February 2014
Vol 9, Issue 1
denise in garden
Denise Provost
Somerville Stateside
Contact Information

Representative Denise Provost
State House, Room 473B
Boston, MA 02133

 

Office phone number is: 617-722-2263

Fax number is: 617-722-2837  

Email address is: denise.provost@mahouse.gov.  

 

I look forward to hearing from you.  

Denise 

 

Monday night - "Secrets Revealed"  

Please join me and Sierra Club on Monday, February 10, 2014, at 6:30 pm, for a program explaining how international trade agreements affect US workers, markets, and even the power of state and local governments to legislate. We're had 20 years of experience with the North Atlantic Free Trade Agreement (NAFTA) to inform our understanding. Right now, Congress is debating "fast track" authorization for the proposed Trans Pacific Partnership Agreement (TPPA), a highly secret pact with even wider-reaching implications.

 

This program will be held in the auditorium of the main branch of the Somerville Public Library, 79 Highland Avenue, I hope to see you there. 

In This Issue
Monday night - "Secrets Revealed"
My vote on the motion to expel Carlos Henriquez from the Massachusetts House of Represntatives
Staff Change
Update on the prospect of ethanol trains
Welfare Reform
Upcoming Events
Quick Links


Find me on Facebook
Join our Mailing List!

My vote on the motion to expel Carlos Henriquez from the Massachusetts House of Represntatives

Since some of you have asked, and many are wondering, I want to share my thinking on this vote. First of all, I believe that Representative Henriquez should have resigned from the House,
when he was convicted of assault. I would be happy if the House Rules provided for expulsion of a member convicted of a crime; however, the House has no such rule.

The main protection that we enjoy as a society is the rule of law. I fully accept Rep. Henriquez's conviction by a jury, in a court of law. What I cannot accept is his expulsion from the House of Representatives based on a supposed violation of House Rule 16A (1).

Rule 16 generally prohibits members from engaging in financial transactions that would influence their vote. This rule specifically says that:

"While members, officers and employees should not be denied those opportunities available to all other citizens to acquire and retain private, economic and other interests, members, officers, and employees should exercise prudence in any and all such endeavors and make every reasonable effort to avoid transactions, activities or obligations which are in substantial conflict with or will substantially impair their independence of judgment."

This rule would certainly have applied to the case of the former House Speaker, from Boston's North End, who was convicted of accepting cash in exchange for legislative actions. Had that gentleman not resigned, he could clearly have been found to have violated Rule 16A(1). As a matter of House history, it's worth noting that this Rule was adopted after  Speaker DiMasi's resignation, as part of a widespread call for "Ethics Reform."

 

Rule 16A(1), however, does not apply to the Henriquez case. I respectfully disagree with my colleagues who insist that it applies to all activities which would tend to impair a member's "independence of judgment." The misuse of Rule 16A(1) concerns me, and and also points to the House's lack of rules which do apply to criminal activity and sexual violence.

My vote in this matter was a vote for the rule of law, a value to which I will continue to adhere.

Staff Change

As many of you know by now, I have a new legislative aide, Pooja Phaltankar. When her predecessor left last summer, after four and a half years with my office, Pooja ably took over. You can reach her at 617-722-2263 or at Pooja.Phaltankar@mahouse.gov.

Update on the prospect of ethanol trains
The possibilty that trains filled with highly flammable ethanol could start traveling through Somerville continues to concern me and other colleagues in the legislature. The fortunate outcome of our efforts last year was the adoption of Section 81  of the FY 2014 budget. That amendment prevented the Department of Environmental Protection (DEP) from granting a Chapter 91 license to a facility storing or blending large volumes of ethanol close to highly populated areas - a provision applying to Global Petoleum's Revere operation, for which it sought a Chapter 91 license to build a rail terminal.

 

Unfortunately, on July 12, 2013, Governor Patrick returned Section 81 to the legislature fwith an amendment, changing it from an outright ban to a two-year moratorium on the Chapter 91 license issuance. During the moratorium, the Governor would have MEMA "develop a comprehensive ethanol transport response plan for all municipalities that accommodate the transport of ethanol by rail." I was deeply chagrined by the Governor's decision, which exposes most of Somerville's population (97%, according to MassDOT's own saftey study) to a serious risk of fire that would be too close and too fierce to flee, or even to fight without great hazard to first responders.

 

In response, I had a meeting with Speaker DeLeo, to which I invited several other House members from potentially affected communities. I believe that the Speaker takes this public safety threat posed by seriously. The House has not taken up the Governor's recommendation - but at the same time, we have not taken up another course of action.

 

If the House takes no action, we'll continue to have no protection in law against the consequences of ethanol-mixing expansion in Revere. Having Section 81 in limbo troubles me; fortunately, other developments provide some protection against the immediate advance of ethanol trains through our neighborhoodst. On June 20, 2013,the Suffolk Superior Court ruled against Global in a lawsuit that it had bought against DEP to compel action on the Chapter 91 license application; then, on July 1, 2013, Global, unilaterally withdrew that application.

 

While the immediate danger has abated, I will remain vigilant on the issue of hazardous freight cargo, to ensure that Somerville does not suffer a derailment disaster such as that which struck Lac Magantic, Quebec last July. The National Transportation Safety Board, on January 23, 2014, released its report on that disaster, with some strong recommendations. My hope is that the legislature will adopt its own, more protective response to the Governor's proposal, and that the Governor will not, this time, leave our region so vulnerable to ethanol infernos.

Welfare Reform
 

Last summer, the Senate passed a welfare refiorm bill, S. 1806, restricting eligibility for many benefits.  Some provisions of the bill that ease asset and income restrictions, but the bill also has many new requirements, such as photo IDs on EBT cards and increased penalties.  Last fall, when the House passed its own such bill, many of us worked hard to craft legislation that would actually reduce poverty.

 
Some of my amendments to the bill were accepted during the House debate, including a one million dollar invcrease in need-based scholarships for students getting a degree or certificate in a high-demand occupation. The two different versions of the bill are still in Conference Committee. I'm watching to see what sort of bill eventually emerges, and will let you know.
Upcoming Events
 

The Council on Aging is hosting a monthly LGBT movie series called "Movies to Come Out To" on the 4th Monday of every month at 5:30 PM at 167 Holland St. No RSVP necessary to watch the movie, but if you want dinner with as well, RSVP to 617-625-6600 x2300 or to lheyison@somervillema.gov to reserve your meal.