(1)
Application Submission. Substitute Communities may
submit applications starting on the effective date of
225 CMR
24.00.
(a) The
Department will not review applications from Substitute Communities until:
1. Receipt of a Letter of Withdrawal from one
or more Prioritized Communities forfeiting their prioritized status;
or
2. Default by a Prioritized
Community as established in
225
CMR 24.03(4).
(b) The Department will notify and
work with applicants to update applications if missing information or for which
clarifications are required.
(c)
Substitute Communities must meet all requirements set forth in
225
CMR 24.04 and
225
CMR 24.05 prior to submitting applications to
the Department.
(2)
Timeline of Review. Substitute Communities
applications will be considered if less than ten of the Prioritized Communities
participate in the Demonstration Project. The Department will not issue
approvals for any Substitute Communities before March 1, 2024.
(3)
Selection
Criteria. In addition to ensuring that Substitute Communities meet
the requirements set forth in
225
CMR 24.04 and
225
CMR 24.05, the Department will consider the
following factors when evaluating applications and selecting Substitute
Communities for participation up to a total of ten Participating Communities
and may consider such additional factors as the Department deems appropriate.
(a) Contribution to the overall Demonstration
Project, including diversity of Participating Communities which includes, but
is not limited to, gateway cities, environmental justice communities, diversity
of demographics, diversity of size, scale of building development, and type of
housing development;
(b) Ability to
meet Department reporting requirements and effectively monitor and ensure code
compliance and implementation;
(c)
Consistency of proposed by-law or ordinance to the model rule provided by the
Department;
(d) A preference for
cities and towns that meet the compliance guidelines implementing M.G.L. c.
40A, § 3A through an approved zoning ordinance or, in the case of a town
that must seek by-law approval from the Attorney General (AGO) pursuant to
M.G.L. c. 40, § 32, an AGO-approved by-law that provides for at least one
district of reasonable size in which multi-family housing is permitted as
right, or, if not applicable, a similar commitment to multi-family housing
production as determined by the Department, in consultation with the Executive
Office of Housing and Economic Development;
(e) Localized electric grid investments
needed to support the Demonstration Project as determined through consultation
between the Department and electric distribution companies;
(f) Demonstrated support from community
members and municipal leaders.
(4)
Selection. The
Department will issue a determination letter upon approval of any application
of a Substitute Community documenting its selection as a Participating
Community and the basis therefor. The Department will publish determination
letters on its website.
