Mass. Gen. Laws ch. 40S, sec. 1 — MA Code / Part I / Title VII / Chapter 40S / Section 1
Definitions
Status: in_force

Section 1. As used in this chapter, the following words shall have the following meanings:— ''Additional chapter 70 aid'', for each municipality, an amount calculated by the department of education equal to the actual increase in chapter 70 aid payments, including, but not limited to, foundation aid increases and minimum aid increases, that is attributable to the number of each municipality's eligible students from the school district. In the case of a regional school district, the amount of additional chapter 70 aid in the region shall be apportioned among member communities proportionally based upon the number of eligible students from each member municipality. For any municipality with eligible students from more than 1 school district, additional chapter 70 aid shall be the sum of the additional chapter 70 aid at the municipal school district plus the municipality's share of additional chapter 70 aid at each district of which the municipality is a member. ''Average actual net school spending per student'', for each school district, the actual net school spending per pupil, as defined by and reported to the department of education, for the immediately preceding fiscal year. ''Division'', the division of local services within the department of revenue. ''Education percentage'', the average across all communities in the commonwealth of total education expenditures in relation to total municipal expenditures as certified at the end of the preceding fiscal year by the department of revenue. This percentage shall be the total actual net school spending of all districts as defined by the department of education divided by the sum of total General Fund municipal spending and regional school district aid. ''Eligible student'', a child living in a new smart growth development that is enrolled as of the prior year in a district or charter school in kindergarten through grade 12, attends a residential or other school pursuant to special education requirements, attends pre-kindergarten or post 12th grade sessions pursuant to special education requirements, or attends a school district through the so-called school choice program, established under section 12B of chapter 76, or a similar program. ''Local smart growth excise tax revenues'', for each municipality the total excise taxes for the subject year on vehicles garaged at a new smart growth development, as calculated by the division. ''Local smart growth property tax revenues'', for each municipality, the product of the local levy rate times the amount of assessed valuation due to new smart growth development as certified by the commissioner of revenue, as calculated by the division. ''Local smart growth revenues for education'', for each municipality, the product of the education percentage times the sum of local smart growth property tax revenues plus local smart growth excise tax revenues, each for the preceding fiscal year. ''New smart growth development'', any new residential or commercial development, including the substantial redevelopment of existing buildings, subject to the payment of local property taxes that: (a) occurs in a smart growth zoning district after the adoption of such zoning by the community, and (b) is permitted under the provisions of the smart growth zoning district. A redevelopment shall be considered substantial if its cost exceeds 50 per cent of the building's pre-renovation assessed value or if it constitutes a change in use from nonresidential to residential. ''Smart growth zoning district'', a zoning district adopted by a community and approved by the executive office of housing and livable communities which is eligible, and which remains eligible for density bonus payments under chapter 40R including without limitation smart growth zoning districts and starter home zoning districts as defined in section 1 of said chapter 40R. ''Total education cost for eligible students'', for each municipality, the product of the total number of eligible students in the prior fiscal year times the average actual net school spending per student as calculated by the department of education. This calculation shall first be made separately for each school district attended by eligible students, and the results of such calculations shall then be summed.

Section 1. As used in this chapter, the following words shall have the following meanings:—

''Additional chapter 70 aid'', for each municipality, an amount calculated by the department of education equal to the actual increase in chapter 70 aid payments, including, but not limited to, foundation aid increases and minimum aid increases, that is attributable to the number of each municipality's eligible students from the school district. In the case of a regional school district, the amount of additional chapter 70 aid in the region shall be apportioned among member communities proportionally based upon the number of eligible students from each member municipality. For any municipality with eligible students from more than 1 school district, additional chapter 70 aid shall be the sum of the additional chapter 70 aid at the municipal school district plus the municipality's share of additional chapter 70 aid at each district of which the municipality is a member.

''Average actual net school spending per student'', for each school district, the actual net school spending per pupil, as defined by and reported to the department of education, for the immediately preceding fiscal year.

''Division'', the division of local services within the department of revenue.

''Education percentage'', the average across all communities in the commonwealth of total education expenditures in relation to total municipal expenditures as certified at the end of the preceding fiscal year by the department of revenue. This percentage shall be the total actual net school spending of all districts as defined by the department of education divided by the sum of total General Fund municipal spending and regional school district aid.

''Eligible student'', a child living in a new smart growth development that is enrolled as of the prior year in a district or charter school in kindergarten through grade 12, attends a residential or other school pursuant to special education requirements, attends pre-kindergarten or post 12th grade sessions pursuant to special education requirements, or attends a school district through the so-called school choice program, established under section 12B of chapter 76, or a similar program.

''Local smart growth excise tax revenues'', for each municipality the total excise taxes for the subject year on vehicles garaged at a new smart growth development, as calculated by the division.

''Local smart growth property tax revenues'', for each municipality, the product of the local levy rate times the amount of assessed valuation due to new smart growth development as certified by the commissioner of revenue, as calculated by the division.

''Local smart growth revenues for education'', for each municipality, the product of the education percentage times the sum of local smart growth property tax revenues plus local smart growth excise tax revenues, each for the preceding fiscal year.

''New smart growth development'', any new residential or commercial development, including the substantial redevelopment of existing buildings, subject to the payment of local property taxes that: (a) occurs in a smart growth zoning district after the adoption of such zoning by the community, and (b) is permitted under the provisions of the smart growth zoning district. A redevelopment shall be considered substantial if its cost exceeds 50 per cent of the building's pre-renovation assessed value or if it constitutes a change in use from nonresidential to residential.

''Smart growth zoning district'', a zoning district adopted by a community and approved by the executive office of housing and livable communities which is eligible, and which remains eligible for density bonus payments under chapter 40R including without limitation smart growth zoning districts and starter home zoning districts as defined in section 1 of said chapter 40R.

''Total education cost for eligible students'', for each municipality, the product of the total number of eligible students in the prior fiscal year times the average actual net school spending per student as calculated by the department of education. This calculation shall first be made separately for each school district attended by eligible students, and the results of such calculations shall then be summed.