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. As used in this act the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Commission”, the commission on Indian affairs established in section 8A of chapter 6A of the General Laws.
“New Lot 1”, real property located in the town of Freetown depicted on a plan entitled “Approval Not Required Plan of Land in Freetown, Massachusetts Assessor’s Plat 233 Lots 30, 30.03 & 30.04”, dated December 15, 2010, prepared for Riverfront Business Park, LLC by Vanasse Hangen Brustlin, Inc. and recorded with the Bristol county Fall River district registry of deeds in Plan Book 150, Pages 18 to 22, inclusive.
“Person”, a natural person, corporation, association, partnership or other legal entity.
“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.
“Secretary”, the secretary of the executive office of energy and environmental affairs.
“State body”, any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth established to serve a public purpose.
SECTION 2. Notwithstanding any general or special law to the contrary, sections 26 to 27C, inclusive, of chapter 9 of the General Laws, shall not apply to a project on New Lot 1; provided, however, that excavation on the project commences within 180 days of the effective date of this act.
SECTION 3. Notwithstanding any general or special law to the contrary, a person advancing a project under section 2 shall appoint, at the person’s expense and for the duration of the project, an independent archaeologist to oversee an archaeological investigation of the project site. The independent archaeologist shall be a member of the Register of Professional Archaeologists and shall be approved by the secretary, in consultation with the commission.
In conducting the archaeological investigation under this section, the independent archaeologist shall ensure that a thorough program of archaeological data recovery is implemented which shall include, without limitation: (i) establishing a sampling strategy and methodology; (ii) collection of data; (iii) processing, analysis and curation of artifacts and samples; and (iv) archival storage of notes, drawings, photographs and other records generated by the excavations. Said investigation shall also take into consideration, to the extent practicable, all locations of concern on New Lot 1 identified during calendar year 2011 by an archaeologist previously retained by the proponent. The proponent of the project shall provide the independent archaeologist with all maps showing the locations of concern on New Lot 1 identified by an archaeologist previously retained by the proponent during calendar year 2011.
No excavation shall occur on site without the presence of the independent archaeologist. Upon a significant archaeological find, the independent archaeologist may unilaterally cease all excavation at the project until mitigation efforts approved by the independent archaeologist are implemented.
Upon completion of all required excavation and the issuance of a certificate of occupancy for a building on New Lot 1, the independent archaeologist shall issue a report of findings to the secretary.
SECTION 4. Notwithstanding any general or special law to the contrary, in consideration for the exemption provided in section 2, a person advancing a project under section 2 shall execute a conservation restriction under sections 31 to 33, inclusive, of chapter 184 of the General Laws in perpetuity for not less than 100 acres of real property on New Lot 1.
SECTION 5. Section 6 of chapter 38 of the General Laws shall apply to the project in section 1.
SECTION 6. Notwithstanding any general or special law to the contrary, this act shall expire: (i) 180 days after the effective date of this act if excavation on the project has not commenced; or (ii) 3 years after the effective date of this act.
SECTION 7. This act shall take effect upon its passage.
Approved, April 6, 2012.