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S 1346

Enacts the New York photovoltaic module stewardship and take-back program act

2025 Regular Session Introduced by Brian Kavanagh and 1 co-sponsor

Requires employers with subsidized parking (10+ employees) to offer a cash-out option (daily or monthly) via cash or transit/vanpool benefits, cutting drive-alone trips.

REFERRED TO ENVIRONMENTAL CONSERVATION
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Bill Summary · S 1346

Summary — S.1346 (Massachusetts) — "An Act establishing parking cash-out"

Note on sources and inconsistencies
- The full bill text provided is Massachusetts Senate Bill No. 1346 (filed Jan 15, 2025) authored/presented by Sen. John F. Keenan et al., and establishes a “parking cash-out” program as a new Chapter 90K of the General Laws. Other metadata in your prompt (title referencing photovoltaic stewardship, different sponsors, committee referrals to Environmental Conservation/Armed Services, and dates) appear inconsistent or from another jurisdiction. The summary below is based on the Massachusetts bill text you supplied. Verify the official legislative website for final status and any later amendments.

Purpose / Intent

To require employers who offer subsidized employee parking to provide an option allowing employees to decline the parking benefit in exchange for an employer-funded alternative of equivalent financial value (cash, tax-exempt transit/vanpool benefit, or a combination). The policy aims to reduce single-occupant vehicle commuting, encourage transit/vanpool use, and make parking subsidies more commuter-choice–neutral.

Key definitions (selected)

  • Daily parking cash-out: employee can opt in/out daily and receive the daily market-rate value of parking for days they forego driving alone.
  • Monthly parking cash-out: opt in/out per month and receive the monthly market-rate value for months they forego driving alone.
  • Market rate cost of parking: at least the price an unaffiliated member of the public would pay for that parking or comparable nearby spaces.
  • Parking subsidy: difference between market rate and what the employee pays for parking.
  • Parking cash-out: employer-funded benefit equal to the subsidy — may be taxable cash, or tax-exempt transit/vanpool benefit (or both).

Who is covered / exemptions

  • Applies to employers that offer a parking benefit and have at least 10 employees.
  • Exemptions:
    • Employers that discontinue offering parking benefits (still must retain related records and reports).
    • Employees under existing collective bargaining agreements that require subsidized parking (unless the agreement expires or is renewed after enactment).
    • Employees required to use a vehicle for work and reimbursed per IRS rules.
    • Employers with pre-existing parking leases that prohibit subletting or penalize reducing spaces are exempt until lease expiration or Jan 1, 2027 (whichever is sooner).

Implementation requirements & timeline

  • Employers with 100+ employees: must implement a daily parking cash-out program (monthly allowed only in the first required year).
  • Employers with 10–99 employees: may implement either a daily or monthly program.
  • Employees are entitled to cash-out only after declining the employer’s parking benefit.
  • Employers must document efforts to determine the market-rate cost of parking and retain supporting records (e.g., ads or app screenshots) for at least 4 years.
  • If no commercial parking is available within 1/4 mile, minimum market-rate floors apply: monthly = higher of lowest-priced transit serving the site or $60/month; daily = higher of lowest-priced transit or $3/day. Rates are subject to periodic adjustment per the bill.

Administrative & compliance notes

  • Employers must clearly inform employees (provision text truncated in supplied copy; details not fully available).
  • Market-rate determinations must be reassessed at least every 4 years or more frequently per the bill’s methods.
  • Recordkeeping, reporting, and the requirement to provide equivalent-value alternatives are emphasized.

Potential impacts

  • For employees: increases flexibility and provides cash or transit benefits to those who do not use employer-provided parking.
  • For employers: potential added administrative burden and increased direct cost if subsidized parking is replaced with equivalent cash/transit benefits.
  • For communities: may reduce single-occupant driving, parking demand, and related emissions; could increase transit and vanpool use.
  • For landlords/operators of leased parking: contractual lease terms can delay employer compliance until lease expiry or 2027.

Limitations / missing text

  • The supplied bill text is truncated after subsection (f), so additional operational, enforcement, or penalty provisions that may appear later in the bill are not summarized here.

Recommendation: Consult the official Massachusetts Legislature bill page for S.1346 for the full, current text and current procedural status before making policy, compliance, or implementation decisions.

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

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