SENATE DOCKET, NO. 1841        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 885

The Commonwealth of Massachusetts

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PRESENTED BY:

Jason M. Lewis, (BY REQUEST)

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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 for Chapter 40B reform and improvement.

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PETITION OF:

SENATE DOCKET, NO. 1841        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 885

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 896 OF 2021-2022.]

The Commonwealth of Massachusetts

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

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An Act for Chapter 40B reform and improvement.

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

SECTION I. The Massachusetts General Laws are hereby amended by inserting the

following new chapter:

Chapter 40B Reform And Improvement (Providing for Important Environmental Impact Review, by local municipal bodies, and other appropriate adjustments).

SECTION II – PURPOSE

Chapter 40B provisions of the Massachusetts General Laws, have proven to be

controversial, and needing adjustments, and reform. This legislation is designed to provide such

appropriate reforms, and needed adjustments, while recognizing that various public policy concerns, including affordable housing needs remain, and need to be provided for.

SECTION III – REQUIRED ENVIRONMENTAL REVIEW – AND STANDARDS

1.) All projects qualifying under Chapter 40B provisions, must still be reviewed, and

qualified by local municipal authorities, in regards to environmental impact, and Environmental

Impact Review reporting (EIR). No Chapter 40B project, may be exempted from environmental

review, and approval by the local municipality, in which it would be created, and constructed.

2.) All Chapter 40B projects, must conform to any conservation land, wetland, and

watershed protections; and approval of such projects, must include review by municipal

conservation commissions.

3.) Other relevant government bodies, including regional commissions, and housing

authorities, shall review any such projects.

4.) Comprehensive state planning, and coordination, must be referenced in terms of these

projects; including issues of neighborhood, and community-friendly developers; high-quality

lasting construction standards; and relevant modest, to medium intensity, regional transit options.