Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3042 Compare Versions

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22 HOUSE DOCKET, NO. 409 FILED ON: 1/9/2025
33 HOUSE . . . . . . . . . . . . . . . No. 3042
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Simon Cataldo and Carmine Lawrence Gentile
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 establishing a building permit fee surcharge for affordable housing in the town of
1313 Concord.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Simon Cataldo14th Middlesex1/9/2025Carmine Lawrence Gentile13th Middlesex1/9/2025 1 of 2
1717 HOUSE DOCKET, NO. 409 FILED ON: 1/9/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 3042
1919 By Representatives Cataldo of Concord and Gentile of Sudbury, a petition (accompanied by bill,
2020 House, No. 3042) of Simon Cataldo and Carmine Lawrence Gentile (by vote of the town) that
2121 town of Concord be authorized to establish a building permit fee surcharge for affordable
2222 housing in said town. Revenue. [Local Approval Received.]
2323 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2424 SEE HOUSE, NO. 2729 OF 2023-2024.]
2525 The Commonwealth of Massachusetts
2626 _______________
2727 In the One Hundred and Ninety-Fourth General Court
2828 (2025-2026)
2929 _______________
3030 An Act establishing a building permit fee surcharge for affordable housing in the town of
3131 Concord.
3232 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3333 of the same, as follows:
3434 1 SECTION 1. The Town of Concord, hereafter referred to as “the Town,” may, by bylaw,
3535 2require the payment of an affordable housing surcharge for any construction that (i) requires a
3636 3building permit and (ii) exceeds a minimum construction value to be determined by the Select
3737 4Board of the Town. The bylaw shall specify the amount of said affordable housing surcharge, the
3838 5method by which the surcharge may be increased from time to time, and any types of
3939 6construction or uses to which the affordable housing surcharge shall not apply.
4040 7 SECTION 2. All fees received pursuant to this act shall be deposited into the Concord
4141 8Municipal Affordable Housing Trust Fund established pursuant to section 55C of Chapter 44 of
4242 9the General laws and used for any purposes permitted thereunder. 2 of 2
4343 10 SECTION 3. For the purposes of this act, “affordable housing” shall mean housing with
4444 11an affordable housing restriction recorded with the Middlesex South Registrar of Deeds that
4545 12requires the housing to be rented or owned by families and individuals whose income at initial
4646 13occupancy is no more than 150 per cent of the area mean income as determined by the Federal
4747 14Department of Housing and Urban Development guidelines and adjusted for family size and that
4848 15thereafter such units shall be rented or sold, subject to such restrictions on appreciation as
4949 16determined by the municipality to be reasonable and necessary to maintain long term
5050 17affordability, to families or individuals at incomes of no more than 150 per cent of the area mean
5151 18income.
5252 19 SECTION 4. Acceptance of this act by the Town of Concord shall be by vote of
5353 20approval at an annual or special Town Meeting. Sections 1 to 3, inclusive shall take effect 30
5454 21days after such acceptance by the Town.