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  • Acts
  • 2006
  • Chapter 101 AN ACT AMENDING THE LAW ESTABLISHING THE NORTHERN BERKSHIRE INDUSTRIAL PARK AND DEVELOPMENT CORPORATION.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to amend the law establishing the Northern Berkshire Industrial Park and Development Corporation, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. Section 1 of chapter 758 of the acts of 1985 is hereby amended by striking out the definition of “Department” and inserting in place there of the following definition:-

“Department”, the department of housing and community development.

SECTION 1A. The definition of “Economic development area” of said section 1 of said chapter 758, is hereby amended by striking out, in line 1, the words “any blighted, or any” and inserting in place thereof the following words:- a blighted open area, substandard area or.

SECTION 2. The definition of "Economic development project" of said section 1 of said chapter 758 is hereby amended by adding the following 2 sentences:-

An economic development project may include development, construction or rehabilitation of housing, conversion of underutilized manufacturing uses to residential use, or development and construction of mixed use projects with both residential and commercial uses. An economic development project may also include the development and construction of affordable housing.

SECTION 2A. Said section 1 of said chapter 758 is hereby further amended by striking out the definition of “Secretary” and inserting in place thereof the following definition:-

“Secretary”, the director of housing and community development.

SECTION 3. Section 2 of said chapter 758 is hereby amended by striking out the third and fourth paragraphs and inserting in place thereof the following paragraph:-

The board of directors shall be appointed by the governor and shall annually choose from its members a chairman and vice-chairman. The governor shall make 3 initial appointments of members of the board, of whom 1 member shall reside in the town of Adams, 1 member shall reside in the city of North Adams, and 1 member shall reside in the town of Williamstown. Of these 3 members 1 shall be initially appointed for the term of 1 year, 1 for the term of 2 years and 1 for the term of 3 years; thereafter the term of each such member shall be 3 years. Upon their appointment the 3 members shall nominate for appointment by the governor 6 additional members, of whom at least 2 shall reside in Hancock, New Ashford, Cheshire, Florida, Clarksburg or Savoy. Of these 6 members, 2 shall be initially appointed for terms of 1 year; 2 shall be initially appointed for terms of 2 years; and 2 shall be initially appointed for terms of 3 years. Each subsequent appointment of a member shall be made by the governor from among persons nominated by majority vote of the then serving members of the board and shall be for a term of 3 years. If a successor to any member is not timely appointed that member shall serve until the member's successor is appointed. In the event of a vacancy in the office of any member, a successor shall be appointed, in like manner as the member was appointed, to serve for the balance of any unexpired term or for a full term if the prior member's term has expired. The end dates of terms shall be determined as if all prior appointments of members had been timely made without any prior members being held over in office.

SECTION 4. The fifth paragraph of said section 2 of said chapter 758 is hereby amended by striking out, in line 4, the words, "and after approval by the department".

SECTION 5. Upon the effective date of this act, the terms of the members of the directors of the Northern Berkshire Industrial Park and Development Corporation then serving shall expire, and new members shall be appointed as provided in section 3.

House of Representatives, May 23, 2006.

This Bill having been returned by His Excellency the Governor with his ob-jections thereto in writing (see House 4960) has been passed by the House of Representatives, notwithstanding said objections, two-thirds of the House (134 yeas to 21 nays) having agreed to pass the same.
Sent to the Senate for its action.
Salvatore F. DiMasi, Speaker.
Steven T. James, Clerk.

Senate, June 1, 2006.

Passed by the Senate, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present (29 yeas to 6 nays) having approved the same.
Robert E. Travaglini, President.
William F. Welch, Clerk.

Approved June 8, 2006.