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S 3091

An Act creating crumbling concrete relief for homeowners

194th Legislature (2025-2026) Introduced by Brian Ashe and 16 co-sponsors

Creates a fund to financially assist homeowners for replacing deteriorating pyrite/pyrrhotite foundations, funded by surcharges on concrete and policy fees.

Reporting date extended to Monday July 20, 2026
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WeVote Research Nonpartisan
Bill Summary · S 3091

Overview

S.3091, filed in the Massachusetts Senate in 2025-2026, proposes a dedicated program and funding to assist homeowners with concrete foundations deteriorating due to pyrite or pyrrhotite (crumbling concrete). The bill would create a Crumbling Concrete Assistance Fund administered by the Community Economic Development Assistance Corporation (CEDAC), establish a broader program with eligibility rules, and raise revenue through new surcharges on ready-mix concrete and homeowners insurance policy fees. The aim is to provide financial assistance for foundation replacement, support affected communities, and coordinate with federal funding where possible.

Primary purpose and intent

  • Provide targeted relief to homeowners whose residential foundations have deteriorated because of pyrite/pyrrhotite.
  • Establish a sustainable funding source and administrative structure to fund foundation replacements, reimburse prior repairs, and assist financing.
  • Minimize fiscal impact on municipalities and ensure transparent program governance and reporting.

Key provisions and changes

  1. Definitions and framework
  2. Defines CEDAC and “residential building.”

  3. Establishes the Crumbling Concrete Assistance Fund within a newly created or expanded legal framework.

  4. Crumbling Concrete Assistance Fund (Section 2KKKKKKK of Chapter 29)

  5. Fund sources: general appropriations designated for the fund, private gifts/grants/settlements designated to the fund, federal funds (including HUD Section 108), and interest earnings.

  6. Authorized uses: allow financial assistance to homeowners for replacement of deteriorated concrete foundations; provide reimbursement for prior replacements; ensure no net fiscal deficit; protect municipal fiscal stability.

  7. Administration: administered by CEDAC; annual reporting to legislative bodies and committees.

  8. Reimbursements: limited to the amount the homeowner would have received under the fund had they applied initially.

  9. Massachusetts Crumbling Concrete Assistance Program (Chapter 40H – new Section 10)

  10. Establishes a program overseen by a director (appointed by CEDAC’s board) with authority to hire staff.

  11. Administrative cap: no more than 10% of any year’s fund allocations or $1.5 million (whichever is greater) may cover admin costs.

  12. Public guidelines and annual informational meetings with public comment.

  13. Eligibility and process: includes verification of pyrite/pyrrhotite presence via core testing, professional confirmation of deterioration, and proof that insurer denied coverage.

  14. Severity classification: tiered system to rank damage using objective criteria (core test results, cracking, structural integrity, progression rate).

  15. Pre-existing costs: reimbursement process for eligible homeowners who incurred costs before the program’s effective date.

  16. Training: program to train inspectors, contractors, and vendors; may contract external providers.

  17. Public information: biannual updates on structural safety and risks.

  18. Coordination with private financing: can enter into agreements with Massachusetts Housing Finance Authority and lenders to create favorable loan products.

  19. Application process: electronic submission with written determinations; right to a formal review with defined timelines (30-day request for review; 60-day final determination unless extended).

  20. Guidelines and caps: establishment and annual review of a maximum cap on payments per project/claim; initial guidelines due within nine months of enactment.

  21. Reporting: annual director’s report detailing funding, assistance, applications, approvals, processing times, and pending claims.

  22. Revenue mechanisms (Chapter 64O)

  23. Ready-mix concrete surcharge: a six-dollar per cubic yard surcharge on concrete sold for residential and commercial projects in Massachusetts.

  24. Collection and remittance: paid at sale; remitted to the Department of Revenue on a biannual basis and deposited into the Crumbling Concrete Assistance Fund.

  25. Insurance-related and professional education (Chapters 112, 175)

  26. Education components for property valuation and insurance professionals to include pyrite/pyrrhotite risks and detection guidance.

  27. Policy fees: a six-dollar surcharge on named insureds under homeowners and condominium unit property insurance policies, to be remitted to the fund.

Who would be affected

  • Homeowners with homes that have concrete foundations deteriorated by pyrite/pyrrhotite may qualify for financial assistance for replacement.
  • Contractors and vendors working on approved foundation repairs or replacements.
  • Ready-mix concrete producers, suppliers, distributors, and similar entities selling concrete within Massachusetts (new surcharge).
  • Homeowners insurers (policy fee surcharge).
  • Municipalities could experience indirect effects through preserved property values and reduced local repair burdens.

Procedural and timeline aspects

  • Establishment and administration: Fund and program would be administered by CEDAC; director and staff to be appointed; guidelines to be published within nine months of enactment.
  • Eligibility decisions: applicants receive written determinations; a formal review process with defined timelines (30-day window to request review; 60-day final decision).
  • Reporting: annual financial and activity reports due each June to legislative committees and clerks.
  • Public engagement: annual public informational meetings with comments.
  • Revenue timelines: surcharges collected at point of sale for ready-mix concrete and via policy fees; remittances to the fund occur biannually or per specified schedule.

Potential impact and considerations

  • Provides a centralized funding mechanism to address a known infrastructure/household hazard affecting a subset of homeowners.
  • Creates a regulatory framework for eligibility, project ranking, and contractor oversight to standardize remediation efforts.
  • Introduces new revenue streams to support the program, with potential industry and insurance market implications.
  • Contains checks to avoid fund deficits and includes annual reporting for transparency.

Note: This summary reflects the bill text as filed, including its intent, structure, and key provisions.

Compiled from official sources — confirm details with the bill’s official record.

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