AN ACT TO CREATE THE EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES AND TO RENAME THE EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Whereas, the Commonwealth is in the midst of a housing crisis that in which residents find it increasingly difficult to access affordable housing, which also makes it more challenging to attract and retain businesses and limits our collective economic growth and prosperity;
Whereas, addressing the housing crisis will require significant public investment in affordable housing and housing-related infrastructure, innovative policies to encourage the production of more market-rate, workforce, affordable, and specialized housing, and the revitalization and creation of neighborhoods where people live, work and play;
Whereas, achieving these common objectives will be advanced by the creation of a cabinet-level executive office focused on the production of housing and support for livable communities;
Now therefore,
Be it approved by the Senate and House of Representatives in General Court assembled, pursuant to Article LXXXVII of the Amendments to the Constitution, and by the authority of the same, as follows:
SECTION 1. Section 62 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 4 and 5, the words: “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 2. Said section 62 of said chapter 3, as so appearing, is hereby further amended by striking out, in lines 5, 16, 20, and 28, each time it appears, the word: “director” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 3. Section 71 of said chapter 3, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words: “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 4. Section 17A of chapter 6 of the General Laws, as amended by section 2 of chapter 144 of the acts of 2022, is hereby further amended by striking out, in lines 4 and 5, the words “secretary housing and economic development” and inserting in place thereof the following words:- secretary of economic development, secretary of housing and livable communities,.
SECTION 5. Section 105 of said chapter 6 , as amended by section 5 of said chapter 144 of the acts of 2022, is hereby further amended by striking out, in lines 3 and 4, the words “director of housing and community development, the director of consumer affairs and business regulation, the director of economic development” and inserting in place thereof the following words:- secretary of economic development, the director of consumer affairs and business regulation, the secretary of housing and livable communities.
SECTION 6. Section 108 of said chapter 6 of the General Laws, as appearing in the 2020 Official edition, is hereby amended by striking out, in lines 8 and 9 and lines 27 and 28, each time they appear, the words “director of housing and community development” and inserting in place thereof, in each instance, the following words:- secretary of the executive office of housing and livable communities.
SECTION 7. Said section 108 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 13 and 14, and line 19, each time that they appear, the words: “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 8. Section 189 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 9. Section 202 of said chapter 6, as so appearing, is hereby amended by striking out, in line 5, the words “housing and economic development” and inserting in place thereof the following words:- housing and livable communities.
SECTION 10. Section 204 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “director of economic development or his designee” and inserting in place thereof the following words:- secretary of economic development or the secretary’s designee.
SECTION 11. Section 208 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words “director of the department of housing and community development” and inserting in place thereof the following words:- secretary of the executive office of housing and livable communities.
SECTION 12. Section 216 of said chapter 6, as so appearing, is hereby amended by striking out, in line 13, the words “housing and”.
SECTION 13. Section 218 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 5 and 44, each time they appear, the words “housing and”.
SECTION 14. Section 2 of chapter 6A of the General Laws, as amended by section 7 of chapter 144 of the acts of 2022, is hereby further amended by striking out, in line 4, the words “housing and economic development” and inserting in place thereof the following words:- economic development, housing and livable communities.
SECTION 15. Subsection (a) of section 16G of said chapter 6A of the General Laws as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- In the executive office of economic development, there shall be the Massachusetts office of business development, the Massachusetts office of consumer affairs and business regulation, the Massachusetts marketing partnership and the agencies within the said partnership, and such additional divisions, offices or departments as the secretary shall establish for the efficient operation of the executive office.
SECTION 16. Said section 16G of said chapter 6A, as so appearing, is hereby further amended by striking out subsections (b) to (g), inclusive, and inserting in place thereof the following 2 subsections:-
(b) The following divisions and agencies shall be within the department of consumer affairs and business regulation: the division of banks, the division of insurance, the division of standards, the division of occupational licensure, and the department of telecommunications and cable.
(c) The secretary of economic development shall be appointed by the governor and shall be a person of skill and experience in the field of economic development. The secretary shall serve at the pleasure of the governor, shall receive such salary as the governor shall determine and shall devote full time to the duties of the office. In the case of a vacancy in the office of the secretary or in the case of a disability, as determined by the governor, or in his absence, the governor may designate an acting secretary to serve until the vacancy is filled or the absence or disability, as determined by the governor, ceases. The acting secretary shall have all the powers and duties of the secretary and shall have like qualifications.
SECTION 17. Said section 16G of said chapter 6A, as so appearing, is hereby further amended by striking out subsection (k) and inserting in place thereof the following subsection:-
(k) The secretary shall, subject to appropriation, establish in the executive office an office of planning and research to compile data, conduct analyses and perform other planning and research as the secretary shall deem appropriate to assist workers and businesses and to assist departments within the executive office in carrying out their missions. The office shall prepare and periodically update a statistical and economic profile of the state and its regions. A copy of said data book shall be made available on a website maintained by the executive office. The secretary may accept gifts or grants of money or property, whether real or personal, from any source, public or private, including, but not limited to, the United States of America or its agencies, for the purpose of assisting the office in the discharge of its duties. Nothing in this section shall confer any powers or impose any duties upon the secretary with respect to the foregoing agencies except as expressly provided by law.
SECTION 18. Subsection (l) of said section 16G of said chapter 6A, as so appearing, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:-
During the first year of each new gubernatorial administration, the governor shall convene an economic development planning council consisting of no fewer than 13 members: 1 of whom shall be the secretary of economic development, who shall serve as chair; 1 of whom shall be the secretary of housing and livable communities; 1 of whom shall be the secretary of administration and finance; 1 of whom shall be the secretary of labor and workforce development; 1 of whom shall be the secretary of energy and environmental affairs; 1 of whom shall be the secretary of transportation; 1 of whom shall be appointed by speaker of the house of representatives; 1 of whom shall be appointed by the president of the senate; and 5 of whom shall be appointed by the governor: 1 of whom shall be the president of the University of Massachusetts or a president from a community college, 1 of whom shall be a representative from Associated Industries of Massachusetts, 1 of whom shall be a representative from the Massachusetts municipal association, 1 of whom shall be a representative from a chamber of commerce, and 1 of whom shall be from a venture capital firm with a principal place of business in the commonwealth.
SECTION 19. Said subsection (l) of said section 16G of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 149, the words “housing and”.
SECTION 20. Said section 16G of said chapter 6A, as so appearing, is hereby further amended by striking out, in lines 177 to 233, inclusive, subsection (m).
SECTION 21. Said section 16G of said chapter 6A, as so appearing, is hereby further amended by striking out, in lines 234, 237, and 246, each time they appear, the words “housing and”.
SECTION 22. Said chapter 6A of the General Laws, as so appearing, is hereby further amended by inserting after section 16G, the following section:-
16G ½. (a) There shall be an executive office of housing and livable communities, which shall be under the supervision and control of a secretary for housing and livable communities. The secretary shall be appointed by the governor, as provided pursuant to section 3. The secretary shall be the executive and administrative head of the executive office, shall otherwise have all of the powers and duties provided by sections 3 to 7, inclusive, and shall be responsible for administering and enforcing the provisions of law relative to the executive office and to each administrative unit thereof, except as provided in subsection (c); provided, however, that the secretary may authorize any officer within the executive office to exercise in the secretary’s name any power or discharge any duty assigned to the secretary by law, and may at any time revoke such authority.
(b) The secretary may establish such bureaus, divisions, and offices within the executive office as are necessary for its efficient operation. Such divisions shall be under the charge of an undersecretary or department head who shall be appointed and may be removed by the secretary and who shall be subject to the direction, control and supervision of the secretary or an undersecretary as determined by the secretary. Each undersecretary or department head shall be a person of skill and experience in the field of their appointment, shall devote full time to the duties of the office. Appointments as undersecretary or department head shall not be subject to the provisions of section 9A of chapter 30 or chapter 31. In accordance with the provisions of chapter 30A, the secretary may promulgate regulations with respect to the divisions under the secretariat’s control.
(c) There shall also be within the executive office the Massachusetts Housing Finance Agency, the Massachusetts Housing Partnership, the Community Economic Development Assistance Corporation, the manufactured homes commission, the commission of Indian affairs, and the American and Canadian French Cultural Exchange Commission. The executive office shall provide general policy guidance for these public instrumentalities, but shall not exercise any supervision or control with respect to such instrumentalities, except to the extent otherwise provided by law.
SECTION 23. Section 16I of said chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be an Economic Development Trust Fund to be administered by the secretary of economic development.
SECTION 24. Said section 16I of said chapter 6A, as so appearing, is hereby further amended by striking out, in lines 21 and 29, each time they appear, the words “housing and”.
SECTION 25. Section 16AA of said chapter 6A, as so appearing, is hereby amended by striking out, in line 22, the words “housing and economic development” and inserting in place thereof the following words:- housing and livable communities.
SECTION 26. Section 18AA of said chapter 6A, as added by section 1 of chapter 174 of the acts of 2022, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
Notwithstanding any general or special law to the contrary, the executive office of health and human services and the executive office of housing and livable communities, in coordination with the division of medical assistance, the department of transitional assistance, the department of early education and care, and the executive office of education, shall develop and implement a secure common application portal for individuals to simultaneously apply for state-administered needs-based benefits and services.
SECTION 27. Section 11 of chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 23, the words “and the executive office of housing and economic development” and inserting in place thereof the following words:- the executive office of economic development, and the executive office of housing and livable communities.
SECTION 28. Section 4R of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in lines 18 and 19, the words “undersecretary of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 29. Said chapter 7 of the General Laws, as so appearing, is hereby further amended by inserting, after section 4R, the following section:-
Section 4S. (a) There shall be within the executive office for administration and finance an infrastructure cost council consisting of at least the following 13 members: the secretary of administration and finance who shall serve as chair; the secretary of economic development; the secretary of energy and environmental affairs; the secretary of housing and livable communities; the secretary of transportation; the house and senate chairs of the joint committee on state administration and regulatory oversight; 1 person to be appointed by the attorney general; and 5 people to be appointed by the governor, 1 of whom shall be selected from a list of 3 people provided by the Massachusetts Association of Regional Planning Agencies, 1 of whom shall be a representative from the Associated Industries of Massachusetts, 1 of whom shall be a representative of a telecommunications company doing business in the commonwealth, 1 of whom shall be a representative from the Massachusetts Municipal Association and 1 of whom shall be a representative of a regulated utility operating in a service area within the commonwealth. The governor may also appoint additional members of regional and local economic development groups and members of the business community to serve on the council. Members of the council shall serve for a term of 1 year or until a set of infrastructure cost projections has been approved by the governor under this section.
The secretary of administration and finance, with the assistance of the infrastructure cost council appointed under this section, shall develop consensus demographic projections for the commonwealth, including distinct projections for the various regions of the commonwealth. These projections shall be used as the basis for developing infrastructure cost projections for the commonwealth, for both publicly-owned and privately-owned infrastructure, for a period identified by the council of not less than 10 years. As used in this section, the term "infrastructure'' shall mean surface transportation infrastructure and the infrastructure necessary to deliver water and wastewater services, telecommunications services, gas, oil and electricity.
The office of performance, accountability and transparency established in section 4A shall provide staff support for the study required by this section. Every regional planning agency formed under chapter 40B shall provide its current set of demographic projections used for regional planning. Any metropolitan planning organization that uses a set of demographic projections that is different from those of its regional planning agency shall also provide its current set of demographic projections. All regulated utilities shall provide necessary information required by the council. The council may take precautions to ensure the confidentiality of any competitively-sensitive information submitted.
In developing its consensus demographic projections, the council shall compare, contrast and reconcile all of the demographic projections and other information it receives. It shall strive to reconcile differences among those projections so that the consensus demographic projections for the commonwealth are based on a common and consistent set of assumptions.
Each council shall conduct at least 1 public hearing. The secretary shall file a report with the clerks of the senate and house of representatives and with the chairs of the house and senate committees on bonding, capital expenditures and state assets within 12 months of the appointment of each council. The report shall also be published on the website of the commonwealth.
SECTION 30. Section 61 of said chapter 7, as so appearing, is hereby amended by striking out, in line 78, the words “housing and”
SECTION 31. Section 4 of chapter 7C of the General Laws, as so appearing, is hereby amended by striking out, in lines 20 to 22, inclusive, the words “department of housing and community development as defined by section 1 of chapter 121B” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 32. Said section 4 of said chapter 7C, as so appearing, is hereby further amended by striking out, in lines 24 to 28, inclusive, the words “department and operating agencies, as each is defined by section 1 of chapter 121B, and review of and recommendation as to the standards and guidelines for, direction, control, and supervision of their building projects. The department and operating agencies” and inserting in place thereof the following words:- executive office and the operating agencies defined by section 1 of chapter 121B, and review of and recommendation as to the standards and guidelines for, direction, control, and supervision of their building projects. The executive office and operating agencies.
SECTION 33. Section 26 of said chapter 7C, as so appearing, is hereby amended by striking out, in line 6, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 34. Section 40 of said chapter 7C, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 35. Said section 40 of said chapter 7C, as so appearing, is hereby further amended by striking out, in line 11, the words “said director” and inserting in place thereof the following words:- said secretary.
SECTION 36. Section 64 of said chapter 7C, as so appearing, is hereby amended by striking out, in lines 23 and 24, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 37. Section 26 of chapter 9 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “commissioner of environmental management; the commissioner of commerce” and inserting in place thereof the following words:- commissioner of conservation and recreation; the secretary of economic development.
SECTION 38. Said section 26 of said chapter 9, as so appearing, is hereby further amended by striking out, in lines 25 and 26, the words: “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 39. Section 35AA of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4, 8 and 9, each time that they appear, the words: “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 40. Section 35QQ of said chapter 10, as so appearing, is hereby amended by striking out, in line 32, the words “housing and”.
SECTION 41. The first sentence of subsection (a) of section 35SSS of said chapter 10, as inserted by section 4 of chapter 102 of the acts of 2021, is hereby amended by striking out the words “housing and”.
SECTION 42. Section 77 of said chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “housing and”.
SECTION 43. The first paragraph of section 9 of chapter 15A of the General Laws, as amended by section 2 of chapter 154 of the acts of 2022, is hereby further amended by striking out, in line 36, the words “housing and”.
SECTION 44. Section 4 of chapter 15C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 16 and 17, the words “director of economic development ex officio and commissioner of administration ex officio” and inserting in place thereof the following words:- secretary of economic development and the secretary of administration and finance.
SECTION 45. Section 1 of chapter 18C of the General Laws, as so appearing, is hereby amended by striking out, in line 19, the words “economic development” and inserting in place thereof the following words:- “livable communities”.
SECTION 46. Section 11 of chapter 19A of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 47. Section 16 of chapter 19D of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 48. Section 17 of said chapter 19D, as so appearing, is hereby amended by striking out, in line 7, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 49. Section 6C of chapter 20 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the words “housing and”
SECTION 50. Section 24 of said chapter 20, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 51. Section 8A of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 52. Section 27 of said chapter 21A, as so appearing, is hereby amended by striking out, in lines 8 and 9 and line 20, each time they appear, the words “housing and economic development” and inserting in place thereof, in each instance, the following words:- economic development, the secretary of housing and livable communities,.
SECTION 53. Said section 27 of said chapter 21A, as so appearing, is hereby further amended by striking out, in line 20, the words “housing and economic development,” and inserting in place thereof the following words:- economic development and the secretary of housing and livable communities,
SECTION 54. Section 11 of chapter 21D of the General Laws, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 55. Section 3A of chapter 21E of the General Laws, as so appearing, is hereby amended by inserting, after the word “subsection” in line 339, the following words:- , and shall consult with the department of environmental protection and the executive office of economic development on any subsequent amendments to said regulations.
SECTION 56. Section 19 of said chapter 21E, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “departments of housing and community development, environmental protection, economic development,” and inserting in place thereof the following words:- executive office of economic development, executive office of housing and livable communities, the departments of environmental protection and.
SECTION 57. Said section 19 of said chapter 21E, as so appearing, is hereby further amended by striking out, in lines 22 and 23, the words “departments of economic development, housing and community development, and environmental protection,” and inserting in place thereof the following words:- executive office of economic development, executive office of housing and livable communities, the department of environmental protection.
SECTION 58. Section 6 of said chapter 21I of the General Laws, as so appearing, is hereby further amended by striking out, in line 87, the word “director” and inserting in place thereof the following word:- secretary.
SECTION 59. Section 3A of chapter 21N of the General Laws, as inserted by section 9 of chapter 8 of the acts of 2021, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
The secretary shall, in consultation with the secretary of economic development, the secretary of housing and livable communities, and the secretary of transportation, adopt sector-based statewide greenhouse gas emissions sublimits as components of each statewide greenhouse gas emissions limit adopted pursuant to subsection (b) of section 3 for the sectors of electric power, transportation, commercial and industrial heating and cooling, residential heating and cooling, industrial processes, and natural gas distribution and service.
SECTION 60. Section 13A of chapter 22 of the General Laws, as amended by section 20 of chapter 39 of the acts of 2021, is hereby amended by striking out, in line 6, the words “housing and”.
SECTION 61. Section 22 of said chapter 22 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 51, the words “housing and”.
SECTION 62. Chapter 23A of the General Laws, as so appearing, is hereby amended by striking out section 1 and inserting in place thereof the following section:-
Section 1. (a) Within the executive office of economic development there shall be a Massachusetts office of business development, in this chapter referred to as MOBD, which shall be under the control of the secretary of economic development. The secretary shall, with the approval of the governor, appoint a director of the Massachusetts office of business development. The director shall be appointed for a term conterminous with the governor's and shall not be subject to chapter 31 or section 9A of chapter 30. Upon expiration of the term of office of the director or in the event of a vacancy, a successor shall be appointed in the same manner. The director shall be devoted full time during business hours to the duties of the office. The director shall be the executive and administrative head of MOBD. The director shall receive such salary as the governor shall determine; provided, however, that such salary shall be equivalent to the salary received by the director of labor and workforce development or the director of consumer affairs and business regulation.
(b) MOBD may make discretionary and nondiscretionary grants to persons or public or private nonprofit entities for projects and programs which further implement the mission of the department and its agencies and which benefit the general public; provided, however, that the department shall annually make a report to the secretary of administration and finance and the house and the senate committees on ways and means on the use of such funds; and provided further, that any such grant shall be used in accordance with regulations promulgated pursuant to section 15 of chapter 7A.
SECTION 63. Section 2 of said chapter 23A, as so appearing, is hereby amended by striking out subsection (h).
SECTION 64. Said chapter 23A, as so appearing, is hereby further amended by striking out section 3 and inserting in place thereof the following section:-
Section 3. (a) MOBD shall contain such divisions, offices and programs as the director shall determine are necessary to achieve the mission and administer the programs of MOBD.
(b) MOBD shall develop, operate and maintain a searchable website accessible by the public at no cost, to provide information on public and private resources available to small businesses and to promote small businesses in the commonwealth. Information made available through the searchable website shall include, but shall not be limited to:
(1) information on state, local, federal and private sector small business counseling and technical assistance programs;
(2) information on state, local and federal financing programs;
(3) information on state, local and federal procurement and contracting programs and opportunities, including information on the regional economic development organizations under the program established in sections 3J and 3K and opportunities;
(4) information on state incorporation laws and regulations, and the changes to state incorporation laws and regulations;
(5) information on state tax credits;
(6) information on workers' compensation laws, unemployment insurance laws and the health insurance obligations and options for employers; and
(7) other information and resources, as determined by the director of MOBD.
SECTION 65. Subsection (a) of section 3A of said chapter 23A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be an economic development incentive program, or EDIP, which shall be administered by the economic assistance coordinating council established pursuant to section 3B, under the oversight of the secretary of economic development, to provide incentives that stimulate job creation and investment of private capital and to promote economic growth and expand economic opportunity to all areas of the commonwealth.
SECTION 66. Subsection (a) of section 3B of said chapter 23A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
There shall be an economic assistance coordinating council, or EACC, established within MOBD which shall consist of: the secretary of economic development or the secretary’s designee who shall serve as chair; the secretary of housing and livable communities or the secretary’s designee who shall serve as co-chairperson; 1 person to be appointed by the secretary of economic development; the director of career services or a designee; the secretary of labor and workforce development or a designee; the director of the office of business development or a designee; the president of the Commonwealth Corporation or a designee; and 8 persons to be appointed by the governor, 1 of whom shall be from the western region of the commonwealth, 1 of whom shall be from the central region of the commonwealth, 1 of whom shall be from the eastern region of the commonwealth, 1 of whom shall be from the northeastern region of the commonwealth, 1 of whom shall be from the southeastern region of the commonwealth, 1 of whom shall be from Cape Cod or the Islands, 1 of whom shall be a representative of a higher educational institution in the commonwealth and 1 of whom shall be from the Merrimack Valley.
SECTION 67. Subsection (c) of said section 3B of said chapter 23A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The director of MOBD shall appoint a director of economic assistance who shall be responsible for administering the EDIP in consultation with the secretary of economic development, the director of MOBD, and the EACC.
SECTION 68. Section 3H of said chapter 23A, as so appearing, is hereby amended by striking out, in line 1, the word “governor” and inserting in place thereof the following words:- secretary of economic development.
SECTION 69. Said section 3H of said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 16 and 17, the words “each of the 5 regional offices”.
SECTION 70. The fourth paragraph of said section 3H of said chapter 23A, as so appearing, is hereby further amended by striking out, the last sentence.
SECTION 71. Section 3I of said chapter 23A, as so appearing, is hereby amended by inserting, in line 2, after the word “chapter”, the following words:- but subject to appropriation.
SECTION 72. Section 5 of said chapter 23A, as so appearing, is hereby amended by striking out the first two sentences and inserting in place thereof the following sentence:- The director of MOBD shall prepare and keep current a general statement of the organization of MOBD, of the assignment of functions to its various administrative units, officers and employees, and of the established places at which and the methods whereby the public may receive information or make requests.
SECTION 73. Section 6 of said chapter 23A, as so appearing, is hereby amended by striking out, in line 5, the word “shall” both times it appears and inserting in place thereof, in each instance, the following word:- may.
SECTION 74. Said section 6 of said chapter 23A, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
Members of such committees shall receive no compensation for their services but may be reimbursed for their expenses. Such committees shall receive assistance from MOBD as designated by the director of MOBD. Each committee shall annually, on or before November 1, make a report to the director of MOBD and may make such special reports as it or the director of MOBD may deem desirable.
SECTION 75. Section 7 of said chapter 23A, as so appearing, is hereby amended by striking out, in line 1, the words “economic development” and inserting in place thereof the following word:- MOBD.
SECTION 76. Section 8 of said chapter 23A, as so appearing, is hereby amended by striking out, in line 3, the words “economic development” and inserting in place thereof the following word:- MOBD.
SECTION 77. Said chapter 23A of the General Laws, as so appearing, is hereby amended by striking out section 9 and inserting in place thereof the following section:-
Section 9. The director of MOBD may, subject to appropriation, appoint and remove all employees of the MOBD as may be necessary to carry out the work of MOBD. Unless otherwise provided by law, all such appointments and removals shall be made in accordance with chapter 31. From time to time, the director of MOBD may, subject to appropriation and the laws and regulations pertaining to the employment of consultants, employ such consultants as he may deem necessary.
SECTION 78. Section 10B of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 1, 4, and 9, each time they appear, the words “housing and”.
SECTION 79. Section 13A of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 11, 17, and 94, each time they appear, the words “housing and”.
SECTION 80. Section 13D of said chapter 23A, as so appearing, is hereby amended by striking out, in line 35, the words “housing and”.
SECTION 81. Section 13E of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “governor, and serve at the pleasure of the governor” and inserting in place thereof the following words:- secretary of economic development.
SECTION 82. Section 13G of said chapter 23A, as so appearing, is hereby amended by striking out, in line 2, the words “and with the approval of the partnership”.
SECTION 83. Section 13H of said chapter 23A, as so appearing, is hereby amended by striking out, in line 44, the words “housing and”.
SECTION 84. Section 13J of said chapter 23A, as so appearing, is hereby amended by striking out subsection (b).
SECTION 85. Section 13K of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “governor and serve at the pleasure of the governor” and inserting in place thereof the following words:- secretary of economic development.
SECTION 86. Said section 13K of said chapter 23, as so appearing, is hereby further amended by striking out, in line 16, the words “housing and”.
SECTION 87. Section 13L of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “There shall be within the international trade office” and inserting in place thereof the following words:- The executive director of the international trade office may establish.
SECTION 88. Said chapter 23A, as so appearing, is hereby amended by striking out Section 13S and inserting in place thereof the following section:-
Section 13S. The executive director of the international trade office, or staff hired by said executive director, shall evaluate the continuing impacts on state laws and regulations of international trade policy and international trade agreements, examine proposed international trade agreements, maintain active communications with any individual or entity, as the commission deems appropriate, regarding ongoing developments in international trade agreements and policy; and examine any aspects of international trade, international economic integration and international trade agreements that the members of the commission deem appropriate. For the purposes of this section, “international trade agreement” shall include any international trade or investment agreement or treaty including, but not limited to, the North American Free Trade Agreement, the Central American Free Trade Agreement and agreements concluded by the World Trade Organization.
SECTION 89. Section 56 of said chapter 23A, as so appearing, is hereby amended by striking out, in line 1 31, each time they appear, the words “housing and”.
SECTION 90. Section 59 of said chapter 23A, as so appearing, is hereby amended by striking out, in line 38, the words “economic development” and inserting in place thereof the following word:- MOBD.
SECTION 91. Said chapter 23A of the General Laws, as so appearing, is hereby amended by inserting after section 60 the following 3 sections:-
Section 60A. As used or referred to in sections 60B to 60C, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:-
(a) “Eligible section of substantial poverty”, a section of one or more cities or towns of the commonwealth which (a) is designated as having “sections of concentrated unemployment or underemployment” by the United States Secretary of Labor, or (b) is part of a standard metropolitan statistical area of over 250,000 persons and contains 1 or more poverty areas as defined by the latest official United States decennial census, or (c) is part of a standard metropolitan statistical area of less than 250,000 persons but contains 1 or more “poor tracts” as defined by the latest official United States decennial census using a five-factor analysis, except that for the purposes of this definition the “poor tract” will be defined as one falling in the lowest quartile of all United States census tracts in Massachusetts cities with populations of 50,000 or more.
(b) “Approved training or assistance program”, a federal, state or private training or rehabilitation program which has been certified as an approved program by the Massachusetts office of business development.
(c) “Eligible business facility”, a place of business of a corporation subject to the excise imposed under sections thirty to fifty-one, inclusive, of chapter sixty-three or a place of business located in a commercial center revitalization district which place of business is located in a city or town containing one or more eligible sections of substantial poverty or located in a city or town contiguous thereto and for which a certificate of eligibility has been issued by the Massachusetts office of business development. A facility for which such a certificate is issued shall be deemed an eligible business facility only during the taxable year or as of the taxable status date to which such certificate relates.
(d) “Resident”, an individual who is domiciled in an eligible section of substantial poverty.
(e) “Commercial center revitalization district,” a predominantly commercial geographic area in a city or town with one or more eligible sections of substantial poverty, which area is bounded and described in a commercial area revitalization plan adopted by the governing body of the city or town and approved by the secretary of economic development. The purposes of a commercial revitalization plan shall be to prevent or arrest and reverse the decay of the area covered by the plan. The plan shall describe the area and set forth the development or redevelopment, including public improvements, proposed to carry out the purposes of the plan. In exercising the power of approval of a commercial area revitalization plan, the secretary of economic development shall seek to avoid and correct the deterioration of older commercial districts which results from the movement of commercial enterprise to previously non-commercial areas.
Section 60B. The Massachusetts office of business development shall, subject to appropriation, initiate, organize, develop and coordinate an employment assistance and training program designed to enlarge and improve the skills of the work force, especially those within urban areas containing sections of substantial poverty.
In the development of such a program, the Massachusetts office of business development shall coordinate with all existing state agencies including, but not limited to, the executive office of labor and workforce development, the and the executive office of education, and with any similar training programs sponsored, directed or funded by the federal government operating within the commonwealth.
The office of business development shall, from time to time, determine and designate eligible sections of substantial poverty and it shall approve and certify the training or assistance programs which are to be utilized or undertaken by an eligible business facility.
The Massachusetts office of business development may promulgate regulations to implement this section, including the criteria for a business facility to become an eligible business facility and the requirements to renew a certificate of eligibility.
Section 60C. (a) Any corporation, with respect to any business facility which it owns or operates may file with the office of business development an application for a certificate that such facility is an eligible business facility. Such application shall be in such form and shall contain such information, exhibits and supporting data as the office may prescribe. If the office finds that a business facility described in an application for a certificate of eligibility meets the requirements established in regulation, it shall issue such certificate; provided, however, that no such certificate shall be issued for a facility which is located in a commercial center revitalization district unless the director of the office of business development shall have certified the facility to be consistent with the plan establishing that district.
(b) Such certificate shall specify, for the purposes of the corporation excise law, the taxable year to which it relates. The facility described in a certificate of eligibility shall not be deemed an eligible business facility for the purposes of said law in any subsequent taxable year unless the certificate is renewed to relate to such subsequent year. A renewal may be granted for more than 1 year and successive renewals may be granted.
(c) The maximum number of years for which eligibility may be certified under any certificate, including all renewals, shall be 10.
(d) A certificate of eligibility and any renewal thereof shall specify and identify the real estate of the eligible business facility to which it relates and, by appropriate designation, the jobs created or retained in an eligible area by the business facility described in such certificate, during the taxable year to which such certificate or renewal relates.
(e) The office of business development shall transmit a copy of every certificate of eligibility and every renewal thereof to the commissioner of revenue.
(f) The office of business development may, after a hearing, revoke a certificate of eligibility if the office finds that the facility therein described fails in any respect to meet the eligibility criteria. Such revocation may be ordered if the application for the certificate and other information supplied by the applicant failed to fully and fairly disclose the facts relevant to such requirements, or if there has been a material change in circumstances since the date when the certificate of eligibility was issued. In revoking any certificate of eligibility the office shall determine whether the facility was an eligible business facility for any period of time, and if so it shall specify such period of time in its determination, or it may determine that such facility was not an eligible business facility at any time. When a certificate of eligibility is revoked or modified the office shall forthwith notify the commissioner of revenue.
SECTION 92. Section 62 of said chapter 23A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The members of the board shall be comprised of the state permit ombudsman who will serve as the chair of the interagency permitting board, the secretary of economic development, the secretary of housing and livable communities, the secretary of energy and environmental affairs, the secretary of labor and workforce development, the secretary of public safety and security, the secretary of transportation, the director of the Massachusetts office of business development, the director of the office of consumer affairs and business regulation, and the executive director of the Massachusetts Development Finance Agency; or their designees.
SECTION 93. Section 63 of said chapter 23A, as so appearing, is hereby amended by striking out, in lines, 1 and 2, 13, 32 and 33, 39, 64, and 69, each time they appear, the words “housing and”.
SECTION 94. Said section 63 of said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 19 to23, inclusive, the words “; or (iv) to match other public and private funding sources to build or rehabilitate transit-oriented housing located within .5 miles of a commuter rail station, subway station, ferry terminal or bus station, at least 25 per cent of which shall be affordable”
SECTION 95. Section 64 of said chapter 23A, as so appearing, is hereby amended by striking out, in line 2, the words “housing and”.
SECTION 96. Section 65 of said chapter 23A, as so appearing, is hereby amended by striking out, in line 1, the word “department” and inserting in place thereof the following words:- executive office of economic development.
SECTION 97. Said section 65 of said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 114 and 118, each time they appear, the words “housing and”.
SECTION 98. Section 66 of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 3 and 11, each time they appear, the words “housing and”.
SECTION 99. Said section 66 of said chapter 23A, as so appearing, is hereby further amended by inserting, in line 43, after the word “shall” the following words:- , subject to appropriation,.
SECTION 100. Section 67 of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 1, 9, and 16, each time they appear, the words “housing and”.
SECTION 101. Section 68 of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 1, 7, 15, and 33, each time they appear, the words “housing and”.
SECTION 102. Chapter 23B of the General Laws, as so appearing, is hereby amended by striking out section 1 and inserting in place thereof the following section:-
Section 1. The executive office of housing and livable communities shall be the principal office of the commonwealth to formulate and carry out state housing policy, responsible for expending funds, marshalling resources, and advancing innovative solutions to provide safe, accessible, affordable, and environmentally sustainable housing for all residents and to promote vibrant, livable communities throughout the commonwealth, including without limitation administering programs focused on housing production, housing rehabilitation, housing preservation, housing affordability, fairness and equity in housing opportunity, emergency and transitional housing, and housing stability and security.
(b) To accomplish the objectives set forth above, the executive office is hereby authorized and empowered to:
(i) Administer programs of financial assistance related to housing production, rehabilitation preservation, operation and affordability, including without limitation programs supporting infrastructure development, community development, fuel assistance and weatherization;
(ii) Oversee and subsidize the operation, capital maintenance, and redevelopment of state-aided public housing;
(iii) Administer rental vouchers and all other programs providing rental assistance or promoting housing stability and affordability, including without limitation programs providing emergency shelter or transitional housing for individuals and families;
(iv) Provide assistance to communities in solving local problems that impact housing, including but not limited to, problems in planning, zoning, housing, and community development;
(v) Facilitate communications between communities and the various agencies, authorities, officials, and employees of the commonwealth with responsibilities that impact housing and communities;
(vi) Encourage and assist local governments to cooperate in seeking mutual solutions to common problems and regional housing needs;
(vii) Provide and act as a clearing house for information and data regarding housing and livable communities in the commonwealth;
(viii) Initiate, carry out and support studies and analyses which will aid in solving local and regional problems that impact housing and communities;
(ix) Discharge the duties imposed on it by or pursuant to law in the fields of housing, urban renewal, relocation, housing for the handicapped, veterans, the elderly or other discrete populations with special housing needs, local and regional planning, and the development of livable communities;
(x) Further the cooperation of local, state, federal and private agencies and institutions with respect to programs affecting housing and community development;
(xi) Represent and act on behalf of the commonwealth in connection with federal grant programs applicable to the objectives and programs described in this section.
(xii) Seek, accept and otherwise take full advantage of all federal aid available to the department and to assist other agencies of the commonwealth and local agencies to take full advantage of all federal grants and subventions available for the purposes described in this section;
(xiii) Render advice and assistance to communities in the preparation and review of zoning ordinances and other rules, regulations, ordinances, charters, and the like that affect the housing and communities;
(xiv) Formulate in cooperation with related state agencies, and from time to time update, a Model Housing Code, and Model Zoning Codes for communities of various populations, and in coordination with other state agencies and upon the request of any community, advise and aid communities in the enforcement of the Housing Code;
(xv) Develop goals and plans to guide the production, rehabilitation, preservation, operation and subsidization of housing in the commonwealth;
(xvi) Carry out its responsibility to affirmatively further fair housing, including, without limitation, assisting to the fullest extent the Massachusetts commission against discrimination in responding to discrimination in housing and otherwise carrying out its powers and duties under chapter 151B;
(xvii) Adopt a qualified allocation plan and regulations pursuant thereto for the federal low-income housing tax credit as provided for in Section 42 of the Internal Revenue Code as amended and in effect for the taxable year, and the Massachusetts low-income housing tax credit as established under section 6I of chapter 62 and section 31H of chapter 63. Such plan may give preference to qualified Massachusetts projects which serve the lowest income tenants at rents affordable to those tenants and which are obligated to serve qualified tenants for the longest period.
The specific powers and grant of authority set forth in this subsection shall be construed broadly to effectuate the purposes of this chapter, and nothing in this subsection shall be construed in limitation of the other powers and duties of the executive office established by other provisions of state or federal law.
(c) In order to assist in the discharge of its duties, the executive office is hereby empowered to request from any agency of the commonwealth such available information as the secretary shall deem pertinent to local affairs and problems, and to request from any political subdivision of the commonwealth currently existing zoning maps of any community and notification of all zoning changes, and such agency or political subdivision shall comply with such request.
(d) An information copy of each application for federal grant or loan for the purposes of any community development program submitted to the federal government by any community shall be filed with the executive office not later than the tenth day after such submission thereof.
SECTION 103. Sections 2, 3 and 4 of said chapter 23B of the General Laws are hereby repealed.
SECTION 104. Said chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by striking out sections 5A to 8, inclusive, and inserting in place thereof the following 5 sections:-
Section 5A. There shall be within the executive office a housing appeals committee, consisting of 3 members to be appointed by the secretary, of whom 1 shall be an officer or employee of the executive office or any agency or division within the executive office, and 2 members to be appointed by the governor for terms of 1 year each, of whom 1 shall be a member of a select board and 1 a member of a city council or similar governing body of a city. The members shall serve for terms of 1 year each, and the secretary shall designate the chairperson. A member of the committee shall receive no compensation for such services, but shall be reimbursed by the commonwealth for all reasonable expenses actually and necessarily incurred in the performance of official duties. Said committee shall hear all petitions for review filed under section 22 of chapter 40B, and shall conduct said hearings in accordance with rules and regulations established by the secretary.
The executive office shall provide such space and clerical and other assistance as the committee may require.
Section 5B. There shall be within the executive office a joint task force on housing for persons with disabilities, consisting of one employee of the executive office to be appointed by the secretary; 1 employee of the Massachusetts Housing Finance Agency to be appointed by the executive director of said agency; 2 employees of the executive office of health and human services to be appointed by the secretary of said executive office; 2 persons, not employees of the commonwealth, from the disability community to be appointed by the secretary of human services, after consultation with the director of housing and community development and the director of the Massachusetts office on disability; and 2 other persons, not employees of the commonwealth, who are experts in the production or management of such housing to be appointed by the secretary of health and human services, after consultation with the secretary of housing and livable communities and with leaders of trade associations and others in the private sector, including the chief executive officer of the Rental Housing Association.
Said joint task force may advise the secretary of health and human services, the secretary of housing and livable communities and the executive director of the Massachusetts Housing Finance Agency on questions relating to the development and management of housing used by persons with disabilities and may act in a consultative capacity to any persons with problems or disputes relating to such housing.
Section 6. The secretary shall prepare and submit to the governor and the general court an annual report which shall contain the description of organization of the executive office of housing and livable communities, including all divisions, bureaus, offices, and agencies within the executive office, and such other matters as the secretary deems appropriate. The secretary shall also include in such annual report such information as may be required by the secretary of the executive office for administration and finance.
The secretary of the executive office of housing and livable communities shall make, and from time to time revise, regulations for the conduct of the business of the executive office and its divisions and agencies, and such other regulations as may be required by law.
Section 7. The executive office of housing livable communities may accept any gifts or grants of money or property, whether real or personal, from any source, whether public or private, including but not limited to the United States of America or its agencies, for the purpose of assisting the executive office in the discharge of its duties.
Section 8. The secretary shall appoint and may remove all employees in the executive office and its divisions and agencies. Unless otherwise provided by law, all such appointments and removals shall be made in accordance with chapter thirty-one. From time to time the secretary may, subject to appropriation and regulations pertaining to the employment of consultants, employ such consultants as the secretary may deem necessary.
In addition to undersecretaries, department and division heads, and bureau chiefs, the secretary may appoint an executive assistant, a chief counsel and experts on urban affairs, public information and intergovernmental relations, to serve in the executive office, and such other officers, experts and assistants as may be necessary to carry out the work of the office. Any person holding appointment under this paragraph shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty.
SECTION 105. Section 9 of said chapter 23B, as so appearing, is hereby amended by striking out, in lines 1 and 8, each time it appears, the word “director” and inserting in place thereof the following word:- secretary.
SECTION 106. Said section 9 of said chapter 23B, as so appearing, is hereby further amended by striking out, in lines 7 and 8 and line 11, the word “department” and inserting in place thereof the following words:- executive office.
SECTION 107. Said chapter 23B of the General Laws, as so appearing, is hereby amended by striking out section 10 and inserting in place thereof the following section:-
Section 10. Wherever, in any general or special law, there are used the following words:-- (a) division of housing, (b) division of urban renewal, (c) bureau of relocation, (d) bureau of project development services, (e) bureau of construction services, (f) bureau of property management services, (g) bureau of community programs, (h) bureau of financial assistance, (i) state housing board, (j) bureau of planning assistance, (k) commonwealth service corps, (l) bureau of housing for the handicapped, (m) department of community affairs, (n) executive office of communities and development; (o) department of housing and community development, or (p) words having the same connotation, said words shall, unless the context otherwise requires, mean the executive office of housing and livable communities established by this chapter and in section 16G ½ of chapter 6A. Any reference in any general or special law to the administrative head of any of the agencies enumerated in the foregoing paragraph shall, unless the context otherwise requires, mean the secretary of housing and livable communities or such officer or employee of the executive office of housing and livable communities as the secretary from time to time may designate.
SECTION 108. Section 10A of said chapter 23B, as so appearing, is hereby amended by striking out, in lines 1 and 8, each time it appears, the word “department” and inserting in place thereof, in each instance, the following words:- executive office.
SECTION 109. Said section 10A of said chapter 23B of the General Laws, as so appearing, is hereby further amended by inserting, in line 6, after the word “construct”, the following words:- , reconstruct, redevelop or replace.
SECTION 110. Said section 10A of chapter 23B of the General Laws, as so appearing, is hereby further amended by striking out, in line 15, the word “only” and inserting in place thereof the following words:- ,without limitation,.
SECTION 111. Sections 11 to 15, inclusive, of said chapter 23B of the General Laws are hereby repealed.
SECTION 112. Section 24 of said chapter 23B of the General Laws as appearing in the 2020 Official Edition, is hereby amended by inserting, after the definition of “density of poverty”, the following definition:-
“Director”, the secretary of the executive office of housing and livable communities.
SECTION 113. Section 24B of said chapter 23B, as so appearing, is hereby amended by striking out, in line 1, the word “department” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 114. Said section 24B of said chapter 23B, as so appearing, is hereby further amended by striking out, in lines 13, 16, and 22, the word “department” and inserting in place thereof, in each instance, the following words:- executive office.
SECTION 115. Section 25 of said chapter 23B, as so appearing, is hereby amended by inserting, after the definition of “Annual income”, the following definition:-
“Department”, the executive office of housing and livable communities.
SECTION 116. Said chapter 23B of the General Laws, as so appearing, is hereby amended by striking out section 27 and inserting in place thereof the following section:-
Section 27. The commonwealth, acting by and through the executive office of housing and livable communities, may, to the extent of appropriations provided for such purpose, enter into contracts with sponsors of rental housing projects for financial assistance in the form of a grant or loan by the commonwealth to facilitate the construction or rehabilitation of rental housing projects in locations where there is a need for such housing.
Each such contract shall provide for disbursements of loan proceeds in such amounts as the executive office determines appropriate. Prior to entering into any such contract, the executive office shall find: (1) that the area in which the proposed rental housing project is to be located is a housing development area, or that the proposed rental housing project is a low and moderate income rental housing project; and (2) that the amount of any loan to be provided appears to be the minimum amount necessary to make the proposed rental housing project feasible, and to ensure that at least twenty-five per cent of the units in such project will be occupied by persons and families, who are, at the time of initial occupancy, of low income.
In the case of a rental housing project that is determined to be a low and moderate income rental housing project, the executive office shall require that the sponsor of such project make every reasonable effort to rent available units, other than units reserved for low income persons and families, to moderate income persons or families, prior to renting such units to other persons and families.
Any loan made pursuant to this section shall be secured by a lien on real or personal property, or both, satisfactory to the executive office. Such loans shall be subject to such terms and conditions as the executive office may prescribe, including but not limited to, such interest rate as may be set by the executive office.
Notwithstanding the provisions of any special or general law to the contrary, and as a condition precedent to entering into any contracts financed pursuant to this section, the executive office shall make a determination for each development financed pursuant to this section whether (1) the allocation of state rental assistance funds is necessary to achieve a fiscally sound project, and; (2) alternative sources of funding are inappropriate or unavailable.
SECTION 117. Chapter 23B of the General Laws, as so appearing, is hereby further amended by inserting after section 27 the following section:-
Section 27 ½. (a) There shall be in the executive office of housing and livable communities a HousingWorks infrastructure program (i) to issue public infrastructure grants to municipalities and other public instrumentalities for design, construction, building, rehabilitation, repair, and other improvements to publicly-owned infrastructure, including, but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment systems, telecommunications systems, transit improvements, public parks and spaces adjacent to planned or proposed housing improvements, and pedestrian and bicycle ways, that support the objectives of the secretariat; (ii) to assist municipalities to advance projects that support housing development, preservation, or rehabilitation; or (iii) to match other public and private funding sources to build or rehabilitate transit-oriented housing located within .5 miles of a commuter rail station, subway station, ferry terminal or bus station, at least 25 percent of which shall be affordable. Preference shall be given to public infrastructure serving locations within 0.5 miles of a commuter rail station, subway station, ferry terminal or bus station; other eligible locations as defined in section 1A of chapter 40A; and multi-family zoning districts that comply with section 3A of said chapter 40A.
(b) Public infrastructure projects authorized by clause (i) of subsection (a) shall be located on public land or on public leasehold, right-of-way or easement. A project that uses grants to municipalities for public infrastructure provided by this section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter 30, chapter 30B and chapter 149.
(c) There shall be at least 1 open solicitation period each year to accept and consider new applications. The executive office of housing and livable communities may issue guidelines establishing other program eligibility requirements and the criteria upon which applications shall be evaluated. The guidelines shall be developed in consultation with the secretary of economic development to ensure coordination and alignment with the MassWorks program established by section 63 of chapter 23A and may include provisions to permit joint applications by 2 or more eligible cities or towns for a single project serving those municipalities. Grants may be made outside of the open solicitation period at the discretion of the secretary of housing and livable communities.
(d) The secretary of housing and livable communities shall report annually to the clerks of the house of representatives and the senate, who shall forward the report to the house of representatives and the senate, the chairs of the joint committee on housing, the chairs of the senate and house committees on ways and means, and the chairs of the joint committees on state administration and regulatory oversight on the activities and status of the program. The report shall include a list and description of all projects that received grant funds under the program, the amount of each grant, and the number of housing units expected to be served by each project.
SECTION 118. Section 29 of said chapter 23B, as so appearing, is hereby amended by striking out, in line 9, the word “department” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 119. Said section 29 of said chapter 23B, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
Any documentary materials or data made or received by an employee of the commonwealth, an employee or official of a city or town or a member of an advisory committee created by the secretary to make recommendations concerning the use of program funds, to the extent that such materials or data consist of trade secrets or commercial or financial information regarding the operation of a business conducted by an applicant for, or a recipient of, assistance which the program is empowered to render or regarding the competitive position of such applicant or recipient in a particular field of endeavor, shall not be deemed to be public records and shall not be subject to the provisions of section 10 of chapter 66. Any discussion or consideration of such trade secrets or commercial or financial information may be held by an advisory committee created by the secretary to make recommendations concerning the use of program funds, in executive session closed to the public, notwithstanding the provisions of section 11A ½ of chapter 30A.
SECTION 120. Section 30 of said chapter 23B, as so appearing, is hereby amended by striking out, in lines 1, 4, 10, 21, 22, 31, 38, 55, 63, 73, 77, 80 and 81, 84 and 85, 88, 93 99, 112, 121, 125 and 126, 132, 133, 135, 144 and 145, 146 and 147, 163, 168, 171, 181, each time that it appears, the word “department” and inserting in place thereof, in each instance, the following words:- executive office.
SECTION 121. Said section 30 of said chapter 23B, as so appearing, is hereby further amended by striking out, in lines 23, 131, and lines 140 and141, each time that it appears, the word “director” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 122. Section 3 of chapter 23D of the General Laws, as so, is hereby amended by striking out, in lines 1, 2, and lines 6 and7, each time it appears, the words “director” and inserting in place thereof, in each instance, the following word:- secretary
SECTION 123. The third paragraph of said section 3 of said chapter 23D, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:-
The executive director may utilize the offices staff and resources of any other agency of the executive branch, including without limitation the executive office of economic development, the executive office of labor and workforce development, or any agency or quasi-public agency within said executive offices, and such voluntary and uncompensated services as may from time to time be necessary for the proper performance of the duties and purposes of the program.
SECTION 124. Section 9 of chapter 23E of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the first time it appears, the word “director”, and inserting in place thereof the following word:- secretary.
SECTION 125. Section 15 of said chapter 23E, as so appearing, is hereby amended by striking out, in line 21, the word “director” and inserting in place thereof the following word:- secretary
SECTION 126. Section 2 of chapter 23G of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 and lines 22 and23, each time they appear, the words “housing and”.
SECTION 127. Section 29A of said chapter 23G, as amended by section 14 of chapter 268 of the acts of 2022, is hereby further amended by striking out, in lines 189 and190, the words “director of economic development or his designee,” and inserting in place thereof the following words:- the secretary of economic development or the secretary’s designee,.
SECTION 128. Said section 29A of said chapter 23G, as so amended, is hereby further amended by striking out, in line 210, the word “director” and inserting in place thereof the following word:- secretary.
SECTION 129. Section 45 of said chapter 23G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 8 and 82, each time they appear, the words “housing and”.
SECTION 130. Section 46 of said chapter 23G, as so appearing, is hereby amended by striking out, in line 145, the words “housing and”.
SECTION 131. Section 47 of said chapter 23G, as so appearing, is hereby amended by striking out, in lines 8 and9, the words “housing and”.
SECTION 132. The first sentence of subsection (b) of section 7 of chapter 23H of the General Laws, as most recently amended by section 4 of chapter 42 of the acts of 2022, is hereby further amended by striking out the words “housing and”.
SECTION 133. Section 3 of chapter 23I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 14 and 31, each time they appear, the words “housing and”.
SECTION 134. Section 4 of said chapter 23I, as so appearing, is hereby amended by striking out, in line 40, the words “housing and”.
SECTION 135. Section 5 of said chapter 23I, as so appearing, is hereby amended by striking out, in line 179, the words “housing and”.
SECTION 136. Section 2 of chapter 23J of the General Laws as amended by section 8 of chapter 179 of the acts of 2022, is hereby further amended by striking out, in line 45, the words “housing and”.
SECTION 137. Section 18 of chapter 23N of the General Laws, as added by section 5 of chapter 173 of the acts of 2022, is hereby amended by striking out, in subsections (b), (c) and (d), each time they appear, the words “secretary of housing and economic development” and inserting in place thereof, in each instance, the following words:- secretary of economic development.
SECTION 138. Section 1 of chapter 24A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 1, the words “housing and”.
SECTION 139. Said section 1 of said chapter 24A, as so appearing, is hereby further amended by striking out, in lines 10 and 11, the words “labor and workforce development and the director of economic development” and inserting in place thereof the following words:- the Massachusetts office of business development.
SECTION 140. Subsection (a) of section 22 of chapter 25 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “housing and”.
SECTION 141. Section 11C of chapter 25A of the General Laws, as so appearing, is hereby amended by striking out, in lines 136 and 137, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 142. Section 2RR of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 96, the words “housing and”
SECTION 143. Section 2XXX of said chapter 29, as so appearing, is hereby amended by striking out, in lines 21 and 22, 32, and lines 39 and 40, each time they appear, the words “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 144. Said section 2XXX of said chapter 29, as so appearing, is hereby further amended by striking out, in line 24, the words “The department” and inserting in place thereof the following words:- Said executive office.
SECTION 145. Section 2OOOO of said chapter 29, as so appearing, is hereby amended by striking out, in lines 9 and 85, each time they appear, the words “housing and”.
SECTION 146. Section 6 of chapter 29C of the General Laws, as so appearing, is hereby amended by striking out, in line 85, the words “housing and economic development” and inserting in place thereof the following words:- economic development and the secretary of housing and livable communities,.
SECTION 147. Section 48 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in lines 25 and 26, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 148. Section 60 of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, 20 and 21, 25 and 26, 144, 166, 187 and 188, 195, and lines 203 and 204, each time that they appear, the words “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 149. Said section 60 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 21 and 22, 146 and 147, 149 and 150, and 167, each time it appears, the word “department” and inserting in place thereof, in each instance, the following words:- executive office.
SECTION 150. Said section 60 of said chapter 40, as so appearing, is hereby further amended by striking out, in line 171, the word “department’s” and inserting in place thereof the following words:- executive office’s.
SECTION 151. Section 60A of said chapter 40, as so appearing, is hereby amended by striking out, in line 6, the word “department” and inserting in place thereof the following words:- executive office.
SECTION 152. Section 3A of chapter 40Aof the General Laws, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words “or (iii) the MassWorks infrastructure program established in section 63 of chapter 23A” and inserting in place thereof the following words:- (iii) the MassWorks infrastructure program established in section 63 of chapter 23A, or (iv) the HousingWorks infrastructure program established in section 27 of chapter 23B.
SECTION 153. Said section 3A of said chapter 40A, as so appearing, is hereby further amended by striking out, in line 19, the words “department, in consultation with” and inserting in place thereof the following words:- executive office of housing and livable communities, in consultation with the executive office of economic development,.
SECTION 154. Section 5 of said chapter 40A, as so appearing, is hereby amended by striking out, in line 32, and lines 34 and 35, each time they appear, the words “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 155. Section 9 of chapter 40B of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word “director” and inserting in place thereof the following word:- secretary.
SECTION 156. Section 10 of said chapter 40B, as so appearing, is hereby amended by striking out, in lines 2, 4, and 11, each time it appears, the words “director” and inserting in place thereof the following word:- secretary.
SECTION 157. Section 11 of said chapter 40B, as so appearing, is hereby amended by striking out, in lines 47 and 50, both times it appears, the word “director” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 158. Section 13 of said chapter 40B, as so appearing, is hereby amended by striking out, in lines 6 and 8, both times it appears, the word “director” and inserting in place thereof the following word:- secretary.
SECTION 159. Section 22 of said chapter 40B, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 160. Section 23 of said chapter 40B, as so appearing, is hereby amended by striking out, in line 2, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 161. Section 24 of said chapter 40B, as so appearing, is hereby amended by striking out, in lines 18 and19, the words “secretary of housing and economic development, the director of housing and community development” and inserting in place thereof the following words:- secretary of economic development, secretary of housing and livable communities.
SECTION 162. Section 3 of chapter 40C of the General Laws, as so appearing, is hereby amended by striking out, in lines 16 to 18, inclusive, the words “director of economic development, the director of housing and community development” and inserting in place thereof the following words:- secretary of economic development, the secretary of housing and livable communities.
SECTION 163. Section 12 of chapter 40D of the General Laws, as so appearing, is hereby amended by striking out, in line 75, the words: “director of housing and community development” and inserting in place thereof the following words:- secretary of economic development.
SECTION 164. Said section 12 of said chapter 40D, as so appearing, is hereby further amended by striking out, in line 85, the word: “director” and inserting in place thereof the following word:- secretary.
SECTION 165. Section 2 of chapter 40G of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:-
The MTDC is hereby placed in the executive office of economic development but shall not be subject to the supervision or control of said executive office or of any board, department or agency of the commonwealth except as specifically provided in this chapter.
SECTION 166. Said section 2 of said chapter 40G, as so appearing, is hereby further amended by striking out, in line 22, the words “housing and”.
SECTION 167. Section 3 of said chapter 40G, as so appearing, is hereby amended by striking out, in line 11, the words “housing and”.
SECTION 168. Section 2 of chapter 40H of the General Laws, as so appearing, is hereby amended by striking out, in lines 27 and 28, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 169. Said section 2 of said chapter 40H, as so appearing, is hereby further amended by striking out, in lines 31 and 41, each time it appears, the word “department” and inserting in place thereof, in each instance, the following words:- executive office.
SECTION 170. Section 2A of said chapter 40H, as so appearing, is hereby amended by striking out, in lines 1 and 2, 20 and 21 and 22, each time that they appear, the words “director of housing and community development” and inserting in place thereof, in each instance, the following words:- secretary of housing and livable communities.
SECTION 171. Said section 2A of said chapter 40H, as so appearing, is hereby further amended by striking out, in lines 30 to 32, inclusive, the words “executive office of housing and economic development, its agencies and quasi-public agencies organized under the executive office,” and inserting in place thereof the following words:- the executive office of economic development, the executive office of housing and livable communities, and the agencies and quasi-public agencies organized under either of said executive offices,.
SECTION 172. Section 3 of said chapter 40H, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 173. Said section 3 of said chapter 40H, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words “economic development” and inserting in place thereof the following words:- livable communities.
SECTION 174. Section 3 of said chapter 40J of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the word “department” and inserting in place thereof the following words:- executive office.
SECTION 175. Said section 3 of said chapter 40J, as so appearing, is hereby further amended by striking out, in line 13, the words “housing and economic development or his designee” and inserting in place thereof the following words:- economic development or the secretary’s designee.
SECTION 176. Said section 3 of said chapter 40J, as so appearing, is hereby further amended by striking out, in line 45, the words “housing and”.
SECTION 177. Section 4F of said chapter 40J, as so appearing, is hereby amended by striking out, in lines 47 and 48, the word “department” and inserting in place thereof the following words:- executive office.
SECTION 178. Section 6A of said chapter 40J, as so appearing, is hereby amended by striking out, in lines 16 and 17, the words “housing and”.
SECTION 179. Section 6B of said chapter 40J, as so appearing, is hereby amended by striking out, in lines 33, 155 and 156, and 166, each time they appear, the words “housing and”
SECTION 180. Section 6D of said chapter 40J, as so appearing, is hereby amended by striking out, in lines 271 to 272 and 299, each time they appear, the words “housing and”.
SECTION 181. Subsection (a) of section 6K of said chapter 40J, as inserted by section 44 of chapter 268 of the acts of 2022, is hereby amended by striking out, in the the last sentence, the words “housing and”.
SECTION 182. Section 12 of said chapter 40J of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 22 and lines 23 and 24, both times it appears, the word “department” and inserting in place thereof, in each instance, the following words:- executive office.
SECTION 183. Said section 12 of said chapter 40J, as so appearing, is hereby further amended by striking out, in line 27, the word “director” and inserting in place thereof the following word:- secretary.
SECTION 184. Section 3 of chapter 40O of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of economic development.
SECTION 185. Section 2 of chapter 40R of the General Laws, as most recently amended by section 50 of chapter 268 of the acts of 2022, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities.
SECTION 186. Section 1 of chapter 40S of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 59 and 60, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 187. Section 3 of said chapter 40S, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 188. Said section 3 of said chapter 40S, as so appearing, is hereby further amended by striking out, in lines 62 and 63, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 189. Section 4 of said chapter 40S, as so appearing, is hereby amended by striking out, in lines 1 to 2, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 190. Section 1 of chapter 40T of the General Laws, as so appearing, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities or its designee as forth in this chapter.
SECTION 191. Section 1 of chapter 40V of the General Laws, as so appearing, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities.
SECTION 192. Said section 1 of chapter 40V, as so appearing, is hereby further amended by striking out, in lines 41 and 42, the words “department of housing and community development” and inserting in place thereof the following word:- department.
SECTION 193. Section 1 of chapter 40Y of the General Laws, as inserted by section 89 of chapter 268 of the acts of 2022, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities.
SECTION 194. Section 2 of chapter 40W of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 7 and 14, each time they appear, the words “housing and”.
SECTION 195. Section 4 of said chapter 40W, as so appearing, is hereby amended by striking out, in line 3, the words “housing and”.
SECTION 196. Section 71 of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 197. Section 81C of said chapter 41, as so appearing, is hereby amended by striking out, in lines 7, 12 and 13, each time that they appear, the words “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 198. Section 81D of said chapter 41, as so appearing, is hereby amended by striking out, in lines 58 and 59, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 199. Section 81E of said chapter 41, as so appearing, is hereby amended by striking out, in line 14, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 200. Section 6 of chapter 43B of the General Laws, as so appearing, is hereby amended by striking out, in lines 15 and 16, the words: “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities
SECTION 201. Said section 6 of said chapter 43B, as so appearing, is hereby further amended by striking out, in line 16, the word “director” and inserting in place thereof the following word:- secretary.
SECTION 202. Section 9 of said chapter 43B, as so appearing, is hereby amended by striking out, in lines 12 and 13, 19 and 20, and 31, each time they appear, the words “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 203. Section 10 of said chapter 43B, as so appearing, is hereby amended by striking out, in lines 59 and 60, and 65 and 66, each time they appear, the words “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 204. Section 12 of said chapter 43B, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “office of the director of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 205. Section 16 of said chapter 43B, as so appearing, is hereby amended by striking out, in lines 12 to 15, inclusive, the words “Any paper or document which is required by this chapter to be filed with or submitted to the department of housing and community development shall be deemed to be so filed or submitted when it is delivered to said department” and inserting in place thereof the following words:- Any paper or document which is required by this chapter to be filed with or submitted to the executive office of housing and livable communities shall be deemed to be so filed or submitted when an electronic copy thereof is transmitted to said executive office.
SECTION 206. Section 12 of chapter 43C of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 207. Section 1 of chapter 43E of the General Laws, as so appearing, is hereby amended by striking out the definitions of “Growth district” and “Growth district initiative” and inserting in place thereof the following 2 definitions:-
“Growth district”, a district designated from time to time by the secretary of economic development, with the approval of the secretary of housing and livable communities and the secretary of energy and environmental affairs, to participate in the growth district initiative.
“Growth district initiative”, a program established by the executive office of economic development and section 2C of chapter 303 of the acts of 2008 to provide for commercial and residential transportation and infrastructure development, improvements and various capital investment projects.
SECTION 208. Section 5 of said chapter 43E, as so appearing, is hereby amended by striking out, in line 14, the words “housing and”.
SECTION 209. Section 8 of said chapter 43E, as so appearing, is hereby amended by striking out the first sentence, and inserting in place thereof the following sentence:-
The secretary of economic development shall promulgate rules and regulations to implement this chapter with the approval of the secretary of energy and environmental affairs and the secretary of housing and livable communities.
SECTION 210. Section 8 of chapter 44 of the General Laws, as so appearing, is hereby amended by striking out, in lines 159 and 160, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of economic development or predecessor thereof for any such approval issued prior to 2023, including, without limitation, the secretary of housing and economic development or director of housing and community development.
SECTION 211. Section 8C of chapter 58 of the General Laws, as so appearing, is hereby amended by striking out, in lines 22 and 23, and lines 29 and 30, each time they appear, the words “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 212. Section 5M of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 213. Said section 5M of said chapter 59 of the General Laws, as so appearing, is hereby further amended by striking out, in line 12, the word “department” and inserting in place thereof the following words:- executive office.
SECTION 214. Section 11 of chapter 61A of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 215. Section 6 of chapter 62, of the General Laws, as most recently amended by section 103 of chapter 268 of the acts of 2022, is hereby further amended by striking out, in lines 186 and 187, 1093 and 1103, each time they appear, the words “housing and”.
SECTION 216. Subsection (q) of said section 6 of said chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 842 and 843, lines 848 and 849 and lines 876 and 877, each time that they appear, the words “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 217. Paragraph (1) of said subsection (q) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 843, the words “established in chapter 23B”.
SECTION 218. Said subsection (q) of said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in lines 844, 888, 893, 896 and 904, each time it appears, the word “DHCD”, and inserting in place thereof, in each instance, the following words:- EOHLC.
SECTION 219. Said subsection (q) said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in lines 906 and 928, each time it appears, the term “DHDC”, and inserting in place thereof, in each instance, the following words:- EOHLC.
SECTION 220. Said subsection (q) of said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in lines 910 and 911, the words “secretary of housing and economic development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 221. Section 6I of said chapter 62, as so appearing, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities, or its successor office or agency.
SECTION 222. Section 6M of said chapter 62, as so appearing, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities.
SECTION 223. Section 21 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out, in lines 109 and 110, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 224. Said section 21 of said chapter 62C, as so appearing, is hereby further amended by striking out, in line 113, the word “director” and inserting in place thereof the following word:- secretary.
SECTION 225. Said section 21 of said chapter 62C, as so appearing, is hereby further amended by striking out, in lines 185 and 186, the words “housing and”.
SECTION 226. Section 3 of chapter 62E of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 227. Section 31H of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities or its successor office or agency.
SECTION 228. Section 38F of said chapter 63, as so appearing, is hereby amended by striking out, in lines 6 and 8, each time they appear, the words “section eleven of chapter twenty-three B” and inserting in place thereof the following words:- section 60A of chapter 23A
SECTION 229. Section 38N of said chapter 63, as so appearing, is hereby amended by striking out, in line 43, the words “housing and”.
SECTION 230. Section 38BB of said chapter 63, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “department of housing and community development”, and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 231. Said section 38BB of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 4, 9, 23, 34, 39, 42, 51, 52 and 74, each time it appears, the word “DHCD”, and inserting in place thereof, in each instance, the following words: EOHLC.
SECTION 232. Said section 38BB of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 56 and 57, the words “secretary of housing and economic development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 233. Section 38EE of said chapter 63, as so appearing, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities.
SECTION 234. Section 3 of chapter 66A of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 235. Section 57 of chapter 74 of the General Laws, as so appearing, is hereby amended by striking out, in line 64, the words “housing and”.
SECTION 236. Section 1 of chapter 79A of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 237. Section 7C of chapter 81 of the General Laws, as so appearing, is hereby amended by striking out, in line 36, the word “department” and inserting in place thereof the following words:- executive office.
SECTION 238. Section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in lines 290, 295, 296, 298, 301 and 303, each time it appears, the word “department” and inserting in place thereof, in each instance, the following words:- executive office.
SECTION 239. Section 3 of chapter 90H of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word “director” and inserting in place thereof the following word:- secretary.
SECTION 240. Section 62A of chapter 93 of the General Laws, as so appearing, is hereby amended by striking out, in line 132, the words “housing and”.
SECTION 241. Section 14 of chapter 94A of the General Laws, as so appearing, is hereby amended by striking out, in line 132, the words “housing and”.
SECTION 242. Section 14A of chapter 94G of the General Laws, as added by section 18 of chapter 180 of the acts of 2022, is hereby amended by striking out, each time they appear, the words “secretary of housing and economic development” and inserting in place thereof, in each instance, the following words:- secretary of economic development.
SECTION 243. Section 197E of chapter 111 of the General Laws, as appearing in the 2020 Official edition, is hereby amended by striking out, in lines 1 and 2, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 244. Said section 197E of said chapter 111, as so appearing, is hereby further amended by striking out, in lines 5 and 6, 14 and 15, 29, 32 and 33, 36 and 37, each time they appear, the words “director of housing and community development” and inserting in place thereof, in each instance, the following words:- secretary of housing and livable communities.
SECTION 245. Section 1 of chapter 115B, as inserted by section 67 of chapter 144 of the acts of 2022, is hereby amended by striking out, each time they appear, the words “housing and economic development” and inserting in place thereof, in each instance, the following words:- housing and livable communities.
SECTION 246. Section 2 of chapter 118I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 15, the words “housing and”.
SECTION 247. Section 1 of chapter 121A of the General Laws, as so appearing, is hereby amended by striking out the definition of “‘Housing board’ or ‘board’” and inserting in place thereof the following definition:-
“Housing board” or “board”, the executive office of housing and livable communities.
SECTION 248. Said section 1 of said chapter 121A, as so appearing, is hereby further amended by inserting, after the definition of “Project,” the following definition:-
“Secretary of economic development”, the secretary of the executive office of economic development established by section 16G of chapter 6A.
SECTION 249. Section 4 of said chapter 121A, as so appearing, is hereby amended by inserting, in line 1, after the word “board,” the following words:- in consultation with the secretary of economic development,.
SECTION 250. Section 5 of said chapter 121A, as so appearing, is hereby amended by adding the following paragraph:-
Notwithstanding any provision to the contrary in this chapter, whenever the application submitted to the housing board proposes the development of a project consisting solely or primarily of commercial or industrial uses, the department shall assign its responsibilities under this chapter to the secretary of economic development, with written notice to the applicant. Upon such assignment the secretary of economic development shall have authority to issue any certifications, waiver and approvals required under sections 6A and 10 and shall enter into the regulatory agreement required under section 18C.
SECTION 251. Section 9 of said chapter 121A, as so appearing, is hereby amended by striking out, in lines 32 and 33, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 252. Section 18C of said chapter 121A, as so appearing, is hereby amended by striking out, in lines 17 and 18, 25 and 26, 46 and 47, 48 and 49, the words “department of housing and community development”, each time they appear, and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 253. Section 1 of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities.
SECTION 254. Said section 1 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 99 and 100, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 255. Section 26 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 215, 218 and 219, 221, 225, 229 and 230, and lines 232 and 233, the words “of housing and community development” each time they appear.
SECTION 256. Section 26C of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 56 and 57, the words “director of the department or a designee of the director of the department” and inserting in place thereof the following words:- secretary of the executive office of housing and livable communities or a designee.
SECTION 257. Section 34B of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words “director or an associate director of housing and community development” and inserting in place thereof the following words:- secretary of the executive office of housing and livable communities or an officer to whom the secretary has delegated authority to act in the secretary’s name pursuant to section 65 of chapter 29.
SECTION 258. Said section 34B of said chapter 121B, as so appearing, is hereby further amended by striking out in lines 15, 19 and 20, and lines 21 and 22, the words “said director or associate director” and inserting in place thereof, in each instance, the following words:- said secretary or officer.
SECTION 259. Said section 34B of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 18, the word “director” and inserting in place thereof the following word:- secretary.
SECTION 260. Section 38D of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 65, 99, 337 and 344 the word “director” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 261. Section 43A of said chapter 121B, as so appearing, is hereby amended by striking out, in line 3, the words “of housing and community development”.
SECTION 262. The fourth paragraph of section 48 of said chapter 121B, as so appearing, is hereby amended by adding the following sentence:- If the urban renewal plan includes proposed commercial or industrial uses, the department shall provide notice of such urban renewal plan to the secretary of the executive office of economic development.
SECTION 263. Said section 48 of chapter 121B, as so appearing, is hereby further amended by inserting after the fifth paragraph, the following paragraph:-
Notwithstanding any provision to the contrary in this chapter, whenever an urban renewal plan entails the renewal of an area exclusively or primarily through the development of commercial or industrial uses, the department shall assign the responsibilities of this paragraph to the secretary of the executive office of economic development, with written notice to the applicant. Upon such assignment the secretary of economic development shall exercise all authority and assume all responsibilities of the department as granted or provided for by this chapter with respect to such urban renewal plan.
SECTION 264. Said section 48 of chapter 121B, as so appearing, is hereby further amended by striking out, in line 62, the words “by the department” and inserting in place thereof the following words:- pursuant to this section.
SECTION 265. Section 59 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 8 to 10, inclusive, the words “director of housing and community development or such associate director as he may from time to time designate” and inserting in place thereof the following words:- secretary of the executive office of housing and livable communities or an officer to whom the secretary has delegated authority to act in the secretary’s name pursuant to section 65 of chapter 29.
SECTION 266. Section 60 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “undersecretary of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 267. Said section 60 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 8, 22, 31 and 32, 37, 40 and 43, the word “undersecretary” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 268. Section 1 of chapter 121C of the General Laws, as so appearing, is hereby amended by striking out the definitions of “Director” and “MOBD”.
SECTION 269. Said section 1 of said chapter 121C, as so appearing, is hereby further amended by adding the following definition:-
(9) “Secretary,” the secretary of the executive office of economic development.
SECTION 270. Said section 1 of said chapter 121C, as so appearing, is hereby further amended by striking out, in lines 76 and 77, and 82, the word “director” each time it appears, and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 271. Section 3 of said chapter 121C, as so appearing, is hereby amended by striking out, in lines 30 and 31, the words “department of housing and community development” and inserting in place thereof the following word:- secretary.
SECTION 272. Section 2 of chapter 121D of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "Department of Housing and Community Development" and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 273. Said section 2 of said chapter 121D, as so appearing, is hereby further amended by striking out, in lines 3 and 4, and 6, each time it appears, the word “Department” and inserting in place thereof, in each instance, the following words:- executive office.
SECTION 274. Section 3 of said chapter 121D, as so appearing, is hereby amended by striking out, in line 47 and 48, the words “Department of Housing and Community Development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 275. Said section 3 of said chapter 121D, as so appearing, is hereby further amended by striking out, in line 50, the word “Department” and inserting in place thereof the following words:- executive office.
SECTION 276. Section 4 of said chapter 121D, as so appearing, is hereby amended by striking out, in line 3, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities.
SECTION 277. Said section 4 of said chapter 121D, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words “director of the Department of Housing and Community Development or his designee” and inserting in place thereof the following words:- secretary of housing and livable communities or a designee.
SECTION 278. Section 1 of chapter 121E of the General Laws, as so appearing, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities.
SECTION 279. Section 1 of chapter 121F of the General Laws, as so appearing, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department,” the executive office of housing and livable communities.
SECTION 280. Section 1 of chapter 121G of the General Laws, as so appearing, is hereby amended by striking out the definition of “Department” and inserting in place thereof the following definition:-
“Department”, the executive office of housing and livable communities.
SECTION 281. Section 32B of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 17 and 20, each time they appear, the words “director of housing and community development” and inserting in place thereof, in each instance, the following words:- secretary of housing and livable communities.
SECTION 282. Section 32L of said chapter 140, as so appearing, is hereby amended by striking out, in lines 20 and 21, 43 and 44, 49 and 50, and 100 and 101, each time they appear, the words “director of housing and community development” and inserting in place thereof, in each instance, the following words:- secretary of housing and livable communities.
SECTION 283. Said section 32L of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 54, 55, and 59, each time it appears, the word “director” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 284. Said section 32L of said chapter 140, as so appearing, is hereby further amended by striking out, in line 101, the word “director’s” and inserting in place thereof the following word:- secretary’s.
SECTION 285. Section 32P of said chapter 140, as so appearing, is hereby amended by striking out, in line 27, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 286. Said section 32P of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 29 and 30, each time it appears, the word “director” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 287. Section 32R of said chapter 140, as so appearing, is hereby amended by striking out, in lines 6, 15 and 16, and lines 99 and100, each time they appear, the words “director of housing and community development” and inserting in place thereof, in each instance, the following words:- secretary of housing and livable communities.
SECTION 288. Section 64 of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out, in line 20, the words “housing and”.
SECTION 289. Section 97 of chapter said chapter 143, as so appearing, is hereby amended by striking out, in line 21, the words “housing and”.
SECTION 290. Section 4 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out, in lines 324 and 396, each time they appear, the words “department of housing and community development” and inserting in place thereof, in each instance, the following words:- executive office of housing and livable communities.
SECTION 291. Section 5 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in lines 133 and 134, the words “department of housing and community development” and inserting in place thereof the following words:- executive office of housing and livable communities, the executive office of economic development.
SECTION 292. Section 69H of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the words “housing and”.
SECTION 293. Section 32 of chapter 184 of the General Laws, as so appearing, is hereby amended by striking out, in lines 27 and 28, 37 and 38, 65 and 66, and lines 88 and 89, each time they appear, the words “director of housing and community development” and inserting in place thereof, in each instance, the following words:- secretary of housing and livable communities.
SECTION 294. Section 33 of said chapter 184, as so appearing, is hereby amended by striking out, in line 42, the words “director of housing and community development” and inserting in place thereof the following words:- secretary of housing and livable communities.
SECTION 295. Said section 33 of said chapter 184, as so appearing, is hereby further amended by striking out, in line 48, the word:- “director”.
SECTION 296. Section 31 of chapter 186 of the General Laws, as added by section 1 of chapter 107 of the acts of 2022, is hereby amended by striking out, each time they appear, the words “housing and economic development” and inserting in place thereof, in each instance, the following words:- housing and livable communities.
SECTION 297. (a) Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property and legal obligations and functions of state government from: (i) the executive office of economic development, as transferor agency, to the executive office of housing and livable communities, as transferee agency; or (ii) the executive office of housing and livable communities, as transferor agency, to the executive office of economic development, as transferee agency.
(b) Subject to appropriation, any employees transferred to the transferee agency, including those who immediately before the effective date of this act held permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or did not hold such tenure, or held confidential positions, are hereby transferred to the transferee agency, without interruption of service within the meaning of section 9A of chapter 30, without impairment of seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, vacation and benefits, and without change in union representation or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either held a permanent appointment in a position classified under chapter 31 of the General Laws or had tenure in a position by reason of section 9A of chapter 30 of the General Laws.
(c) Notwithstanding any general or special law to the contrary, all such employees shall continue to retain their right to bargain collectively pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of chapter 150E. Nothing in this section shall confer upon any employee any right not held immediately before the date of the transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge or layoff not prohibited before such date; nor shall anything in this section prohibit the abolition of any management position within the executive office of economic development or the executive office of housing and livable communities.
(d) All petitions, requests, investigations, filings and other proceedings appropriately and duly brought before the transferor agency, or pending before it before the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the transferee agency.
(e) All orders, advisories, findings, rules and regulations duly made and all approvals duly granted by the transferor agency, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the transferee agency.
(f) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of the transferor agency, shall be transferred to the transferee agency.
(g) All duly existing contracts, leases and obligations of the transferor agency, shall continue in effect but shall be assumed by the transferee agency. No such existing right or remedy of any character shall be lost, impaired or affected by this act.
SECTION 298. This act shall take effect 30 days following enactment pursuant to subsection (c) of section 2 of Article LXXXVII of the Amendments to the Constitution.
Senate, April 13, 2023.
Approved (under the provisions of Article LXXXVII of the Amendments to the Constitution and Joint Rule 23A).
Karen E. Spilka, President.
Michael D. Hurley, Clerk.
House of Representatives, May 1, 2023.
In accordance with the provisions of Section 2, paragraph (a) of Article LXXXVII of the Amendments to the Constitution, the reorganization plan has taken force of law, not having been disapproved by the House of Representatives.
Ronald Mariano, Speaker.
Timothy Carroll, Acting Clerk.
Approved, May 4, 2023.