Every city or town that adopts the Community Preservation Act(CPA) (MGL ch. 44B) and collects the surcharge on its real property levy will be eligible for a state CPA grant. The grant is designed to supplement the efforts of the city or town, with the percentage of the match based on the number of communities participating statewide. There is also an additional distribution according to an equitable formula that balances the disadvantages inherent in smaller or less affluent communities.

1. The "local legislative body" – either town meeting or city council – votes to adopt the Community Preservation Act.
2. The community determines the amount of the surcharge, up to 3%, that will be assessed on the real property tax levy. They also can choose to make certain exemptions to the surcharge.
3. The CPA is submitted to voters at the next regular municipal or state election as a ballot question. Citizens can place the CPA on the ballot through the initiative process. (see draft ballot language below)
4. Town meeting or city council appoints a Community Preservation Committee, according to guidelines set forth in the Act.
5. The Community Preservation Committee holds public hearings, studies the municipality’s needs and resources, consults local boards, and makes specific recommendations on CPA projects. Citizens can also make recommendations for CPA projects.
6. After receiving the CPC’s recommendations, town meeting or the city council authorize CPA spending. The municipality must spend at least 10% of its funds on open space and recreation, 10% on historic preservation, at least 10% on affordable housing, and no more than 5% on administration and operation of the program.
7. The city or town notifies the Department of Revenue that it has adopted the CPA, and certifies the percentage of the surcharge and the amount raised by the surcharge in the past fiscal year.
8. The state contributes to community preservation efforts by collecting a surcharge of $20 on all filings at the Registry of Deeds except municipal liens ($10 surcharge) and homestead declarations (exempt from surcharge) and a $20 surcharge on filings to register land with Land Court (judicial filings are excluded). This money is put in the Massachusetts CPA Trust Fund, administered by the Dept. of Revenue.
9. The Revenue Commissioner determines the annual distribution of state CPA money according to a formula in the Act. The formula divides the available CPA money into 2 pots. The first, consisting of 80% of the total pot, goes to participants in proportion to the amount that city or town raised through its own CPA surcharge. The second pot is 20% of the total pot; this pot is divided according to an equitable distribution formula to aid smaller or less affluent communities. Every participant receives some additional money from the equitable distribution. No city or town is eligible for a state match that is more than the revenue raised through the real property surcharge.
10. The community is eligible for the state grant every year it maintains its own CPA surcharge. This state contribution is permanent, not based on bonding or legislative appropriation.
11. Cities and towns can opt out of the CPA in 5 years and end the surcharge.
12. The CPA will go into effect three months after the bill is signed (bill signed on September 14, 2000). At that time, new fees will go into effect.

The Community Preservation Coalition has circulated this draft wording for a ballot initiative to support The Community Preservation Act. For more information contact Marcia Molay, The Coalition's Director, at 617-725-0597.

Shall [TOWN] accept sections 3 to 7, inclusive, of Chapter 44B of the General Laws, as approved by its legislative body (town meeting), a summary of which appears below?

Sections 3 to 7 of Chapter 44B of the General Laws of Massachusetts, also known as the Community Preservation Act, establish a dedicated funding source to acquire and preserve open space, parks and conservation land, protect public drinking water supplies, [SPECIFY AS APPLICABLE], and scenic areas, protect farm land and forests from future development, restore and preserve historic properties, and help meet local families' housing needs. In [TOWN], the Community Preservation Act will be funded by an additional excise of [xx%] on real property and by matching funds provided by the state. [OPTIONAL EXCLUSIONS: The additional excise will exclude low income housing, low and moderate income senior housing, and the first $100,000 of value of each parcel of residential real property. The elderly, disabled, veterans, surviving spouses of veterans, and any other taxpayer receiving an exemption of real property authorized by Chapter 59 of the General Laws shall be exempt from this act.] A Community Preservation Committee composed of local citizens will make recommendations on the use of the funds, and all expenditures will be subject to an annual audit.

(Prepared by the Community Preservation Coalition)