Budget Amendment ID: FY2027-S4-94

ECO 94

Pathways to Housing Production

Mr. Cyr moved that the proposed new text be amended by adding the following section:-

SECTION X. Chapter 40A of the General Laws is hereby amended by inserting after section 3B the following section:-

Section 3C. Housing production plans; zoning alignment

(a) Each municipality in the commonwealth shall, every 5 years, establish and submit to the executive office of housing and livable communities a housing production plan that sets forth the municipality’s strategy to meet its housing needs and contribute to the housing goals of the commonwealth. Said housing production plan shall indicate whether current zoning ordinances or bylaws in the municipality permit the construction or development of housing to meet the municipality’s needs under such plan; provided, that if current zoning ordinances or bylaws do not permit such housing production, the municipality’s housing production plan shall include proposed zoning changes that would permit such construction or development.

(b) The executive office shall approve or deny a municipality’s housing production plan submitted under this section within 180 days of submission; provided, that the executive office shall consider whether the housing production plan adequately permits the construction or development or housing to meet the needs of the municipality and commonwealth. A municipality must resubmit an amended housing production plan within the time frame provided by the executive office when the executive office denies a plan under this section.

(c) If the municipality’s zoning ordinances or bylaws do not permit the construction or development of housing to meet the municipality’s needs, within 2 years of receiving an approved housing production plan under this section, each municipality shall adopt or update zoning ordinances and bylaws in order to comply with the approved housing production plan.

(d) the executive office shall maintain an assessment of the current housing inventory in the commonwealth and the projected housing inventory necessary to meet statewide housing production goals. Said assessment shall include, but not be limited to: (1) an analysis of existing affordable, market-rate housing stock and, for municipalities designated as a seasonal community, attainable year-round housing; (2) an evaluation of current and projected housing demand, including population and household trends; (3) an estimate of the number and type of additional housing units by municipality needed to meet such goals; and (4) recommendations to achieve statewide housing production targets. The executive office shall update the assessment not less than once every 2 years and shall file a report of its findings and any updates not later than December 31, 2027, and biennially thereafter, with the clerks of the house of representatives and the senate, the house and senate chairs of the joint committee on housing, and the house and senate chairs of the committees on ways and means. Each report shall be made publicly available on the executive office’s website.

(e) a municipality that fails to comply with this section shall not be eligible for funds from: (i) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017; (ii) the Local Capital Projects Fund established in section 2EEEE of chapter 29; (iii) the MassWorks infrastructure program established in section 63 of chapter 23A, or (iv) the HousingWorks infrastructure program established in section 271/2 of chapter 23B.

(f) the executive office may promulgate regulations to carry out this section.