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HOUSE DOCKET, NO. 1249 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 3603
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Vanna Howard
_________________
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 to improve parking and pedestrian safety.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Vanna Howard17th Middlesex1/10/2023 1 of 5
HOUSE DOCKET, NO. 1249 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 3603
By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 3603) of
Vanna Howard relative to requiring the construction of protective parking bollards and
establishing a special commission (including members of the General Court) on improving
parking and pedestrian safety. Municipalities and Regional Government.
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 to improve parking and pedestrian safety.
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. Chapter 22 of the General Laws is hereby amended by adding the following
2section:-
3 Section 23. (a) In a city or town, where municipal on-street angle or perpendicular
4parking is provided adjacent to a commercial building, there shall be constructed safety
5appurtenances to: (i) separate parking spaces from the sidewalk or frontage area of the building,
6(ii) prevent a motor vehicle from erroneously moving onto the sidewalk or other frontage to said
7building where pedestrian activity is likely to occur, and (iii) prevent a motor vehicle from
8coming into contact with the building structure. For purposes of this section, the term
9commercial building shall mean the construction, reconstruction or substantial rehabilitation to
10enlarge or extend an existing building or structure so as to increase its gross floor area, which is
11intended for 1 or more of the following uses: (1) office, (2) retail business or service, (3) 2 of 5
12institutional or educational or (4) hotel or motel; provided, that such construction, reconstruction
13or substantial rehabilitation exceeds $1,000,000 in cost.
14 (b) The owner of a commercial building shall design any enclosed or off-street parking
15lots or facilities for commercial developments, districts or buildings in a way that maintains a
16safe walking distance between the denoted parking and the entryway to the building. The owner
17of a commercial building shall construct safety appurtenances to separate the parking spaces
18from the walkway and to prevent a motor vehicle from erroneously leaving the parking area and
19entering the walkway or colliding with the building.
20 (c) Safety appurtenances shall have the ability to physically stop a motor vehicle from
21breaching the pedestrian walkway or building frontage and structure. The safety appurtenances
22may be either a standard structural bollard, retaining wall, landscape planter or any other
23structural member or frame that will withstand the force of the motor vehicle and prevent it from
24crashing through to the pedestrian walkway or building frontage and structure.
25 (d) All safety appurtenances shall be constructed based on local zoning ordinances and
26bylaws to not reduce the sidewalk or the building frontage below the minimum width required
27for pedestrian accessibility under the architectural access board regulations, promulgated
28pursuant to section 13A. No municipality or agency shall approve a plan or grant a permit for a
29commercial development or district unless the plan and proposed development includes the
30safety appurtenances required pursuant to this section.
31 (e) The division may issue a waiver for buildings and developments for which unique
32circumstances make compliance with the requirements of this section an unreasonable burden.
33Developers shall submit requests in writing that include an explanation of the unique 3 of 5
34circumstances and information on alternative safety measures included in the project’s design
35that will protect against vehicle incursions on sidewalks or into buildings. The board shall
36maintain records of waiver requests and outcomes in a written and publicly-accessible form.
37 (f) The division shall promulgate rules and regulations relative to the construction,
38installation and maintenance of such safety appurtenances.
39 SECTION 2. Said chapter 22 of the General Laws is hereby further amended by adding
40the following section:-
41 Section 24. There shall be a commission known as the Pedestrian Safety Design Advisory
42Group, referred to in this section as the commission. The commission shall investigate best
43practices for planning, design, installation and maintenance of physical safety measures to
44improve the safety of parking lots and public spaces and shall develop recommendations for
45rules and regulations governing the installation of bollards, appurtenances or other physical
46safety improvements designed to protect sidewalks and other public spaces from vehicle
47encroachment.
48 The commission shall consist of 15 members, 1 of whom shall be a member of the house
49of representatives appointed by the speaker of the house of representatives; 1 member of the
50house of representatives to be appointed by the minority leader of the house; 1 of whom shall be
51a member of the senate appointed by the president of the senate; 1 member of the senate to be
52appointed by the senate minority leader; 1 of whom shall be the secretary of the executive office
53of public safety and security or a designee, who shall serve as chair; 1 of whom shall be the
54executive director of the architectural access board or a designee; 1 of whom shall be the
55executive director of the Massachusetts School Building Authority or a designee; 1 of whom 4 of 5
56shall be the secretary of the Massachusetts Department of Transportation or a designee; 1 of
57whom shall be a professional engineer appointed by the American Council of Engineering
58Companies of Massachusetts; 1 of whom shall be appointed by the Massachusetts Municipal
59Association; 1 of whom shall be appointed by appointed by NAIOP Massachusetts; 1 of whom
60shall be appointed by the Massachusetts chapter of the American Institute of Architects; 1 of
61whom shall be appointed by The Massachusetts Property Insurance Underwriting Association; 1
62of whom shall be appointed by the Associated General Contractors of Massachusetts; and 1 of
63whom shall be appointed by the New England chapter of the American Public Works
64Association.
65 The commission shall annually submit a report with recommendations for best practices
66and any draft rules and regulations to the executive office of public safety and the chairs of the
67joint committee on transportation by December 31.
68 SECTION 3. Section 3 of chapter 90I of the General Laws, as appearing in the 2020
69Official Edition, is hereby amended by striking out, in line 11, the words “and (v)” and inserting
70in place thereof the following words:-
71 (v) ensure that eligible projects comply with any rules or regulations promulgated by the
72department; and (vi)”
73 SECTION 4. Chapter 175 of the General Laws is hereby amended by adding the
74following section:-
75 Section 231. (a) An insurer may consider the installation of safety appurtenances to
76protect persons located within, or in or on the property of, buildings, or to protect pedestrians,
77from collisions into those buildings by motor vehicles, on a commercial property parking lot as a 5 of 5
78safety measure and may provide or offer a discount on the property owner's insurance covering
79damage or loss to the covered commercial property, or liability arising out of the ownership,
80maintenance, or use of the commercial property relative to the reduced risk to the property as a
81result of installation of the appurtenances.
82 (b) The commissioner may promulgate rules and regulations to implement the
83requirements of this section.
84 SECTION 5. Sections 1, 3, and 4 of this act shall take effect on July 1, 2024.
85 SECTION 6. Safety appurtenances required pursuant to this act shall only be required for
86commercial building permitted after the effective date of this act.