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H 3090

Fentanyl

2025-2026 Regular Session Introduced by Doug Gilliam and 1 co-sponsor

The bill would create a Massachusetts income tax credit worth up to 50% of qualified expenditures to build or rehab water‑dependent facilities in Designated Port Areas, with up to

Referred to Committee on Judiciary
0
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Bill Summary · H 3090

Summary — H.3090 (House Docket No. 3460)

Title shown in docket: “An Act establishing the Massachusetts Maritime Commercial Development tax credit.” (Bill sponsor: Rep. Ann‑Margaret Ferrante)

Note on source material: The bill text provided is for a Massachusetts measure to create a maritime commercial development tax credit and appears to be the operative text. The submission also contains unrelated South Carolina fentanyl‑penalty language and some truncated paragraphs; those unrelated sections are not part of the Massachusetts tax‑credit provisions summarized below.

Purpose / Intent

To create a state income‑tax credit (the “Massachusetts Maritime Commercial Development tax credit”) to incentivize construction and rehabilitation of water‑dependent commercial and industrial facilities located in Designated Port Areas, thereby encouraging maritime commerce, seafood industry activity, aquaculture, marine research/innovation, and related economic development.

Key provisions

  • Statutory placement: Proposes insertion of new Section 6O into Chapter 62 of the Massachusetts General Laws.
  • Definitions: Establishes key terms including “certified construction,” “qualified water‑dependent facility,” “qualified water‑dependent facility expenditure,” “taxpayer,” and “CDC (Community Development Corporation).” Qualified facilities must be located in a Designated Port Area (301 C.M.R. 25.02) and be used exclusively for water‑dependent commercial/industrial activities and related accessory uses.
  • Annual authorization/ceiling: Secretary of Housing and Economic Development to authorize credits annually. Combined with an existing program referenced (section 31O of chapter 63), the total authorization is limited to not more than $100,000,000 per year.
  • Credit amount: Taxpayers may receive a credit equal to a percentage, not to exceed 50%, of qualified capital expenditures for certified construction/rehabilitation of qualifying water‑dependent facilities.
  • Municipal concentration limit: No single municipality may receive more than 50% of the total awarded credits in a calendar year, although the Secretary may waive this cap (a written waiver must be reported with reasons to several legislative committees).
  • Timing / use: Credit is allowed in the taxable year the property is placed in service (occupancy permitted). Unused credits may be carried forward for up to 5 succeeding taxable years.
  • Pass‑through and transferability:
    • Credits allocated to partnerships/LLCs pass through to partners/members pro rata or per binding agreement.
    • Taxpayers may transfer all or part of credits to third parties (transferees use the credit in the year of transfer; transferees may carry forward excess for up to 5 years).
  • Administration & reporting: Secretary to establish eligibility criteria by regulation, may charge application fees, and must file an annual report (by Sept. 1) to Ways & Means and relevant joint committees listing credits claimed and credits transferred/sold.
  • Other: Text is truncated mid‑provision; provisions on disposition/cessation of certified facility and any recapture, compliance, or penalties are not fully visible in the provided text.

Who is affected

  • Private developers, businesses and investors undertaking construction/rehabilitation of qualified water‑dependent facilities in Designated Port Areas.
  • Community Development Corporations (eligible at same rate as other taxpayers).
  • Municipalities hosting Designated Port Areas (potential for concentrated benefit, subject to municipal cap).
  • State revenue (potential reduction in income‑tax receipts up to the authorized ceiling).
  • Secretary of Housing & Economic Development and Executive Office of Energy & Environmental Affairs (administration, certification, reporting).

Fiscal / policy implications

  • The program could spur maritime sector investment and job creation in port communities.
  • Maximum statutory exposure to the Commonwealth is up to $100 million annually (combined with the referenced program), which would reduce state income tax revenue to the extent credits are claimed.
  • Transferability creates secondary markets for credits, increasing attractiveness to nonprofit or low‑tax entities but complicating administration and revenue forecasting.
  • Regulatory design (eligibility, certification standards, recapture rules) will materially affect program effectiveness and fiscal impact; those details are left to Secretary regulations and some text is incomplete in the provided draft.

Procedural status / timeline (as provided)

  • Prefiled: 12/05/2024 (docket shows prefiled)
  • Introduced / read 1st time: 2025‑01‑14
  • Referred to Committee on Judiciary: 2025‑01‑14 & earlier 2024‑12‑05 entries appear in the file
  • Referred to Committee on Revenue: 2025‑02‑27
  • Senate concurred: 2025‑02‑27 (per provided actions)
  • Hearing scheduled: 10/28/2025 (B‑2, 1:00 PM–5:00 PM) Note: the provided action history contains some inconsistent dates; verify the official legislative website for current status.

If you’d like, I can:
- Draft a one‑page fiscal impact checklist,
- Extract likely regulatory questions for the Secretary to address, or
- Compare this credit to previous Massachusetts maritime/port incentives.

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

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