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SENATE DOCKET, NO. 266 FILED ON: 1/10/2025
SENATE . . . . . . . . . . . . . . No. 642
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael O. Moore
_________________
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 prevention and protection.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Michael O. MooreSecond WorcesterPaul K. Frost7th Worcester1/22/2025Colleen M. Garry36th Middlesex2/3/2025Edward J. KennedyFirst Middlesex2/11/2025James B. EldridgeMiddlesex and Worcester3/2/2025 1 of 8
SENATE DOCKET, NO. 266 FILED ON: 1/10/2025
SENATE . . . . . . . . . . . . . . No. 642
By Mr. Moore, a petition (accompanied by bill, Senate, No. 642) of Michael O. Moore, Paul K.
Frost, Colleen M. Garry, Edward J. Kennedy and others for legislation relative to crumbling
concrete prevention and protection. Environment and Natural Resources.
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 prevention and protection.
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. Section 97 of chapter 13 of the General Laws is hereby amended by
2inserting at the end thereof the following paragraphs:-
3 Said board shall require all licensed home inspectors who perform an inspection on a
4residential home for the purpose of a sale or lease of the home to provide the potential buyer or
5lessee information regarding the possible presence of pyrrhotite or framboidal pyrite in the
6concrete foundation, prepared by the crumbling concrete relief agency established by section 2 of
7chapter 23B.
8 Said board shall require all licensed home inspectors who perform an inspection on a
9newly constructed residential home for the purpose of a sale or lease of the home to review
10city/town building officials’ inspection documentation in compliance with Massachusetts
11Building Code, specifically concrete foundations. All findings must be reported in the final home
12inspection report provided to the potential buyer or lessee. 2 of 8
13 SECTION 2. Chapter 6C of the General Laws is hereby amended by striking section 79
14in its entirety and adding the following section:-
15 Section 79. (a) The Department in consultation with the state geologist shall promulgate
16regulations to establish standards for determining the presence of pyrrhotite and framboidal
17pyrite in cement concrete aggregate for use in building foundations. Such regulations shall
18require aggregate manufacturers to submit test results, a Geological Source Report, and such
19other information and documentation as the department may require.
20 (b) The Department shall publish a list of concrete aggregate sources for use in cement
21concrete foundations that the department identifies pursuant to the testing requirements under
22subsection (a).
23 (c) The Department shall maintain for 30 years information and documentation received
24from aggregate manufacturers pursuant to the regulations established under subsection (a).
25 SECTION 3. Section 2(a) of chapter 23B of the General Laws is hereby amended by
26inserting the following new subsection:-
27 (xviii) Provide assistance to owners of residential real property with concrete foundations
28that have tested positive for the presence of pyrrhotite or framboidal pyrite including, without
29limitation: (a) providing information to the public regarding structurally sound concrete and the
30dangers of pyrrhotite or framboidal pyrite; (b) administering the crumbling concrete assistance
31fund established in section 2RRRRR of chapter 29, including establishing eligibility
32requirements and (c) implementing a process for impacted homeowners to secure foundation
33repair and replacement funding from the fund. A decision on a request from an impacted
34homeowner for such financial assistance shall be provided in writing to the homeowner and shall 3 of 8
35include the information relied upon and the basis for such decision, including the relevant
36eligibility and underwriting criteria. An impacted homeowner may request a review of any
37decision by the agency relating to such homeowner not later than 30 days after the decision. A
38final determination on such a request for review shall be provided in writing to the homeowner
39not later than 30 days after receipt of the homeowner’s request, unless an extension is agreed to
40by the homeowner.
41 SECTION 4. Chapter 29 of the General Laws is hereby amended by inserting after
42section 2QQQQQ the following section:-
43 Section 2RRRRR. (a) There shall be a Crumbling Concrete Assistance Fund. The fund
44shall be expended to provide financial assistance to owners of residential real property for the
45repair or replacement of concrete foundations of such property that have deteriorated due to the
46presence of pyrrhotite or framboidal pyrite and to minimize any negative economic impacts on
47municipalities in which such property are located. The department of housing and livable
48communities established by chapter 23B of the General Laws shall administer the fund and shall
49make expenditures from the fund, without further appropriation. The department shall seek to
50maximize available federal reimbursements for money spent from the fund.
51 The fund shall consist of: (i) revenue from appropriations or other money authorized by
52the general court and specifically designated to be credited to the fund; (ii) interest earned on
53such revenues; (iii) funds from public and private sources, including but not limited to gifts,
54grants, donations, and settlements received by the commonwealth that are specifically designated
55to be credited to the fund; (iv) federal funds paid to the commonwealth under paragraph (b) of
56this section; (v) monies paid to the commonwealth under paragraph (c) of this section; and (vi) 4 of 8
57monies paid to the commonwealth under paragraph (d) of this section. Any bond proceeds
58deposited into the fund shall be kept separate from any and all other funds deposited into the
59fund. Any balance in the fund at the close of a fiscal year shall be available for expenditure in
60subsequent fiscal years and shall not be transferred to any other fund or revert to the General
61Fund.
62 (b) The department of housing and livable communities established by chapter 23B may
63apply for, receive and deposit any federal funds, including but not limited to funds made
64available by the United States Department of Housing and Urban Development Section 108
65Loan Guarantee program, into the fund established by this section.
66 (c) Any entity licensed and engaged in the provision of homeowners insurance that has
67denied or rejected claims for repair or replacement of foundations due to the presence of
68pyrrhotite or framboidal pyrite at any time during the period beginning January 1, 2000, and
69continuing through December 31, 2025, inclusive, shall be required to pay to the department of
70revenue an amount equal to the total estimated or actual cost of repair or replacement, adjusted
71for inflation as applicable, in each instance of a denial. No later than November 30, 2026, the
72attorney general shall determine which insurers are subject to the provisions of this paragraph,
73including through collection and review of claims denial and related documentation from
74impacted homeowners, and shall provide a list of subject insurers to the department of revenue,
75the senate and house committees on ways and means, the joint committee on environment and
76natural resources, and the joint committee on state administration and regulatory oversight no
77later than December 31, 2024. The department of revenue shall notify subject insurers of
78penalties owed in writing no later than March 30, 2025. Penalties owed under this paragraph
79shall be paid on or before June 30, 2027. Penalties collected under this paragraph shall be 5 of 8
80deposited into the fund established by this section. An entity failing to pay a penalty a penalty
81owed under this paragraph shall have its license revoked and shall not be eligible for a new or
82renewed license for a period of five years.
83 (d) Annually not later than May 1, the commissioner of revenue shall assess any entity
84licensed and engaged in the provision of homeowners insurance in the commonwealth an amount
85not less than 3 per cent of the entity’s net profits from the provision of homeowners insurance in
86the commonwealth during the immediately preceding tax year. Penalties collected under this
87paragraph shall be deposited into the fund established by this section.
88 (e) Amounts issued from the fund to impacted homeowners for the repair or replacement
89of concrete foundations that have deteriorated due to the presence of pyrrhotite or framboidal
90pyrite shall be exempt from taxation under chapter 62.
91 (f) Annually not later than June 1, the crumbling concrete relief agency shall report on the
92activities of the fund from the previous calendar year to the senate and house committees on
93ways and means and the joint committee on environment and natural resources.
94 (g) The crumbling concrete relief agency shall promulgate regulations or issue other
95guidance for the expenditure of the funds under this section.
96 SECTION 5. Chapter 59 of the General Laws is hereby amended by inserting after
97section 59A the following section:-
98 Section 59B. (a) Notwithstanding any general or special law to the contrary, an owner of
99real property in the commonwealth may apply for a residential property tax abatement due to the
100presence of pyrrhotite or framboidal pyrite in the foundation. The presence of pyrrhotite or 6 of 8
101framboidal pyrite shall be established by: (i) not less than 2 core samples from the foundation
102proving the presence of pyrrhotite or framboidal pyrite; or (ii) a certified visual inspection
103conducted by a Massachusetts registered professional engineer with experience in structural
104concrete foundation design and inspection. The owner shall also provide a certified estimate of
105the cost to repair or replace the foundation from a registered licensed contractor with 5 years
106experience in concrete foundation repair/replacement. Upon receipt of such documentation, a
107municipal board of assessors or equivalent entity shall determine a value per square foot of the
108foundation and percentage of functional obsolescence. If an abatement is sought on multiple
109properties within a municipality the board of assessors may determine a general value per square
110foot of foundation and percentage of functional obsolescence to be used for all properties within
111said municipality. The board of assessors shall use the value and percentage to calculate the
112reduction in assessment for each affected property. Such reductions shall be effective until the
113foundation is repaired or replaced.
114 SECTION 6 - Section 3 of Chapter 143 is hereby amended by adding the following
115paragraphs:-
116 Any contractor or cement concrete producer shall provide to the inspector of buildings,
117building commissioner or local inspector concrete mix design details including such information
118provided pursuant to the regulations required pursuant to subsection (s)(ii) of section 94 of
119chapter 143 of the general laws.
120 Every inspector of buildings, building commissioner or local inspector shall collect such
121information provided pursuant to the regulations required pursuant to subsection (s) of section 94
122of chapter 143 of the general laws and submit such information to the department of housing and 7 of 8
123livable communities, which shall retain and make this information available to homeowners
124upon request for not less than 30 years.
125 SECTION 7. Section 94 of chapter 143 of the general laws is hereby amended by
126inserting at the end the following subsection:-
127 (s) In consultation with the Massachusetts Department of Transportation to develop
128requirements and promulgate regulations as part of the state building code, requiring that cement
129concrete producers, without limitation: (i) purchase or source materials for use in foundations
130from aggregate manufacturers pursuant to section 79 of chapter 6C of the general laws; (ii)
131report and document proposed mix design formulations as part of permitting process prior to
132construction including mix type, sources of constituent materials, , design qualities, design
133targets, and the concrete producers plastic concrete trial test results for said given mix type; and
134(iii) generate batch tickets for each delivery of concrete prior to placement of concrete, which
135must be retained by the cement concrete producer for a minimum of 30 years.
136 SECTION 8. Chapter 143 of the General Laws is hereby amended by adding the
137following section:-
138 Section 110. Notwithstanding any general or special law to the contrary, fees for building
139permits for work associated with crumbling concrete foundations replacement shall be waived.
140In order to qualify for the waiver of fees, the applicant shall provide written documentation
141showing that pyrrhotite or framboidal pyrite minerals are present in the foundation to be
142replaced. Nothing in this section shall waive any of the permit application requirements,
143including, but not limited to, holding public hearings, associated with a permit application. A
144determination to waive fees is not a guarantee of the issuance of a permit. 8 of 8
145 SECTION 9. A homeowner harmed by property damage resulting from or related to the
146use or sale of aggregate or cement concrete produced in violation of this section may bring suit
147in the Superior Court. A contractor, cement concrete producer, or aggregate manufacturer who
148uses or sells aggregate or pours cement concrete with said aggregate in violation of this Act or
149the regulations promulgated pursuant hereto shall be liable to a homeowner in perpetuity for
150property damage resulting from or related to such aggregate or cement concrete product, unless
151the violation was intentionally concealed from the contractor, cement concrete producer, or
152aggregate manufacturer.
153 SECTION 10. The State Board of Building Regulations and Standards shall promulgate
154the regulations required under Section 7 no later than one year after the effective date of this Act.