Section 3F. (1) The EACC may from time to time designate one or more projects as certified projects, and take any and all actions necessary or appropriate thereto, upon compliance with the following:
(a) receipt of a project proposal therefor requesting such designation from the controlling business;
(b) receipt of a written approval of said project proposal by the municipality which contains the project EOA, said municipality having found, based on the information submitted with said project proposal and such additional investigation as the municipality shall make, and incorporate in a formal written determination, that:
(i) the project proposal complies with the definition of a project proposal set forth in section three A;
(ii) the project as described in the proposal and all documentation submitted therewith:
(A) is consistent with and can reasonably be expected to benefit significantly from the municipality’s plans relative to the project EOA, as those plans are described in paragraph (2) of section three E; and
(B) together with all other projects previously certified and located in the same project EOA, will not overburden the municipality’s supporting resources, including but without limitation those set forth in clause (f) of said paragraph (2) of section three E;
(iii) the project proposal includes a workable plan, with precise goals and objectives, by which the controlling business proposes to realize the increased piece employment objectives advanced for the project in the proposal from among residents of the project ETA and, in so doing, to employ aggressive affirmative action goals, objectives and identification and recruitment techniques;
(iv) the project proposal contains documentation regarding an agreement, if any, between the controlling business and area banking institutions by which said controlling business agrees to establish one or more accounts in said banks and said banks agree to commit a specified percentage of the funds deposited in said accounts for loans made thereby to businesses located within the project EOA pursuant to the Massachusetts capital access program established pursuant to section fifty-seven of chapter twenty-three A; and
(v) the project as described in the proposal, together with the municipal resources committed thereto, will, if certified, have a reasonable chance of increasing employment opportunities for residents of the project ETA as advanced in said proposal and will thereby reduce conditions of blight, economic depression and widespread reliance on public assistance; and
(c) receipt with such written approval by the municipality of a request for a designation of the project as a certified project for a specified number of years, which shall be not less than five years nor more than: (i) twenty years or (ii) the number of years remaining on the duration of the designation of the project EOA, whichever is less; and
(d) the following findings are made by the EACC, based on the project proposal, documents submitted therewith, the municipality’s written approval decision, and such additional investigation as the EACC shall make, and incorporate in its minutes, that:
(i) the project proposal complies with the definition of a project proposal set forth in section three A, with all other applicable statutory requirements, and with such other criteria that EACC may prescribe from time to time; and
(ii) the project as described in the proposal, and as further described in the written determination of the municipality made pursuant to clause (b) will, if certified, have a reasonable chance of increasing employment opportunities for residents of the project ETA as advanced in said proposal and will thereby reduce conditions of blight, economic depression and widespread reliance on public assistance; and
(2) A certified project shall retain its certification for the period specified by the EACC in its certification decision; provided, however, that such specified period shall be not less than five years from the date of certification nor more than: (i) twenty years from such date; or (ii) the number of years remaining on the duration of designation of the project EOA, including any renewals thereof; or (iii) the number of years requested by the municipality approving the project proposal, whichever is less, unless such certification is revoked prior to the expiration of said specified period. The certification of a project may be revoked only by the EACC, only and upon (a) the petition of the municipality which approved the project proposal, which petition satisfies the authorization requirements for a municipal application, or the petition of the director of economic development; and (b) the independent investigation and determination of the EACC that representations made by the controlling business in its project proposal are materially at variance with the conduct of the controlling business subsequent to the certification and such variance is found to frustrate the public purposes which such certification was intended to advance; provided, however, that the EACC shall review such certified project at least once every two years; provided, further, that where the actual number of permanent full-time employees employed by the controlling business at the project from among residents of the project ETA is less than fifty percent of the number of such permanent full-time employees projected in the project proposal, then this shall be deemed a material variance for the purposes of a revocation determination. Any such revocation shall only be applied prospectively and shall not apply to, nor revoke any benefits due to the project which relate to years prior to the year in which the revocation determination is made, unless the EACC determines that the controlling business of said project made a material misrepresentation in its project proposal, in which case both the commonwealth and the municipality shall have causes of action against the controlling business for the value of any economic benefits received subsequent to the date on which such material misrepresentation was made. Annually, on or before the first Wednesday in December, the EACC shall file a report detailing its findings of the review of all certified projects that it evaluated in the prior fiscal year to the commissioner of revenue and to the joint committee on taxation and the joint committee on commerce and labor.
(3) The EACC shall evaluate and either grant or deny any project proposal within ninety days of its project proposal date and failure to do so by the EACC will result in approval of such project for a term of five years.
(4) The EACC may amend the boundaries of an ETA to address unique situations in which a commercial or industrial facility, which is the location for a prospective certified project candidate, is located within the boundaries of two or more municipalities, with at least one of the municipalities in an existing ETA. Under such circumstance, if all of the municipalities involved wish to certify the proposed project, the boundaries of the ETA may deviate from census tract boundaries to include the parcel or parcels occupied by said commercial or industrial facility. The EACC may consider such an application for amending the boundaries of an ETA; provided, however, that:
(a) inclusion of the facility and underlying parcels in the pre-existing contiguous ETA does not alter the eligibility of said ETA as determined pursuant to subclause (ii) of clause (a) of section three D;
(b) evidence that said commercial or industrial facility is physically located in two or more municipalities can be provided;
(c) the amended ETA application is jointly filed by the municipalities in which the facility and parcels are located, and the EACC approves said amended ETA application;
(d) an application for designation of an Economic Opportunity Area for the area including the facility and parcels are located is also submitted and approved by the EACC; and
(e) a certified project application will be submitted to the EACC within a reasonable period of time for the project proposing to occupy said facility and parcels.
Section 3F. (1) The EACC may from time to time designate one or more projects as certified projects, and take any and all actions necessary or appropriate thereto, upon compliance with the following:
(a) receipt of a project proposal therefor requesting such designation from the controlling business;
(b) receipt of a written approval of said project proposal by the municipality which contains the project EOA, said municipality having found, based on the information submitted with said project proposal and such additional investigation as the municipality shall make, and incorporate in a formal written determination, that:
(i) the project proposal complies with the definition of a project proposal set forth in section three A;
(ii) the project as described in the proposal and all documentation submitted therewith:
(A) is consistent with and can reasonably be expected to benefit significantly from the municipality’s plans relative to the project EOA, as those plans are described in paragraph (2) of section three E; and
(B) together with all other projects previously certified and located in the same project EOA, will not overburden the municipality’s supporting resources, including but without limitation those set forth in clause (f) of said paragraph (2) of section three E;
(iii) the project proposal includes a workable plan, with precise goals and objectives, by which the controlling business proposes to realize the increased piece employment objectives advanced for the project in the proposal from among residents of the project ETA and, in so doing, to employ aggressive affirmative action goals, objectives and identification and recruitment techniques;
(iv) the project proposal contains documentation regarding an agreement, if any, between the controlling business and area banking institutions by which said controlling business agrees to establish one or more accounts in said banks and said banks agree to commit a specified percentage of the funds deposited in said accounts for loans made thereby to businesses located within the project EOA pursuant to the Massachusetts capital access program established pursuant to section fifty-seven of chapter twenty-three A; and
(v) the project as described in the proposal, together with the municipal resources committed thereto, will, if certified, have a reasonable chance of increasing employment opportunities for residents of the project ETA as advanced in said proposal and will thereby reduce conditions of blight, economic depression and widespread reliance on public assistance; and
(c) receipt with such written approval by the municipality of a request for a designation of the project as a certified project for a specified number of years, which shall be not less than five years nor more than: (i) twenty years or (ii) the number of years remaining on the duration of the designation of the project EOA, whichever is less; and
(d) the following findings are made by the EACC, based on the project proposal, documents submitted therewith, the municipality’s written approval decision, and such additional investigation as the EACC shall make, and incorporate in its minutes, that:
(i) the project proposal complies with the definition of a project proposal set forth in section three A, with all other applicable statutory requirements, and with such other criteria that EACC may prescribe from time to time; and
(ii) the project as described in the proposal, and as further described in the written determination of the municipality made pursuant to clause (b) will, if certified, have a reasonable chance of increasing employment opportunities for residents of the project ETA as advanced in said proposal and will thereby reduce conditions of blight, economic depression and widespread reliance on public assistance; and
(2) A certified project shall retain its certification for the period specified by the EACC in its certification decision; provided, however, that such specified period shall be not less than five years from the date of certification nor more than: (i) twenty years from such date; or (ii) the number of years remaining on the duration of designation of the project EOA, including any renewals thereof; or (iii) the number of years requested by the municipality approving the project proposal, whichever is less, unless such certification is revoked prior to the expiration of said specified period. The certification of a project may be revoked only by the EACC, only and upon (a) the petition of the municipality which approved the project proposal, which petition satisfies the authorization requirements for a municipal application, or the petition of the director of economic development; and (b) the independent investigation and determination of the EACC that representations made by the controlling business in its project proposal are materially at variance with the conduct of the controlling business subsequent to the certification and such variance is found to frustrate the public purposes which such certification was intended to advance; provided, however, that the EACC shall review such certified project at least once every two years; provided, further, that where the actual number of permanent full-time employees employed by the controlling business at the project from among residents of the project ETA is less than fifty percent of the number of such permanent full-time employees projected in the project proposal, then this shall be deemed a material variance for the purposes of a revocation determination. Any such revocation shall only be applied prospectively and shall not apply to, nor revoke any benefits due to the project which relate to years prior to the year in which the revocation determination is made, unless the EACC determines that the controlling business of said project made a material misrepresentation in its project proposal, in which case both the commonwealth and the municipality shall have causes of action against the controlling business for the value of any economic benefits received subsequent to the date on which such material misrepresentation was made. Annually, on or before the first Wednesday in December, the EACC shall file a report detailing its findings of the review of all certified projects that it evaluated in the prior fiscal year to the commissioner of revenue and to the joint committee on taxation and the joint committee on commerce and labor.
(3) The EACC shall evaluate and either grant or deny any project proposal within ninety days of its project proposal date and failure to do so by the EACC will result in approval of such project for a term of five years.
(4) The EACC may amend the boundaries of an ETA to address unique situations in which a commercial or industrial facility, which is the location for a prospective certified project candidate, is located within the boundaries of two or more municipalities, with at least one of the municipalities in an existing ETA. Under such circumstance, if all of the municipalities involved wish to certify the proposed project, the boundaries of the ETA may deviate from census tract boundaries to include the parcel or parcels occupied by said commercial or industrial facility. The EACC may consider such an application for amending the boundaries of an ETA; provided, however, that:
(a) inclusion of the facility and underlying parcels in the pre-existing contiguous ETA does not alter the eligibility of said ETA as determined pursuant to subclause (ii) of clause (a) of section three D;
(b) evidence that said commercial or industrial facility is physically located in two or more municipalities can be provided;
(c) the amended ETA application is jointly filed by the municipalities in which the facility and parcels are located, and the EACC approves said amended ETA application;
(d) an application for designation of an Economic Opportunity Area for the area including the facility and parcels are located is also submitted and approved by the EACC; and
(e) a certified project application will be submitted to the EACC within a reasonable period of time for the project proposing to occupy said facility and parcels.
Section 3F. (1) The EACC may from time to time designate one or more projects as certified projects, and take any and all actions necessary or appropriate thereto, upon compliance with the following:
(a) receipt of a project proposal therefor requesting such designation from the controlling business;
(b) receipt of a written approval of said project proposal by the municipality which contains the project EOA, said municipality having found, based on the information submitted with said project proposal and such additional investigation as the municipality shall make, and incorporate in a formal written determination, that:
(i) the project proposal complies with the definition of a project proposal set forth in section three A;
(ii) the project as described in the proposal and all documentation submitted therewith:
(A) is consistent with and can reasonably be expected to benefit significantly from the municipality’s plans relative to the project EOA, as those plans are described in paragraph (2) of section three E; and
(B) together with all other projects previously certified and located in the same project EOA, will not overburden the municipality’s supporting resources, including but without limitation those set forth in clause (f) of said paragraph (2) of section three E;
(iii) the project proposal includes a workable plan, with precise goals and objectives, by which the controlling business proposes to realize the increased piece employment objectives advanced for the project in the proposal from among residents of the project ETA and, in so doing, to employ aggressive affirmative action goals, objectives and identification and recruitment techniques;
(iv) the project proposal contains documentation regarding an agreement, if any, between the controlling business and area banking institutions by which said controlling business agrees to establish one or more accounts in said banks and said banks agree to commit a specified percentage of the funds deposited in said accounts for loans made thereby to businesses located within the project EOA pursuant to the Massachusetts capital access program established pursuant to section fifty-seven of chapter twenty-three A; and
(v) the project as described in the proposal, together with the municipal resources committed thereto, will, if certified, have a reasonable chance of increasing employment opportunities for residents of the project ETA as advanced in said proposal and will thereby reduce conditions of blight, economic depression and widespread reliance on public assistance; and
(c) receipt with such written approval by the municipality of a request for a designation of the project as a certified project for a specified number of years, which shall be not less than five years nor more than: (i) twenty years or (ii) the number of years remaining on the duration of the designation of the project EOA, whichever is less; and
(d) the following findings are made by the EACC, based on the project proposal, documents submitted therewith, the municipality’s written approval decision, and such additional investigation as the EACC shall make, and incorporate in its minutes, that:
(i) the project proposal complies with the definition of a project proposal set forth in section three A, with all other applicable statutory requirements, and with such other criteria that EACC may prescribe from time to time; and
(ii) the project as described in the proposal, and as further described in the written determination of the municipality made pursuant to clause (b) will, if certified, have a reasonable chance of increasing employment opportunities for residents of the project ETA as advanced in said proposal and will thereby reduce conditions of blight, economic depression and widespread reliance on public assistance; and
(2) A certified project shall retain its certification for the period specified by the EACC in its certification decision; provided, however, that such specified period shall be not less than five years from the date of certification nor more than: (i) twenty years from such date; or (ii) the number of years remaining on the duration of designation of the project EOA, including any renewals thereof; or (iii) the number of years requested by the municipality approving the project proposal, whichever is less, unless such certification is revoked prior to the expiration of said specified period. The certification of a project may be revoked only by the EACC, only and upon (a) the petition of the municipality which approved the project proposal, which petition satisfies the authorization requirements for a municipal application, or the petition of the director of economic development; and (b) the independent investigation and determination of the EACC that representations made by the controlling business in its project proposal are materially at variance with the conduct of the controlling business subsequent to the certification and such variance is found to frustrate the public purposes which such certification was intended to advance; provided, however, that the EACC shall review such certified project at least once every two years; provided, further, that where the actual number of permanent full-time employees employed by the controlling business at the project from among residents of the project ETA is less than fifty percent of the number of such permanent full-time employees projected in the project proposal, then this shall be deemed a material variance for the purposes of a revocation determination. Any such revocation shall only be applied prospectively and shall not apply to, nor revoke any benefits due to the project which relate to years prior to the year in which the revocation determination is made, unless the EACC determines that the controlling business of said project made a material misrepresentation in its project proposal, in which case both the commonwealth and the municipality shall have causes of action against the controlling business for the value of any economic benefits received subsequent to the date on which such material misrepresentation was made. Annually, on or before the first Wednesday in December, the EACC shall file a report detailing its findings of the review of all certified projects that it evaluated in the prior fiscal year to the commissioner of revenue and to the joint committee on taxation and the joint committee on commerce and labor.
(3) The EACC shall evaluate and either grant or deny any project proposal within ninety days of its project proposal date and failure to do so by the EACC will result in approval of such project for a term of five years.
(4) The EACC may amend the boundaries of an ETA to address unique situations in which a commercial or industrial facility, which is the location for a prospective certified project candidate, is located within the boundaries of two or more municipalities, with at least one of the municipalities in an existing ETA. Under such circumstance, if all of the municipalities involved wish to certify the proposed project, the boundaries of the ETA may deviate from census tract boundaries to include the parcel or parcels occupied by said commercial or industrial facility. The EACC may consider such an application for amending the boundaries of an ETA; provided, however, that:
(a) inclusion of the facility and underlying parcels in the pre-existing contiguous ETA does not alter the eligibility of said ETA as determined pursuant to subclause (ii) of clause (a) of section three D;
(b) evidence that said commercial or industrial facility is physically located in two or more municipalities can be provided;
(c) the amended ETA application is jointly filed by the municipalities in which the facility and parcels are located, and the EACC approves said amended ETA application;
(d) an application for designation of an Economic Opportunity Area for the area including the facility and parcels are located is also submitted and approved by the EACC; and
(e) a certified project application will be submitted to the EACC within a reasonable period of time for the project proposing to occupy said facility and parcels.
