Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4065 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 4407 FILED ON: 6/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4065
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel J. Ryan
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 and modernize planning and community development in the city of Boston.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel J. Ryan2nd Suffolk6/8/2023 1 of 22
16	16	HOUSE DOCKET, NO. 4407 FILED ON: 6/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 4065
18	18	By Representative Ryan of Boston, a petition (subject to Joint Rule 12) of Daniel J. Ryan (with
19	19	the approval of the mayor and city council) for legislation to improve and modernize planning
20	20	and community development in the city of Boston. Community Development and Small
21	21	Businesses. [Local Approval Received.]
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 and modernize planning and community development in the city of Boston.
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. Statement of Purpose. It is the intent and purpose of this act to provide the
31	31	2city of Boston, in this act called the city, with the tools and powers necessary to guide certain
32	32	3public and private investments, and to otherwise address the issues and achieve the goals
33	33	4expressed further in this act, all of which are designed to make the city a more resilient,
34	34	5affordable and equitable community. It is further the intent of this act to encourage, to the
35	35	6maximum extent practicable, the increased cooperation and coordination between the city and
36	36	7the Boston Planning & Development Agency, in this act called the agency, through additional
37	37	8and comprehensive planning citywide, through increased transparency and public participation in
38	38	9the activities of the agency, and through the sharing, transfer and efficient deployment of
39	39	10personnel, funds, land and other resources. The powers and duties to be carried out in
40	40	11accordance with the provisions of this act shall be carried out in a manner to promote equity 2 of 22
41	41	12amongst all, and that is, to the maximum extent practicable, fair, and equitable to all of the city’s
42	42	13residents and businesses.
43	43	14 Section 2. Declaration of Necessity. It is hereby declared that there exists in the city
44	44	15(a) areas that suffer disproportionally from historically inequitable treatment and lack of access
45	45	16to opportunities afforded to the city as a whole, creating wide disparities with respect to equality
46	46	17of economic opportunity, health, safety and quality of life; (b) a crisis created by the lack of
47	47	18affordability in the city for the city’s businesses and residents measured against continual and
48	48	19high demand; and (c) threats to large areas of the city brought about by the effects of the changes
49	49	20to climate; that each of these issues has been extensively documented in studies and reports
50	50	21contributing to the passage of this act; that resiliency, affordability and equity are issues that
51	51	22require governmental intervention to be properly and comprehensively addressed; that each of
52	52	23these issues presents a threat, and contributes substantially, to the safety, health, and quality of
53	53	24life of the residents of and companies doing business in the city, necessitating excessive and
54	54	25disproportionate expenditure of public funds for the preservation of the public health and safety
55	55	26and quality of life and for the maintenance of adequate public spaces, services and facilities; that
56	56	27the city requires additional tools that are adaptable for today’s economy and the economy of the
57	57	28future and the technology that is available today and that will be further advanced in the future;
58	58	29that these tools are necessary to create additional opportunities and guide the types of public and
59	59	30private investments deemed necessary to achieve the objectives of this act; that each of these
60	60	31issues constitute an economic and social liability which substantially impairs the city; that each
61	61	32of these issues decrease the value of private investments and threatens the sources of public
62	62	33revenue and the financial stability of communities within the city; that because of the economic
63	63	34and social interdependence of different communities and of different areas within the city and 3 of 22
64	64	35because of the critical need to address the needs of all of the city’s citizens in an equitable
65	65	36manner, the redevelopment of land in accordance with one or more plans to address the issues
66	66	37that are the subject of this act are necessary; that, while some actions may be accomplished
67	67	38through existing means and law and through the operations of private action, through publicly
68	68	39initiated action, or through a combination of both private and public action, in cases where it is
69	69	40found that private actions taken alone are unlikely to remedy the conditions that lead to these
70	70	41issues, the actions authorized by this act, including but not limited to, the construction, financing,
71	71	42restoration, renovation, rehabilitation, preservation, or removal of structures and the acquisition
72	72	43and disposition of property as circumstances may warrant, and the general improvement of sites
73	73	44for these purposes is necessary to accomplish these objectives; the disposition of the property for
74	74	45the purpose of the foregoing, the exercise of powers consistent with this act and any assistance
75	75	46which may be given by the city and the agency created by this act are public uses and purposes
76	76	47for which public money may be expended and the power of eminent domain exercised; and that
77	77	48the acquisition, planning, clearance, conservation, restoration, renovation, rehabilitation,
78	78	49preservation or rebuilding of such areas for such purposes, including the provision of multi-
79	79	50modal and complete streets, enhancements and improved access to transit facilities, parks, flood
80	80	51control structures, greenways, technological infrastructure, recreational areas and other spaces
81	81	52and improvements in housing and commercial properties, are public uses and benefits for which
82	82	53private property may be acquired by eminent domain or regulated by reasonable orders, laws and
83	83	54directions and for which public funds may be expended for the betterment of the city.
84	84	55 It is hereby further declared that there is a serious issue of affordability in the city,
85	85	56including a shortage of housing in the city that can be afforded by persons and families of low
86	86	57and moderate income and including other issues of affordability in many forms including the 4 of 22
87	87	58ability for Bostonians to incubate, launch and grow businesses; that it is in the best interest of the
88	88	59commonwealth to encourage programs to provide jobs, opportunities, housing and other
89	89	60assistance for such persons without imposing on them undue financial hardship; and that in
90	90	61undertaking such programs and assistance using the tools and the powers set forth in this act, the
91	91	62agency will be able to promote the health and prosperity of all citizens of the city, and thereby
92	92	63serve a public purpose for the benefit of the general public.
93	93	64 It is hereby further found that there is a need in the city to improve energy and water
94	94	65efficiency in both new and existing buildings, to enhance indoor air quality and sustainability, to
95	95	66facilitate the implementation of zero-emission electricity generation, to further the use and
96	96	67proliferation of electric and other vehicles fueled by alternatives to fossil fuels, to further the use
97	97	68of low-emission and/or sustainable building materials and processes, to promote, support, and
98	98	69incentivize energy storage, building electrification, adaptive reuse of existing structures, urban
99	99	70cooling strategies, the conservation, restoration, and protection of coastal and marine habitats,
100	100	71greenhouse gas emission reduction activities, and to advance other projects in the city that
101	101	72address and implement climate resilience strategies, and that in undertaking such programs and
102	102	73assistance using the tools and the authorities set forth in this act the agency will promote the
103	103	74health and prosperity of all citizens of the city and thereby serve a public purpose for the benefit
104	104	75of the general public.
105	105	76 The provisions of this act relating to the issues addressed in this act are hereby declared
106	106	77as a matter of legislative determination.
107	107	78 Section 3. Definitions. 5 of 22
108	108	79 As used in this act, the following words shall, unless the context clearly requires
109	109	80otherwise, have the following meanings:—
110	110	81 “agency,” the Boston Planning & Development Agency.
111	111	82 “authority,” the Boston Redevelopment Authority.
112	112	83 “affordable” or “affordability,” the ability of persons and families of low and moderate
113	113	84income to procure and retain within the city safe and secure housing that provides reasonable
114	114	85access to transportation, employment, and educational opportunities without the imposition of
115	115	86undue financial hardship, and the ability of persons seeking to incubate, launch and grow
116	116	87businesses within the city to pursue such opportunities without the imposition of undue financial
117	117	88hardship.
118	118	89 “affordable housing” the same meaning as set forth in section 17 of the boston zoning
119	119	90enabling act.
120	120	91 “boston zoning enabling act,” chapter 665 of the acts of 1956, as most recently amended
121	121	92by chapter 365 of the acts of 2020, and as may be further amended from time to time.
122	122	93 “city,” the city of Boston.
123	123	94 “community development,” actions, projects, or activities that develop and improve the
124	124	95city or its neighborhoods in ways consistent with the powers and duties of the agency and the
125	125	96objectives of this act, including but not limited to (i) creating or expanding economic,
126	126	97educational, transportation, or housing opportunities for low and moderate income people; (ii)
127	127	98creating or expanding economic opportunities for new or existing local businesses; (iii)
128	128	99establishing, improving, or enhancing public facilities, public social services, or physical or 6 of 22
129	129	100technological infrastructure; or (iv) improving, revitalizing, preserving, conserving, or
130	130	101rehabilitating the built environment or the natural environment.
131	131	102 “corporation,” the Economic Development and Industrial Corporation of Boston.
132	132	103
133	133	104 “department,” the Department of Housing and Community Development or its successor.
134	134	105 “effective date,” the date set forth in section 4 of this act.
135	135	106 “resilient” or “resiliency,” actions, projects, or activities that anticipate, assess, prepare
136	136	107for, respond to, reduce, mitigate, manage, or adapt to either the risks or the adverse impacts of
137	137	108climate change (including but not limited to extreme weather events, drought, coastal and inland
138	138	109flooding, sea level rise and increased storm surge, wildfires, and extreme temperatures), as such
139	139	110risks or adverse impacts may affect the city’s natural environment, the city’s built environment,
140	140	111the city’s economy, the city’s populace, or any combination thereof.
141	141	112 “zoning commission,” the Boston Zoning Commission.
142	142	113 Section 4. Effective Date. In order to provide the necessary time to plan for the
143	143	114implementation of this act, the provisions of this act shall be effective on a date that is one
144	144	115hundred eighty days from the date it is approved by the Governor.
145	145	116 Section 5. Abolition of the Boston Redevelopment Authority. The Boston
146	146	117Redevelopment Authority, doing business as the Boston Planning & Development Agency,
147	147	118referred to in this act as the authority, is hereby abolished. 7 of 22
148	148	119 Section 6. Abolition of the Economic Development and Industrial Corporation of
149	149	120Boston. The Economic Development and Industrial Corporation of Boston, referred to in this act
150	150	121as the corporation, is hereby abolished.
151	151	122 Section 7. Creation of the Boston Planning & Development Agency.
152	152	123 (a)There shall be a public body politic and corporate to be known as the Boston
153	153	124Planning & Development Agency, in this act called the agency. The agency is hereby constituted
154	154	125as a public instrumentality of the city and the exercise by the agency of the powers conferred by
155	155	126this act shall be considered to be the performance of an essential governmental function.
156	156	127 (b)Subject to the limitations set forth in this act, the agency is hereby constituted as a
157	157	128redevelopment authority of the city, and shall have all of the powers and duties conferred on
158	158	129redevelopment authorities pursuant to chapter 121B.
159	159	130 (c)The agency shall also have all of the powers and duties of the Boston
160	160	131Redevelopment Authority as set forth in chapter 652 of the acts of 1960, as amended.
161	161	132 (d)The agency shall also have all of the powers and duties of the economic
162	162	133development and industrial corporation of Boston as set forth in chapter 1097 of the acts of 1971,
163	163	134as amended, and all of the powers and duties conferred on economic development and industrial
164	164	135corporations pursuant to chapter 121C .
165	165	136 (e)The agency shall be managed, controlled and governed by a board of five
166	166	137members who shall be appointed and shall serve in accordance with the requirements of chapter
167	167	138121B. 8 of 22
168	168	139 (f)Until such time as the authority and the corporation are abolished pursuant to
169	169	140sections 5 and 6 of this act, the agency shall work with the authority and the corporation toward
170	170	141the completion of an orderly transition of all matters detailed in section 15 of this act.
171	171	142 Section 8. Planning and Zoning Functions in the City of Boston.
172	172	143 (a)Section 12 of chapter 652 of the acts of 1960, as most recently amended by
173	173	144section one of chapter 341 of the acts of 1993, is hereby amended by deleting the final
174	174	145paragraph.
175	175	146 (b)Section 3 of the boston zoning enabling act is hereby further amended by striking
176	176	147the second sentence of that section and replacing it with the following:-
177	177	148 “No zoning regulation originally establishing the boundaries of a district or the
178	178	149regulations and restrictions to be enforced therein, and no such regulation amending the same as
179	179	150aforesaid, shall be adopted until the Boston Planning & Development Agency shall have
180	180	151submitted a report with recommendations concerning such regulation or amendment or allowed
181	181	152twenty days to elapse after receipt from the zoning commission of a request for such a report
182	182	153without making such a report, nor until after the zoning commission shall have given notice and
183	183	154held public hearing with respect to such regulation or amendment.”
184	184	155 (c)Section 8 of said enabling act is hereby further amended by striking the words
185	185	156“Boston Redevelopment Authority” where they appear in the seventh and ninth paragraphs of
186	186	157that section and replacing them with the words:- “Boston Planning & Development Agency.”
187	187	158 (d)Section 16 of said enabling act is hereby further amended by striking the words
188	188	159“Boston Redevelopment Authority hereinafter referred to as BRA,” as they appear in the second 9 of 22
189	189	160paragraph of that section and replacing them with the words:- Boston Planning & Development
190	190	161Agency hereinafter referred to as the BPDA.”
191	191	162 (e)Sections 16, 17, 18, 21 and 22 of said enabling act is hereby further amended by
192	192	163replacing the letters “BRA” each time they appear in said sections with:- “BPDA.”
193	193	164 (f)Section 21 of said enabling act is hereby further amended by striking the words
194	194	165“Boston Redevelopment Authority” as they appear in said section and replacing them with:-
195	195	166“Boston Planning & Development Agency.”
196	196	167 Section 9. Cooperation Between Agency and City.
197	197	168 (a)To the maximum extent determined to be practicable by the agency and the city:
198	198	169 (i) the agency shall make use of the services of the agencies, officers and employees
199	199	170of the city and the city shall, if requested, make available such services, all in accordance with
200	200	171the provisions of section 7 of chapter 121B;
201	201	172 (ii) the city shall make use of the services of the agency and the agency shall, if
202	202	173requested, make available such services;
203	203	174 (iii) property owned by the agency determined by the agency to be no longer
204	204	175necessary in undertaking its statutory and other responsibilities may be transferred to the city,
205	205	176provided that the city shall accept such property subject to any existing lease.
206	206	177 Section 10. Additional Powers and Duties of the Agency. The agency shall have all
207	207	178the powers necessary or convenient to carry out and effectuate the purposes of relevant
208	208	179provisions of the General Laws, and shall have the following powers in addition to those
209	209	180specifically granted in this act:— 10 of 22
210	210	181 (a)To prepare and implement plans to address issues pertaining to affordability in the
211	211	182entire city or in such areas of the city as it determines to be necessary, including the creation of
212	212	183new affordable housing and retention of existing affordable housing, and the development of
213	213	184methods to address business incubation and affordability in the city, subject, however, to the
214	214	185requirements of section 11 of this act;
215	215	186 (b)To prepare and implement plans to provide for resiliency and to combat the
216	216	187impacts of climate change in the entire city or in such areas of the city as it determines to be
217	217	188necessary, subject, however, to the requirements of section 11 of this act;
218	218	189 (c)To prepare and implement community development plans in the entire city or in
219	219	190such areas of the city as it determines to be necessary, subject, however, to the requirements of
220	220	191section 11 of this act;
221	221	192 (d)To take necessary action and create policies and programs as needed to ensure the
222	222	193equitable distribution across the city of benefits from development.
223	223	194 (e)To create and implement programs to address any historically inequitable
224	224	195distribution of agency resources or historically inequitable policies that may have led to
225	225	196inequities in the growth of the city.
226	226	197 (f)To prepare plans to develop and test methods and techniques and to carry out
227	227	198demonstrations to implement projects and programs in furtherance of the objectives of this act;
228	228	199 (g)To provide recommendations, advice, technical assistance and staffing to the
229	229	200zoning commission as may be requested by the director from time to time; 11 of 22
230	230	201 (h)To create such internal offices, divisions, or departments as it may deem
231	231	202necessary to carry out the provisions of this act;
232	232	203 (i)To act as a public economic development agency for the purposes of chapter 30B
233	233	204and to dispose of by sale or lease or to acquire by purchase, lease, eminent domain or otherwise
234	234	205residential, institutional, industrial or commercial real property for purposes in furtherance of this
235	235	206act in accordance with a plan approved by the members of the agency;
236	236	207 (j)To enter into, administer, extend, amend and enforce cooperation and other
237	237	208agreements with the city, state and federal agencies and other public and private organizations
238	238	209and persons to further the objectives of this act, subject, however, to the provisions of applicable
239	239	210law;
240	240	211 (k)To conduct research, issue reports and engage in similar activities consistent with
241	241	212its powers as detailed in this act; and
242	242	213 (l)To perform any of the following acts in any location in the city irrespective of
243	243	214whether such location is included within an area covered by a plan adopted in accordance with
244	244	215this act: to make confirmatory eminent domain takings in order to confirm title to real estate; to
245	245	216make and receive loans to or from any party, to receive gifts from any party, and to make
246	246	217investments all for purposes consistent with this act; to acquire and transfer property
247	247	218discontinued by the public improvement commission or other city entity; to grant or receive
248	248	219utility easements; and to acquire or transfer a property interest to or from another public entity.
249	249	220 Section 11. Additional Requirements for Resiliency, Affordability, and Community
250	250	221Development Plans. 12 of 22
251	251	222 The following requirements shall apply to plans proposed pursuant to sections
252	252	223 10(a), 10(b) and 10(c) of this act.
253	253	224 (a)Whenever the agency determines that such a plan should be implemented, it shall
254	254	225first submit said plan to the mayor of the city for approval. Such application shall be
255	255	226accompanied by the plan, a statement of the proposed method for financing the activities
256	256	227contemplated in the plan, and any such other information as the agency in its discretion deems
257	257	228advisable.
258	258	229 (b)Whenever a public hearing on a plan is held, notice thereof shall be sent to the
259	259	230Boston Landmarks Commission together with a map indicating the area included in such plan.
260	260	231 (c)No such plan shall be implemented until a public hearing on such plan has been
261	261	232held after notice provided in the manner required by section 20 of chapter 30A before the agency
262	262	233and the plan has been approved by the members of the agency and the mayor.
263	263	234 (d)Every plan submitted to the mayor for approval shall include a description of the
264	264	235goals of the plan, the areas to be impacted by the plan and a statement describing how the plan is
265	265	236consistent with the planning conducted in those areas, the proposed public and private
266	266	237improvements proposed as a part of the plan, and a financial plan associated with the plan
267	267	238together with findings by the members of the agency that the plan is consistent with this act and
268	268	239will further the agency’s public purposes, and shall include a relocation plan prepared in
269	269	240accordance with the requirements of chapter seventy-nine A to the extent required by applicable
270	270	241law. 13 of 22
271	271	242 (e)The mayor shall not approve any such plan except upon a determination that the
272	272	243plan will further the purposes of this act, giving due consideration to the findings of the members
273	273	244of the agency set forth in Section 11(d) above.
274	274	245 (f)Every plan approved by the mayor that seeks financial assistance from any agency
275	275	246or authority of the commonwealth shall be subject to the further approval of the department and
276	276	247shall be submitted to the department together with such other material as the department may
277	277	248require.
278	278	249 (i)The department shall not approve any such plan unless the agency has made the
279	279	250findings required by this section, the mayor has approved the plan, and the department concurs in
280	280	251the findings made by the agency.
281	281	252 (ii)Within sixty days after submission of the plan, the department shall give written
282	282	253notice to the agency of its decision with respect to the plan. If the department disapproves any
283	283	254such plan, it shall state in writing in such notice its reasons for disapproval. A plan which has not
284	284	255been approved by the department when submitted may be submitted to the department again with
285	285	256such modifications, supporting data or arguments as are necessary to meet the department’s
286	286	257objections. The department may hold a public hearing upon any plan submitted to it and shall do
287	287	258so if requested in writing within ten days after submission of the plan by the agency, the mayor,
288	288	259or twenty-five or more residents of the city.
289	289	260 (iii)Any provision in this subsection to the contrary notwithstanding, when the
290	290	261location of a proposed plan has been determined, the agency may, without awaiting the approval
291	291	262of the department, proceed to acquire or otherwise obtain control of such property within the
292	292	263plan area as is necessary to carry out the objectives of the plan; but it shall not, without the 14 of 22
293	293	264approval of the department if such approval is required by this subsection, unconditionally
294	294	265obligate itself to purchase or otherwise acquire any such property except as provided in section
295	295	266forty-seven of chapter 121B.
296	296	267 (g)When the plan has been approved by the mayor, and to the extent required by this
297	297	268act, the department, and notice of such approvals has been given to the agency, the agency may
298	298	269proceed at once to take any and all actions to implement the plan including, without limitation, to
299	299	270acquire and dispose of real estate within the location of the plan area, either by eminent domain
300	300	271or by sale, grant, purchase, lease, gift, exchange or otherwise.
301	301	272 Section 12. Termination and Sunsetting of Urban Renewal Powers.
302	302	273 (a)From and after the effective date, notwithstanding any provisions of chapter 121B
303	303	274to the contrary, the agency shall not be authorized to adopt any new urban renewal plan, nor to
304	304	275make any findings pertaining to blighted open, decadent or substandard conditions in the city,
305	305	276but shall, to the extent determined to be necessary or convenient for the agency as determined by
306	306	277its members, remain obligated to perform such actions, to enforce such conditions or to benefit
307	307	278from any restrictions or other provisions as such actions, conditions, restrictions, or other
308	308	279provisions are set forth in any contract or plan in effect as of the effective date
309	309	280 (b)To the extent necessary to take an action, to enforce a condition, or to benefit
310	310	281from a restriction or other provision in such plan, the agency is hereby authorized to extend,
311	311	282terminate or amend such urban renewal and other plans that may be in existence as of the
312	312	283effective date subject to the requirements of applicable law and this section, and such additional
313	313	284terms as it may determine to be appropriate. 15 of 22
314	314	285 (c)Notwithstanding the provisions of any general or special law, contract or urban
315	315	286renewal plan to the contrary, prior to and upon the termination of any urban renewal plan, the
316	316	287agency shall be entitled to continue to enforce such conditions or to benefit from any restrictions
317	317	288or other provisions, as such actions, conditions, restrictions, or other provisions are set forth in
318	318	289any contract or plan in effect as of the effective date through December 31, 2060, provided that
319	319	290the agency shall be authorized to terminate, extend, modify or amend any such condition,
320	320	291restriction or other provision by agreement.
321	321	292 (d)In preparing, adopting and implementing any resiliency, affordability, community
322	322	293development or other plans authorized by this act, the agency shall, except as modified by the
323	323	294provisions of this act, be subject to the requirements and shall have all of the powers set forth in
324	324	295chapter 121B.
325	325	296 Section 13. Cooperation With Local, State and Federal Agencies and Programs.
326	326	297 The agency is authorized, with the approval of the mayor of the city, to enter into loans,
327	327	298grants, contracts and other agreements with the local, state, federal, or other government entity
328	328	299relative to the acceptance or borrowing of funds or other assistance for any project it is
329	329	300authorized to undertake in accordance with this act and to secure such local, state, federal and
330	330	301other funds and assistance as may be available, including, without limitation, funding and other
331	331	302assistance made available through chapters 43D and 40R of the general laws, the Community
332	332	303Renewal Tax Relief Act of 2000, the Tax Reform Act of 1986, the Disaster Mitigation Act of
333	333	3042000, the Bipartisan Infrastructure Investment and Jobs Act of 2021, the CHIPS and Science Act
334	334	305of 2022, the Inflation Reduction Act of 2022 and other laws or programs providing funding or
335	335	306other assistance consistent with the provisions of this act, as those laws and programs may be 16 of 22
336	336	307amended and revised from time to time, which loans, grants, contracts and other agreements
337	337	308shall contain such covenants, terms and conditions as the agency and such agency of the
338	338	309government may deem desirable.
339	339	310 Section 14. Matters Pertaining to Urban Redevelopment Corporations.
340	340	311 (a)Projects undertaken by any entity approved under chapter 652 of the acts of 1960,
341	341	312as amended, and chapter 121A of the general laws shall, in addition to the types of projects
342	342	313authorized by said laws, also include projects authorized under section 10 of this act; provided,
343	343	314that each such project shall be accompanied by a plan and shall be otherwise subject to the
344	344	315requirements of section 11 of this act.
345	345	316 (b)The agency shall be authorized to review, improve, approve and monitor any such
346	346	317project or plan in the same manner as provided by chapter 652, as amended, and said chapter
347	347	318121A.
348	348	319 Section 15. Transfer of Personnel and Obligations.
349	349	320 (a)Notwithstanding any general or special law to the contrary, as of the effective
350	350	321date: -
351	351	322 (i)all personnel employed by the authority or the corporation shall become
352	352	323employees of the agency consistent with and subject to the requirements of this act;
353	353	324 (ii)all assets, accounts, liabilities, obligations, real and personal property and debt of
354	354	325the authority and the corporation are hereby transferred to the agency, and, without further
355	355	326conveyance or other act, all the assets, accounts liabilities, obligations, real and personal property 17 of 22
356	356	327and debt, as well as all rights, powers and duties of the authority and the corporation shall be
357	357	328transferred to, and assumed by, the agency;
358	358	329 (iii)ownership, possession and control of all personal property, including, but without
359	359	330limitation, all equipment, books, maps, papers, plans, records and documents of whatever
360	360	331description then belonging to the authority and the corporation shall pass to, and be vested in, the
361	361	332agency without consideration or further evidence of transfer and shall thereafter be in the
362	362	333possession and control of the agency;
363	363	334 (iv)ownership, possession and control of all real property, including, without
364	364	335limitation, all land, buildings, easement, restrictions and other interests in land and other property
365	365	336that are owned or held by the authority or the corporation shall pass to, and be vested in, the
366	366	337agency without consideration or further evidence of transfer and shall thereafter be in the
367	367	338possession and control of the agency; and
368	368	339 (v)all duly existing contracts, leases, land disposition agreements, collective
369	369	340bargaining agreements and obligations of the authority and the corporation which are in force
370	370	341immediately before the effective date shall be deemed to be the obligations of the agency but
371	371	342shall otherwise be unaffected by this act, and no existing right or remedy with respect to any
372	372	343such matter shall be lost, impaired or affected by this act.
373	373	344 (b)The agency shall be authorized to establish such bylaws, systems, procedures,
374	374	345accounts, and processes as it determines to be necessary or desirable in connection with the
375	375	346assumption, management, operation and administration of the personnel, assets, accounts,
376	376	347liabilities, obligations, real and personal property and debt of the authority and the corporation. 18 of 22
377	377	348 (c)The agency shall have authority to exercise all rights and enjoy all interests
378	378	349conferred upon the authority and the corporation by any such contracts, leases, land disposition
379	379	350agreement or other obligation, including any collective bargaining agreement in existence as of
380	380	351the effective date.
381	381	352 (d)The transfer provided by this act shall be effective upon the effective date and
382	382	353shall bind the agency and all other persons with or without notice and without any further action
383	383	354or documentation.
384	384	355 (e)Without derogating from the foregoing, the agency may, from time to time,
385	385	356execute and record and file for registration with any registry of deeds or the land court or with
386	386	357the secretary of the commonwealth, as appropriate, a certificate confirming the agency’s
387	387	358ownership of any interest in real or personal property formerly held by the authority or the
388	388	359corporation and transferred pursuant to the provisions of this act and establishing and confirming
389	389	360the rights so transferred.
390	390	361 (f)This act shall not limit or impair the rights, remedies, or defenses of the agency,
391	391	362the authority or the corporation in or to any such action including, without limitation, chapter
392	392	363258 of the General Laws; provided, however, that from and after the effective date any action
393	393	364pending related to such rights, remedies or defenses shall continue unabated and may be
394	394	365completed against or by the agency.
395	395	366 (g)No existing rights of the holders of the bonds issued by the authority or the
396	396	367corporation shall be impaired, and the agency, as successor in interest to the authority and the
397	397	368corporation, shall maintain the covenants of the trust indentures pertaining to such bonds so long
398	398	369as such bonds shall remain outstanding. 19 of 22
399	399	370 Section 16. Survival of Existing Rules and Matters. Notwithstanding any general or
400	400	371special law to the contrary, any order, rule, or regulation duly promulgated, or any license,
401	401	372permit, certificate, right or approval duly granted or held, by or on behalf of the authority or the
402	402	373corporation shall continue in effect from and after the effective date and shall be enforced by the
403	403	374agency until superseded, revised, rescinded or cancelled. Any proceeding before the authority or
404	404	375the corporation pending as of the effective date shall be assumed by the agency and shall
405	405	376continue unaffected and without need to be re-noticed or recommenced.
406	406	377 Section 17. Other Personnel Matters Related to Transfer of Employees.
407	407	378 (a)Notwithstanding any other general or special law to the contrary, the agency may
408	408	379enter into contracts to create and permit employee contributions to individual retirement accounts
409	409	380for employees of the agency pursuant to sections 64A to 64C, inclusive, of chapter 29 of the
410	410	381General Laws.
411	411	382 (b)The provisions of section 52 of chapter 121B shall not apply to employees of the
412	412	383agency; provided, however, that such section shall continue to apply to any employee of the
413	413	384authority subject to the requirements of such section as of the effective date.
414	414	385 (c)All members, officers and employees of the authority and the corporation
415	415	386transferred to the service of the agency shall be transferred without impairment of seniority,
416	416	387retirement or other statutory rights of employees, without loss of accrued rights to benefits,
417	417	388holidays, sick leave, vacation pension, and all other benefits, except as otherwise provided in this
418	418	389act. All employees of the agency shall be eligible for group insurance benefits provided by the
419	419	390group insurance commission or otherwise. Terms of service of employees of the authority and
420	420	391the corporation shall not be deemed to be interrupted by virtue of transfer to the agency. 20 of 22
421	421	392 (d)Notwithstanding any general or special law to the contrary, retired employees of
422	422	393the authority and the corporation and the surviving spouses of active or retired employees who
423	423	394are eligible for group insurance coverage pursuant to this section and said chapter 32A shall have
424	424	395said eligibility and coverage transferred to the group insurance commission and shall receive the
425	425	396full extent of benefits provided to employees of the agency. Such persons shall cease to be
426	426	397eligible or insured by the authority or corporation, as applicable. The commission shall provide
427	427	398uninterrupted coverage for group life and accidental death and dismemberment insurance and
428	428	399group general or blanket insurance providing hospital, surgical, medical, dental and other health
429	429	400insurance benefits to the extent authorized under said chapter 32A. All questions relating to
430	430	401group insurance rights, obligations, costs and payments shall be determined solely by the group
431	431	402insurance commission, and shall include the manner and method for the payment of all required
432	432	403premiums applicable to all such coverage.
433	433	404 (e)Nothing in this act shall be construed to affect the eligibility and coverage of
434	434	405retired authority or corporation employees and the surviving spouses of active or retired
435	435	406employees who are eligible for group insurance coverage under a plan offered by the authority or
436	436	407corporation or who are insured under a plan offered by the authority or the corporation.
437	437	408 (f)Notwithstanding the provisions of any general or special law to the contrary,
438	438	409employees of the agency shall be eligible to become members of the Boston retirement system,
439	439	410and notwithstanding the provisions of any general or special law to the contrary including, but
440	440	411not limited to, paragraph (c) of subdivision (8) of section 3 of chapter 32 of the General Laws,
441	441	412said system shall be responsible for all liability attributable to the service of such employees. The
442	442	413liabilities attributable to the service of such employees shall be recoverable by the city pursuant
443	443	414to the terms of said section 8. 21 of 22
444	444	415 (g)Any employee of the corporation on the effective date may elect: (i) to join the
445	445	416Boston retirement system by written notification to the system of his or her intention in a manner
446	446	417according to a process adopted by the system and otherwise consistent with applicable law; and
447	447	418(ii) to increase his or her years of creditable service in the system by purchasing time up to an
448	448	419amount represented by his or her years of creditable service with the corporation according to a
449	449	420payment schedule and process adopted by the system and otherwise consistent with applicable
450	450	421law.
451	451	422 (h)The agency, in cooperation with the city, shall complete a study of job titles in the
452	452	423authority and the corporation and shall determine the appropriate job titles for employees
453	453	424transferred to the agency and the appropriate job titles for employees to be transferred to the city.
454	454	425Employees transferred to the agency shall be placed in job titles as determined by the agency, in
455	455	426consultation with the city, and shall be paid wages and receive benefits consistent with the
456	456	427collective bargaining agreement governing such job title(s) (if any) or if no collective bargaining
457	457	428agreement exists for such employees, then consistent with the existing pay and benefits
458	458	429governing such job title(s). Employees transferred to the city shall be placed in job titles as
459	459	430determined by the city, in consultation with the agency, and shall be paid wages and receive
460	460	431benefits consistent with the collective bargaining agreement governing such job title(s) (if any)
461	461	432or if no collective bargaining agreement exists for such employees, then consistent with the
462	462	433existing pay and benefits governing such job title(s).
463	463	434 Section 18. Requirement for Audit. Not later than one year from the effective date,
464	464	435the city auditor shall complete and file with the agency, city council, mayor, and office of the
465	465	436state auditor a closeout audit of the authority and the corporation. The audit shall include a 22 of 22
466	466	437catalogue of the status of the authority’s and corporation’s finances, operations, revenues, debt
467	467	438structure, and internal policies and procedures and the transfer of such matters to the agency.
468	468	439 Section 19. Relationship to Other Laws.This act shall provide additional, alternative
469	469	440and complete methods for accomplishing the purpose of this act and shall be construed to be
470	470	441supplemental and additional to, and not in derogation of any powers conferred upon the agency
471	471	442by law; provided, however, that insofar as the provisions of this act are inconsistent with any
472	472	443general or special law, administrative order or regulation, the provisions of this act shall be
473	473	444controlling.
474	474	445 Section 20. Evidence of Abolition of Authority and Corporation. Sections 5 and 6 of
475	475	446this act shall be effective as of a date that is not more than ninety days from the effective date,
476	476	447and shall be evidenced by the filing of a certificate with the secretary of the commonwealth
477	477	448executed by authority and the corporation and acknowledged by the agency as the successor to
478	478	449the authority and the corporation.
479	479	450 Section 21. Severability. The provisions of this act are hereby declared to be
480	480	451severable and if any such provision or the application of such provision to any person or
481	481	452circumstances shall be held to be invalid or unconstitutional, such invalidity or
482	482	453unconstitutionality shall not be construed to affect the validity or constitutionality of any of the
483	483	454remaining provisions of said chapter or the application of such provision to persons or
484	484	455circumstances other than those as to which it is held invalid. It is hereby declared to be the
485	485	456legislative intent that said chapter would have been adopted had such invalid or unconstitutional
486	486	457provisions not been included therein.