HOUSE DOCKET, NO. 2258        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2800

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Amending the Historical Rehabilitation Tax Credit..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Subsection (a) of section 6J of Chapter 62 the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the definition of “Certified rehabilitation” the following definition:-

“Gateway municipality”, any city or town that according to the United States census has: i) a population greater than 35,000 persons; ii) a median household income below the state average; iii) a per capita income below the state’s average; and iv) an educational attainment rate of a city or town below the state’s average with a minimum attainment of a bachelor’s degree or higher.

SECTION 2.  Paragraph (1) of subsection (b)of said section 6J of chapter 62 of the General Laws, as so appearing, is hereby amended by striking subparagraph (i) and inserting in place thereof  following subparagraph:

The commissioner, in consultation with the Massachusetts historical commission, shall authorize annually, January 1, 2010 under this section together with section 38R of chapter 63, an amount not to exceed $100,000,000.  Said amount shall increase to an amount not to exceed $150,000,000 calendar year 2011; an amount not to exceed $200,000,000 in calendar year 2012; and continue indefinitely at an amount not to exceed $200,000,000.  The Massachusetts historical commission shall determine the criteria for eligibility for the credit, the criteria to be set forth in regulations promulgated under this section; but, at least 25 per cent of the tax credits shall be allowed to projects that contain affordable housing whenever possible and consistent with the criteria.  Further, at least 50 per cent of the tax credits shall be allowed to projects in gateway municipalities.

SECTION 3.  Subsection (a) of section 38R of Chapter 63 the General Laws, as so appearing, is hereby amended by inserting after the definition of “Certified rehabilitation” the following definition:-

“Gateway municipality”, any city or town that according to the United States census has: i) a population greater than 35,000 persons; ii) a median household income below the state average; iii) a per capita income below the state’s average; and iv) an educational attainment rate of a city or town below the state’s average with a minimum attainment of a bachelor’s degree or higher.

SECTION 4. Paragraph (1) of subsection (b) of Section 38R of chapter 63 of the General Laws, as so appearing, is hereby amended by striking subparagraph (i) and inserting the following subparagraph:

The commissioner, in consultation with the Massachusetts historical commission, shall authorize annually, beginning January 1, 2010 under this section together with section 6J of chapter 62, an amount not to exceed $100,000,000.  Said amount shall increase to an amount not to exceed $150,000,000 in calendar year2011 and an amount not to exceed $200,000,000 in calendar year 2012; and continue indefinitely at an amount not to exceed $200,000,000.  The Massachusetts historical commission shall determine the criteria for eligibility for the credit, the criteria to be set forth in regulations promulgated under this section; but, at least 25 per cent of the tax credits shall be allowed to projects that contain affordable housing whenever possible and consistent with the criteria.  Further, at least 50 per cent of the tax credits shall be allowed to projects in gateway municipalities.

SECTION 5.  This act shall take effect on January 1, 2010.