Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3194 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2997 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3194
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Samantha Montaño
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to affordable housing and environmental adaptation dollars.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/16/2025Lindsay N. Sabadosa1st Hampshire2/4/2025James B. EldridgeMiddlesex and Worcester2/4/2025Christopher Richard Flanagan1st Barnstable2/4/2025Steven Owens29th Middlesex2/4/2025Erika Uyterhoeven27th Middlesex3/5/2025James K. Hawkins2nd Bristol3/5/2025Jason M. LewisFifth Middlesex3/5/2025Rob Consalvo14th Suffolk3/5/2025Christine P. Barber34th Middlesex3/5/2025Christopher J. Worrell5th Suffolk3/5/2025 1 of 6
16	16	HOUSE DOCKET, NO. 2997 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3194
18	18	By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 3194) of
19	19	Samantha Montaño and others for legislation to increase the deeds excise to fund emergency
20	20	assistance needs of certain low income tenants and homeowners. Revenue.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to affordable housing and environmental adaptation dollars.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 35GGG of chapter 10 of the General Laws, as appearing in the
30	30	22022 Official Edition, is hereby amended by inserting after the word “year”, in line 96, the
31	31	3following words:- ; provided further, that said limitation shall not apply to funds deposited in the
32	32	4fund pursuant to section 1 of chapter 64D; provided further, that the amounts expended shall be
33	33	5allocated with due consideration given to: (1) environmental justice populations as defined in
34	34	6section 62 of chapter 30; (2) a reasonable distribution of resources across the commonwealth;
35	35	7and (3) other factors in the interests of justice. Before making grants or loans for the upcoming
36	36	8fiscal year, the secretary of energy and environmental affairs shall develop a spending plan no
37	37	9later than August 1. The spending plan shall be posted to a publicly accessible website in a
38	38	10machine readable format.
39	39	11 SECTION 2. Section 1 of chapter 64D of the General Laws, as so appearing, is hereby
40	40	12amended by striking out the words “two dollars” each time they appear and inserting in place 2 of 6
41	41	13thereof the following words:- two dollars and twenty eight cents, plus an additional and separate
42	42	14fee of one dollar and fourteen cents that shall be deposited on the first day of February into the
43	43	15Global Warming Solutions Trust Fund established by section 35GGG of chapter 10, plus an
44	44	16additional and separate fee of sixty-eight cents that shall be deposited into the Affordable
45	45	17Housing Trust Fund as established by section 2 of chapter 121D, plus an additional and separate
46	46	18fee of forty-six cents that shall be deposited into the Housing Preservation and Stabilization Trust
47	47	19Fund as established by section 60 of chapter 121B; provided, further, that all monies deposited in
48	48	20the Global Warming Solutions Trust in accordance with this section shall support the planning
49	49	21and implementation of policy recommendations required in each of the Commonwealth’s Clean
50	50	22Energy and Climate plans or development and initiation of programs pursuant to sections 5 and 6
51	51	23of chapter 8 of the acts of 2021; provided further, that funds deposited in the Global Warming
52	52	24Solutions Trust in accordance with this section shall prioritize investments with environmental
53	53	25justice populations as defined in section 62 of chapter 30; provided further, that the expenditure
54	54	26of funds deposited in the Affordable Housing Trust Fund, Housing Preservation and Stabilization
55	55	27Trust Fund, Global Warming Solutions Trust in accordance with this section shall prioritize
56	56	28investments with consideration of regional equity.
57	57	29 SECTION 3. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby
58	58	30amended by adding the following subsections:-
59	59	31 (ee) (1) As used in this subsection, the words contained in this subsection shall have the
60	60	32same meanings as the definitions in subsection (k).
61	61	33 (2) A taxpayer shall be allowed a credit equal to 25 per cent of a payment made pursuant
62	62	34to section 1 of chapter 64D against the taxes imposed by this chapter if that person sold their 3 of 6
63	63	35residence during the taxable year. If the amount of the credit allowed under this subsection
64	64	36exceeds the taxpayer's tax liability, the commissioner shall treat the excess as an overpayment
65	65	37and shall pay the taxpayer the entire amount of the excess without interest.
66	66	38 (3) The credit shall be available only if the taxpayer is low-income as defined pursuant to
67	67	39section 1 of chapter 40T.
68	68	40 (4) No credit shall be allowed for a married individual unless a joint return is filed.
69	69	41 (5) No credit shall be allowed by this subsection with respect to the sale on more than one
70	70	42residence of any taxpayer during any taxable year.
71	71	43 (6) Any credit provided by this subsection shall not be counted as income in determining
72	72	44eligibility or benefits under any other means-tested assistance program, including but not limited
73	73	45to all such cash, food, medical, housing, energy and educational assistance programs.
74	74	46 (ff) (1) As used in this subsection, the following words shall have the same meaning as
75	75	47the definitions in subsection (k).
76	76	48 (2) A taxpayer shall be allowed a credit equal to 25 per cent of a payment made pursuant
77	77	49to section 1 of chapter 64D against the taxes imposed by this chapter if the taxpayer sold their
78	78	50residence during the taxable year to a first-time home buyer; provided, further, that if there are
79	79	51multiple persons recorded on the deed all persons must be first-time homebuyers for the taxpayer
80	80	52to be allowed this credit.
81	81	53 (3) No credit shall be allowed for a married individual unless a joint return is filed.
82	82	54 (4) No credit shall be allowed by this subsection with respect to the sale on more than one
83	83	55residence of any taxpayer during any taxable year. 4 of 6
84	84	56 (5) Any credit provided by this subsection shall not be counted as income in determining
85	85	57eligibility or benefits under any other means-tested assistance program, including but not limited
86	86	58to all such cash, food, medical, housing, energy and educational assistance programs.
87	87	59 SECTION 4. Said section 1 of said chapter 64D, as so appearing, is hereby further
88	88	60amended by striking out, in line 15, the words “one dollar and fifty cents” and inserting in place
89	89	61thereof the following words:- one dollar and seventy-one cents, plus an additional and separate
90	90	62fee of eighty-six cents that shall be deposited into the Global Warming Solutions Trust Fund
91	91	63established by said section 35GGG of said chapter 10, plus an additional and separate fee of
92	92	64fifty-one cents that shall be deposited into the Affordable Housing Trust Fund as established by
93	93	65section 2 of chapter 121D, plus an additional and separate fee of thirty-four cents that shall be
94	94	66deposited into the Housing Preservation and Stabilization Trust Fund as established by section
95	95	6760 of chapter 121B; provided, however, that all monies deposited in the Global Warming
96	96	68Solutions Trust in accordance with this section shall support the planning and implementation of
97	97	69policy recommendations required in each of the Commonwealth’s Clean Energy and Climate
98	98	70plans pursuant to Sections 5, and development and initiation of programs required in Section 6,
99	99	71of Chapter 8 of the Acts of 2021; provided further, that priority shall be given to investments in
100	100	72environmental justice populations as defined in Section 62 of Chapter 30; provided further, that
101	101	73the amounts deposited in said trust funds shall be reduced proportionalely by the amounts of
102	102	74aggregate amount of the credits claimed under subsection (ee) and subsections (ff) of section 6 of
103	103	75chapter 62 during the previous calendar year; provided further, that the expenditure of funds
104	104	76deposited in Affordable Housing Trust Fund and Housing Preservation and Stabilization Trust
105	105	77Fund in accordance with this section shall prioritize investments with consideration of regional
106	106	78equity. 5 of 6
107	107	79 SECTION 5. Said section 1 of said chapter 64D, as so appearing, is hereby further
108	108	80amended by striking out, in line 20, the words “in said Funds” and inserting in place thereof the
109	109	81following words:- received pursuant to this chapter, except for the monies collected and
110	110	82deposited in the Global Warming Solutions Trust Fund established by said section 35GGG of
111	111	83chapter 10, the Affordable Housing Trust Fund established by section 2 of chapter 121D, and the
112	112	84Housing Preservation and Stabilization Trust Fund established by section 60 of chapter 121B.
113	113	85 SECTION 6. Section 10 of said chapter 64D, as so appearing, is hereby amended by
114	114	86inserting after the word “commonwealth,” in line 2, the following words:- except for the monies
115	115	87collected and deposited into the separate funds as required by this chapter.
116	116	88 SECTION 7. Section 60 of chapter 121B of the General Laws, as so appearing, is hereby
117	117	89amended by inserting after the word, “homeless”, in line 21, the following words:- provided
118	118	90further, that the amounts expended shall be allocated with due consideration given to: (1) racial
119	119	91justice; (2) a reasonable distribution of resources across the commonwealth; and (3) other factors
120	120	92in the interests of justice.
121	121	93 SECTION 8. Said section 60 of said chapter 121B, as so appearing, is hereby further
122	122	94amended by inserting after the word, “plan”, in line 23, the following words:- , developed in
123	123	95consultation with racial justice-oriented stakeholders and the Massachusetts Association of
124	124	96Regional Planning Agencies,.
125	125	97 SECTION 9. Subsection (e) of said section 60 of said chapter 121B, as so appearing, is
126	126	98hereby amended by inserting after the fifth sentence the following sentence:- The spending plan
127	127	99shall be posted to a publicly accessible website in a machine readable format. 6 of 6
128	128	100 SECTION 10. Section 2 of chapter 121D of the General Laws, as so appearing, is hereby
129	129	101amended by inserting after the word “Development”, in line 11, the following words:- provided
130	130	102further, that the amounts expended shall be allocated with due consideration given to: (1) racial
131	131	103justice; (2) a reasonable distribution of resources across the commonwealth; and (3) other factors
132	132	104in the interests of justice. Before making grants or loans for the upcoming fiscal year, the agency,
133	133	105in consultation racial justice-oriented stakeholders and the Massachusetts Association of
134	134	106Regional Planning Agencies, shall develop a spending plan no later than August 1. The spending
135	135	107plan shall be posted to a publicly accessible website in a machine readable format.
136	136	108 SECTION 11. Section 23 of chapter 546 of the acts of 1969 is hereby repealed.
137	137	109 SECTION 12. This act shall take effect on January 1, 2026.