ACT 69 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
ACT 69	VT	2018	D	Affordable housing incentives and financing, Density Increases, Environmental review, Pro-Housing Designation, Tax Incentives, Tax Increment Financing

Provided by Furman

Summary

Updates definition of affordable housing, priority housing projects and mixed-income housing (duration of affordability for affordable units must be at least 15 years; formerly required at least 20).

Amends Act 250 (Vermont’s Land Use and Conservation law) which stipulates state-level permit and review requirement for housing projects with 10 or more units, exempting certain ‘priority housing projects’. This bill clarifies that exemption applies to certain projects in municipalities with a population of 10, 000 or more. Further, it states that “[n]o permit or permit amendment is required for a priority housing project in a designated center other than a downtown development district if the project remains below any applicable jurisdictional threshold specified in subdivision 6001(3)(a)(iv)(i) of this title and will comply with all conditions of any existing permit or permit amendment issued under this chapter that applies to the tract or tracts on which the project will be located.”

Explains that the Department of Housing and Community Development shall, “in conjunction with the Vermont Housing Finance Agency, annually publish data and information to enable the public to determine income levels and costs for owner-occupied and rental housing to qualify as affordable housing.”

Provides additional types of persons authorized to administer certain federal funds. Grants the Vermont State Housing Authority “all the powers necessary or convenient for the administration of federal monies.”

Amends law to require that, to approve utilization of incremental revenues for infrastructure under the state “tax increment financing districts” program, the Vermont Economic Progress Council shall conduct a review of the proposed infrastructure improvements, taking into account inter alia how the proposed developments would differ in terms of the number of units of affordable housing if not granted increment financing. Amends definition of “affordable housing” and includes rehabilitated affordable housing in § 5404a(h)(4)(B), one of the available criteria to qualify the project for increment financing.

Provided by lawmakers