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H 2276

An Act relative to clinical or educational programs under the Dover amendment

194th Legislature (2025-2026) Introduced by Carlos González

In MA, H 2276 requires local approval for educational uses under the Dover amendment in low-income towns, and taxes properties not substantially improved within 2 years.

Accompanied a study order, see H5118
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Bill Summary · H 2276

Legislative Bill Summary: H 2276 – An Act relative to clinical or educational programs under the Dover amendment

Overview

H 2276, introduced February 27, 2025, seeks to narrow how land and buildings can be used for educational purposes under the Dover amendment in certain Massachusetts communities. Specifically, it adds conditions for low-income cities and towns and creates a tax-based consequence for property purchases that are not promptly improved for such educational uses. A hearing is scheduled for July 22, 2025 (1:00 PM–5:00 PM, in room B-1).

Purpose and intent

  • To limit the use of land and structures in low-income municipalities for educational purposes (including clinical or rehabilitation facilities) under the Dover amendment without local oversight.
  • To prevent speculative or under-improved use of property purchased for educational purposes by imposing a tax consequence if substantial improvement does not occur within two years.

Key provisions and changes

Section 1: Local approval requirement for educational uses in low-income areas

  • Amends the second paragraph of section 3 of Chapter 40A (Mass. General Laws) to specify that in a “low income city or town” (defined as a city or town whose average median income is 60% or less of the Commonwealth’s average median income), land or structures used for educational purposes under this section (including opening a substance abuse or alcohol rehabilitation center or a clinic) shall not be used, nor exempt from zoning regulation, without first obtaining approval from the city or town’s legislative body.
  • Effect: Local legislative approval becomes a prerequisite for such uses in designated low-income municipalities, expanding local oversight beyond existing state-level provisions.

Section 2: Tax/valuation consequence for non-improved educational uses

  • Adds a new paragraph stating that any person, organization, institution, or corporation purchasing property within a city or town to be used for educational purposes under this section must substantially improve the property within two years. If not, the property shall be assessed at its highest and best use at a commercial tax rate, with no exemption.
  • Effect: Creates a financial incentive to develop or repurpose purchased properties promptly, and removes potential tax exemptions if improvements lag.

Who is affected

  • Municipalities and local governments in Massachusetts, particularly low-income cities and towns (as defined by the 60% of state average median income threshold).
  • Private developers, educational institutions, health providers, and non-profits seeking to establish educational facilities or clinics (including substance abuse or rehab centers) in affected areas.
  • Property owners and purchasers involved in educational用途 under the Dover amendment.

Procedural and timeline aspects

  • Introduced: February 27, 2025.
  • Referred to the Committee on Municipalities and Regional Government (twice listed in docket activity).
  • Hearing: Scheduled for July 22, 2025 (1:00 PM–5:00 PM, B-1).
  • Related actions: HD 3783 is noted as a related bill that “replaces” this measure, indicating potential parallel or successor legislation.

Related considerations

  • The bill preserves Dover amendment intent by requiring local approval and by introducing a strict improvement timeline, potentially affecting projects that rely on statewide zoning exemptions.
  • Fiscal impact would hinge on how many properties fall under the new criteria and the resulting tax assessments if improvements are delayed.
  • Legal interpretations could depend on how “educational purposes” and “substantial improvement” are applied in practice and how they interact with existing Dover amendment protections.

Summary

H 2276 tightens local control and establishes a growth-then-tax framework for educational-use properties in low-income Massachusetts communities, requiring legislative approval and imposing rapid improvement deadlines to qualify for or retain protections under the Dover amendment. A July 2025 hearing will explore these changes.

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

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