Resolve S.2715

Resolved, there shall be a special commission to study the use and effectiveness of the so-called Dover amendment, codified in section 3 of chapter 40A of the General Laws.

The commission shall consist of the secretary of housing and livable communities or a designee, who shall serve as chair; the secretary of education or a designee; the secretary of energy and environmental affairs or a designee; the senate and house chairs of the joint committee on municipalities and regional government; the senate and house chairs of the joint committee on housing; 2 members appointed by the president of the senate, 1 of whom shall have expertise in zoning in suburban communities; 1 member appointed by the senate minority leader; 2 members appointed by the speaker of the house of representatives, 1 of whom shall have expertise in zoning in rural communities; 1 member appointed by the house minority leader; 1 member appointed by the attorney general, who shall be an attorney with expertise in zoning and municipal law; and 2 members appointed by the governor, 1 of whom shall be a representative of a nonprofit school or higher education institution and 1 of whom shall be a member of a nonprofit social services agency. 

The commission shall study the impact and continued efficacy of the Dover amendment on municipalities and stakeholders, including but not limited to the impact of the education exemption on nonprofit education institutions, which shall include a review of the types of building projects sited under the protection of the Dover amendment and the case law decided on the educational exemption. The commission shall solicit public testimony, either by holding public hearings or through surveys. 

The commission shall file the results of its study together with recommendations for legislation, which shall include a proposed definition of “educational purposes”, with the clerks of the house of representatives and senate, on or before January 1, 2028. 

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