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SD 2435

Resolve to examine Chapter 40B

194th Legislature (2025-2026) Introduced by Ed Kennedy

Creates a temporary commission to study and modernize Chapter 40B, delivering recommendations and legislation to better balance local needs with housing production.

House concurred
0
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Bill Summary · SD 2435

Summary of Senate Docket No. 2435 — Resolve to examine Chapter 40B

Overview

  • Bill: SD 2435 (Senate Docket No. 2435) — Resolve to examine Chapter 40B
  • Title: Resolve to examine Chapter 40B
  • Purpose: Establish a special commission to study and modernize Massachusetts’ comprehensive permit law for low- or moderate-income housing under Chapter 40B.
  • Status: House concurred. Filed January 17, 2025; referred to the House/Senate Housing committees; House concurrence noted on February 27, 2025.
  • Introduced by: Edward J. Kennedy (First Middlesex District)
  • Legislative framework: A Senate resolve proposing a temporary, joint commission to review the effectiveness of Chapter 40B and propose amendments.

Purpose and Intent

The bill seeks to modernize Chapter 40B, the state’s comprehensive permit system designed to facilitate affordable housing. The commission would examine how well the law balances local community needs with the statewide need for more affordable housing and propose amendments to improve the law’s effectiveness.

Key Provisions

  • Establishment of a special commission to study the comprehensive permit law under Chapter 40B.
  • Objective: Recommend amendments to improve balance between community needs and housing production in Massachusetts.
  • Deliverables: Commission recommendations plus drafts of any proposed legislation.
  • Submission: Recommendations and legislative drafts to the clerks of the Senate and House and to the chairs of the Joint Committee on Housing.

Commission Composition

The commission would include:
- Co-chairs: The House and Senate chairs of the Joint Committee on Housing.
- Executive representation: The commissioner of the Executive Office of Housing and Livable Communities (or a designee).
- Legislative appointments: One member appointed by the Senate president; one by the Senate minority leader; one by the Speaker of the House; one by the House minority leader.
- Local and community representation: Four representatives of cities and towns appointed by the Massachusetts Municipal Association.
- Community housing representation: One representative of community organizations involved in affordable housing development.

Timeline and Deliverables

  • First meeting: Required within not more than 2 months after enactment.
  • Final deliverable: The commission must submit its recommendations, along with drafts of any necessary legislation, by December 31, 2025.
  • Process: The commission reports to the clerks of the Senate and House and to the chairs of the Joint Committee on Housing.

Procedural Status

  • Legislative actions:
    • 2025-02-27: Referred to the Joint Committee on Housing.
    • 2025-02-27: House concurred with the bill.
  • Nature: This is a “Resolve” creating a temporary commission (not immediate substantive policy change). If enacted, it would guide future legislative amendments to Chapter 40B.

Potential Impact

  • Policy effect: By evaluating and recommending modernization of Chapter 40B, the bill could pave the way for amendments designed to streamline permitting, reduce delays, and better align affordable housing production with local planning and community context.
  • Stakeholders: State and local government officials, affordable housing developers, municipal entities, and community organizations involved in housing development.

Notes

  • The bill is part of the 194th General Court (2025-2026) of the Commonwealth of Massachusetts.
  • It focuses on a structured, inclusive review process with a defined timeline for actionable recommendations.

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

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