Budget Amendment ID: FY2013-S4-119

GOV 119

Massachusetts Historical Commission

Messrs. Donnelly and Rodrigues moved that the proposed new text be amended by inserting, after section 17,  the following sections: -

“SECTION 17A. Section 27C of chapter 9 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

As early as possible in the planning process of a project undertaken by a state body, or prior to a state body’s funding or licensing, in whole or in part, a private project, the state body undertaking, funding or licensing such project shall notify the commission of such project and the commission shall, within 30 days of receipt of such notice, determine whether such project will have any adverse effect, direct or indirect, on any property listed in the state register of historic places. If the commission does not make a determination within 30 days, the state body or the proponent may proceed with the project. Upon a determination of adverse effect,  the state agency and, in the case of a private project, the project proponent shall have 15 days to request the commission’s consultation to discuss ways to eliminate, minimize or mitigate the adverse effects; provided, however, that such property was included in the inventory of the historic assets of the commonwealth prior to the thirtieth day following the submission of an application for building, demolition, special permit or the submission of a plan under section 81O, 81P or 81S of chapter 41, or the application for the required state permits for the project.  Upon receiving a request for consultation, the commission shall have 90 days to consult with the state agency, project proponent and interested parties to develop recommendations to eliminate, minimize or mitigate adverse effects of the project.  At the end of this 90 day period, consultation shall be deemed to be concluded.  The state body undertaking the project or the private entity proposing the project shall adopt all prudent and feasible means to eliminate, minimize or mitigate the adverse effects, provided that the commission has issued written recommendations for elimination, minimization or mitigation of the adverse effects.  If the commission does not issue such recommendations in writing within 30 days from the date consultation has concluded, the state agency or project proponent may proceed with the project.  The commission’s review shall not be limited to the subject matter of the license, but shall extend to the entire project whether licensed or funded in whole or in part. The commission shall have the authority to promulgate rules and regulations necessary to implement this section. This section shall be interpreted and administered so as to eliminate, minimize or mitigate adverse effects to properties listed in the state register of historic places.

SECTION 17B. Said section 27C of said chapter 9, as so appearing, is hereby further amended by adding the following paragraph:-

A record related to any project that is subject to this section, except the inventory of archeological sites and specimens maintained under clause (1) of section 26A, including correspondence between the commission and any state agency or project proponent, shall be a public record as defined by section 7 of chapter 4.”.