Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1284 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2478 FILED ON: 2/28/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1284
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 authorizing the establishment of a betterment loan program for the funding of
13	13	electrification initiatives in the town of Brookline.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexTommy Vitolo15th Norfolk 1 of 3
17	17	SENATE DOCKET, NO. 2478 FILED ON: 2/28/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1284
19	19	By Ms. Creem, a petition (accompanied by bill, Senate, No. 1284) of Cynthia Stone Creem and
20	20	Tommy Vitolo (by vote of the town) for legislation to authorize the establishment of a
21	21	betterment loan program for the funding of electrification initiatives in the town of Brookline.
22	22	Municipalities and Regional Government. [Local approval received]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act authorizing the establishment of a betterment loan program for the funding of
29	29	electrification initiatives in the town of Brookline.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. As used in this act, the term “electrification” shall mean the installation or
33	33	2removal of structures or equipment for the purpose of powering a residential home or structure
34	34	3by means of electricity or removing a fossil-fuel energy system, including, but not limited to,
35	35	4energy efficiency measures, the installation of solar panels or electric appliances, the removal of
36	36	5fossil fuel heating equipment or appliances and the related equipment, structures and labor and
37	37	6other costs associated with such activities.
38	38	7 SECTION 2. Notwithstanding any general or special laws to the contrary, the town of
39	39	8Brookline may create and administer a loan program, using municipal betterments, to provide
40	40	9low-interest loans to qualifying households for the electrification of residential households.
41	41	10 SECTION 3. The town of Brookline may enter into a written agreement with any
42	42	11property owner to finance the payment of expenses for the installation or removal of equipment 2 of 3
43	43	12or structures, including related labor and other costs and expenses, for the electrification of a
44	44	13residential structure. A property owner who enters into such an agreement with the town shall be
45	45	14responsible for all expenses incurred by the town for such installation.
46	46	15 SECTION 4. A notice of an agreement entered into pursuant to this act shall be recorded
47	47	16as a betterment and be subject to the provisions of chapter 80 of the General Laws relative to the
48	48	17apportionment, division, reassessment, abatement and collections of assessments and to interest;
49	49	18provided, however, that for purposes of this section, a lien shall take effect by operation of law
50	50	19on the day immediately following the due date of such assessment or apportioned part of such
51	51	20assessment and such assessment may bear interest at a rate determined by the treasurer of the
52	52	21town of Brookline by agreement with the owner at the time such agreement is entered into
53	53	22between the town and the property owner. In addition to remedies available under said chapter
54	54	2380, the property owner shall be personally liable for the repayment of the total costs incurred by
55	55	24the town under this section; provided, however, that upon the conveyance of such property, the
56	56	25obligations of this act shall be assumed by the transferee and the owner shall be relieved of such
57	57	26personal liability; provided further, that the owner remains responsible for any unpaid
58	58	27obligations that accrued prior to the transfer of the property.
59	59	28 SECTION 5. Any costs incurred under this act may be funded by an appropriation or
60	60	29issuance of debt by the town of Brookline; provided, however, that any debt incurred shall be
61	61	30subject to chapter 44 of the General Laws and shall not exceed 20 years. Any appropriation or
62	62	31borrowing by the town for purposes contained within this section shall not be included in the
63	63	32computation of the levy or borrowing limits otherwise imposed upon the town by the General
64	64	33Laws. 3 of 3
65	65	34 SECTION 6. An agreement between a property owner and the town of Brookline
66	66	35pursuant to this act shall not be considered a breach of limitation or prohibition contained in a
67	67	36note, mortgage or contract on the transfer of an interest in property.
68	68	37 SECTION 7. The town of Brookline shall implement the program under this act through
69	69	38the adoption of regulations by the select board of the town following a public hearing.
70	70	39 SECTION 8. A decision by the town of Brookline to extend or deny a loan pursuant to a
71	71	40program established under this act shall be discretionary. Any legislative determination by the
72	72	41town shall be final and conclusive and shall not be reviewable in any court.