| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 3213 FILED ON: 1/20/2023 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3923 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | William J. Driscoll, Jr. |
|---|
| 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 addressing the requirement that multi-family districts in MBTA communities be within |
|---|
| 13 | 13 | | 0.5 miles of a commuter rail station, subway station, ferry terminal or bus station. |
|---|
| 14 | 14 | | _______________ |
|---|
| 15 | 15 | | PETITION OF: |
|---|
| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:William J. Driscoll, Jr.7th Norfolk1/20/2023 1 of 3 |
|---|
| 17 | 17 | | HOUSE DOCKET, NO. 3213 FILED ON: 1/20/2023 |
|---|
| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 3923 |
|---|
| 19 | 19 | | By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 3923) of |
|---|
| 20 | 20 | | William J. Driscoll, Jr., that zoning ordinances in MBTA communities require certain housing be |
|---|
| 21 | 21 | | located within high-capacity public transportation areas. Municipalities and Regional |
|---|
| 22 | 22 | | Government. |
|---|
| 23 | 23 | | The Commonwealth of Massachusetts |
|---|
| 24 | 24 | | _______________ |
|---|
| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
|---|
| 26 | 26 | | (2023-2024) |
|---|
| 27 | 27 | | _______________ |
|---|
| 28 | 28 | | An Act addressing the requirement that multi-family districts in MBTA communities be within |
|---|
| 29 | 29 | | 0.5 miles of a commuter rail station, subway station, ferry terminal or bus station. |
|---|
| 30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 31 | 31 | | of the same, as follows: |
|---|
| 32 | 32 | | 1 Chapter 40A of the General Laws is hereby amended by striking out section 3A, as |
|---|
| 33 | 33 | | 2appearing in the 2022 Official Edition, and inserting in place thereof the following section:- |
|---|
| 34 | 34 | | 3 (a) For the purposes of this section the following words shall, unless the context clearly |
|---|
| 35 | 35 | | 4requires otherwise, have the following meanings: |
|---|
| 36 | 36 | | 5 “Bus rapid transport terminal”, a bus rapid transit stop serving as a point of embarkation |
|---|
| 37 | 37 | | 6along a bus rapid transit corridor for a high capacity bus rapid transport system that either meets |
|---|
| 38 | 38 | | 7the standards of a bus rapid transit system set forth by the Institute for Transportation and |
|---|
| 39 | 39 | | 8Development Policy or the Massachusetts Bay Transportation Authority’s silver line. |
|---|
| 40 | 40 | | 9 “Commuter rail station”, a transit stop that provides year-round commuter rail service. 2 of 3 |
|---|
| 41 | 41 | | 10 “Ferry terminal”, a transit stop where passengers board and disembark a Massachusetts |
|---|
| 42 | 42 | | 11Bay Transportation Authority ferry service. |
|---|
| 43 | 43 | | 12 “High capacity public transportation area”, a bus rapid transport terminal, a commuter |
|---|
| 44 | 44 | | 13rail station, a ferry terminal or rapid transit station. |
|---|
| 45 | 45 | | 14 “Rapid transit station”, Massachusetts Bay Transportation Authority’s green, red, blue |
|---|
| 46 | 46 | | 15and orange subway stations, but not including the Ashmont-Mattapan High-Speed trolley line |
|---|
| 47 | 47 | | 16and stations. |
|---|
| 48 | 48 | | 17 (b) An MBTA community shall have a zoning ordinance or by-law that provides for at |
|---|
| 49 | 49 | | 18least 1 district of reasonable size in which multi-family housing is permitted as of right provided, |
|---|
| 50 | 50 | | 19however, that such multi-family housing shall be without age restrictions and shall be suitable |
|---|
| 51 | 51 | | 20for families with children. A district of reasonable size shall be located within a high capacity |
|---|
| 52 | 52 | | 21public transportation area and be both of the following: |
|---|
| 53 | 53 | | 22 (i) a minimum gross density of 15 units per acre, subject to any further limitations |
|---|
| 54 | 54 | | 23imposed by section 40 of chapter 131 and title 5 of the state environmental code established |
|---|
| 55 | 55 | | 24pursuant to section 13 of chapter 21A; and |
|---|
| 56 | 56 | | 25 (ii) the entire district shall be located on not more than 0.5 miles of contiguous land area |
|---|
| 57 | 57 | | 26from the geographic center point of a rapid transit station, commuter rail station, bus rapid |
|---|
| 58 | 58 | | 27transport terminal or ferry terminals. |
|---|
| 59 | 59 | | 28 (c) An MBTA community that fails to comply with this section shall not be eligible for |
|---|
| 60 | 60 | | 29funds from: (i) the Housing Choice Initiative as described by the governor in a message to the |
|---|
| 61 | 61 | | 30general court dated December 11, 2017; (ii) the Local Capital Projects Fund established in 3 of 3 |
|---|
| 62 | 62 | | 31section 2EEEE of chapter 29; or (iii) the MassWorks infrastructure program established in |
|---|
| 63 | 63 | | 32section 63 of chapter 23A. |
|---|
| 64 | 64 | | 33 (d) The department of housing and community development, in consultation with the |
|---|
| 65 | 65 | | 34Massachusetts Bay Transportation Authority and the Massachusetts Department of |
|---|
| 66 | 66 | | 35 Transportation, shall promulgate guidelines to determine if an MBTA community is in |
|---|
| 67 | 67 | | 36compliance with this section. |
|---|