Amendment #1085 to H4400

Establishing a Commission on Crumbling Concrete Foundations

Representatives Ashe of Longmeadow and Smola of Warren move to amend the bill by adding the following section:

Section XXXX.  Notwithstanding any general or special laws to the contrary, (a) There shall be established  a commission called the crumbling concrete foundations study commission, hereinafter referred to as the commission, for the purpose of identifying the financial and economic impacts of crumbling concrete foundations, which have deteriorated due to the presence of pyrrhotite, in the commonwealth.

(b) The commission shall be made up of 14 members: 2 members of the senate, 1 of whom shall be selected by the senate president and 1 of whom shall be selected by the minority leader of the senate; 2 members of the house of representatives, 1 of whom shall be selected by the speaker of the house of representatives and 1 of whom shall be selected by the minority leader of the house of representatives; the attorney general or a designee; the secretary of the executive office of public safety and security or a designee; the commissioner of the division of insurance or a designee; 1 member from the Massachusetts Municipal Association; 1 member from the Massachusetts Concrete and Aggregate Producers Association; 1 member from the Massachusetts Insurance Federation; 1 member from the Massachusetts Association of Realtors; 1 member from the Real Estate Bar Association; and 2 members from municipalities where crumbling concrete foundations that have deteriorated due to the presence of pyrrhotite having been found.

(c) The commission shall meet at least four times and shall conduct a separate public hearing in any region where there are concrete foundations have deteriorated due to the presence of pyrrhotite.

(d) The commission’s study shall include, but not be limited to: (i) the degree to which crumbling concrete foundations that have deteriorated due to the presence of pyrrhotite are occurring in the commonwealth by identifying the affected locations within the commonwealth and the overall estimated cost to fully restore the damaged foundations; (ii) the fiscal impact on property values affected; (iii) the subsequent fiscal impact on property tax revenues affected; (iv) the impact on the real estate industry; (v) the potential causes of the crumbling foundations that have the presence of pyrrhotite; (vi) best practices undertaken in other states to deal with crumbling foundations that have deteriorated due to the presence of pyrrhotite; (vii) potential remedies for residential homeowners affected by crumbling foundations that have deteriorated due to the presence of pyrrhotite; and (viii) the extent to which this issue is governed by MGL chapter 93A.

The commission shall report its findings and recommendations along with any necessary or recommended legislation filed with the joint committee on consumer protection and professional licensure and the house and senate committees on ways and means not later February 1, 2019.

Additional co-sponsor(s) added to Amendment #1085 to H4400

Establishing a Commission on Crumbling Concrete Foundations