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Bill

S 303

Relates to the excelsior research and development tax credit

2025 Regular Session Introduced by Steve Rhoads

Creates a Right of First Refusal for Community Institutions facing dissolution or property changes, overseen by a neutral Special Community Trustee to preserve community value.

REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
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Bill Summary · S 303

Summary: S.303 — An Act for Community Institution Stabilization

Overview

S.303, introduced January 29, 2025, seeks to create a new statutory framework intended to stabilize community institutions (such as schools, libraries, churches, and other iconic community structures) when they face dissolution or the disposition of substantial property. The bill would establish a Right of First Refusal (RFR) for eligible Community Institutions and appoint a Special Community Trustee (SCT) to oversee and facilitate transition in a manner that preserves community value and programming. A hearing is scheduled for June 5, 2025 (11:00 AM–1:00 PM, in room A-2).

What the bill would do

  • Create a new Massachusetts General Law chapter to govern Community Institutions in transition.
  • Recognize the public interest in preserving iconic community buildings and their programs, while allowing reasonable change and stability.
  • Define a Community Institution and a mechanism for designating landmarks (Community Institution Landmarks, or CIL) whose properties may be subject to RFR considerations.
  • Establish a Right of First Refusal (RFR) for eligible Community Institutions when the organization dissolves, disposes of substantial property, or seeks to change use or programming.
  • Require a fair valuation of both property and the continuing programming value to inform RFR decisions.
  • Provide a mechanism for appointing a Special Community Trustee (SCT) to oversee negotiations, conduct hearings, and facilitate the transition in a neutral, transparent manner.

Key provisions and changes

  • RFR eligibility and scope:
    • Applies when a Community Institution resolves to dissolve or dispose of substantial property.
    • Affects the disposition, transition, or alternative programming uses of properties identified as Community Institution Landmarks.
  • Valuation requirements:
    • The SCT or relevant party must obtain a reasonable assessed valuation of the property and evaluate the economic viability of continuing programming.
  • Definitions:
    • Community Institution: a building such as a school, library, church, or other iconic structure that provides significant community services.
    • Community Institution Landmarks (CIL): properties viewed as important to the community’s historical, architectural, or programmatic identity.
  • Designation process:
    • A declaration that a structure or programs constitute a Community Institution can be made by a municipal body (e.g., Board of Selectmen, City Council, Town Meeting, Planning Board, Historical Commission) or by individuals in good standing who file an RFR with local authorities.
  • Special Community Trustee (SCT):
    • If RFR is invoked, a neutral SCT may be appointed to determine and facilitate the continuation or reinvention of the use of the structure.
    • The SCT has powers to hold public hearings, conduct negotiations, and publicly announce decisions, with a written Decision Report documenting the outcome.
  • Preference and transparency:
    • SCT considerations should favor reasonable offers from the Community Institution membership, provided funding and economic viability are verified and certified.
    • All SCT decisions and the written report are to be publicly announced.

Who would be affected

  • Community Institutions meeting the defined criteria (and their memberships) that may be considering dissolution or major property changes.
  • Municipal bodies and local authorities responsible for designating CILs or supporting RFR processes.
  • Potential buyers or developers of property that is designated as a CIL or part of a Community Institution.
  • Local communities that rely on the programming and services provided by these institutions.

Procedural and timeline aspects

  • Legislative history:
    • Sponsored/introduced in the Senate as S.303 (with potential companion measures in the House: HR 814; SD 910 replaces earlier version).
    • Related matter: Senate No. 230 of 2023–2024 (previous session precursor).
  • Committee actions:
    • Read twice and referred to the Committee on Banking, Housing, and Urban Affairs (1/29/2025).
    • Also referred to the Committee on Economic Development and Emerging Technologies (2/27/2025).
    • House concurrence noted on 2/27/2025.
  • Current status:
    • Hearing scheduled for June 5, 2025, 11:00 AM–1:00 PM, in Room A-2.

Notes

  • The bill emphasizes “transitional bridging” to support communities during changes while protecting historically and culturally significant structures.
  • If enacted, the new framework would introduce formal RFR rights, a neutral SCT role, and public reporting requirements to guide outcomes in a transparent manner.

Related information

  • Companion and related bills: HR 814 (House companion); SD 910 (replacing prior version); similar matter previously filed as Senate No. 230 (2023–2024).

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

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