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Bill > H3382


MA H3382

MA H3382
Creating a state appeal board for the purposes of serving those small business owners who feel the Board of Health or Building Department have treated them unfairly on a local level


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to authorize a board of appeal for small business owners on denial of local permits. Community Development and Small Businesses.

AI Summary

This bill establishes a state-level Board of Appeal for Small Business Owners to provide a recourse for small business owners who believe they have been unfairly treated by local authorities when seeking permits. A "local permit" is defined as any permit issued by a "local permit authority," which includes entities like boards of health, building departments, or historic district commissions. The bill defines a "small business" as one that is independently owned, has its principal place of business in the state, and meets federal small business criteria. The new board will be housed within the Department of Housing and Economic Development and composed of the Secretaries of Housing and Economic Development and Public Safety, and the Commissioner of Public Health, or their designated representatives, with the Secretary of Housing and Economic Development serving as chair. This board will have the power to review decisions where a local permit application has been unreasonably denied or granted with conditions that make operation uneconomic for the small business. If the board finds in favor of the small business, it can overturn the local authority's decision and direct them to issue the permit or modify unreasonable conditions, with the possibility of enforcing its orders in court if the local authority fails to comply.

Committee Categories

Business and Industry

Sponsors (6)

Last Action

Accompanied a study order, see H4120 (on 03/24/2016)

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