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H 3967

Bioenergy; Forest Products

2025-2026 Regular Session Introduced by Bruce Bannister and 8 co-sponsors

Massachusetts H 3967 would allow towns to adopt a 1% real estate tax surcharge via the Community Preservation Act, with at least 10% of funds spent on public accessibility.

Act No. 117
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WeVote Research Nonpartisan
Bill Summary · H 3967

Summary — H 3967: “Bioenergy; Forest Products” (text includes Community Preservation Act amendment for accessibility)

Note: The materials provided for H 3967 contain two distinct sets of statutory text from different jurisdictions. The first is a Massachusetts bill (filed by Rep. Christopher Flanagan) that would amend the Massachusetts Community Preservation Act (G.L. c.44B) to add an optional surcharge targeted to accessibility projects. Interleaved in the file is a separate South Carolina bill that (separately) defines “biomass” and treats certain bioenergy as carbon‑neutral or carbon‑negative. This summary focuses on the Massachusetts Community Preservation Act amendment (the primary H 3967 text in the file) and then briefly notes the unrelated biomass language.

Overview / Purpose

  • The Massachusetts portion of H 3967 would add a new Section 7A to Chapter 44B (the Community Preservation Act, CPA) to allow cities/towns to adopt an optional 1% surcharge on real property tax levies dedicated in part to improving physical accessibility of public indoor and outdoor spaces.
  • Intent: create a dedicated local revenue stream for accessibility improvements and ensure that CPA decision‑making includes a disability/accessibility perspective.

Key provisions

  • Authority and adoption:
    • A city or town may adopt the new section only if its legislative body votes to accept it and the voters subsequently approve the authorization at the next regular municipal or state election (ballot question and summary per subsection (c)).
    • The municipality must have already accepted sections 3–7 of G.L. c.44B (i.e., previously adopted the CPA).
  • Surcharge:
    • Permits a real property tax surcharge equal to 1% of the real estate tax levy against real property.
    • Explicitly states the surcharge amount is not included when calculating “total taxes assessed” for purposes of G.L. c.59, §21C (the municipal levy limit / Proposition 2½ provisions).
    • Once accepted, the surcharge is imposed pursuant to CPA Section 4 upon the assessors’ warrant to the tax collector.
  • Community Preservation Committee (CPC) changes:
    • Municipalities that accept Section 7A must add one additional CPC member who is a member of the municipal disability commission or another municipal commission related to disability/accessibility; if none exists or no member is available, that seat is appointed by the select board/city council.
  • Spending requirement:
    • Each fiscal year the legislative body shall spend, or set aside for later spending, not less than 10% of annual revenues in its Community Preservation Fund for enhancing physical accessibility of public indoor and outdoor community spaces (upon CPC recommendation).

Who would be affected

  • Property owners in municipalities that choose to adopt the surcharge: they would pay an additional 1% surcharge on their real estate tax levy.
  • Local governments and CP committees: will manage the surcharge revenues, add an accessibility representative to the CPC, and allocate at least 10% of CPA revenues to accessibility projects.
  • People with disabilities and other accessibility‑concerned community members: stand to benefit from increased funding for accessibility improvements to public spaces.

Procedure / Timeline (statutory)

  • Legislative body vote to accept Section 7A → placed on ballot at next regular municipal or state election → if approved by voters, surcharge is imposed per assessors’ warrant and CPA procedures.
  • The measure requires prior municipal acceptance of CPA sections 3–7.

Potential fiscal and programmatic impacts

  • Revenue: the surcharge raises local revenue equal to 1% of the real property tax levy; total dollars depend on each municipality’s tax levy size.
  • Earmark: at least 10% of annual CPA receipts must be used or reserved for accessibility — guaranteeing a recurring funding stream for accessibility projects while preserving other CPA funding priorities.
  • Administrative: municipalities will need to update billing/collection practices and CPC membership structure.

Note on document inconsistencies: South Carolina “Biomass” text

  • The file also contains repeated text of a separate South Carolina bill that would add a section defining “biomass” broadly (including forest products residuals, harvest residues, landscape trimmings, landfill gas, etc.) and declare bioenergy from those sources renewable and carbon‑neutral — and carbon‑negative if paired with carbon capture and storage. That language appears unrelated to the Massachusetts CPA amendment and likely pertains to a different bill in another state.

If you’d like, I can:
- Produce a concise one‑page explainer for municipal officials or property owners on how adoption would work and estimated revenue effects; or
- Prepare a separate summary focused solely on the South Carolina biomass/carbon‑neutrality text.

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

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