fund programs that provide abused and neglected children with a voice in court;

$50,000 for the Senior Farm Share Program;

$50,000 for Franklin Community Action Corporation;

$200,000 for North Quabbin Community Coalition;

$90,000 for Franklin Medical Center’s Beacon Recovery Program at the Orange Recovery House, and;

$14,800 for Franklin Regional Council of Governments.

The differences in the final House and Senate budgets will now be considered and resolved by a conference committee. FY 2009 begins on July 1, 2008.
More information on the House and Senate budget recommendations can be found at: http://www.mass.gov/legis/09budget/house and http://www.mass.gov/legis/09budget/senate/index.htm.

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"Senate President Murray attacks proposed income tax question"
The Associated Press, Thursday, June 12, 2008

BOSTON (AP) — Massachusetts is marching through the nation's fiscal storm, but its progress and future are threatened by a November ballot question proposing to eliminate the state income tax, Senate President Therese Murray said today.

The Plymouth Democrat told a Greater Boston Chamber of Commerce breakfast that repealing the 5.3 percent rate — a proposal from Libertarian Carla Howell that nearly won approval in 2002 — would trigger property tax increases and sharp local aid cuts.

"People have to realize that it is a binding initiative that would lead to debilitating cuts in local aid, including education and public safety. That would mean laying off teachers, police and firefighters, closing schools and shutting down road projects," Murray said.

"All we have to do is look at Florida, for example: no income tax, but their property taxes are a cause for revolt," she added.

Chamber President Paul Guzzi quickly signaled his support, saying his group and others from the business community would voice their opposition to the question. The state derives $12 billion out of its roughly $27 billion budget from income tax receipts. Eliminating the income tax would cut the budget back to its 1995 level.

"It's irresponsible and it goes too far, and reasonable people understand that," Guzzi said.

Anti-tax activists are working to gather 11,000 signatures needed to get the question on the fall ballot after gathering 66,000 to clear a first legal hurdle. A similar question got 45 percent of the vote six years ago.

The question proposes to eliminate taxes on wages, interest, dividends and capital gains. Supporters say that would give 3 million taxpayers an average of $3,600 annually.

In a statement on the Web site of her group, the Committee for Small Government, Howell wrote: "This $3,600-a-year increase in your take-home paycheck means more family money to spend, save and invest. And, statewide, it will create hundreds of thousands of jobs."

Howell did not immediately return an e-mail seeking reaction to Murray's criticism.

In her speech, Murray revealed the Senate would pass Gov. Deval Patrick's $1 billion life sciences initiative today, allowing him to sign it before he, Murray and House Speaker Salvatore DiMasi travel to San Diego next week for a national biotechnology conference.

"This is a very competitive business and I think we've got the best package," she said. "We have cash and we have bonds."

She said $120 million in film industry tax credits are generating about $500 million in business for the state, and she expects Massachusetts to be the site of at least one Hollywood sound stage soon. But Murray said she would not support any more tax breaks until construction has been completed and work is under way.

"I think if they get in the ground, they get up and running, they want to come back to us and talk about post-production tax breaks, I'll be all ears," she said.

On a political note, the state's first female Senate president gave voice to a challenge confronting Barack Obama, the Democratic presidential nominee-in-waiting, as he seeks to gain votes from supporters of Hillary Rodham Clinton.

Murray, a staunch backer of Clinton, said she was disappointed Clinton had failed to become the nation's first female president.

Asked by Guzzi who she would support now, Murray refused to even utter Obama's name as she gave him a lukewarm endorsement.

"We thought that certainly in my generation that that glass ceiling would have been able to break by now, and it looks like certainly in my lifetime, I will not see a woman president, and that is not lost on me or on many other women of a particular age group, or younger, or men," she said. "So, yeah, I'm disappointed — but I'm a Democrat."

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"City takes first steps at green: Pittsfield picked to take part in solar-lighting program"
By Tony Dobrowolski, Berkshire Eagle Staff
Friday, June 13, 2008

PITTSFIELD — The city of Pittsfield is taking its first step toward going green.

With the help of state Sen. Benjamin B. Downing, Pittsfield has been selected to participate in the Massachusetts Technology Collaborative's solar-powered lighting system pilot program.

Yesterday, a solar-powered lighting system was installed to illuminate the flagpole at Herberg Middle School on Pomeroy Avenue.

"It's a permanent system," said James McGrath, Pittsfield parks, open space and natural resources coordinator. "It will illuminate the flagpole at the middle school forever."

Union members donating time

The system will be installed by the International Brotherhood of Electrical Workers No. 7, whose members have donated their time, McGrath said.

It will provide seven hours of peak lighting. At night, the lights will dim to 30 percent of peak, with six hours of dusk and one hour of predawn light.

According to McGrath, Downing, a Pittsfield Democrat, made the city aware that the Massachusetts Technology Collaborative was looking for pilot sites for solar-powered systems. City officials contacted the agency, which has an office on South Church Street, and were awarded the system.

The solar-powered system originally was scheduled to be installed last month to light the flagpole at Veterans' Memorial Park on South Street. But further testing revealed that solar power would be ineffective in that area year-round.

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"No accountability on gay marriage"
The Berkshire Eagle - Letters
Friday, July 18, 2008

In its July 15 decision to repeal a Massachusetts marriage law prohibiting out-of-state persons from marriages in the Commonwealth which would be illegal in their home states, our state Senators took a voice vote, allowing them to escape going on record with their individual conclusions on these questions, a question at the center of our most momentous human understandings. News reports indicated that not even one state senator raised any debate prior to the voice vote. The political expedience of this maneuver — by which our senators evaded any and all accountability to the people who elected them — is completely unacceptable in a government of the people.

Marriage is the oldest and most vital social institution in human history, and the most critical to the nurture of children. Its implied and logical definition necessitates that it be comprised of only one man and one woman. By redefining this institution without regard to the gender of its participants, Massachusetts has embarked on a radical social experiment, using our established system of laws, our historic shared cultural agreements, and the future prospects of our children as its risk capital.

When our elected officials attempt to modify the very foundations of our human societal structures, and in doing so are unwilling to engage in thorough debate or a public record of their individual votes, they have reached an unprecedented pinnacle of imperial arrogance, and need to be replaced by legislators who understand that transparent accountability to the citizens who elect them, combined with honest and deliberate consideration of critical legal precedent are the highest responsibilities of their office.

MATT KINNAMAN
Lee, Massachusetts

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From left to right: Sen. Downing; Daniel Dillon; Philip F. Mangano, Executive Director of the U. S. Interagency Council on Homelessness; Robert Pulster, Executive Director of the Massachusetts Council on Homelessness; North Adams Mayor John Barrett III; and Pittsfield Mayor James Ruberto.
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"Downing Hosts Roll-Out of 10-Year Plan to End Homelessness"

As Co-Chairs of the Berkshire County Leadership Council, Senator Downing and Daniel Dillon hosted an event to unveil a ten-year strategic plan to end homelessness and housing instability in Berkshire County. Thank you to all who attended and showed support as we tackle this important issue.

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www.bendowning.org/UserFiles/File/PlanToEndHomelessness.pdf
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The Berkshire Eagle - Editorials
Monday, July 28, 2008

"Back global warming act"

With the Legislature scheduled to end its session this week, we hope the House will join the Senate in passing the Global Warming Solutions Act, which would require greenhouse gas emissions to be 20 percent below 1990 levels by 2020 and 80 percent below by 2050. The bill makes obvious sense environmentally, but it makes good sense economically as well, as it will prod the state to take the initiative in promoting alternative energy sources that pollute less and encourage the businesses that develop these alternative sources. Speaker Salvatore DiMasi has not taken a stand on the bill, which is endorsed by more than 100 House members who signed a letter to the Speaker expressing that support. No one on Beacon Hill has expressed sound reasons for opposition, and we hope the House will take up the Act and send it to the governor for his signature before the session concludes.

"Energy panel will help"

Beacon Hill is wisely using these hot weather months to get a jump on the coming winter with the creation by Governor Patrick and House and Senate leadership of a nine-member panel to find ways to help residents winterize their homes and to assure that the poorest in the state are connected with the appropriate social service agencies in getting heat for their homes. This effort will receive a huge boost if Senator Kerry succeeds in his efforts to win increased funding for the Low Income Home Energy Assistance Program, which President Bush has proposed cutting. The average Massachusetts household is expected to spend roughly $3,700 on heating oil this winter, a sum that will inconvenience many but could result in life or death decisions for poor families and the elderly if they don't get assistance from Boston and Washington, as well as from their community organizations.

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Berkshire Brigades

Mark Your Calendars!

Thursday, August 21, 2008, Fundraiser for State Senator Ben Downing at the home of Mary Pat and James Akers, from 5-7, 170 Christian Hill Road, Great Barrington. Suggested donation $25. Info & details, email: mpakers@gmail.com

Source: www.berkshirebrigades.org/calendar.html

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"Breaking a myth: Senator's visit shatters perception of city"
By Jessica Willis, Berkshire Eagle Staff
Friday, August 29, 2008

PITTSFIELD — He looked upon the state's "unheralded jewel" yesterday and he found it good. Better than good.

"Your downtown is gorgeous," said State Sen. Steven C. Panagiotakos, D-Lowell. "This is my first time in Pittsfield, and what I knew was (General Electric). I read about Pittsfield as a 'down on your luck' place. The opposite is true."

Panagiotakos, who is the chairman of the state Senate's Ways and Means Committee, the legislative panel that considers all of the state's financial matters, took part in a round-table discussion yesterday with key players in the county's creative economy. He also visited some of the new gems in the city's crown: the Barrington Stage

Company, the Colonial Theatre, and the new public higher-education facilities at the Joseph R. Scelsi Intermodal Transportation Center.

For the county's creative leaders, discussion and the tour was a way to tell — and show — one of the prime movers in the Legislature just how important cultural venues are in the Berkshires.

According to one round table participant, the visit was also a way to show Panagiotakos that Pittsfield's planning phase is over, the rebirth is well underway, and the county's cultural venues are more than just window dressing.

"We shouldn't think of these places as decorations," said Stephen C. Sheppard, director of the Center of Creative Community Development and a professor of economics at Williams College. "They are a viable and integral part of the community. The first steps have been taken, and we need a continuation of that."

Sheppard told the round table that Tanglewood added about $60 million a year to the Berkshire economy, and Mass MoCA another $15 million a year.

"Communities that have a robust creative sector are more attractive places to live, and it buoys property values," Sheppard said.

And when that robustness creates restaurants, museums, theaters, galleries and shopping, it's attractive to businesses considering a relocation to the county, said David M. Rooney, the president of the Berkshire Economic Development Corporation.

"When we go out and talk to companies, they always want to know what kinds of amenities we have," Rooney said.

Panagiotakos' visit was hosted by his colleague, state Sen. Benjamin B. Downing, D-Pittsfield, who pointed out that his city "had broken through the myth" that the good old days are long past.

"My generation was always told that we didn't know the golden age of Pittsfield," the 26-year-old Downing said. "We were always told how good it used to be, and to assume the worst."

Meghan Whilden, Pittsfield's director of cultural development, said that many of the city's young natives who left for Boston and New York were now coming back.

"We're sending out the message that Pittsfield is better than it's ever been," she said.

When conversation turned to finances and funding from the Legislature, Panagiotakos had good news to share: Fiscal 2008 turned out to be a good year for the state, with $42 million over the benchmark in July, the first month of the new fiscal year.

But he warned those numbers were somewhat misleading, Panagiotakos said, because the governor could make further cuts.

Furthermore, if the state doesn't get its Medicaid waivers from the federal government, it could cost the state $600 million, Panagiotakos said.

"It would be devastating," he said. "But if there are changes and things have to be scaled back, you can still push forward. Make your case plan, so if the (economy) turns, you'll be there right away."
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To reach Jessica Willis: jwillis@berkshireeagle.com, (413) 528-3660.
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"Legislative gap widens between parties"
By Trevor Jones, Berkshire Eagle Staff
Monday, September 29, 2008

With election day a little over a month away, no one knows for sure what party will be in the White House this January.

The same can't be said for Berkshire County's state legislators though, as each race was over before it began.

That is because the five local representatives in the state legislature, all Democrats, are running unopposed by Republicans in November's election. And while Republicans have been outnumbered in the state for more than 50 years, the difference seems even more pronounced today.

"I've never seen it as bad as it is," said North Adams Mayor John Barrett III, a Democrat, about the state of the Republican party in the Berkshires.

Massachusetts' longest-tenured mayor, Barrett said the parties inability to field quality candidates is at an all-time high, and while there is a chance to regain seats down the road, he doesn't see it happening any time soon.

"The most glaring thing to me was Silvio Conte's passing in 1991. There wasn't anyone more dynamic. He kept the Republican party together in Western Massachusetts and Berkshire County, but they never replaced him with the next generation," Barret said.

The Democrats currently hold the Governor's office, each of the state's 12 seats in the U.S. Congress, along with a 141 to 19 majority in the state house of representatives and a 35 to 5 advantage in the state senate.

The Democratic domination has left some local Republicans feeling underrepresented in state's legislation.

"(State Republicans) can't do anything. They don't have the legal right to do a thing," said Peter Giftos, executive director of the Berkshire County Republican Association, about the GOP's inability to block legislation or have any of their own adopted.

Giftos believes the inability of Republicans to form a serious minority opposition is bad for everyone.

"I don't care what party it is, Republican or Democrat, no party should be in control for too long," Giftos said. "What history tells us is that when one party rules for too long you are going to have ultimate corruption and we've got it."

Voter registration numbers don't offer much hope for Republicans. In the state's presidential primary in February, the First District, which includes Berkshire County, 110,947 Democrats turned out, as opposed to only 43,766 Republicans.

The inability of Republicans to win elections and the party's large enrollment deficit has left potential candidates weary of running.

"We can't find good people willing to take the risk, because they know people aren't willing to vote for them," said Giftos.

Giftos himself said he was hesitant to get involved in local politics when party organizers asked him to head the local group.

"Why should I waste my time trying to rebuild the Republican party here?" Giftos said about his initial response to the job offer.

The Democratic stronghold on state politics has not always been the case though, as Republicans controlled state politics for most of the second half of the 19th century, even holding both U.S. senate seats and a majority of U.S. representatives seats as late as 1949.

"These things go through ups and downs. We hope for a strong roster of candidates next time out," said Matt Kinnaman of Lee, who has ran on the Republican ticket twice this decade. He believes Republicans will have a chance to retain more seats if they keep the focus on small government.

"People were very excited (when I ran)," said Kinnaman. "Local Republicans were thrilled to have a candidate being aggressive and enthused about their chances."

Despite the their status as an overwhelming minority, Republicans are better off with no candidate than a poor one, according to former GOP Gov. Jane Swift. "I don't measure success on if some we have someone running," she said. "To run anyone, just to fill up the ticket, is not good for the party in the long run."

After losing the governor's seat with the election of Deval L. Patrick in 2006, state Republicans have decided to regroup and start a grassroots campaign to put more Republicans on school boards and town administrations, according to Barney Keller, communications director for the Massachusetts Republican Party.

"We're starting out small and developing quality candidates for the future," said Keller. "Is this going to happen over night? No."

Keller pointed to the fact that there are more unenrolled voters in the state than all the parties combined. He believes that if Republicans stick to a message of fiscal conservatism there will be room for advancement down the road.

Perhaps the greatest sign of the GOP's struggling reputation in the area would be the person Republicans have chosen to run for the U.S. Congress for Berkshire County's district.

Nathan Bech, a veteran of both the Iraq and Afghanistan wars, may be on the Republican ticket, but is running more as an independent than anything else, according to Brian Murphy, Bech's press secretary.

"I think people are fed up with the idea of partisanship. You have to run on your own issues and your own ideas," said Murphy.

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"State income tax to live or die?"
By Jack Dew, Berkshire Eagle Staff, Monday, September 29, 2008

It will either be a budget apocalypse or an end to state waste.

For the second time in six years, Massachusetts voters will be asked to decide whether the state income tax should survive. Proponents say eliminating it will save the average taxpayer $3,700 that could be redirected into the economy. Opponents say it would force disastrous cuts in public spending, bringing the state to its fiscal knees.

The state will raise about $12.7 billion through its 5.3 percent income tax this year and will spend $28.2 billion on everything from police patrols to road construction to education.

Proponents of Question 1 argue the budget is far larger once other spending is added — including borrowed money, unemployment funds, and lottery sales, totaling $47.3 billion, a sum that could more easily absorb a $12.7 billion cut.

Carla Howell, the architect of Question 1 and a paid consultant of the Committee for Small Government, said the state could slash spending simply by rooting out waste and fraud.

"This ballot initiative will force (politicians) to streamline and cut waste from their budget," she said, and declared it "patently false" that cities and towns would have to raise property taxes to make up for lost dollars from the state government, or that the state would be forced to increase sales taxes and fees.

Asked several times to identify items in the state budget that could be cut, Howell offered no specific line items. But she said the state wastes money on unnecessary construction, police details at construction sites, too-rich pensions for state employees, and tax incentives for wealthy corporations.

"People have become more and more aware of government waste, and some of the long-standing processes of wasteful spending are coming to light," she said. "People are disgusted with what they see."

But if the state loses its income tax, said Michael Widmer of the Massachusetts Taxpayers Foundation, a nonpartisan, nonprofit organization that studies state finances, the result would be "a calamity."

The state is constitutionally or contractually obligated to pay for things like Medicaid and debt service, Widmer said. Once that fixed spending is subtracted from the budget pie, the state would be forced to cut 70 percent from what's left to reduce spending by $12.7 billion. That would mean slashing budgets for the courts, prisons, state police, environmental regulators, parks, public colleges and universities.

"This would fundamentally be a tax cut for the wealthy," Widmer said. "No one likes to pay taxes, but the issue is what is the fairest tax system."

Widmer said the supporters of Question 1 radically inflate the state budget, counting things like lottery sales as part of state spending. "They are totally mistaken," he said. "They just don't understand the numbers."

If it passes with a majority of "yes" votes on Nov. 4, Question 1 would reduce the income tax rate from its current 5.3 percent on Jan. 1, and would eliminate the tax entirely in 2010. When the question appeared on the 2002 ballot, it won support from 45 percent of voters. In Berkshire County, 38 percent voted yes.

Matthew Kinnaman, a Lee resident and former Republican candidate for Congress, said he didn't support the question in 2002 but is backing it now, convinced that it will help the state's economy grow by injecting $12 billion in disposable income into people's pockets and attract new residents.

"That money doesn't disappear, it shifts into the hands of the workers," Kinnaman said. "They spend the money and generate new activity and new revenues through their spending. They build the economy bigger."

Howell and the Committee for Small Government often quote a study that states 41 percent of taxpayer dollars is wasted. The statistic, however, comes from a public opinion poll in which respondents were asked how much of their tax dollars was being squandered. It was not derived from an actual study of state spending.

Still, Howell said she is certain that waste and fraud consume a massive amount of taxpayer dollars. When the government is forced to find the fraud, it will, she said.

"They will have to open the books, which they have refused to do, and this is going to force them to cut government waste," Howell said.

State Sen. Benjamin B. Downing disagrees.

"When you hear people who support Question 1 talk about 'waste, fraud and abuse,' you would think there is a line item for it in the budget that we could just eliminate. Believe me, there isn't," said Downing, a Pittsfield Democrat. "Does that mean we can't do things better? No, not at all."

State Rep. William "Smitty" Pignatelli said the cut would be "devastating. I think it would shut down state government halfway through the fiscal year and cripple every city and town in Massachusetts."

Cutting 40 percent of any budget — be it a household checking account or the massive state budget — will hurt, Pignatelli said.

"Gov. (Mitt) Romney touted that he could find $3 billion of waste, fraud and abuse, and he failed miserably," Pignatelli said.

Proponents and opponents alike say they believe the question has a better chance this year, with taxpayers battered by high gas prices, job insecurity and a dire national economy.

Would the Legislature find a way to kill the law, despite the vote?

"There hasn't been any discussion about what would happen if Question 1 were to pass," Downing said. "We are going to go out and work as hard as we can, tell people why we think it is not a good idea, and why we think it is a reckless proposal. Should we have to have that conversation after the election, it won't be pretty."
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To reach Jack Dew: jdew@berkshireeagle.com, (413) 496-6241.
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10/17/2008

District Aide Position

Senator Ben Downing (D-Pittsfield) is seeking applicants for a full-time District Aide position within his Pittsfield office. The responsibilities of the position include, but are not limited to, the following:

. Serving as casework manager for the office: coordinate constituent inquiries with executive branch agencies and offices. Work with constituents on matters related to public housing, RMV, DSS, transportation, family support matters, revenue, child support, etc.;
. Drafting official correspondence on behalf of the Senator;
. Planning the Senator's monthly "Coffee & Conversation" outreach events with local officials as well as other public forums throughout the district's 48 cities and towns;
. Staffing the Senator at various outreach events throughout the district;
Meeting with constituents, community leaders, legislative and executive agency staff on behalf of the Senator;
. Representing the Senator at district events and meetings as scheduled. Deliver and present Citations or accept awards on the Senator's behalf;
. Daily collaboration with the Boston staff, data entry using web-based case tracking system, and other duties as assigned.
. Successful applicants should possess strong organizational, analytical, and communication skills, able to work independently and as part of a team in a fast-paced environment. The person hired must be able to handle a number of tasks concurrently and be very detail oriented.

A Bachelor's Degree and excellent writing skills are required. Prior legislative experience/western Massachusetts ties preferred.

Interested applicants should send a cover letter and resume to:

Bethann Steiner, Chief of Staff
Office of Senator Benjamin B. Downing
State House, Room 413-F
Boston, MA 02133

Deadline to apply is Friday, October 31, 2008. For more information contact Bethann at (617) 722-1625.

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"Berkshire County retains its blue streak: Berkshire voters had minds made up early"
By Jack Dew, Berkshire Eagle Staff, Wednesday, November 05, 2008

Being a Democrat in the Berkshires means never having to say you're sorry.

As voters headed to the polls yesterday, it was nearly a settled fact that Democrats would prevail on Berkshire ballots. There would be no need to apologize for failing to get out the vote, for letting a key town slip across the aisle, or for falling down in a tight race.

When Gregory Cherin walked out of the voting booth on Stockbridge's Main Street yesterday afternoon, his daughter, Elinor, literally jumped for joy when he said he thought Sen. Barack Obama would win the presidency. Cherin was equally confident that Sen. John F. Kerry and U.S. Rep. John W. Olver — the only other Democrats facing a Republican challenge on Berkshire ballots — would return to office.

Does living in such a Democratic county make for a dull Election Day?

"I don't think it changes my experience (as a voter) because, as far as I'm concerned, the election could still go either way," Cherin said. "I think it makes it more exciting locally to have a camaraderie with your friends and family."

The numbers suggest Cherin has lots of company. Of the Berkshire's 90,434 registered voters, 33,821 — or 37 percent — are Democrats, versus 10 percent of Republicans.

While voters who aren't enrolled in either party comprise 51.5 percent of the Berkshire electorate, those voters lean Democratic overwhelmingly, as evidenced by the ballots they choose in primary voting: More than 26,000 people voted in the Democratic primary this year, compared to 6,000 in the Republican.

It was numbers like those that allowed state Sen. Benjamin B. Downing to predict yesterday afternoon that Kerry and Olver would "glide to victory" over Republican challengers Jeff Beatty and Nathan Bech, respectively. Both did.

"With a shortage of candidates or prospects in the Republican party, it's a difficult year for them," said Downing, who was uncontested yesterday as he sought a second Senate term. "It looks like Massachusetts will deliver a gigantic victory for Sen. Obama. Is that a race you want to run in as a down-ballot (Republican)?"

Still, while the Berkshires were safely Democratic last night, it was the nation that mattered. Members of the Berkshire Brigades — the countywide Democratic organization — gathered at Brew Works in Pittsfield to watch the presidential returns. The mood was edgy, and the words "cautious optimism" were on everyone's lips — until the presidential election was official.

Meanwhile, times have been hard for Berkshire Republicans.

This year, they were unable to muster a challenge to Downing or the four incumbent state representatives. And the party hasn't sent anyone to Boston or Washington, D.C., since former state Rep. Shaun Kelly of Dalton stepped aside in 2004.

The Berkshire County Republican Association will close its office in The Eagle's Clocktower Building in downtown Pittsfield at the end of the month, said Peter Giftos, the association's executive director. Giftos said the closure will happen partly because the membership doesn't like the way The Eagle's editorial page treats Republicans and partly because he is getting older and would like to spend more time working from home.

As Giftos surveyed the political landscape yesterday, he saw few bright spots, despite the fact that in four years he built the BCRA's membership from three dozen to 300 contributing members.

"Republicans and Republican-leaning independents have reached the point where it has almost become senseless to even try to beat this one-party government," he said. "Good candidates are not going to come out and run because they feel like they are going to waste time and money for nothing."

Outside the Stockbridge town offices yesterday, Chris Dutil was the lone Republican, holding signs for Beatty and Bech. She said she welcomed their anti-abortion stances and hoped they would win while suspecting they would lose.

"I'll take comfort in the fact that some people voted for them;that will be encouraging," Dutil said. "But I have this notion that things are going to get better. Maybe in 100 or 150 years, things will turn around."

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"Downing Appointed To Municipal Relief Commission"
iBerkshires.com - November 17, 2008

Members to Examine Revenue-Generating, Cost-Saving Options for Municipalities

BOSTON, Mass - State Senator Benjamin B. Downing (D-Pittsfield) has been appointed by Senate President Therese Murray (D-Plymouth) to represent the Senate on the Special Municipal Relief Commission to examine the feasibility of innovative local revenue-generating measures in an effort to provide revenue relief to municipalities.

“Just like every other sector in the economy, our cities and towns are feeling financial pressure as they seek to maintain current levels of essential services,” said Downing. “This Commission is tasked with assessing viable options to assist municipalities with new revenue sources and cost saving measures.”

“I asked Senator Downing to represent the Senate on the Municipal Relief Commission because, as the senator for 48 communities in the Commonwealth, he understands that every community across Massachusetts is struggling to make ends meet,” said Senate President Therese Murray. “I am confident that Senator Downing will bring an important voice to the discussion of how cities and towns can find some economic relief.”

Created in Section 97 of Chapter 173 of the Acts of 2008, An Act Relative to Tax Fairness and Business Competitiveness, the fourteen-member commission consists of seven state senators and seven state representatives, specifically the chairs of the Joint Committee on Municipalities and Regional Government and the Joint Committee on Revenue, the Senate and House Committees on Ways and Means, the Senate and House Minority Leaders or their designees, three Senate members appointed by the President, and three House members appointed by the Speaker.

As the Senator of the Berkshire, Hampshire and Franklin District, Downing represents 48 western Massachusetts communities – more cities and towns than any other member of the Massachusetts Senate.

The panel is charged with studying the expansion of the meals tax; the extension of the rooms tax to other transient accommodations not currently covered under the rooms tax; and other methods of enhancing revenues or containing expenses. With a reporting deadline of December 15, 2008, Commission Co-Chairmen Senator Stanley Rosenberg (D-Amherst) and Representative Paul J. Donato (D-Medford) have scheduled a meeting on November 18th to begin the panel’s work.

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State Senator Benjamin B. Downing (D-Pittsfield) File Photo
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www.iberkshires.com/story/29027/Downing-Appointed-To-Municipal-Relief-Commission.html
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"Patrick Administration Approves Pittsfield Bridges Project"
iBerkshires.com - November 14, 2008

The Patrick Administration has given formal approval to a $2.5 million project to rebuild a pair of bridges in Pittsfield.

"Repair and replacement of the state’s bridges is a top priority of the Patrick Administration," said Transportation Secretary Bernard Cohen, "and this project also demonstrates a strong federal, state, and local partnership in Pittsfield.”

The project involves the demolition and reconstruction of two Hungerford Street bridges spanning the west branch of the Housatonic River. Detours will be set up for both bridge locations.

"The reconstruction of these two bridges will improve traffic flow in this residential neighborhood," said MassHighway Commissioner Luisa Paiewonsky. "This important work is linked to a number of ongoing downtown projects, some of which are funded with federal grant money."

“This transportation project will ease traffic congestion and improve circulation,” said State Senator Benjamin B. Downing (D-Pittsfield). “We must ensure critical resources are continually dedicated to road and traveler safety. I applaud EOT for recognizing the importance of these transportation projects and for allocating the necessary funds.”

"These are much needed improvements that will provide not only public safety but also will help kick start local construction projects," said State Rep. William "Smitty" Pignatelli (D-Lenox).

The state's contractor on the project is Petricca Construction of Pittsfield. The projected completion date is July 2010.

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Illustration by Mark Roessler
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NEWS
"Massachusetts Energy: Follow the Green Brick Road - Washington may not get it, but from environmentalists to entrepreneurs to tradespeople, green is gangbusters."
By Tom Sturm, Valley Advocate - Easthampton, Massachusetts, Thursday, January 15, 2009

This past August, Massachusetts Governor Deval Patrick signed into law two bills that have gotten a lot of people excited—and probably made some regional power companies groan. In truly savvy political maneuvering and creative management of both tax structures and environmental laws, the state has whipped up what could become a startlingly effective impetus for positive change, titillating the imaginations of a broad range of groups from environmentalists to entrepreneurs to organized labor.

The equation? It seems to come down to the basic tools of coercive action: the carrot and the stick.

The carrot: The Green Jobs Act of 2008. Written primarily by State House Speaker Salvatore DiMasi, the Green Jobs Act will provide $68 million over the next five years through grants and other direct state funding for green jobs initiatives in Massachusetts. The New England Clean Energy Council (NECEC) has projected that implementation of the plan could create upwards of 20 new clean energy companies in the state and attract up to half a billion dollars in venture capital from myriad sources. Theoretically this would create more than 10,000 new jobs and around $50 million a year in new income tax revenue.

The stick: The Global Warming Solutions Act of 2008. The law is aimed primarily at reducing greenhouse gas emissions in Massachusetts by requiring a reduction of 80 percent from 1990 levels by 2050, with a goal of 25 percent reduction by 2020. Specific target goals will also be set for 2030 and 2040 by the Secretary of Energy and Environmental Affairs, and will presumably implement the reduction requirements through mandatory industry technology upgrades and some form of carbon trading system.

"This legislation builds on the energy, oceans, and biofuels bills passed this session--all positioning Massachusetts as the clear national leader in creating a clean energy economy," Governor Patrick said upon signing the bills into law. "Massachusetts will lead the way in reducing the emissions that threaten the planet with climate change, and at the same time stimulate development of the technologies and the companies that will move us into the clean energy age of the future."

What most prospective players in this game are chomping at the bit for now is an answer to when and how the bills' pledged funding will begin to be injected into the state's economy. Certainly recent developments in state, national and global economies have made many state initiatives that seemed like rays of hope slip into a gray area of questionable fundability, perhaps pushing them back a few burners on the crowded stovetop of priorities. Still, many remain hopeful, and there exists both an organized, eager academic/industrial base in the sector with business plans already in place, and a hungry workforce just waiting for the day they can wake up and start installing solar panels and processing biofuels.

Nowhere was this sentiment more evident than at Springfield's recent Clean Energy Connections conference, which brought together hundreds of bright-eyed, forward-looking Bay Staters anxious to network, amass relevant information and carve out their own niches on the green frontier. Highlights of the conference included a keynote speech by author/activist Bracken Hendricks, a former special assistant to Al Gore during the Clinton administration. Hendricks is a co-author with Congressman Jay Inslee (D-Wash.) of the book Apollo's Fire (see www.apollosfire.net), which has been touted as a viable blueprint for reforming national energy policy.

Closing the all-day affair was Powershift: Massachusetts' New Clean Energy Landscape, a policy panel featuring overviews of recent Massachusetts energy legislation and a question-and-answer session with state Rep. Daniel Bosley, state Sen. Benjamin Downing and Commissioner of the Mass. Department of Energy Resources Phil Giudice. Exhibitors included locally based solar companies like Hatfield's Stiebel-Eltron and Adams' Berkshire Photovoltaic Services; "green" builders, whose mission is to incorporate green technologies like radiant floor heating into new construction and encourage the efficient insulation of existing structures; schools, including Holyoke Community College, Greenfield Community College and UMass-Amherst, that are increasingly offering courses in what they perceive to be a growth field; banks and green investment resources, including People's Bank and the intriguing non-profit broker New Generation Energy, various 'think tanks' and even a Home Depot booth, which was pushing the cream of its insulation products crop.

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Stiebel-Eltron, a Germany-based company with its U.S. headquarters in Hatfield, is a wholesaler whose primary business is helping to design solar-thermal heat and hot water systems. It also sells new-generation technology items like tankless water heaters (www.stiebel-eltron-usa.com). Berkshire Photovoltaic Services designs solar-photovoltaic (electricity-producing) arrays for qualified candidate locations, and even offers to process applications for its clients to see if they qualify for federal and state tax incentives as well as a smattering of regional and private trust grants. Its perhaps most visible work to date is evident on the roof of Mass MoCA's Building 5 Gallery in North Adams (www.bpvs.com).

Another presence at the conference was Fraunhofer-U.S.A.'s partnership in contract research with M.I.T., founded in May, 2008 and dubbed the Center for Sustainable Energy Systems (www.fraunhofer-cse.org). Employing hordes of highly-qualified research scientists and well-equipped, test-versatile labs, it states its goal in the solar arena as "to significantly reduce the cost of solar over the next five years by employing advanced materials and 'smart' electronics to research, design and build better 'plug-and-play' solar modules." It also has a mission in the area of green building: to adapt advanced technology to reduce the energy consumption in new and older buildings.

In a similar but more local capacity, Holyoke-based Greendustry Park, LLC (www.greendustrypark.com) offers business planning and development, engineering, prototyping, marketing strategies, networking opportunities and even "back office" support (including things like legal and payroll services) to nascent businesses in the green sector. Companies like this will likely be key to the success or failure of many a hopeful startup, for though amongst the greenies there are certainly plenty of well thought out plans for potential businesses, the field may also suffer more than the average from an imbalanced ratio of idealistic vim to marketplace savvy.

Also in the mix of vetting new green-industry endeavors and perhaps helping to separate the wheat from the chaff are entities like Boston's New Generation Energy (NGE, www.newgenerationenergy.org), which describes itself as a "non-profit organization that supports community-based renewable energy projects." NGE's goal is to provide low-interest loans to qualifying applicants in New York and New England that produce or distribute renewable energy utilizing solar-PV, solar-thermal, wind, biomass and cogeneration capacity, as well as loans to support energy efficiency improvements. On its other end, NGE offers a safe place for conscientious investors to rest their capital resources, and provides guilt-free (if relatively modest) returns on its investments as well.

NGE's associate director Karla Franco explains that the organization raises the funds for its below-market-rate loan program through the sale of "Renewable Energy Investment Notes" (REINs). Sold in denominations ranging from $1,000 to $1,000,000 and up, they are basically fixed-interest, fixed-term debt notes. NGE hopes to make investing in renewable energy a less risky, more mainstream concept via the program, and if more entities like theirs begin to pop up, returns might even begin to rise significantly as borrowers' businesses start to take off and show profits. In many ways, ideas like NGE's could make the green revolution a self-fulfilling prophecy, much as the dot-com explosion of the late '90s created a multibillion-dollar sector of business virtually overnight.

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The climax of the event was the Powershift panel discussion, which was skillfully moderated by professor of economics and director of the UMass-Amherst Center for Public Policy and Administration M.V. Lee Badgett. Here the panelists relayed, to the best of their knowledge, the progress of the brand-new landmark legislation and attempted to answer the slew of questions from detail-hungry listeners about how, where and when the bills' accompanying funds would begin to be distributed and how to apply for them. Net-metering was also a hot topic, and skeptics voiced their concerns about the possibility of such forward steps being bludgeoned to death on Beacon Hill by the big energy lobby like previous efforts of similar scope, both locally and nationally.

One local entity who interrogated the panel was Easthampton Mayor Michael Tautznik, whose primary interest seemed to lie in unraveling the specifics of the Green Communities Act. Signed in July of '08, this law got the state's green legislation rolling and appears to provide a number of incentives to municipalities to consider implementing green initiatives.

"We've started to look at qualifying for the GCA," Tautznik said in an email to the Advocate. "In terms of actually getting things accomplished, we conducted energy audits on our larger facilities using a DOER [Department of Energy Resources] grant, the Planning Board is looking at the required zoning changes, and we are applying to the PVPC [Pioneer Valley Planning Council] for assistance to develop a carbon inventory." Mayor Mike also had some well thought out suggestions on developing municipally-based/privately-owned solar "farms" on closed landfills:

"We [cities and towns] all have one or two [landfills], and they must be kept mown and maintained at fairly significant costs," he explained. "Trees cannot be grown on them for fear of damaging the cap, so there are no shading problems for solar panels. With the rack system in use on rooftops you don't need deep soil penetration for footings or foundations. If such systems can be fed into the grid at retail (using net-metering) they will make money. If they make money, Americans will invest in the technology and businesses will be formed to build them."

Still, Tautznik remains doubtful that many of these ideas can become reality without significant national leadership on the issue. He was recently quoted by MSNBC.com's Bill Dedman (from a post-election email query of 1,000 mayors that solicited their top two suggestions for President-elect Barack Obama's "to-do list") saying, "There needs to be a program through which assistance (financial, technical, and possibly legal) can be provided to local and regional governments to give us the capacity and opportunity to participate in the nation's energy independence efforts in a meaningful manner. Existing green energy programs rely on the actions of the for-profit marketplace, using income tax credits and private sector trading expertise to make the difference in successful implementation. Government energy use is significant and extremely visible. Making it the focus of such initiatives would go a long way toward instilling that same ethic in our constituents."

Robert Pollin is professor of economics and founding co-director of the Political Economy Research Institute (PERI) at UMass-Amherst. He recently co-authored a report entitled Green Recovery: A Program to Create Good Jobs and Start Building a Low-Carbon Economy, which offers a detailed economic plan for implementing a rapid, $100 billion clean-energy stimulus package that could transition the U.S. into a low-carbon economy, creating 2 million jobs in the process.

According to the report, the six-pronged, infrastructure-focused plan could "create nearly four times more total jobs than spending the same amount of money within the oil industry," including "good" jobs (jobs paying at least $16 dollars an hour). It would be especially curative for the hard-hit construction and manufacturing sectors, where Pollin et al. predict that their proposed initiative could help restore most of the nation's 800,000 lost jobs in those areas. (Readers can download the report at www.peri.umass.edu).

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Even if some aspects of a green revolution in New England (and the country in general) still appear painfully far off, there is no shortage of people preparing for its eventuality. From green-heavy curricula at academic institutions and regional labor initiatives to increasingly eager entrepreneurs and even hard-nosed venture capitalists, rank-and-file citizens are ready for it. One hopes that the grass-roots clamor will be loud enough to force progressive measures through the halls of American bureaucracy. Still, even if the K Street lobbyists manage to keep Congress dragging its feet through the dregs of the petroleum paradigm, the beautiful thing may be that if worse comes to worst, we may not even need them.

"The great thing about a green employment initiative," says Patricia Crosby, executive director of the Franklin Hampshire Regional Employment Board, "is that it isn't reliant on some big companies moving into the western region. It creates new jobs, creates new small businesses and creates new advancement opportunities within an array of existing businesses. Just as information technology trends, skills, and capacity cut across all industries in the '80s, a green initiative has the potential to affect work and jobs across the board.

"Our current partnership includes everything from HVAC [heating, ventilation, air conditioning] firms to architects and construction supply stores to electricians. Jobs being posted by partners range from a data entry clerk and sales assistant at places like Solarwrights to a residential energy specialist, energy auditor, and cellulose installation installer, as well as, of course, PV-installers and solar hot water technicians."

In academia, perhaps one of the best harbingers of employment and technological trends to come, the green writing is quickly beginning to cover more and more of the chalkboards as well. Richard Gottlieb, a stalwart of the solar industry since its infancy, teaches classes in solar PV technology at Greenfield Community College as well as the Board of Cooperative Educational Services (BOCES) in Port Ewen, N.Y. Gottlieb teaches general overview courses and classes for more specific professional groups such as solar installers and electricians.

"We're doing double sessions almost everywhere we teach, as we're getting about twice as many people signed up for each class," says Gottlieb. "We're also getting invitations to teach at new locations every week. There is enormous interest in green technologies."

The solar guru does double duty as a private sector instructor and system designer, putting in time at Poughkeepsie's Atlantis Energy, Inc. and at his own Sunnyside Solar, Inc., a small company based in Guilford, Vt. whose tongue-in-cheek motto reads "The Gentle Electric Company. We bring good things from light." He is also involved with Tinmouth, Vt.'s upcoming Solarfest, a three-day festival of renewable energy and sustainability workshops that takes place on July 10-12, and will also feature music on 100 percent renewable energy-powered stages. For more information on the event, visit www.solarfest.org.

"Green is the new red, white and blue," chirps New York Times columnist Thomas Friedman, who, though his shift toward sensational globalist proselytizing has made him something of a caricature of himself, occasionally still hits the nail on the head. In this case, he's right about the writing on the global wall: if America doesn't get its collective ass in gear for the clean energy revolution, it will be left eating the dust of emerging economic powers who will—namely China and India, who currently boast labor forces and trade surpluses that are quite up to the task. In the absence of a competitive effort in the green sector, the United States' economy could quickly become a dinosaur in an age of sleek, streamlined mammals, which could ultimately render it not unlike the former Soviet Union—a society of poor, underemployed citizens, a nation both technologically and ideologically outdated. Hopefully, leadership from states like Massachusetts and California will help to avert this scenario.

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Ben Downing: Leaner times loom on Beacon Hill
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27 NOVEMBER, 2008

Ben Downing’s agenda for his second term as state senator differs dramatically from the campaign speeches he first delivered two years ago.

Completing his first term and facing the reality of a state government that can no longer afford to grow have led to refine priorities.

“If my two years has taught me anything, it’s that what’s constant isn’t necessarily your priorities, it’s your principles,” he said.

Downing will begin his second term in January after running for reelection without a challenger this autumn.

Asked about his priorities for the upcoming session, Downing cites three areas: coping with a budget that’s under siege; addressing transportation issues; and reassuring the public about the ethics of state officials.
“The economic challenges are first and foremost,” he said.

The state faces major difficulties as officials seek to balance the current year’s budget as well as craft the spending plan for the next fiscal year.

Downing’s take on the state finances focusses on one particular area. “We have been way too dependent on capital gains revenue,” he said.

The freshman state senator said that the state has seen increased revenue in recent years as residents paid taxes based on large capital gains. Income and sales tax revenue have been relatively flat.

“We have seen incredible increases on the capital gains side of things,” he said. “That should have been used for onetime things, specific projects, not programs.”

With the recent stock market turmoil, state officials are bracing for a precipitous fall in capital gains revenue. More than anything else, suggests Downing, this element is driving the budget challenges.

He hopes Massachusetts government, once it survives this challenge, learns not to repeat the mistake.

“No matter how we go, there’s something we should learn from that,” he said.

Downing also sees a beneficial side effect to the trimming that has already occurred and likely looms.

“If there’s a silver lining in the cloud of gray, it’s that no one’s pet project, no one’s special group or coveted interest will be left unexamined,” he said.

The economic concerns tie into another big issue for Downing: the status and management of the state’s transportation infrastructure.

Downing currently opposes increasing the state gas tax because he’s sees far greater needs to consolidate and better organize the state’s transportation system.

“I don’t think we can talk any raise in the gas tax until there is significant and substantial reform in the transportation agencies in Massachusetts,” he said.
The current system makes no sense, he said.

Downing is also concerned that regional transit authorities (RTA) outside the Boston area receive second-class status, including a Byzantine funding system that makes them borrow money then seek state reimbursement.

“Any debate about reform should recognize the increased importance of the RTAs,” he said.

Downing said that the gas tax hike idea “cannot be completely dismissed,” but should be discussed only after “we have wrung every inefficiency out.”

To help communities deal with frozen or possibly falling state aid, Downing is serving on a municipal relief task force that will review fees and local tax options. “We have set up a menu of possible action items that will hopefully blunt some of this,” he said.

Downing wants to see the state continue to invest in areas that grow the economy, including education. In particular, for the Berkshire region, “BCC and MCLA are critically important.”

The third wheel of Downing’s second-term focus is one that he didn’t anticipate, but which he now feels is vitally important.

“Ethics and public integrity are crucial to ensure we have the highest standards,” he said. “Everyone from Pittsfield to Boston has been rocked in one form or another by the recent scandals that have hit the senate, allegedly part of the House and Boston City Hall.”

Downing thinks public confidence is at risk unless strong action is taken to ensure elected officials and public servants are held to high ethical standards.

“We have to do everything we can to maintain the highest standards,” he said.

The danger of inaction, he believes, is that if residents think a culture of waste and self-benefit exists, “people believe their money is being wasted by corrupt people.”
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By Jonathan Levine, Publisher of pittsfieldgazette.com
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"Good choice by July 4 committee"
The Berkshire Eagle, Letters, Wednesday, February 11, 2009

Kudos to the Pittsfield 4th of July Parade Committee for utilizing a photo of James Callahan marching as a member of the Vietnam Veterans of America, Pittsfield Chapter #65, on its billboard campaign throughout the city. I'm sure the committee had many photos of floats, balloons and so on at its disposal, but it chose to use a photo of Jimmy Callahan, a former Veteran of the Year in Pittsfield who passed in August of 2008, for its campaign.

It is a fitting photo for an Independence Day parade and I found it very classy of the committee. Jimmy served as a combat medic in Vietnam and his story and photos are memorialized there. Here at home, Jimmy spent immeasurable amounts of his time advocating the honor, dignity and welfare of our local veterans; living and deceased.

Sen. Benjamin Downing has committed to sponsoring legislation that would honor Jimmy and his work by dedicating the Hubbard Avenue bridge by Berkshire Crossing in honor of Jimmy Callahan. Please join the local veterans community and show your support for this fitting memorial by contacting Sen. Downing and letting him know that you support his effort to recognize this local hero. Sen. Downing can be reached at 20 Bank Row, Room 202, Pittsfield, 442-4008 or benjamin.downing@state.ma.us

MIKE CACHAT
Dalton, Massachusetts
The writer is vice president, American Legion Riders, Post 155.

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Guest Column: "Reform Today for a Better Tomorrow"
Sen. Benjamin B. Downing -iberkshires.com- February 10, 2009

If given a blank sheet of paper and asked to draw up the ideal transportation system in the commonwealth, no one would produce anything resembling what we have today.

The system is broken and before we ask taxpayers for any new revenue to support that system, we must repair it. Taxpayers and tollpayers across the commonwealth have little reason or evidence to trust that their hard-earned, scarce dollars are being spent in the most efficient and effective manner possible. Reform must come before any discussion of new revenues for maintenance of roads, bridges, RTAs and other transportation modes.

There are many straightforward reforms which, if enacted, would save the taxpayer and tollpayer millions, if not billions, and build public trust about how their resources are being spent. Currently, three agencies — Mass Highway, the Turnpike Authority, and the Department of Conservation and Recreation — are charged with operating and maintaining roads and bridges. Under a Senate proposal, these functions would be consolidated under one agency, resulting in significant savings and efficiencies.

Regional Transportation

Regional Transit Authorities, such as the BRTA in the Berkshires, are funded on a lag schedule, where state appropriations pay for the prior year's costs, plus interest. Instead of investing in new routes and expanded service, the state is paying to borrow money it knows it will spend.

RTAs should be forward funded. If this is too costly for an already ailing state budget, RTAs that are not also served by the MBTA (the T) should be given priority for forward funding.

Additionally, employees within the transportation system, in particular those at the T, should earn the same benefits as other state and municipal employees. The idea that anyone, in any field, could retire at 43 years old, with 100-percent state-funded health care, no matter if they choose an HMO or PPO, is outdated and unaffordable.

These are some, and by no means all, of the transportation reforms that should be considered, debated, and acted on, before any discussion of revenues moves forward. That being said, there will be a time when revenues must be debated.

Proposed Gas Tax

Recently, the Patrick administration leaked a proposal for a 27.5 cent raise in the gas tax. Such a raise is unacceptable, especially if the revenue raised is used to simply pay down debt from the Big Dig and the T. No doubt, there is a shared responsibility and obligation to pay for the operation and maintenance of our roads and bridges.

However, asking taxpayers and tollpayers that rarely, if ever, use or see benefits from such projects or agencies to bear a relatively large share of a burden is not the answer. Instead, we should look at a mix of revenue options that shares the responsibility of paying for the system proportionally among those who use it and benefit from it.

An effective, efficient and responsive transportation system is vital to the economy of Massachusetts. Real reform won't happen if the old broken system is given a new injection of revenue. Old habits will persist and costs will be passed on to future generations.

By putting reform before revenue, we can ensure that future generations won't end up where we are today – at a dead end. By putting reform before revenue we can build a better transportation system and that's the way to build a bridge to a better tomorrow.
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State Sen. Benjamin B. Downing, D-Pittsfield, represents 48 communities in Berkshire, Hampshire and Franklin counties.
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"Downing backs transgender bill"
By Jack Nicas, Berkshire Eagle Boston Bureau, Thursday, February 19, 2009

BOSTON — Senator Benjamin B. Downing is spearheading an effort to protect transgender residents under the state's hate crime statutes.

The Pittsfield Democrat is the lead sponsor of a bill to classify offenses against transgender citizens as hate crimes and prevent transgender discrimination in employment, housing and public accommodations, including restrooms. The majority of his colleagues have already signed on as co-sponsors.

"The transgender community has long suffered very pervasive discrimination," said Arlin Isaacson, co-chair of the Massachusetts Gay and Lesbian Political Caucus. "And much of it is founded in misunderstanding."

Fellow lead sponsors, Reps. Byron Rushing, D-Boston, and Carl Sciortino, D-Medford, said the transgender community has historically been the target of violence and discrimination.

"(Being transgender) upsets a lot of people on the fringe of our society," Rushing said. "When there is violence perpetrated against (transgender people), it gets very extreme It escalates and can get very brutal."

Although 13 other states have passed similar laws over the past 15 years, Massachusetts would be the first state to both protect its transgender residents and offer gay marriage. Boston, Cambridge and Northampton have already passed city ordinances protecting transgender citizens.

The lead opponent of the bill, the Massachusetts Family Institute, maintains the transgender community is "confused."

"(The bill) fosters the illusion that their situation is normal and forces that view on the public," said Evelyn Reilly, public policy director for the Institute. Reilly was specifically worried about opening up public restrooms to transgender people.

"Men and women bathrooms have been separated for ages for a reason," she said. "Women need to feel private and safe when they're using those facilities."

She presented the scenario of a sexual predator using "the guise of gender confusion" to enter restrooms.

Sciortino called her example a "red herring."

"This bill does not condone or permit illegal activity," he said. "Illegal activity remains illegal."

Reilly pointed out the bill removes discrimination protection for veterans, married individuals and children, among others, in the state's existing laws.

Sciortino spokesman Daniel Glasser said the omission was the result of a "cut and paste drafting error."

"The intent of the bill is only to expand rights to the transgender community, not remove them from anyone," he said.

Sponsors may be able to fix the error before it is officially filed because bills have yet to be numbered and assigned to committees. If not, "there will be plenty of opportunities to work it out," Glasser said.

Sciortino filed an identical bill last session, garnering the support of Gov. Deval L. Patrick, Attorney General Martha Coakley, and 23 other lawmakers, but it died in the Judiciary Committee by year end.

This session, 104 legislators — 83 representatives and 21 senators — co-sponsored the bill. House Speaker Robert DeLeo pledged his support at a gay-rights "Gayla" at a Boston nightclub on Valentine's Day.

New committee assignments may also help the bill. The appointment of Sen. Cynthia Stone Creem atop the Judiciary Committee, the bill's first stop, greatly increases its chances for survival, Isaacson said.

"Now we have a real ally at the Senate chair level," she said.

Rushing is also hopeful.

"There is a surprising amount of support for this bill and it seems to go all the way up through leadership," he said. "If those people maintain their support, then we will have this bill passed in this session."
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www.topix.net/forum/source/berkshire-eagle/TSP80PVOADI2THOA1
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"Renewable Power: [Berkshire] County energy sites named"
By Scott Stafford, Berkshire Eagle Staff, Friday, February 27, 2009

In analyzing the potential for renewable energy production on state-owned land, officials have identified 37 potential Berkshire County sites for wind power development, including high-profile tourist destinations such as Mount Greylock, Pittsfield State Forest and Mount Everett.

Among the 37 locations, there are three in the Mount Greylock Reservation, three in Pittsfield State Forest, four in Savoy, four in Florida, and three in Peru. Also on the list are Mount Everett and October Mountain, plus six wildlife management areas.

The site capacity estimates range from 80 megawatts at Pittsfield State Forest to a 7.5 megawatts in the Eugene P. Moran Wildlife Management area.

The state has listed 44 potential wind turbine projects in Western Massachusetts. The projects would have an estimated capacity of 946 megawatts.

Last month, Massachusetts Gov. Deval L. Patrick set a statewide goal of 2,000 megawatts of wind-power capacity by 2020, enough to supply electricity to 800,000 homes.

Today there is only one wind turbine operating in Berkshire County — the 1.5-megawatt machine at Jiminy Peak Mountain Resort in Hancock.

The ultimate goal is to use green energy to reduce the cost of power used by the state and the carbon footprint of state operations. The document is an early step in a planning process required by state law to achieve that goal. But, as the report notes, some such installations could raise the ire of environmentalists and scenery buffs.

In analyzing such sites, wind data, current land use, available acreage and nearby structures were taken into account.

However, "site-specific development studies have not been undertaken on these sites, making it possible that further analysis will determine some sites unsuitable for development for environmental or other reasons," the report states.

In a letter introducing Monday's report on "Renewable Energy and Energy Efficiency Potential at State-Owned Facilities," Ian Bowles, secretary of energy and environmental affairs, said the state already has saved $25 million a year by reducing energy use.

"Of great significance," he also wrote, "is the potential for 946 MW (megawatts) of wind power that could be located on state lands."

He explained that many of the sites are preserved as habitat refuges and others are in use for sustainable forestry and active recreation.

"For those lands that we treat as resources to be managed productively and sustainably, clean, renewable wind energy should be considered for its rightful place among those productive uses," Bowles wrote.

Narain Schroeder, acting president of the Berkshire Natural Resources Council, said the state is right to begin a statewide planning process for the development of renewable energy, and also is right to make a significant effort to reduce its impact on global climate change.

"I commend the governor for his commitment to tackling climate change," Schroeder said. But he also expressed concern about some sites that have been identified as having potential for wind power development.

"The Resources Council does not believe that dedicated conservation lands are appropriate sites for development of wind turbines — these conservation lands already serve an important purpose," Schroeder said. "In fact, some of the lands were (donated to the state) with that in mind, so this would border on a breach of trust in some of those lands."

According to Tyler Fairbank, CEO of EOS Ventures, a renewable energy development company based in Hancock, four criteria must be acceptable before a wind project can move ahead: wind resource, electrical grid connectivity, community acceptance, and a sound financial structure.

"If there is a big red flag in any of these four areas, there is a pretty low probability that anything is going to happen," Fairbank said. "You can very easily have a project that makes sense from a wind resource and electrical environment perspective, but the community is not going to accept it. That is a key evaluation that really needs to be looked at."

The report also identifies potential sites for 57 megawatts worth of small-scale wind projects on the grounds of state facilities, and 32 megawatts of potential solar installations on state-owned structures.

"What the reports shows regarding solar generation capacity is very positive," said Christopher Kilfoyle, president of Berkshire Photovoltaic Services based in Adams. "We're going to see (solar energy generation) keep doubling year after year. We've already seen a 300 percent uptick in business since 2003. And statewide, different colleges have been developing curriculum to gear up for the jobs in clean energy."

Fairbank said the report makes it clear that the state is serious about actively seeking renewable energy generation, reducing its dependence on fossil fuels, and increasing the number of jobs associated with the green energy industry.
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www.topix.net/forum/source/berkshire-eagle/TJQP0SC8I50NPTEO1
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"A balanced approach"
The Berkshire Eagle, Editorial, Saturday, February 28, 2009

The state has identified more than three dozen sites in Berkshire County that could make viable homes for wind turbines. But the report issued this week by the Executive Office of Energy and Environmental Affairs is only an early step along the road toward generating renewable energy in Massachusetts. As we go forward, state leaders and Berkshire residents must remember that, as in all things, moderation is a virtue.

Gov. Deval L. Patrick has called for the state to generate 2,000 megawatts of wind energy by 2020, enough electricity to power 800,000 homes. That ambitious goal looks even more challenging when we consider that Berkshire County's lone wind turbine, atop Jiminy Peak Mountain Resort in Hancock, produces 1.5 megawatts.

But there are proposals in various stages of development that would add 35 turbines to the county. These have already generated controversy among residents, some of whom fear that turbines will spoil our scenic ridge lines and intrude on the rustic beauty that helps make the Berkshires a tourist destination and a wonderful place to live.

In that light, the state's report will only add to controversy. Certainly, any plan to erect windmills on top of Mount Greylock should be dismissed out of hand; the mountain top is already cluttered with antennas that dwarf the noble War Veterans Memorial Tower. But it is reasonable to consider turbines in Pittsfield State Forest, Savoy, Peru and Florida, among other locations.

Any turbine project must balance the needs to the community with the needs of the power grid. And any community that hosts a turbine on state land must be compensated for it, either in the form of significantly increased payment in lieu of taxes from the state or in significantly reduced electric rates.

We haven no choice but to embrace alternative energy, and wind is a promising frontier. If the state takes a reasonable approach and listens to the concerns of Berkshire communities, we should be able to strike a balance that preserves the character of the Berkshires.

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"Murray: No revenue before transportation reform"
boston.com, March 12, 2009

BOSTON --Senate President Therese Murray says she will not support any increase in the Massachusetts gasoline tax until the Legislature passes a comprehensive transportation overhaul.

That means Massachusetts Turnpike tolls and MBTA fares may go up, although Murray says she hopes the House and Senate can move swiftly enough to avoid that.

Murray made the vow during and after a Statehouse transportation hearing on Thursday.

She notes U.S. Transportation Secretary Ray LaHood recently ruled out a hike in the federal gasoline tax. In a veiled shot at Massachusetts Transportation Secretary James Aloisi, she also says "reform before revenue" is not a slogan.

Aloisi derided the Senate president's mantra last week, labeling it a "meaningless slogan.

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"School districts to study regionalization"
By James Vaznis, Boston Globe Staff, February 27, 2009, 11:00 A.M.

Financially strapped communities from Cape Cod to the Berkshires will receive state grants to study the possibility of regionalizing their school districts, which state education leaders say could lead to greater cost efficiencies.

At a press conference this morning at the public high school in Greenfield, state Commissioner of Elementary and Secondary Education Mitchell Chester announced that Greenfield's schools, along with other districts across the state, would receive the first batch of grants from a new state program that is urging regionalization. Each grant ranges between $15,000 and $25,000.

"This funding is meant to jumpstart a movement across the state to find ways for our smaller communities to work together, learn from one another and share expenses in a manner that makes sense fiscally and educationally," Chester said in a statement. "I am pleased that in a year when money is so tight we have [been] able to maintain this effort as a priority."

Greenfield, located in the western part of the state, is looking to merge its 1,500 students and eight schools with the neighboring Gill-Montague Regional School District, which has 1,000 students and five schools. Both districts have fallen upon tough financial times.

Merging the state's smallest school districts into larger entities is one of the many initiatives Governor Deval Patrick laid out in his sweeping state education overhaul effort known as the Readiness Project. The proposal calls for "dramatically reducing the number of school districts in the state" so less money is spent on administrative services and more can be spent in classrooms. All but 41 of the state's nearly 400 school districts serve fewer than 5,000 students.

Districts do not need to fully consolidate with a neighbor to yield savings. Districts could maintain independence while forming partnerships to run school buses, lunch programs, or special education services. The districts could even share superintendents and other central administrators, while keeping their districts as separate entities.

"In light of the current fiscal climate, this type of a collaborative effort is a key step towards finding a more manageable way of funding our public education system, and achieving the goal of providing all students quality education in the classroom," said state Senator Benjamin Downing.

In addition to Greenfield, districts receiving grants include: Ayer, Berkshire Hills Regional, Frontier Regional, Hadley, Harwich, Holland, Mahar Regional, Mohawk Regional, Nauset Regional, Westfield, and Boxford.

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"Fast Lane future eyed"
By David Pepose, Berkshire Eagle Staff, Monday, March 16, 2009

PITTSFIELD — A bill submitted by a member of the Berkshire legislative delegation could save the state millions in transportation costs — but would also act as an additional expenditure for thousands of Berkshire County drivers.

State Sen. Benjamin B. Downing, D-Pittsfield, filed a bill last month with the legislature that, if passed, would mandate that all drivers registering their cars in Massachusetts would have to sign up for the state Fast Lane program.

"With this (bill), there will be less labor needed at the Turnpike Authority, and more resources can be devoted to repairing our roads and bridges throughout the Commonwealth," said Downing.

The Fast Lane program installs a transponder onto each car's windshield, which allows for faster circulation through toll roads on the Massachusetts Turnpike as well as Route 95. Currently, 744,000 drivers have enrolled in the program, totaling more than 1 million transponders on the road.

Yet this initiative does bear additional costs to some Berkshire County drivers: according to MTA officials, while transponders are now free of charge, drivers also have to pay a $20 entry fee to start a Fast Lane account, as well as pay a 50-cent administrative fee each month.

According to statistics from the Massachusetts Registry of Motor Vehicles and the MTA, this proposed bill would absorb an additional 3.5 million drivers into the system, resulting in more than $92.4 million in additional funds. There are more than 55,000 registered drivers in Pittsfield, Lenox, Lee, Dalton and North Adams.

When asked if this could be considered a hidden tax for Berkshire County residents that don't necessarily use toll roads, Downing replied, "it's understandable. I think, first, the bill was a starting point — it wasn't a final solution."

Downing said he felt that this particular avenue would be only one of several, and would save more than it would cost, simply due to cutting toll jobs as well as minimizing driver's environmental impact by shortening driving time. "One of the major costs in the transportation system are labor costs," he said.

Downing added that much of his deliberation for the bill came before the MTA announced in January that transponders would now come free. The main focus now is reform of the state transportation system. "I think anyone who files a bill and says its perfect, they're trying to take a little bit too much credit for their work," Downing said. "It can be, in many ways, preempted by things the Turnpike has done in recent months."
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www.topix.net/forum/source/berkshire-eagle/TQPK3K7MD4NQ637IC
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"Possible Fast Lane solution"
The Berkshire Eagle, Editorial, Tuesday, March 17, 2009

Legislation filed by state Senator Benjamin Downing, a Pittsfield Democrat, requiring drivers registered in Massachusetts to sign up for the Fast Lane program could generate revenue and cut down costs for the financially struggling state. The entry and administrative fees for Fast Lane, which enables drivers to go through tolls quickly via a transponder attached to the windshield, would raise money, and the cutting of positions for toll collectors, some of whom are highly paid, would reduce labor costs. The proposal does raise some concerns. Should Berkshire drivers who never use the Turnpike be required to get a transponder? Most drivers sign up for Fast Lane with credit cards, which would handicap those who don't have credit cards or those who don't trust the state bureaucracy with credit card information. No solutions to the state's financial problems come without potential drawbacks, however, and Senator Downing is to be credited for actively seeking an answer.
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www.topix.net/forum/source/berkshire-eagle/TGORJ4FARLOE5JUAO
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Pittsfield, Massachusetts
"Biodiesel project on hold"
By Scott Stafford, Berkshire Eagle Staff, Wednesday, March 18, 2009

PITTSFIELD — A $50 million biodiesel plant planned for Dalton and Pittsfield is on hold due to the economy, according to a company official.

"The project is under review," said Lee Harrison, executive vice president of Berkshire Biodiesel. "The global financial situation has put things on hold. We will probably have an announcement in the spring, but for right now, there is no news."

The Berkshire Biodiesel plant, planned for the 45,000-square-foot former Beloit structure at 448 Hubbard Ave., which sits on nine acres of Ashuelot Park, would be one of the largest operations of its kind in the country.

With engineering and design plans completed and much of the permitting process done, investors have already invested time and money in the project.

"We're not actively spending money on engineering or anything else," Harrison said. "We've spent a lot of money on engineering and permitting — it's significant. Everyone has been enormously helpful, but right now everything is on hold. We're reviewing everything."

The construction process, which was originally expected to begin in mid-2007, was projected to provide work for about 100 people. Officials had hoped the plant could be up to its full capacity of 50 million gallons per year by the end of 2008.

Once operating, the plant will employ about 30 full-time workers, with a ripple effect of creating 100 to 150 other jobs in the region, according to its backers.

Construction of a 2,500-foot rail line would provide rail access for raw materials and shipping. A $3 million grant from the Massachusetts Executive Office of Transportation to Dalton and Pittsfield, announced in 2007, is meant to fund about 75 percent of the cost of the rail line to the biodiesel plant.

A total of 6,400 feet of rail is planned for the industrial park to provide rail access for other future businesses. Pittsfield is seeking $53 million from the federal stimulus package to pay the cost of rail construction and to speed economic development in the park.

The raw material, mostly refined vegetable oil, will be brought in by rail, and the end product would be shipped out by both rail and truck.

The market for biodiesel today, Harrison said, is solid and growing.

The Massachusetts Legislature passed a measure mandating that, by 2010, 2 percent of every gallon of diesel fuel and home heating oil be biodiesel. The mandate would increase by one percent through 2013, eventually creating an estimated demand for 50 million gallons of biodiesel a year.

"It's a significant portion, so the market is there, and will be there," Harrison said. "We see it as strong and growing. And this country can't continue to ship boatloads of currency to the Middle East both from an economic standpoint and a national security standpoint."
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To reach Scott Stafford: sstafford@berkshireeagle.com or (413) 664-4995.
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www.topix.net/forum/source/berkshire-eagle/TF7V50QNKDHCEQQ0J
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"Don't burden pike non-users"
The Berkshire Eagle, Letters, Friday, March 20, 2009

What makes Sen. Downing think every car owner in the state wants a transponder in his car? I can't see being forced to buy one at $20 to set up a Fast Lane account and pay a monthly fee for something I do not need or want.

I haven't been across the state in five years so if this idea had been enforced five years ago it would have cost me $50 to this date for nothing.

Please Sen. Downing, do not try to spend your constituents' money. I'm sure it is something they can handle very well for themselves.

NORMA PURDY
Pittsfield, Massachusetts
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www.topix.net/forum/source/berkshire-eagle/T84P9QHL402VTEDJK
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3/20/2009

Re: Ben Downing is a failure both in politics and economic development!

Ben Downing is a puppet for former Berkshire State Senator Andrea F. Nuciforo II, aka Luciforo! Downing does Luciforo's bidding on Beacon Hill in return for a start in his ambition to be a big government career politician. Luciforo had to step down from Downing's current hack seat due to his CORRUPTION in the INSURANCE industry!
www.jonathanmelleonpolitics.blogspot.com/2008/01/nuciforos-corruption.html

Ben Downing is part of the disturbing pattern of local and state Pittsfield politics staying within a familial network.
www.jonathanmelleonpolitics.blogspot.com/2008/08/andrea-nuciforo-pittsfield-politics.html

This is my Blog page on Mr Downing.

I also have a Blog page on his non-Veteran, Uncle Jack:
www.jonathanmelleonpolitics.blogspot.com/2008/01/who-is-jack-downing-what-is-uva-or-so.html

The local economy Ben Downing poorly represents is completely tanked.
www.jonathanmelleonpolitics.blogspot.com/2008/06/andrea-nuciforo-his-dismal-record-on.html

Ben Downing is a failure both in politics and economic development!

- Jonathan A. Melle

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"Comeback bid for biomass plant"
The Berkshire Eagle, Editorial, Tuesday, March 24, 2009

The plan to construct a local biomass renewable power plant was too good to let go, and happily it won't be. We're pleased to see that Doug Crane, a vice president at Crane & Company, and Stephen Sears, a local land-use consultant, have formed Berkshire Generations Inc. to revive the project.

The $100 to $175 million project announced by Tamarack Energy in 2007 was targeted for 18 acres of land on the 80-acre Ashuelot Park parcel in Dalton and Pittsfield owned by Crane & Company, and was sold to Mr. Crane and Mr. Sears for $1 after it stalled. (Crane & Company supports the reincarnated project but is not actively involved in it.) The plant as designed would burn raw wood surplus and by-products to power a steam turbine that would generate electricity for nearby businesses and to sell power to the grid. The 350,000 megawatt hours of electricity the facility would produce annually would power the equivalent of 44,000 homes. As many as 300 construction jobs would be created.

This may not appear to be the ideal time to undertake such an ambitious project given the economy, but with environmentally friendly leadership in place in Boston and Washington it could prove to be ideal. Federal stimulus funds and state and federal financial incentives for green projects are becoming available, and this renewable energy project would be an obvious candidate for this assistance. The plant would also be a good fit for the Berkshires, where concern for the environment was of importance before it belatedly began to catch on elsewhere in the nation.
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www.topix.net/forum/source/berkshire-eagle/T9T5B5H5O2TUVCRN5
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READER's Comment - Chris Matera, Malden, MA - 3/24/2009 -
The Berksire Eagle Editorial on the Pittsfield biomess power plant is just more blind boosterism by the compliant media of more green-washing by industry.
Cutting and burning the forest for minimal amounts of cheap Biomess power is not green nor clean. Watch out Berkshire county, if this plant and others like it are constructed, clearcutting will spread across the landscape which has already started on public lands.
See: www.maforests.org
Current proposals for building 5 taxpayer subsidized biomass plants would:
1. Burn 2.4 million tons of wood and release 3 million tons of CO2 emissions annually, an 11% increase over current statewide power plant CO2 emissions. The proposed Russell biomass plant would release 50% more CO2 per mWhr of energy produced than the worst CO2 emitting power plant in the northeast. These plants are not carbon neutral despite such claims by proponents and the media.
2. Target public lands to provide 532,000 green tons of wood annually, requiring clear-cutting 6,200 acres, or partially cutting between 11,000 and 31,000 acres each year. Historical 1980-2006 public land logging averaged 1,250 acres, mostly selectively cut. 1.8 million green tons of additional trees, or 8 million more trees, would have to be cut annually, meaning forest cutting volumes would have to more than triple on all Massachusetts forests, public and private. At this rate, all Massachusetts forests could be logged in 25 years. Clear-cutting would spread across the landscape and is already occurring on public forests, Increase air and water pollution in already polluted regions of Massachusetts
3. New power produced from these 5 plants would only increase generation capacity 1% more than today's capacity. Basic conservation measures could reduce electrical use 33% Conservation measures cost 3.2 cents per kWhr versus 8.9 cents per kWhr for new production.
4. Require about 600 logging truck trips per day, or more than 184,000 trips per year, at about 6 miles per gallon for trips up to 100 miles, mostly on narrow rural roads
At this time of ecological and economic crisis, there can be no reasonable argument for forcing taxpayers to subsidize new polluting, CO2 emitting, forest devastating carbon based fuels for minimal amounts of cheap power. These policies will worsen air pollution, increase greenhouse gas emissions, deplete forests and drain our public coffers, the exact opposite of what we need to be doing right now. These tax-payer subsidies and other incentives should be redirected toward truly green technologies to produce clean, non-carbon emitting energy, and local jobs
Additionally, Massachusetts has committed to reducing global warming emissions and burning millions of tons of forest will fly in the face of this landmark legislation and cause a double whammy by releasing currently locked up carbon as well as degrading the forests ability to absorb CO2
The proposals to use these fuels will add to our problems, not help them. Imagine the folly of faithfully recycling paper products to save trees while 2 million tons of trees are being cut and burned each year
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"Ehrlich attends first Beacon Hill briefing on tax policies"
Swampscott with news from the Swampscott Reporter, By Gintautas Dumcius, MA State House News Service, Thursday March 26, 2009, 12:14 P.M. EDT

Swampscott - As state tax collections spiral downward, federal funds pour in, and talk persists of raising taxes — the gas tax, sales tax and several others — state Rep. Lori Ehrlich, who represents Swampscott, and about four dozen lawmakers and aides met Wednesday, March 25, in the first of a series of briefings on issues surrounding the state’s complex tax policies.

A hand-out distributed by Committee on Revenue aides starts with basics, like what is a tax (an “across-the-board levy on a base, such as income, to which a specific rate applies and which no modifications exist”) the types of state taxes (personal income, corporate excise, property, sales and use), and miscellaneous excises and taxes (annual motor vehicle excise, transfer of hotel/motel rooms, sale of gasoline, cigarettes, alcohol and decedent’s estate).

“There is no topic that is off-limits for these seminars,” Rep. Jay Kaufman, House chairman of the Joint Committee on Revenue, told the small crowd gathered in the House Lobby.

That includes Proposition 2-1/2 Kaufman said, calling the voter law a “third rail” in politics. That law limits the total taxes that can be assessed every year on the real and personal property of each municipality to not more than 2-1/2 percent of the “full and fair” cash value of the property.

The law also limits annual increases in local property tax levies to an aggregate total of 2.5 percent, plus the taxation which is produced by new construction and remodeling during the previous year, so-called new growth.

Communities are able to exceed the limit or deny pushes to raise property taxes beyond the threshold through so-called override votes.

Kaufman, a Lexington Democrat, said the seminars were an effort to educate himself and other committee members as he considers tax policy reforms.

“Most of us are not experts in tax policy,” said Kaufman, a veteran House member who is serving his first term as chair of the panel.

He added that the committee, co-chaired by Sen. Benjamin Downing, D-Pittsfield, will invite experts to the briefings, which will be generally held Wednesdays in Room B-2.

“We’re casting a fairly wide net,” he said.

The seminars come as the committee prepares to formally accept input on Gov. Deval Patrick’s proposed tax hikes on candy, sugared drinks, and alcohol.

The committee will also consider Patrick’s re-filing of state and local options taxes on meals and hotel rooms, and eliminating an exemption for telecommunications companies, proposals that failed to advance last session.

The committee has scheduled a hearing on Patrick’s tax plans for April 7 in Gardner Auditorium at 10 a.m.

Kaufman said he expects Patrick’s proposals will be taken up by the House before the House debates the fiscal 2010 budget the last week of April.

“We’re assuming a short leash,” he said.

Other lawmakers who attended the Wednesday briefing included Democratic Reps. Steven D’Amico of Seekonk, Jim Arciero of Westford, Jim Cantwell of Marshfield, Carl Sciortino of Somerville and Alice Peisch of Wellesley and Republican Jay Barrows of Mansfield.

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"Cheshire Woman Recipient of Downing Award"
By Tammy Daniels - iBerkshires Staff - April 07, 2009

PITTSFIELD, Massachusetts — Terri Cooper's always starting something.

The soft-spoken, if not downright self-effacing, Cheshire resident has been responsible for establishing programs ranging from soccer teams to raising funds for playground equipment to Brownie troops to the hugely popular Father/Daughter Dance held annually in North Adams on Valentine's Day that's raised $40,000 for summer camp scholarships since 1995.

In reading about what she's done, said Berkshire District Attorney David E. Capeless, you have to "focus on the words: started, organized, started ... "

That selfless volunteerism and focus on children has made her this year's recipient of the Gerard D. Downing Service to Children Award.

"Terri's not just somebody who joins ... when something needs to be done, she doesn't wait for somebody else," said Capeless to friends, colleagues and officials gathered in the Crane Room at the Berkshire Museum on Monday afternoon. "She is a worthy recipient of the Gerard D. Downing Award."

The award, named for the late district attorney who died in 2003, was established in his memory to recognize his commitment to service and improving the lives of children. Cooper is the sixth recipient; last year's was probation officer Nancy Macauley.

"This award means a tremendous amount to me because helping to improve the lives of children is my life's mission," said Cooper, an art teacher at C.T. Plunkett Elementary School in Adams, adding her colleague's were equally deserving. "When I see a need, the ideas start to flow and I need to make a difference."

Cooper, a Clarksburg native, began volunteering early in life said husband and childhood friend Jay Cooper, who recalled she "started at 13" working with kids on the playgrounds and never stopped. "When she gets a vision in her head she has to take the next step ... It's not just a couple things it goes on an on."

Indeed, Terri Cooper joked that "when we married 21 years ago he didn't know he was signing up for a lifetime of fundraising."

That volunteering spirit has been embraced by her family: daughters Emily, 14, and Megan, 17, are members of the Hoosac Valley High School Leo Club. "We're very proud of her," said Megan. "We help out with the Father/Daughter Dance and everything." Even son Jaiden, 6, has pitched in.

"She genuinely cares about each and every student," said Adams-Cheshire Regional School Superintendent Alfred W. Skrocki.

"The most important thing we can do in providing safety for our kids besides being good role models is being involved in their lives," said Capeless. "Give them good positive enriching outlets for all that energy. ... That's why people like Terri are so important to us."

The award presentation has become the centerpiece of the district attorney's office efforts to raise awareness of child abuse locally. Attendees were handed small blue ribbons signifying the problem of child abuse and urged to take more to hand out.

April is Child Abuse Prevention Month and Mayor James Ruberto read an proclamation recognizing it as such in Pittsfield. Downing's son, state Sen. Benjamin B. Downing, D-Pittsfield, and his widow, Pamela Downing, also attended.

The senator said Cooper was a fitting recipient and signified the many people making a difference in Berkshire County who don't get the recognition they deserve. The Senate had approved a citation for Cooper, he said, "but it's in the mail."

Each day, said Capeless, four American children die of child abuse, three-quarters of them under age 4. In Massachusetts, of the 35,000 confirmed cases of abuse and neglect each year, half are under age 7.

Three Berkshire County towns — Adams, North Adams and Pittsfield — are among the top five municipalities in the state with high reporting rates of child abuse. And Massachusetts has the third highest rate for reported cases, twice the national average.

While the numbers are chilling — reported cases are up 47 percent — they're also indicative of a broad awareness of the importance of reporting child neglect, said Capeless and Katherine Bierwas, executive director of Berkshire County Kids' Place and Violence Prevention Center.

"People not only know about it, they're concerned about, and they feel confident that we'll do the right thing," said Capeless.
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Photos by Tammy Daniels
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Terri Cooper is presented the Downing Award by District Attorney David E. Capeless.
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Capeless and Cooper pose Sen. Benjamin B. Downing, Mayor James M. Ruberto and Katherine Bierwas. Right, Bierwas holds a new plaque with the names of the first six Downing Award recipients; colleagues from Plunkett School.
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Top, Cooper and husband Jay, daughters Emily and Megan and son Jaydin.
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www.iberkshires.com/phototable.php?ss_id=1384
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www.iberkshires.com/story/30421/Cheshire-Woman-Recipient-of-Downing-Award.html
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RELATED LINKS:
www.iberkshires.com/story/26616/Probation-Officer-Presented-Annual-Downing-Award.html
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"Downing Appointed to Special Commission"
iBerkshires.com - April 07, 2009

BOSTON, Massachusetts - State Senator Benjamin B. Downing (D-Pittsfield) has been appointed by Senate President Therese Murray (D-Plymouth) to serve on the 1,000 Great Places in Massachusetts Commission.

“Travel and tourism and the creative economy are important economic drivers in Massachusetts,” said Downing. “This Commission will identify 1,000 special assets throughout the state that make our Commonwealth unique. Local attractions tagged as ‘great’ will remind us why we’re proud to live in Massachusetts, and serve our economy well by drawing the attention of local and out-of-state travelers who will come to see, learn from and enjoy our greatest places.”

“From the tranquility of Provincetown to the charm of Williamstown, Massachusetts has some of the most incredible places to visit and experience. Senator Downing represents a wealth of those great places,” said Senate President Therese Murray. “I know he will make sure the entire Commonwealth is represented in our 1,000 great places.”

Downing represents the Berkshire, Hampshire and Franklin District, comprised of 48 western Massachusetts communities, the geographically largest district in the Massachusetts Senate.

Authorized by Chapter 9 of the Resolves of 2008, this Special Commission has been tasked with identifying, cataloguing, evaluating and designating 1,000 great places in Massachusetts. The 13-member Commission will be made up of six legislators, the executive director of the Massachusetts Office of Travel and Tourism, and six gubernatorial appointees representing the Commonwealth’s Regional Tourism Councils and the Massachusetts Cultural Council.

State Senator Sonia Chang-Diaz (D-Boston) will chair the Commission. Chang-Diaz also serves as the Senate Chair of the Joint Committee on Tourism, Arts and Cultural Development.

The Commission will file the results of its investigation and any recommendations with the General Court no later than 120 days after its first meeting.
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(Photo) State Senator Benjamin B. Downing (D-Pittsfield)
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www.iberkshires.com/story.php?story_id=30435
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Bonded Concrete Inc., a Colonie, N.Y.-based company, is looking to build a second Berkshire County plant on this piece of land at the end of Downing Industrial Park.
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Pittsfield, Massachusetts
"Cementing new plans: A New York-based concrete company would like to build a facility at Downing Industrial Park."
By Dick Lindsay, Berkshire Eagle Staff, Tuesday, April 7, 2009

PITTSFIELD — A century old family-run cement company based in the Albany, N.Y., area wants to build a processing plant at Downing Industrial Park on land once targeted for a waste-transfer station.

Bonded Concrete Inc. of Colonie, is seeking to lease the 12 acres at the end of Downing Industrial Parkway from Valley Mill Corp. of Lee, which bought the property three years ago for its proposed construction and demolition debris facility that was never built.

The cement company proposes to erect a 2,000-square-foot building to house the cement making, or "batching" process, and a 3,200-square-foot office/garage for its employees and vehicles.

Company engineer Andrew Clemente, one of eight brothers operating the firm started in 1910, said his company needs a cement plant closer to ongoing projects in the Pittsfield area. He noted for example, "The town of Dalton has a dam that needs replacing."

Right now, Bonded Concrete is hauling cement from either its plant in Sheffield or West Sand Lake, N.Y., some 30 to 40 miles away. Clemente said a Pittsfield facility means cement trucks spending less time on the road thus having a positive impact on the environment.

"I expect eight trucks in use on a busy day," he added.

However, Thomas Grady of 55 Hubbard Ave., doesn't want to increase the truck traffic already generated by Covanta Energy Crop. waste-to-energy facility and County Concrete Corp., both on Hubbard between Downing and Dalton Avenue.

"I don't think it's in the best interest for the citizens of Pittsfield to have another concrete plant nearby," Grady told the city's Conservation Commission, which began reviewing the project last week.

The commission and the Community Development Board must make recommendations to the Zoning Board of Appeals, the permit granting authority for this project. The Community Development Board will start its site plan review tonight at 7 at City Hall, while the ZBA's public hearing process regarding a variance and special permit for the project begins April 16.

The Conservation Commission has already continued its review until April 30, after asking officials of Bonded Concrete for more information regarding the chemicals used in the batching process, water use and assurances waste-water will not get into the city's storm drain system.

Project engineer James Scalise of SK Design told the commission a "state-of-the-art approach" is being used to recycle water used to wash down the trucks at the end of the day — which will be done inside the cement making building.

"No water will end up in the storm water system," Scalise said. "The gray water collected will be used to batch new concrete or wash out the trucks again."

Clemente noted most of the water used will actually leave in the concrete being delivered to customers.

In addition, Scalise said the stone and sand washed from the trucks will be also be re-used.

While the project avoids the wetlands and floodplain, Grady said he's concerned the acidity of the wastewater is still a threat and could be "lethal to aquatic life" in the area.

City planners have written the proposed cement plant meets site plan review requirements, but stated Bonded Concrete must seek state and city permits and pass muster with Western Massachusetts Electric Co. The buildings need to be sited such that they are away from the utility company's high voltage service lines running through the site.

Clemente is anxious for the approval process to move quickly.

"We've been (in Pittsfield) eight months seeking a site," Clemente said.

Earlier this year, Bonded Concrete had hoped the cement plant could be built by simply going through the city's building inspector, but city planners ruled the project required a special permit from the Zoning Board.
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To reach Dick Lindsay: rlindsay@berkshireeagle.com, or (413) 496-6233.
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www.topix.net/forum/source/berkshire-eagle/TG1OEKR41GO3IA5GN
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"Town administrator chosen in Adams"
By Ryan Hutton, North Adams Transcript, 4/09/2009

ADAMS -- The Selectmen have decided to offer the long-vacant town administrator position to Cheshire native Jonathan W. Butler after a limited debate at Wednesday night’s work shop meeting.

Butler, 27, is a budget and policy director for state Sen. Benjamin B. Downing, D- Pittsfield, and was previously a legislative aide to the senator.

Selectman Mike Ouellette said that Butler’s intelligence and enthusiasm are what pushed him toward voting to hire the youngest of the top three candidates.

"He’s very smart, well educated, ambitious and hard working," Ouellette said. "I’ve spoken with Sen. Downing about him and [Town Counsel Edmund] St. John because he used to work for him and they both say he’s very hard working. Š What he lacks in administrative experience, I think he’ll more than make up for in drive, intelligence and ambition. That’s what we need right now. He can pick up experience."

Butler also worked as a paralegal at the law offices of Town Counsel Edmund R. St. John III in 2004 and 2005 and he has master’s degrees in public administration and political science from Suffolk University and a bachelor’s degree in history from Franklin Pierce College in Rindge, N.H.

"If you ask people who the best town administrator we ever had was, I think a lot of people will say Henry Hill," Ouellette said. "He was 26, just out of Harvard and he was energetic, intelligent and driven but he lacked experience."

"Ask people who the worst town administrator we’ve had was and you may get different answers, but we’ve had a few administrators whose resumes have looked great and they really didn’t work out for us."

The only vote against Butler came from Selectman Edward MacDonald who said that Butler’s lack of experience in public administration was not something to be overlooked.

"I actually think the decision should be between [Scott] Nichols and [David] St. Pierre because this is no time for someone to pick up on the job experience," MacDonald said. "The other two have management experience, they have negotiation experience. And personally, I’m offended by someone that comes in here and doesn’t know what Chapter 30B is."

MacDonald asked all the candidates in their interviews what Chapter 30B was -- referring to the procurement act of the Massachusetts general laws.

MacDonald did not directly endorse either Nichols or St. Pierre, saying he could literally flip a coin to pick between the two.

Selectmen Chairman Joseph C. Solomon said he thought Butler’s direct experience was not as important as his intelligence and his attitude. He also pointed out that he thought Butler had a lot of "transferable skills" that relate to running the town.

Selectman Donald Sommer said Butler reminded him of himself at a younger age.

"When I think of Jonathan, I see me at 26," he said. I was young, I was on the school committee and I had the desire to do it all. I think he has that same fire in his belly."

The board still has to enter into negotiations with Butler if he accepts the position to discuss salary and a contract. Solomon said that will likely happen in the coming weeks.

Selectman Joseph R. Dean Jr. said it was a tough decision to pick between all three candidates but in the end voted for Butler.

"I think the search committee did a wonderful job," he said. "They gave us everything we wanted, they just gave it to us in three different people."

Butler beat out David St. Pierre and Scott Nichols for the position. St. Pierre, a native of North Adams, is currently in his sixth term as a selectmen in Southwick and is a correctional officer in the special operations unit of the Hampden County Sheriff’s Department. He worked in various management positions for food companies, including Try-Angle Foods Inc. and John Morrell and Co. He also worked for Hillshire Farm in the 1980s. St. Pierre took business administration courses at North Adams State College (now Massachusetts College of Liberal Arts) and is pursuing a master’s of management degree at Cambridge College.

Nichols is a former Adams selectman and the current athletic director of Massachusetts College of Liberal Arts. Nichols served on the board from 2003 to 2006 and chose not to seek reelection to focus on his family.
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www.topix.net/forum/source/north-adams-transcript/T8L2EUA4CQ0OA93BB
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"Berkshire Community College energized with green"
By Benning W. De La Mater, Berkshire Eagle Staff, Wednesday, April 15, 2009

PITTSFIELD — A state grant will help fund a new program for an energy conservation certificate at Berkshire Community College, and school officials hope it will set the foundation for establishing a degree program in green energy.

BCC received a $200,000 grant Tuesday from the state's Office of Energy and Environmental Affairs ' Pathways Out of Poverty program, a gift that was awarded to only two other state community colleges.

The certificate in energy conservation will be offered in both the fall and spring semesters of the 2009/2010 academic year at both the Pittsfield and the Charles H. McCann Technical School campuses.

Classes will be 15 students each and will include 45 hours of math instruction, 100 hours in power tool operation and carpentry, and 120 hours in renewable energy education.

The training will be free for the students, and there will be an emphasis on offering the program to low-income or unemployed workers.

Bill Mulholland, BCC's dean of workforce development and lifelong learning, said the certificate will make students desirable employees for construction firms and contractors looking for workers who know how to make building projects energy efficient.

"Green jobs will be substantial in the future, and we know that the people who learn these skills will be employed," he said. "Contractors are embracing these skills."

Students will learn how to insulate homes and businesses and how to limit energy loss. They'll be trained to use power tools necessary for "green" jobs. They'll study theories in energy conservation and the math behind them.

BCC is collaborating with the Center for Ecological Technology on the program, and the school is also working with the Berkshire County Regional Employment Board, BerkshireWorks, the Berkshire Chamber of Commerce and the Berkshire Economic Development Corporation.

State Sen. Benjamin B. Downing, D-Pittsfield, and Rep. Daniel E. Bosley, D-North Adams, were key supporters of the Green Jobs Act, which pledged $48 million for green job programs in Massachusetts, and have led the call for making Berkshire County a leader in green industry.

"Green jobs are the future of our economy and the future is now in Berkshire County," Downing said. "Giving our workers the skills needed to succeed in the clean energy economy is good economic, environmental and energy policy."

And with local energy costs averaging 37 percent above the national average and with Massachusetts and other New England states averaging the most expensive energy rates in the nation, businesses are starting to focus on saving money with green ideas.

Mulholland said officials believe these circumstances will lead to new practices in the building industries. The certificate program, he said, could be the start of something bigger — a full curriculum of green energy courses and degrees.

"We're going to explore building a full curriculum in everything, wind technology, biodiesel, photovoltaic, geothermal, solar," he said. "What we're doing is building a green jobs handyman for the future."
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To reach Benning W. De La Mater: bdelamater@berkshireeagle.com, (413) 496-6243.
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"Patrick trims an extra 750 jobs: 3d emergency cut in seven months; 5,000 will take unpaid furloughs"
By Matt Viser, Boston Globe Staff, April 15, 2009

Governor Deval Patrick cut an additional 750 jobs from state government yesterday and said he will furlough 5,000 executive branch employees for up to five days, a response to relentlessly plunging state revenues that have forced the governor to make an unprecedented series of spending reductions.

It was the third time in seven months Patrick has announced emergency budget cuts, and there was no indication it is over. Patrick's actions yesterday are part of a plan to close a $156 million deficit, but he said that gap could grow by another $400 million before July 1.

"The economic downturn is hitting state government especially hard, leaving us with tough choices among miserable options," Patrick said during a State House press conference.

The 750 positions he eliminated yesterday are in addition to 1,000 positions already cut this year. They will come through layoffs, attrition, and hiring freezes.

All managers in the executive branch, from the governor on down, will be required to take the unpaid furloughs. Patrick, Lieutenant Governor Timothy P. Murray, and most members of Patrick's staff said they would still come to the office and work for free, rather than take the days off.

Patrick has also asked Leslie Kirwan, secretary of administration and finance, to begin negotiations with the state's unions over a range of concessions. Patrick would not disclose the concessions, and union representatives declined to comment.

Patrick's grim demeanor yesterday presaged more bad news today, when the House unveils a budget for fiscal 2010 that is expected to reduce spending even further. The House budget is not expected to include any new revenue, relying instead on deep cuts, the Globe reported last week. It is expected to include cuts to local aid that go beyond what the governor proposed, according to a State House source briefed on the budget.

The Legislature has still not acted on Patrick's requests for a range of new revenue, including sales taxes on alcohol and candy and higher fees at the Registry of Motor Vehicles. Some lawmakers outside of leadership say tax increases need to be seriously considered, including a sales tax increase, but there does not appear to be any momentum.

Increasing the sales tax by 1 percentage point could raise about $750 million, according to some estimates.

"We've talked about [a sales tax increase] in individual groups," said Representative Cory Atkins, Democrat of Concord. "Given the options, where would you go? A sales tax is a decent choice."

The House budget has been shrouded in secrecy, with conflicting rumors spreading about how deep the budget cuts will be. House Speaker Robert A. DeLeo and Representative Charles Murphy, chairman of the House Committee on Ways and Means, have declined multiple requests for comment.

"I've heard more about the New York state budget than the Massachusetts House budget," said Senator Benjamin Downing, Democrat of Pittsfield and chairman of the Senate Committee on Revenue.

As they formulate their spending plans, the lawmakers have also been raising campaign money, a Beacon Hill tradition at budget season. Murphy hosted a fund-raiser last week at the Liberty Hotel ballroom, complete with meatball sliders and lamb chops. DeLeo held a fund-raiser last night at Tecce's, and House lawmakers were rushing to wrap up debate on pension reform to trek over to the North End restaurant.

Patrick has been displaying increasing frustration with legislative leaders, which recalls 2008, when he butted heads with former House speaker Salvatore F. DiMasi over casino gambling and the pace of lawmakers' deliberations.

This time, Patrick has waited until later in the budget-writing season before expressing his impatience, but he vented on Monday over what he sees as inadequate attempts at transportation reform. He was also critical of top lawmakers who have not yet acted on some of his emergency measures to fill the growing budget gap.

The governor laid out a series of tax proposals in January, but House and Senate lawmakers have avoided them entirely.

"There's clearly an urgency on his part," said Paul Watanabe, a political science professor at the University of Massachusetts. "The idea is, presumably, that by deflecting some of the heat that's been coming his way over the last couple of weeks he can emerge a bit stronger."

The announcement yesterday was the third time the state has had to adjust to financial shortfalls. With residents earning less and spending less and business profits falling, the state is collecting less in taxes on income, sales, and business. Patrick was forced to close a $1.4 billion shortfall in the state's $28.1 billion budget in October and an additional $1.1 billion shortfall in January.

Most of the budget gap the governor moved to close yesterday will be plugged using $128 million in federal stimulus funds that were part of the package set aside for Massachusetts.

Yesterday's job cuts will save $7.5 million this year, but will save $40 million in the next fiscal year. In addition to layoffs and furloughs, which combined will save $12 million, there will be $16 million in cuts to programs and other departments. The mandatory furloughs will affect about 5,000 executive branch managers.

Those whose salaries are above $75,000 will be required to take five unpaid days off, while those who make less will take three days off.

Administration officials would not disclose contingency plans for an additional $400 million deficit for the remainder of the fiscal year, saying only that it would come through a variety of proposals that need legislative approval.

Patrick also said it could involve further withdrawals from the state's reserve account.

The Massachusetts Republican Party criticized the governor yesterday, accusing him of failing to implement broad changes during good fiscal times and relying on tax proposals during bad times.

"Sadly, under the current Beacon Hill leadership, the only way we will see smaller, more efficient government is when the flow of tax dollars is reduced either through a tough economy or tax cuts," Jennifer Nassour, the state GOP chairwoman, said in a statement.
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Matt Viser can be reached at maviser@globe.com.
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"'Coffee and conversation'"
By Derek Gentile, Berkshire Eagle Staff, Sunday, May 3, 2009

PITTSFIELD — It's the last Friday of the month, and the staff of state Sen. Benjamin B. Downing knows that means one thing.

Road trip.

But this road trip isn't of the Bluto Blutarsky type. No, it's part of Downing's regular routine: A visit to any one of the two dozen or so small communities in his district, for what he calls "coffee and conversation" for an hour or so with local residents and town officials.

The Pittsfield Democrat has the largest legislative district of any state senator or state representative in the Massachusetts — a total of 48 communities: All the towns in Berkshire County, nine towns in Hampshire County and seven in Franklin County. His district comprises more than one-seventh of the 351 cities and towns in the state.

And, said Downing, his philosophy has been to be as inclusive as possible when it comes to the smaller towns in his district.

"I'm from Pittsfield, and Pittsfield is the largest community in my district," said Downing. "It would be very easy to get sucked into Pittsfield every day of my job.

"But when I was on the campaign trail," he continued, "I heard from a lot of people that it was important to look past Pittsfield and remember that I represent more than just one city. And I agree with that."

Hence the "coffee and conversation" meetings. In March, it was Sandisfield. In April, it was Florida. This month, it's Chesterfield.

"What we try to do is hit the smaller communities in the district," said Allison Krol, Downing's district director and the person who generally schedules Downing's day. "It's a conscious effort to get to these little towns. You won't see us scheduling a 'C and C' for, say, Lenox or Great Barrington. This is for smaller towns in the district."

But, said Krol, these "C and C's" are usually scheduled around Downing's day, not in place of anything else.

On a recent Friday, for example, Downing was in Williamstown for meetings at the Williams Inn at 7:30 a.m. and at the Williamstown Pre-School at 8:30 a.m. Then it was off to the Florida Senior Center for the "C and C" with Florida residents at 10 a.m., and back to City Hall in Pittsfield at 1:30 p.m. for a press conference on child abuse. At 2:30, he was scheduled to meet with officials at Sabic Innovative Plastics, and then he had another meeting in his office at 3:30.

"I gave him the rest of the day off," joked Krol. "But very often, on a Friday night, there is another event and one on Saturday. We try not to schedule anything for Sunday."

And Krol conceded that from time to time, there are Sunday events, and Downing attends them.

It is a job that puts a few hundred miles on Downing's car on a slow week. On a busy week, it is considerably more. Berkshire legislators get a $90 per diem, but that is only if they go to Boston. Downing doesn't get anything extra if he takes a side trip to, say, Sandisfield or Chesterfield.

"I have a very good job in a not-so-good economy," said Downing of his mileage costs. "I'm not complaining."

Downing drives himself around his district.

"The senator is pretty independent," said Krol. "He likes to drive himself."

Sometimes, according to Annie Kirkpatrick, Downing's district aide in Berkshire County, it is a challenge to find a venue in some of the smaller towns. Many town halls in these communities operate on a part-time basis. Sometimes, very part-time.

"In Sandisfield," she said. "We had a 'C and C' at Tucker's Pub. That was a fun one."

In case anyone gets the wrong idea, that 'C and C' started at 9 a.m.

Downing said the individual towns have individual issues. Several Florida residents, for example, asked him Friday about alternative energy projects.

But, said Downing, he has discovered that there are also universal issues with which even the smallest towns grapple.

"Energy costs and education," he said. "There are a few others, but even though I represent a district that varies widely, from very rural towns to the city of Pittsfield, those are the two main ones."

It is a job, he said, that is exhausting — but exhilarating.

"I love this," he said. "I have a job that allows me to see every aspect of the community. I get to see how Berkshire County ticks."
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"Massachusetts Senate leaders prepare bare-bones budget"
By Associated Press, Sunday, May 10, 2009, www.bostonherald.com - Local Politics

BOSTON — Massachusetts Senate leaders are saying little will be spared when they release their version of the state budget for the fiscal year that begins July 1.

With $1.5 billion less to play with than the House version of the budget, few disagree deep cuts are inevitable.

Beacon Hill leaders originally estimated the state would collect about $19.5 billion in taxes during new fiscal year.

Just last week they lowered that number to $17.9 billion.

That means that even if the Senate agrees with the House to raise the state sales tax from 5 percent to 6.25 percent they still won’t be able to avoid making deep cuts to state services, including local aid to cities and towns.

The tax hike was expected to generate $900 million.

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"State Senate rejects plan to allow slots at racetracks"
By Matt Viser, Boston Globe Staff, May 21, 2009, 1:06 PM

The Senate this afternoon voted resoundingly to defeat a proposal to allow the state’s four racetracks to install slot machines – for now.

The plan would have allowed the tracks to add 2,500 slot machines each, which could have brought in new revenues to help cities and towns offset cuts to local aid.

"You have a local aid vote before you right now," said Senator Marc Pacheco, a Taunton Democrat and chief proponent of the proposal. "Here it is."

The proposal, which came as an amendment to the state budget, was defeated by a 31-6 vote.

The Senate also voted, 29-8, against a proposal to delay by two years the implementation of a new law banning dog racing on January 1, 2010. The law, approved by voters in November as part of a ballot initiative, will effectively close two racetracks, Wonderland Greyhound Racetrack in Revere and the Raynham-Taunton Greyhound Park.

The three-hour debate on both issues was a prelude to a much more vigorous discussion expected to take place in several months. The state’s top political leaders – House Speaker Robert A. DeLeo, Senate President Therese Murray, and Governor Deval Patrick – have all agreed to address the issue again in the fall.

And while almost every Senate Democrat voted against the slots proposal, they made clear that they weren’t against gambling, only against dealing with it quickly as part of the budget.

“Make no mistake,” said Senator Stanley Rosenberg, an Amherst Democrat. “We are very close to turning the corner here and having the final real debate, at which point we are going to have to come to grips with a whole series of policy questions.”

Rosenberg has been tapped by Murray to study the issue of expanded gambling, and he said it would take at least 12 months from the time a law was signed before the state would start reaping any revenue from slot machines.

Opponents to gambling also polished their arguments, saying expanded gambling would exploit vulnerable residents and would not bring in as much revenues as proponents claim.

“The benefits here are paltry, the costs are overwhelming,” said Senator Susan Tucker, an Andover Democrat and chief gambling opponent. “Gambling revenue is regressive. You can’t find a more regressive form of taxation.”

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"How senators voted"
Boston.com - May 21, 2009, 1:05 PM

How Massachusetts senators voted on whether to allow racetracks to install slot machines:

No
Steven A. Baddour
Stephen M. Brewer
Stephen J. Buoniconti
Gale D. Candaras
Harriette L. Chandler
Sonia Chang-Diaz
Cynthia Stone Creem
Kenneth J. Donnelly
Benjamin Downing
James B. Eldridge
Susan Fargo
Jennifer L. Flanagan
Anthony Galluccio
Jack Hart
Robert L. Hedlund
Patricia Jehlen
Brian Joyce
Thomas McGee
Joan M. Menard
Mark Montingny
Michael O. Moore
Richard T. Moore
Michael W. Morrissey
Robert A. O’Leary
Steven C. Panagiotakos
Anthony Petruccelli
Stanley C. Rosenberg
Karen E. Spilka
Steven A. Tolman
Susan C. Tucker
Marian Walsh

Yes
Scott Brown
Thomas P. Kennedy
Michael R. Knapik
Marc Pacheco
Bruce Tarr
Richard Tisei

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"County immigration center facing spending cuts"
By Jack Dew, Berkshire Eagle Staff, Saturday, May 30, 2009

PITTSFIELD — The only institution in Berkshire County that helps immigrants become citizens is facing a major cut in its budget as the state continues to slash spending in the face of the prolonged recession.

The Senate, trying to trim $1.5 billion from the House version of the state budget, has cut half the funding for the Citizenship for New American's Program, slicing it to $250,000.

For the Berkshire Immigrant Center in Pittsfield, that cut means it will likely lose about 12 percent of its annual budget at a time when most of its other funding sources have already been trimmed.

Brooke Mead, co-director of the Berkshire Immigrant Center, said the nonprofit organization already runs with an annual deficit of $20,000 to $25,000 and relies on the Berkshire Community Action Council to fill in the gap. Now that gap is widening, and Mead said the center may have no choice but to reduce services.

"We would have to see fewer people, but there is nowhere else to send them," Mead said. "This is not the level that the Berkshire Immigrant Center should be operating at. ... We really believe in this program, but, in general, we are concerned about the future of the center."

This fiscal year, the Berkshire Immigrant Center has helped 36 people become American citizens, helping them fill out forms, understand the rules, and enrolling them in English-as-a-second-language and civics classes. Total, the center has offered citizenship counseling to 102 people Since July 1.

Statewide, said Franklin Soults, spokesman for the Massachusetts Immigrant and Refugee Advocacy Coalition, or MIRA, a number of smaller agencies rely on the citizenship funds to help immigrants navigate the citizenship process, which can be confusing and intimidating, particularly to those who aren't fluent English speakers.

"Just about everything we are working on has received some sort of cut," Soults said. "Any social service agency you speak with will talk about the cuts they are facing this year, but immigrants don't have a huge voice, and they are being pretty adversely affected, as people at the bottom are often hurt by these sorts of things."

State Sen. Benjamin B. Downing, D-Pittsfield, said it will be "exceedingly difficult" to put money back.
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BEACON HILL ROLL CALL: See how your legislators voted
"Tax breaks: Senators say we can’t afford them"
www.patriotledger.com
By BOB KATZEN
May 30, 2009

BOSTON — Beacon Hill Roll Call recorded local senators’ votes on six roll calls from prior legislative sessions. The roll calls are from recent debate on the Senate version of an estimated $27.35 billion fiscal 2010 budget.

MAKE MORE SENIORS ELIGIBLE FOR TAX BREAK (S 3)

The Senate (11-28) rejected an amendment making changes that would allow more seniors over 65 to qualify for the state’s “senior circuit breaker” tax credit. Current law offers up to a $930 state income tax credit for qualified seniors whose annual property tax combined with 50 percent of their water and sewer bill is more than 10 percent of their total income. (A yes vote is for allowing more seniors over 65 to qualify for the $930 tax credit.)

Sen. Robert Hedlund Yes

Sen. Brian Joyce No

Sen. Thomas Kennedy No

Sen. Michael Morrissey No

Sen. Therese Murray President

rarely votes

Sen. Marc Pacheco Yes

Sen. James Timilty Yes

REPEAL PRIVATIZATION LAW (S 3)

Senate 11-28, rejected an amendment repealing the 1993 so-called “Pacheco Law” that regulates the privatization of state services which cost more than $200,000. The law includes several requirements including mandating that a state agency compare the cost of using a private company to the cost of the services if state employees were to work in the most cost-efficient manner – rather than to actual cost. The state auditor also has the final say and can reject a contract that he determines has not met all of the requirements or is "not in the public interest." (A "Yes" vote is for repealing the Pacheco Law that regulates privatization.)

Sen. Robert Hedlund Yes

Sen. Brian Joyce Yes

Sen. Thomas Kennedy No

Sen. Michael Morrissey No

Sen. Therese Murray President

rarely votes

Sen. Marc Pacheco No

Sen. James Timilty No

EASIER PRIVATIZATION OF STATE SERVICES (S 3)

The Senate (24-15) approved an amendment to the “Pacheco Law” that applies to contracts valued at more than $200,000. The amendment would apply the law to contracts worth more than $2 million. Amendment supporters said that raising the cap to $2 million would result in more privatization and a savings of up to $20 million. (A yes vote is for raising the cap to $2 million to make it easier to privatize.)

Sen. Robert Hedlund Yes

Sen. Brian Joyce Yes

Sen. Thomas Kennedy No

Sen. Michael Morrissey Yes

Sen. Therese Murray President

rarely votes

Sen. Marc Pacheco No

Sen. James Timilty No

ABOLISH CORPORATE TAX BREAK (S 3)

The Senate (7-32) rejected an amendment to halt the scheduled lowering of the corporate excise tax rate from 9.5 percent to 8.75 percent Jan. 1. The planned reduction was approved in 2008 as part of a package passed by the Legislature and signed into law by Gov. Deval Patrick. The 2008 package was expected to raise $482 million in tax revenues by both increasing and decreasing various corporate taxes. (A yes vote is for the higher 9.5 percent rate.)

Sen. Robert Hedlund No

Sen. Brian Joyce No

Sen. Thomas Kennedy No

Sen. Michael Morrissey No

Sen. Therese Murray President

rarely votes

Sen. Marc Pacheco Yes

Sen. James Timilty No

TAX CREDIT FOR JOB CREATION (S 3)

The Senate (7-32) rejected an amendment that would provide a tax break to small businesses for each job that they create in Massachusetts. The money would come from a transfer of $100 million from the Massachusetts Life Sciences Fund to a newly created Massachusetts Job Creation Fund. (A yes vote is for the tax credit for job creation and for funding it with $100 million from the life sciences industry.)

Sen. Robert Hedlund Yes

Sen. Brian Joyce No

Sen. Thomas Kennedy No

Sen. Michael Morrissey No

Sen. Therese Murray President

rarely votes

Sen. Marc Pacheco No

Sen. James Timilty No

DELAY SALES TAX BREAK FOR CAR BUYERS (S 3)

The Senate (35-4) approved a measure that would delay the implementation of a proposed reduction from 5 percent to 3 percent in the sales tax on automobiles and other motor vehicles purchased in the next six months. The delay would prevent the reduction from taking effect until the Department of Revenue studies the economic impact of the freeze and submits a report. (A yes vote is for the amendment replacing the tax cut with a study.)

Sen. Robert Hedlund No

Sen. Brian Joyce Yes

Sen. Thomas Kennedy Yes

Sen. Michael Morrissey Yes

Sen. Therese Murray President

rarely votes

Sen. Marc Pacheco Yes

Sen. James Timilty Yes

ALSO UP ON BEACON HILL

FEDERAL STIMULUS MONEY (S 2047):

The Senate approved and sent to the House a bill changing some state laws to help Massachusetts comply with federal requirements in order to receive the maximum share of federal stimulus money. A controversial change would allow notices soliciting bids from companies seeking contracts to work on federally funded projects to be posted only on state-owned and operated Internet sites instead of in local newspapers, as required for projects under current law. The Patrick administration says that the change would save the state time and money and ensure that it is able to meet all deadlines for spending the estimated $8.7 billion that the state is expecting. Critics say that the change will hurt many newspapers that are already struggling. They argued that this misguided move is unfair and decreases openness and transparency because not every business and individual has Internet access.

Other changes include extending from 18 weeks to 26 weeks the time period a person can receive unemployment benefits while participating in a training program; expediting procedures that must be followed by companies bidding for state contracts and requiring that any jobs created with federal money be abolished when the federal funding ends. Critics said that the bill loosens too many state regulations that are designed to ensure a fair bidding process and prevent fraud. They argued that the bill does not create sufficient oversight and watchdogs to prevent fraud and abuse.

REQUIRE SCHOOLS TO STERILIZE BAND INSTRUMENTS (H 111): The Education Committee heard testimony on a bill requiring that all public and private schools sterilize any musical wind instrument before giving it to a student to use. Wind instruments include the flute, piccolo, clarinet, oboe, trumpet and trombone. Supporters said that most schools do not sterilize these instruments and pointed to studies showing that bacteria that cause strep and staph infections can thrive for months inside. Opponents argued that the bill is an example of overreaction to a problem that may not even exist. They said that there is no proof that anyone has ever contracted an infection from a musical instrument and that most schools already clean the mouthpiece – the only part that touches a student’s lips. The measure was given initial approval in the House last year but never advanced to the Senate for action.

EDUCATION LEGISLATION: The Education Committee’s agenda listed several proposals including requiring all public high school students to study and demonstrate a general knowledge of cardiopulmonary resuscitation and the use of automatic external defibrillators as a prerequisite for graduation (S 208); mandating that all public school students receive an electrocardiogram before participating in an interscholastic athletic program (S 274); requiring all public schools to teach detection and prevention of skin cancer (S 284); and requiring all middle school students to receive a minimum of five hours of substance abuse and addiction awareness education during each middle school year (S 294).

MEDICAL MARIJUANA (H 2160): The Committee on Public Health is considering legislation allowing the medical use of marijuana by qualified patients. The measure would allow patients to possess up to 4 ounces of marijuana and 12 marijuana plants for medical purposes. The state would issue identification cards to qualified patients and to caretakers who could grow and provide marijuana for a severely disabled patient. Doctors would be allowed to issue prescriptions for marijuana use by patients fora debilitating medical condition including cancer, glaucoma, HIV/AIDS, hepatitis C, Lou Gehrig’s disease, Crohn’s, Alzheimer’s and any disease or treatment that produces severe pain, nausea or seizures.

POSTING GAS PRICES (S 1502): The Committee on Telecommunications, Utilities and Energy’s agenda included legislation that would require the price on the marquee at gas stations to be the per gallon price if the consumer paying with a credit card. Supporters say that consumers are often lured into a gas station with a misleading large sign that states a lower cash price for gas only to discover that the credit card price is higher.

HOW LONG WAS LAST WEEK'S SESSION?

During the week of May 25-29, the House met for a total of 1 hour and 54 minutes while the Senate met for a total of 4 hours and 31 minutes.
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Bob Katzen welcomes feedback at bob@beaconhillrollcall.com.
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