Massachusetts HD 1240: An Act relative to transportation infrastructure value capture

Bill Text

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HOUSE DOCKET, NO. 1240 FILED ON: 1/16/2019
HOUSE . . . . . . . . . . . . . . . No. 3146

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
William M. Straus
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to transportation infrastructure value capture.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
William M. Straus 10th Bristol 1/16/2019
Joseph W. McGonagle, Jr. 28th Middlesex 1/29/2019
Adrian C. Madaro 1st Suffolk 1/29/2019
Mike Connolly 26th Middlesex 1/25/2019
William N. Brownsberger Second Suffolk and Middlesex 1/25/2019
Steven Ultrino 33rd Middlesex 1/28/2019
Christine P. Barber 34th Middlesex 1/29/2019
David M. Rogers 24th Middlesex 1/29/2019
Jennifer E. Benson 37th Middlesex 1/29/2019
Norman J. Orrall 12th Bristol 1/30/2019
Susan Williams Gifford 2nd Plymouth 1/30/2019
Antonio F. D. Cabral 13th Bristol 1/30/2019
Kevin G. Honan 17th Suffolk 1/30/2019
Paul McMurtry 11th Norfolk 1/30/2019
Carmine Lawrence Gentile 13th Middlesex 1/30/2019
Tommy Vitolo 15th Norfolk 1/31/2019
Harold P. Naughton, Jr. 12th Worcester 2/1/2019
David Henry Argosky LeBoeuf 17th Worcester 2/1/2019

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Jonathan Hecht 29th Middlesex 2/1/2019
Kate Hogan 3rd Middlesex 2/1/2019
Linda Dean Campbell 15th Essex 2/1/2019
Liz Miranda 5th Suffolk 2/1/2019
Maria Duaime Robinson 6th Middlesex 2/1/2019
Thomas M. Stanley 9th Middlesex 2/1/2019
James B. Eldridge Middlesex and Worcester 2/1/2019
Elizabeth A. Malia 11th Suffolk 2/1/2019
Jack Patrick Lewis 7th Middlesex 2/1/2019
Michelle L. Ciccolo 15th Middlesex 2/1/2019
Kay Khan 11th Middlesex 2/1/2019
David Biele 4th Suffolk 2/1/2019

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HOUSE DOCKET, NO. 1240 FILED ON: 1/16/2019
HOUSE . . . . . . . . . . . . . . . No. 3146
By Mr. Straus of Mattapoisett, a petition (accompanied by bill, House, No. 3146) of William M.
Straus and others relative to supplemental infrastructure financing for transportation.
Transportation.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1893 OF 2017-2018.]

The Commonwealth of Massachusetts

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

An Act relative to transportation infrastructure value capture.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
provide supplemental infrastructure financing for transportation, therefore it is hereby declared to
be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. The General Laws, as appearing in the 2014 Official Edition, are hereby
2 amended by inserting after chapter 40W, the following new chapter:-
3 Chapter 40X. Supplemental Infrastructure Financing for Transportation.
4 Section 1. As used in this chapter, the following words shall, unless the context clearly
5 requires otherwise, have the following meanings:-

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6 “Base date”, the last assessment date of the real property tax immediately preceding the
7 creation of the SIFT district, or any other assessment date designated as the base date in a SIFT
8 agreement.
9 “Department”, the Massachusetts Department of Transportation.
10 “Financial plan”, a statement of the costs and sources of revenue required to complete
11 construction of the transportation project, which shall include: (1) cost estimates; (2) the
12 projected amount of indebtedness to be incurred by the municipality, the department the
13 Massachusetts Bay Transportation Authority, or a regional transit authority; and (3) any other
14 sources of anticipated capital, including but not limited to any federal funding.
15 “Original assessed value”, the aggregate assessed value of all properties within the SIFT
16 district as of the base date.
17 “Secretary”, the secretary of the Massachusetts Department of Transportation.
18 “SIFT agreement”, an agreement for supplemental infrastructure financing for
19 transportation entered into by the secretary and a municipality and approved by the municipality
20 in accordance with section 2 authorizing a municipality to collect and remit tax increment
21 revenue in accordance with this chapter.
22 “SIFT district”, a specified area within the corporate limits of a municipality as set forth
23 in the SIFT agreement.
24 “Tax increment”, all annual increases in the municipality’s limit on total taxes assessed
25 under section 21C(f) of chapter 59 that are attributable to parcels within the district for fiscal
26 years with an assessment date later than the base date. The tax increment shall also include the

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27 part of increases in the limit on total taxes assessed allowed under subsection (f) of section 21C
28 of chapter 59 that are