Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2740 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. 3085 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2740
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michelle L. Ciccolo
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 establish a surcharge on specific commercial development activities for the purpose of
13	13	funding the creation of community housing.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/20/2023Cindy F. FriedmanFourth Middlesex1/20/2023Michael J. BarrettThird Middlesex1/27/2023 1 of 3
17	17	HOUSE DOCKET, NO. 3085 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 2740
19	19	By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 2740) of
20	20	Michelle L. Ciccolo, Cindy F. Friedman and Michael J. Barrett (by vote of the town) that the
21	21	town of Lexington be authorized to establish a surcharge on specific commercial development
22	22	activities for the purpose of funding the creation of community housing. Revenue. [Local
23	23	Approval Received.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to establish a surcharge on specific commercial development activities for the purpose of
30	30	funding the creation of community housing.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1: In order to mitigate the impact of the increased demand for housing
34	34	2generated by employees of new commercial development wanting to live within Lexington, a
35	35	3commercial linkage fee, hereafter referred to as "the community housing surcharge" or "the
36	36	4surcharge," shall be added by the Town of Lexington to all commercial construction building
37	37	5permits issued by said town for non-municipal structures with a gross floor area more than thirty
38	38	6thousand (30,000) square feet. The surcharge shall apply only to the floor area of new
39	39	7construction or modification to existing structures in excess of thirty thousand (30,000) square
40	40	8feet (“excess gross floor area”). For building permits that authorize modification of existing
41	41	9structures, the building commissioner of the Town of Lexington shall determine the applicable
42	42	10excess gross floor area. If the building permit authorizes both commercial and residential uses, 2 of 3
43	43	11the square footage of the structure dedicated to residential use shall not be included in the
44	44	12calculation of excess gross floor area for purposes of this Act.
45	45	13 SECTION 2: The Select Board of the Town of Lexington shall determine the amount of
46	46	14the community housing surcharge, which shall be applied on a dollars-per-square-foot basis on
47	47	15the certified total excess gross floor area of the structure or structures permitted by an applicable
48	48	16building permit. The Select Board shall prepare a study to determine the initial surcharge rate
49	49	17range and shall set an initial surcharge rate within twelve (12) months of the effective date of this
50	50	18act. The Select Board or its designee shall adjust the rate of the surcharge annually for inflation.
51	51	19 SECTION 3: The Town Manager of the Town of Lexington or their designee shall
52	52	20prepare a study every five (5) years to determine the suitability, effect, and amount of the
53	53	21surcharge, and recommend to the Select Board any possible changes necessary to address
54	54	22changing demand for community housing. The Town Manager or their designee shall also
55	55	23prepare and issue an annual report that identifies surcharge receipts, quantifies the attributes of
56	56	24community housing projects funded by the community housing surcharge, and evaluates the
57	57	25impact of said housing projects.
58	58	26 SECTION 4: The Select Board of the Town of Lexington may adopt additional
59	59	27requirements, exemptions, and regulations to implement or enforce said community housing
60	60	28surcharge, consistent with this act.
61	61	29 SECTION 5. The community housing surcharge required by this act must be paid in three
62	62	30(3) equal installments whose amounts shall be determined at the time of levy, with one payment
63	63	31required per annum. The building commissioner of the Town of Lexington shall not issue a
64	64	32certificate of occupancy Town of Lexington for real property subject to this act before the first 3 of 3
65	65	33installment of the community housing surcharge has been paid. The second and third
66	66	34installments must be paid annually on the anniversary of the first payment, or the next business
67	67	35day if that date falls on a weekend or federal, state, or local holiday. The building commissioner
68	68	36of the Town of Lexington shall levy fines for development that is not in compliance with the
69	69	37provisions of this act, and shall consider each day of noncompliance as a separate offense.
70	70	38 SECTION 6: All surcharges and fines received pursuant to this act shall be deposited into
71	71	39the Town of Lexington Affordable Housing Capital Stabilization Fund or an affordable housing
72	72	40trust established by the Town pursuant to section 55C of chapter 44 of the General Laws or any
73	73	41special act.
74	74	42 SECTION 7: For the purposes of this act, “community housing” shall mean as defined
75	75	43under section 2 of chapter 44B of the General Laws.
76	76	44 SECTION 8: This act shall take effect upon its passage.