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Session Law

2006

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Chapter 173 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2006 TO PROVIDE FUNDING TO PROMOTE THE REDEVELOPMENT OF FORT DEVENS.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to compensate forthwith certain court employees, 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. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in section 2A are hereby appropriated from the General Fund unless specifically designated otherwise, for the several purposes and subject to the conditions specified in this act, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2006; provided, that said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items; and provided further, that all funds appropriated in section 2A shall be available for expenditure until June 30, 2007.

NO SECTION 2.
SECTION 2A.

DEPARTMENT OF BUSINESS AND TECHNOLOGY

7007-1400
For the Massachusetts Development Finance Agency for infrastructure investments to support the construction of a large-scale biologics pharmaceutical manufacturing facility to be located at the Devens Regional Enterprise Zone; provided, that not more than $20,000,000 shall be expended for the planning, design, permitting, construction, site preparation and development of a wastewater pre-treatment facility, and ancillary improvements, to support this manufacturing facility; and provided further, that not more than $11,000,000 shall be expended for the design, planning, permitting, site preparation, construction, and development, of infrastructure and other improvements, and upgrades to the existing electric and gas utility systems, to support the operation of this manufacturing facility........................ $31,000,000

7007-1002
For the Massachusetts Development Finance Agency for capital improvements at the Devens Regional Enterprise Zone, provided that these funds shall be in addition to any amounts previously appropriated or otherwise given to Massachusetts Development Finance Agency; and provided further, that these funds shall be deposited by the Massachusetts Development Finance Agency into its Devens Fund and shall be used to support capital activities in connection with its statutory mandate under chapter 498 of the acts of 1993....................................... $3,000,000

SECTION 3. Notwithstanding subsections (b) to (d), inclusive, of section 38N of chapter 63 of the General Laws, in the event that a credit allowed under said section 38N of said chapter 63 exceeds the tax otherwise due under said chapter 63, the balance of that credit shall be refundable to the taxpayer in the taxable year in which qualified property giving rise to that credit is placed in service, but:
(a) this section shall apply only to credits generated by projects in the biotechnology industry, certified on or after June 1, 2006 and before June 1, 2008;
(b) over a period not to exceed 8 years, the taxpayer shall commit in writing to the cumulative investment of not less than $650 million in the project, and the creation, cumulatively, of not fewer than 550 new jobs involving permanent full-time employees, both direct and contracted, and these jobs shall be located at the project site;
(c) if the commissioner determines at any point within 3 years after the period specified in paragraph (b) that the taxpayer has not fulfilled the new job commitments specified in this section, the commissioner shall, at the time of this determination and without regard to limitations on the period of assessment otherwise applicable under section 26 of chapter 62C of the General Laws, assess the taxpayer an amount of tax equal to:

(i) if the taxpayer has not created at least 350 new jobs in the 8-year period in connection with the project, the cumulative credits refunded to the taxpayer under section 38N of chapter 63 of the General Laws in connection with the project; or
(ii) if the taxpayer has created at least 350 new jobs in the 8-year period in connection with the project but fewer than 550 new jobs, the cumulative credits refunded to the taxpayer under said section 38N of said chapter 63 multiplied by a ratio, the numerator of which is the number by which the new jobs created is less than 550 and the denominator of which is 550;

(d) in the event that the taxpayer is assessed a tax under paragraph (c), the taxpayer shall be allowed to offset the tax using any credits to which the taxpayer would have otherwise been entitled, before the commissioner’s determination, in the absence of this section, and shall be entitled to carry over any additional credits to which the taxpayer would have otherwise been entitled as provided in subsections (b) and (d) of said section 38N of said chapter 63;
(5) at any point during the period specified in paragraph (c), the taxpayer shall promptly make available to the commissioner, upon his request, records that the commissioner may require to confirm compliance with the commitments and other provisions of this section; and
(6) nothing in this section shall limit the potential recapture of credits taken by a taxpayer, as provided in subsection (a) and in subsection (e) of section 31A of said chapter 63.

SECTION 4. As used in the act, the following terms shall, unless otherwise required, have the following meanings:

“Project”, the design, planning, permitting, site preparation, construction, development, and operation of infrastructure and other improvements, including demolition of existing structures and design and construction of necessary replacement structures on adjacent or proximate land, and upgrades to the existing electric and gas utility systems serving the Devens Regional Enterprise Zone, as established by chapter 498 of the acts of 1993, to support the operation of a large scale biologics pharmaceutical manufacturing facility, or reasonably required to facilitate complete development, construction, and operation of such a facility.
“MassDevelopment”, the Massachusetts Development Finance Agency, created and existing under chapter 23G of the General Laws.

SECTION 5. Notwithstanding any general or special law, rule, or regulation to the contrary, MassDevelopment shall be considered to be exercising its powers under clause (6) of section 3 of chapter 23G of the General Laws, in connection with any actions taken in accordance with this act. MassDevelopment may further expend the funds appropriated in this act through grant, direct payment, reimbursement, loan or other financial assistance.

SECTION 6. (a) Notwithstanding any general or special law, rule, or regulation to the contrary, MassDevelopment is authorized to employ alternative methods of procurement relative to the design, demolition, construction, reconstruction, improvement, renovation, enlargement, expansion, remodeling, repair or build-out of any and all improvements, that may be useful or necessary from time to time in connection with the project, including, without limitation, turnkey, design-build, lease, or lease purchase.
(b) The acquisition, procurement, construction, reconstruction, improvement, renovation, enlargement, expansion, remodeling, alteration, repair, build-out, development, financing, management, maintenance, operation or leasing of all or any portion of lands in furtherance of the project and any contract for construction and design or other consulting services for or relating to, the construction, reconstruction, improvement, renovation, enlargement, expansion, remodeling, alteration, repair, build-out, development, financing, management, maintenance, operation or leasing of all or any portion of other lands in furtherance of the project shall be exempt from section 38A½ to 38O, inclusive, of chapter 7 of the General Laws, section 44A to 44J, inclusive, of chapter 149 of the General Laws, and section 39M of chapter 30 of the General Laws or any other special or general law or rule or regulation providing for the advertising, procurement, or bidding of construction, design, planning, consulting, materials purchasing, development, financing, management, leasing or improvements to, or the acquisition of, or disposition of interest in real or personal property.
(c) All actions taken by MassDevelopment under this section 6 before the effective date of this act are hereby ratified and approved.

SECTION 7. (a) There shall be a Devens Biologics Pharmaceutical Manufacturing Development Site, in this act called the site. The boundaries of the site shall be defined as follows: A certain parcel of real property comprised of approximately 100.5 acres of land, more or less, located within that portion of the Innovation & Technology Business District within the Devens Regional Enterprise Zone and located north of Patton Road, beginning at a point at the southeasterly corner of Queenstown Street at Patton Road; thence, westerly along Patton Road to a point at the southeast corner of Parcel 9-4-500; thence, northerly and westerly along Parcel 9-4-500 to a point at the easterly sideline of Jackson Road; thence, northerly along Jackson Road to a point at the southwest corner of Parcel 13-4-600; thence, easterly, northeasterly and northwesterly along Parcel 13-4-600 to a point on the northeasterly sideline of Parcel 13-4-600 perpendicular to the southwesterly corner of Parcel 14-4-900; thence northeasterly along the southerly sideline of Parcel 14-4-900 to a point on the southerly sideline of Parcel 14-4-100; thence, southeasterly, northeasterly, southeasterly, southwesterly, southeasterly, and northeasterly along Parcel 14-4-100 to a point at the southwesterly corner of Parcel 14-4-800, thence southerly along the easterly sideline of Parcel 14-4-800 to the northerly corner of Parcel 10-4-1700; thence southerly along the easterly sideline of Parcel 10-4-1700 to a point on the easterly sideline of Queenstown Street; thence, southerly along the easterly sideline of Queenstown Street to the point of beginning.
(b) Notwithstanding any general or special law or rule or regulation, by-law or ordinance to the contrary, and to advance the regional development objectives for which the Devens Regional Enterprise Zone was established, the buildings permitted for a biologics pharmaceutical manufacturing facility located within the site shall be exempt from the height limits otherwise applicable within the Devens Regional Enterprise Zone but shall not exceed 120 feet, and in no event shall the building height be greater than 478 feet above sea level, as referenced by the National Geodetic Vertical Datum (NGVD) of 1929, and the boundaries of Devens Zoning District #4 (Innovation and Technology Business) shall be modified to be 50 feet from and parallel to Patton Road between Queenstown Street and Parcel 9-4-500.
(c) All other applicable provisions of chapter 498 of the acts of 1993, as amended, the zoning by-laws for the Devens Regional Enterprise Zone, the rules and regulations of the Devens Enterprise Commission, and the Reuse Plan of the Devens Regional Enterprise Zone not inconsistent with this act shall apply to the Devens Biologics Pharmaceutical Manufacturing Development Site.
(d) The privileges, immunities, rights, and obligations afforded by this act shall lapse 2 years after the effective date of this act, unless, before that date, an initial building permit for a pharmaceutical manufacturing facility is issued by the Devens Enterprise Commission established under chapter 498 of the acts of 1993.

SECTION 8. The board of selectmen of the town of Harvard shall have the option of convening an advisory committee of persons concerned with the effects of development at the site, as defined in section 7. The advisory committee shall make recommendations to ensure that the visual impact of development at the site is mitigated to the greatest extent reasonably possible.

SECTION 9. This act shall take effect upon its passage.

Approved, July 21, 2006.

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