Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4947 Compare Versions

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

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1	1	1 of 24
2	2	FILED ON: 7/30/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 4947
4	4	The Commonwealth of Massachusetts
5	5	_______________
6	6	In the One Hundred and Ninety-Third General Court
7	7	(2023-2024)
8	8	_______________
9	9	An Act to improve and modernize planning and community development in the city of Boston.
10	10	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
11	11	forthwith improve and modernize planning and community development in the city of Boston,
12	12	therefore it is hereby declared to be an emergency law, necessary for the immediate preservation
13	13	of the public convenience.
14	14	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
15	15	of the same, as follows:
16	16	1 SECTION 1. Section 3 of chapter 121A of the General Laws, as appearing in the 2022
17	17	2Official Edition, is hereby amended by striking out the words “Boston Redevelopment
18	18	3Authority”, in lines 5 and 6, and inserting in place thereof the following words:- Boston Planning
19	19	4Board.
20	20	5 SECTION 2. Chapter 121B of the General Laws is hereby amended by adding the
21	21	6following section:-
22	22	7 Section 61. Every plan to address issues pertaining to affordability in the entire city of
23	23	8Boston or in areas of the city of Boston, as determined to be necessary and prepared by the
24	24	9Boston Planning Board and approved by the mayor of the city of Boston, that seeks financial
25	25	10assistance from any agency or authority of the commonwealth shall be subject to the approval of 2 of 24
26	26	11the department and shall be submitted to the department together with other material as the
27	27	12department may require.
28	28	13 SECTION 3. The first paragraph of section 3 of chapter 665 of the acts of 1956, as
29	29	14appearing in section 2 of chapter 461 of the acts of 1993, is hereby amended by striking out the
30	30	15second sentence and inserting in place thereof the following sentence:- No zoning regulation
31	31	16originally establishing the boundaries of a district or the regulations and restrictions to be
32	32	17enforced therein, and no such regulation amending the same as aforesaid, shall be adopted until
33	33	18the Boston Planning Board shall have submitted a report with recommendations concerning such
34	34	19regulation or amendment or allowed 20 days to elapse after receipt from the zoning commission
35	35	20of a request for such a report without making such a report, nor until after the zoning commission
36	36	21shall have given notice and held public hearing with respect to such regulation or amendment.
37	37	22 SECTION 4. The second sentence of the third to last paragraph of section 8 of said
38	38	23chapter 665, as appearing in section 4 of said chapter 461, is hereby amended by striking out the
39	39	24words “Boston Redevelopment Authority” and inserting in place thereof the following words:-
40	40	25Boston Planning Board.
41	41	26 SECTION 5. The third sentence of the last paragraph of said section 8 of said chapter
42	42	27665, as so appearing, is hereby amended by striking out the words “Boston Redevelopment
43	43	28Authority” and inserting in place thereof the following words:- Boston Planning Board.
44	44	29 SECTION 6. The second paragraph of section 16 of said chapter 665, as amended by
45	45	30section 11 of chapter 365 of the acts of 2020, is hereby further amended by striking out the first
46	46	31sentence and inserting in place thereof the following sentence:- If the developer chooses to
47	47	32contribute towards the creation of housing in kind, in lieu of making the affordable housing 3 of 24
48	48	33exaction money payments provided for in this section, such affordable housing contribution shall
49	49	34be created in accordance with regulations adopted by the zoning commission which is hereby
50	50	35authorized to delegate to the Boston Planning Board, hereinafter referred to as the Planning
51	51	36Board, the authority to adopt such housing creation regulations.
52	52	37 SECTION 7. The third paragraph of said section 16 of said chapter 665, inserted by
53	53	38section 14 of said chapter 365, is hereby amended by striking out the word “BRA”, each time it
54	54	39appears, and inserting in place thereof, in each instance, the following words:- Planning Board.
55	55	40 SECTION 8. The third paragraph of section 17 of said chapter 665, as appearing in
56	56	41section 16 of chapter 365 of the acts of 2020, is hereby amended by striking out the word
57	57	42“BRA”, each time it appears, and inserting in place thereof, in each instance, the following
58	58	43words:- Planning Board.
59	59	44 SECTION 9. Subsection (b) of section 18 of said chapter 665, as appearing in section 18
60	60	45of said chapter 365, is hereby amended by striking out the word “BRA”, each time it appears,
61	61	46and inserting in place thereof, in each instance, the following words:- Planning Board
62	62	47 SECTION 10. The first paragraph of section 21 of said chapter 665, inserted by section 8
63	63	48of chapter 170 of the acts of 2001, is hereby amended by striking out the definition of “BRA”
64	64	49and inserting in place thereof the following definition:-
65	65	50 “Planning Board”, the Boston Planning Board.
66	66	51 SECTION 11. The second paragraph of said section 21 of said chapter 665, inserted by
67	67	52section 21 of chapter 365 of the acts of 2020, is hereby amended by striking out the word “BRA”
68	68	53and inserting in place thereof the following words:- Planning Board. 4 of 24
69	69	54 SECTION 12. The third paragraph of said section 21 of said chapter 665, as appearing in
70	70	55section 8 of chapter 170 of the acts of 2001, is hereby amended by striking out the word “BRA”
71	71	56and inserting in place thereof the following words:- Planning Board.
72	72	57 SECTION 13. Section 22 of said chapter 665, inserted by section 22 of chapter 365 of the
73	73	58acts of 2020, is hereby amended by striking out the word “BRA”, each time it appears, and
74	74	59inserting in place thereof, in each instance, the following words:- Planning Board.
75	75	60 SECTION 14. Section 12 of chapter 652 of the acts of 1960 is hereby amended by
76	76	61striking out the fourth paragraph, inserted by section 1 of chapter 341 of the acts of 1993.
77	77	62 SECTION 15. Section 3 of chapter 1097 of the acts of 1971, as appearing in section 2 of
78	78	63chapter 341 of the acts of 1993, is hereby repealed.
79	79	64 SECTION 16. As used in sections 16 to 35, inclusive, the following words shall, unless
80	80	65the context clearly requires otherwise, have the following meanings:
81	81	66 “Affordable” or “affordability”, the ability of persons and families of low and moderate
82	82	67income to procure and retain within the city safe and secure housing that provides reasonable
83	83	68access to transportation, employment and educational opportunities without the imposition of
84	84	69undue financial hardship and the ability of persons seeking to incubate, launch and grow
85	85	70businesses within the city to pursue such opportunities without the imposition of undue financial
86	86	71hardship.
87	87	72 “Affordable housing”, as defined in section 15 of chapter 665 of the acts of 1956, as
88	88	73amended.
89	89	74 “Authority”, the Boston Redevelopment Authority. 5 of 24
90	90	75 “Board”, the Boston Planning Board.
91	91	76 “Boston zoning enabling act”, chapter 665 of the acts of 1956, as amended.
92	92	77 “BRS”, the Boston Retirement System.
93	93	78 “City”, the city of Boston.
94	94	79 “Community development”, actions, projects or activities that develop and improve the
95	95	80city or its neighborhoods in ways consistent with the powers and duties of the board and the
96	96	81objectives of this act, including, but not limited to: (i) creating or expanding economic,
97	97	82educational, transportation or housing opportunities for low and moderate income people; (ii)
98	98	83creating or expanding economic opportunities for new or existing local businesses; (iii)
99	99	84establishing, improving or enhancing public facilities, public social services or physical or
100	100	85technological infrastructure; or (iv) improving, revitalizing, preserving, conserving or
101	101	86rehabilitating the built environment or the natural environment.
102	102	87 “Corporation”, the Economic Development and Industrial Corporation of Boston
103	103	88established in chapter 1097 of the acts of 1971.
104	104	89 “Effective date,” the date set forth in section 40.
105	105	90 “Executive office”, the executive office of housing and livable communities or its
106	106	91successor.
107	107	92 “Insurance commission”, the Group Insurance Commission established in section 3 of
108	108	93chapter 32A. 6 of 24
109	109	94 “Resilient” or “resiliency”, actions, projects or activities that anticipate, assess, prepare
110	110	95for, respond to, reduce, mitigate, manage or adapt to either the risks or the adverse impacts of
111	111	96climate change, including, but not limited to, extreme weather events, drought, coastal and inland
112	112	97flooding, sea level rise and increased storm surge, wildfires and extreme temperatures, as such
113	113	98risks or adverse impacts may affect the city’s natural environment, the city’s built environment,
114	114	99the city’s economy, the city’s populace or any combination thereof.
115	115	100 “Zoning commission”, the Boston Zoning Commission established in section 1 of chapter
116	116	101665 of the acts of 1956.
117	117	102 SECTION 17. It is the intent and purpose of this act to provide the city with the tools and
118	118	103powers necessary to guide certain public and private investments and to otherwise address the
119	119	104issues and achieve the goals expressed further in this act, all of which are designed to make the
120	120	105city a more resilient, affordable and equitable community. It is further the intent of this act to
121	121	106encourage, to the maximum extent practicable, the increased cooperation and coordination
122	122	107between the city and the board through additional and comprehensive planning citywide, through
123	123	108increased transparency and public participation in the activities of the board, and through the
124	124	109sharing, transfer and efficient deployment of personnel, funds, land and other resources. The
125	125	110powers and duties to be carried out in accordance with this act shall be carried out in a manner to
126	126	111promote equity amongst all and that is, to the maximum extent practicable, fair, and equitable to
127	127	112all of the city’s residents and businesses.
128	128	113 SECTION 18. (a) It is hereby declared that there exists in the city: 7 of 24
129	129	114 (1) areas that suffer disproportionally from historically inequitable treatment and lack of
130	130	115access to opportunities afforded to the city as a whole, creating wide disparities with respect to
131	131	116equality of economic opportunity, health, safety and quality of life;
132	132	117 (2) a crisis created by the lack of affordability in the city for the city’s businesses and
133	133	118residents measured against continual and high demand; and
134	134	119 (3) threats to large areas of the city brought about by the effects of changes to climate.
135	135	120 (b) Each of the issues pursuant to subsection (a) has been extensively documented in
136	136	121studies and reports contributing to the passage of this act; provided, that resiliency, affordability,
137	137	122equity, undue financial hardship and serious issues of affordability are issues that require
138	138	123governmental intervention to be properly and comprehensively addressed; provided further, that
139	139	124each of these issues presents a threat and contributes substantially to the safety, health and
140	140	125quality of life of the residents of and companies doing business in the city, necessitating
141	141	126excessive and disproportionate expenditure of public funds for the preservation of the public
142	142	127health and safety and quality of life and for the maintenance of adequate public spaces, services
143	143	128and facilities; provided further, that the city requires additional tools that are adaptable for
144	144	129today’s economy and the economy of the future and the technology that is available today and
145	145	130that will be further advanced in the future; provided further, that these tools are necessary to
146	146	131create additional opportunities and guide the types of public and private investments deemed
147	147	132necessary to achieve the objectives of this act; provided further, that each of these issues
148	148	133constitutes an economic and social liability which substantially impairs the city; provided
149	149	134further, that each of these issues decreases the value of private investments and threatens the
150	150	135sources of public revenue and the financial stability of communities within the city; provided 8 of 24
151	151	136further, that because of the economic and social interdependence of different communities and of
152	152	137different areas within the city and because of the critical need to address the needs of all of the
153	153	138city’s citizens in an equitable manner, the redevelopment of land in accordance with 1 or more
154	154	139plans to address the issues that are the subject of this act are necessary; provided further, that
155	155	140while some actions may be accomplished through existing means and law and through the
156	156	141operations of private action, through publicly initiated action or through a combination of both
157	157	142private and public action, in cases where it is found that private actions taken alone are unlikely
158	158	143to remedy the conditions that lead to these issues, the actions authorized by this act, including,
159	159	144but not limited to, the construction, financing, restoration, renovation, rehabilitation, preservation
160	160	145or removal of structures and the acquisition and disposition of property as circumstances may
161	161	146warrant and the general improvement of sites for these purposes as necessary to accomplish these
162	162	147objectives; provided further, that the disposition of the property for the purpose of the foregoing,
163	163	148the exercise of powers consistent with this act and any assistance which may be given by the city
164	164	149and the board created by this act are public uses and purposes for which public money may be
165	165	150expended and the power of eminent domain exercised; and provided further, that the acquisition,
166	166	151planning, clearance, conservation, restoration, renovation, rehabilitation, preservation or
167	167	152rebuilding of such areas for such purposes, including the provision of multi-modal and complete
168	168	153streets, enhancements and improved access to transit facilities, parks, flood control structures,
169	169	154greenways, technological infrastructure, recreational areas and other spaces and improvements in
170	170	155housing and commercial properties, are public uses and benefits for which private property may
171	171	156be acquired by eminent domain or regulated by reasonable orders, laws and directions and for
172	172	157which public funds may be expended for the betterment of the city. 9 of 24
173	173	158 (c) It is hereby further declared that there is a serious issue of affordability in the city,
174	174	159including a shortage of housing in the city that can be afforded by persons and families of low
175	175	160and moderate income and including other issues of affordability in many forms, including the
176	176	161ability for Bostonians to incubate, launch and grow businesses; provided, that it is in the best
177	177	162interest of the commonwealth to encourage programs to provide jobs, opportunities, housing and
178	178	163other assistance for such persons without imposing on them undue financial hardship; and
179	179	164provided further, that in undertaking such programs and assistance using the tools and the
180	180	165powers set forth in this act, the board will be able to promote the health and prosperity of all
181	181	166citizens of the city, and thereby serve a public purpose for the benefit of the general public.
182	182	167 (d) It is hereby further declared that there is a need in the city to improve energy and
183	183	168water efficiency in both new and existing buildings, to enhance indoor air quality and
184	184	169sustainability, to facilitate the implementation of zero-emission electricity generation, to further
185	185	170the use and proliferation of electric and other vehicles fueled by alternatives to fossil fuels, to
186	186	171further the use of low-emission and sustainable building materials and processes, to promote,
187	187	172support and incentivize energy storage, building electrification, adaptive reuse of existing
188	188	173structures, urban cooling strategies, the conservation, restoration and protection of coastal and
189	189	174marine habitats, greenhouse gas emission reduction activities and to advance other projects in the
190	190	175city that address and implement climate resilience strategies, and that in undertaking such
191	191	176programs and assistance using the tools and the authorities set forth in this act the board shall
192	192	177promote the health and prosperity of all citizens of the city and thereby serve a public purpose
193	193	178for the benefit of the general public.
194	194	179 SECTION 19. The Boston Redevelopment Authority, doing business as the Boston
195	195	180Planning & Development Agency, referred to in this act as the authority, is hereby abolished. 10 of 24
196	196	181 SECTION 20. The Economic Development and Industrial Corporation of Boston,
197	197	182referred to in this act as the corporation, is hereby abolished.
198	198	183 SECTION 21. (a) There shall be a public body politic and corporate to be known as the
199	199	184Boston Planning Board. The board is hereby constituted as a public instrumentality and the
200	200	185exercise by the board of the powers conferred by this act shall be considered to be the
201	201	186performance of an essential governmental function.
202	202	187 (b)(1) Subject to the limitations set forth in this act, the board is hereby constituted as a
203	203	188redevelopment authority of the city and shall have all of the powers and duties conferred on
204	204	189redevelopment authorities pursuant to chapter 121B of the General Laws.
205	205	190 (2) The board shall have all of the powers and duties of the Boston Redevelopment
206	206	191Authority pursuant to chapter 652 of the acts of 1960.
207	207	192 (3) The board shall have all of the powers and duties of the economic development and
208	208	193industrial corporation of Boston pursuant to chapter 1097 of the acts of 1971, and all of the
209	209	194powers and duties conferred on economic development and industrial corporations pursuant to
210	210	195chapter 121C of the General Laws.
211	211	196 (c) The board shall be managed, controlled and governed by a body of 5 members who
212	212	197shall be appointed and shall serve pursuant to requirements under chapter 121B of the General
213	213	198Laws.
214	214	199 (d) Until such time as the authority and the corporation are abolished pursuant to sections
215	215	20019 and 20 of this act, the board shall work with the authority and the corporation toward the
216	216	201completion of an orderly transition of all matters set forth in section 28. 11 of 24
217	217	202 SECTION 22. (a) To the maximum extent determined to be practicable by the board and
218	218	203the city:
219	219	204 (i) the board shall make use of the services of the agencies, officers and employees of the
220	220	205city and the city shall, if requested, make available such services, all in accordance with section 7
221	221	206of chapter 121B of the General Laws;
222	222	207 (ii) the city shall make use of the services of the board and the board shall, if requested,
223	223	208make available such services; and
224	224	209 (iii) property owned by the board determined by the board to be no longer necessary in
225	225	210undertaking its statutory and other responsibilities may be transferred to the city; provided, that
226	226	211the city shall accept such property subject to any existing lease.
227	227	212 SECTION 23. The board shall have all the powers necessary or convenient to carry out
228	228	213and effectuate the purposes of chapters 121B and 121C of the General Laws and any other
229	229	214relevant provisions of the General Laws and shall have the following powers, in addition to the
230	230	215others specifically granted in this act, to:
231	231	216 (1) prepare and implement plans to address issues pertaining to affordability in the entire
232	232	217city or in such areas of the city as it determines to be necessary, including the creation of new
233	233	218affordable housing and retention of existing affordable housing and the development of methods
234	234	219to address business incubation and affordability in the city, subject to the requirements of section
235	235	22024; provided, that each plan shall specify how it is achieving the goals of affordability, resiliency
236	236	221and climate change, including, but not limited to, details on how the goals are to be achieved;
237	237	222and provided further, such information shall be available on the city’s website; 12 of 24
238	238	223 (2) prepare and implement plans to provide for resiliency and to combat the impacts of
239	239	224climate change in the entire city or in areas of the city as it determines to be necessary, subject,
240	240	225however, to the requirements of section 24;
241	241	226 (3) prepare and implement community development plans in the entire city or in areas of
242	242	227the city as it determines to be necessary, subject to the requirements of section 24;
243	243	228 (4) take necessary action and create policies and programs as needed to ensure the
244	244	229equitable distribution across the city of benefits from development;
245	245	230 (5) create and implement programs to address any historically inequitable distribution of
246	246	231board or authority resources or historically inequitable policies that may have led to inequities in
247	247	232the growth of the city;
248	248	233 (6) prepare plans to develop and test methods and techniques and to carry out
249	249	234demonstrations to implement projects and programs in furtherance of the objectives of this act;
250	250	235 (7) provide recommendations, advice, technical assistance and staffing to the zoning
251	251	236commission as may be requested by the director from time to time;
252	252	237 (8) create such internal offices, divisions or departments as it may deem necessary to
253	253	238carry out the provisions of this act;
254	254	239 (9) act as a public economic development agency for the purposes of chapter 30B of the
255	255	240General Laws and to dispose of by sale or lease or to acquire by purchase, lease, eminent domain
256	256	241or otherwise residential, institutional, industrial or commercial real property for purposes in
257	257	242furtherance of this act in accordance with a plan approved by the members of the board; 13 of 24
258	258	243 (10) enter into, administer, extend, amend and enforce cooperation and other agreements
259	259	244with the city, state and federal agencies and other public and private organizations and persons to
260	260	245further the objectives of this act, subject to the provisions of applicable law;
261	261	246 (11) conduct research, issue reports and engage in similar activities consistent with its
262	262	247powers as detailed in this act;
263	263	248 (12) perform any of the following acts in any location in the city irrespective of whether
264	264	249such location is included within an area covered by a plan adopted in accordance with this act: (i)
265	265	250to make confirmatory eminent domain takings in order to confirm title to real estate; (ii) to make
266	266	251and receive loans to or from any party, receive gifts from any party and make investments all for
267	267	252purposes consistent with this act; (iii) to acquire and transfer property discontinued by the public
268	268	253improvement commission or other city entity; (iv) to grant or receive utility easements; and (v)
269	269	254to acquire or transfer a property interest to or from another public entity; and
270	270	255 (13) enter into project-specific agreements with the city providing for payments in excess
271	271	256of the amount determined in accordance with the first paragraph of section 16 of chapter 121B of
272	272	257the General Laws.
273	273	258 SECTION 24. The requirements of this section shall apply to plans proposed pursuant to
274	274	259paragraphs (1), (2) and (3) of section 23.
275	275	260 (1) Whenever the board determines that such a plan should be implemented, it shall first
276	276	261submit said plan to the mayor of the city for approval. Such submission shall be accompanied by:
277	277	262(i) the plan; (ii) a statement of the proposed method for financing the activities contemplated in
278	278	263the plan; and (iii) any such other information as the board in its discretion deems advisable. 14 of 24
279	279	264 (2) Whenever a public hearing on a plan is held, prior notice thereof shall be sent to the
280	280	265Boston Landmarks Commission with a map indicating the area included in such plan.
281	281	266 (3) No such plan shall be implemented until a public hearing on the plan has been held
282	282	267after notice provided in the manner required by section 20 of chapter 30A of the General Laws
283	283	268before the board and the plan has been approved by the members of the board and the mayor.
284	284	269The board shall accept and consider written comments prior to the hearing.
285	285	270 (4) Every plan submitted to the mayor for approval shall include: (i) a description of the
286	286	271goals of the plan; (ii) the areas to be impacted by the plan and a statement describing how the
287	287	272plan is consistent with the planning conducted in those areas; (iii) the proposed public and
288	288	273private improvements proposed as a part of the plan; (iv) a financial plan associated with the plan
289	289	274together with findings by the members of the board that the plan is consistent with this act and
290	290	275will further the board’s public purposes; and (v) a relocation plan prepared in accordance with
291	291	276the requirements of chapter 79A of the General Laws to the extent required by applicable law
292	292	277state and federal law.
293	293	278 (5) The mayor shall not approve a plan pursuant to this section except upon a
294	294	279determination that the plan will further the purposes of this act, giving due consideration to the
295	295	280findings of the members of the board set forth in paragraph (4).
296	296	281 (6) Every plan approved by the mayor that seeks financial assistance from any agency or
297	297	282authority of the commonwealth shall comply with section 61 of chapter 121B of the General
298	298	283Laws. 15 of 24
299	299	284 (i) The executive office shall not approve any plan under this section unless the board has
300	300	285made the findings required by this section, the mayor has approved the plan and the executive
301	301	286office concurs in the findings made by the board.
302	302	287 (ii) Within 60 days after submission of the plan, the executive office shall give written
303	303	288notice to the board of its decision with respect to the plan. If the executive office disapproves any
304	304	289plan, it shall state in such written notice its reasons for disapproval. A plan which has not been
305	305	290approved by the executive office when submitted may be submitted to the executive office again
306	306	291with such modifications, supporting data or arguments as are necessary to meet the executive
307	307	292office’s objections. The executive office may hold a public hearing on any plan submitted to it
308	308	293and shall do so if requested in writing within 10 days after submission of the plan by the board,
309	309	294the mayor or not less than 25 residents of the city.
310	310	295 (7) When the plan has been approved by the mayor, and to the extent required by this act,
311	311	296the executive office, and notice of such approvals has been given to the board, the board may
312	312	297proceed at once to take any and all actions to implement the plan, including, but not limited to, to
313	313	298acquire and dispose of real estate within the location of the plan area, either by eminent domain
314	314	299or by sale, grant, purchase, lease, gift, exchange or otherwise.
315	315	300 SECTION 25. (a) Notwithstanding any provision of chapter 121B of the General Laws to
316	316	301the contrary, the board shall not adopt any new urban renewal plan, nor to make any findings
317	317	302pertaining to blighted open, decadent or substandard conditions in the city, but shall, to the extent
318	318	303determined to be necessary or convenient for the board as determined by its members, remain
319	319	304obligated to perform actions, to enforce conditions or to benefit from any restrictions or other 16 of 24
320	320	305provisions as such actions, conditions, restrictions or other provisions are set forth in any
321	321	306contract or plan in effect as of the effective date.
322	322	307 (b) To the extent necessary to take an action, enforce a condition or benefit from a
323	323	308restriction or other provision in such urban renewal plan, the board may extend, terminate or
324	324	309amend such urban renewal and other plans that may be in existence as of the effective date
325	325	310subject to the requirements of applicable law and this section and such additional terms as it may
326	326	311determine to be appropriate.
327	327	312 (c) Notwithstanding any general or special law, contract or urban renewal plan to the
328	328	313contrary, prior to and upon the termination of any urban renewal plan, the board may continue to
329	329	314enforce any conditions or to benefit from any restrictions or other provisions, as such actions,
330	330	315conditions, restrictions or other provisions are set forth in any contract or plan in effect as of the
331	331	316effective date through December 31, 2060; provided, that the board may terminate, extend,
332	332	317modify or amend any such condition, restriction or other provision by agreement.
333	333	318 (d) In preparing, adopting and implementing any resiliency, affordability, community
334	334	319development or other plans authorized by this act, the board shall, except as modified by this act,
335	335	320be subject to the requirements and shall have all of the powers set forth in chapter 121B of the
336	336	321General Laws.
337	337	322 SECTION 26. The board may, with the approval of the mayor of the city, enter into
338	338	323loans, grants, contracts and other agreements with a local, state, federal or other government
339	339	324entity relative to the acceptance or borrowing of funds or other assistance for any project it may
340	340	325undertake in accordance with this act and secure such local, state, federal and other funds and
341	341	326assistance as may be available, including, but not limited to, funding and other assistance made 17 of 24
342	342	327available through chapters 43D and 40R of the General Laws, the Community Renewal Tax
343	343	328Relief Act of 2000, the Tax Reform Act of 1986, the Disaster Mitigation Act of 2000, the
344	344	329Bipartisan Infrastructure Investment and Jobs Act of 2021, the CHIPS and Science Act of 2022,
345	345	330the Inflation Reduction Act of 2022 and other laws or programs providing funding or other
346	346	331assistance consistent with this act, as those laws and programs may be amended and revised from
347	347	332time to time, which loans, grants, contracts and other agreements shall contain such covenants,
348	348	333terms and conditions as the board and the appropriate government entity may deem desirable.
349	349	334 SECTION 27. (a) Projects undertaken by any entity approved under chapter 652 of the
350	350	335acts of 1960, as amended, and chapter 121A of the General Laws shall, in addition to the types of
351	351	336projects authorized by said laws, include projects authorized under section 23; provided, that
352	352	337each such project shall be accompanied by a plan and shall be otherwise subject to the
353	353	338requirements of section 24.
354	354	339 (b) The board may review, improve, approve and monitor any such project or plan in the
355	355	340same manner as provided by said chapter 652, as amended, and said chapter 121A.
356	356	341 SECTION 28. (a) Notwithstanding any general or special law to the contrary, as of the
357	357	342effective date:
358	358	343 (i) all personnel employed by the authority or the corporation shall become employees of
359	359	344the board consistent with and subject to the requirements of this act;
360	360	345 (ii) all assets, accounts, liabilities, obligations, real and personal property and debt of the
361	361	346authority and the corporation are hereby transferred to the board and, without further conveyance
362	362	347or other act, all the assets, accounts liabilities, obligations, real and personal property and debt 18 of 24
363	363	348and all rights, powers and duties of the authority and the corporation shall be transferred to, and
364	364	349assumed by, the board;
365	365	350 (iii) ownership, possession and control of all personal property, including, but not limited
366	366	351to, all equipment, books, maps, papers, plans, records and documents of whatever description
367	367	352then belonging to the authority and the corporation shall pass to, and be vested in, the board
368	368	353without consideration or further evidence of transfer and shall thereafter be in the possession and
369	369	354control of the board;
370	370	355 (iv) ownership, possession and control of all real property, including, but not limited to,
371	371	356all land, buildings, easement, restrictions and other interests in land and other property that are
372	372	357owned or held by the authority or the corporation shall pass to, and be vested in, the board
373	373	358without consideration or further evidence of transfer and shall thereafter be in the possession and
374	374	359control of the board; and
375	375	360 (v) all duly existing contracts, leases, land disposition agreements, collective bargaining
376	376	361agreements and obligations of the authority and the corporation, which are in force immediately
377	377	362before the effective date shall be deemed to be the obligations of the board but shall otherwise be
378	378	363unaffected by this act and no existing right or remedy with respect to any such matter shall be
379	379	364lost, impaired or affected by this act.
380	380	365 (b) The board may establish such bylaws, systems, procedures, accounts and processes as
381	381	366it determines to be necessary or desirable in connection with the assumption, management,
382	382	367operation and administration of the personnel, assets, accounts, liabilities, obligations, real and
383	383	368personal property and debt of the authority and the corporation. 19 of 24
384	384	369 (c) The board may exercise all rights and enjoy all interests conferred upon the authority
385	385	370and the corporation by any such contracts, leases, land disposition agreement or other obligation,
386	386	371including any collective bargaining agreement in existence as of the effective date.
387	387	372 (d) The transfer provided by this act shall be effective upon the effective date and shall
388	388	373bind the board and all other persons with or without notice and without any further action or
389	389	374documentation.
390	390	375 (e) Without derogating from the foregoing, the board may, from time to time, execute and
391	391	376record and file for registration with any registry of deeds or the land court or with the secretary
392	392	377of the commonwealth, as appropriate, a certificate confirming the board’s ownership of any
393	393	378interest in real or personal property formerly held by the authority or the corporation and
394	394	379transferred pursuant to the provisions of this act and establishing and confirming the rights so
395	395	380transferred.
396	396	381 (f) This act shall not limit or impair the rights, remedies or defenses of the board, the
397	397	382authority or the corporation in or to any such action, including, but not limited to, chapter 258 of
398	398	383the General Laws; provided, however, that from and after the effective date any action pending
399	399	384related to such rights, remedies or defenses shall continue unabated and may be completed
400	400	385against or by the board.
401	401	386 (g) No existing rights of the holders of the bonds issued by the authority or the
402	402	387corporation shall be impaired, and the board, as successor in interest to the authority and the
403	403	388corporation, shall maintain the covenants of the trust indentures pertaining to such bonds so long
404	404	389as such bonds shall remain outstanding. 20 of 24
405	405	390 SECTION 29. Notwithstanding any general or special law to the contrary, any order, rule
406	406	391or regulation duly promulgated, or any license, permit, certificate, right or approval duly granted
407	407	392or held by or on behalf of the authority or the corporation shall continue in effect from and after
408	408	393the effective date and shall be enforced by the board until superseded, revised, rescinded or
409	409	394cancelled. Any proceeding before the authority or the corporation pending as of the effective
410	410	395date shall be assumed by the board and shall continue unaffected and without need to be re-
411	411	396noticed or recommenced.
412	412	397 SECTION 30. (a) Notwithstanding any general or special law to the contrary, the board
413	413	398may enter into contracts to create and permit employee contributions to individual retirement
414	414	399accounts for employees of the board pursuant to sections 64A to 64C, inclusive, of chapter 29 of
415	415	400the General Laws.
416	416	401 (b) Section 52 of chapter 121B of the General Laws shall not apply to employees of the
417	417	402board; provided, however, that said section 52 of said chapter 121B shall continue to apply to
418	418	403any employee of the authority subject to the requirements of such section as of the effective date.
419	419	404 (c) All members, officers and employees of the authority and the corporation transferred
420	420	405to the service of the board shall be transferred without impairment of seniority, retirement or
421	421	406other statutory rights of employees, without loss of accrued rights to benefits, holidays, sick
422	422	407leave, vacation pension and all other benefits, except as otherwise provided in this act. All
423	423	408employees of the board shall be eligible for group insurance benefits provided by the insurance
424	424	409commission or otherwise. Terms of service of employees of the authority and the corporation
425	425	410shall not be deemed to be interrupted by virtue of transfer to the board. 21 of 24
426	426	411 (d) Notwithstanding any general or special law to the contrary, current or future retired
427	427	412employees of the authority and the corporation and the surviving spouses of active or retired
428	428	413employees who are eligible for group insurance coverage pursuant to this section and chapter
429	429	41432A of the General Laws shall have said eligibility and coverage transferred from the insurance
430	430	415commission to the eligibility and coverage offered by the board and shall receive the full extent
431	431	416of benefits provided to employees of the board. Such persons shall cease to be eligible or insured
432	432	417by the authority or corporation, as applicable. The insurance commission shall provide
433	433	418uninterrupted coverage for group life and accidental death and dismemberment insurance and
434	434	419group general or blanket insurance providing hospital, surgical, medical, dental and other health
435	435	420insurance benefits to the extent authorized under said chapter 32A. All questions relating to
436	436	421group insurance rights, obligations, costs and payments shall be determined solely by the
437	437	422insurance commission and shall include the manner and method for the payment of all required
438	438	423premiums applicable to all such coverage.
439	439	424 (e) Nothing in this act shall be construed to affect the eligibility and coverage of retired
440	440	425authority or corporation employees and the surviving spouses of active or retired employees who
441	441	426are eligible for group insurance coverage under a plan offered by the authority or corporation or
442	442	427who are insured under a plan offered by the authority or the corporation.
443	443	428 (f) Notwithstanding any other general or special law to the contrary, employees of the
444	444	429corporation who become employed by the city on or after June 29, 2024 and before the effective
445	445	430date of this act with no break in service between the corporation and the city, and employees of
446	446	431the board who become employed by the city on or after the effective date of this act with no
447	447	432break in service between the board and the city, shall have a 1-time opportunity to purchase as
448	448	433creditable service in the BRS prior service to the corporation or the board rendered before the 22 of 24
449	449	434member joined the BRS; provided, that prior to the date any retirement allowance becomes
450	450	435effective, the member shall pay into the annuity savings fund of the BRS in 1 sum, or in
451	451	436installments, upon such terms and conditions as the BRS may prescribe, make-up payments of an
452	452	437amount equal to that which would have been withheld as regular deductions from the member’s
453	453	438regular compensation had the member been eligible for membership and been a member of the
454	454	439BRS during such previous period, together with buyback interest. Former employees of the
455	455	440corporation shall be members in service of BRS when they apply for the purchase of service
456	456	441credit and may request an estimate of the cost of their service purchase from the BRS prior to
457	457	442becoming an employee of the city.
458	458	443 (g) Appropriate staff from the authority and corporation, in cooperation with the city,
459	459	444shall determine the appropriate job titles for employees transferred to the board and the
460	460	445appropriate job titles for employees transferred to the city. Employees transferred to the board
461	461	446shall be placed in job titles and shall be paid wages and receive benefits consistent with the
462	462	447collective bargaining agreement governing such job title, if any, or if no collective bargaining
463	463	448agreement exists for such employees, then consistent with the existing pay and benefits
464	464	449governing such job title as determined by the board.
465	465	450 SECTION 31. Not later than 1 year from the effective date, the board shall file with the
466	466	451city council, mayor and office of the state auditor a closeout audit of the authority and the
467	467	452corporation. The audit shall include a catalogue of the status of the authority’s and corporation’s
468	468	453finances, operations, revenues, debt structure and internal policies and procedures and the
469	469	454transfer of such matters to the board. The city and the board shall determine an appropriate party
470	470	455to conduct the audit by mutual agreement. 23 of 24
471	471	456 SECTION 32. This act shall provide additional, alternative and complete methods for
472	472	457accomplishing the purposes of this act and shall be construed to be supplemental and additional
473	473	458to and not in derogation of any powers conferred upon the board by law; provided, however, that
474	474	459insofar as the provisions of this act are inconsistent with any general or special law,
475	475	460administrative order or regulation, the provisions of this act shall be controlling.
476	476	461 SECTION 33. The abolishment of the authority and corporation pursuant to sections 19
477	477	462and 20 shall be evidenced by the filing of a certificate with the secretary of the commonwealth
478	478	463executed by authority and the corporation and acknowledged by the board as the successor to the
479	479	464authority and the corporation.
480	480	465 SECTION 34. Notwithstanding any general or special law to the contrary, the board shall
481	481	466annually, not later than May 15, report to the clerks of the house of representatives and the senate
482	482	467and the house and senate committees on ways and means any plans and projects approved, in
483	483	468planning and in development, including updates and developments by the board from the
484	484	469preceding year. The report shall include how the board is addressing the: (1) areas that suffer
485	485	470disproportionally from historically inequitable treatment and lack of access to opportunities
486	486	471afforded to the city as a whole, creating wide disparities with respect to equality of economic
487	487	472opportunity, health, safety and quality of life; (2) crisis created by the lack of affordability in the
488	488	473city for the city’s businesses and residents measured against continual and high demand; and (3)
489	489	474threats to the city brought about by the effects of changes to climate. The report shall be made
490	490	475available on the city’s website.
491	491	476 SECTION 35. Any reference to the Boston Redevelopment Authority in any general or
492	492	477special law, rule, regulation, contract or other document shall mean the Boston Planning Board. 24 of 24
493	493	478 SECTION 36. (a) Notwithstanding section 5 of chapter 59 of the General Laws or any
494	494	479other general or special law to the contrary, the city of Boston shall be permitted to allow for an
495	495	480exemption from taxation of personal property not in excess of $30,000 of value.
496	496	481 (b) The city council of the city of Boston shall vote to establish a minimum value of
497	497	482personal property subject to taxation. Said value shall be subject to limitation pursuant to
498	498	483subsection (a).
499	499	484 SECTION 37. Section 21 shall take effect as of July 1, 2024.
500	500	485 SECTION 38. Section 25 shall take effect as of the effective date of this act.
501	501	486 SECTION 39. Section 36 shall take effect upon acceptance by a majority vote of the city
502	502	487council of the city of Boston.
503	503	488 SECTION 40. Except as otherwise specified, this act shall take effect on the date the
504	504	489authority and corporation file appropriate certificates of dissolution pursuant to section 33 with
505	505	490the office of the secretary of the commonwealth but in no event later than a date that is 180 days
506	506	491after signed by the governor.