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 3F of chapter 23A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following paragraph:-

(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.