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2 | 2 | | SENATE DOCKET, NO. 1688 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1939 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Joanne M. Comerford |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to reform payments in lieu of taxes for state-owned land. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and Worcester 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 1688 FILED ON: 1/16/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1939 |
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18 | 18 | | By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1939) of Joanne M. Comerford |
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19 | 19 | | for legislation to reform payments in lieu of taxes for state-owned land. Revenue. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1769 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act to reform payments in lieu of taxes for state-owned land. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 13 of chapter 58 of the General Laws, as appearing in the 2022 |
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31 | 31 | | 2Official Edition, is hereby amended by striking out the definition of “Reimbursement |
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32 | 32 | | 3percentage”. |
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33 | 33 | | 4 SECTION 2. Section 15 of said chapter 58, as so appearing, is hereby amended by |
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34 | 34 | | 5striking out, in lines 6 and 7, the words “reimbursement percentages”. |
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35 | 35 | | 6 SECTION 3. Section 16 of said chapter 58, as so appearing, is hereby amended by |
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36 | 36 | | 7striking out, in lines 2 and 3, the words “reimbursement percentage”. |
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37 | 37 | | 8 SECTION 4. Said chapter 58 is hereby further amended by striking out section 17, as so |
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38 | 38 | | 9appearing, and inserting in place thereof the following section:- 2 of 4 |
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39 | 39 | | 10 Section 17. Annually, not later than November 20, the state treasurer shall reimburse each |
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40 | 40 | | 11city and town in which state-owned land is located, an amount in lieu of taxes upon the value of |
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41 | 41 | | 12such land as reported by the commissioner under section 16, determined by multiplying each |
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42 | 42 | | 13$1,000 of valuation, or fractional part thereof, by the rate and in an amount provided for at a rate |
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43 | 43 | | 14equal to the average of the annual rates for the 3 years preceding that in which such value is laid, |
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44 | 44 | | 15said annual rates to be determined by an apportionment of the whole amount of money to be |
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45 | 45 | | 16raised by taxation upon property in the commonwealth during each of the 3 preceding years, as |
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46 | 46 | | 17returned by the assessors of each city and town under this section and approved by the |
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47 | 47 | | 18commissioner, upon the aggregate valuation of all cities and towns for each of the 3 preceding |
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48 | 48 | | 19years, as returned under section 10C; provided, however, that the amount reimbursed shall not be |
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49 | 49 | | 20less than that paid in the prior year, except for the value of land removed from the annual |
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50 | 50 | | 21statement of fair cash valuation. |
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51 | 51 | | 22 SECTION 5. (a) Within one year of the effective date of this act, the department of |
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52 | 52 | | 23revenue and the executive office of energy and environmental affairs shall jointly make |
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53 | 53 | | 24recommendations in the form of legislation for amendments to sections 13 through 17, inclusive, |
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54 | 54 | | 25of chapter 58 of the general laws, as amended by this act, to: (i) ensure the formula values the |
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55 | 55 | | 26carbon storage and sequestration as well as other ecosystem services provided by natural and |
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56 | 56 | | 27working lands, as defined in section 1 of chapter 21N of the general laws; and (ii) ensure |
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57 | 57 | | 28reimbursements are sufficient to promote the natural and working lands and carbon sequestration |
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58 | 58 | | 29goals in the roadmap plans required under section 5 of said chapter 21N. The recommendations |
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59 | 59 | | 30shall consider: 3 of 4 |
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60 | 60 | | 31 (1) Providing additional reimbursements to municipalities based upon the amount of |
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61 | 61 | | 32permanently protected open space, as defined by section 91 of chapter 209 of the acts of 2018, in |
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62 | 62 | | 33that municipality; and |
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63 | 63 | | 34 (2) Providing additional reimbursements to municipalities based upon the amount of |
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64 | 64 | | 35forest cover within that municipality; and |
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65 | 65 | | 36 (3) Providing additional reimbursements to municipalities for state-owned land that |
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66 | 66 | | 37provides services for drinking water supplies, cold-water fisheries, endangered or threatened |
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67 | 67 | | 38species, outdoor recreation, ecological integrity and landscape connectivity; and |
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68 | 68 | | 39 (4) Providing additional reimbursements to municipalities with historically lower |
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69 | 69 | | 40reimbursement percentages, to ensure the formula equitably values state-owned land in different |
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70 | 70 | | 41geographic regions of the commonwealth; and |
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71 | 71 | | 42 (5) Providing additional reimbursement tiers for municipalities with already high rates of |
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72 | 72 | | 43state-owned land, so that the acquisition of additional state-owned land in those municipalities |
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73 | 73 | | 44leads to a higher rate of reimbursement. |
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74 | 74 | | 45 (b) Within 6 months of the effective date of this act, the department of revenue and the |
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75 | 75 | | 46executive office of energy and environmental affairs shall hold a public hearing during which |
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76 | 76 | | 47they shall present draft recommendations and, for not less than 30 days following the hearing, |
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77 | 77 | | 48they shall accept public comment. |
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78 | 78 | | 49 (c) The recommendations shall be submitted to the clerks of the house and senate, the |
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79 | 79 | | 50joint committee on revenue, the joint committee on environmental and natural resources, the 4 of 4 |
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80 | 80 | | 51house and senate committees on ways and means and posted publicly on the website of the |
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81 | 81 | | 52executive office of energy and environmental affairs. |
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