SENATE DOCKET, NO. 1562        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 870

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James B. Eldridge

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to improve the housing development incentive program.

_______________

PETITION OF:

SENATE DOCKET, NO. 1562        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 870

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act to improve the housing development incentive program.

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. Section 1 of chapter 40V of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “promote”, in line 13, the following words:- "mixed income multi-unit housing".

SECTION 2. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “neighborhood”, in line 14, the following words:- "and resident."

SECTION 3. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “development,”, in lines 14 and 15, the following words:- "and benefits to lower income residents without harm from increased rents or displacement caused by HDIP projects."

SECTION 4. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “multi-unit”, in line 16, the following words:- "mixed income."

SECTION 5. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “residential”, in line 16, the following words:- "new construction or substantial".

SECTION 6. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 17, the words “and once rehabilitated,” and inserting in place thereof the following word:- "which".

SECTION 7. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 18, the words “at least” and inserting in place thereof the words:- "not more than".

SECTION 8. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the words “market rate units”, in line 18, the following words:- "and not less than 20 per cent permanently affordable units".

SECTION 9. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “for”, in line 20, the following words:- "mixed income".

SECTION 10. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 21, the following words:- "market rate".

SECTION 11. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the definition of “Substantial rehabilitation” the following two definitions:- “Mixed income development”, a development with not more than 80 per cent market rate units and not less than 20 per cent permanently affordable units.

“Permanently affordable unit”, a residential unit for: (i) renter households with incomes up to 50 per cent of HUD determined area median income and (ii) homeowners with incomes up to 80 per cent of area median income.

SECTION 12. Clause (iii) of subsection (a) of section 4 of said chapter 40V, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “zone”, in line 7, the following words:- "that is either distressed or in need of mixed income housing;".

SECTION 13. Clause (iv) of subsection (a) of said section 4 of said chapter 40V, as so appearing, is hereby amended by striking out, in line 8, the words “at least” and inserting in place thereof the following words:- "not more than".

SECTION 14. Clause (iv) of subsection (a) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the words “market rate units”, in line 8, the following words:- and not less than 20 per cent permanently affordable units.

SECTION 15. Subclause (C) of clause (ii) of subsection (b) of said section 4 of said chapter 40V, as so appearing, is hereby amended by inserting after the word ”growth”, in line 41, the following word:- and.

SECTION 16. Said subclause (C) of said clause (ii) of said subsection (b) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “neighborhood”, in line 42, the following words:- and resident.

SECTION 17. Said subclause (C) of said clause (ii) of said subsection (b) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “stabilization”, in line 42 the following words:- and benefiting lower income residents without harm from increased rents or displacement caused by the HDIP project.

SECTION 18. Clause (iii) of subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby amended by inserting after the word “the”, in line 90, the following words:- project name,.

SECTION 19. Said clause (iii) of said subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “rents”, in line 91, the following words:- or prices,.

SECTION 20. Said clause (iii) of said subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “units,”, in line 91, the following words:- number of bedrooms in each unit.

SECTION 21. Said clause (iii) of said subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by striking out , in line 93, the figure “60” and inserting in place thereof the following figure :- 50.

SECTION 22. Said clause (iii) of said subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “project,”, in line 100, the following words:- and the amount and duration of the property tax exemption.

SECTION 23. Section 5 of said chapter 40V, as so appearing, is hereby amended by inserting after the words “market rate units”, in line 4, the following words:- and permanently affordable units.

SECTION 24. Said Section 5 of said chapter 40V, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:- The department shall award credits competitively using a published HDIP credit allocation plan containing a scoring process with clear criteria developed after a public notice and comment process and shall be reviewed at least every 5 years.

SECTION 25. Clause (i) of said section 5 of said chapter 40V, as so appearing, is hereby amended by inserting after the word “for”, in line 8 the following words:- HDIP mixed income.

SECTION 26. Clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby amended by inserting after the word “will”, in line 11, the following words:- increase the supply of and.

SECTION 27. Said clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “encourage”, in line 11, the following words:- mixed income multi-unit.

SECTION 28. Said clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 11, the words “expansion of” and inserting in place thereof the following word:- expand.

SECTION 29. Said clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “neighborhood”, in line 12, the following words:- and resident.

SECTION 30. Said clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 12, the word “and”.

SECTION 31. Said clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “and”, in line 13, the following words:- directly benefit lower-income residents without harm from increased rents or displacement caused by the HDIP project.

SECTION 32. Clause (iii) of said section 5 of said chapter 40V, as so appearing, is hereby amended by inserting after the words “market rate units”, in line 14 the following words:- and permanently affordable units.

SECTION 33. Said section 5 of said chapter 40V, as so appearing, is hereby amended by adding the following subsections:- (iv), the inclusion of a range of bedroom sizes including those suitable for families with children and (v), the size of the credit needed for the project to be financially feasible.

SECTION 34. Paragraph (1) of subsection (q) of section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after the word “units”, in line 846, the following words:- and permanently affordable units.

SECTION 35. Subdivision (1) of section 38BB of chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after the word “units”, in line 7 the following words:- and permanently affordable units.