May 2009 Policy Update

  

In this Issue:

 

 

Greater Boston Chamber Policy News

The Chamber’s 2009 legislative agenda is focused on four goals: strengthening Greater Boston’s workforce, making the region’s business climate more competitive, strengthening critical industries, and fixing Greater Boston’s infrastructure. Issues related to all four goals are currently before state government. The Chamber is working with member companies, government leaders, and other business groups to advance those issues, as outlined below.


Life Science Marketing Regulation: Chamber opposed to Senate bill that would reverse legislative and regulatory process

The Chamber recently testified in opposition to Senate Bill 547, which would significantly tighten the provisions of the life sciences marketing code of conduct regulation promulgated by the Dept. of Public Health and adopted by the Public Health Council in March. Its provisions could substantially impede or deter collaborative research and testing from being conducted in Massachusetts, while potentially harming the overall competitiveness of the life sciences cluster and driving new jobs and investment to other states.

Adoption of SB 547 would essentially nullify the legislative process that produced the bill and the regulatory process that implemented it. Concerns remain about the impacts and unintended consequences of this “first in the nation” code of conduct. Revisions or clarifications to the regulation are likely still needed to ensure a robust climate for research, development, and training. Yet the Chamber believes the process was open, deliberative, and inclusive – attempting to reflect the perspectives of consumer advocates, patient communities, and industry and health care leaders alike.


Corporate Tax Policy: Chamber to push for additional revisions to combined reporting regulation

The Department of Revenue (DOR) released its combined reporting corporate tax regulation on May 26th. Although the regulations include a Chamber-backed revision, they also contain rules that will make it more difficult for multinational companies to compete in Massachusetts. Key parts of the regulation include:

  • Disallowance of certain deductions for companies subject to a "foreign income inclusion" provision. Among those disallowed deductions are certain interest expenses from intercompany borrowing – a policy that will make it more difficult to raise capital.

  • Limiting the intercompany inclusion provision to the inclusion of income, not losses, from intercompany transactions – the result of which is to prevent gross income included in a combined group’s taxable income from being reduced below zero even if a group’s member loses money in a year.

  • A Chamber-backed revision stating that DOR would not seek to disregard an otherwise proper election that results in a reduction of Massachusetts tax liability – a change that more accurately reflects the legislative intent of the 10-year affiliated group election lock.

In the weeks ahead the Chamber will continue to work for improvements to these rules, through the regulatory process, the legislative process, or both.


Charter Schools: Chamber continues to advocate for lifting the cap

This month, the Chamber submitted testimony to the Joint Committee on Education in favor of legislation that would lift the cap on charter schools and expand opportunities for students throughout Greater Boston.

Despite their documented success, charter school expansion is presently slowed by a cap that limits student access and constrains innovation. Lifting the cap will offer new educational opportunities and provide encouragement to parents and educators seeking greater creativity and flexibility.

Charter schools have proven to be an effective tool in closing the achievement gap between low-income and minority students and their peers. A recent study released by The Boston Foundation found that students in Boston charter schools consistently outperformed their peers in traditional public schools. The results in math achievement for middle-school students are particularly compelling: the study estimates that the benefit of a single year spent in a charter school was equivalent to closing half of the black-white achievement gap. Similar results of a recent New York study are equally compelling.

In addition, during the recent Senate budget debate, the Chamber and other groups urged Senate support for a measure that would maintain the existing charter school funding mechanism. The Chamber will continue to work with legislative leaders in the coming weeks to ensure continued support for and expansion of the charter school model.


Data Privacy: Chamber testifies in support of privacy protections that do not harm competitiveness 

Data privacy regulation will impact companies of all sizes and industries at a time of widespread budgetary constraints and accelerating revenue and job loss. The cost and operational burden of any new business regulation must be viewed, in part, through this lens. Yet ensuring data protection is a goal shared by all – and the Chamber believes this issue can be addressed without significantly impacting the competitiveness of the state. As such, the Chamber will continue working to advance data privacy policy that protects personal information and the Massachusetts economy.

Earlier this month, the Chamber testified in favor of Senate Bill 173, which would help to protect critical data by:

  • Aligning state data protection policy with federal regulation to establish a consistent regulatory regime and facilitate compliance for Massachusetts employers;

  • Providing flexibility in technology, enabling employers to utilize a variety of next-generation technologies and methods to meet their data protection requirements;

  • Requiring scalability in the regulation to avoid a costly and cumbersome one-size-fits-all approach to compliance; and

  • Creating separate regulations for small businesses to reflect their unique cost, resource and data situations and employ a more risk-based approach to compliance.

The Chamber believes Senate Bill 173 captures the essence of sound data protection policy. To bring outliers up to industry standard, rather than penalizing those companies already employing best practices. To reflect the time, expense, and resource required of regulated companies seeking to comply, rather than heaping costly, process-laden requirements onto companies amidst an economic crisis. 


Energy: Chamber working to secure revisions to greenhouse gas reporting regulations

The Chamber testified earlier this month on proposed amendments to the Mandatory Greenhouse Gas Reporting Regulation (310 CMR 7.71).

Massachusetts energy costs remain among the very highest in the nation – a competitive disadvantage which continues to impact businesses of all size and industry and hinder job growth and expansion in the Commonwealth. This cost structure could be further impacted by the implementation of the Global Warming Solutions Act of 2008 in the months ahead. As a result, this regulatory process must be viewed in part through the lens of its impact on the regulatory burden and business costs borne by Massachusetts employers. The Chamber supports revisions to the regulation, including changes to the stationary source reporting requirements, annual air emissions data reports, and verification of facility reports, which would help to facilitate implementation for both regulated entities and the state.  

Adoption of these revisions could help to lower the cost of compliance and preserve regulatory and legislative intent, without further impacting the competitiveness of our economy, job market, or energy cost structure. The Chamber will continue working with the DEP and stakeholders as this important process moves forward.

For more information on the Chamber’s policy agenda, contact Jim Klocke, executive vice president, Tim Sweeney, director of public policy, or Sarah Lanning, assistant director of economic development.

Inside the Chamber


On May 12, Senator Steven Panagiotakos, chair of the Senate Committee on Ways & Means, addressed the Chamber's Government Affairs Committee. He discussed the various budget and revenue challenges faced by the state.

Upcoming Chamber Policy and Government Affairs Events


Government Affairs Forum Luncheon
U.S. Congressman Edward Markey
Chairman, Select Committee on Energy Independence and Global Warming

Monday, June 8, 2009
Boston Harbor Hotel
11:45 a.m. - 1:30 p.m. Program & Lunch

Click here to register

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