Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2106 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1816 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2106
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey N. Roy
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to improve parking and pedestrian safety.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/18/2023 1 of 5
16	16	HOUSE DOCKET, NO. 1816 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2106
18	18	By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 2106) of Jeffrey
19	19	N. Roy for legislation to improve parking and pedestrian safety and for the creation of a
20	20	pedestrian safety design advisory group (including members of the General Court) to improve
21	21	the safety of parking lots and public spaces. Municipalities and Regional Government.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to improve parking and pedestrian safety.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 22 of the General Laws, as appearing in the 2020 Official Edition,
31	31	2is hereby amended by adding the following section:-
32	32	3 Section 23. (a) In a city or town, where municipal on-street angle or perpendicular
33	33	4parking is provided adjacent to a commercial building, there shall be constructed safety
34	34	5appurtenances to: (i) separate parking spaces from the sidewalk or frontage area of the building,
35	35	6(ii) prevent a motor vehicle from erroneously moving onto the sidewalk or other frontage to said
36	36	7building where pedestrian activity is likely to occur, and (iii) prevent a motor vehicle from
37	37	8coming into contact with the building structure. For purposes of this section, the term
38	38	9commercial building shall mean the construction, reconstruction or substantial rehabilitation to
39	39	10enlarge or extend an existing building or structure so as to increase its gross floor area, which is
40	40	11intended for 1 or more of the following uses: (1) office, (2) retail business or service, (3) 2 of 5
41	41	12institutional or educational, or (4) hotel or motel; provided, that such construction, reconstruction
42	42	13or substantial rehabilitation shall exceed $1,000,000 in cost.
43	43	14 (b) The owner of a commercial building shall design any enclosed or off-street parking
44	44	15lots or facilities for commercial developments, districts or buildings in a way that maintains a
45	45	16safe walking distance between the denoted parking and the entryway to the building. The owner
46	46	17of a commercial building shall construct safety appurtenances to separate the parking spaces
47	47	18from the walkway and to prevent a motor vehicle from erroneously leaving the parking area and
48	48	19entering the walkway or colliding with the building.
49	49	20 (c) Safety appurtenances shall have the ability to physically stop a motor vehicle from
50	50	21breaching the pedestrian walkway or building frontage and structure. The safety appurtenances
51	51	22may be either a standard structural bollard, retaining wall, landscape planter or any other
52	52	23structural member or frame that will withstand the force of the motor vehicle and prevent it from
53	53	24crashing through to the pedestrian walkway or building frontage and structure.
54	54	25 (d) All safety appurtenances shall be constructed based on local zoning ordinances and
55	55	26bylaws so as to not reduce the sidewalk or the building frontage below the minimum width
56	56	27required for pedestrian accessibility under the architectural access board regulations,
57	57	28promulgated pursuant to section 13A of chapter 22. No municipality or agency shall approve a
58	58	29plan or grant a permit for a commercial development or district unless the plan and proposed
59	59	30development includes the safety appurtenances required pursuant to this section.
60	60	31 (e) The department may issue a waiver for buildings and developments for which unique
61	61	32circumstances make compliance with the requirements of this section an unreasonable burden.
62	62	33Developers shall submit requests in writing that include an explanation of the unique 3 of 5
63	63	34circumstances and information on alternative safety measures included in the project’s design
64	64	35that will protect against vehicle incursions on sidewalks or into buildings. The board shall
65	65	36maintain records of waiver requests and outcomes in a written and publicly-accessible form.
66	66	37 (f) The department shall promulgate rules and regulations relative to the construction,
67	67	38installation and maintenance of such safety appurtenances.
68	68	39 SECTION 2. Said Chapter 22, as so appearing, is hereby amended by adding the
69	69	40following section:-
70	70	41 Section 23A. There shall be a commission known as the Pedestrian Safety Design
71	71	42Advisory Group, referred to in this section as the commission. The commission shall investigate
72	72	43best practices for planning, design, installation, and maintenance of physical safety measures to
73	73	44improve the safety of parking lots and public spaces and shall develop recommendations for
74	74	45rules and regulations governing the installation of bollards, appurtenances, or other physical
75	75	46safety improvements designed to protect sidewalks and other public spaces from vehicle
76	76	47encroachment.
77	77	48 The commission shall consist of 15 members, 1 of whom shall be a member of the house
78	78	49of representatives appointed by the speaker of the house of representatives; 1 member of the
79	79	50house of representatives to be appointed by the minority leader of the house; 1 of whom shall be
80	80	51a member of the senate appointed by the president of the senate; 1 member of the senate to be
81	81	52appointed by the senate minority leader; 1 of whom shall be the secretary of the executive office
82	82	53of public safety and security or a designee, who shall serve as chair; 1 of whom shall be the
83	83	54executive director of the architectural access board or a designee; 1 of whom shall be the
84	84	55executive director of the Massachusetts School Building Authority or a designee; 1 of whom 4 of 5
85	85	56shall be the secretary of the Department of Transportation or a designee; 1 of whom shall be a
86	86	57professional engineer appointed by the American Council of Engineering Companies of
87	87	58Massachusetts; 1 of whom shall be appointed by the Massachusetts Municipal Association; 1 of
88	88	59whom shall be appointed by appointed by NAIOP Massachusetts; 1 of whom shall be appointed
89	89	60by the Massachusetts chapter of the American Institute of Architects; 1 of whom shall be
90	90	61appointed by The Massachusetts Property Insurance Underwriting Association; 1 of whom shall
91	91	62be appointed by the Associated General Contractors of Massachusetts; and 1 of whom shall be
92	92	63appointed by the New England chapter of the American Public Works Association.
93	93	64 The commission shall submit a report with recommendations for best practices and any
94	94	65draft rules and regulations to the Executive Office of Public Safety and the chairs of the Joint
95	95	66Committee on Transportation by December 31, 2024.
96	96	67 SECTION 3. Section 1 of Chapter 90I of the General Laws, as so appearing, is hereby
97	97	68amended by striking the words “and (v)” and inserting in place thereof the following:-
98	98	69 “ (v) ensure that eligible projects comply with the requirements of section 101 of chapter
99	99	70143 and any additional rules or regulations promulgated by the department; and (vi)”
100	100	71 SECTION 4. Chapter 175 of the General Laws, as so appearing, is hereby amended by
101	101	72adding the following section:-
102	102	73 Section 230. (a) An insurer may consider the installation of safety appurtenances that
103	103	74comply with section 101 of chapter 143 to protect persons located within, or in or on the property
104	104	75of, buildings, or to protect pedestrians, from collisions into those buildings by motor vehicles, on
105	105	76a commercial property parking lot as a safety measure and may provide or offer a discount on the
106	106	77property owner's insurance covering damage or loss to the covered commercial property, or 5 of 5
107	107	78liability arising out of the ownership, maintenance, or use of the commercial property relative to
108	108	79the reduced risk to the property as a result of installation of the appurtenances.
109	109	80 (b) The commissioner may promulgate rules and regulations to implement the
110	110	81requirements of this section.
111	111	82 SECTION 5. Sections 1, 3, and 4 of this act shall go into effect on July 1, 2024.
112	112	83 SECTION 6. Safety appurtenances required pursuant to this act shall only be required for
113	113	84commercial building permitted after the effective date of this act.