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HOUSE DOCKET, NO. 3781 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3039
The Commonwealth of Massachusetts
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PRESENTED BY:
Antonio F. D. Cabral
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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 relative to the housing development incentive program.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/17/2025Vanna Howard17th Middlesex1/30/2025Patricia A. Duffy5th Hampden1/30/2025Rodney M. Elliott16th Middlesex2/4/2025Christopher Hendricks11th Bristol2/5/2025James K. Hawkins2nd Bristol2/12/2025Mary S. Keefe15th Worcester3/5/2025 1 of 2
HOUSE DOCKET, NO. 3781 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3039
By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 3039) of
Antonio F. D. Cabral and others relative to the housing development incentive program.
Revenue.
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 relative to the housing development incentive program.
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 38BB of chapter 63 of the General Laws, as amended by section 19 of
2chapter 50 of the acts of 2023, is hereby amended by striking out subdivision (5) and inserting in
3place thereof the following subdivision:-
4 (5) EOHLC may authorize up to $100,000,000 in credits annually under this section and
5subsection (q) of section 6 of chapter 62. EOHLC may authorize annually any credits under this
6section or said subsection (q) of said section 6 of said chapter 62 returned to EOHLC by a
7certified housing development project. The total amount of credits authorized during a year shall
8include: (1) credits granted during the year under this section or said subsection (q) of section 6
9of chapter 62; and (2) carry forwards of credits from prior years under this section or said
10subsection (q) of section 6 of chapter 62, to the extent that such credit carry forwards are
11estimated by the commissioner of revenue to offset tax liabilities during the year. Any portion of
12the $100,000,000 annual cap not awarded by EOHLC in a calendar year may be applied to 2 of 2
13awards in a subsequent year. EOHLC shall provide the commissioner of revenue with any
14documentation that the commissioner deems necessary to confirm compliance with the annual
15cap and the commissioner shall provide a report confirming compliance with the annual cap to
16the secretary of administration and finance and the secretary of housing and livable communities.
17 Section 2. Section 6(q) of chapter 62, as so appearing, is hereby amended by adding the
18following subsection:-
19 (7) EOHLC may authorize up to $5,000,000 in credits to an individual project.
20 Section 3. Section 1 of chapter 40V of the General Laws, as so appearing, is hereby
21amended by striking the definition “housing development project” and inserting in place thereof
22the following:
23 "Housing development project'', a multi-unit residential rehabilitation project that is
24located in a gateway municipality and once rehabilitated, shall contain at least 75 per cent market
25rate units.
26 Section 4. Chapter 40V Section 4 (a)(iv) is hereby amended by striking “80 per cent” and
27inserting in place thereof “75 per cent”.
28 Section 5. Title VII Chapter 40V Section 3 Approval of application for tax exemption for
29housing development project under Sec. 59 of chapter 59 shall be amended as follows:
30 Under section 5M of chapter 59, the department shall approve within 90 days a
31municipality's tax exemption agreement for a housing development project located within an
32approved housing development zone.