Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H983 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 3358 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 983
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Meghan K. Kilcoyne
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 prevention and protection.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Meghan K. Kilcoyne12th Worcester1/17/2025Paul K. Frost7th Worcester2/13/2025Colleen M. Garry36th Middlesex2/13/2025 1 of 8
16	16	HOUSE DOCKET, NO. 3358 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 983
18	18	By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 983) of
19	19	Meghan K. Kilcoyne, Paul K. Frost and Colleen M. Garry relative to crumbling concrete
20	20	prevention and protection. 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 prevention and protection.
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 XX. Section 97 of chapter 13 of the General Laws is hereby amended by
30	30	2inserting at the end thereof the following paragraphs:-
31	31	3 Said board shall require all licensed home inspectors who perform an inspection on a
32	32	4residential home for the purpose of a sale or lease of the home to provide the potential buyer or
33	33	5lessee information regarding the possible presence of pyrrhotite or framboidal pyrite in the
34	34	6concrete foundation, prepared by the crumbling concrete relief agency established by section 2 of
35	35	7chapter 23B.
36	36	8 Said board shall require all licensed home inspectors who perform an inspection on a
37	37	9newly constructed residential home for the purpose of a sale or lease of the home to review
38	38	10city/town building officials’ inspection documentation in compliance with Massachusetts
39	39	11Building Code, specifically concrete foundations. All findings must be reported in the final home
40	40	12inspection report provided to the potential buyer or lessee. 2 of 8
41	41	13 SECTION XX. Chapter 6C of the General Laws is hereby amended by striking section
42	42	1479 in its entirety and adding the following section:-
43	43	15 Section 79. (a) The Department in consultation with the state geologist shall promulgate
44	44	16regulations to establish standards for determining the presence of pyrrhotite and framboidal
45	45	17pyrite in cement concrete aggregate for use in building foundations. Such regulations shall
46	46	18require aggregate manufacturers to submit test results, a Geological Source Report, and such
47	47	19other information and documentation as the department may require.
48	48	20 (b) The Department shall publish a list of concrete aggregate sources for use in cement
49	49	21concrete foundations that the department identifies pursuant to the testing requirements under
50	50	22subsection (a).
51	51	23 (c) The Department shall maintain for 30 years information and documentation received
52	52	24from aggregate manufacturers pursuant to the regulations established under subsection (a).
53	53	25 SECTION XX. Section 2(a) of chapter 23B of the General Laws is hereby amended by
54	54	26inserting the following new subsection:-
55	55	27 (xviii) Provide assistance to owners of residential real property with concrete foundations
56	56	28that have tested positive for the presence of pyrrhotite or framboidal pyrite including, without
57	57	29limitation: (a) providing information to the public regarding structurally sound concrete and the
58	58	30dangers of pyrrhotite or framboidal pyrite; (b) administering the crumbling concrete assistance
59	59	31fund established in section 2RRRRR of chapter 29, including establishing eligibility
60	60	32requirements and (c) implementing a process for impacted homeowners to secure foundation
61	61	33repair and replacement funding from the fund. A decision on a request from an impacted
62	62	34homeowner for such financial assistance shall be provided in writing to the homeowner and shall 3 of 8
63	63	35include the information relied upon and the basis for such decision, including the relevant
64	64	36eligibility and underwriting criteria. An impacted homeowner may request a review of any
65	65	37decision by the agency relating to such homeowner not later than 30 days after the decision. A
66	66	38final determination on such a request for review shall be provided in writing to the homeowner
67	67	39not later than 30 days after receipt of the homeowner’s request, unless an extension is agreed to
68	68	40by the homeowner.
69	69	41 SECTION XX. Chapter 29 of the General Laws is hereby amended by inserting after
70	70	42section 2QQQQQ the following section:-
71	71	43 Section 2RRRRR. (a) There shall be a Crumbling Concrete Assistance Fund. The fund
72	72	44shall be expended to provide financial assistance to owners of residential real property for the
73	73	45repair or replacement of concrete foundations of such property that have deteriorated due to the
74	74	46presence of pyrrhotite or framboidal pyrite and to minimize any negative economic impacts on
75	75	47municipalities in which such property are located. The department of housing and livable
76	76	48communities established by chapter 23B of the General Laws shall administer the fund and shall
77	77	49make expenditures from the fund, without further appropriation. The department shall seek to
78	78	50maximize available federal reimbursements for money spent from the fund.
79	79	51 The fund shall consist of: (i) revenue from appropriations or other money authorized by
80	80	52the general court and specifically designated to be credited to the fund; (ii) interest earned on
81	81	53such revenues; (iii) funds from public and private sources, including but not limited to gifts,
82	82	54grants, donations, and settlements received by the commonwealth that are specifically designated
83	83	55to be credited to the fund; (iv) federal funds paid to the commonwealth under paragraph (b) of
84	84	56this section; (v) monies paid to the commonwealth under paragraph (c) of this section; and (vi) 4 of 8
85	85	57monies paid to the commonwealth under paragraph (d) of this section. Any bond proceeds
86	86	58deposited into the fund shall be kept separate from any and all other funds deposited into the
87	87	59fund. Any balance in the fund at the close of a fiscal year shall be available for expenditure in
88	88	60subsequent fiscal years and shall not be transferred to any other fund or revert to the General
89	89	61Fund.
90	90	62 (b) The department of housing and livable communities established by chapter 23B may
91	91	63apply for, receive and deposit any federal funds, including but not limited to funds made
92	92	64available by the United States Department of Housing and Urban Development Section 108
93	93	65Loan Guarantee program, into the fund established by this section.
94	94	66 (c) Any entity licensed and engaged in the provision of homeowners insurance that has
95	95	67denied or rejected claims for repair or replacement of foundations due to the presence of
96	96	68pyrrhotite or framboidal pyrite at any time during the period beginning January 1, 2000, and
97	97	69continuing through December 31, 2025, inclusive, shall be required to pay to the department of
98	98	70revenue an amount equal to the total estimated or actual cost of repair or replacement, adjusted
99	99	71for inflation as applicable, in each instance of a denial. No later than November 30, 2026, the
100	100	72attorney general shall determine which insurers are subject to the provisions of this paragraph,
101	101	73including through collection and review of claims denial and related documentation from
102	102	74impacted homeowners, and shall provide a list of subject insurers to the department of revenue,
103	103	75the senate and house committees on ways and means, the joint committee on environment and
104	104	76natural resources, and the joint committee on state administration and regulatory oversight no
105	105	77later than December 31, 2024. The department of revenue shall notify subject insurers of
106	106	78penalties owed in writing no later than March 30, 2025. Penalties owed under this paragraph
107	107	79shall be paid on or before June 30, 2027. Penalties collected under this paragraph shall be 5 of 8
108	108	80deposited into the fund established by this section. An entity failing to pay a penalty a penalty
109	109	81owed under this paragraph shall have its license revoked and shall not be eligible for a new or
110	110	82renewed license for a period of five years.
111	111	83 (d) Annually not later than May 1, the commissioner of revenue shall assess any entity
112	112	84licensed and engaged in the provision of homeowners insurance in the commonwealth an amount
113	113	85not less than 3 per cent of the entity’s net profits from the provision of homeowners insurance in
114	114	86the commonwealth during the immediately preceding tax year. Penalties collected under this
115	115	87paragraph shall be deposited into the fund established by this section.
116	116	88 (e) Amounts issued from the fund to impacted homeowners for the repair or replacement
117	117	89of concrete foundations that have deteriorated due to the presence of pyrrhotite or framboidal
118	118	90pyrite shall be exempt from taxation under chapter 62.
119	119	91 (f) Annually not later than June 1, the crumbling concrete relief agency shall report on the
120	120	92activities of the fund from the previous calendar year to the senate and house committees on
121	121	93ways and means and the joint committee on environment and natural resources.
122	122	94 (g) The crumbling concrete relief agency shall promulgate regulations or issue other
123	123	95guidance for the expenditure of the funds under this section.
124	124	96 SECTION XX. Chapter 59 of the General Laws is hereby amended by inserting after
125	125	97section 59A the following section:-
126	126	98 Section 59B. (a) Notwithstanding any general or special law to the contrary, an owner of
127	127	99real property in the commonwealth may apply for a residential property tax abatement due to the
128	128	100presence of pyrrhotite or framboidal pyrite in the foundation. The presence of pyrrhotite or 6 of 8
129	129	101framboidal pyrite shall be established by: (i) not less than 2 core samples from the foundation
130	130	102proving the presence of pyrrhotite or framboidal pyrite; or (ii) a certified visual inspection
131	131	103conducted by a Massachusetts registered professional engineer with experience in structural
132	132	104concrete foundation design and inspection. The owner shall also provide a certified estimate of
133	133	105the cost to repair or replace the foundation from a registered licensed contractor with 5 years
134	134	106experience in concrete foundation repair/replacement. Upon receipt of such documentation, a
135	135	107municipal board of assessors or equivalent entity shall determine a value per square foot of the
136	136	108foundation and percentage of functional obsolescence. If an abatement is sought on multiple
137	137	109properties within a municipality the board of assessors may determine a general value per square
138	138	110foot of foundation and percentage of functional obsolescence to be used for all properties within
139	139	111said municipality. The board of assessors shall use the value and percentage to calculate the
140	140	112reduction in assessment for each affected property. Such reductions shall be effective until the
141	141	113foundation is repaired or replaced.
142	142	114 SECTION XX - Section 3 of Chapter 143 is hereby amended by adding the following
143	143	115paragraphs:-
144	144	116 Any contractor or cement concrete producer shall provide to the inspector of buildings,
145	145	117building commissioner or local inspector concrete mix design details including such information
146	146	118provided pursuant to the regulations required pursuant to subsection (s)(ii) of section 94 of
147	147	119chapter 143 of the general laws.
148	148	120 Every inspector of buildings, building commissioner or local inspector shall collect such
149	149	121information provided pursuant to the regulations required pursuant to subsection (s) of section 94
150	150	122of chapter 143 of the general laws and submit such information to the department of housing and 7 of 8
151	151	123livable communities, which shall retain and make this information available to homeowners
152	152	124upon request for not less than 30 years.
153	153	125 SECTION XX. Section 94 of chapter 143 of the general laws is hereby amended by
154	154	126inserting at the end the following subsection:-
155	155	127 (s) In consultation with the Massachusetts Department of Transportation to develop
156	156	128requirements and promulgate regulations as part of the state building code, requiring that cement
157	157	129concrete producers, without limitation: (i) purchase or source materials for use in foundations
158	158	130from aggregate manufacturers pursuant to section 79 of chapter 6C of the general laws; (ii)
159	159	131report and document proposed mix design formulations as part of permitting process prior to
160	160	132construction including mix type, sources of constituent materials, , design qualities, design
161	161	133targets, and the concrete producers plastic concrete trial test results for said given mix type; and
162	162	134(iii) generate batch tickets for each delivery of concrete prior to placement of concrete, which
163	163	135must be retained by the cement concrete producer for a minimum of 30 years.
164	164	136 SECTION XX. Chapter 143 of the General Laws is hereby amended by adding the
165	165	137following section:-
166	166	138 Section 110. Notwithstanding any general or special law to the contrary, fees for building
167	167	139permits for work associated with crumbling concrete foundations replacement shall be waived.
168	168	140In order to qualify for the waiver of fees, the applicant shall provide written documentation
169	169	141showing that pyrrhotite or framboidal pyrite minerals are present in the foundation to be
170	170	142replaced. Nothing in this section shall waive any of the permit application requirements,
171	171	143including, but not limited to, holding public hearings, associated with a permit application. A
172	172	144determination to waive fees is not a guarantee of the issuance of a permit. 8 of 8
173	173	145 SECTION XX. A homeowner harmed by property damage resulting from or related to
174	174	146the use or sale of aggregate or cement concrete produced in violation of this section may bring
175	175	147suit in the Superior Court. A contractor, cement concrete producer, or aggregate manufacturer
176	176	148who uses or sells aggregate or pours cement concrete with said aggregate in violation of this Act
177	177	149or the regulations promulgated pursuant hereto shall be liable to a homeowner in perpetuity for
178	178	150property damage resulting from or related to such aggregate or cement concrete product, unless
179	179	151the violation was intentionally concealed from the contractor, cement concrete producer, or
180	180	152aggregate manufacturer.
181	181	153 SECTION 10. The State Board of Building Regulations and Standards shall promulgate
182	182	154the regulations required under Section 7 no later than one year after the effective date of this Act.