Legislative Affairs Six Beacon Street, Suite 1025 Boston, Massachusetts 02108 tel 617.523.8448 fax 617.523.4183 email beaconhill@massaudubon.org www.massaudubon.org

2011-2012 LEGISLATIVE REPORT CARD Twenty -Sixth Annual Edition

Purpose: �is Report Card is a compila-tion of the roll call votes by state legislators on environmental bills or budget items. It is not a personal evaluation of legislators. We publish only how each legislator voted on environmental issues when he or she was asked to stand up and be counted during formal debate. A legislator’s score does not represent an endorsement, or lack thereof, by Mass Audubon.

Method: To prepare this Report Card, we review all roll call votes on record at the Senate and House Clerks’ o�ces. �ese are the votes of the legislators themselves, not Mass Audubon.

Many bills are passed or rejected by “voice votes” in formal or informal sessions. In these cases, the Speaker of the House or Senate President judges a motion’s outcome based on the members’ oral responses in the chamber, or on their written or vocal communications prior to open consider-ation in the House or Senate chambers. �ese decisions are not possible to track in an even fashion, and are not recorded in the Report Card. Otherwise, when one-�fth of the legislative body requests a call of the “yeas” and “nays” in a formal session, each member’s vote is recorded on a roll call, and is printed in the legislative journal.

We evaluate those roll call votes that impact state conservation programs, budgets, policies, statutes, and regulations. A vote supporting environmental protection is given a point. Zero points are given to a vote against environmental protection, not voting, or voting as present. �e scores of individual legislators are calculated by dividing the total points a legislator earned by the maximum possible score.

Results: An individual legislator’s score may �uctuate from year to year, subject to the nature of the issues before the legisla-ture, political dynamics, or absences due to illnesses or personal commitments, among other variables. If a legislator missed one or more votes, we made allowances for illness, military service, or family emergencies. Sur-veying a legislator’s scores over the course of his/her tenure in o�ce may produce a more comprehensive view of his/her commit-ment to environmental protection.

Roll call votes are the single available objec-tive measure to evaluate legislators on their performance. �is metric does not enable us to consider other critical subjective envi-ronmental leadership qualities, including:

• A legislator’s position on an environmental item that was passed or rejected by a “voice vote” or that did not come to a vote;

• Time and energy spent by a legislator advocating for speci�c district-related environmental bills, projects, or grants;

• Quality of environmental bills filed or cosponsored by legislators; or

• A legislator’s personal philosophy, ethic, or a�liation with national, state, regional, or local environmental organizations.

In 2011-2012, the House voted on 4 envi-ronmental roll call votes (out of a total 375 roll calls). �e Senate voted on 4 environ-mental roll call votes (out of a total 453 roll calls).

�e average score in the House was 98 percent. �e average score in the Senate was 97 percent.

To download copies of past Legislative Report Cards, visit www.massaudubon.org/advocacy.

John J. ClarkeDirector of Public Policy & Government Relations

Karen HeymannLegislative Director

Christina McDermottAssistant to the Director of Public Policy & Government Relations

Since 1985, Mass Audubon has reported the environmental voting records of the Massachusetts legislature to inform citizens of their state legislators’ performance in protecting the nature of Massachusetts.

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Introduction to House and Senate Votes�e legislative process has unique terminology. Below is a glossary of terms.

Amendment: Proposal by a member of the House or Senate to change the language or provisions of a bill.

Body: Refers to either the House or the Senate.

Conference Committee: Committee of three mem-bers from each body (one senator and one representative acting as chairs) appointed by legislative leaders to resolve differences between the two bodies when there are signi�-cant differences between the two versions of a bill passed by each body.

Third Reading: Preliminary approval of a bill by a body. The Committee on Third Reading reviews the bill for technical changes, constitutionality, and to ensure that the bill does not duplicate existing law prior to the �nal vote by the legislature to approve, or engross, the bill. The bill can be amended after Third Reading and prior to engrossment.

Veto Override: A vote to overturn a governor’s veto. A two-thirds vote of the members present in both bodies is required to override a veto.

Engrossment: Passage of the �nal version of a bill for enactment.

Enactment: Final passage of a bill by the House or Senate.

Year in ReviewAlthough few environmental roll call votes were held in either chamber during the 2011-2012 session, a number of bills that Mass Audubon considered important priorities passed. We celebrated success in the House for An Act to Sustain Community Preserva-tion, expanding the reach of the Community Preservation Act to better fund improvements to open space, housing, parks, and recreational facilities for cities and towns. Two renewable energy bills were also voted into law. An Act Relative to Competitively Priced Electricity in the Common-wealth makes it easier for renewable energy projects to secure development contracts and increases the amount of power solar and wind energy owners can sell back to the grid. An Act Relative to Renewable Energy Generation on Closed Land�lls makes use of these vacant spaces by allowing clean energy projects to be developed there.

We were pleased to see several signi�cant environmental bills passed during informal sessions, when roll calls are not taken but bills agreed upon by the legislature are passed without ob-jection. �is was the case for An Act Relative to Reducing Phos-phorus Runo�, which prevents harmful algal blooms in lakes and ponds from phosphorus runo� by limiting which types of fertilizers can be used on lawns. An Act Further Regulating Dam Safety, Repair and Removal, which had been engrossed in the Senate, also ended up passing during informal sessions. Many dams in Massachusetts no longer serve their intended purpose, and their removal can improve water quality and return habitats to a more natural state.

Unfortunately it wasn’t all good news for the environment this session. For the fourteenth consecutive year, the legis-lature was unable to pass the Updated Bottle Bill. A survey conducted by MassINC showed that 77% of the public supported the bill.

We advocated strongly against An Act Relative to Land Tak-ings, a Senate-�led bill that was reported out favorably by the Joint Committee on Environment, Natural Resources and Agriculture. �e bill would have essentially repealed the Massachusetts Endangered Species Act (MESA). We worked with our legislative partners to �le a compromise bill that was reported favorably out of the House Committee on Ways and Means to instead reform how MESA is carried out. �is bill has been re-�led for the 2013-2014 session and will be among our top priorities.

HOUSE REPORT CARD SCORING METHOD

• A vote supporting environmental protection is (+), a vote against

environmental protection is (-), absent or not voting is (NV), and

present but not voting is (P).

• A (+) vote received one point, and (NV) or (P) or (-) votes

received zero points.

• An environmental vote indicates whether a Yea (Y) or a Nay (N)

is a vote for the environment.

• An asterisk (*) in a voting slot indicates that a Representative has

either left the body or has yet to join the body. If they missed two

or more votes due to this reason they do not receive a score.

• Representatives’ absences causing them to miss one or more

votes in 2011-2012 (noted by the asterisk [*] next to the score)

could have been due to one or more of the following reasons:

of�cial business outside of the chamber, previously scheduled

or unavoidable personal/family commitments, illnesses, or other

medical issues.

• Representatives that missed votes due to active military service

were not scored (noted in the double asterisk [**] in the score slot).

Although few environmental roll call

number of bills that Mass Audubon considered important priorities passed. We celebrated success in the House for An Act to Sustain Community Preserva-

, expanding the reach of the Community

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HOUSE VOTES 2011–2012

H. 3400 Fiscal Year 2012 Budget – Executive Of�ce of Energy and Environmental Affairs Amendment

No. 45 4/26/11 amendment adopted Y 151-5-3

Restores operating funds to the Executive O�ce of Energy and Environmental A�airs.

S. 2074 Renewable Energy Generation

No. 194 2/8/12 engrossment Y 154-0-4

Encourages the development of renewable energy sites on closed land�lls.

H. 4100 Fiscal Year 2013 Budget – Community Preservation Act Amendment

No. 225 4/23/12 amendment adopted Y 155-0-3

Updates the Community Preservation Act (CPA), including increasing matching funds for cities and towns and expanding allowable uses for CPA funds to better preserve open space and encourage outdoor recreation.

S. 2395 Competitively Priced Electricity

No. 348 7/30/12 conference committee Y 149-6-1 report accepted

Increases opportunities for renewable and/or e�cient energy projects through better competition for contracts. 

Date 4/26/11 2/8/12 4/23/12 7/30/12

Vote# 45 194 225 348

Yeas 151 154 155 149

Nays 5 0 0 6

No vote 3 4 3 1

Enviro. vote Y Y Y Y

Adams, P. - + + - 50%

Aguiar, K. + + + + 100%

Alicia, G. + * * * *

Andrews, D. + + + + 100%

Arciero, J. + + + + 100%

Ashe, B. + + + + 100%

Atkins, C. + + + + 100%

Atsalis, D. + + + + 100%

Ayers, B. + + + + 100%

Balser, R. + + + + 100%

Barrows, F. + + + + 100%

Basile, C. + NV + + 75%*

Bastien, R. + + + + 100%

Beaton, M. + + + + 100%

Benson, J. + + + + 100%

Binienda, J. + + + + 100%

Boldyga, N. + + + + 100%

Bradley, G. + + + + 100%

Brady, M. + + + + 100%

Brodeur, P. + + + + 100%

Brownsberger, W. + * * * *

Cabral, A. + + + + 100%

Calter, T. + + + + 100%

Campbell, L. + + + + 100%

Canavan, C. + + + + 100%

Canessa, S. + * * * *

Cantwell, J. + + + + 100%

Cariddi, G. + + + + 100%

HOUSE REPORT CARD 2011–2012

KEYBill Number Bill Title

Vote No. Date Action Environmental Vote Y-N-NV

Bill and vote description.

House votes continued >

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HOUSE REPORT CARD 2011–2012 CONTINUED

Chan, T. + + + + 100%

Coakley-Rivera, C. + NV + + 75%*

Collins, N. + + + + 100%

Conroy, T. + + + + 100%

Coppinger, E. + + + + 100%

Costello, M. + + + + 100%

Creedon, G. + + + + 100%

Curran, S. + + + + 100%

Cusack, M. + + + + 100%

DeLeo, R. + + + + 100%

deMacedo, V. + + + - 75%

D’Emilia, A. + + + + 100%

Dempsey, B. + + + + 100%

Devers, M. + + + + 100%

Diehl, G. + + + + 100%

DiNatale, S. + + + + 100%

Donato, P. + + + + 100%

Durant, P. * + + + 100%

Dwyer, J. + + + + 100%

Dykema, C. + + + + 100%

Ehrlich, L. + + + + 100%

Fallon, C. + + + + 100%

Farley-Bouvier, T. * + + + 100%

Fattman, R. + + + + 100%

Fennell, R. + + + + 100%

Ferguson, K. + + + + 100%

Fernandes, J. + + + + 100%

Ferrante, A. + + + + 100%

Finn, M. + + + + 100%

Forry, L. + + + + 100%

Fox, G. + + + + 100%

Fresolo, J. + + + + 100%

Frost, P. + + + + 100%

Galvin, W. + + + + 100%

Garballey, S. + + + + 100%

Garlick, D. + + + + 100%

Garry, C. + + + + 100%

Gifford, S. + + + + 100%

Gobi, A. + + + + 100%

Golden, T. NV + + + 75%*

Haddad, P. + NV + + 75%*

Harrington, S. + + + + 100%

Hecht, J. + + + + 100%

Henriquez, C. + + + + 100%

Hill, B. + + + + 100%

Hogan, K. + + + + 100%

Holmes, R. + + + + 100%

Honan, K. + + + + 100%

Howitt, S. + + + + 100%

Humason, D. + + + + 100%

Hunt, R. + + + + 100%

Jones, B. + + + + 100%

Kafka, L. + + + + 100%

Kane, M. + + * * *

Kaufman, J. + + + + 100%

Keenan, J. + + + + 100%

Khan, K. + + + + 100%

Kocot, P. + + + + 100%

Koczera, R. + + NV + 75%*

Kulik, S. + + + + 100%

Kuros, K. - + + + 75%

Lawn, J. * + + + 100%

Levy, S. - + + - 50%

Lewis, J. + + + + 100%

Linsky, D. + + + + 100%

Lombardo, M. - + + - 50%

Lyons, J. - + + - 50%

Madden, T. + + + + 100%

Vote # 45 194 225 348 Score 45 194 225 348 Score

Mahoney, J. + + + + 100%

Malia, E. + + + + 100%

Mariano, R. + + + + 100%

Mark, P. + + + + 100%

Markey, C. + + + + 100%

McMurtry, P. + + + + 100%

Miceli, J. + + + + 100%

Michlewitz, A. + + + + 100%

Moran, M. + + + + 100%

Murphy, C. + + + NV 75%*

Murphy, J. + + + + 100%

Murphy, K. + + + + 100%

Nangle, D. + + + + 100%

Naughton, H. + NV NV + **

Nyman, R. + + + + 100%

O’Connell, S. + + + + 100%

O’Day, J. + + + + 100%

O’Flaherty, E. + + + + 100%

Orrall, K. * + + + 100%

Parisella, J. NV + + + 75%*

Peake, S. + + + + 100%

Pedone, V. + * * * *

Peisch, A. + + + + 100%

Peterson, G. + + + + 100%

Petrolati, T. + + + + 100%

Pignatelli, S. + + + + 100%

Poirier, E. + + + + 100%

Provost, D. + + + + 100%

Puppolo, A. + + + + 100%

Reinstein, K. + + + + 100%

Rogers, J. + + + + 100%

Rosa, D. + + + + 100%

Ross, R. + + + + 100%

Rushing, B. + + + + 100%

Sanchez, J. + + + + 100%

Sannicandro, T. + + + + 100%

Scaccia, A. + + + + 100%

Schmid, P. + + + + 100%

Scibak, J. + + + + 100%

Sciortino, C. + + + + 100%

Smith, S. + + + + 100%

Smizik, F. + + + + 100%

Smola, T. + + + + 100%

Speliotis, T. + + + + 100%

Speranzo, C. + * * * *

Spiliotis, J. + + + + 100%

Stanley, H. + + + + 100%

Stanley, T. + + + + 100%

Story, E. + + + + 100%

Straus, W. + + + + 100%

Sullivan, D. + + + + 100%

Swan, B. + + + + 100%

Timilty, W. + + + + 100%

Toomey, T. + + + + 100%

Torrisi, D. + + + + 100%

Turner, C. + + + + 100%

Vallee, J. + + NV * 67%*

Vieira, D. + + + + 100%

Wagner, J. + + + + 100%

Walsh, C. + + + + 100%

Walsh, M. + + + + 100%

Walsh, S. + + + + 100%

Walz, M. + + + + 100%

Webster, D. NV + + - 50%*

Winslow, D. + + + + 100%

Wolf, A. + + + + 100%

Wong, D. + + + + 100%

AVERAGE 98%

45 194 225 348 Score 45 194 225 348 Score

SENATE REPORT CARD SCORING METHOD

• A vote supporting environmental protection is (+), a vote against environmen-

tal protection is (-), absent or not voting is (NV), and present but not voting is

(P).

• A (+) vote received one point, and (NV) or (P) or (-) votes received zero

points.

• An environmental vote indicates whether a Yea (Y) or a Nay (N) is a vote for

the environment.

• An asterisk (*) in a voting slot denotes the Senate President, Senator Therese

Murray, who does not vote unless there is a tie, or that a Senator has either left

the body or has yet to join the body. If they missed two or more votes due to

this reason they do not receive a score.

• Senators’ absences causing them to miss one or more votes in 2011-2012

(noted in the asterisk [*] next to the score) could have been due to one or

more of the following reasons: of�cial business outside of the chamber, previ-

ously scheduled or unavoidable personal/family commitments, illnesses, or other

medical issues.

• Senators that missed votes due to active military service were not scored

(noted in the double asterisk [**] in the score slot).

SENATE VOTES 2011–2012

S. 3 Fiscal Year 2012 Budget – CPA Field Rehabilitation Amendment

No. 26 5/25/11 amendment rejected N 4-34-1

Would have impeded progress for comprehensive legislation enhancing the Community Preservation Act by passing only a small portion of the bill related to recreation.

S. 1985 Dam Safety

No. 56 7/28/11 engrossment Y 37-0-2

Facilitates repair, removal, and replacement of unsafe or out-dated dams, improving public safety and wildlife habitat.

S.2074 Renewable Energy Generation

No. 126 11/16/11 engrossment Y 36-0-2

See House 154.

S. 2395 Competitively Priced Electricity

No. 278 7/30/12 conference committee Y 38-0-1 report accepted

See House 348.

KEYBill Number Bill Title

Vote No. Date Action Environmental Vote Y-N-NV

Bill and vote description.

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SENATE REPORT CARD 2011–2012

Baddour, S. + + + * 100%

Berry, F. + + + + 100%

Brewer, S. + + + + 100%

Brownsberger, W. * * * + *

Candaras, G. + + + + 100%

Chandler, H. + + + + 100%

Chang-Diaz, S. + + + + 100%

Clark, K. + + + + 100%

Creem, C. + + + + 100%

DiDomenico, S. + + + + 100%

Donnelly, K. + + + + 100%

Donoghue, E. + + + + 100%

Downing, B. + + + + 100%

Eldridge, J. + + + + 100%

Fargo, S. + + + + 100%

Finegold, B. + + + NV 75% *

Flanagan, J. + + + + 100%

Hart, J. + + + + 100%

Hedlund, R. - + + + 75%

Jehlen, P. + + + + 100%

Joyce, B. + + + + 100%

Keenan, J. + + + + 100%

Kennedy, T. + + + + 100%

Knapik, M. - + + + 75%

McGee, T. + + + + 100%

Montigny, M. + + + + 100%

Moore, M. + + + + 100%

Moore, R. + NV + + 75%*

Murray, T. * * * + *

Pacheco, M. + + + + 100%

Petruccelli, A. + + + + 100%

Rodrigues, M. + + + + 100%

Rosenberg, S. + + NV + 75%*

Ross, R. - + + + 75%

Rush, M. NV NV NV + **

Spilka, K. + + + + 100%

Tarr, B. - + + + 75%

Timilty, J. + + + + 100%

Tolman, S. + + * * 100%

Welch, J. + + + + 100%

Wolf, D. + + + + 100%

AVERAGE 97%

Vote# 26 56 126 278 Score Vote# 26 56 126 278 Score

Date 5/25/11 7/28/11 11/16/11 7/30/12

Vote# 26 56 126 278

Yeas 4 37 36 38

Nays 34 0 0 0

No vote 1 2 2 1

Enviro. vote N Y Y Y

Mass Audubon works to protect the nature of

Massachusetts for people and wildlife. Together with

more than 100,000 members, we care for 35,000 acres

of conservation land, provide school, camp, and other

educational programs for 225,000 children and adults

annually, and advocate for sound environmental poli-

cies at local, state, and federal levels. Founded in 1896

by two inspirational women who were committed to

the protection of birds, Mass Audubon has grown to

become a powerful force for conservation in New

England. Today we are respected for our sound science,

successful advocacy, and innovative approaches to con-

necting people and nature. Each year, our statewide

network of wildlife sanctuaries welcomes nearly half

a million visitors of all ages, abilities, and backgrounds

and serves as the base for our work. To support these

important efforts, call 800-AUDUBON (283-8266) or

visit www.massaudubon.org.

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