By Mr. Sanchez of Boston, petition (accompanied by bill, House, No. 182) of Thomas M. Menino and others to facilitate community development projects.  Community Development and Small Business.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Thomas M. Menino

Michael F. Rush

Steven A. Tolman

Anthony Petruccelli

Elizabeth A. Malia

 

 


 

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In the Year Two Thousand and Seven.

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 An Act to Facilitate Community Development Projects .

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1. Section 1 of Chapter 121B of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the definition therein of “Community Development Project” and inserting in place thereof the following definition:-
“Community development project”, a work or undertaking on property which is publicly owned or managed or owned or managed by a community development corporation or other qualified not-for-profit community-based organization for the installation, improvement, construction, alteration, enlargement, repair, rehabilitation, remodeling or reconstruction of buildings or other structures, facades, streets, roadways, thoroughfares, sidewalks, retaining walls, rail spurs, utility distribution system, water and sewer lines, parks, playgrounds, for site preparation and improvements, including demolition of existing structures, preservation or protection of water tables on or adjacent to the property, relocation assistance and for other like improvements necessary or desirable for the revitalization of the area in which the project is located or the acquisition of property on which any of the foregoing is being or will be undertaken.

SECTION 2. Section 1 of Chapter 121B of the General Laws, as so appearing, is further amended by inserting the following new definition immediately after the definition of “clearance project”:-
“Community development corporation” — a not-for-profit corporation as defined under Chapter 40F of the General Laws, organized under Chapter 180 of the General Laws and certified under Section 501(c)(3) of the United States Internal Revenue Code.

SECTION 3. Section 1 of Chapter 121B of the General Laws, as so appearing, is further amended by inserting the following new definition immediately after the definition of “development cost”:-
“Economically distressed area” an area characterized by any or all of the following conditions: high unemployment, pervasive poverty or a concentration of lower-income persons, or significant job dislocation due to plant closings, military base closings or other similar conditions. Areas designated by the Federal Government as urban enterprise communities or empowerment zones shall be considered economically distressed areas.

SECTION 4. Section 1 of Chapter 121B of the General Laws, as so appearing, is further amended by inserting the following new definition immediately after the definition of “operating agency”:-
“Qualified not-for-profit community-based organization” — a not-for-profit corporation organized under Chapter 180 of the General Laws and certified under Section 501(c)(3) of the United States Internal Revenue Code and determined by the department of housing and community development to have the experience and capacity necessary to carry out the proposed community development project.

SECTION 5. Section 57A of Chapter 121B of the General Laws is hereby amended by striking subsection (b)(2) and inserting in its place the following new section:-
(2) The project will be in the public interest and consistent with the sound needs of the community as a whole. Any benefit to private entities or individuals must be necessary and incidental to achieving the primary public benefit of the project. The project will provide measurable public benefits in reasonable proportion to amount of community development action grant assistance provided.

SECTION 6.  Section 57A of Chapter 121B of the General Laws is hereby further amended by adding the following to the end of subsection (b)(5):-
”, increasing municipal revenues such as property taxes, or increasing the supply of housing affordable to low and moderate income households.”