2024 End of Formal Session Legislative Outcomes: MAPC Priorities and Interest Areas

August 6, 2024 - The Massachusetts Legislature wrapped up formal sessions of the 193rd session on the morning of August 1. In the closing days of formal sessions, the Legislature approved the FY25 budget and the Affordable Homes Act, which both include some MAPC priority policies and programs. Below is an outline of some of these bills that passed and those we hope might still pass before a new Legislative session begins in January 2025.

Unfortunately, many priorities are still on the table. These priorities include permanent remote and hybrid meeting flexibility, the local option transfer fee, inclusionary zoning by simply majority, the Municipal Empowerment Act, which included critical municipal process, procurement and staffing improvements, as well as the Economic Development Bond and Climate Bills.

The MAPC Government Affairs team continues to work with legislators, advocates, and partners to advance these priorities both in informal sessions and in potential special sessions teased by legislative leadership for the fall, or early in the next legislative session which begins in January 2025.

If you would like to learn more about any of these bills, please contact Leah Robins ([email protected]), Norman Abbott ([email protected]), Matt Walsh ([email protected]) or Georgia Barlow ([email protected]) on the Government Affairs team.

Budget Priorities

The FY25 state budget was signed into law on July 29^th. The House voted to override some of Governor Healey’s vetoes in the final days of formal session, but the Senate declined to vote on the vetoes, with leadership citing an uncertain fiscal outlook. The FY25 budget is based on a tax revenue estimate of $41.5 billion, which is $208 million less than the FY24 tax revenue as the state enters leaner years. The total $57.8 billion FY25 budget reflects an increase of $1.97 billion (3.5%) over FY24.

Key MAPC Line Items

For a full summary of budget priorities and outcomes, click here.

Legislation

MAPC was closely involved with several important pieces of legislation that passed this session. These bills span MAPC’s varied practice areas, from climate legislation to clean energy, public health, and more.

Housing

Housing Bond Perhaps the most notable accomplishment of the session so far is the passage of the Affordable Homes Act that was signed into law on August 8^th. The law is a $5.16 billion bond bill that includes funding to drive critical housing production and preservation across the state.

Key MAPC Line Items

The Housing Bond includes a number of policies that MAPC has long advocated for including:

• ADUs By-Right: The law allows one accessory dwelling unit (ADU) to be developed by right in all lots in single-family zoning districts, with a special permit required for any additional ADU. ADUs will still be subject to site plan review, dimensional requirements, water and sewer regulations, and regulation on their use as short-term rentals. The bill also limits parking requirements for ADUs, allowing municipalities to require a maximum of one additional space for an ADU, except for ADUs within 0.5 miles of a transit station, where no additional parking may be required.
• Eviction Sealing: The law establishes a first-of-its-kind process to seal eviction records, which displaced people previously carried for life. The bill establishes separate timelines and prerequisites for the sealing of no-fault evictions, evictions for non-payment of rent, and fault evictions.
• Office of Fair Housing: The law creates a first-of-its-kind office in Massachusetts within the Executive Office of Housing and Livable Communities (EOHLC) to affirmatively further fair housing through education, testing and policy recommendations. While regional fair housing offices provide some of this support on a regional level, and the Attorney General’s office and the Mass. Commission Against Discrimination handle enforcement of Fair Housing Law, this office will be the first state level office in the Commonwealth charged explicitly with administering pre-enforcement fair housing efforts across secretariats.
• Small Properties Acquisition Fund: The law includes $10 million in funding for the fund, which is designed to preserve small properties that residents can afford without state subsidies, known as naturally occurring affordable housing (NOAH).

The Conference Committee’s process to a final bill did not include several key policies that had advanced including the tenant opportunity to purchase that was advanced in the House and inclusionary zoning, commissions on housing shortages and CPA that were advanced in the Senate.

For a full summary of priorities and outcomes in the Affordable Homes Act, click here.

Access to Counsel: The FY25 Budget includes $2.5 million for a pilot program to provide low-income tenants and low-income owner occupants with legal representation in eviction proceedings.

Public Health

Gun reform: The Governor signed a comprehensive firearms bill into law that is the culmination of work done to update firearm law due to the Supreme Court Bruen decision. This bill includes new regulations related to “ghost guns” and 3-D printed guns, enhance the “Red Flag Law,” further protect safety in public spaces, and increase violence prevention programming.

Safer Firefighter Gear: One of the final bills passed this session was a ban on intentionally added Per- and polyfluoroalkyl substances (PFAS) to firefighter turnout gear. This was part of a broader PFAS bill that MAPC endorsed earlier this year.

Transportation

Funding for MBTA low-income fares: The final FY25 budget includes $20 million for a low-income fare program. This will not fully fund the low-income fare program as proposed by the MBTA, and there is no language to make it permanent.

Funding for Regional Transit Authorities: The final FY25 budget included RTA funding at over $130 million, including $10 million for increasing connectivity and $30 million for free fares programs for RTA riders. This is a dramatic increase in funding and will allow the RTAs to reach more riders.

What Might Still Pass

Both House and Senate leadership have indicated a willingness to return to formal business in the coming months before the start of a new Legislative Session in January. At this time, there is no confirmation of when that business might occur or what matters might be taken up among any of the 8 conference committees that continue their work or bills that are otherwise continuing to advance through the Legislature. Below are a few of the policies that are of interest to municipalities

Climate and Siting Bill: A conference committee has been negotiating differences between the Senate and House versions of climate and energy siting legislation. Both branches have included policies that would streamline the process of siting and permitting energy facilities to better facilitate grid modernization, which is absolutely critical if we are to meet our climate targets. The package could also include reforms to natural gas utilities, competitive electric supply reforms and an update to the bottle bill among other provisions.

Economic Development Bond Bill: A conference committee has been appointed to negotiate the differences in bills that passed in the House and Senate. This bond would make major investments in the life sciences and clean technology industries and continued funding for longtime municipal programs like MassWorks, local economic development grants, and the Brownfields program. The bill includes tax breaks for certain in demand internships and provides a way for foreign trained physicians to work here in Massachusetts. MAPC has been particularly supportive of language to update procurement procedures for public Wi-Fi.

Federal Funds Bill: A conference committee is reviewing legislation that unanimously passed both chambers to allow the state to use interest earned on money in the Stabilization Fund to provide the Commonwealth with crucial matching funds that will help to make our federal grant applications more competitive and, in some cases, possible.

Municipal Empowerment Act: The Municipal Empowerment Act is still under consideration by legislative committees. This bill includes key policies like permanent flexibility for hybrid and remote public meetings, local option taxes, and procurement updates. As a reminder, hybrid and remote meeting options expire on March 31, 2025. You can read more about the open meeting law changes here.

FY24 Supplemental Budget: The legislature still needs to close the book on the previous fiscal year and the outstanding supplemental budget will do just that. Proposed funding includes support for community hospitals and the Healthy Incentives Program. Both the House and Senate versions of the bill include language that would simplify the procurement process for EV charging infrastructure for municipalities.

Substance Use Disorder Legislation: The Senate and the House each passed their own version of a substance use disorder bill with a conference committee charged with negotiating the differences in the proposals. The House version focused on supporting workforce development and the Senate version included language to allow for overdose prevention centers in the Commonwealth.

The MAPC Government Affairs team continues to work with legislators, advocates, and partners to advance these priorities both in informal sessions and in potential special sessions teased by legislative leadership for the fall. We are also beginning work on legislative priorities for the coming session. Please do not hesitate to reach out to share your priorities!