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The 190th General Court of the Commonwealth of Massachusetts

Section 3C: Economic assistance coordinating council; powers and duties

[ Text of section effective until August 10, 2016. For text effective August 10, 2016, see below.]

  Section 3C. (1) The EACC shall administer the economic development incentive program and, in so doing, shall be empowered to exercise the following powers and duties:

  (a) promulgate rules and regulations and prescribe procedures to effectuate the purposes of sections three A to three H, inclusive;

  (b) review applications from municipalities for the designation of areas as economic target areas and economic opportunity areas and to make such designations;

  (c) certify projects for participation in the economic development incentive program and establish regulations for evaluating the proposals of said projects;

  (d) certify and approve tax increment financing agreements and special tax assessments pursuant to section 3F and clause (vii) of section 59 of chapter 40.

  (e) assist municipalities in obtaining state and federal resources and assistance for certified projects and other job creation and retention opportunities within the commonwealth;

  (f) provide appropriate coordination with other state programs, agencies, authorities and public instrumentalities to enable certified projects and other job creation and retention opportunities to be more effectively promoted by the commonwealth; and

  (g) monitor the implementation and operation of the economic development incentive program.

  (2) There shall be appointed within MOBD a director of economic assistance who shall be responsible for administering the recommendations of the EACC. The director of housing and community development shall designate a staff person who shall serve as a liaison to the EACC and who shall meet with the director of economic assistance on a regular basis.

  (3) The EACC shall annually submit to the governor, the senate and the house ways and means committees, and the joint committee on commerce and labor, within ninety days after the end of its fiscal year, a complete and detailed report setting forth its operations and accomplishments, including a listing of all projects certified under the EDIP.

  (4) Two years after the first meeting of the EACC, and every two years thereafter, the EACC shall prepare a report which evaluates the relative effectiveness of the EDIP, and shall make recommendations to the director of economic development as necessary or advisable to improve such effectiveness. Each such report shall be made available to the senate and house ways and means committees and to the joint committee on commerce and labor.

Chapter 23A: Section 3C. Project proposal to create permanent full-time employees within the commonwealth; certification

[ Text of section as recodified by 2016, 219, Sec. 7 effective August 10, 2016 for tax years beginning on or after January 1, 2017. See 2016, 219, Sec. 139. For text effective until August 10, 2016, see above.]

  Section 3C. (a) A controlling business may petition the EACC to certify a proposed project that will create new permanent full-time employees within the commonwealth. Each proposed project submitted by a controlling business to the EACC for review and certification shall include: (i) a detailed description of the proposed project; (ii) a representation by the controlling business regarding the amount of capital investment to be made, the number of new jobs to be created and the number of existing jobs to be retained; (iii) a representation by the controlling business regarding any other economic benefits or other public benefits expected to result from the construction of the proposed project; (iv) a municipal project endorsement; and (vi) any other information that the EACC shall require by regulation, policy or guidance.

  (b) Upon receipt of a completed project proposal and municipal project endorsement, the EACC may certify the proposed project, deny certification of the proposed project or certify the proposed project with conditions. In order to certify a proposed project, with or without conditions, the EACC shall make the following required findings based on the project proposal, the municipal project endorsement and any additional investigation that the EACC shall make and incorporate in its minutes: (i) the proposed project is located or will be located within the commonwealth;

  (ii)(A) if the controlling business has at least 1 existing facility in the commonwealth, then the proposed project shall be an expansion of an existing facility and not merely the replacement of an existing facility except in the case of a proposed project that will enable a controlling business to retain jobs in a gateway city as provided in subclause (2) of clause (B) ; or (B) the proposed project will either: (1) enable the controlling business to hire new permanent full-time employees in the commonwealth; or (2) enable the controlling business to retain at least 50 permanent full-time jobs at a facility located in a gateway city or in an adjacent city or town that is accessible by public transportation to residents of a gateway city and such jobs otherwise would be relocated outside of the commonwealth; (iii) the controlling business has committed to maintaining new and retained jobs for a period of at least 5 years after the completion of the proposed project; (iv) the proposed project appears to be economically feasible and the controlling business has the financial and other means to undertake and complete the proposed project; (v) unless the proposed project will be located in a gateway municipality, a duly authorized representative of the controlling business has certified to the EACC that the controlling business would not have undertaken the proposed project but for the EDIP tax credits and local tax incentives available to it pursuant to this chapter; and (vi) the proposed project complies with all applicable statutory requirements and with any other criteria that the EACC may prescribe by regulation, policy or guidance.

  The EACC shall, by regulation, policy or guidance, provide for the contents of an application for project certification which may include a requirement that the controlling business provide written evidence to support the certification provided for in clause (v).

  (c) 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 5 years or more than 20 years from the date of certification.