Bill
H 3039
Massachusetts H.3039 expands housing tax credits and sets higher project caps to incentivize multi-unit rehabilitations, with a 75% market-rate requirement.
Note up front: the materials you provided appear to contain text from two different legislative measures merged into one file: (A) a Massachusetts bill labeled House No. 3039 that would amend housing tax-credit and exemption rules, and (B) a South Carolina draft titled the "Senator Clementa C. Pinckney Hate Crimes Act" that would add penalty enhancements to certain violent offenses. Below are clear, separate summaries of each measure, followed by procedural status and a short note about the inconsistency.
Purpose
- Amend state tax-credit and local-exemption rules to expand and clarify the Housing Development Incentive Program (chapter 40V and related tax-code sections).
Key provisions
- Caps and authorizations:
- EOHLC (Executive Office of Housing and Livable Communities) may authorize up to $100,000,000 in credits annually under section 38BB (chapter 63) and subsection (q) of section 6 (chapter 62). Underscores carryforward/returned-credit treatment and allows unused portions to be applied in subsequent years.
- Adds a per-project cap: EOHLC may authorize up to $5,000,000 in credits to an individual project (amendment to chapter 62, §6(q)).
- Project eligibility and unit mix:
- Redefines “housing development project” to be a multi‑unit residential rehabilitation project in a gateway municipality that, once rehabilitated, contains at least 75% market-rate units (previously 80%).
- Conforming change: chapter 40V §4(a)(iv) reduced from 80% to 75%.
- Local tax-exemption processing:
- Under §5M of chapter 59, the Department must approve a municipality’s tax-exemption agreement for a housing development project within 90 days when the project is in an approved housing development zone.
Who is affected / likely impacts
- Gateway municipalities, developers of multi‑unit rehabilitation projects, and the state’s budget/revenue forecasting (because the $100M cap and carryforward rules affect tax-credit usage and foregone revenue).
- Developers may find projects with up to 75% market-rate units eligible; larger per-project credit awards (up to $5M) could support bigger rehabilitations.
Purpose
- Create a statutory hate-crime penalty enhancement for certain violent offenses when the victim was intentionally selected because of a protected characteristic (or perception of it).
Key provisions
- Adds Article 22 (Penalty Enhancements for Certain Crimes) to Title 16, Chapter 3.
- Offenses covered:
- Violent crimes as defined in §16-1-60 and second-degree assault by mob (§16-3-210(C)).
- Triggering standard:
- If trier of fact finds beyond a reasonable doubt the offense was committed because the defendant intentionally selected the victim (in whole or in part) due to the defendant’s belief or perception about the victim’s race, color, religion, sex, gender, national origin, sexual orientation, or physical/mental disability — whether or not the perception was correct.
- Enhanced penalties:
- Upon conviction of the underlying offense, an additional fine of up to $10,000 and up to 5 additional years’ imprisonment may be imposed.
- Procedural safeguards:
- Court permits both sides to present evidence on motive/perception; requires a special verdict finding on the enhancement allegation.
- Enhancement may only be imposed if the defendant was indicted separately (or in a separate count) for the enhancement and found guilty of the underlying offense.
- Effective date:
- Upon gubernatorial approval.
Who is affected / likely impacts
- Persons convicted of covered violent offenses; prosecutors (charging practices) and courts (additional fact-finding and special verdict instructions); potential increases in penalties for crimes motivated by bias or perceived bias.
The packet mixes two distinct legislative texts from different jurisdictions and subjects. If you want a single, authoritative summary for legislative tracking or analysis, please confirm which specific measure you intend (Massachusetts H.3039 housing measure or the South Carolina “Senator Clementa C. Pinckney Hate Crimes Act”), and I will prepare a focused, final version citing the exact bill text and current docket.
Compiled from official sources — confirm details with the bill’s official record.
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