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TR-2010-8 SUPPORT SENTATE BILL 90 CPA �A TR-201 0- A RESOLUTION TO SUPPORT SENATE BILL 90- AN ACT TO SUSTAIN COMMUNITY PRESERVATION (SPONSORED BY COUNCILORS GEORGE BITZAS,GINA M.LETELLIER,JILL S. MESSICK,DENNIS 1. PERRY,ROBERT E.ROSSI,JOHN F. WALSH,JAMES P.CICHETTI,ROBERT A. MACC30VERN,JOSEPH MINEO,DONALD M.RHEAULT,AND JILL P.SIMPSON) Whereas, the Town of Agawam has accepted Massachusetts General Laws c. 44B, "Community Preservation Act" (hereinafter "Act"); and I Whereas, the Act is intended to encourage and enable communities to develop new parks, playgrounds, and recreation fields,protect open space, preserve histonic buildings and resources, and support affordable housing; and Whereas, Senate Bill 90, "An Act to Sustain Community Preservation," (hereinafter "Bill") would increase the annual minimum Community Preservation Act trust fund match by the State to seventy-five (75) percent; and Whereas, the Bill would clarify allowable uses for the Community Preservation Act funds so that communities may rehabilitate existing outdoor parks and other recreational resources; and Whereas,passage of the bill would allow for the repair and maintenance of the Agawam High School tennis courts and construction of a new track- and C") C� C= Whereas, the Bill has passed through the Joint Committee on Community Devcipgm and Small Business; and co Whereas, the Bill is now in the Hous:,- Ways and Means Committee; and Whereas, it is in the best interest of the Town of Agawam that the Bill be approvet?and made law; NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam City Council shows support for the Bill and urges Senator Stephen Buoniconti, Representative Rosemary Sandlin, and Governor Deval Patrick to work in support of the Bill. DATE THIS DAY ORJ9jb_, 2010. C4 PER ORDER OF THE AGAW M CITY COUNCIL 0A14 1A D Rhe It, President C40A A0. PR VED TO FORM AND LEGALITY Au incenCF. GN scia, City Solicitor MAYORAL ACTION Received tl�s day of 2010 from Council Clerk. Signed by Council President this dayof "PROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby approve the passage of the above legislation on this day of 2010. -Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATI By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto tile passage of the above legislation on this day of J 20 10 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO cOUNCIL CLERK Returned to Council Clerk this _dayof 4tbA��, 2010. TR-201 0- '6 A RESOLUTION TO SUPPORT SENATE BILL 90- AN ACT TO SUSTAIN COMMUNITY PRESERVATION (SPONSORED BY COUNCILORS GEORGE BITZAS,GINA M. LETELLIER,JILL S.MESSICK,DENNIS J. PERRY,ROBERT E.ROSSI,JOHN F.WALSH,JAMES P.CICHETTI,ROBERT A.MAGOVERN,JOSEPH MINEO,DONALD M.RHEAULT,AND JILL P.SIMPSON) Whereas, the Town of Agawam has accepted Massachusetts General Laws c. 44B, "Community Preservation Act" (hereinafter"Act"); and Whereas, the Act is intended to encourage and enable communities to develop new parks, playgrounds, and recreation fields, protect open space, preserve historic buildings and resources, and support affordable housing; and Whereas, Senate Bill 90, "An Act to Sustain Community Preservation," (hereinafter "Bill") would increase the annual minimum Community Preservation Act trust fund match by the State to seventy-five (75) percent; and Whereas, the Bill would clarify allowable uses for the Community Preservation Act funds so that communities may rehabilitate existing outdoor parks and other recreational resources; and Whereas,passage of the bill would allow fo-the repair and maintenance of the Agawam High School tennis courts and construction of a new track; and Whereas, the Bill has passed through the Joint Committee on Community Development and Small Business; and Whereas, the Bill is now in the House Ways and Means Committee; and Whereas, it is in the best interest of the Town of Agawam that the Bill be approved and made law; NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam City Council shows support for the Bill and urges Senator Stephen Buoniconti, Representative Rosemary Sandlin, and Governor Deval Patrick to work in support ofthe Bill, DATE THIS DAY OF 2010. PER ORDER OF THE AGAWAM CITY COUNCIL Do ld M. Rhe It,President %1. I�qVED TO FORM AND LEGALITY VincentT.Noscia, City Solicitor TR-201 0- '3 A RESOLUTION TO SUPPORT SENATE BILL 90-AN ACT TO SUSTAIN COMMUNITY PRESERVATION (SPONSORED BY COUNCILOR GEORGE BITZAS) Whereas, the Town of Agawam has accepted Massachusetts General Laws c. 44B, "Community Preservation Act" (hereinafler"Act"); and Whereas, the Act is intended to encourage and enable communities to develop new parks, playgrounds, and recreation fields, protect open space,preserve historic buildings and resources, and support affordable housing; and Whereas, Senate Bill 90, "An Act to Sustain Community Preservation,"(hereinafter "Bill")would increase the annual minimum Community Preservation Act trust fund match by the State to seventy-five(75)percent ; and- Whereas, the Bill would clarify allowable uses for the Community Preservation Act funds so that communities may rehabilitate e-zisting outdoor parks and other recreational resources; and Whereas, passage of the bill would allow for the repair and maintenance of the Agawam High School tennis courts and construction of a hew track; and Whereas, the Bi I] has passed through the Joint Committee on Community Development and Small Business; and Whereas, the Bill is now in the House Ways and Means Committee; and Whereas, it is in the best interest of the Towi of Agawam that the Bill be approved and made law; NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam City COuncil shows support for the Bill and urges Senator Stephen Buoniconti, Representative Rosemary Sandlin, and Governor Deval Patrick to work in support of the Bill. DATE THIS DAY OFI�uq 2010. PER ORDER OF THE AGAWA CITY COU-14CIL D nald M eault, President r, ITOVED S TO FORM AND LEGALITY Vi"n-cen't F. Gioscia, City Solicitor TR-201 0- 'R A RESOLUTION TO SUPPORT SENATE BILL 90- AN ACT TO SUSTAIN COMMUNITY PRESERVATION (SPONSORED BY COUNCILOR GEORGE BITZAS) Whereas, the Town of Agawam has accepted Massachusetts General Laws c. 44B, "Community Preservation Act" (hereinafter"Act"); and Whereas, the Act is intended to encourage and enable communities to develop new parks, playgrounds,and recreation fields, protect open space, preserve historic buildings and resources, and support affordable housing; and Whereas, Senate Bill 90, "An Act to Sustain Community Preservation," (hereinafter "Bill") would increase the annual minimum Community Preservation Act trust fund match by the State to seventy-five (75) percent ; and Whereas, the Bill would clarify allowable uses for fk- funds so that communities may rehabilitate e.-.ist resources; and Whereas, passage of the bill would allow M High School tennis courts and construction of a nt Whereas, the Bill has passed through the Ji and Small Business; and Whereas, the Bill is now in the House Way, Whereas, it is in the best interest of the Towt made law; NOW THEREFORE, BE IT RESOLVED BY %,.;o u NC I L that the Agawam City COuncil shows support for the Bill �.___-wges Senator Stephen Buoniconti, Representative Rosemary Sandlin, and Governor Deval Patrick to work in support of the Bill. DATE THIS DAY OFIJ�JU4201 0. PER ORDER OF THE AGAW CITY UNCIL D nald M, eault, President 19VIEDS TO FORM AND LEGALITY Vin'cent F. G"ioscia, C I ity Solicitor INTEROFFICE MEMORANDUM FROM: AGAWAM CITY COUNCIL VICE PRESIDENT ROBERT E. ROSSI SUBJECT: SENATE BILL 90 DATE: 2/18/20 10 Attached please find a copy of TR-2010-8, a Resolution in Support of Senate Bill 90 (An Act to Sustain Community Preservation) which was unanimously passed by the Agawam City Council at their recent meeting on February 16, 2010. On behalf of the City Council, I would appreciate your full support in passing Senate Bill 90. Thank you. Agawam High School February 12, 2010 Agawam Town Council Members; I am writing this letter in support of Senate Bill 90-An Act to Sustain Community Preservation. Agawam has benefitted in many ways from the Town's support of the CPA Funds. The direction leadership has taken in utilizing these funds has always been favorable. After reviewing the resolution that is in front of the council, I would like to say as a resident and as the Director of Athletics of the Town of Agawam, I would be in support of passing this resolution. It seems that there has been a "grey area7' in terms of how and where the CPA funds could be directed, In particular, in the past these funds could not be utilized for maintenance of the town's athletic track/field. As most people are aware, the Agawam High School Track Team still practices on the original cinder track that has b in existence since 1955. Many of the surrounding municipalities have rubberized lien r ck for their high schools that are used for their track competitions. Al I of Agawam High School track meets are held at surrounding area schools,which poses a disadvantage to our student athletes as they never have the opportunity to compete in front of the "home" crowd. Thank you for your time and efforts for the Town of Agawam, Sincere CfLouis E. Conte Director of Athletics, Physical Education, and Student Activities Louis E. Conte - Director of Athletics, Physical Education, and Student Activities 0 760 Cooper St A9$WAM, MAO1OO1 Tfl. 413-821-0529 Fax 413-821-0512 Itoatc@agawarapublicsobools.org ej TR-2010- A RESOLUTION TO SUPPORT SENATE BILL 90- AN ACT TO SUSTAIN COMMUNITY PRESERVATION (SPONSORED BY COUNCILOR GEORGE BITZAS) Whereas, the Town of Agawam has accepted Massachusetts General Laws c. 44B, "Community Preservation Act" (hereinafter"Act"); and Whereas,the Act is intended to encourage and enable communities to develop new parks, playgrounds, and recreation fields, protect open space,preserve historic buildings and resources, and support affordable housing-, and Whereas, Senate Bill 90, "An Act to Sustain Community Preservation," (hereinafter "Bill") would increase the annual minimum Community Preservation Act trust fund match by the State to seventy-fivc (75) percent - and Whereas, the Bill would clarify allowable uses for the Community Preservation Act funds so that communities may rehabilitate existing outdoor parks and other recreational resources; and Whereas,passage of the bill would allow for the repair and maintenance of the Agawam High School tennis courts and construction of a new track; and Whereas, the Bill has passed through the Joint Committee on Community Development and Small Business; and Whereas, the Bill is now in the House Ways and Means Committee; and Whereas, it is in the best interest of the Town of Agawam that the Bill be approved and made law; NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam City COuncil shows support for the Bill and urges Senator Stephen Buoniconti, Representative Rosemary Sandlin, and Governor Deval Patrick to work in support of the Bill. DATE THIS DAY OF � 2010, PER ORDER OF THE AGAWAM CITY COUNCIL D nald M. cault, President PP,4OVfjF_D S TO FQRM AND LEGALITY Vin-cerit F, Gioscia, City Solicitor Amanda Linehan Metropolitan Area Planning Council 617-451-2770 x203O Doug Pizzi Community Preservation Coalition 508-251-2599; Cell 508-314-7988 For Immediate Release: Friday, December 11, 2009 .CPA BILL CLEARS MAJOR LEGISLATIVE HURDLE Legislation would shore up community preservation funds for municipalities BOSTON—A key bill that would help cities and towns make the most of Community Preservation Act funds has just cleared a major hurdle, after a joint legislative committee recommended the bill be approved when the Legislature reconvenes in January. The state Legislature's Joint Committee on Community Development and Small Business recommended that the full Legislature approve Senate Bill 90,An Act to Sustain Community Preservation, The positive recommendation clears the way for the House Committee on Ways and Means to take up the bill when the Legislature returns from its holiday recess. The bill amends the CPA, which was passed in 2000, by making it more responsive to the 142 communities that have already adopted it, and by making the CPA more attractive to those municipalities now considering it. The CPA allows communities to assess a property tax surcharge of up to 3 percent, with various local exemptions tailored to community preference. The locally-raised money is then matched by a statewide trust fund derived from $10 to $20 fees assessed on real estate transactions filed at the county registries of deeds. Until last year, the trust fund was able to match locally raised funds dollar for dollar. But as more communities passed the CPA and real estate transactions slowed down, the match plummeted— reaching an average low of 40 percent last year. The base match is likely to drop to 28 percent next year, according to the state Department of Revenue, which administers the matching fund, and the current law allows the match to drop as low as 5 percent. Senate Bill 90 would set a minimum annual trust fund match of 75 percent for locally-raised money. It would also make joining CPA easier for larger cities and less-affluent communities. "Unless the Legislature acts, you'll see less open space being protected, historic buildings continuing to deteriorate, and fewer opportunities for people to have homes they can afford," said Stuart Saginor, Executive Director of the statewide Community Preservation Coalition (CPQ. "The bill has great benefits for CPA communities to address pressing needs." The bill would also allow communities that adopt CPA with at least a I percent surcharge on real property to supplement their local ly-raised money with funds from other sources, such as the meals tax,thus qualifying for a larger match(up to the 3 percent limit). -more- V "The uncertainty of the match has really given many communities pause in considering whether to adopt CPA,though they understand how valuable a too] it can be in preserving affordable housing,historic places and open space,"said Marc Draisen, Executive Director of the Metropolitan Area Planning Council (MAPQ. "This bill offers cities and towns some more flexibility and assurance,and could make the difference in whether or not we see widespread continued support of the Act." Another key facet of the bill would allow communities to use their CPA funds for capital improvements to outdoor recreation facilities not originally purchased with CPA money, something the law currently forbids. This rule has been a roadblock for many urban areas that have adopted or considered the CPA, "The committee felt that making the CPA more responsive to urban communities would be helpful to those that have adopted it� and those that may like to,"said state Rep. Linda Dorcena Forty,House Chair of Community Development and Small Business. The bill's 75 percent minimum annual match from the trust fund would be funded by incre�sing the CPA fee at the registries of deeds, a fee not adjusted since CPA's creation nine years ago. Even at the new level, the CPA fee on a basic real estate transaction file would representjust ,045 percent of the cost of the average $305,000 home sale, A guaranteed minimum match gives municipal governments a dedicated source of funds that can be used to meet specific municipal needs, say bill supporters. "Stabilizing the matching fund is in the best interest of the entire CPA program, so communities can icount on some certainty in the match from year to year,"said state Sen. Michael 0. Moore, Senate Chair of Community Development and Small Business. Especially in a tough economy, CPA helps municipalities balance funding among open space, housing and historic preservation as needed,and reduces the financial competition with other community needs such as fire, police, schools, maintenance and public works. CPA remains one of the few ways communities can pay for allowable capital improvements without overriding Proposition 2Y2 or passing a debt exclusion. The bill is sponsored by state Sen, Cynthia Stone Creem and state Rep. Stephen Kulik, and has 81 additional co-sponsors from both legislative houses. More than 75 housing, environmental and historic preservation organizations representing thousands of people also support the bill. "We are very appreciative of the leadership shown by the committee chairs and by the sponsors of this legislation," said Saginor. Since being signed into law in late 2000, CPA municipalities have preserved 11,377 acres of open space, including important wetland resources, CPA funds have also helped create or rehabilitate more than 3,000 affordable housing units and programs, and funding for at least 1,600 historic preservation projects and 550 outdoor recreation projects has been approved under the program. For more information about the CPA, visit www,communitypreservation.org. Communt Preservat! n Coalition cw" ilWu�,c A Summary of ,SB 90 An Act to Sustain Community Preservation ...................I Summary of SB 90 In addition to a number of technicai corrections, this bill has three main components� 1,, Ensure Lasting Success of the COMMUnity Preservation Act (CPA) This 01 would increase the annual minimi im CPA trust fund match to 75% The trust fund derives its revenue from fees collected atthe Registries of Deeds statewide, From 2001 to 2007, each CPA community received a match from the trust fund equal to 100% of its locally raised revenue, Beginning in October 2008 however, the CPA trust COUld not sustain the 100% match due to the popularity of the program and reduced real estate acfivft�y. The match ratefell to 67% for many communities in 2008 and the Department of Revenue projects it to further decline to 30% in 2009, 2. Broaden CPA Participation This bill will help cities and less affluent cornmunifies-,, many of whom have yet to adopt CPA. It would allow communities to combine a traditional 1% CPA property tax surcharge with up to 2% of other municipal revenue in order to fund their foca� Community Preservation account, 'rhis afternate method of adoption relies less on the local propetly tax surcharge to raise revenue and provides a higher level of matching funds from the statewide CPA Tnust, which will spur more CPA adoption in urban comniun,"fies. Furti"iermore, the bill adds a new optional commerbal exemption for the first $100,000 of propedy value for commercial and indUStrial properties to mirrorthe current $100,000 residential exempfion, This new exemption is especially beneficial to small businesses- C ify Allowable Uses to Promote, Sustainable Communities lart bill woutd clarify the allowable uses for CPA funds so that communifies can rehabilitate T h is existing outdoor parks and other recreational resourmes, Currently, rehabilitation prc)jects are restricted to recreational resources that were accoured or created with CPA funds, This has been extrernely limiting in many communities, incluiding larger, urban communities with less open space to protect but many older parks in need of capital, rehabilitation, In addition, has forced son ie communities to create needed playing fields on land used for passive open "ad o! space inste frehabifitating existing fields. This change would mirror a legislative The Community Preservation Act (CPA) ,CPA is a state law passed in 2000 that allows an adopting community to establish a dedicated IoGal fund to support affordable housing, develop new parks, playgrounds, and recreation fields, protect, open space., and preserve historic buildings and resources, Adopting communifies add a surcharge of up to 3% to local property taxes to raise money locally-, a statervide, dedicated CPA Tnust Fund provides annual matching funds of up to 100% of what is raised locally, Fees on real estate transactions at the state Registries of Deeds fund the CPA 'Trust Fund, The local legislative body must vote to adopt the CPA, foflowed by a niajodty vkclte at a local ballot election. An alternate route is through the initiative pefition process (certified signatures of 5% of the registered voters are requirecJ to put the measure on the ballot,) Since being signed into law in late 2000, CPA has been adopted by 142 cornmunities, rppre.�enting 40% of the Commonwealth's cities and towns, Using CPA funds, municipalffies have preserved more than '10,000 acres of open space, including important wetland resources such as lakes, r�vers, and saltwater, pond&, created or rehabilitated more than 2,300 affordable housing units and deve�oped hundreds of innovative affordable housing programs" and approved fundingfor more than 1,300 h�istohc preservation projects and over 500 recireafior,�, projects. The Community Preseivation Coalition is a non-profit, mernbership organization that provides technical assistance and guidance to cornmunifies adopting or implementing CPA. Community Preservatio' n Coalition 33 Union Street, 5th Floor Boston, MA 02108 617-367-8998 w�vw.communityprcis,ervatiori,or,�3 D TR-2007- 1'9 A RESOLUTION TO PRESENT TO THE GENERAL COURT PROPOSED AMENDMENTS TO THE COMMUNITY PRESERVATION ACT (SPONSORED BY COUNCILOR GEOPLGE BITZAS) Whereas,the Town of Agawam has accepted Massachusetts General Laws c. 44B, "Community Preservation"(hereinafter"Act"); and Whereas,one of the purposes of the Act is for the acquisition, creation, preservation and support of community housing; and Whereas, the Town of Agawam has undertaken the building of a new Senior Center and in the future will be in need of funds to repair, maintain and support the Senior Center; and I Whereas, under the Act as currently written the Town would not be able to apply for funds through the CPA because this project does not fully meet the definitions and restrictions of the Act. NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Town of Agawam requests that the General Court consider the Proposed Amendments to the Community Preservation Act, as attached hereto. Copies of the foregoing Resolution shall be sent to Governor Deval Patrick's office, Senator Stephen Buoniconti and Representative Rosemary Sandlin. PER ORDER OF THE AGAWAM CITY COUNCIL Rheault, President C( Q,h 0 CAA 0, AP40 D AS 09 FORM AND LEGALITY At iosc Citv Solic V)ioscia, City Solicitor C CX A V111centrGil" ta. PROPOSED AMENDMENTS TOMASSACHUSETTS GENERAL LAWS c. 44B,, COMMUNITY PRESERVATION ACT Section (a) Section 2 of said chapter 44B is hereby amended by inserting the following sentence at the end of the definition of"Rehabilitation": "With respect to community housing, rehabilitation shall also include repairs, maintenance and other improvements to the 'I housing facilities in order to keep the faciriMes in go-ZoTrMpair for the inhabitants." (b) Section 2 of said chapter 44B is hereby amended by inserting the following phrase at the end of the definition of"Community housing"- "and senior centers". (c) Subsection (b) of section 5 of said chapter 44B is hereby arnended by striking out the first sentence of clause(2) thereof and inserting in place thereof the following sentence: "The community preservation committee shall make recommendations to the legislative body for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources, for the acquisition, creation and preservation of land for recreational use; for the acquisition, creation, preservation, support and rehabilitation of community housing which shall include the acquisition of land for construction of senior centers and preservation, support and maintenance for new or existing senior centers; and for the rehabilitation or restoration of open of open space, land for recreational use and community housing that is acquired or created as provided in this section," MAY ORAL AMON Received this dayof 2007 from Town Council Clerk. Signed by Council President this day of 2007. A,"RQ—VALDF LEQISLAIIQN By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I herqby approve the passage of the above legislation on this day of , 2007. Richard A. Cohen, Mayor DISAPPROVAL 0 GISLATJQN By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2007 for the following reason(s)- Richard A. Cohen, Mayor RETLJRN OF LEG15LATION TQ CQUNCIL CLE,,RK Returned to Council Clerk this day o 200T f INTEROFFICE MEMORANDUM TO: FULL COUNCIL FROM: COUNCILOR GEORGE BITZAS SUBJECT: TR-2010-8 DATE: 1/27/2010 The Senate Bill-90 is now in the Ways and Means Committee and if this passes by both houses and is signed by the Governor, we would be able to apply CPA money toward the repair and construction of the much-needed new track, bleachers and tennis courts at the Agawam High School as well as to repair other projects. By passing the attached resolution, our support of this bill will be voiced, Thank you Communit 11,y Preservation Coalition & A Summary of SB 90 An Act to Sustain Community Preservation Summary of SB 90 In addition to a number of technical corrections, this bill has three main components, 1. Ensure Lasting Success ofthe Community Preservation Act (CPA) This bill would increase the annual minimum CPA trust fund match to 75%. The trust fund derives its, revenue frorn fees collected at the Registries of Deeds statewide. From 2001 to ommunity received a match from the trust fund equal to 100% of its locally 2007, each CPA c raised revenue, Beginning in October 2008 however, the CPA trust COUld not sustain the 100% match due to the popularity of the program and reduced real estate activity, The match rate fell to 67% for many communities in 2008 and the Department of Revenue projects it to further dectine to 30% in 2009, 2. Broaden CPA Participation This bill will help cifies and less affluent communities, many of whom have yet to adopt CPA, It would aflow communities to cornbine a traditional 1% CPA property tax surcharge with up to 2% of other municipal revenue in order tofund their local Community Preseyvation account, This alternate method of adoption relies less on the local property tax surcharge to raise revenue and provides a higher level of matching ftinds from the statewide CPA Trust, which will sptir more. CPA adoption in urban cominunities, Furthermore, the bN adds a new optional COMrner6al exemption for thefirst $100,000 of property value for commercial and industrial properties to mirror the current$100,000 residential exemption, This new exemption is especially beneficial, to small businesses 3. Clarify Allowable Uses to Promote Sustainable Communities This bill would clarify the allowable uses for CPA funds so that communities can rehabilitate existing outdoor parks and other recreational resources, Currently, rehabilitation prqjects are restricted to recreational resources that were acquired or,created with CPA funds, This has been extremely limiting in many communities, including larger, urban communities with less open space to protect but many older parks in need of capital rehabilitation, In addition, it has forced some communities to create needed playing fields on lar�id used for,passive open space instead of rehabilitating existing fields. This change would mirror a legistative amendment made in 2002 allowing CPA funds to be devoted to rehabilitation of historic assets riot acquired under CPA, Supporters of SS 90 Lead Sponsors: Senator Cynthia Stone Creern and Representative Stephen KUIN Senate Co-Sponsors: Stephen Brewer Berrjarnin Downing Patricia Jehlen James "rimilty Scott Brown James Eldridge Thomas Kennedy Susan Tucker Stephen Buoniconti Susan Fargo Joan Menard Bruce Tarr Gale Candaras Jennifer Flanagan Robert O'Leary Harriette Chandler Anthony Galluccio Marc Pacheco Kenneth Donnelly Robert Hedlund Stanley Rosenberg Hou,",�, Co-Sponsors: Geraldo Alicea Steven D'Amico Jason Lewis Richard Ross Jarnes Arciero Carolyn Dykerna Barbara Ultafien Rosemary San0in Cory Atkins Mark Falzone Timothy Madden John Scibak Bruce Ayers Ann-Margaret Ferrartte Paul McMurtry Frank Smizjk Carlo Basile Colleen Garry James Miceli 'Todd Smola Jennifer Benson Susan Gifforrd James Murphy Joyce Spiliotis Garreft Bradley Anne Gobi Harotd Naughton Thomas Stanley William Brownsberger Denis Guyer Jarnes O'Day Ellen Story Thornas Calter Lida Harkins Matthew Patrick William Straus (Chrisfine Canavan Kate Hogan Sarah Peake BenjaminSwan Stephen Canessa Louis Kafka Afice Peisch Timothy Toomey James Cantwell Jay Kaufman Jeffrey Plerry Cleon Turner Cheryl Coakley-Rivera John Keenan John Quinn James Vallee Thomas Conroy Kay Khan Robert Rice Jarnes Welch Geraldine Creedon Peter Kocot Michael Rodrigues Alice Wolf Endorsing Organizations (parfial list): Citizens Housing and Planning Association Massachusefts Recreation and Park Assoc, Environmental League of Massachusetts Massachusetts Smart Growth Alliance Mass Audubon Metropolitan Area Planning Council Massachusetts Affordable Housing Alliance, National Trust for Historic Preservation Massach usetts Association of Community Preservation Massachusetts Development Corporations Trust for Public Land Massachusetts Municipal Association Tfm Tfrustees of Reservations The Community Preservation Act (CPA) CPA is a state law passed in 2000 that allows, an adopting cornrnun�ty to establish a dedicated local fund to support affordable hotising, develop riew parks, playgrounds, and recreational fields, protect open space, and preserve, historic buildings and resources, Adopting communities add a surcharge of up to 3% to local property taxes to raise money locally-, a statewide, dedicated CPA Trust Fund provides annual matching funds Of Lip tO 100% of wh�t is raised locally, Fees on re,at estate, transactions at the state Registries of Deeds fund the CPA Trust Fund. "The locial legislative body must vote to adopt the CPA, followed by a majority vote at a local ballot electiom An alternate route is through the initiative petition process (certified signatures of 5% of the registered voters are required to put tfm meaSLIreon the ballot,) Since being signed into law in late 2000, CPA has been adopted by 142 communities, representing 40% of the Commonwealth's cities and towns, Using CPA funds, municipalities have preserved more, than 10,000 acres of open spaGe, including important wetland resources such as takes, rivers, and saltwater ponds, create�,d or rehabilitated more than 2,300 affordable housing units and developed hundreds of innovative affordable housing prograryls; and approved funding for more than 1,300 historic premervation projects and over 500 recreation projects, The, Community Preservation Coalition is a non-profit, inembership organization that provides technical assistance and guidance to coniniunities adopting or implementing CPA, Community Preservafi6n CoolItWn 33 Union Street, Sth Floor Boston, MA 02108 617-367-8998 wAfw.cory,imunitypr:Ll,,se,rvat,ion.org SENATE DOCKET, NO, 991 FILED ON: 1/13/2009 SENATE No. 90 FANNINOM The Commonwealth of Ma33achusetts PRESENTED BY: Cynthia Stone Creern To the Honorable Senate and House of Representatives ofthe Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill: An Act to sustain community preservation. PETITION OF: NAME: DISTRICT/ADDRESS: Cynthia Stone Creern First Middlesex and Norfolk Stephen Kulik I st Franklin Stephen M. Brewer Worcester, Hampden, Hampshire and Franklin Frank 1. Smizik 15th Norfolk Joan M.Menard First Bristol and Plymouth James E. Vallee I Oth Norfolk Robert A. ULeary Cape and islands Matthew C.Patrick 3rd Barnstable Anthony D. Galluccio Middlesex, Suffolk and Essex Harriette L. Chandler First Worcester Bruce J.Ayers I st Norfolk James B. Eldridge Middlesex and Worcester Stanley C. Rosenberg Hampshire and Franklin Scott P. Brown Norfolk, Bristol and Middlesex Jennifer L. Flanagan Worcester and Middlesex Benjamin B. Downing Berkshire, Hampshire and Franklin James E.Timilty Bristol and Norfolk Patricia D.Jehlen Second Middlesex Susan C.Tucker Second Essex and Middlesex Susan C. Fargo 7hird Middlesex Kenneth J. Donnelly Fourth Middlesex Stephen J. Buoniconti Hampden Bruce E.Tarr First Essex and Middlesex Marc R.Pacheco First Plymouth and Bristol Robert L, Hedlund Plymouth and Norfolk Gale D. Candaras First Hampden and Harnpshire Cleon H.Turner I st Barnstable Barbara A. L'Italien 18th Essex Kate Hogan 3rd Middlesex Peter V. Kocot I st Hampshire Steven J. DAmico 4th Bristol Timothy I Toomey,Jr. 26th Middlesex Jason Lewis 3 1 st Middlesex Alice K. Wolf 25th Middlesex Alice Hanlon Peisch 1-1-4 Norfolk James R.Miceli 19th Middlesex Denis E.Guyer 2nd Berkshire Timothy Madden Barnstable, Dukes and Nantucket Rosemary Sandlin 3rd Hampden Joyce A: Spiliotis l2th Essex Carolyn Dykema Sth Middlesex Sarah K. Peake 4th Barnstable William N. Brownsberger 24th Middlesex James J.O'Day l4th Worcester District Jay R. Kaufman 15th Middlesex Jefftey Davis Perry 5th Barnstable Cory Atkins 14th Middlesex Ellen Story 3rd Hampshire Christine E, Canavan 10th Plymouth Garrett I Bradley 3rd Plymouth Geraldine Creedon I Ith Plymouth Anne M. Gobi 5th Worcester Kay Khan I Ith Middlesex Jennifer Benson 37th Middlesex William M.Straus I Oth Bristol Stephen R.Canessa 12th Bristol Louis L. Kafka 8th Norfolk James M. Murphy 4th Norfolk James T. Welch 6th Hampden John W. Scibak 2nd Hampshire Michael I Rodrigues 8th Bristol Thomas P. Conroy 13th Middlesex Geraldo Alicea 6th Worcester Carlo P.Basile Suffolk James Cantwell 4th Plymouth Cheryl A.Coakley-Rivera 10th Hampden Todd M.Smola -1 st Hampden Richard J. Ross 9th Norfolk Paul McMurtry I I th Norfolk Ann-Margaret Ferrante' 5th Essex Harold P. Naughton,Jr. 12th Worcester John D.Keenan 7th Essex Colleen M. Garry 36th Middlesex John F. Quinn 9th Bristol Susan Williams Gifford 2nd Plymouth Thomas J. Calter l2th Plymouth Lida E. Harkins l3th Norfolk Mark V. Falzone 9th Essex Benjamin Swan I I th Hampden Robert L. Rice,Jr. 2nd Worcester Thomas M. Stanley 9th Middlesex The Commonwealth of Massachusetts In the Year Two Thousand and Nine AN ACT TO SUSTAIN COMMUNITY PRESERVATION. nereas,the deferred operation for this act would tend to defeat its purpose,which is forthwith to continue the commonwealth's commitment and partnership with cities and towns to enhance affordable housing,park and open space preservation and historic preservation,therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. I Be it enacted by the Senate and House ofRepresentatives in General Court assemhleit and hy the authority ofthe some, asfollows; I SECTION 1. Section Two is hereby amended by removing the definition of 2 "Rehabilitation"and inserting in place thereof the following:- 3 "Rehabilitation", the remodeling, reconstruction and making of extraordinary repairs to 4 historic resources, open spaces, lands for recreational use and community housing, but not 5 including maintenance, for the purpose of making such historic resources, open spaces, lands for 6 recreational use and community housing functional for their intended use, including but not 7 limited to improvements to comply with the Americans with Disabilities Act and other federal, 8 state or local building or access codes. With respect to historic resources, rehabilitation shall 9 hav' e the additional meaning of work to comply with the Standards for Rehabilitation stated in 10 the United States Secretary of the Interior's Standards for the Treatment of Historic Properties I I codified in 36 C.F.R. Part 68. With respect to land for recreational use, rehabilitation shall 12 include the replacement of playground equipment and other capital improvements to the land or 13 the facilities thereon which make the land or the related facilities more functional for the related 14 recreational use. 15 "Support of Community housing", shall include, but not be limited to, programs that provide 16 grants, loans, rental assistance, security deposits, interest-rate write downs or other forms of 17 assistance directly to qualified individuals and families or to housing for the purpose of making 18 housing affordable to low or moderate income individuals and families. 19 SECTION 2. Section 3 of said Chapter 44B, as appearing in the 2004 Official Edition is 20 hereby amended by adding after paragraph (b)the following new paragraph:- 21 (b 1/2) As an alternative to subsection (b) of section 3, the legislative body may vote to 22 accept sections 3 to 7, inclusive, by approving a surcharge on real property of not less than I per 23 cent of the real estate tax levy against real property, and making an additional commitment of 24 funds by dedicating revenue not greater than 2 per cent of the real estate tax levy against real 25 property, provided that additional funds so committed shall come from another source or sources 26 of municipal revenue, including but not limited to hotel/motel excise taxes pursuant to chapter 27 64G of the general laws, linkage fee and inclusionary zoning payments, however authorized, the 28 sale of municipal property pursuant to section 3 of chapter 40 of the general laws, parking fines 29 and surcharges pursuant to sections 20, 20A, and 20AI/2 of chapter 90 of the general laws, 30 existing dedicated housing, open space and historic preservation funds, however authorized, and 31 provided further that additional funds so committed shall not include any federal funds or funds 32 from private sources, provided that inclusionary zoning payments and linkage fees shall be 33 considered public funds for the purposes of this chapter. The total funds committed to the 34 Community Preservation Act under this subsection shall not exceed 3%of the real estate tax levy 35 against real property, less exemptions adopted. 36 In the event that the municipality shall no longer dedicate all or part of the additional funds 37 to community preservation, the surcharge of not less than I per cent shall remain in effect, but 38 may be reduced pursuant to section 16. 39 SECTION 3:Section 3 of said chapter 44B is hereby amended by inserting after paragraph e 40 (3)the following new paragraph:- 41 (4) for $100,000 of the value of each taxable parcel of class three, commercial, and class 42 four, industrial, property as defined in section 2A of said chapter 59. 43 SECTION 4. Section 5 of the Chapter 4413, as most recently amended by Chapter 289 of the 44 Acts of 2006 is hereby amended by striking paragraph (b)(2) in its entirety and inserting in place 45 thereof the following:- 46 (2) The community preservation committee shall make recommendations periodically 47 throughout the year, or as a single yearly recommendation to the legislative body for the 48 acquisition, creation and preservation of open space; for the acquisition, preservation, 49 rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, 50 rehabilitation and restoration of land for recreational use; for the acquisition, creation, 51 preservation and support of community housing; and for the rehabilitation or restoration of open 52 space and community housing that is acquired or created as provided in this section. With respect 53 to community housing, the community preservation committee shall recommend, wherever 54 possible, the reuse of existing buildings or construction of new buildings on previously 55 developed sites. With respect to recreational use, the acquisition.of artificial turf for athletic 56 fields shall be prohibited. 57 SECTION 5. Said Section 5 is further amended by striking paragraph (d) and inserting in 58 place thereof the following:- 59 (d) After receiving such recommendations from the community preservation committee, the 60 legislative body shall then take such action and approve such appropriations from the 61 Community Preservation Fund as set forth in section 7, and such additional non CPA 62 appropriations as it deems appropriate to carry out the recommendations of the community 63 preservation committee. In the case of a city, the ordinance shall provide for the mechanisms 64 under which the legislative body may approve and veto appropriations made pursuant to this 65 chapter, in accordance with the city charter. 66 SECTION 6. Section 6 of Chapter 44B is hereby amended by striking it in its entirety and 67 inserting in place thereof the following:- 68 Section 6. In every fiscal year and upon the recommendation of the community preservation 69 committee, the legislative body shall spend, or set aside for later spending, not less than 10 per 70 cent of the annual revenues in the Community Preservation Fund for open space,not less than 10 71 per cent of the annual revenues for historic resources and not less than 10 per cent of the annual 72 revenues for community housing. In each fiscal year, the legislative body shall make such 73 appropriations from the Community Preservation Fund as it deems necessary for the 74 administrative and operating expenses of the community preservation committee, but the 75 appropriations shall not exceed 5 per cent of the annual revenues in the Community Preservation 76 Fund, The legislative body may also make such appropriations from the Community 77 Preservation Fund as it deems necessary for direct costs associated with a municipality's first 78 year implementation, including but not limited to tax billing software or hiring outside vendors, 79 provided that the total of any administrative and operating expense of the Community 80 Preservation Committee and the first year implementation expenses do not exceed five per cent 81 of the annual revenues in the Community Preservation Fund. 82 Funds that are set aside shall be held in the Community Preservation Fund and spent in that 83 year or later years, but funds set aside for a specific purpose shall be spent only for the specific 84 purpose. Any funds set aside may be expended in any city or town in the commonwealth. The 85 community preservation funds shall not replace existing operating funds, only augment them. 86 SECTION 7. The second paragraph of Section 7 of Chapter 44B is amended by striking the 87 first sentence and inserting in place thereof the following- 88 The following monies shall be deposited in the fund: (a) all funds collected from the real 89 property surcharge or bond proceeds in anticipation of revenue pursuant to sections 4 and 11; (b) 90 if applicable, additional funds appropriated or dedicated from allowable municipal sources 91 pursuant to subsection (b '/2) of section 3; (c) all funds received from the commonwealth or any 92 other source for such purposes; and (d) proceeds from the disposal of real property acquired with 93 funds from the Community Preservation Fund. 94 SECTION 8. Section 8 of Chapter 44B is hereby amended by striking it in its entirety and 95 inserting in place thereof the following:- 96 Section 8. (a) The fees of the registers of deeds, except as otherwise provided, to be paid when 97 the instrument is left for recording, filing or deposit shall be subject to a surcharge of$20. The 98 fees for so recording, filing or depositing a municipal lien certificate shall be subject to a 99 surcharge of$10. The surcharges shall be imposed for the purposes of community preservation. 100 No surcharge shall apply to a declaration of homestead under chapter 188 or to the filing of a 101 third mortgage or fourth mortgage extended by any public agency or quasi public agency, 102 including but not limited to a Commonwealth municipality or the Massachusetts Housing 103 Partnership. No surcharge shall apply to the fees charged for additional pages, photostatic copies, 104 abstract cards, additional square feet for the filing and recording of plans or for additional or 105 required marginal references. 106 (b)The fees of the assistant recorder, except as otherwise provided, to be paid when the 107 instrument is left for registering, filing or entering with respect to registered land shall be subject 108 to a surcharge of$20. The fees for so registering, filing or entering a municipal lien certificate 109 shall be subject to a surcharge of$10. The surcharges shall be imposed for the purposes of 110 community preservation. No surcharge shall apply to a declaration of homestead of chapter 188 III or to the filing of a third mortgage or fourth mortgage extended by any public agency, including 112 but not limited to a Commonwealth municipality or the Massachusetts Housing Partnership. No 113 surcharge shall apply to the fees charged for additional lots shown on plans, for indexing 114 instruments recorded while a petition for registering is pending, for additional certificates of 115 sewer assessments,for old age assistance liens, for duplicates and for photocopies. 116 (c)Notwithstanding subsections (a) and (b)of section 8, in the event that the Massachusetts 117 Community Preservation Trust Fund balance is insufficient to support a 75% first round match 118 distribution pursuant to section 10 for all cities and towns that have accepted sections 3 to 7 119 inclusive, as certified by the commissioner of revenue on October 1 st of each year, the fees of 120 the registry of deeds and fees of the assistant recorder to be paid when the instrument is left for 121 recording, filing or deposit and the fee for so recording, filing or depositing a municipal lien 122 certificate shall be subject to a surcharge to be determined by the commissioner of the 123 department of revenue necessary to support, by the commissioner's best reasonable estimate, a 124 75%first round match for the following fiscal year,with each fee rounded to the nearest dollar. 125 Under no circumstances shall each fee surcharge to be paid to the register of deeds or assistant 126 recorder when the instrument is left for recording, filing or deposit for community preservation 127 be greater than $70. Under no circumstances shall each fee surcharge paid to the register of 128 deeds or assistant recorder for so recording, filing or depositing a municipal lien certificate for 129 community preservation be greater than $40. 130 The surcharges shall be imposed for the purposes of community preservation. No community 131 preservation surcharges shall apply to a declaration of homestead under chapter 188 to the filing 132 of a third mortgage or fourth mortgage extended by any public agency, including but not limited 133 to a Commonwealth municipality or the Massachusetts Housing Partnership. No surcharge shall 134 apply to the fees charged for additional pages, photostatic copies, abstract cards, additional 135 square feet for the filing and recording of plans or for additional or required marginal references. 136 137 (d) Each fiscal year,the commissioner of the department of revenue shall certify the fees 138 pursuant to section 8. The commissioner of revenue shall notify the registers of deeds, the 139 assistant recorders,and the joint committee on revenue of the change at least ninety days prior to 140 the first day of the fiscal year. 141 (e)All surcharges on fees collected pursuant to this section shall be forwarded to the 142 Massachusetts Community Preservation Trust Fund, established in section 9. 143 SECTION 9. Paragraph (c) of Section 9 of said Chapter 44B is hereby amended by striking 144 said paragraph and inserting in place therefore the following:- 145 (c) The state treasurer shall make all disbursements and expenditures from the fund without 146 further appropriation,as directed by the commissioner of revenue in accordance with said section 147 10. The department of revenue shall report by source all amounts credited to said fund and all 148 expenditures from said fund. The commissioner of revenue shall assign personnel of the 149 department as it may need to administer and manage the fund disbursements and any expense 150 incurred by the department for such purposes and any expense incurred by the registers of deeds 151 and the assistant recorder to administer and collect the surcharges pursuant to section 8 shall be 152 deemed an operating and administrative expense of the program. The commissioner of revenue 153 shall annually on October 15th direct the state treasurer to disburse an amount not to exceed one- 154 half of one per cent of the annual total revenue received in the preceding fiscal year from a 155 register of deeds or an assistant recorder pursuant to the provisions of section 8 to such register 156 of deeds or assistant recorder to pay operating and administrative expenses of the program 157 certified to the commissioner by the register of deeds or assistant recorder and to disburse an 158 amount not to exceed 5 per cent of the annual total revenue received by the state treasurer in the 159 preceding fiscal year under the provisions of said section 8 to the department of revenue to pay 160 total operating and administrative expenses of the program. 161 SECTION 10. Section 10 of Chapter 44B is amended by striking it in its entirety and 162 inserting in place thereof the following:- 163 Section 10. (a) The commissioner of revenue shall annually on October 15 disburse monies 164 from the fund established in section 9 to cities and towns that have accepted sections 3 to 7, 165 inclusive, and notified the commissioner of their acceptance. The community shall notify the 166 commissioner of the date and terms on which the voters accepted said sections 3 to 7, inclusive. 167 The municipal tax collecting authority shall certify to the commissioner the amount the 168 municipality has raised through June 30 by imposing a surcharge on its real property levy and 169 shall certify the percentage of the surcharge applied. In the event a municipality accepts this act 170 pursuant to subsection (b 1/2) of section 3, the municipal tax collecting authority shall certify to 171 the commissioner by October 30th, the maximum additional funds the municipality intends to 172 transfer to the Community Preservation Fund from allowable municipal sources for the following 173 fiscal year. Once certified,the municipality may choose to transfer less than the certified amount 174 during the following fiscal year. 175 (b) The commissioner shall multiply the amount remaining in the fund after any 176 disbursements for operating and administrative expenses pursuant to section 9(c) by 80 per cent. 177 This amount distributed in the first round distribution shall be known as the match distribution. 178 The first round total shall be distributed to each city or town accepting said sections 3 to 7, 179 inclusive, in an amount not less than 75 per cent but not greater than 100 per cent of the total 180 amount raised by the additional surcharge on real property by each city or town and if applicable 181 the additional funds committed from allowable municipal sources,pursuant to subsection(b Y2)of 182 section 3. The percentage shall be the same for each city and town and shall be determined by 183 the commissioner annually in a manner that distributes the maximum amount available to each 184 participating city or town. 185 (c) The commissioner shall further divide the remaining 20 per cent of the fund in a second 186 round distribution, known as the equity distribution. The commissioner shall determine the 187 equity distribution in several steps. The first step shall be to divide the remaining 20 per cent of 188 the fund by the number of cities and towns that have accepted said sections 3 to 7, inclusive. This 189 dividend shall be known as the base figure for equity distribution. This base figure shall be 190 determined solely for purposes of performing the calculation for equity distribution and shall not 191 be added to the amount received by a participant. 192 (d) Each city and town in the commonwealth shall be assigned a community preservation 193 rank for purposes of the equity distribution. The commissioner shall determine each community's 194 rank by first determining the municipality's equalized property valuation per capita ranking, 195 ranking municipalities from highest to lowest valuation. The commissioner shall also determine 196 the population of each municipality and rank each from largest to smallest in population. The 197 commissioner shall add each equalized property valuation rank and population rank, and divide 198 the sum by two.The dividend is the community preservation raw score for that municipality. 199 (c) The commissioner shall then order each municipality by CP raw score, from the lowest 200 raw score to the highest raw score. This order shall be the CP rank for each municipality. If more 201 than one municipality has the same CP raw score, the municipality with the higher equalized 202 valuation rank shall receive the higher CP rank. 203 (f) After determining the CP rank for each municipality in the commonwealth, the 204 commissioner shall divide all municipalities into deciles according to their CP ranking, with 205 approximately the same number of municipalities in each decile, and with the municipalities with 206 the highest CP rank shall be placed in the lowest decile category, starting with decile 10. 207 Percentages shall be assigned to each decile as follows: 208 decile 1 140 per cent of the base figure 209 decile 2 130 per cent of the base figure 210 decile 3 120 per cent of the base figure 211 decile 4 110 per cent of the base figure 212 decile 5 100 per cent of the base figure 213 decile 6 90 per cent of the base figure 214 decile 7 80 per cent of the base figure 215 decile S 70 per cent of the base figure 216 decile 9 60 per cent of the base figure 217 decile 10 50 per cent of the base figure 218 After assigning each municipality to a decile according to their CP rank, the commissioner 219 shall multiply the percentage assigned to that dccile by the base figure to determine the second 220 round equity distribution for each participant. 221 (1) Notwithstanding any other provision of this section, the total state contribution for each 222 city or town shall not exceed the actual amount raised by the municipality's surcharge on its real 223 property levy, and if applicable, additional funds committed from allowable municipal sources 224 pursuant to subsection b(1/2)of section 3. 225 (g) When there are monies remaining in the trust fund after the first and second round 226 distributions, and any necessary administrative expenses have been paid in accordance with 227 section 9, the commissioner may conduct a third round surplus distribution. Any remaining 228 surplus in the fund may be distributed by dividing the amount of the surplus by the number of 229 cities and towns that have accepted this chapter. The resulting dividend shall be the surplus base 230 figure. The commissioner shall then use the decile categories and percentages as defined in this 231 section to determine a surplus equity distribution for each participant. 232 (h) The commissioner shall determine each participant's total state grant by adding the 233 amount received in the first round distribution with the amounts received in any later round or 234 rounds of distributions, with the exception of a city or town that has already received a grant 235 equal to 100 per cent of the amount the community raised by its surcharge, on its real property 236 levy. 237 (1) Only those cities and towns that adopt the maximum surcharge pursuant to subsection 238 (b) of section (3) and those cities and towns that adopt the maximum surcharge and additional 239 funds committed from allowable municipal sources such that the total funds are the equivalent of 240 3 per cent ofthe real estate tax levy against real property pursuant to subsection(b 1/2)of section 241 3 of this chapter shall be eligible to receive additional state monies through the equity and 242 surplus distributions. 243 (2) If less than 10 per cent of the cities and towns in the commonwealth have accepted 244 sections 3 to 7, inclusive, and imposed and collected a surcharge on their real property levy, the 245 commissioner may calculate the state grant with only one round of distributions, or in any other 246 equitable manner. 247 0) After distributing the trust fund in accordance with this section, the commissioner shall 248 keep any remaining funds in the trust for distribution in the following year, 249 SECTION 11. Section 12 of Chapter 448 is amended by striking it in its entirety and 250 inserting in place thereof the following:- 251 (a) A real property interest that is acquired with monies from the Community Preservation 252 Fund shall be bound by a pertnanent deed restriction that meets the requirements of chapter 194, 253 limiting the use of the interest to the purpose for which it was acquired.The deed restriction shall 254 run with the land and shall be enforceable by the city or town or the commonwealth. The deed 255 restriction may also run to the benefit of a nonprofit, charitable corporation or foundation 256 selected by the city or town with the right to enforce the restriction. In the event that there is a 257 deed restriction placed on any real property pursuant to this chapter, the legislative body is 258 authorized to appropriate monies from the Community Preservation Fund to pay a non-profit 259 organization created pursuant to Chapter 180 to hold, monitor and enforce the deed restriction on 260 said property. 261 (b) Real property interests acquired under this chapter shall be owned and managed by the 262 city or town, but the legislative body may delegate management of such property to the 263 conservation commission, the historical commission, the board of park commissioners or the 264 housing authority, or, in the case of interests to acquire sites for future wellhead development by 265 a water district, a water supply district or a fire district. The legislative body may also delegate 266 management of such property to a nonprofit organization created under chapter 180 or chapter 267 203,. The legislative body may also transfer ownership of such property acquired under this 268 chapter to a nonprofit organization created under chapter 180 or chapter 203, provided that in the 269 event of such a transfer, the municipality shall retain a permanent deed restriction pursuant to 270 Chapter 184 to maintain the property for the purpose it was authorized to be acquired for by the 271 legislative body. The legislative body may appropriate monies necessary to transfer ownership 272 of a property between two entities so long as a deed restriction is acquired and maintained by the 273 town or city. 274 SECTION 12. Section 16 of said Chapter 44B is hereby amended by striking paragraph (a) 275 and inserting in place thereof the following:- 276 (a) At any time after imposition of the surcharge, the legislative body may approve and the 277 voters may accept an amendment to the amount and computation of the surcharge, or to the 278 amount of exemption or exemptions, in the same manner and within the limitations set forth in 279 this chapter, including reducing the surcharge to I per cent and committing additional municipal 280 funds pursuant to subsection (b 1/2) of section 3. 281 SECTION 13. Notwithstanding any general or special law to the contrary, this Act shall 282 apply to all Community Preservation Fund appropriations approved by a city or town's 283 legislative body on or after the effective date of acceptance of the Community Preservation Act 284 in such city or town."