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HOUSE DOCKET, NO. 1944 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2066
The Commonwealth of Massachusetts
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PRESENTED BY:
Kevin G. Honan
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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 encouraging public-private partnerships to create affordable housing at public sites.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kevin G. Honan17th Suffolk1/19/2023 1 of 2
HOUSE DOCKET, NO. 1944 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2066
By Representative Honan of Boston, a petition (accompanied by bill, House, No. 2066) of Kevin
G. Honan relative to the conveyance of municipal property for the construction of mixed-use
developments that include housing. Municipalities and Regional Government.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2188 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act encouraging public-private partnerships to create affordable housing at public sites.
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. Subject to section 16 of chapter 30B of the General Laws, a City of Town
2may convey property by a ground lease, or any interest therein, to a private developer, urban
3redevelopment corporation organized under chapter 121A of the General Laws, or nonprofit
4corporation for the purpose of having that entity construct a mixed-use development that
5includes housing and a municipal facility, including a public library, police station, or fire
6station; provided, however, that the City or Town shall convey such property or other interest
7therein on the condition that the City retain, or be entitled to reacquire, the portion of the
8development that contains a municipal facility, whether in fee simple, as a condominium, or
9through any other such interest as shall provide to the public the use of the municipal facility in
10perpetuity until such time as the City or Town shall no longer need it for a municipal purpose 2 of 2
11and dispose of it in accordance with law. At least 40 percent of the housing units in any such
12mixed-use development shall have an affordable housing restriction, as defined in section 31 of
13chapter 184 of the General Laws, and be made affordable to low or moderate income households
14with a maximum income of no more than 80 percent of Area Median Income, as defined by the
15U.S. Department of Housing and Urban Development.
16 SECTION 2. Subject to section 16 of chapter 30B of the General Laws, any City or Town
17may acquire property, or any interest therein, for the purpose of transferring the property
18pursuant to section 1 for the construction by a third-party of a mixed-use development that
19includes a municipal facility and housing, of which at least 40 percent of the housing units would
20have an affordable housing restriction, as defined in section 31 of chapter 184 of the General
21Laws, and be made affordable to low or moderate income households with a maximum income
22of no more than 80 percent of Area Median Income, as defined by the U.S. Department of
23Housing and Urban Development.
24 SECTION 3. Construction and development activity related to the construction,
25relocation, and redevelopment of a mixed-use development that includes a municipal facility
26shall not be subject to any general or special law related to the procurement and award of
27contracts for the construction, reconstruction, installation, demolition, maintenance or repair of
28buildings by a public agency, except that all such work shall be subject to sections 26 to 27H,
29inclusive, of chapter 149 of the General Laws.
30 SECTION 4. This act shall take effect upon its passage.