Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 26 of chapter 9 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 7, the word "seven" and inserting in place thereof the word:- twelve.
SECTION 2. Said section 26 of said chapter 9, as so appearing, is hereby further amended by inserting after the word "Incorporated", in line 17, the words:- , one from a list of three nominees submitted by the Boston Society of Architects chapter of the American Institute of Architects, one from a list of three nominees submitted by the New England Chapter of the Society of Architectural Historians, one from a list of three nominees submitted by Old Sturbridge Village, one from a list of three nominees submitted by The Museum of Afro-American History and one from a list of three nominees submitted by the Home Builders Association of Massachusetts; and the secretary of the executive office of communities and development.
SECTION 3. Section 26B of said chapter 9, as so appearing, is hereby amended by inserting after the definition of "Field investigation" the following two definitions:-
"License", a permit determination, order or other action, including the issuance of a lease, license, permit, certificate, variance, approval, or other entitlement for use, granted to any person, firm, or corporation, including trusts, voluntary association or other forms of business organizations by a state body for a project but shall not include a general entitlement to a person to carry on a trade or profession or to operate mechanical equipment which does not depend upon the location of such trade or operation.
"Project", action, activity, program, construction, or land modification, including, but not limited to, a building or structure, either directly undertaken by a state body, or which, if undertaken by a private person, in whole or in part seeks the provision of financial assistance by a state body or, in whole or in part requires the issuance of a license by a state body.
SECTION 4. Said section 26B of said chapter 9, as so appearing, is hereby further amended by adding the following definition:-
"State body", any agency, executive office, department, board, commission, bureau, division, or authority of the commonwealth established to serve a public purpose.
SECTION 5. Section 26C of said chapter 9, as so appearing, is hereby amended by striking out, in line 9, the word "and" the second time it appears.
SECTION 5A. Said section 26C of said chapter 9, as so appearing, is hereby further amended by inserting after the word "register", in line 11, the following words:- ; and (6) all districts, structures, buildings, and sites listed in the state register of historic places pursuant to section twenty-six D.
SECTION 6. Said chapter 9 is hereby amended by inserting after section 26C, as so appearing, the following section:-
Section 26D. The commission shall promulgate regulations as may be necessary for:-
(1) nominating properties for listing in and removal from the state register of historic places; and
(2) establishing criteria for properties to be listed in the state register of historic places. The commission shall use the criteria for listing in the National Register of Historic Places as a guide in establishing criteria for listing in the state register.
The commission may accept a nomination from any local government or state agency for listing of a property in the state register of historic places. The commission may include in the state register of historic places any property for which a nomination is made if the commission determines that the property is eligible in accordance with the regulations promulgated under this section.
SECTION 7. Section 27C of said chapter 9, as so appearing, is hereby amended by striking out the first and second paragraphs and inserting 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 thirty 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 thirty days, the state body or the proponent may proceed with the project. Upon a determination of adverse effect, the commission, the state agency and, in the case of a private project, the project proponent shall immediately consult 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 the provisions of section eighty-one O, eighty-one P, or eighty-one S of chapter forty-one, or the application for the required state permits for the project. 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. 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 the provisions of 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.