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HOUSE DOCKET, NO. 3208 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3220
The Commonwealth of Massachusetts
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PRESENTED BY:
David Allen Robertson
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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 spurring intelligent development on MBTA property.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David Allen Robertson19th Middlesex1/16/2025 1 of 3
HOUSE DOCKET, NO. 3208 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3220
By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 3220)
of David Allen Robertson for legislation to establish tax credits for certain development on
Massachusetts Bay Transit Authority property. Revenue.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2928 OF 2023-2024.]
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 spurring intelligent development on MBTA property.
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. Chapter 63 of the General Laws is hereby amended by inserting after
2section 31N the following section:-
3 Section 31O. (a) As used in this section the following terms shall, unless the context
4clearly requires otherwise, have the following meanings:-
5 “Authority”, the Massachusetts Bay Transportation Authority established by section 2 of
6chapter 161A.
7 “Qualified development”, a development of air rights under an agreement with the
8authority pursuant to this section and section 53 of chapter 161A. 2 of 3
9 “Taxpayer”, a person subject to an excise imposed by this chapter, including, without
10limitations, section 2, sections 20 to 23, inclusive, section 29Aand section 39.
11 (b) In addition to any other tax credit allowed by law, a taxpayer may be allowed a tax
12credit with respect to a qualified development of air rights over any parking space, lot or area on
13any mass transportation facilities, as that term is defined in section 1 of chapter 161A, of the
14authority.
15 (c) For the purposes of subsection (b), the authority may annually authorize the total sum
16of $50,000,000 to be allocated to among as many qualified developments as fiscally feasible.
17 The tax credit authorized to a taxpayer with respect to a qualified development shall be
18taken against the taxes imposed pursuant to this chapter, claimed in a single year and subtracted
19from the amount of state tax otherwise due for the taxable year and shall not be refundable.
20 Any amount of such tax credit that exceeds the tax due for a taxable year may be carried
21forward to any of the 5 subsequent taxable years.
22 SECTION 2. Chapter 161A of the General Laws is hereby amended by adding the
23following section:
24 Section 53. (a) Notwithstanding any general or special law to the contrary, the revenue
25received from any lease, license, agreement or other revenue generated regarding air rights over
26any parking space, lot or area on any mass transportation facilities of the authority shall be
27deposited into the MBTA Capital Projects Fund established in subsection (b).
28 (b) There is hereby established and set upon the books of the commonwealth a separate
29fund to be known as the MBTA Capital Projects Fund, which shall by administered by the 3 of 3
30authority. The fund shall be credited with: (i) all revenues collected from subsection (a); (ii)
31interest or investments earnings on any such monies; and (iii) all other amounts credited or
32transferred to the fund from any other fund or source. Amounts credited to the fund may be
33expended by the authority for capital projects of the authority. The unexpended balance in the
34fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years.
35No expenditure made from the fund shall cause the fund to become deficient at any point;
36provided, however, that the authority shall report annually, not later than January 15, to the
37house and senate committees on ways and means relative to the source and amount of funds
38deposited into the fund, the amounts distributed and the purpose of any expenditures from the
39fund.