HOUSE  .  .   .   .   .   .   .  No. 4368

The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, February 5, 2020.                         

The committee on Ways and Means, to whom was referred the Bill relative to certain affordable housing in the city of Chelsea (House, No. 3979), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4368).

For the committee,

AARON MICHLEWITZ.

        FILED ON: 2/4/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4368

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to certain affordable housing in the city of Chelsea.

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. Construction and development activity related to redevelopment by the Chelsea Housing Authority of the state-funded Innes apartments public housing project at Central avenue, Watts and Willow streets in the city of Chelsea, or any part thereof, shall not be subject to any general or special law related to the procurement and award of contracts for the planning, design, construction management, construction, reconstruction, installation, demolition, maintenance or repair of buildings by a public agency; provided, however, that construction, reconstruction, installation, demolition, maintenance or repair activities by such entity shall be subject to sections 26 to 27H, inclusive, of chapter 149 of the Generals Laws. Contracts for the construction, reconstruction, alteration, remodeling or repair of any publicly-owned public works that service this project and that would otherwise be subject to section 39M of chapter 30 of the General Laws shall be subject to said section 39M of said chapter 30 if the redevelopment of the project is funded, in part, by a state or federal low-income housing tax credit, grant, or loan, or pursuant to the issuance of tax-exempt bonds authorized by law. The redevelopment of the project may be conducted through 1 or more phases through 1 or more entities. All phases taken together shall preserve or construct public housing units equal in number to the public housing units located at Innes apartments on the effective date of this act. Each individual phase shall include such portion of the total public housing units as required by the Chelsea Housing Authority and the department of housing and community development. Any conveyance of the project or any phase thereof, whether by leasehold or fee estate, shall be subject to chapter 30B of the General Laws to the extent that the project or any phase thereof is conveyed to an entity that is not owned, controlled or managed by the Chelsea Housing Authority on the date of the conveyance. Subject to compliance with the requirements of chapter 30B, the project or any phase thereof may be conveyed to and may be owned, maintained and operated by an entity that is not owned, controlled or managed by the Chelsea Housing Authority; provided, however, that such entity enters into a binding legal contract and land use restriction with the Chelsea Housing Authority and with the department of housing and community development that requires such entity to preserve or construct the required portion of public housing units for that phase and operate such units subject to compliance with chapter 121B of the General Laws and 760 CMR §§ 4.00 et seq., 5.00 et seq. and 6.00 et seq. in the same manner and to the same effect as if such entity were a housing authority, subject to such regulatory waivers given by the department of housing and community development as may be necessary to secure financing.

SECTION 2. This act shall take effect upon its passage.