SENATE DOCKET, NO. 1727        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 210

The Commonwealth of Massachusetts

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PRESENTED BY:

Sal N. DiDomenico

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act creating construction relevance in the economic development incentive program.

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PETITION OF:

SENATE DOCKET, NO. 1727        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 210

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act creating construction relevance in the economic development incentive program.

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.  Chapter 23A of the General Laws, as appearing in the 2014 official edition, is hereby amended by striking section 3F(1)(b)(iii), and inserting in place thereof the following section:-

3F(1)(b)(iii) the project proposal includes a workable plan, with precise goals and objectives, by which the controlling business proposes to realize the increased employment objectives for the project and the business' plan to employ aggressive affirmative action goals, objectives and identification and recruitment techniques and, in the case of an expansion project, the plan for increased employment regarding both the permanent and construction jobs from residents of the expansion project ETA;

SECTION 2.  Said chapter 23A as so appearing, is hereby further amended by striking out Section 3F(1)(b)(v), and inserting in place thereof the following section:-

3F(1)(b)(v) the expansion, enhanced expansion or manufacturing retention and job growth project as described in the proposal, together with the municipal resources committed thereto, will, if certified, have a reasonable chance of increasing or retaining employment opportunities regarding both the permanent jobs and construction jobs for residents of the expansion project area, ETA or municipality as applicable, as advanced in said proposal;

SECTION 3.  Said chapter 23A as so appearing, is hereby further amended by striking out Section 3F(2)(b), and inserting in place thereof the following sections:-

3F(2)(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 that such certification was intended to advance; provided, that the EACC shall review the controlling business’s and its contractor’s compliance to the labor affirmation section of the preliminary EDIP application; provided, that the EACC shall review such certified project at least once every two years; provided, however, that for an expansion project where the actual number of permanent full-time employees employed by the controlling business at the project is less than 50 per cent 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. Upon such a revocation, the commonwealth, and the municipality, in the case of a certified expansion project, shall have causes of action against the controlling business for the value of any economic benefit received by the controlling business prior or subsequent to such revocation; and

3F(2)(c) During construction on EDIP and TIF funded projects, recipients of tax relief are responsible for notifying the EACC when they or one of their contractors or third parties violates one of the tenets in the labor affirmation section, including failing to provide workers compensation coverage as required by chapter 152, or serious wage and hour violations which may result in debarment from public works projects.   Contractors that violate the labor affirmation section on a TIF project that results in a state ordered stop-work-order shall be barred further participation on said project and shall be barred participation in EDIP projects for the duration of any state ordered public works debarment. Recipient of the TIF  is responsible to cease all contracts with contractors that violate the labor affirmation section or risk decertification. The failure to report a violation of the labor affirmation section or the continued use of a debarred contractor will result in a EACC decertification hearing for both TIF and EDIP Investment Tax Credits for the project.

SECTION 4.  Said chapter 23A as so appearing, is hereby further amended by striking out Section 3F(5)(a)(ii), and inserting in place thereof the following section:-

3F(5)(a)(ii) the degree to which the project is expected to increase employment opportunities for residents regarding the permanent and construction jobs of the project ETA and of the commonwealth;

SECTION 5.  Said chapter 23A as so appearing, is hereby further amended by striking out Section 3F(5)(b)(ii), and inserting in place thereof the following section:-

3F(5)(b)(ii) the degree to which the project is expected to increase employment opportunities for residents regarding both the permanent and construction jobs of the project ETA and of the commonwealth;

SECTION 6.  Said chapter 23A as so appearing, is hereby further amended by striking out Section 3F(5)(c)(ii), and inserting in place thereof the following section:-

3F(5)(c)(ii) the degree to which the project is expected to increase employment opportunities for residents regarding both the permanent and construction jobs.