Redraft 39

Chapter 40B Review

Mr. Tarr moved that the bill be amended by inserting after section__ the following section:-

Section __. (a)The state auditor shall conduct an audit and file a report not later than Oct 15, 2013 regarding Massachusetts General Law Chapter 40B and the Comprehensive Permit Law. Said audit shall include, but not be limited to, data on the effectiveness of the statute, the number of housing units created under the statute, the number of affordable housing units created under the statute, the percent of communities that have met their affordable housing goals, the number of projects authorized under chapter 40B, the number of projects completed under chapter 40B, the accuracy of information concerning income eligibility of tenants, and a review of the integrity of the limits of developer profit and profit sharing between a developer and a municipality. Said report shall be made available on line and filed with the clerks of the house and senate.

(b) There shall be an affordable housing task force to examine the most advantageous means to create and maintain affordable housing in the commonwealth. The task force shall review current state and local laws and regulations which impact the availability of low and middle-class housing and determine if any revisions are necessary for achieving a fair and consistent policy that supports the states goal of creating housing consistent with demand, that meets the needs of communities and constituents, and that furthers environmental and economic prosperity. The task force’s review shall include, but not be limited to, chapter 40B and 40A of the general laws, and regulations and policies promulgated pursuant to said chapters, the findings and recommendations of the 2003 Chapter 40B Task Force, and the report filed pursuant to section (a). Said report shall review the efficacy of chapter 40B in creating affordable housing, the intended and actual impact of chapter 40B on municipalities, builders and those otherwise impacted by the chapter, and the process to initiate and complete projects under said chapter. The task force shall examine the affordable housing policies of alternative jurisdictions and include legislative recommendations, if any, to replace or improve upon affordable housing policies in the commonwealth.

(c) The task force shall report the results of its examination, review and evaluation on the website of the department of housing and community development and file said report with the clerks of the senate and the house of representatives not later than May 1, 2014. The commission shall hold 2 or more public hearings before issuing the report.

(d) The task force shall consist of the following members: the secretary of housing and economic development or a designee; the director of the Department of Housing and Community Development or a designee; the executive director of the Community Economic Development Assistance Corporation or a designee; 3 municipal officials appointed by the Governor from a list of names supplied by the Massachusetts Municipal Association, 1 of whom shall be from a city and one of whom shall be from a town; 2 residents of the commonwealth impacted by affordable housing policy, 1 lender experienced in the financing of affordable housing, 1 for-profit and 1 not-for-profit developer of affordable housing, 1 economist experienced in residential and commercial development, 1 representative of an organization representing the interest of labor, each appointed by the governor; a representative of the citizens housing and planning association, Inc.; and a representative of the Massachusetts associations of community development corporations. The task force shall convene not later than November 1, 2013.