Amendment ID: S3050-264

Amendment 264

Reducing Barriers to Promote Housing Production for Priority Housing Projects

Messrs. Finegold and Cyr move that the proposed new draft be amended by inserting after Section 43, the following section:-

SECTION 43A. Section 31 of said chapter 111 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting, in line 21, after the word “requirements” the following words:- No regulation or amendment thereto which exceeds the minimum requirements for subsurface disposal of sanitary sewage as provided by the state environmental code shall apply to a priority housing project, as defined by the secretary of energy and environmental affairs.;

by inserting, in line 1935, after the word “thereon” the following words:-

provided, however, that for a priority housing project, as defined by the secretary of energy and environmental affairs, in consultation with the secretary of housing and livable communities, this section shall be applicable to any land or work thereon only if the conditions contained herein are met, notwithstanding any local rule, regulation, ordinance or by-law which would otherwise render the priority housing project subject to this section.;

by inserting, in line 1981, after the word “therewith” the following words:-

provided, however for a priority housing project, as defined by the secretary of energy and environmental affairs, in consultation with the secretary of housing and livable communities, such conservation commission, board of selectmen or mayor shall not impose such conditions based solely on any local rule, regulation, ordinance or by-law identified as more restrictive than the provisions of this section pursuant to section 8C of chapter 40, unless such condition also adheres to the provisions of this section or regulations promulgated by the department of environmental protection hereunder.; and

by inserting after Section 78, the following section:-

SECTION 78A. Notwithstanding any general or special law to the contrary, the commissioner of the department of environmental protection shall, not later than January 1, 2028, review and update as prudent state regulations relating to the subsurface disposal of sanitary sewage pursuant to chapter 21A section 13 of the General Laws and to wetland resource areas pursuant to chapter 131 section 40 of the General Laws. The commissioner shall, in reviewing and amending as necessary such regulations, give consideration to local conditions including but not limited to soil type, depth to groundwater, proximity to wetland resource areas and density of existing development, and may establish regional or site-specific standards where local conditions so require.

SECTION X. Section 43A shall take effect January 1, 2028.