Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H890 Compare Versions

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

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 754 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 890
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brian M. Ashe
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 crumbling concrete foundations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Brian M. Ashe2nd Hampden1/13/2025James C. Arena-DeRosa8th Middlesex2/12/2025Donald R. Berthiaume, Jr.5th Worcester2/2/2025Natalie M. Blais1st Franklin1/14/2025Patricia A. Duffy5th Hampden1/29/2025Peter J. DurantWorcester and Hampshire1/13/2025James B. EldridgeMiddlesex and Worcester2/10/2025Rodney M. Elliott16th Middlesex1/30/2025Ryan C. FattmanWorcester and Hampden1/17/2025Kimberly N. Ferguson1st Worcester1/13/2025Paul K. Frost7th Worcester1/22/2025Colleen M. Garry36th Middlesex1/25/2025Kenneth I. Gordon21st Middlesex1/28/2025Christopher Hendricks11th Bristol1/31/2025Natalie M. Higgins4th Worcester1/28/2025Hannah Kane11th Worcester1/28/2025David Henry Argosky LeBoeuf17th Worcester2/10/2025Marc T. Lombardo22nd Middlesex2/6/2025 2 of 2
16	16	John J. Marsi6th Worcester1/27/2025Joseph D. McKenna18th Worcester1/28/2025Michael O. MooreSecond Worcester2/24/2025David K. Muradian, Jr.9th Worcester1/30/2025Jacob R. OliveiraHampden, Hampshire and Worcester1/27/2025Kelly W. Pease4th Hampden1/14/2025Angelo J. Puppolo, Jr.12th Hampden1/24/2025Rebecca L. RauschNorfolk, Worcester and Middlesex1/30/2025Lindsay N. Sabadosa1st Hampshire1/30/2025Danillo A. Sena37th Middlesex3/10/2025Todd M. Smola1st Hampden1/30/2025Alyson M. Sullivan-Almeida7th Plymouth2/6/2025Susannah M. Whipps2nd Franklin2/7/2025Jonathan D. Zlotnik2nd Worcester2/11/2025 1 of 4
17	17	HOUSE DOCKET, NO. 754 FILED ON: 1/13/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 890
19	19	By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 890) of
20	20	Brian M. Ashe and others relative to concrete foundations. Environment and Natural Resources.
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 crumbling concrete foundations.
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. Chapter 29 of the General Laws is hereby amended by inserting after
30	30	2section 2EEEEEE the following section:-
31	31	3 Section 2FFFFFF. (a) There shall be a Crumbling Concrete Assistance Fund, which shall
32	32	4be administered by the secretary of housing and livable communities. The fund shall be
33	33	5expended, without further appropriation to: (i) provide financial assistance to owners of
34	34	6residential real property for the repair or replacement of concrete foundations of such residential
35	35	7real property that have deteriorated due to the presence of pyrite or pyrrhotite; (ii) minimize
36	36	8negative fiscal impacts on municipalities in which such property is located; and (iii) reimburse
37	37	9the owner of a residential real property that presents satisfactory evidence, as determined by the
38	38	10secretary, that said owner has paid for and replaced their concrete foundation that deteriorated
39	39	11due to the presence of pyrite or pyrrhotite prior to the establishment of the fund; provided,
40	40	12however, that the reimbursement shall not exceed the funding the owner would have received 2 of 4
41	41	13had they applied for financial assistance through the fund. The secretary shall seek to maximize
42	42	14available federal reimbursements for money spent from the fund.
43	43	15 The fund shall be credited with: (i) appropriations or other money authorized by the
44	44	16general court and specifically designated to be credited to the fund; (ii) funds from public and
45	45	17private sources, including, but not limited to, gifts, grants, donations and settlements received by
46	46	18the commonwealth that are specifically designated to be credited to the fund; (iii) federal funds
47	47	19received under subsection (b); and (iv) interest earned on the assets of the fund. Any balance in
48	48	20the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years
49	49	21and shall not be transferred to any other fund or revert to the General Fund.
50	50	22 (b) The secretary of housing and livable communities may apply for, receive and deposit
51	51	23any federal funds, including, but not limited to, funds made available by the United States
52	52	24Department of Housing and Urban Development Section 108 Loan Guarantee program, into the
53	53	25fund.
54	54	26 (c) Amounts issued from the fund to impacted homeowners for the repair or replacement
55	55	27of concrete foundations that have deteriorated due to the presence of pyrrhotite shall be exempt
56	56	28from taxation under chapter 62.
57	57	29 (d) Annually, not later than June 1, the secretary of housing and livable communities
58	58	30shall report on the activities of the fund from the previous calendar year to the clerks of the
59	59	31senate and house of representatives, the senate and house committees on ways and means, the
60	60	32joint committee on environment and natural resources and the joint committee on housing.
61	61	33 (e) The secretary of housing and livable communities shall promulgate regulations or
62	62	34issue other guidance to set rules for the expenditure of the funds under this section. 3 of 4
63	63	35 SECTION 2. The secretary of housing and livable communities shall convene a
64	64	36stakeholder working group to make recommendations for regulatory and legislative change
65	65	37necessary to comprehensively address the remediation of residential property foundations that
66	66	38have deteriorated due to the presence of pyrite or pyrrhotite. The working group shall convene
67	67	39not later than 30 days after the effective date of this act, and shall include: the secretary of
68	68	40housing and livable communities or a designee, who shall serve as chair; the secretary of
69	69	41transportation or a designee; the undersecretary of consumer affairs and business regulation or a
70	70	42designee; the commissioner of insurance or a designee; the commissioner of banks or a designee;
71	71	433 members appointed by the attorney general who shall have experience in advocating for
72	72	44homeowners and consumers; the chairs and ranking minority members of the joint committee on
73	73	45environment and natural resources; a representative of Massachusetts Residents Against
74	74	46Crumbing Foundations; a representative of the Massachusetts Concrete & Aggregate Producers
75	75	47Association, Inc.; a representative of the Massachusetts Municipal Association Inc.; a
76	76	48representative of the Massachusetts Insurance Federation Inc.; and a representative of the
77	77	49Massachusetts Mortgage Bankers Association, Inc.
78	78	50 The working group shall examine: (i) which executive office, department, agency or
79	79	51bureau within an executive office, if any, is best equipped to administer a program to assist
80	80	52residential property owners impacted by the presence of pyrite or pyrrhotite, including
81	81	53administering the Crumbling Concrete Assistance Fund established under section 2FFFFFF of
82	82	54chapter 29 of the General Laws, or which executive office or department is best equipped to
83	83	55oversee a new agency or bureau; (ii) relevant models to assist impacted homeowners, including,
84	84	56but not limited to, a captive insurance company, a supplemental loan program, an interstate
85	85	57agreement with a captive insurance company with expertise in assessing residential property 4 of 4
86	86	58foundation claims, property tax abatement and waiving local and state permit fees; (iii) models to
87	87	59fund said Crumbling Concrete Assistance Fund, including, but not limited to: (a) insurance
88	88	60surcharges on certain homeowners insurance policies, not to exceed $12 annually, and when and
89	89	61on which policies the surcharge would apply and (b) other sources of state and federal funding
90	90	62opportunities; and (iv) methods to improve consumer protection through means such as
91	91	63disclosures, appointment of a homeowner advocate within a department, agency or bureau to
92	92	64assist impacted homeowners, or consumer education.
93	93	65 The working group shall submit its report and any recommendations to the clerks of the
94	94	66senate and house of representatives, the joint committee on environment and natural resources,
95	95	67the joint committee on housing and the senate and house committees on ways and means not
96	96	68later than February 1, 2026.