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HOUSE DOCKET, NO. 987 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 309
The Commonwealth of Massachusetts
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PRESENTED BY:
Jeffrey Rosario Turco and Rob Consalvo
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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 updating and modernizing Chapter 40R..
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey Rosario Turco19th Suffolk1/14/2025 1 of 3
HOUSE DOCKET, NO. 987 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 309
By Representatives Turco of Winthrop and Consalvo of Boston, a petition (accompanied by bill,
House, No. 309) of Jeffrey Rosario Turco for legislation to further regulate smart growth zoning
districts. Community Development and Small Businesses.
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 updating and modernizing Chapter 40R..
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 9 of chapter 40R of the General Laws, as so appearing, is
2hereby amended by striking out subsections (a) and (b) and inserting in place thereof the
3following 2 subsections:-
4 (a) The commonwealth shall pay from the trust fund or other funds from appropriations
5or other money authorized by the general court a zoning incentive payment, according to the
6following schedule:
7 Projected Units of New Construction% Payment
8 Up to 20% $20,000
9 21 to 100% $150,000
10 101 to 200% $400,000 2 of 3
11 201 to 500% $740,000
12 501 or more% $1,200,000
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14 Subject to any conditions imposed by the department as a condition of approving a smart
15growth zoning district or starter home zoning district, the zoning incentive payment shall be
16payable upon confirmation of approval of the district by the department. The projected number
17of units shall be based upon the zoning adopted in the smart growth zoning district or starter
18home zoning district.
19 (b) The commonwealth shall pay from the trust fund or other funds from appropriations
20or other money authorized by the general court a 1-time density bonus payment to each city or
21town with an approved smart growth zoning district and a 1-time production bonus payment to
22each city or town with an approved starter home zoning district. This payment shall be $6,000
23for each housing unit of new construction created in the smart growth zoning district and $6,000
24for each housing unit of new construction created in the starter home zoning district. The amount
25due shall be paid on a unit-by-unit basis in accordance with department regulations, upon
26submission by a city or town of proof of issuance of a building permit for a particular housing
27unit or units within the district.”
28 SECTION 2. Section 12 of Chapter 40R of the General Laws is hereby amended by
29inserting in line 3, after the word “review”, the following words:-
30 “, including but not limited to an analysis of the incentive payments, in Section 9, to
31determine that those payments are consistent with housing costs per the Consumer Price Index.” 3 of 3
32 SECTION 3. This act shall take effect for tax years beginning on or after January 1,
332025.
34 SECTION 4. Notwithstanding any other section of the law to the contrary, no later than
3510 years after the date of enactment, the increased incentives, as identified in section 1 and
36section 2, shall revert back to their original figures.