by iwd Tina | Jan 26, 2023 | Housing News
On January 26, the State Fire Marshal published an Emergency Amendment to the existing Massachusetts Electrical Code that will allow the ground fault circuit interrupter (GFCI) requirement to be waived due to nuisance tripping after a review by a qualified person.
Over the past several months, affordable housing developers and advocates, led by 2Life Communities, made the Massachusetts Electrical Advisory Committee aware of large numbers of nuisance trips of GFCI protective devices protecting certain appliance types, particularly electric stoves.
Affordable housing providers found that the GFCI circuit breakers required by the electrical code are not compatible with current stove manufacturers’ ability to deliver appliances that work with the breakers. Every time a resident attempted to cook, they would trip the breakers.
This nuisance tripping, happening in all the apartments built or renovated now, left thousands of affordable housing residents, including many seniors, without functioning kitchens and limited access to food.
The emergency amendment allows for developers whose appliances are not compatible with the GFCI breakers to have a qualified professional (i.e., an inspector) confirm that the installation is correct, document the situation at the municipality, and then allow for the substitution of the GFCI breakers for non-GFCI breakers.
The emergency amendment took effect immediately statewide for all electrical appliances (refrigerators, stoves, water heaters, etc.) and will be adopted in the 2023 National Electrical Code (NEC) this spring. It will remain in effect until January 1, 2026, the next code cycle. This will provide ample time for the appliance manufacturers and breaker manufacturers to develop compatible appliance equipment.
The Board of Fire Prevention Regulations (BFPR) also provided hardwiring these appliances as a second solution. In response to 2Life Communities’ request for interpretation, the BFPR responded that the provisions of 2020 National Fire Protection Association (NFPA) 70 with Massachusetts Amendments allow freestanding electric ranges to be hardwired. The BFPR also responded that ground fault protection in not required for a hardwired freestanding electric range.
Although hardwiring is a more expensive solution, some developers already needed use this option. The interpretation provides needed clarity and guarantees.
This Emergency Amendment was the result of sustained advocacy led by Amy Schectman and Elise Selinger at 2Life Communities; a strong coalition of affordable housing developers and advocates; critical involvement from both the Baker and Healey Administrations; and creative thinking and action from the Massachusetts Electrical Advisory Code Committee, the BFPR board members and their General Counsel.
by iwd Tina | Jan 19, 2023 | Housing News
On January 19, Governor Healey filed a $987 million Immediate Needs Bond Bill that seeks critical authorization for key housing and economic development programs. Bill H.51 An Act financing the immediate economic revitalization, community development, and housing needs of the Commonwealth ensures continued funding for critical housing, infrastructure and community development programs.
Need for an Immediate Needs Bond Bill
Capital funds in many housing programs authorized through the last Housing Bond bill, such as Public Housing Capital, Facilities Consolidation Fund, and Housing Stabilization Fund have been exhausted or will soon expire. The pipeline for public housing investments is oversubscribed which means that long planned public housing projects cannot move forward until funds are made available thereby delaying improvements to public housing.
What is Included in the Immediate Needs Bond Bill
This bill ensures the continuity of these and other ongoing housing production and preservation programs in the near term. Here are some of the major investments the bill proposes:
- $400 million to cover MassWorks needs through 2028
- $48 million for Public Housing Capital
- $34 million for the Revitalizing Underutilized Properties Program to be administered by MassDevelopment for projects to rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties in Massachusetts
- $5 million for the Rural and Small Town Development Fund
- $11.6 million for the Community Based Housing Program, to provide state financial assistance for the development of community-based or supportive housing for individuals with mental illness and or intellectual disabilities
- $16 million for the Housing Stabilization and Investment Trust Fund
- $8.5 million for the Public Housing Demonstration Program to rehabilitate public housing through public-private partnerships
- $10 million for the Housing Innovations Trust Fund
- $2 million to support low- and moderate-income housing near transit nodes
- $200 million as a state match to compete for federal CHIPS Act funding
- $30 million to compete for community broadband dollars funded through the Infrastructure Investment and Jobs Act
The bill will go before the House Ways and Means Committee.
by iwd Tina | Jan 5, 2023 | Housing News
CHAPA is pleased to announce that we are now providing technical assistance for community engagement to all interested MBTA Communities seeking to comply with the Multi-family Zoning Requirements for MBTA Communities (Section 3A). Municipal staff, elected leaders, and board members are encouraged to apply. Participating communities will be divided into cohorts with comparable communities. These cohorts will meet monthly for direct support and peer to peer learning.
Cohorts will have access to a variety of resources, including one-on-one support from CHAPA’s MBTA Communities Engagement Manager. Areas of support could include meeting design and facilitation, effective messaging, graphic design, research, and much more depending on the needs of the participants.
Additionally, cohorts will have exclusive access to monthly webinars on topics such as casemaking and narrative change, strategizing for Town Meeting, press relations, designing walkable neighborhoods, and more.
Interested communities should fill out this form. If you have any questions, feel free to reach out to our MBTA Communities Engagement Manager directly at llinke@chapa.org. We look forward to working with you!
by iwd Tina | Dec 29, 2022 | Housing News
On December 29, 2022, President Biden signed the $1.7 trillion FY2023 federal budget to keep the government running through the end of the budget year in September 2023. According to PBS NewsHour, the omnibus spending bill contains $772.5 billion in spending for domestic programs, a roughly 6% increase. Spending on defense programs rose by about 10% to $858 billion.
The budget provides an additional $8.1 billion, or $61.8 billion in total, for programs of the U.S. Department of Housing and Urban Development (HUD) compared to FY2022 spending. According to the National Low Income Housing Coalition, the budget includes enough funding to renew all existing Housing Choice Vouchers and Project-Based Rental Assistance and will expand rental assistance vouchers to an additional 12,000 households. Other programs also received increased funding, including Public Housing Operating Funds, Homeless Assistance Grants, Section 202 Housing for the Elderly, and fair housing programs.
The Community Development Block Grant program, HOME Investment Partnerships, and the Choice Neighborhood programs received level funding.
The Public Housing Capital and Healthy Homes programs received slight decreases in funding.
The final spending bill does not include a tax extenders package related to the Low-Income Housing Tax Credit (LIHTC) to extend the 12.5% allocation increase that expired in December 2021 and to lower the 50% bond threshold. Efforts to enact this tax legislation will likely continue into 2023.
by iwd Tina | Dec 23, 2022 | Housing News
The Department of Energy Resources (DOER) published a draft regulation and a model rule for public comment on the pilot program for the Municipal Fossil Fuel Free Building Demonstration Program.
The demonstration program allows up to 10 cities and towns to adopt and change zoning to require new building construction or major renovation projects to be fossil fuel-free. The Legislature included this pilot program as part of An Act Driving Clean Energy and Offshore Wind passed in July 2022.
The draft regulation provides a selection preference for cities and towns that meet the compliance guidelines for the MBTA multifamily zoning requirement of section 3A of chapter 40A of the Mass. General Laws. The selection criteria also include whether the community has demonstrated local support and whether there have been localized electric grid investments needed to support the demonstration program.
As required by the legislation, the regulation also includes that any participating community must have achieved on the following housing thresholds:
1. The municipality has met the 10% affordability threshold on the Subsidized housing Inventory;
2. The municipality has been granted safe harbor status from Chapter 40B through a valid Housing Production Plan; or
3. The municipality has an approved a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, that such multi-family housing shall be without age restrictions and shall be suitable for families with children, as evidenced by a determination of district compliance issued by the department of housing and community development pursuant to its guidelines implementing section 3A of chapter 40A of the General Laws.
DOER will host one virtual public hearing to receive verbal comments on the proposed regulation and model rule.
February 8th, 2023
2:00 pm – 4:00 pm
Participants will need to register beforehand.
Interpretation services can be provided upon request. Please email a request to green.communities@mass.gov by January 27th, 2023.
Verbal testimony will be accepted at the hearing; however, all parties giving verbal testimony are requested to provide written copies of their testimony.
Written comments will be accepted until 5 PM on February 10th. Please submit written comments on the regulations to the Department of Energy Resources electronically to green.communities@mass.gov with the words TEN COMMUNITY DEMONSTRATION COMMENTS in the subject line. Alternatively, comments can be submitted via mail to Energy Efficiency Division, Department of Energy Resources, 100 Cambridge Street, 9th Fl, Boston, MA 02114.
by iwd Tina | Dec 15, 2022 | Housing News
On December 14, 2022, the Supreme Judicial Court (SJC) issued their opinion in the case of TERRENCE MARENGI et al vs. 6 FOREST ROAD, LLC et al (Marengi), in favor of the application of the bond provision to the comprehensive permit law. Marengi involves a group of abutters challenging an order requiring them to post a $35,000 bond to pursue their appeal of an approved 40B comprehensive permit in Salisbury. The abutters argued that the bond provisions of chapter 40A, § 17, do not apply to appeals of 40B comprehensive permits. The SJC found otherwise and concluded in its opinion, “At issue is whether the bond provision set out in G. L. c. 40A, § 17, applies to comprehensive permits issued under G. L. c. 40B, § 21, to promote low- and moderate-income housing. We conclude that it does, as such permits are reviewed pursuant to G. L. c. 40A, § 17, and necessarily include, as in this case, site plans, which are referenced explicitly in the provision.”
In addition to the statutory “plain language” argument, the Court relied on the legislative history of Chapter 40B and the passage of the state’s Economic Development Bill of 2020, citing both Senators Brendan Crighton and Julian Cyr and their advocacy efforts to deter frivolous lawsuits that impede affordable housing production contemplated by the statute and needed by the Commonwealth. Thanks to all 23 signers of our Amicus Brief! The strength of this collaboration, including the Department of Housing and Community Development and 21 industry, non-profit and state partners was critical to this positive outcome. Not only was the opinion favorable to affordable housing advocates, but it picked up arguments directly from our brief in reference to site plan reviews and the legislative history!
The SJC did not rule on the specific bond determination in this case, but remanded the matter to the lower court to determine the application of the standard established by the SJC for imposing a bond.
The SJC Slip Opinion can be found here.
