Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3038 Compare Versions

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22 HOUSE DOCKET, NO. 3469 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 3038
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Antonio F. D. Cabral
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to establish a downtown vitality fund to strengthen local business districts and main
1313 streets.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/17/2025Rodney M. Elliott16th Middlesex2/4/2025Christopher Hendricks11th Bristol2/5/2025Mary S. Keefe15th Worcester3/5/2025 1 of 4
1717 HOUSE DOCKET, NO. 3469 FILED ON: 1/17/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 3038
1919 By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 3038) of
2020 Antonio F. D. Cabral and others for legislation to establish a downtown vitality fund to
2121 strengthen local business districts and main streets funded by a portion of the sales tax. Revenue.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act to establish a downtown vitality fund to strengthen local business districts and main
2828 streets.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 10 of the General Laws, as appearing in the 2022 Official Edition,
3232 2is hereby amended by inserting after section 35SSS, the following new section:
3333 3 Section 35TTT. Downtown Vitality Fund
3434 4 (a) As used in this section, the following words shall, unless the context requires
3535 5otherwise, have the following meanings:-
3636 6 “Agency”, the Executive Office of Housing and Economic Development.
3737 7 “Commercial areas”, meaning central business districts, town centers, commercial
3838 8corridors (“Main Streets”), neighborhood-serving commercial districts, and other walkable,
3939 9mixed-use areas. 2 of 4
4040 10 “District management entities”, which may include business improvement districts as
4141 11defined in section 1 of chapter 40o of the General Laws, parking benefit districts as defined in
4242 12section 22A1/2 of chapter 40 of the General Laws, cultural districts as defined in section 58A of
4343 13chapter 10 of the General Laws, or other district management strategies approved by the agency.
4444 14 “Secretary”, the Secretary of Economic Development.
4545 15 ''Fund'', the Downtown Vitality Fund, established under subsection (b) of section 35QQQ
4646 16of chapter 10 of the General Laws.
4747 17 “Sales tax-regular”, the amount of retail sales tax collected by the commonwealth,
4848 18excluding taxes on meals, motor vehicles, cigarettes, fuels, alcohol, lodging, car rentals, and
4949 19other special categories.
5050 20 (b) There is hereby established on the books of the commonwealth a separate fund to be
5151 21known as the Downtown Vitality Fund. There shall be credited to the fund 0.75% of the “Sales
5252 22tax-regular” receipts collected. Annual receipts into the fund on account of any fiscal year shall
5353 23be considered to meet the full obligation of the commonwealth to the fund for said fiscal year.
5454 24 (c) Amounts in the fund shall be held by the Executive Office of Economic Development,
5555 25exclusively for the purposes of the fund, and the agency shall disburse amounts in the fund,
5656 26without further appropriation, upon the request from time to time of its Secretary. All amounts in
5757 27the fund, including investment earnings, shall be available for expenditure by the agency for any
5858 28lawful purpose. The Fund shall be administered by the Massachusetts Downtown Initiative
5959 29within EOED along with line item 7002-8075 and other technical assistance funds allocated to
6060 30the office. 3 of 4
6161 31 (d) The agency shall report annually on grants dispersed by the fund to the clerks of the
6262 32house and senate and to the house and senate committees on ways and means.
6363 33 (e) The agency shall make expenditures from the fund for the following purposes and
6464 34subject to the following guidelines:
6565 35 (1) To provide grants to establish district management entities in commercial areas.
6666 36 (2) To provide operating grants to help strengthen and sustain existing district
6767 37management entities approved by the agency.
6868 38 (3) To provide technical assistance grants for local district management entities to
6969 39conduct studies or launch new programs, and which might be paid to a third-party entity.
7070 40 (4) To provide multi-year grants to communities participating in the Transformative
7171 41Development Initiative (TDI) program, to be administered by the Massachusetts Development
7272 42Finance Agency (“MassDevelopment”).
7373 43 (5) To provide direct grants to municipalities or municipally endorsed third parties to
7474 44implement local economic development plans, small business plans, rapid response plans, or
7575 45other such plans intended to strengthen local commercial areas.
7676 46 (6) The agency will establish guidelines for awarding grants, which will incorporate the
7777 47following priorities: support small business districts in Gateway Cities and other economically-
7878 48disadvantaged areas; expand entrepreneurship opportunities among underrepresented
7979 49communities; strengthen cultural identity and prevent cultural displacement; and require a local
8080 50match set at a level commensurate with the strength of the local market economy. 4 of 4
8181 51 (f) Not later than September 1 of each year, the secretary shall file a report in writing with
8282 52the joint committee on community development and small businesses and the house and senate
8383 53committees on ways and means concerning the grants made in the fiscal year ending on the
8484 54preceding June 30.
8585 55 (g) There shall be established a board to be known as the Downtown Vitality Advisory
8686 56Board. Said board shall consist of at least 15 members, who shall be citizens of the
8787 57commonwealth, and appointed by the secretary. The members of the board shall include at least
8888 58one representative of the Massachusetts Development Finance Agency (MassDevelopment); at
8989 59least one representative of the Massachusetts Cultural Council; at least two business
9090 60improvement districts; at least two cultural districts; at least one Gateway City mayor, manager,
9191 61or economic development director; at least one non-Gateway City municipal representative; and
9292 62at least three members of small business representatives serving underrepresented communities,
9393 63including immigrants and people of color. The Secretary shall appoint members for terms no
9494 64longer than three years. Members shall serve without compensation. The board shall advise the
9595 65director on the activities and uses of the fund including, but not limited to: reviewing and making
9696 66recommendations on grant requirements and selection criteria, and reviewing grant applications
9797 67and making recommendations relative to grant awards. The advisory board shall, from time to
9898 68time, submit recommendations to the legislature on any legislative changes it deems necessary
9999 69for the successful operation of the fund.