In 2006, Ben Downing won a five-way Democratic primary by a margin of 243 votes. The then-24-year-old Downing would go on to win the general election that year to represent the Berkshire, Hampshire, Franklin and Hampden District, and to be returned to that post by the voters of those 52 communities four more times. In 2016, he announced he would step down at the conclusion of his fifth term. What follows is a brief retrospective of some of the major policy accomplishments of his 10 years of service.
2007 - 2008
Public Service
Municipal GIC: Senator Downing was sworn in to the Senate in January 2007 and appointed by Senate President Robert Traveligni as Senate Chair of the Joint Committee on Public Service. There he focused on legislation to bring savings to cash-strapped cities and towns. His maiden speech ushered in the passage of legislation allowing municipalities to procure employee health insurance the state's Group Insurance Commission, creating a buffer for the fastest-growing expense on local budgets.
"I want to congratulate the Senator from Berkshire, Hampshire, Franklin on his maiden speech in the Senate Chamber. Senator Downing proudly serves the largest Senate district in the Commonwealth, and I am proud to have him as a member. Newly elected last November, Senator Downing understands the issues and concerns that are unique to his district, and his constituents are fortunate to have him representing them on a daily basis at the State House. He is an active member involved in many committees that serve the public’s interest, including consumer protection, veterans affairs and higher education. He is also chairman of the joint committee on public service. I look forward to hearing from Senator Downing on the floor of the Senate for many years to come.” - Senate President Therese Murray on Senator Downing's maiden speech
Local Pension Reform: Also in the realm of public service, Downing helped bring forward legislation to rescue failing local pension funds by bringing the lowest-performing funds under the umbrella of the state's pension fund.
Energy and Environment
Public service was not the Senator's sole focus in his first term. Prefacing what would be one of the major themes throughout his tenure, Downing also advanced major policies in the realm of new technologies, clean energy and reducing greenhouse emissions.
- Green Collar Jobs: a Downing amendment to a green jobs package enacted by the Legislature established Pathways out of Poverty, a new grant program for Massachusetts to develop and implement worker skills training and education in the energy efficiency and renewable energies industries.
- Air Quality on School Campuses: updated the state's idling laws prohibiting school buses, commercial and personal vehicles from idling on school property.
- Broadband Bond: a 2008 bond bill included the first round of funding for the middle mile, bringing broadband service to anchor institutions in unserved and underserved communities. Full service in these communities would be an ongoing effort throughout the Senator's career.
“The only truly sustainable economy in the 21st century is a green economy. With increasing demands for clean energy, companies are growing at a rapid pace and a skilled workforce is needed to continue that growth. This proposal knocks down barriers faced by disadvantaged populations who were shut out of past economic expansions.”
Budget FY08-09: In his first two fiscal year budget debates, Downing secured millions in funding for local cultural institutions, anti-poverty organizations, and economic development engines, including: the Berkshire Economic Development Corporation, the Berkshire County Drug Task Force, Berkshire Museum, the Adams Visitor Center, Jacob's Pillow Dance Festival, and the Northern Berkshire Community Coalition, among many others. In Fiscal 2009, Downing secured funding to help bring higher education courses from BCC and MCLA to downtown Pittsfield through the Joseph Sclesi Intermodal Center.
Home Rules: Representing the largest district in the Legislature also comes with requests from dozens of towns each year for special legislation to enact changes to their local governing documents, temporary relief from certain state laws or regulations, granting or accepting easements on state or locally-owned land, or a myriad of other issues of local importance. In his first term, Downing was the lead or second sponsor on 18 pieces of locally-focused legislation that were ultimately signed into law by the Governor.
Coffee & Conversation: In the second half of this session, Downing introduced what would be a fixture of his local outreach. Beginning in February 2008, in the town of Dalton, Downing committed to a monthly, unscripted, open forum in each small town he represented; a commitment which would eventually translate to 74 open coffee hours, meeting with hundreds of constituents in town halls, libraries, coffee shops and general stores throughout the district in the years to follow.
2009 - 2010
Ethics Reform
As the former chair of the Senate Committee on Ethics, and an appointee to the Governor's Task Force on Public Integrity, Downing took a lead role in advancing a major overhaul of the state's ethics laws. The resulting legislation, signed into law by Governor Patrick July 1, 2009, made fundamental changes to the definition of a lobbyist, enhanced restrictions on campaign finance, and established professional reporting standards for anyone who is paid to influence policy.
"The people of the Commonwealth deserve the comfort of knowing we are holding ourselves and all public servants to the highest standards possible. By passing this reform, we make it clear that as we chart these troubling waters, the decisions we make will be made with the public interest in mind and not some special interest"
Revenue
Also in 2009, Senator Downing was appointed Senate Chair of the Joint Committee on Revenue, tasked with reviewing all legislation pertaining to the state's tax policies, just as state revenues were in freefall as a result of the Great Recession. In order to gain a broader understanding of the issues and solicit feedback from citizens, Downing and his co-Chair Representative Jay Kaufman led the Committee on a listening tour across the Commonwealth.
The result of those conversations was a series of major updates to the state's tax code throughout the session including:
- Greatly improving transparency and reporting requirements for corporate tax credits
- Increasing the statewide sales tax from 5% to 6.25% to preserve essential state services in the wake of the Great Recession
- Authorizing local option meals and lodging taxes to allow municipalities a degree of autonomy in supplementing municipal budgets
- Eliminating the property tax exemption on telecommunications poles and wires
- Increasing the Senior Volunteer Property Tax Abatement to $1,000
- Extending the successful Historic Rehabilitation Tax Credit to 2017
"Yes, this is a tough vote. But I would argue we don’t come here for the easy votes. Anyone can come here for the easy votes. This is a time that we need to try and come together to find that balance."
Gateway Cities
Downing also served as a member of the six-member conference committee negotiating the first-ever economic development package specifically tailored to the state's Gateway Cities, former industrial cities that have borne the largest burden of the state's shift away from large-scale manufacturing. The bill created targeted tax credits and incentives for manufacturers and developers to create jobs and market-rate housing in these communities. Downing would later serve as Senate Chair of the Gateway Cities Legislative Caucus.
Other personal priorities of the Senator's that were signed into law this session included:
- Summer Camp CORI Checks: an issue brought to the Senator's attention by camp counselors in his district, camps were required to submit duplicate and costly CORI checks for counselors who also worked on challenge courses because of a lack of communication between two agencies within the public safety bureaucracy. Downing's legislation streamlined the process to allow a single CORI check to be sufficient to ensure the safety of children at camps.
- Buy Local Procurement Preference: allows a local governing body or state agency or authority to establish a preference for products and services offered by businesses located in-state. Signed by the Governor as part of an economic development package.
- Pathways out of Poverty: a Downing amendment to a bill reorganizing the Massachusetts Clean Energy and Technology Center permanently codified the green collar jobs grant program established in 2009.
Budget FY10-11: in addition to the tax transparency and revenue items, Downing again secured funding for local priorities during the most fiscally difficult budget sessions of the Great Recession. Successful amendments added funding for the Juvenile Resource Center, the Berkshire District Attorney's Office, the Berkshire Sheriff's Department, and a statewide increase for health care education, outreach and enrollment grants.
Local bills signed into law: 18
Coffee & Conversations
2011 - 2012
Telecommunications, Utilities and Energy
In the 2011-2012 session, Downing was appointed Senate Chair of the Joint Committee on Telecommunications, Utilities, and Energy - a post he would retain for the remainder of his time in the Senate. In his first session as Chair, Downing shepherded two major pieces of policy to the Governor's desk modernizing utilities' emergency response procedures and taking steps to address the high cost of energy.
Emergency Response: widespread outages across the state following Tropical Storm Irene and the 2011 October snowstorm exposed areas of concern and a need for updates to utility response plans. The bill, originally filed by Downing and signed into law by the Governor on August 6th, 2012 requires public utility companies to: provide three-times-daily estimates to customers about when electricity will be restored and handle inquiries from a fully-staffed call center located in Massachusetts; report outages and designate a community liaison in each community served when implementing an emergency response plan; and pay an assessment to the Department of Public Utilities to pay for storm investigations.
Energy Costs: understanding that the high cost of energy is a major drag on economic expansion, Downing set out to produce energy legislation that would drive down costs by increasing competition, rooting out cost-drivers, and more regularly reviewing electric rates. The final bill, An Act to relative to competitively priced electricity in the Commonwealth, addressed costs while moving the state closer to its carbon reduction goals under the Global Warming Solutions Act by:
- Requiring investor-owned utilities to competitively bid proposals from renewable energy suppliers for long-term contracts;
- Doubling the overall net metering cap from 3-6% and making anaerobic digestion projects eligible for net metering credits;
- Reforming the way that electric companies file rate cases and the Department of Public Utilities' review methodology thereof;
- Expanding DPU’s oversight to transactions involving a regulated company, not just Massachusetts-regulated companies;
- Allowing hydroelectric power to count toward a utility’s renewable portfolio standard requirements and the Commonwealth’s renewable and alternative energy generation goals under the Green Communities Act; and
- Establishing a voluntary energy efficiency pilot program for the five largest electric and five largest gas users in each utility’s service territory.
Outside of his chairmanship, Downing also secured passage of bills of local environmental and public health importance, and an historic statewide civil rights bill.
Protecting Lakes and Ponds: in response to the discovery of zebra mussels, an aquatic invasive species, Downing filed legislation to prevent the spread of invasive species in the state's inland waterways by establishing decontamination protocols for vessels entering public launches and empowering environmental police to enforce those protocols. It also established an aquatic nuisance program within the Department of Conservation and Recreation to work with local communities and environmental groups to respond to infestation complaints, along with establishing programs to combat problems.
Wellness in the Workplace: the Legislature enacted a major overhaul to the state's healthcare policies in 2012. One of the many provisions in that groundbreaking cost control legislation was a Downing amendment establishing a dedicated fund to promote employer-based wellness and health management programs.
Transgender Equal Rights Act: in 2011, the Legislature enacted historic civil rights legislation by protections for transgender citizens by adding the term "gender identity" to the state's non-discrimination law in matters related to employment, education, housing and credit, as well as to the Commonwealth's hate crimes law. The legislation defines "gender identity" to mean a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth. It also stipulates that gender-related identity shall not be asserted for any improper purpose. As the lead Senate sponsor of the bill, Downing took to the floor to advocate for its passage.
Budget FY12-13: Representing a district with more regional schools than any other, regional transportation reimbursements have always been an issue of great importance to Senator Downing. In addition to local spending priorities, Downing successfully lobbied for amendments to increase regional school transportation funding by more than $5 million over two years. Also in FY13, Downing spearheaded an initiative to establish a statewide system of non-judicial community mediation centers to mediate disputes, reduce burdens on the court system, and increase access to justice for low-income individuals.
Local bills signed into law: 18
Coffee & Conversations: In 2012, Downing's December C&C marked a full circuit of all of the then-48 communities in his district.
2013-2014
Transformative Development Initiative: in the 2013-2014 session, Senator Downing and Representative Antonio Cabral, co-chairs of the Gateway Cities Legislative Caucus built on the foundation of the 2010 Economic Development package with the most ambitious Gateway Cities proposal yet. A $10 million fund was established in an economic development bill specifically targeted to neighborhood-level transformative development in Gateway Cities. Qualifying communities were tasked with developing holistic revitalization plans for a specific neighborhood in the city that would create add-on investments. Grant funding would be paired with "Gateway Cities Fellows", development experts paid by MassDevelopment who would work with the City to achieve their vision. In 2014, the first round of grants and fellows were awarded. Senator Downing's hometown of Pittsfield was among the first 10 awardees.
Heart Health
Also this session, Senator Downing was able to advance two bills of particular personal significance to the Governor's desk.
- Pulse-Ox Testing for Newborns: Pulse oximetry, a non-invasive screening test, can identify infants with a congenital heart defect and newborns at risk for heart defects and allows for early detection and intervention. Downing's bill requires all newborns to receive this screening before being discharged by the hospital.
- CPR Training for Coaches: nearly 400,000 people annually suffer from sudden cardiac arrest outside of a hospital. Early administration of CPR exponentially increases the likelihood of survival. The bill filed by Downing requires all public school athletic coaches to be CPR certified, to ensure that the 200,000 students who participate in extracurricular sports are supervised by a trained first responder.
“No other award or recognition has meant as much to me as this. I accept the Heart of Our Mission Award as one of many people whose lives has been profoundly impacted by heart disease. It is an honor to play a small role in trying to prevent others from dealing with losses like those my family has been dealt.”
- Minimum Wage: throughout his tenure, poverty was a policy problem that was never far from Downing's mind. Representing four counties with poverty rates that topped the state average, an aging and shrinking population, and the scars left behind by industrial giants that long since moved on shaded many of his policy decisions. Nowhere was this more apparent than in the 2013 debate to restore the state's minimum wage.
Also in this session, Downing advanced legislation in the realm of consumer protection, public health, and further updates to the state's energy policies:
- Timeshare Sales Consumer Protection: timeshare resale and transfer companies are business that solicit timeshare owners to give up or transfer ownership of their timeshare for a fee - usually several thousand dollars - in order to relieve themselves of the maintenance fees. At the time, it was a wholly unregulated market that targeted elderly owners to pay large upfront fees to companies purporting to take over the payments for their timeshare, but instead transfer them to a shell corporation and keep the money. Along with Representative Sarah Peake, Downing advanced legislation to regulate the time share resale industry, establish rights of time share owners, and penalties for violations and deceptive practices.
- Buprenorphine Regulation: As the opioid epidemic reached new heights, a promising new drug, known commercially as Suboxone, was fast-tracked to be used in Medication Assisted Treatment (MAT) for opioid addiction. While the drug, which blocks the receptors that give heroin users a high, is used with great success in most cases for recovery, it has also been widely diverted and misused, especially in prisons. Downing's bill, signed into law as part of a larger healthcare piece, creates a licensure process for entities other than hospitals treating more than 300 patients with Suboxone and directs the Department of Public Health to promulgate treatment guidelines to provide counseling and wraparound services and deter diversion and abuse.
- Gas Leaks: Massachusetts has some of the oldest gas infrastructure in the country, with some pipeline estimated at more than 150 years old. A study in 2012 stated that of the approximately 21,000 miles of gas pipeline in Massachusetts, more than one-third was prone to leaks that are environmentally detrimental, costly to customers, and can be a public safety risk. Legislation authored by Senator Downing created a uniform natural gas leak classification standard and required the most hazardous to be repaired immediately. Second-tier leaks would have to be repaired within 12 months. It further required gas companies to report all leaks annually to the Department of Public Utilities and increased fines for noncompliance.
During the 2014 election, Downing served as the Chair of the Democratic Coordinated Campaign. On June 19th, he fired up a capacity crowd of candidates, delegates and supporters at the State Democratic Convention at Worcester's DCU Center.
Right now in Lawrence, there's a hardworking mother of two who's trying to find a job. We need to fight for her. In Pittsfield there's a father who's worried about sending his son off into the neighborhood. We need to fight for him. At UMass Lowell there are college students with ideas that could change the world. We need to fight for them... They need us to reject the tired, old ideas, and the constant refrain of "no we can't" and say once again loudly and proudly, "yes we can, yes we did, and yes we will."
Budget FY14-15: In fiscal 2014 and 2015, Downing sponsored successful amendments creating a grant program through the Board of Higher Education to fund college transition services to increase college entrance, retention and success for low-income and entry-level workers, while maintaining his commitments to local programs. In response to the abrupt closure of North Adams Regional Hospital on May 19th, 2014, Downing sponsored a slate of over $1 million in financial initiatives to assist the City of North Adams manage projected shortfalls, while preserving essential community services and promoting economic development throughout Northern Berkshire County.
Local Bills signed into law: 21
Coffee & Conversations
2015 - 2016
Combating Poverty
In the 2015 - 2016 session, Downing built on the foundation laid by the minimum wage increase to make further strides at attacking the problem of poverty head on.
Emergency Food Assistance: More than 12% of the residents of the Commonwealth are food insecure, meaning they don't know where their next meal will come from. Of that number, more than a third are children. The Massachusetts Emergency Food Assistance Program supports the local and regional food banks in the state, providing nearly 20 million fresh, nutritious meals each year. Between Fiscal years 2015 and 2018, Downing made this account his top priority and secured an additional $3.5 million in annual funding, translating to an additional 7 million meals served to those most in need.
“In the legislature, we deal with many complex and arcane issues. This is not one of them. We know this program returns dividends in the form of nearly 20 million healthy meals for needy families. As proud as I am to advocate for this program each year, I look forward to the day when we can celebrate that it is no longer necessary.”
Earned Income Tax Credit: Building on the progress of the previous session's minimum wage increase, Downing filed legislation to increase the state's match of the Federal EITC to help keep more money in the pockets of working families. The EITC, widely regarded as one of the most effective government programs at lifting families out of poverty, is a tax break for the lowest paid workers in the state. Downing's bill was adapted as an amendment to the Senate's Fiscal 2016 budget and eventually signed into law, in part, raising the state's match by 50%.
Promoting Personal Savings: one of the major barriers for low-income individuals to break into the middle class is a financial safety net to allow for unexpected expenditures without falling into the credit trap of short-term loans and high-interest credit cards. States that allow Prize-Linked Savings Accounts (PLS) experience a dramatic increase in the number of non-traditional savers - families and individuals who make less than $40,000 per year and would not otherwise have a savings account. Senator Downing championed a bill to make Massachusetts the 16th state to allow banks and credit unions to offer these innovative accounts.
Empowering Municipalities
Downing also pushed a number of proposals to allow local governments to operate more efficiently and effectively, including:
Municipal Health Market: enacted as an outside section to the FY2016 budget, the provision gives municipalities greater flexibility to shop in the health care market, and grants cities and towns access to their GIC claims history.
Local Cost Savings: also in the FY16 budget, this provision allows cities and towns to provide annual reports electronically, saving municipalities the expense of having to print hundreds of copies to comply with open meeting law.
Municipal Police Officer Exam: typically, the civil service exam for municipal police is given every 2-3 years. Applicants must be 21 years old to sit for the exam, resulting in many otherwise qualified applicants missing the cutoff by months or days, and having to wait years for their next opportunity. A Downing amendment to a municipal modernization bill allows applicants to take the test at 19, while maintaining the age for appointment at 21.
Finishing the work on Transgender Equal Rights
In order to move the bill against stiff opposition, the transgender equal rights legislation Downing filed in 2010 was stripped of a provision preventing discrimination of transgender people in public accommodations. Five years later, the Legislature finally enacted that remaining provision.
Renewable Energy
Downing was the chief architect and the Senate's lead negotiator on two major pieces of energy policy in 2016.
Solar Net Metering: increased the private and public net metering caps by 3% each and established a new net metering credit value of 60% of full retail for projects installed after the state reaches its established goal of 1600MW of solar capacity, while grandfathering existing projects at the original rate for 25 years.
Renewable Energy Procurement: Conference committee negotiations resulted in a bill that directs utilities to procure 1,600 megawatts of offshore wind and about 1,200 megawatts of clean energy generation which can be from hydropower generation, new Class I RPS eligible resources, or both. Additionally, the legislation requires the Department of Energy Resources to consider setting appropriate targets for electric distribution companies to procure cost-effective energy storage systems to be achieved by Jan. 1, 2020.
Budget FY16-17: In addition to the historic increases to MEFAP, Downing's Fiscal 2016 and 2017 budget victories included funding for Northern Berkshire employment transportation services, countywide shelter coordination through the Berkshire County Regional Housing Authority, Buy Local programs, the Berkshire County Education Task Force, and programming at MCLA's Gallery 51 and Barrington Stage Company. The FY16 budget also included a consumer protection provision to return money to ratepayers who were unwittingly hit by a massive spike in energy costs after switching to a competitive energy supplier during the Polar Vortex winter of 2015.
Local Bills Signed into Law: TBD
Coffee & Conversations
Also in 2016, Downing delivered a TEDx talk on the power of community. In it, he offered personal reflections on growing up in the Berkshires at a time of economic transition and the psychology of that place and time.
In January 2016, Downing announced that he would not seek a sixth term. He released this statement to his constituents, thanking them for the opportunity to serve.
Ten years ago when I decided to run for the State Senate I made some promises. I promised to help the people of this district every day. I promised to bring fresh energy and a new perspective to the job. I promised to make decisions with future generations, not future elections, in mind. I promised to fight to make our economy, our schools and our environment better. I promised to help bring more clean energy and high speed internet to the Berkshires. I promised to fight for the poor and struggling middle class. With your help I have been able to keep those promises. I also made a promise to myself that I would not serve more than 10 years. Today, I am keeping that promise and announcing that I will not be running for re-election as your Senator. Very few people get the chance to serve. Even fewer get to serve and leave on their own terms knowing they did the best job they could. And that is what I am doing today. I am a very lucky person. From watching my father serve the wonderful people of the Berkshires to each day I had the chance to do the same, it has been a joy, a gift and an honor...and it always will be to me. While I worked hard to keep my promises, there is always more work to be done. I will spend the rest of my time trying to get more done that will make a difference in the lives of everyone here. I will never be able to thank you enough for the chance to serve you. I have cherished every day and always will. The work to make our families, our communities and our future better will never end. I look forward to the days ahead with as much gratitude and hope as the day I started this journey with you. Thank you for everything you have done for me every day. I will never stop believing in the possibility and potential of this region. My heart will always be here. I promise.
Farewell Address