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HOUSE DOCKET, NO. 968 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 2316
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Brian W. Murray
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to improve parking and pedestrian safety.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brian W. Murray10th Worcester1/14/2025Steven J. Ouellette8th Bristol1/27/2025 1 of 5
HOUSE DOCKET, NO. 968 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 2316
By Representative Murray of Milford, a petition (accompanied by bill, House, No. 2316) of
Brian W. Murray and Steven J. Ouellette for legislation to improve parking and pedestrian
safety. Municipalities and Regional Government.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2090 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to improve parking and pedestrian safety.
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. Chapter 22 of the General Laws, as appearing in the 2018 Official Edition,
2is hereby amended by adding the following section:-
3 Section 23. (a) In a city or town, where municipal on-street angle or perpendicular
4parking is provided adjacent to a commercial building, there shall be constructed safety
5appurtenances to: (i) separate parking spaces from the sidewalk or frontage area of the building,
6(ii) prevent a motor vehicle from erroneously moving onto the sidewalk or other frontage to said
7building where pedestrian activity is likely to occur, and (iii) prevent a motor vehicle from
8coming into contact with the building structure. For purposes of this section, the term
9commercial building shall mean the construction, reconstruction or substantial rehabilitation to
10enlarge or extend an existing building or structure so as to increase its gross floor area, which is 2 of 5
11intended for 1 or more of the following uses: (1) office, (2) retail business or service, (3)
12institutional or educational, or (4) hotel or motel; provided, that such construction, reconstruction
13or substantial rehabilitation shall exceed $1,000,000 in cost.
14 (b) The owner of a commercial building shall design any enclosed or off-street parking
15lots or facilities for commercial developments, districts or buildings in a way that maintains a
16safe walking distance between the denoted parking and the entryway to the building. The owner
17of a commercial building shall construct safety appurtenances to separate the parking spaces
18from the walkway and to prevent a motor vehicle from erroneously leaving the parking area and
19entering the walkway or colliding with the building.
20 (c) Safety appurtenances shall have the ability to physically stop a motor vehicle from
21breaching the pedestrian walkway or building frontage and structure. The safety appurtenances
22may be either a standard structural bollard, retaining wall, landscape planter or any other
23structural member or frame that will withstand the force of the motor vehicle and prevent it from
24crashing through to the pedestrian walkway or building frontage and structure.
25 (d) All safety appurtenances shall be constructed based on local zoning ordinances and
26bylaws so as to not reduce the sidewalk or the building frontage below the minimum width
27required for pedestrian accessibility under the architectural access board regulations,
28promulgated pursuant to section 13A of chapter 22. No municipality or agency shall approve a
29plan or grant a permit for a commercial development or district unless the plan and proposed
30development includes the safety appurtenances required pursuant to this section.
31 (e) The department may issue a waiver for buildings and developments for which unique
32circumstances make compliance with the requirements of this section an unreasonable burden. 3 of 5
33Developers shall submit requests in writing that include an explanation of the unique
34circumstances and information on alternative safety measures included in the project’s design
35that will protect against vehicle incursions on sidewalks or into buildings. The board shall
36maintain records of waiver requests and outcomes in a written and publicly-accessible form.
37 (f) The department shall promulgate rules and regulations relative to the construction,
38installation and maintenance of such safety appurtenances.
39 SECTION 2. Said Chapter 22, as so appearing, is hereby amended by adding the
40following section:-
41 Section 23A. There shall be a commission known as the Pedestrian Safety Design
42Advisory Group, referred to in this section as the commission. The commission shall investigate
43best practices for planning, design, installation, and maintenance of physical safety measures to
44improve the safety of parking lots and public spaces and shall develop recommendations for
45rules and regulations governing the installation of bollards, appurtenances, or other physical
46safety improvements designed to protect sidewalks and other public spaces from vehicle
47encroachment.
48 The commission shall consist of 15 members, 1 of whom shall be a member of the house
49of representatives appointed by the speaker of the house of representatives; 1 member of the
50house of representatives to be appointed by the minority leader of the house; 1 of whom shall be
51a member of the senate appointed by the president of the senate; 1 member of the senate to be
52appointed by the senate minority leader; 1 of whom shall be the secretary of the executive office
53of public safety and security or a designee, who shall serve as chair; 1 of whom shall be the
54executive director of the architectural access board or a designee; 1 of whom shall be the 4 of 5
55executive director of the Massachusetts School Building Authority or a designee; 1 of whom
56shall be the secretary of the Department of Transportation or a designee; 1 of whom shall be a
57professional engineer appointed by the American Council of Engineering Companies of
58Massachusetts; 1 of whom shall be appointed by the Massachusetts Municipal Association; 1 of
59whom shall be appointed by appointed by NAIOP Massachusetts; 1 of whom shall be appointed
60by the Massachusetts chapter of the American Institute of Architects; 1 of whom shall be
61appointed by The Massachusetts Property Insurance Underwriting Association; 1 of whom shall
62be appointed by the Associated General Contractors of Massachusetts; and 1 of whom shall be
63appointed by the New England chapter of the American Public Works Association.
64 The commission shall submit a report with recommendations for best practices and any
65draft rules and regulations to the Executive Office of Public Safety and the chairs of the Joint
66Committee on Transportation by December 31, 2021.
67 SECTION 3. Section 1 of Chapter 90I of the General Laws, as so appearing, is hereby
68amended by striking the words “and (v)” and inserting in place thereof the following:-
69 “ (v) ensure that eligible projects comply with the requirements of section 101 of chapter
70143 and any additional rules or regulations promulgated by the department; and (vi)”
71 SECTION 4. Chapter 175 of the General Laws, as so appearing, is hereby amended by
72adding the following section:-
73 Section 230. (a) An insurer may consider the installation of safety appurtenances that
74comply with section 101 of chapter 143 to protect persons located within, or in or on the property
75of, buildings, or to protect pedestrians, from collisions into those buildings by motor vehicles, on
76a commercial property parking lot as a safety measure and may provide or offer a discount on the 5 of 5
77property owner's insurance covering damage or loss to the covered commercial property, or
78liability arising out of the ownership, maintenance, or use of the commercial property relative to
79the reduced risk to the property as a result of installation of the appurtenances.
80 (b) The commissioner may promulgate rules and regulations to implement the
81requirements of this section.
82 SECTION 5. Sections 1, 3, and 4 of this act shall go into effect on July 1, 2022.
83 SECTION 6. Safety appurtenances required pursuant to this act shall only be required for
84commercial building permitted after the effective date of this act.