Substitute Communities

(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: 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. 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. 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.