SECTION 1.  It is hereby recognized that, due to fiscal circumstances beyond the control of municipalities and developers of affordable housing, it can be difficult to build affordable housing projects even after such projects have been locally approved.

SECTION 2. It is hereby further recognized that there are municipalities who have approved low and moderate income housing that would provide low or moderate income housing of 10 per cent or greater of the total housing units reported in the latest federal decennial census for purposes of section 20 of chapter 40B of the General Laws; however, not all of the low and moderate income housing projects that have been approved and are still eligible to be constructed have been constructed.

SECTION 3.  It is hereby further recognized that low and moderate income housing projects that have been approved and are still eligible to be constructed should be included in the calculation of whether a municipality has low or moderate income housing of 10 per cent or greater of the total housing units reported in the latest federal decennial census for purposes of section 20 of chapter 40B of the General Laws and, so, shall be reflected in the list known as the subsidized housing inventory (“SHI”) maintained by the department of housing and community development. 

SECTION 4.  The fourth paragraph of section 20 of chapter 40B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 32 through 36, clause (1) and inserting in place thereof the following clause:

(1) low or moderate income housing exists which is in excess of 10 per cent of the housing units reported in the latest federal decennial census of the city or town or on sites comprising 1 and 1/2 per cent or more of the total land area zoned for residential, commercial or industrial use or, in the alternative, low or moderate income housing has been locally approved which is in excess of 10 per cent of the housing units reported in the latest federal decennial census of the city or town or on sites comprising 1 and 1/2 per cent or more of the total land area zoned for residential, commercial or industrial use, provided, however, such notice of approval has been filed with the city or town clerk and has not yet expired.

SECTION 5.  This act shall be applicable to all low or moderate income housing approved under chapter 40B and no comprehensive permit as originally issued or as later modified shall be in existence or extended for more than 10 years from the date the original permit was filed with the city or town clerk’s office or the date upon which the permit took final effect upon termination of litigation affirming the original permit, whichever date occurs later in time.

SECTION 6.  This act shall expire, without any further action of the General Court 7 years from the date of approval, unless sooner renewed; provided, however, that any low or moderate income housing appearing on the above-referenced SHI when this act expires shall continue to be governed by the provisions of this act until expiration of local approval.

SECTION 7.  This act shall take effect 120 days after its passage.