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SENATE DOCKET, NO. 423 FILED ON: 1/13/2025
SENATE . . . . . . . . . . . . . . No. 580
The Commonwealth of Massachusetts
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PRESENTED BY:
Peter J. Durant
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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 relative to crumbling concrete foundations.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Peter J. DurantWorcester and HampshireRyan C. FattmanWorcester and HampdenKimberly N. Ferguson1st WorcesterBrian M. Ashe2nd HampdenMichael O. MooreSecond WorcesterEdward J. KennedyFirst MiddlesexHannah Kane11th Worcester1/16/2025Paul K. Frost7th Worcester1/22/2025Rodney M. Elliott16th Middlesex1/23/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/23/2025John J. Marsi6th Worcester1/23/2025Bruce E. TarrFirst Essex and Middlesex1/24/2025Angelo J. Puppolo, Jr.12th Hampden1/24/2025Joseph D. McKenna18th Worcester1/24/2025David K. Muradian, Jr.9th Worcester1/24/2025Todd M. Smola1st Hampden1/24/2025Jacob R. OliveiraHampden, Hampshire and Worcester1/27/2025John J. CroninWorcester and Middlesex1/27/2025 2 of 2
Adam GomezHampden1/27/2025Colleen M. Garry36th Middlesex1/31/2025Sal N. DiDomenicoMiddlesex and Suffolk1/31/2025Donald R. Berthiaume, Jr.5th Worcester2/3/2025Marc T. Lombardo22nd Middlesex2/6/2025Alyson M. Sullivan-Almeida7th Plymouth2/6/2025John C. VelisHampden and Hampshire2/12/2025Patricia D. JehlenSecond Middlesex2/19/2025Robyn K. KennedyFirst Worcester3/4/2025Nicholas A. Boldyga3rd Hampden3/7/2025 1 of 4
SENATE DOCKET, NO. 423 FILED ON: 1/13/2025
SENATE . . . . . . . . . . . . . . No. 580
By Mr. Durant, a petition (accompanied by bill, Senate, No. 580) of Peter J. Durant, Ryan C.
Fattman, Kimberly N. Ferguson, Brian M. Ashe and other members of the General Court for
legislation relative to crumbling concrete foundations. Environment and Natural Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 3015 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 relative to crumbling concrete foundations.
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 29 of the General Laws is hereby amended by inserting after
2section 2EEEEEE the following section:-
3 Section 2FFFFFF. (a) There shall be a Crumbling Concrete Assistance Fund, which shall
4be administered by the secretary of housing and livable communities. The fund shall be
5expended, without further appropriation to: (i) provide financial assistance to owners of
6residential real property for the repair or replacement of concrete foundations of such residential
7real property that have deteriorated due to the presence of pyrite or pyrrhotite; (ii) minimize
8negative fiscal impacts on municipalities in which such property is located; and (iii) reimburse
9the owner of a residential real property that presents satisfactory evidence, as determined by the
10secretary, that said owner has paid for and replaced their concrete foundation that deteriorated 2 of 4
11due to the presence of pyrite or pyrrhotite prior to the establishment of the fund; provided,
12however, that the reimbursement shall not exceed the funding the owner would have received
13had they applied for financial assistance through the fund. The secretary shall seek to maximize
14available federal reimbursements for money spent from the fund.
15 The fund shall be credited with: (i) appropriations or other money authorized by the
16general court and specifically designated to be credited to the fund; (ii) funds from public and
17private sources, including, but not limited to, gifts, grants, donations and settlements received by
18the commonwealth that are specifically designated to be credited to the fund; (iii) federal funds
19received under subsection (b); and (iv) interest earned on the assets of the fund. Any balance in
20the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years
21and shall not be transferred to any other fund or revert to the General Fund.
22 (b) The secretary of housing and livable communities may apply for, receive and deposit
23any federal funds, including, but not limited to, funds made available by the United States
24Department of Housing and Urban Development Section 108 Loan Guarantee program, into the
25fund.
26 (c) Amounts issued from the fund to impacted homeowners for the repair or replacement
27of concrete foundations that have deteriorated due to the presence of pyrrhotite shall be exempt
28from taxation under chapter 62.
29 (d) Annually, not later than June 1, the secretary of housing and livable communities
30shall report on the activities of the fund from the previous calendar year to the clerks of the
31senate and house of representatives, the senate and house committees on ways and means, the
32joint committee on environment and natural resources and the joint committee on housing. 3 of 4
33 (e) The secretary of housing and livable communities shall promulgate regulations or
34issue other guidance to set rules for the expenditure of the funds under this section.
35 SECTION 2. The secretary of housing and livable communities shall convene a
36stakeholder working group to make recommendations for regulatory and legislative change
37necessary to comprehensively address the remediation of residential property foundations that
38have deteriorated due to the presence of pyrite or pyrrhotite. The working group shall convene
39not later than 30 days after the effective date of this act, and shall include: the secretary of
40housing and livable communities or a designee, who shall serve as chair; the secretary of
41transportation or a designee; the undersecretary of consumer affairs and business regulation or a
42designee; the commissioner of insurance or a designee; the commissioner of banks or a designee;
432 members appointed by the attorney general who shall have experience in advocating for
44homeowners and consumers; the chairs and ranking minority members of the joint committee on
45environment and natural resources; 2 representatives of Massachusetts Residents Against
46Crumbling Foundations; a representative of the Massachusetts Concrete & Aggregate Producers
47Association, Inc.; a representative of the Massachusetts Municipal Association Inc.; a
48representative of the Massachusetts Insurance Federation Inc.; and a representative of the
49Massachusetts Mortgage Bankers Association, Inc.
50 The working group shall examine: (i) which executive office, department, agency or
51bureau within an executive office, if any, is best equipped to administer a program to assist
52residential property owners impacted by the presence of pyrite or pyrrhotite, including
53administering the Crumbling Concrete Assistance Fund established under section 2FFFFFF of
54chapter 29 of the General Laws, or which executive office or department is best equipped to
55oversee a new agency or bureau; (ii) relevant models to assist impacted homeowners, including, 4 of 4
56but not limited to, a captive insurance company, a supplemental loan program, an interstate
57agreement with a captive insurance company with expertise in assessing residential property
58foundation claims, property tax abatement and waiving local and state permit fees; (iii) models to
59fund said Crumbling Concrete Assistance Fund, including, but not limited to: (a) insurance
60surcharges on certain homeowners insurance policies, not to exceed $12 annually, and when and
61on which policies the surcharge would apply and (b) other sources of state and federal funding
62opportunities; and (iv) methods to improve consumer protection through means such as
63disclosures, appointment of a homeowner advocate within a department, agency or bureau to
64assist impacted homeowners, or consumer education.
65 The working group shall submit its report and any recommendations to the clerks of the
66senate and house of representatives, the joint committee on environment and natural resources,
67the joint committee on housing and the senate and house committees on ways and means not
68later than February 1, 2026.