Ward 2 News

  • March 3, 2024 Letter

    I hope you had the chance to observe Black History Month, perhaps taking the Providence Walking Tour which I recommend. In this week’s letter, I will discuss how a draft report from RIDOT’s consultant changes my tentative understanding of the past, present and future of the Washington Bridge.

    1.     The VN Report 

    a.     The Role of the Tie-Down “Pins”

    On February 21, RIDOT’s consultant VN submitted a Draft Report concerning the current condition of the northern span of the Washington Bridge and remediation options. As noted in a Providence Journal article, the draft report can be read to view the broken tie-down rods (or “pins”) as a symptom of more significant structural vulnerabilities which overwhelmed the capacity of the “pins” to hold the bridge together.

    b.     Broader Structural Weaknesses

    The Report details structural flaws, not only along Span 7, but also throughout the entire length of the bridge. In my untrained reading, the report focuses on a key component in the bridge’s understructure supporting the road deck above it. That understructure consists of a series of concrete “beams” that straddle the piers anchored in the Seekonk riverbed. The concrete beams depend critically upon steel cables (or “tendons”) that run through the beams, and which are held in tension with fixed anchors at either end, resulting in what is called a “cantilever beam post-tensioning system.”

    To my understanding, the VN Report finds significant deterioration of the steel components that hold the concrete beams in tension in Span 7, degrading of the “grout” that surrounds and protects the tendons within the beams, and degrading of the concrete in the beams themselves. While focused on Span 7, the VN Report finds signs of similar flaws in other locations on the bridge, which it attributes to water leaking through joints in the bridge “deck” (or road surface above the understructure). The VN Report concludes that the original plan to replace the broken tie-down “pins” is inadequate to address these pervasive flaws, and that efforts to repair these flaws within the bridge’s current structure present significant risks of failure.

    2.     Implications of the VN Report

    VN submitted its Report on February 21, the same day that RIDOT announced its plans to add a third lane in each direction of the remaining (southern) span of the Washington Bridge. If RIDOT concludes (as I believe it will) that the northern span must be replaced, it changes my understanding of the past, present and future of the Washington Bridge in these ways:

    a.     The Past

    At the Joint Oversight Committee’s first hearing, members asked questions concerning inspections of the tie-down “pins” whose failure was noted for the first time in December. I believe we were trying to determine whether RIDOT could have identified the need to repair and replace those pins earlier than it did, which could have saved the bridge from its immediate closure. The VN Report changes my understanding, because I read it to say that the pins’ failure was a symptom of larger problems that would have remained even if RIDOT had replaced the pins years ago.

    If this is correct, my inquiry into the past changes from a focus on the pins to a broader question concerning RIDOT’s overall repair program design. In its 2019 BUILD Grant application, RIDOT noted some corroded steel components on the bridge, but outlined a repair project focused on the bridge’s “deck” rather than its understructure. At that time, RIDOT asserted that the proposed repairs could add 25 years to the bridge’s useful life, obviating the need for a “costly full replacement, a scope change which could more than double the cost of this project.” (emphasis in original.)

    As a result, I would like to see future Joint Oversight Committee hearings explore the questions of (1) whether RIDOT could have taken steps during 2019-24 to shore up the bridge’s understructure to fulfill the project’s goal of adding 25 years to the bridge’s useful life, and/or (2) whether RIDOT’s better course would have been to plan for the bridge’s replacement in 2019, rather than incur the $30 million spent to date on a repair plan that was unlikely to succeed.

    b.     The Present

    It now appears likely that the Washington Bridge will be limited to a single (southern) span for a period of months and possibly years. If this is correct, I would like the Joint Oversight Committee to investigate the impacts of this no longer “interim” change on, among other things, (1) traffic patterns that affect travel times and local road conditions and (2) local businesses.

    c.      The Future

    RIDOT announced it will disclose its plans for the future of the Washington Bridge’s northern span in late February or early March. If (as I now expect) those plans will be to replace the bridge, the Joint Oversight Committee will need to learn answers to such questions as: (1) What lessons has RIDOT learned from the failure of the current bridge as it applies both to this bridge and others throughout the State? (2) What process will RIDOT employ to design and build the replacement? (3) How long will it take? (4) How much will it cost? and (5) How will it be paid for?

    3.     Conclusion

    I am not an engineer, and my lay person’s perspective may be 100% off-base. Also, I have much to learn about the facts and circumstances here. I will continue my own study and obtain expert insight when and where I can. With that said, the VN Report has significantly changed my understanding of the past, present and future of the Washington Bridge. I will work with the Joint Oversight Committee to continue our investigation to support the State’s best possible response to this event.

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  • February 18, 2024 Letter

    I hope you enjoyed the Super Bowl and survived the snow. This week’s letter discusses the first oversight hearing reviewing the closure of the westbound Washington Bridge.

    On Monday, February 12, the Senate and House Oversight Committees held their first joint hearing to review the Washington Bridge closure. The Committees have a broad charge, looking to what happened in the past, how the closure is being managed in the present, and what actions the Department will take in the future to repair or replace the bridge.

    A.   The Decision To Close The Bridge

    At the hearing, RIDOT presented a Slide Deck with information about the bridge closure. On Friday, December 8, an engineer from VHB inspected the recently-painted steel girders (or “beams”) in Span 7. While there, he noticed that a tie-down pin that attached one of the girders had broken, leaving a gap. (See Slide 7). A team of VHB engineers returned Monday morning December 11. They observed that several of the girders were moving as traffic went across the deck, indicating the possible failure of other tie-down pins and the risk of bridge failure. RIDOT closed the bridge that afternoon.

    B.    The Response To The Structural Failure

    1.     Assembling An Investigative Team

    In response, RIDOT assembled a team of six consultants (See Slide 5), and the Governor engaged a seventh consultant to perform a separate forensic analysis (i.e. explain when and why the tie down pin failed). In addition to its own forensic consultant, RIDOT engaged a consultant who specializes in non-invasive testing, such as X-rays and ultrasonic testing, that will allow RIDOT to review the condition of structural elements that are not visible.

    2.     Revising The Initial Repair Plan

    At first, RIDOT believed that it would be possible to repair the bridge by replacing the twelve tie-down pins and related hardware in Span 7. Since that time, the consultants have conducted further testing of the six beams in Span 7, as well as beams in other spans of the bridge. RIDOT concluded that its original repair plan may be insufficient, and that a range of possible repairs (up to replacement) is possible. RIDOT expects to have a complete analysis by late February or early March, at which time it will select a repair or replacement plan.

    C.    How And Why The Failure Occurred

    1.     RIDOT’s Initial Repair Plan

    In its 2019 BUILD Grant application for funding a part of the project’s $70 million total cost, RIDOT stated that (1) the bridge was in poor condition, (2) the proposed repairs could add 25 years to its useful life and (3) delaying construction “will ultimately result in a necessary, costly full replacement, a scope change which could more than double the cost of this project.” (emphasis in original.) The document identified areas where the bridge required “significant rehabilitation,” focusing on the underside of the bridge deck and the superstructure. The application did not mention the tie down pins.

    2.     The Importance Of The Tie Down Pins

    We now know that the tie-down pins at Span 7 are a critical element of the bridge’s structural integrity. As a result, I am interested in the following questions:

    ·        Would the present closure have occurred if RIDOT had addressed the issue of the tie down pins earlier?

    ·        Were there reasonable opportunities to detect and address the problem of the tie down pins earlier?

    ·        If so, which actors could have addressed this problem prior to the discovery of structural failure on December 8, 2023, and when could/should they have done so?

    3.     Next Steps

    In looking for answers to these questions, I am mindful of the saying that “hindsight is always 20-20,” and the record of information the Committee has assembled to date is in its earliest stages.  With that said, I question whether RIDOT could have benefitted in 2019 from the expertise of the consultants it engaged this past December. As Chair McKenney noted, this project has cost a total of almost $100 million, so it is not intuitively clear how this issue could have been missed, or why consultants who could have provided useful information were not engaged due to cost concerns.

    At the hearing, I requested certain types of additional information and additional witnesses that will supplement the record, and hopefully provide a basis to resolve these critical questions of accountability, as well as provide lessons learned for repairs in the remaining inventory of bridges.

    The General Assembly will observe its February recess next week. I therefore expect to send out my next letter in two weeks (i.e. Sunday, March 3). Until then, I wish you all the best.

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  • February 4, 2024 Letter
    When Punxsutawny Phil did not see his shadow Friday, it was a mixed blessing – yes, we want Spring to come, but shorter winters also remind us of the urgent need to address climate change. While our work on this continues, this week’s letter discusses the rate review process for behavioral health services and revisions to the State’s use of federal pandemic relief funds.

    A.   Reviewing Medicaid Provider Reimbursement Rates

    My first Finance Committee meeting two years ago introduced me to the holes in our safety net for people needing social and human services. At that time, the General Assembly approved a temporary patch of federal funds to supplement inadequate Medicaid reimbursement rates. Over the past year, the Office of Health Insurance Commissioner reviewed of those rates. On January 30, Commissioner made a Presentation describing the process and findings.

    1.     The Commissioner’s Cost Model

    The Commissioner assessed the adequacy of Rhode Island’s Medicaid reimbursement rates by comparing them to neighboring states, and by developing an independent provider cost model.  Based on these models, the Commissioner found a $44 million gap in current reimbursement rates for these services.  (Other Medicaid rates were not discussed at this hearing.) Any rate increase would be funded by a mix of State and federal funds at a ratio of roughly 44% (state)/56% (federal).  The Commissioner noted that the General Assembly’s charge to him did not request a review of primary care reimbursement rates; however, he recommended conducting such a review in the coming year.

    2.     The Governor’s Budget

    While the Governor’s budget documents note the Commissioner’s rate review, they do not explicitly quantify its impact. In fact, the Governor’s 2025 overall budget of the Department of Behavioral Healthcare and Developmental Disabilities and Hospitals (which includes a number of other items not subject to rate review) proposes a $7.7 million reduction next year from the current year’s revised budget.

    B.    Repurposing Soon-To-Expire Federal Pandemic Relief Funds

    In my January 7 letter, I discussed the Pandemic Recovery Office’s review of federal aid from the State Fiscal Relief Fund (SFRF) of the American Rescue Plan Act that was at risk of forfeiture due to the State’s failure to meet federal obligation and spending deadlines. Last Wednesday, that office issued a updated report with recommendations.

    1.     The Pandemic Relief Office’s Recommendations

    The updated report recommends canceling than $65 million of currently unobligated and unspent federal fund projects, including funds for COVID response ($20 million plus), the South Quay Terminal project ($35 million), while also substituting $20 million of unrestricted surplus to pay for a water treatment plant at URI, which cannot be completed within the federal funding deadlines. The administration will be presenting its updated SFRF budget to the Finance Committee this Thursday, February 8.

    I look forward to receiving more information about this budget. As noted in my January 7 letter, I want to ensure that some proposed funding substitutions comply with federal guidelines, and that the the budget spends this one-time money both promptly (to avoid forfeiture) and in the State’s best interest.

    2.     Compliance With Broad Federal Goals

    I also am concerned with the program’s consistency with the goals Congress presented when approving this funding. As noted in my November 14 2021 letter, federal guidelines identified four permitted uses of SFRF money, namely (1) responding to the public health crisis and its economic impacts, (2) supporting essential workers, (3) replacing lost state revenue and (4) water/sewer/broadband infrastructure. The Governor’s budget describes how the State’s SFRF budget matches these categories with this pie chart:

    The pie chart does not have any funding for essential workers (though I believe some modest amounts went for this purpose), or for water/sewer/broadband infrastructure (though again I believe some amounts went for this purpose). In the meantime, the State has allocated over $384 million for “revenue replacement,” i.e. to replace general State revenues lost due to the pandemic. This category that permits expenditures on almost any purpose, pandemic-related or not. Congress provided a formula for calculating the amount allowed under this category which was independent of how State finances actually developed during the pandemic. As it happens, Rhode Island ran general revenue surpluses over that period in the following amounts:

    • FY2021: $374,425,433
    • FY2022: $209,649,745
    • FY2023: $412,262,967 (preliminary audit)

    At the moment, the recently concluded fiscal year shows a general revenue surplus of $90 million, though that is subject to adjustment.

    In short, Rhode Island’s general revenues held up well during the pandemic, and we decided to allocate SFRF money for “revenue replacement” even though State revenues did not need to be replaced. Put another way, we allocated the money to relatively unrestricted “revenue replacement” because we were allowed to, not because we had to.

    Rhode Island was not alone in taking this step, and many of our “revenue replacement” projects will help the State over time. With that said, I regret that we did not use the funds to help our essential workers during the pandemic, and I remain concerned that we assign a top priority to using adequate remaining federal funds for their primary intended use, namely building up our public health system to take us through the ongoing COVID pandemic and to increase our resilience for future ones.

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  • February 11, 2024 Letter

    I hope you are looking forward to the Super Bowl or Puppy Bowl, depending on your preference. (I have a Swiftie niece who might be watching her first Super Bowl ever.) This week’s letter discusses procurement reform, the federal pandemic relief aid budget and upcoming oversight hearings on the Washington Bridge project.

    A.   Promoting Ethical Procurement Practices

    At a February 6 Finance Committee meeting, the Department of Administration presented a proposed code of ethics for procurement practices. The initiative responds to a controversy that arose last year when a State official demanded gifts and favors from a Philadelphia firm seeking a State contract. The proposed Code would (to my knowledge for the first time) also hold vendors accountable for violations of gift prohibitions, subjecting them to possible debarment from State contractual work. I encouraged the Department to go further, using the procurement process to ensure vendor compliance with the campaign finance laws.

    More specifically, Rhode Island law requires vendors performing State business exceeding $5,000 in a year to file affidavits with the Board of Elections disclosing their State contracts and their political contributions in amounts equal to or greater than $250. Given that there are hundreds of such vendors, I was surprised to find on the Board of Elections web page that it contained only five vendor affidavits for activity occurring in 2023. This raises a question in my mind about the level of vendor compliance with this transparency law that a procurement code of ethics could help address.

    B.    Repurposing Soon-To-Expire Federal Pandemic Relief Funds

    In my January 7 letter, I discussed the Pandemic Recovery Office’s review of federal COVID aid that was at risk of being forfeited due to the State’s failure to meet federal obligation and spending deadlines. At a February 8 hearing, the Pandemic Recovery Office presented its backup plan for uncommitted federal pandemic relief funds. The office determined that those funds could be deposited in the State’s unemployment benefits fund at any time. Such a deposit would reduce the required employer contribution to the fund going forward.

    While this allocation would provide a valuable benefit to business, I remain interested in alternative uses for uncommitted funds. For example, the Governor’s current plan allocates $121 million to public health, barely 10% of a $1.1 billion federal program intended to help states respond to a public health crisis (i.e. COVID-19). When the Department of Health staff presents to the Finance Committee, I will ask them whether we can use additional federal funds beyond those already committed to increase our State’s resilience against the time when the next pandemic strikes. For example, we have learned that wastewater surveillance can be an early indicator of the level of coronavirus (or presumably other virus) infection in a community, providing communities with time to respond before there is a spike in such lagging indicators as hospitalizations and deaths.

    C.   Oversight of the Washington Bridge Closure

    Tomorrow (February 12) afternoon at 3:00, the House and Senate Oversight Committees will conduct a joint hearing to begin review of the events leading up to the recent closure of the Washington Bridge. The Department of Transportation decided to close the northern (westbound) side of the bridge due to safety issues located in Span 7. The Department maintains a web page with information regarding the closure, including copies of inspection reports dating back to 2020.

    As one of the 37 members of these committees, I will be interested in learning, among other things, about (1) how these inspections were conducted, (2) why the 2023 inspection revealed safety concerns that were not detected previously, (3) (when it becomes available) the Department’s plans to repair or replace the northern side of the Washington Bridge and (4) what lessons we can learn from this experience to support the State’s ongoing bridge maintenance and repair program. Monday’s meeting can provide a start to this inquiry, but additional hearings probably will be necessary.

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  • March 10, 2024 Letter

    At Thursday’s Senate session, we wore purple to honor International Women’s Day (I also wore it to celebrate Classical High School’s basketball victory) following last week’s celebration of Black History Month. Combining these two occasions, I attended a class yesterday that studied a famous speech by Sojourner Truth, who was a leader in the causes of both abolition and women’s rights. In this week’s letter, I discuss the Commerce Corporation and a bill I introduced this session.

    1.     The Commerce Corporation

    The Senate Finance Committee reviewed the Commerce Corporation budget last week. Among other things, we reviewed the Corporation’s decision to approve the Tidewater Landing soccer stadium bond that requires $132 million in payments over time to provide $27 million in financing, or almost $5 in payments for each dollar of financing, making it the most expensive publicly funded minor league soccer stadium. This results in part from a high interest rate (7.24%), but even at that interest rate, the total financing costs of a 30-year home mortgage would be less than half of what Commerce is paying to finance Tidewater Landing. This decision has raised serious questions concerning its value proposition.

    Looking for lessons to learn, I reviewed the minutes of Commerce Corporation meetings over the last two years. I learned that Commerce usually makes decisions with broad consensus – of the 101 substantive votes it took, 95 were unanimous and three more were unopposed with members recusing, leaving only three votes with opposition. Of those three, two received only token opposition, resulting in votes of 5-2 on one matter and 8-1 on another. The only closely divided vote involved Tidewater Landing, when on July 25, 2022, the Governor voted to break a tie to force approval with a 6-5 vote, with one member abstaining and another recusing; i.e. fewer than a majority of the full Commerce Corporation supported the measure.

    At the hearing, I recommended to the Commerce Secretary that the Corporation should adopt a two-thirds rule for its votes, as this would not affect 99% of their votes, while causing them to pause before moving forward on the 1% of matters on which they are seriously divided. If Commerce does not set this guardrail on its own, it may be appropriate to advance legislation.

    2.     Legislative Program

    I introduced Bill S-2569 to revise the “state share” component of our education aid funding formula to match that of Massachusetts. Rhode Island calculates the state’s share of each community’s foundation budget by comparing each community’s property tax base per enrolled child (as measured against the statewide average). While this measure is a useful first approximation, the fact remains that some students have greater needs, and their education requires greater local and state resources.

    Consider the example of two communities, A and B, each of which has a property tax base of $100 million and an enrollment of 100 students. Suppose, however, that A’s students are all native English speakers from affluent families, while half of B’s students are multi-language learners from households in poverty. As reflected in Rhode Island’s funding formula, Community B’s foundation budget will be at least 20% larger than Community A’s, as “student success factor” will be added to the cost to educate each student who is either in poverty and/or is a multi-language learner.

    From this difference in the composition of student population, it follows that Community B will require a larger “tax effort” to pay its share of the cost to educate its resident student population than will Community A. Because Rhode Island’s current funding formula does not account for this difference, our formula would apply the same “state share” to both communities.

    In contrast, Massachusetts calculates state share by comparing each community’s property tax base to its foundation budget, rather than its property tax base per student. Adjusting the state share in this way would be largely “expenditure neutral,” i.e., it would not require additional State dollars, but it would redirect significant State aid to communities with students in poverty and multilanguage learners, including Providence.

    I have introduced 14 other bills you can view by clicking on this link.  In future letters, I will discuss some of these other bills from this list in greater detail.

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  • 2024 Legislative Agenda

    I have introduced these bills during the 2024 legislative session:

    Senate Bill No. 2070  ENTITLED, AN ACT RELATING TO INSURANCE — ACCIDENT AND SICKNESS INSURANCE POLICIES (Prohibits an insurance company from imposing any cost-sharing requirements for any diagnostic or supplemental breast examinations.)

    Senate Bill No. 2118  ENTITLED, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE — COURTS — JUDICIAL SELECTION (Requires individuals seeking a judicial nomination to reapply to JNC every 5 years and make those individuals selected as finalists, eligible only for the court in which they applied and were chosen during the five years following their selection.)

    Senate Bill No. 2170   ENTITLED, AN ACT RELATING TO TAXATION — INVESTMENT TAX CREDIT (Limits investment tax credit to manufacturers. Requires determination of goals, objectives and effectiveness of the credit. Repeals the specialized investment tax credit.)

    Senate Bill No. 2277  ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT — 2025 BATTERY-POWERED LEAF BLOWER PILOT REBATE AND EDUCATION PROGRAM (Establishes a new chapter for the 2024 Battery Powered Leaf Blower Pilot Rebate and Education Program.)

    Senate Bill No. 2279  ENTITLED, AN ACT RELATING TO FINANCIAL INSTITUTIONS — CONSUMER CHECKING ACCOUNTS (Establishes Rhode Island consumer checking accounts to insure the availability of low-cost, low-volume basic checking services for citizens of the state.)

    Senate Bill No. 2283  ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT — GOVERNOR’S WORKFORCE BOARD RHODE ISLAND (Creates a civic apprenticeship program for recent Rhode Island high school graduates to gain work experience working in Rhode Island state departments.)

    Senate Bill No. 2362  ENTITLED, AN ACT RELATING TO TAXATION — PROPERTY SUBJECT TO TAXATION (Exempts from taxation the real and tangible personal property of the Providence Preservation Society.)

    Senate Resolution No. 2363   ENTITLED, JOINT RESOLUTION MAKING AN APPROPRIATION TO PROVIDE STATE AID IN AN AMOUNT NECESSARY TO CARRY OUT THE REQUIREMENTS OF RHODE ISLAND GENERAL LAWS § 45-13-5.1 (This resolution would authorize an appropriation in an amount necessary to carry out the requirements of Rhode Island General Laws § 45-13-5.1.)

    Senate Bill No. 2394  ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY — LICENSING OF HEALTHCARE FACILITIES (Allows the healthcare facility to conduct human-subject research on patients subject to 21 C.F.R. Pt 50 and/or 45 C.F.R. Pt 46 (relating to the informed consent of human subjects).)

    Senate Bill No. 2427  ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT — 2024 REAPPOINTMENT OF PERSONS SERVING IN POSITIONS REQUIRING ADVICE AND CONSENT ACT (Directs the governor to annually provide the senate with names of appointees to boards whose terms are expiring and who require advice and consent of the senate.)

    Senate Resolution No. 2443  ENTITLED, JOINT RESOLUTION JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION — REMOVING PROVISIONS PROVIDING FOR ELECTION BY PLURALITY (This Joint Resolution would propose to the voters of the state a constitutional amendment which would remove from the Constitution the provision of Article IV, Section 2, that provide for election by plurality.)

    Senate Bill No. 2444 ENTITLED, AN ACT RELATING TO CITIES AND TOWNS — COUNCILS AND GOVERNING BODIES (Provides that the Interlocal Risk Management trust would be subject to the department of business regulation and the attorney general conducting investigations of trust practices in the areas of health insurance and workers’ compensation insurance.)

    Senate Resolution No. 2482  ENTITLED, SENATE RESOLUTION CONDEMNING ANTISEMITISM IN THE STATE OF RHODE ISLAND AND BEYOND

    Senate Bill No. 2513  ENTITLED, AN ACT RELATING TO EDUCATION — HEALTH AND SAFETY OF PUPILS (Requires all public schools to screen students for behavioral health concerns by June 30, 2025, and thereafter, all students in the third grade, eighth grade, and students who enroll from a district outside of the state.)

    Senate Bill No. 2569 ENTITLED, AN ACT RELATING TO EDUCATION — FOUNDATION LEVEL SCHOOL SUPPORT [SEE TITLE 16 CHAPTER 97 — THE RHODE ISLAND BOARD OF EDUCATION ACT (Changes the formula to determine the state’s share of educational cost by adding 3 new variables to the formula.)

     

     

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  • January 28, 2024 District Letter

    I hope you enjoyed Saturday’s opportunity to spend time outdoors. This week’s letter discusses the Senate commission studying the Providence Public Schools and the State’s plans to reduce greenhouse gas emissions.

    A.   The Providence Public Schools

    1.     The Possibilities Offered By Professional Unionism

    Last Monday, the Senate Commission studying the Providence Public Schools began to review a Draft Report recommending a transition from “industrial unionism” to “professional unionism,” through which teachers and administration share authority, responsibility and accountability for the education of the children of Providence. If implemented successfully, this transition could combine progress in three areas at once: (1) increase educators’ capacity to improve educational outcomes for all students, (2) increase professional fulfillment for teachers and (3) accelerate the successful conclusion of the State takeover of the Providence Public Schools. An effective transition to professional unionism also can provide indirect benefits in such areas as faculty recruitment and retention and diversifying the workforce.

    2.     Challenges and Limitations

    It will not be easy to bring about this transition, as it depends on the ability of both labor and management to leave their comfort zones as they replace past practices with best practices. Also, even a successful transition will not serve as a panacea that sweeps away the many other challenges facing the Providence Public Schools. With that said, the draft report makes the case that a transition to professional unionism is a necessary step on the district’s path to improved student outcomes, greater teacher fulfillment and an earlier successful conclusion to the State takeover.

    3.     Next Steps

    The Commission has scheduled meetings for Mondays January 29 and February 5 (and, if necessary, Monday February 12) to complete its review of the draft report with the goal of preparing and approving a final report prior to the February vacation.

    B.    The Executive Climate Change Coordinating Council

    On January 23, the Senate Environment and Finance Committees heard a Presentation by Terrence Gray describing the work of the Executive Climate Change Coordinating Council (EC4).  EC4 was formed to design and coordinate the work of State agencies to implement the Act on Climate, whose mandates call for successive reductions in emissions to reach “net zero” by 2050. EC4’ s current work plan includes grants to State agencies for such projects as incentives for electric vehicles and bicycles, climate vulnerability assessments and enhancing municipal participation in State energy programs. I was interested to learn that EC4 plans to prepare a grant application for $500,000 to purchase several sets of battery-powered landscaping equipment for State agencies and contractors.

    EC4 has received federal funding to develop a preliminary climate action plan later this year, which will support further grant applications. EC4 is analyzing emissions data to prepare a Climate Action Strategy by December 31, 2025. The strategy will provide a specific road map to achieve the Act on Climate’s mandates. At this point, EC4 must deal with a two-year lag in receiving data aggregating Rhode Island’s greenhouse gas emissions in a usable form. This lag has complicated EC4’s ability to determine the feasibility of the current Act on Climate mandates, particularly the most ambitious out-year mandates. The Committees offered their assistance to EC4 to advance any legislation needed to carry out its critical mission

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  • January 21, 2024 District Letter

    With the Governor’s presentation of his State of the State address and submission of his proposed budget, the pace of work at the General Assembly will increase. In this week’s letter, I provide some initial observations of the Governor’s budget presentation, and a progress report of the Senate commission studying the Providence Public Schools. (Those of you who are interested can view the supporting documents to the Governor’s budget by clicking on this link: Budget Documents)

    1.     The Governor’s Redirection of Federal Pandemic Relief Funds

    In my January 7 letter, I noted that the State was behind on making use of federal funds awarded under the State Fiscal Relief Fund (SFRF) of the American Rescue Plan Act (ARPA), and that the Governor may redirect some of those funds for other uses. The Governor’s budget presentation included a Slide 36 proposing the redirection of $51.7 million of SFRF funds. My initial review this Slide raises questions that will require further clarification concerning the redirection of ARPA funds to the Department of Corrections and to RIPTA.

    a.                 The Department of Corrections

    Slide 36 proposes redirecting $20 million of ARPA funds for operating expenses at the Department of Corrections. As best I can tell at this time, the Governor proposes adding the $20 million to a Supplemental Budget for the recently concluded fiscal year. In other words, the $20 million appears to cover a cost overrun from last year’s budget.

    If correct, this initial view is problematic. The Governor’s presentation included Slide 40, which indicates that last year’s budget had a surplus of around $90 million. In a normal budget process, an administration would use a budget surplus to “pay for” a cost overrun that developed after the budget closed. In this particular case, under normal budgeting procedures, the $20 million overspend would be “paid for” by reducing last year’s surplus $90 million to $70 million. Instead, the Governor’s budget appears to use $20 million of ARPA money to “preserve” the $90 million surplus of State money for use at a later time, perhaps later on when the deadline for using the ARPA money expires. This would appear to violate one of the federal guidelines governing the use of SFRF funds, which provides that “[f]or all recipients, funds may not be used for debt service or for replenishing financial reserves.” (emphasis added)

    b.                 The Rhode Island Public Transit Authority

    Slide 36 also proposes redirecting $10 million in ARPA funds to RIPTA’s operating budget for next year. While this does not raise the issue of “replenishing financial reserves,” it does raise significant policy concerns. First of all, even with this $10 million infusion, the Governor’s budget projects an operating deficit for RIPTA of more than $8 million. RIPTA provides a critical service for thousands of Rhode Islanders, and the administration will have the burden of demonstrating how RIPTA can fulfill its mission with a budget that at least appears to be inadequate by design.

    Second, there is the question of future years. Even if we assume (in my opinion heroically) that RIPTA can manage an $8 million budget reduction, Slide 40 projects a structural deficit in the State budget for next year of more than $240 million. In other words, the $10 million of ARPA money is covering a hole in this year’s budget with funds that will not be available in the future, when budgets are expected to have deficits that need to be closed. This type of budgeting is contrary both to numerous statements by State officials since the federal funds became available, and to sound budgeting practices.

    2.     The Senate Commission Studying The Providence Public Schools

    Tomorrow evening at 5:00, the Senate commission studying the Providence Public Schools will review a draft report for discussion. The Senate charged the Commission investigate and provide recommendations in the areas of (1) professional standards, (2) the labor-management relationship, (3) promoting a rewarding professional environment and school-based flexibility and (4) promoting accountability for the district’s professional educators. The Commission held six hearings to receive public comment and expert testimony, and a seventh “business meeting” to discuss lessons learned.

    There are many reasons for humility. First, the Commission’s charge is complex, looking at challenges that have existed for decades. Second, the “outputs” of our public schools (such as student achievement) are influenced by many factors (such as student demographics, parent and community engagement, facilities, etc.) that are external to those reviewed by the Commission. Third, some of the specific issues the Commission studied are not amenable to legislative solutions. While acknowledging these significant limitations, I believe that the Commission gained information and insight that can advance progress in the areas of its charge, and I am hopeful that tomorrow night’s draft report will generate a productive discussion among the Commission members, leading to a useful final report.

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  • January 14, 2024 Letter

    I hope you have an opportunity this weekend to reflect on the legacy of the Reverend Dr. Martin Luther King. I find there are always new lessons to learn from his era in history, most recently from having viewed the Rustin film on Netflix. This week’s letter discusses the transitions we will be seeing in the budgets of the State and the Providence Public Schools.

    A.       The RIPEC Report

    Last week, the Rhode Island Public Expenditure Council published a useful analysis describing the challenges facing the State budget in the coming year. As RIPEC describes, the State budget has been propelled in recent years by a generous infusion of one-time federal funds, as well as above-average growth in state revenues during the federal stimulus of the economy. As I noted in last week’s letter, federal guidelines require the State to “obligate” the American Rescue Plan Act funds by the end of this year and to spend them by the end of 2026.

    1.     Health Care

    In previous budgets, the State directed ARPA funds to certain health initiatives, beginning with the supplemental budget enacted in January, 2022, in one of my first votes as a Senator. The experience helped me learn of longstanding gaps in the State’s “safety net” that we were able to use federal funds to form a temporary “patch” that will no longer be available.  One major gap came from the inadequate rates the State reimburses providers for Medicaid-related care.  Inadequate Medicaid reimbursement rates also contribute to the financial stress of hospitals and shortage of primary care physicians in Rhode Island.  As reported by RIPEC, the Office of Health Insurance Commissioner recommends an increase of $45 million in combined State and federal funds (the State’s share is around 45%) to meet this gap. Full implementation of the OHIC rate study would require substantially more State funds.

    2.     Transportation

    The RIPEC report notes that the Rhode Island Public Transit Authority has relied in recent years on a substantial “patch” of federal pandemic funding which will leave a gap of more than $30 million. At the same time, the state’s truck toll program has been halted by a lawsuit, while motor fuel tax revenues are declining due to increased use of electric vehicles and greater fuel efficiency.

    3.     Education

    a.     State Education Aid

    The RIPEC report notes that State education aid has increased in recent years, but not at the accelerated pace of other State programs. With that said, the report notes that substantial increases in State expenditures for health care and transportation may “crowd out” available funding for education. Because the State’s education aid funding formula is largely on a per-pupil basis, districts with declining enrollment (such as Providence) may face reductions in State aid in the coming year.

    b. The Providence Public Schools

    Though not discussed in the RIPEC report, I am interested in how the Providence Public Schools make use of a substantial federal appropriation under the ESSER III Program. As noted in a recent R.I. Department of Education Report, Providence received $128.6 million in ESSER III funds, of which it had yet to spend more than $90 million as of this past November 30. Federal guidelines require Providence to commit these funds by September 30 of this year, and to spend them by the end of January, 2025. As was true for the ARPA funds, the unspent balance of these ESSER III funds will be forfeited to the federal government. It is critical for the Providence Public Schools to make use of these funds to the greatest benefit of our children, and to do so on a timely basis.

    4.     Housing

    The RIPEC report notes that affordable housing in Rhode Island currently costs more than $450,000 per unit to build, of which the State investment exceeds $120,000. Under this arrangement, the State current funding commitments (even after adding in a $100 million bond) will produce fewer than 3,200 new units, which is at best a start in filling the State’s current 24,000 unit gap. In light of this, the State needs to find new ways either to increase the private investment per dollar of public funds or, alternatively, to reduce the cost per unit of affordable housing. On that note, I am interested in a recent report on NPR describing how Maryland is filling the affordable housing gap with manufactured housing, thereby significantly reducing costs.

    5.     Conclusion

    This year’s State budget will lack the extraordinary federal revenues and growth in State revenues we have seen in recent years. We will need to make difficult choices to set priorities in such areas as health care, transportation, education and housing.

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  • Budget Documents