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2 | 2 | | SENATE DOCKET, NO. 846 FILED ON: 1/14/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1973 |
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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 | | James B. Eldridge |
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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 relative to affordable housing and environmental adaptation dollars. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterJames K. Hawkins2nd Bristol2/11/2025Jason M. LewisFifth Middlesex2/27/2025 1 of 6 |
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16 | 16 | | SENATE DOCKET, NO. 846 FILED ON: 1/14/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1973 |
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18 | 18 | | By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1973) of James B. Eldridge, James |
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19 | 19 | | K. Hawkins and Jason M. Lewis for legislation relative to the imposition of an excise tax to |
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20 | 20 | | provide for climate change adaptation infrastructure and affordable housing investments in the |
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21 | 21 | | Commonwealth. Revenue. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE SENATE, NO. 1799 OF 2023-2024.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act relative to affordable housing and environmental adaptation dollars. |
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30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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31 | 31 | | of the same, as follows: |
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32 | 32 | | 1 SECTION 1. Section 35GGG of chapter 10 of the General Laws, as appearing in the |
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33 | 33 | | 22022 Official Edition, is hereby amended by inserting after the word “year”, in line 96, the |
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34 | 34 | | 3following words:- ; provided further, that said limitation shall not apply to funds deposited in the |
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35 | 35 | | 4fund pursuant to section 1 of chapter 64D; provided further, that the amounts expended shall be |
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36 | 36 | | 5allocated with due consideration given to: (1) environmental justice populations as defined in |
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37 | 37 | | 6section 62 of chapter 30; (2) a reasonable distribution of resources across the commonwealth; |
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38 | 38 | | 7and (3) other factors in the interests of justice. Before making grants or loans for the upcoming |
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39 | 39 | | 8fiscal year, the secretary of energy and environmental affairs shall develop a spending plan no |
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40 | 40 | | 9later than August 1. The spending plan shall be posted to a publicly accessible website in a |
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41 | 41 | | 10machine readable format. 2 of 6 |
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42 | 42 | | 11 SECTION 2. Section 1 of chapter 64D of the General Laws, as so appearing, is hereby |
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43 | 43 | | 12amended by striking out the words “two dollars” each time they appear and inserting in place |
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44 | 44 | | 13thereof the following words:- two dollars and twenty eight cents, plus an additional and separate |
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45 | 45 | | 14fee of one dollar and fourteen cents that shall be deposited on the first day of February into the |
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46 | 46 | | 15Global Warming Solutions Trust Fund established by section 35GGG of chapter 10, plus an |
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47 | 47 | | 16additional and separate fee of sixty-eight cents that shall be deposited into the Affordable |
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48 | 48 | | 17Housing Trust Fund as established by section 2 of chapter 121D, plus an additional and separate |
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49 | 49 | | 18fee of forty-six cents that shall be deposited into the Housing Preservation and Stabilization Trust |
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50 | 50 | | 19Fund as established by section 60 of chapter 121B; provided, further, that all monies deposited in |
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51 | 51 | | 20the Global Warming Solutions Trust in accordance with this section shall support the planning |
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52 | 52 | | 21and implementation of policy recommendations required in each of the Commonwealth’s Clean |
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53 | 53 | | 22Energy and Climate plans or development and initiation of programs pursuant to sections 5 and 6 |
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54 | 54 | | 23of chapter 8 of the acts of 2021; provided further, that funds deposited in the Global Warming |
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55 | 55 | | 24Solutions Trust in accordance with this section shall prioritize investments with environmental |
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56 | 56 | | 25justice populations as defined in section 62 of chapter 30; provided further, that the expenditure |
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57 | 57 | | 26of funds deposited in the Affordable Housing Trust Fund, Housing Preservation and Stabilization |
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58 | 58 | | 27Trust Fund, Global Warming Solutions Trust in accordance with this section shall prioritize |
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59 | 59 | | 28investments with consideration of regional equity. |
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60 | 60 | | 29 SECTION 3. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby |
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61 | 61 | | 30amended by adding the following subsections:- |
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62 | 62 | | 31 (ee) (1) As used in this subsection, the words contained in this subsection shall have the |
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63 | 63 | | 32same meanings as the definitions in subsection (k). 3 of 6 |
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64 | 64 | | 33 (2) A taxpayer shall be allowed a credit equal to 25 per cent of a payment made pursuant |
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65 | 65 | | 34to section 1 of chapter 64D against the taxes imposed by this chapter if that person sold their |
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66 | 66 | | 35residence during the taxable year. If the amount of the credit allowed under this subsection |
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67 | 67 | | 36exceeds the taxpayer's tax liability, the commissioner shall treat the excess as an overpayment |
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68 | 68 | | 37and shall pay the taxpayer the entire amount of the excess without interest. |
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69 | 69 | | 38 (3) The credit shall be available only if the taxpayer is low-income as defined pursuant to |
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70 | 70 | | 39section 1 of chapter 40T. |
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71 | 71 | | 40 (4) No credit shall be allowed for a married individual unless a joint return is filed. |
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72 | 72 | | 41 (5) No credit shall be allowed by this subsection with respect to the sale on more than one |
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73 | 73 | | 42residence of any taxpayer during any taxable year. |
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74 | 74 | | 43 (6) Any credit provided by this subsection shall not be counted as income in determining |
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75 | 75 | | 44eligibility or benefits under any other means-tested assistance program, including but not limited |
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76 | 76 | | 45to all such cash, food, medical, housing, energy and educational assistance programs. |
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77 | 77 | | 46 (ff) (1) As used in this subsection, the following words shall have the same meaning as |
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78 | 78 | | 47the definitions in subsection (k). |
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79 | 79 | | 48 (2) A taxpayer shall be allowed a credit equal to 25 per cent of a payment made pursuant |
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80 | 80 | | 49to section 1 of chapter 64D against the taxes imposed by this chapter if the taxpayer sold their |
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81 | 81 | | 50residence during the taxable year to a first-time home buyer; provided, further, that if there are |
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82 | 82 | | 51multiple persons recorded on the deed all persons must be first-time homebuyers for the taxpayer |
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83 | 83 | | 52to be allowed this credit. |
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84 | 84 | | 53 (3) No credit shall be allowed for a married individual unless a joint return is filed. 4 of 6 |
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85 | 85 | | 54 (4) No credit shall be allowed by this subsection with respect to the sale on more than one |
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86 | 86 | | 55residence of any taxpayer during any taxable year. |
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87 | 87 | | 56 (5) Any credit provided by this subsection shall not be counted as income in determining |
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88 | 88 | | 57eligibility or benefits under any other means-tested assistance program, including but not limited |
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89 | 89 | | 58to all such cash, food, medical, housing, energy and educational assistance programs. |
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90 | 90 | | 59 SECTION 4. Said section 1 of said chapter 64D, as so appearing, is hereby further |
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91 | 91 | | 60amended by striking out, in line 15, the words “one dollar and fifty cents” and inserting in place |
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92 | 92 | | 61thereof the following words:- one dollar and seventy-one cents, plus an additional and separate |
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93 | 93 | | 62fee of eighty-six cents that shall be deposited into the Global Warming Solutions Trust Fund |
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94 | 94 | | 63established by said section 35GGG of said chapter 10, plus an additional and separate fee of |
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95 | 95 | | 64fifty-one cents that shall be deposited into the Affordable Housing Trust Fund as established by |
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96 | 96 | | 65section 2 of chapter 121D, plus an additional and separate fee of thirty-four cents that shall be |
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97 | 97 | | 66deposited into the Housing Preservation and Stabilization Trust Fund as established by section |
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98 | 98 | | 6760 of chapter 121B; provided, however, that all monies deposited in the Global Warming |
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99 | 99 | | 68Solutions Trust in accordance with this section shall support the planning and implementation of |
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100 | 100 | | 69policy recommendations required in each of the Commonwealth’s Clean Energy and Climate |
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101 | 101 | | 70plans pursuant to Sections 5, and development and initiation of programs required in Section 6, |
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102 | 102 | | 71of Chapter 8 of the Acts of 2021; provided further, that priority shall be given to investments in |
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103 | 103 | | 72environmental justice populations as defined in Section 62 of Chapter 30; provided further, that |
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104 | 104 | | 73the amounts deposited in said trust funds shall be reduced proportionalely by the amounts of |
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105 | 105 | | 74aggregate amount of the credits claimed under subsection (ee) and subsections (ff) of section 6 of |
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106 | 106 | | 75chapter 62 during the previous calendar year; provided further, that the expenditure of funds |
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107 | 107 | | 76deposited in Affordable Housing Trust Fund and Housing Preservation and Stabilization Trust 5 of 6 |
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108 | 108 | | 77Fund in accordance with this section shall prioritize investments with consideration of regional |
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109 | 109 | | 78equity. |
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110 | 110 | | 79 SECTION 5. Said section 1 of said chapter 64D, as so appearing, is hereby further |
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111 | 111 | | 80amended by striking out, in line 20, the words “in said Funds” and inserting in place thereof the |
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112 | 112 | | 81following words:- received pursuant to this chapter, except for the monies collected and |
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113 | 113 | | 82deposited in the Global Warming Solutions Trust Fund established by said section 35GGG of |
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114 | 114 | | 83chapter 10, the Affordable Housing Trust Fund established by section 2 of chapter 121D, and the |
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115 | 115 | | 84Housing Preservation and Stabilization Trust Fund established by section 60 of chapter 121B. |
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116 | 116 | | 85 SECTION 6. Section 10 of said chapter 64D, as so appearing, is hereby amended by |
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117 | 117 | | 86inserting after the word “commonwealth,” in line 2, the following words:- except for the monies |
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118 | 118 | | 87collected and deposited into the separate funds as required by this chapter. |
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119 | 119 | | 88 SECTION 7. Section 60 of chapter 121B of the General Laws, as so appearing, is hereby |
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120 | 120 | | 89amended by inserting after the word, “homeless”, in line 21, the following words:- provided |
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121 | 121 | | 90further, that the amounts expended shall be allocated with due consideration given to: (1) racial |
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122 | 122 | | 91justice; (2) a reasonable distribution of resources across the commonwealth; and (3) other factors |
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123 | 123 | | 92in the interests of justice. |
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124 | 124 | | 93 SECTION 8. Said section 60 of said chapter 121B, as so appearing, is hereby further |
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125 | 125 | | 94amended by inserting after the word, “plan”, in line 23, the following words:- , developed in |
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126 | 126 | | 95consultation with racial justice-oriented stakeholders and the Massachusetts Association of |
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127 | 127 | | 96Regional Planning Agencies,. 6 of 6 |
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128 | 128 | | 97 SECTION 9. Subsection (e) of said section 60 of said chapter 121B, as so appearing, is |
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129 | 129 | | 98hereby amended by inserting after the fifth sentence the following sentence:- The spending plan |
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130 | 130 | | 99shall be posted to a publicly accessible website in a machine readable format. |
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131 | 131 | | 100 SECTION 10. Section 2 of chapter 121D of the General Laws, as so appearing, is hereby |
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132 | 132 | | 101amended by inserting after the word “Development”, in line 11, the following words:- provided |
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133 | 133 | | 102further, that the amounts expended shall be allocated with due consideration given to: (1) racial |
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134 | 134 | | 103justice; (2) a reasonable distribution of resources across the commonwealth; and (3) other factors |
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135 | 135 | | 104in the interests of justice. Before making grants or loans for the upcoming fiscal year, the agency, |
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136 | 136 | | 105in consultation racial justice-oriented stakeholders and the Massachusetts Association of |
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137 | 137 | | 106Regional Planning Agencies, shall develop a spending plan no later than August 1. The spending |
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138 | 138 | | 107plan shall be posted to a publicly accessible website in a machine readable format. |
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139 | 139 | | 108 SECTION 11. Section 23 of chapter 546 of the acts of 1969 is hereby repealed. |
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140 | 140 | | 109 SECTION 12. This act shall take effect on January 1, 2026. |
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