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H 3042

Eavesdropping, Peeping, and Voyeurism

2025-2026 Regular Session Introduced by Don Chapman and 8 co-sponsors

Concord may impose a building permit surcharge on new projects above a set value to fund the Concord Municipal Affordable Housing Trust, with units restricted long-term.

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 3042

Summary: H.3042 – An Act establishing a building permit fee surcharge for affordable housing in the town of Concord

Overview

This bill authorizes the Town of Concord to adopt a bylaw creating an affordable housing surcharge on building permits for new construction that exceed a minimum construction value set by the Town’s Select Board. Revenue collected from the surcharge would be deposited into the Concord Municipal Affordable Housing Trust Fund and used for purposes permitted by law. The measure provides a definition of “affordable housing” linked to income limits and long-term affordability restrictions. Acceptance of the act by Concord via Town Meeting is required, after which the provisions take effect 30 days later.

What the bill would do

  • Give Concord the authority to enact a local bylaw imposing an affordable housing surcharge on building permits for qualifying construction.
  • Establish that the surcharge amount, its possible increases over time, and any exempt construction types would be specified in the bylaw.
  • Require all collected fees to be deposited into the Concord Municipal Affordable Housing Trust Fund (established under section 55C of Chapter 44).

Key provisions

  • Section 1 – ByLaw Authority and Surcharge

    • The Town may, by bylaw, require payment of an affordable housing surcharge for any project that:
    • Requires a building permit, and
    • Exceeds a minimum construction value determined by the Select Board.
    • The bylaw must specify:
    • The surcharge amount,
    • How the surcharge may be increased over time,
    • Any construction types or uses exempt from the surcharge.

  • Section 2 – Funding

    • All surcharge revenues must be deposited into the Concord Municipal Affordable Housing Trust Fund and used for purposes permitted by the trust.

  • Section 3 – Definition of Affordable Housing

    • “Affordable housing” means units with an affordable housing restriction recorded with the Middlesex South Registrar of Deeds.
    • Initial occupancy income must be no more than 150% of the area mean income (AMI) as determined by HUD guidelines (adjusted for family size).
    • Units must remain affordable long-term, subject to restrictions on appreciation deemed reasonable and necessary by the municipality.
    • Restrictions apply to units rented or sold to incomes no more than 150% AMI.

  • Section 4 – Acceptance and Effective Date

    • Concord must accept the act by vote at an annual or special Town Meeting.
    • Sections 1–3 become effective 30 days after such acceptance.

Who is affected

  • Developers and builders undertaking eligible construction in Concord (those paying building permits exceeding the minimum value).
  • The Concord Municipal Affordable Housing Trust Fund (as the recipient and steward of the revenue).
  • Concord residents and potential affordable housing applicants, through the long-term affordability outcomes created by the restricted units.

Procedural and timeline details

  • Introduced: February 27, 2025.
  • Legislative action: Referred to the Committee on Revenue (02/27/2025); Senate concurrence noted.
  • Status: Hearing scheduled for September 15, 2025, from 1:00 PM to 5:00 PM in hearing room A-2.
  • Related history: Similar matter previously filed as House Bill 2729 in 2023-2024; House Docket No. 409 (HD 409) is the current filing.
  • Local approval: The act requires acceptance by Concord’s Town Meeting to take effect.

Potential impact and considerations

  • Could provide a dedicated funding stream for Concord’s affordable housing initiatives via the Trust Fund.
  • Shifts a portion of development costs to support affordable housing, potentially affecting project economics and timelines.
  • Flexibility for the Town to tailor the surcharge and exemptions to local housing goals through the bylaw, subject to local control and voter acceptance.
  • Economic and housing market implications will depend on the surcharge amount, minimum construction value threshold, and eligibility exemptions chosen by Concord.

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

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