Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 498 of the acts of 1993 is hereby amended by adding the following sentence:- It is also the purpose of this act to provide an interim governmental structure for Devens which will assume specified local authority and duties, in recognition of the state and local partnership necessary for the successful redevelopment of Devens, and the duty of the commonwealth in this regard to consider local and regional interests.

SECTION 2. Section 9 of said chapter 498 is hereby amended by striking out clause (1) and inserting in place thereof the following clause:- (1) the board of selectmen of each of the towns shall, within thirty days of the approval by the towns of the reuse plan and by-laws, nominate two candidates for commissioner whom the governor shall, in each case and in his sole discretion, appoint or reject within thirty days of his receipt of the nominations, and, for any rejected nominee, the board of selectmen of the town whose nominee was rejected shall nominate successive candidates for commissioner and the governor shall appoint or reject such successive candidates within thirty days of his receipt of their nominations.

SECTION 3. Said section 9 of said chapter 498 is hereby further amended by striking out the seventh sentence and inserting in place thereof the following sentence:- No elected official of the federal government, the commonwealth or any political subdivision of the commonwealth, or employee or agent of, or contractor to the bank or the commission may serve hereunder as commissioner.

SECTION 4. The last sentence of said section 9 of said chapter 498 is hereby amended by adding the following words:- ; provided, however, that only an associate member nominated by the board of selectmen of a town may assume the position of a commissioner appointed by the board of selectmen of that town.

SECTION 5. Section 10 of said chapter 498 is hereby amended by striking out the first and second sentences and inserting in place thereof the following two sentences:- The bank and the town shall prepare a reuse plan and associated by-laws for Devens as provided for in this section, hereinafter referred to as the reuse plan and by-laws. The purpose of the reuse plan and by-laws will be to establish objectives, policies, requirements and standards to guide public and private decision-making and investment and to ensure the maintenance of quality of life and the protection of natural resources.

SECTION 6. Said section 10 of said chapter 498 is hereby further amended by striking out clause (i) and inserting in place thereof the following clause:- (i) the allocation of land that is expected to be developed primarily by private parties into zones or districts for industrial, commercial, residential and other basic uses, for the height, area and land coverage of development within such zones or districts and the types or range of uses that will be permitted or prohibited within such zones or districts.

SECTION 7. The second paragraph of said section 10 of said chapter 498 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- To provide a mechanism for amending and modifying the reuse plan and by-laws after final approval, as set forth herein, the reuse plan and by-laws shall contain criteria for determining which amendments or modifications constitute substantial revisions to the approved reuse plan and by-laws.

SECTION 8. Said section 10 of said chapter 498 is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

Within thirty days of the last public hearing on the proposed reuse plan and by-laws held by the bank and the towns, the bank shall submit copies of the reuse plan and by-laws to the governor, the secretary, the clerk of the house and the clerk of the senate, the legislative representatives from the house and senate of the Devens region.

SECTION 9. The sixth paragraph of said section 10 of said chapter 498 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Revisions to the reuse plan and by-laws not considered substantial pursuant to the provisions contained in the reuse plan and by-laws shall be effective upon approval thereof by the commission.

SECTION 10. Section 11 of said chapter 498 is hereby amended by striking out paragraphs (1) and (2) and inserting in place thereof the following two paragraphs:-

(1) The commission shall after notice and public hearing, develop and adopt, by a two-thirds majority of the commissioners, a comprehensive set of regulations for the Devens Regional Enterprise Zone, which set of regulations shall be collectively identified as the Devens regulations, hereinafter referred to as the regulations. The regulations shall, in conjunction with the reuse plan and by-laws, carry out the purposes and intent of the General Laws relating to zoning, subdivision control, historic commission and conservation commission regulatory powers, and shall be promulgated pursuant to chapter thirty A of the General Laws. The reuse plan and by-laws and regulations shall constitute the principal means of controlling the land development activities within Devens, and either or both of the by-laws and the regulations may contain duties of the commission to be undertaken in the exercise of the powers granted in section ten and this section. The regulations shall be promulgated no later than eighteen months after the passage of this act. Revisions to the regulations shall be approved and promulgated in the same manner as the regulations.

(2) The commission shall administer and enforce the reuse plan and by-laws and regulations and in so doing may exercise the powers of a special permit granting authority and of a planning board for the purposes of regulating land use under chapter forty A of the General Laws and subdivision control under chapter forty-one of the General Laws, sections eighty-one K to eighty-one GG, inclusive. The commission shall also have all the powers and authority conferred upon planning boards by chapter forty-one of the General Laws, sections eighty-one A to eighty-one J, inclusive. The commission shall have all the powers and authority conferred upon conservation commissions for the purposes of enforcing the provisions of chapter one hundred and thirty-one of the General Laws, sections forty and forty A, provided, however, that the commission shall administer its powers relating to the protection of wetlands in accordance with regulations issued by the department of environmental protection for the implementation of the Wetlands Protection Act; provided, further, that any appeal of an order of conditions issued by the commission shall be made to said department. The commission shall also have all the powers and authority conferred upon boards of health by chapter one hundred and eleven of the General Laws, sections twenty-six to thirty-two, inclusive. The commission shall also have all the powers and authority conferred upon zoning boards of appeals by chapter forty A of the General Laws, sections twelve to seventeen. The commission shall also have all the powers and authority conferred upon historic district commissions and towns by chapter forty C of the General Laws.

SECTION 11. Subsection (3) of said section 11 of said chapter 498 is hereby amended by striking out the first sentence and inserting in place thereof the following four sentences:- Any person aggrieved by a determination or approval of the commission, whether or not previously a party to the proceeding, or any municipal officer or board, may appeal to the superior court by bringing an action within twenty days after the commission has filed its decision in each of the three towns' clerk's offices. Said twenty-day period shall commence only after all such recordings have been completed. The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds that said determination is unsupported by substantial evidence or exceeds the authority of the commission, or it may remand the case for further action by the commission or may make such other decree as is just and equitable. All issues in any proceeding under this subsection shall have precedence over all other actions and proceedings.

SECTION 12. Said section 11 of said chapter 498 is hereby further amended by striking out subsection (4) and inserting in place thereof the following subsection:-

(4) In addition to its land use regulatory and permitting powers as set forth herein, and except as otherwise reserved to the towns herein, the commission shall adopt regulations within twenty-four months after the effective date of this act, and thereafter as deemed necessary by the commission, relating to any other permitting or licensing powers granted in the General Laws to municipalities in the commonwealth, provided that such regulations shall be consistent with the reuse plan and by-laws and shall be prepared and, following notice and public hearing, adopted in accordance with the provisions of chapter thirty A of the General Laws.

SECTION 13. Subsection (5) of said section 11 of said chapter 498 is hereby amended by striking out clause (e) and inserting in place thereof the following clause:-

(e) exercise the power of eminent domain within Devens as provided in chapters seventy-nine, seventy-nine A, eighty and eighty A of the General Laws, consistent with the reuse plan and by-laws, and with the approval of the bank.

SECTION 14. Said subsection (5) of said section 11 of said chapter 498 is hereby further amended by striking out clause (j) and inserting in place thereof the following clause:-

(j) employ a land use administrator to assist in the administration of the by-laws and regulations, and delegate certain powers to said land use administrator to administer and enforce the by-laws and regulations, as may be provided in the by-laws, or if not so provided, by vote of seven members of the commission.

SECTION 15. Said subsection (5) of said section 11 of said chapter 498 is hereby further amended by striking out clause (k) and inserting in place thereof the following clause:-

(k) enforce the reuse plan and by-laws, the regulations and all other by-laws and regulations authorized under this section.

SECTION 16. Said subsection (5) of said section 11 of said chapter 498 is hereby further amended by striking out clause (p) and inserting in place thereof the following clause:-

(p) following notice and public hearing, discontinue any street, public way or public use of a private way consistent with the reuse plan and by-laws and with the approval of the bank.

SECTION 17. The third paragraph of section 12 of said chapter 498 is hereby amended by striking out clause (i) and inserting in place thereof the following clause:-

(i) investigate, engineer, lay out, accept and construct any public or private way consistent with the reuse plan, by-laws and regulations.

SECTION 18. Said third paragraph of said section 12 of said chapter 498 is hereby further amended by striking out clause (o) and inserting in place thereof the following clause:-

(o) exercise the power of eminent domain within Devens, as provided in chapters seventy-nine, seventy-nine A, eighty and eighty A of the General Laws, consistent with the reuse plan and by-laws and with the approval of the commission.

SECTION 19. Paragraph (2) of section 15 of said chapter 498 is hereby amended by inserting after the word "agency", in line 1, the following words:- profit or not for profit organization or corporation.

SECTION 20. Section 21 of said chapter 498 is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The towns shall not be entitled to assess any fees or taxes on property, persons or businesses located in Devens, except for fees assessed by town clerks for licenses or permits issued pursuant to clause (g) of subsection (5) of section eleven of this act.

SECTION 21. Said chapter 498 is hereby further amended by striking out section 22 and inserting in place thereof the following section:-

Section 22. Public health and safety and inspection services. The commission shall have the right to establish a department or contract for services for inspections relating to public health, public safety and inspection services, or may designate the division of inspection in the department of public safety or the department of public health to provide said services. The commission shall review and grant permits and other licenses, including building and occupancy permits, and conduct inspections and enforce such permits and licenses, in accordance with the requirements of the General Laws and state regulations pertaining to the construction, development and maintenance of buildings and property, including, but not limited to, the state building code, the wire code, plumbing and gas code, the fire code and elevator operations. The commission shall also review and grant permits and other licenses and conduct inspections and enforce the state sanitary code and laws and regulations related to the protection of the public health at Devens, to the same extent as undertaken by local boards of health pursuant to the General Laws. The commission shall establish reasonable fees for such permits and licenses, based upon the costs expended in the review, issuance and enforcement of such permits and licenses. The commission may, as may be provided in the by-laws, or if not so provided, by a vote of seven members of the commission, delegate certain powers to commission staff or contractors, including the land use administrator, to issue, administer and enforce said codes, laws, regulations, licenses and permits.

SECTION 22. Section 23 of said chapter 498 is hereby amended by inserting before the first sentence the following three sentences:- On or before July first, two thousand and thirty, the commission, the boards of selectmen of the towns, with the advice of the planning boards, and the bank shall initiate a study, hereinafter called the study, concerning permanent government structure for the ongoing operation and administration of Devens. The study shall evaluate alternative structures for government, ownership and operation of open space, recreation, and other lands and facilities, infrastructure, easements, equipment and records, with such alternative structures including, but not limited to, town government and joint entities or combinations thereof, or the bank and the commission, and shall identify transition costs and further investments needed. During the preparation of the study, public participation shall be encouraged and public hearings held.

SECTION 23. The first sentence of said section 23 of said chapter 498 is hereby amended by inserting after the word "submit", in line 2, the following words:- the study and.

SECTION 24. Said chapter 498 is hereby further amended by striking out section 26 and inserting in place thereof the following section:-

Section 26. (1) Upon approval of the reuse plan and by-laws by the towns, pursuant to section ten, and notwithstanding any general or special law to the contrary, the bank shall be the public agency responsible for ensuring that persons residing at Devens will receive the same educational benefits and opportunities to which other persons in the commonwealth are entitled under the General Laws.

(2) The bank shall initially discharge the responsibilities set forth in this section by entering into a contract or contracts with the school committee or committees, following a public hearing, of one or more of the towns, or of any other municipality or district within the commonwealth, to provide to persons residing at Devens all of the educational and education-related services to which such persons would be entitled if they resided in the school district which the contracted school committee serves; which school district shall, for the term of the contract, serve as their district of residence for purposes of all general and special laws related to public education.

(3) The bank shall be responsible for the actual costs incurred by the contracted school committee in providing educational and education-related services to the residents of Devens during the term of the contract, the determination of these costs and the terms for payment of these amounts to be set forth in the contract.

(4) The initial contract or contracts shall be executed on or before July first, nineteen hundred and ninety-five, shall be for a term of not fewer than five years, and shall be subject to review and approval by the commissioner of education to ensure compliance with all state and federal public education laws.

(5) At least one year prior to expiration of the initial contract or contracts, the bank shall either enter into an agreement to renew the contract or contracts, contract with one or more other school committees following public hearings to assume the bank's responsibilities to provide all educational and education-related services to which persons residing at Devens are legally entitled, or, subject to the approval of the commissioner of education, begin undertaking the necessary preparations to form a regional school district with one or more of the towns or nearby municipalities or to operate its own school system.

(6) For purposes of providing advice and consultation to the bank regarding educational and education-related issues and concerns pertaining to persons who reside at Devens, there is hereby established a Devens educational advisory committee comprised of one representative each from the school committees of each of the towns and four persons residing within Devens, said residents to be elected biannually at an open public meeting of Devens residents, at least two of whom shall be parents of school age children. Said advisory committee shall meet at least quarterly with the board of directors of the bank for the purpose of reviewing educational issues and concerns of persons residing at Devens, and advising the bank on matters related to its contract or contracts for the provision of educational and education-related services to persons residing at Devens.

(7) In the event that the reuse plan and by-laws are not approved and the bank exercises its right to abandon its activities related to the operations, maintenance, and redevelopment of Devens, pursuant to section ten, the obligations of the bank under this section shall be given no further force and effect, in which event the education of persons residing within the area designated as Devens shall remain the responsibility of the towns in which such persons reside.

(8) In the event that the reuse plan and by-laws are approved, but the bank is unable, after diligent efforts, to contract with one or more school committees to provide educational and education-related services to the persons residing at Devens or to establish its own school system, the bank shall promptly so notify the towns, and it shall be the responsibility of each town in which such persons actually reside to provide those services to its residents. The bank, however, shall remain financially responsible for the education of persons residing at Devens, and each town may assess the bank on a semi-annual basis, and the bank shall pay to the towns, the actual cost of providing such services, which costs shall include but not be limited to transportation, capital expenses, bond payments, operating and maintenance of facilities, personnel benefits, special education and related services, and general administration, on a direct or pro rata basis as deemed appropriate by agreement of the school committee of each town and the bank.

SECTION 25. The fifth paragraph of section 7A of chapter 212 of the acts of 1975, as amended by section 63 of chapter 287 of the acts of 1989, is hereby further amended by inserting after the word "for", in line 12, the following words:- institutional, governmental,- and by inserting after the word "unemployment", in line 13, the following words:- or will stimulate economic development.