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H 3443

Grant reporting requirements

2025-2026 Regular Session Introduced by Fawn Pedalino and 1 co-sponsor

Allows a BPDA redeveloped affordable housing project with a Boston Public Library branch to bypass most general procurement laws, while keeping key public construction rules under

Referred to Committee on Ways and Means
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Bill Summary · H 3443

Summary — H 3443 (House No. 3443)

Short title / subject: An Act relative to the creation of a branch of the Boston Public Library within an affordable housing development in the Dorchester section of the City of Boston.

Sponsor: Rep. Christopher J. Worrell (5th Suffolk)
Status (selected actions): Prefiled 12/05/2024; presented/Filed 01/09/2025; introduced/read first time 01/14/2025; referred to Committee on Ways and Means (01/14/2025); further referred to State Administration and Regulatory Oversight (02/27/2025); hearing scheduled 04/09/2025. (Record includes additional entries; see “Notes” below.)

Purpose / Intent

To enable redevelopment of BPDA-owned land in Dorchester for subsidized affordable housing that includes space for a Boston Public Library (BPL) branch, by specifying which public procurement laws will and will not apply to the planning and construction of the project. The goal is to streamline development and enable collaboration between the Boston Planning & Development Agency (BPDA), the selected developer, and the BPL.

Key provisions

  • Construction and development activities for the BPDA-selected developer’s subsidized affordable housing project (which includes space for a BPL branch and is to be built on BPDA-owned land under a ground lease) are:
    • Not subject to “any general or special law related to the procurement and award of contracts for the planning, design, construction management, construction, reconstruction, installation, demolition, maintenance, or repair of buildings by a public agency,” with one explicit exception.
    • Subject to sections 26 to 27H, inclusive, of Chapter 149 of the General Laws (these sections govern certain public construction contract provisions, e.g., bidding and payment provisions).
  • Contracts for publicly owned public works that service the project and would otherwise be subject to section 39M of Chapter 30 (public construction procurement provisions) will be subject to section 39M if the project’s redevelopment is funded in part by:
    • state or federal low-income housing tax credits, grants, or loans, or
    • tax-exempt bonds authorized by general law.
  • Conveyance (leasehold or fee) of the project to an urban redevelopment corporation under Chapter 121A or to a nonprofit tax-exempt corporation organized to revitalize the project will be subject to Chapter 30B (public procurement for goods/services/real property) if the transferee is not owned, controlled, or managed by the Boston Public Library on the date of conveyance.
  • Effective date: upon passage.

Who is affected

  • Boston Planning & Development Agency (BPDA)
  • The developer selected by the BPDA for the project
  • Boston Public Library (as procurer of branch space)
  • Contractors and subcontractors working on planning/design/construction
  • Potential transferees under Chapter 121A or nonprofit entities
  • Residents and users of the affordable housing and library branch
  • State/federal funders if project uses LIHTC, grants, loans, or tax-exempt bonds

Potential impacts / considerations

  • The bill narrows the set of procurement rules that normally apply to public construction, potentially accelerating project procurement and allowing more flexible arrangements between BPDA, the developer, and BPL.
  • Section 39M requirements are retained when state/federal housing finance instruments are involved, maintaining certain competitive procurement safeguards in those cases.
  • Conveyances to third-party redevelopment corporations or nonprofits may trigger Chapter 30B public procurement requirements depending on BPL’s control at conveyance.
  • Practical impacts will depend on project financing choices and whether third-party entities eventually own/operate the project.

Notes / discrepancies in provided materials

  • The text included with the request also contains an unrelated South Carolina draft statute (adding S.C. Code §11-1-130) requiring itemized lists of matching funds and summaries of grant conditions. That appears to be a separate bill and is not part of Massachusetts H 3443’s substantive text.
  • The legislative-action timeline in source materials contains some inconsistent or overlapping dates; the key recorded steps are listed above.

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

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