Ferrera's proposed trash fee plan 'an important piece of legislation'

Date: 12/22/2008

By G. Michael Dobbs

Managing Editor



SPRINGFIELD What has been described as "an important piece of legislation in these uncertain times" by its originator hasn't received much support from the Springfield legislative delegation.

City Councilor James Ferrera's proposal to create a state income tax deduction for municipal trash fees has been conveyed to local legislators and Ferrera said one called it "creative thinking."

Ferrera admitted to Reminder Publications that support hasn't been immediately forthcoming.

"I'm looking for any help and support I can get from the Springfield delegation," Ferrara said. He added he has either called every member of the delegation or spoken to them or their aides.

Ferrera had asked the City Law Department in August for a legal opinion on whether or not the city could submit a home rule petition to the state that would create a tax deduction for the Springfield trash fee. He received the answer in October and sent a letter to various elected officials on Dec. 12.

Attorney Harry Carroll wrote, ".it is the Law Department's opinion that Springfield cannot validly adopt local home rule legislation creating an income tax deduction for the Springfield trash fee. Furthermore the validity of a home rule petition requesting the Legislature to amend the state income tax to create such a deduction is also doubtful. Under these circumstances an alternative approach should be considered. For instance a member of the Massachusetts House of Representatives could be asked to sponsor a bill amending Chapter 62, section three of the General law, by adding either: (1) a new deduction from the Part B Massachusetts adjusted gross income: or (2) an exemption for individuals against Part B income for: 'the total amount paid by any municipal or town resident as a user fee for the collection, storage, transportation and disposal of litter, garbage, refuse, rubbish, solid waste or trash whether by automated or manual methods.'"

Ferrera said he has not spoken about his idea, which Mayor Domenic Sarno confirmed. When asked about the proposal last week, Sarno said his main legislative concern was to get Gov. Deval Patrick's bill on the revised payback schedule for the $52 million bailout loan to the city.

Ferrera said, "I realize the state is having some significant financial hardships."

He added his idea was not "an answer to [eliminating] the trash fee but some relief."