The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
Mary S. Rogeness
George N. Peterson, Jr.
John A. Lepper
Viriato Manuel deMacedo
Elizabeth A. Poirier
Robert S. Hargraves
Karyn E. Polito
Susan Williams Gifford
Richard J. Ross
Paul J. P. Loscocco
Donald F. Humason, Jr.
Todd M. Smola
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In the Year Two Thousand and Seven.
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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. Notwithstanding any general or special law to the contrary, there shall be a special commission to study and make recommendations on reforming chapter 40A of the General Laws. Such recommendations shall include a plan to improve sustainable land use regulations and development which will enable cities and towns to promote growth that protects the commonwealth’s natural resources and landscapes, while facilitating increased housing development. The commission shall consist of the following members: 6 members of the senate, 4 of whom shall be appointed by the senate president and 2 of whom shall be appointed by the senate minority leader; 6 members of the house of representatives, 4 of whom shall be appointed by the speaker of the house and 2 of whom shall be appointed by the house minority leader; the secretary of the executive office of environmental affairs; the director of the department of housing and community development; the director of the office of geographic and environmental information; and 1 member appointed by each of the following organizations: the Massachusetts municipal association, the Massachusetts federation of planning and appeals boards, the Massachusetts chapter of the American planning association, the Massachusetts association of planning directors, the Massachusetts association of homebuilders, the greater Boston real estate board, the Massachusetts association of realtors, the Massachusetts chapter of the national association of industrial and office properties, the conservation law foundation, the citizens housing and planning association, the Massachusetts housing partnership fund, and 1 representative from each of the 13 regional planning agencies formed according to chapter 40B of the General Laws. The scope of the commission’s inquiry shall include, but not be limited to:
1. Assessing existing land use, planning, zoning and subdivision control laws, and identifying issues that threaten the preservation of natural landscapes and impede the ability of local government to engage in effective land use planning.
2. Assessing existing land use, planning, zoning and subdivision control laws, and identifying issues that impede sustainable housing development or smart growth and suppress the increased production of housing.
3. Identifying possible incentives and modifications to chapter 40A and chapter 41 that will stimulate housing production consistent with the principles of sustainable development, encourage economic development and social equity, protect the environment, and conserve energy and water resources.
4. Recommending legislation that will promote effective land use planning, foster sustainable housing development in the commonwealth, and streamline or clarify procedures and processes.
5. Creating a report that contains the result of its investigation, including any recommendations that could be used as a framework for legislation necessary to carry out each recommendation accompanied with an explanation of the legislative intent of each draft proposal.
The commission shall submit its report and findings, along with any drafts of legislation, to the governor, the joint committee on municipalities and regional government, the joint committee on natural resources, the joint committee on housing, the senate and house committees on ways and means, and the clerks of the house of representatives and the senate not later than March 1, 2008.