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