Massachusetts S 2848: Amendment S.2848

Bill Text

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SENATE . . . . . . . . . . . . . . No. 2848
Senate, June 27, 2024 -- Text of amendment (301) (offered by Senator Miranda) to the Ways and
Means amendment (Senate, No. 2834) to the Senate Bill relative to the Affordable Housing Act

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)
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1 by adding the following sections:
2 SECTION XX. (a) For the purposes of this section, the following terms shall have the
3 following meanings unless the context clearly requires otherwise:
4 “Local approval”, by a majority vote of the: (i) city council with the approval of the
5 mayor in the case of a city with a mayor elected to serve as the chief executive officer of the city;
6 (ii) city council in every other city; (iii) annual town meeting or a special town meeting called for
7 that purpose in the case of a municipality with a town meeting form of government; or (iv) town
8 council in the case of a municipality with a town council form of government.
9 (b) The executive office of housing and livable communities shall establish a
10 demonstration project in which cities and towns may, notwithstanding any other general or
11 special law to the contrary, adopt and amend a transfer fee pursuant to Section 55D of Section
12 44.
13 (c) The executive office of housing and livable communities shall approve not more than
14 22 applications for participation in the demonstration project under this section. No city or town
15 shall apply for acceptance into the demonstration project until it has received local approval and

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16 has submitted a home rule petition to the general court on the subject matter of this section;
17 provided, that the department shall issue approvals under this section to not more than 22
18 applications in the order in which cities and towns have submitted or submit home rule petitions
19 to the general court.
20
21 (e) The executive office of housing and livable communities shall collect data from cities
22 and towns approved under this section to monitor impacts of the transfer fees by this section on
23 real estate transfers, housing construction, affordable housing construction, and other criteria as
24 set by the department in consultation with participating cities and towns and the secretary of
25 housing and livable communities. Not later than September 30, 2026, and every 2 years
26 thereafter, executive office of housing and livable communities shall compile a report to be filed
27 not later than September 30 for the 2 previous calendar years with the senate and house
28 committees on ways and means, the joint committee on housing and the joint committee on
29 Revenue. The report shall summarize the data required to be collected under this paragraph and
30 shall include, but not be limited to, an analysis on housing production, housing affordability,
31 home sales, municipal revenues, and any other matters set forth by the department after
32 consultation with municipalities and with individuals, organizations and institutions
33 knowledgeable about issues of housing. The report shall also include recommendations for the
34 continuation or termination of the demonstration project.
35 (f) The executive office of housing and livable communities, in consultation with the
36 Department of Revenue, may promulgate regulations to implement this section. If regulations are
37 promulgated, said regulations shall be promulgated no later than July 1, 2025.

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38
39 SECTION XX. Paragraph (1) of subsection (c) of section 55C of chapter 44, as appearing
40 in the 2022 Official Edition, is hereby amended by inserting in line 35, after the words “money
41 from chapter 44B”, the following words:- and section 55D; provided, however, that any such
42 money received from section 55D shall be used exclusively for adaptive reuse, production or
43 preservation of affordable housing, uses allowed by the municipal affordable housing trust fund
44 established hereunder or a regional affordable housing commission fund established by general
45 or special law, for assistance to a housing authority as defined under section 1 of chapter 121B or
46 other affordable housing purposes as determined by the Executive Office of Housing and Livable
47 Communities.
48
49 SECTION XX. Said section 55C of said chapter 44, as so appearing, is hereby further
50 amended, by inserting after the word “fee,”, in line 99, the following words:- transfer fee
51 pursuant to section 55D.
52
53 SECTION XX. Said chapter 44 is hereby further amended by inserting after section 55C
54 the following section:-
55 Section 55D. (a) For purposes of this section, the following words shall, unless the
56 context clearly requires otherwise, have the following meanings:-
57 “Affidavit of transfer fee”, an affidavit signed under the pains and penalties of perjury by
58 the settlement agent that attests to (i) the true and complete purchase or sale price of the transfe