reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43b - Home Rule Procedures › Section 19 - Special Laws Enacted After Nov. 8, 1966

Section 19. Clause fifth of section seven of chapter four shall not apply to this chapter. A special law relating to an individual city or town enacted subsequent to November eighth, nineteen hundred and sixty-six in compliance with clause (1) or clause (2) of section eight of Article LXXXIX of the Amendments to the Constitution shall be subject to amendment or repeal through the adoption, revision or amendment of a charter by such city or town in accordance with the provisions of sections three and four of said Article LXXXIX unless such special law specifically provides otherwise, and shall be subject to amendment or repeal by laws enacted by the general court in conformity with powers reserved for the general court by section eight of said Article LXXXIX of said Amendments.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43b - Home Rule Procedures › Section 20 - Provisions of Charter or Amendment Deemed Consistent With Certain Other Laws

Section 20. The provisions of any charter or charter amendment adopted pursuant to the provisions of this chapter shall be deemed consistent with the provisions of any law relating to the structure of city and town government, the creation of local offices, the term of office or mode of selection of local offices, and the distribution of powers, duties and responsibilities among local offices. Such provisions may provide:
(a) that any particular local office shall be either elected or appointed; provided, however, that in any town having a board of selectmen the members of such board shall always be elected; provided, further, that in any city or town having a school committee the members of such committee shall always be elected; and provided, further, that in any town having a form of town meeting open to all of its registered voters the town moderator shall always be elected and in every other case all of the members of the legislative body shall always be elected;
(b) that any particular local officer or employee shall be appointed by any particular local officer;
(c) for the number of persons to serve as members of any multiple member body; provided, however, that all such multiple member bodies shall always consist of an odd number of members;
(d) for the term of office to be served by any local elected officer; provided, however, that no term of office of a local elected officer shall be for more than five years, and the members of multiple member bodies shall serve for terms which, as nearly as possible, expire in different years;
(e) for the merger or consolidation of two or more local offices into a single office;
(f) that the powers, duties and responsibilities of one local office be divided and exercised by two or more local offices;
(g) for the confirmation of any appointment by another municipal agency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43c - Optional Forms of Municipal Administration Act › Section 2 - Definitions

Section 2. As used in this chapter, the words ''board of registrars of voters'', ''city council'' and ''board of selectmen'' shall include any local authority of different designation performing like duties. The word ''agency'' shall include any multiple member body, department, division or office of a city or town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43c - Optional Forms of Municipal Administration Act › Section 3 - Adoption Authorized; Conditions; Revocation or Rescission

Section 3. Every city having a population of less than one hundred and fifty thousand and every town may, in the manner provided in this chapter, adopt any of the optional forms of municipal administration which are provided in this chapter and may, in the manner provided in section nine provide for the revocation or rescission of any such acceptance. The adoption of any plan under the provisions of this chapter shall be deemed to be an amendment to any contrary provisions of a local charter or laws having the force of a charter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43c - Optional Forms of Municipal Administration Act › Section 4 - Adoption; Initiation by Petition

Section 4. The adoption of an optional plan of municipal administration under this chapter shall be initiated by filing with the board of registrars of voters of the city or town, a petition signed by at least ten per cent of the number of registered voters residing in such city or town at the preceding state election. Such petition may consist of a number of separate sheets, but each sheet shall be in substantially the form prescribed therefor in section five and shall be signed and completed in accordance with the instructions contained therein. The city or town clerk shall furnish forms for such petition to any registered voter of the city or town requesting the same. Within thirty days from such filing, the board shall check each name to be certified by it on the petition, shall certify thereon the number of signatures so checked which are names of registered voters in the city or town, and shall report the results to the city council in the city or town, or board of selectmen, as the case may be, by filing its report with the city or town clerk. Only names so checked shall be deemed to be the names of registered voters for purposes of such petition. The board need not certify more than one hundred and forty per cent of the number of names required to file a petition, and names not certified in the first instance shall not thereafter be certified on the same petition.
Objections to the sufficiency and validity of the signatures on any such petition as certified by the board of registrars of voters shall be made in the same manner as provided by law for objections to nominations for city or town offices, as the case may be.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43c - Optional Forms of Municipal Administration Act › Section 5 - Petition; Form

Section 5. The petition shall be in substantially the following form: To the (city council) (board of selectmen) of (name of city/town) We the undersigned, registered voters of the (city/town of ) respectfully petition your honorable body to cause to be submitted to vote of the voters the following question:— ''Shall the (city/town of ) adopt the optional form of municipal administration summarized as follows, according to the provisions of chapter forty-three C of the General Laws providing for optional plans of municipal administration?'' The text of the summary from the applicable section shall follow.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43c - Optional Forms of Municipal Administration Act › Section 6 - Petition; Submission to Voters

Section 6. Within thirty days of receipt of certification by the board of registrars of voters that a petition contains sufficient valid signatures the city council or board of selectmen shall by order provide for submission of the question as specified in the petition to the voters of the city or town at the first regular city election, or at the first annual or biennial town meeting for the election of town officers, held on or after the sixtieth day following the adoption of the order. Said order shall not require the concurrence of the mayor in a city and shall not be subject to referendum. If an order of the city council or board of selectmen under this section has not been adopted within the thirty days specified above, the question contained in the petition shall be submitted to the voters at the first regular city election, or the first annual or biennial town meeting for the election of town officers, held on or after the ninetieth day after receipt by the city council or board of selectmen of certification provided for in the first sentence of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43c - Optional Forms of Municipal Administration Act › Section 7 - Council or Board Proposal; Submission to Voters

Section 7. The city council or board of selectmen may submit to the voters of the city or town a proposal for the acceptance of any of the optional plans of municipal administration which are provided in this chapter in the same manner and with the same force and effect as is hereby provided for submission by petition.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43c - Optional Forms of Municipal Administration Act › Section 9 - Revocation or Rescission of Plan; Home Rule Alternative

Section 9. At any time after four years following the date of an election at which any of the plans provided in this chapter has been adopted by the voters, a question to revoke or to rescind such acceptance may be submitted to the voters in the same manner as provided in sections four to seven, inclusive. Such question shall be in the following form: ''Shall the (city/town of ) revoke its adoption of the optional form of municipal administration summarized as follows?'' The text of the summary from the applicable section shall follow.
Notwithstanding the provisions of the first paragraph of this section, any city or town which has adopted any of the optional plans of municipal administration which are provided for in this chapter may make some other provision for municipal administration under procedures made available in chapter forty-three B, at any time, and so far as such provisions may be inconsistent with the provisions of any optional plan in this chapter, the provisions of the charter or charter amendment adopted pursuant to the provisions of said chapter forty-three B shall be deemed to prevail and to supercede the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43c - Optional Forms of Municipal Administration Act › Section 10 - Effect of Adoption; Employee Transfer; Consolidation of Agencies

Section 10. Any person holding any office or position in the service of a city or town which accepts one of the optional forms of administration provided in this chapter and who is employed in an office or agency which is merged with another or abolished or otherwise constituted shall be transferred to the department or agency thereby created without reduction in compensation, or impairment of any civil service, retirement, pension, seniority, vacation, sick leave or other rights or benefits to which then entitled. Any reduction in force which is to result from the new form of administration shall be accomplished through attrition, or other reassignment and not by dismissal.
All books, papers, documents, equipment, building facilities, land and other property, both real and personal, which are in the custody and control of any agency affected by a consolidation under the provisions of this chapter shall forthwith upon the establishment of any new agency be transferred by the former agency to such new agency.
All monies which have been appropriated to any department or agency which is included in any consolidation under the provisions of this chapter shall, upon the establishment of the new agency, be credited to the account of such new agency. All contracts in force at the time any new agency is created in which any department or agency whose powers or functions are being assumed by the new agency is a party shall be continued in force by such new agency until they otherwise expire or are cancelled. Any judicial proceeding in which any agency affected by any consolidation under this chapter is a party shall not be affected by the consolidation but any such successor agency shall stand in the place of the former agency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43c - Optional Forms of Municipal Administration Act › Section 14 - Adoption, Revocation or Rescission of Plan; Majority Vote

Section 14. Notwithstanding any provision of this chapter, any city or town may, by majority vote as defined in section one of chapter forty-four, adopt an optional plan of municipal administration under this chapter or revoke or rescind a plan accepted pursuant to this section; provided, that for a town the majority vote necessary to adopt, revoke, or rescind a plan pursuant to this section shall be at the annual meeting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 2 - Definitions

Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Governing body'', in a city having a Plan D or Plan E charter the city manager and the city council and in any other city the mayor and city council, and in towns the board of selectmen.
''Interagency permitting board'', the board, as described in section 62 of chapter 23A, established to review and approve or deny municipal priority development site proposals and to grant and administer technical assistance grants.
''Issuing authority'', a local board, commission, department or other municipal entity that is responsible for issuing permits, granting approvals or otherwise involved in land use development including redevelopment of existing buildings and structures.
''Permit'', a permit formal determination, order of conditions, license, certificate, authorization, registration, plan approval, zoning relief or other approval or determination with respect to the use or development of land, buildings, or structures required by any issuing authority including but not limited to those under statutory authorities contained in chapter 40A, sections 81A to 81J, inclusive, and sections 81X to 81GG, inclusive, of chapter 41, sections 40 and 40A of chapter 131, sections 26 to 32, inclusive, of chapter 111, chapter 40C, sections 13 and 14 of chapter 148, chapter 772 of the acts of 1975, or otherwise under state law or local by-law or ordinance, and all associated regulations, by-laws and rules, but not including building permits or approvals pursuant to sections 81O to 81W, inclusive, of chapter 41. ''Permit'' shall not include the decision of an agency to dispose of property under its management or control; predevelopment reviews conducted by the municipal office of permit coordination or a technical review team; or permits granted by the Massachusetts Water Resources Authority.
''Priority development site'', a privately or publicly owned property that is: (1) eligible under applicable zoning provisions, including special permits or other discretionary permits, for the development or redevelopment of a building at least 50,000 square feet of gross floor area in new or existing buildings or structures; and (2) designated as an appropriate priority development site by the board. Several parcels or projects may be included within a single priority development site. Wherever possible, priority development sites should be located adjacent to areas of existing development or in underutilized buildings or facilities or close to appropriate transit services.
''Secretary'', the secretary of the executive office of economic development.
''Technical review team'', an informal working group consisting of representatives of the various issuing authorities designed by the head of their issuing authority to review requests submitted under this chapter. The technical review team shall not include members of the zoning board of appeals.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 3 - Formal Proposal for Designation as Priority Development Site; Technical Assistance Grants

Section 3. (a) For a property to receive a designation as a priority development site, the governing body, after approval by a town meeting in a town, shall file a formal proposal with the board. The proposal shall include: (1) a detailed description of the property; (2) good faith commitment to comply with this chapter; (3) written authorization of the property owner; and (4) at the discretion of the governing body, a request for a technical assistance grant.
(b) All requests for a technical assistance grant shall include a detailed description of how the grant will be used and shall be submitted with the formal proposal as described in subsection (a). The grants shall be used to implement the requirements of this chapter, which shall include but not be limited to, professional staffing assistance, local government reorganization, and consulting services. The amount of any single grant awarded from the fund, shall not exceed $150,000. The board shall review and determine eligibility of the proposals and approve requests within 60 days of receipt of the proposals. In special circumstances where a specific and originally unforeseen need can be demonstrated, the governing body may be eligible for an additional technical assistance grant if approved by the board and the secretary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 4 - Rules and Regulations on Permit Issuance

Section 4. Within 120 days of the acceptance of this chapter the governing body shall implement the following: (a) appoint a single point of contact to serve as the primary municipal liaison for all issues relating to this chapter; (b) amend rules and regulations on permit issuance to conform to this chapter; (c) along with the issuing authority, collect and ensure the availability of all governing statutes, local ordinances, by-laws, regulations, procedures and protocols pertaining to each permit; (d) establish a procedure whereby the governing body shall determine all permits, reviews and predevelopment reviews required for a project; all required scoping sessions, public comment periods and public hearings; and all additional specific applications and supplemental information required for review, including, where applicable, the identification of potential conflicts of jurisdiction or substantive standards with abutting municipalities and a procedure for notifying the applicant; and (e) establish a procedure, following the notification of the required submissions for review as set forth in clause (d), for determining if all the materials required for the review of the project have been completed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 5 - Priority Development Permits; Review and Final Decision

Section 5. (a) Priority development permit reviews and final decisions shall be completed within 180 days subject to the extension herein. The time period shall begin the day after the issuance of the notice that the application materials are complete pursuant to clause (e) of section 4. The governing body shall notify the applicant in writing within 20 business days from receipt of the completed form of additional information needed or requirements that it may have. The governing body may provide for pre-application conferences to facilitate this process.
(b) The resubmission of the application or the submission of such additional information required by the governing body shall commence a new 30–day period for review of the additional information.
(c) If, at any time, an issuing authority determines that a permit or other predevelopment review is required which it did not previously identify, it shall immediately notify the applicant by certified mail and shall where public notice and comment or hearings are not required complete action on the application filed for the previously unidentified permit within 30 days of receipt of the completed application or not later than the latest required decision date for a pending permit, whichever is later. Where public notice and comment or hearing are required for the previously unidentified permit, the required action date shall be not later than 30 days from the later of the close of the hearing or comment period, which shall be scheduled to commence as quickly as publication allows. The failure of the governing body to notify an applicant of the requirement of a public hearing or comment period shall not constitute a waiver of the requirement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 6 - Informal Procedure for Advisory Review; Fee

Section 6. (a) In accordance with this chapter, the governing body may establish an informal procedure to allow permit applicants to obtain advisory review by a technical review team of any issue of law, policy, procedure, or classification that the applicant claims is in dispute between the applicant and the issuing authority which has affected or will affect the ability of the applicant to obtain timely review of the permit application. The procedures shall provide for filing a request for review by the applicant, representation by the issuing authority on the technical review team, and a period not to exceed 30 days for issuance of a decision. Use of this procedure shall toll the review time periods. An advisory determination or ruling made pursuant to a procedure established in this section shall not constitute a decision or final action and shall not be subject to any right of administrative or judicial review.
(b) The governing body may establish an additional and separate fee, in addition to any fees that may be assessed by an issuing authority in order to carry out its duties under this chapter, and may deposit the fees in a special account to be maintained by the treasurer. The special account, including any accrued interest shall be expended at the direction of the governing body, without further appropriation; but, the funds shall be expended only in carrying out its responsibilities under this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 7 - Time for Final Actions

Section 7. Failure by any issuing authority to take final action on a permit or approval within the 180–day period or extended time, if applicable, shall be considered a grant of the relief requested of that authority. In that event, within 14 days after the date of expiration of the time period, the applicant shall file an affidavit with the city or town clerk, attaching the application, setting forth the facts giving rise to the grant and stating that notice of the grant has been mailed, by certified mail, to all parties to the proceedings and all persons entitled to notice of hearing in connection with the application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 8 - Grounds for Denial of Grant

Section 8. The grant shall not occur where: (1) the governing body has made a timely determination that the application is not complete in accordance with its requirements and notified the applicant as set forth herein and the applicant has not made a timely response to complete the application; (2) the governing body has determined that the final application contained false or misleading information; or (3) the governing body has determined that substantial changes to the project affect the information required to process the permit application have occurred since the filing of the application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 9 - Waiver or Extension of Time Period

Section 9. The 180 day time period may be waived or extended for good cause upon written request of the applicant with the consent of the governing body or upon written request of the issuing authority with the consent of the applicant. The 180–day period may be extended for up to 30 days by the governing body in the event an additional permit or other predevelopment review is required in accordance with subsection (c) of section 5, if the requirement for the previously unidentified permit or review has been determined no less than 150 days after the issuance of the notice of completeness. The 180 day time period shall be extended when the issuing authority determines either: (1) that action by another federal, state or municipal government agency is required before the issuing authority may act; (2) that judicial proceedings affect the ability of the issuing authority or applicant to proceed with the application; or (3) that enforcement proceedings that could result in revocation of an existing permit for that facility or activity and denial of the application have been commenced. In those circumstances, the issuing authority shall provide written notification to the secretary. When the reason for the extension is no longer applicable, the issuing authority shall immediately notify the applicant, and shall complete its decision within the time period specified in this section, beginning the day after the notice is issued. An issuing authority may not use lack of time for review as a basis for denial of a permit if the applicant has provided a complete application and met all other obligations in accordance with this chapter. If the Martha's Vineyard commission as described in chapter 831 of the acts of 1977, or the Cape Cod commission, as described in chapter 716 of the acts of 1989, require or allow referral of a permit application, the 180–day time period as described in this chapter shall be suspended upon receipt of the permit application. The 180–day time period shall recommence at the completion of the regional commission's review; but if either commission denies a regional permit on a priority development site, section 7 shall not apply and the issuing authority, upon receipt of the denial notice, shall permanently cease the 180 day time period.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 10 - Administrative Appeals; Time for Filing; Final Written Decision

Section 10. (a) Appeals from issuing authority decisions or from a grant by operation of law shall be filed within 20 days after the last individual permitting decision has been rendered or within 20 days after the conclusion of the 180 day period as set forth in subsection (a) of section 5, whichever is later. The 180 day period shall be increased by the number of days in any extension granted under this chapter.
(b) A person aggrieved by a final decision of any issuing authority, or by the failure of that authority to take final action concerning the application within the time specified, whether or not previously a party to the proceeding, or any governmental officer, board, or agency, may appeal to the division of administrative law appeals by bringing an action within 20 days after a written decision was or should have been rendered. Appeals from decisions of multiple permitting authorities shall be filed simultaneously and shall be consolidated for purposes of hearing and decision. This section shall not apply to appeals pursuant to sections 40 and 40A of chapter 131, which shall continue to be appealed in accordance with said chapter 131, chapter 30A and applicable regulations.
(c) When hearing appeals under this chapter, the division shall revise its rules, procedures and regulations to the extent necessary to accord with the requirements of this chapter.
(d) The division shall render a final written decision within 90 days of the receipt of the appeal. Thereafter, an aggrieved party may appeal to the superior court department by bringing an action within 20 days after the division has rendered a final decision.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 11 - Transfer of Permits; Renewals; Modification; Expiration

Section 11. (a) Permits shall not transfer automatically to successors in title, unless the permit expressly allows the transfer without the approval of the issuing authority.
(b) Issuing authorities having substantive jurisdiction over permit issuance may develop procedures for simplified permit renewals and annual reporting requirements. If the procedures are not developed, renewals of permits shall be governed by the same procedures and timelines as specified in conjunction with this chapter.
(c) Issuing authorities shall make reasonable effort to review permit modification requests within as short a period as is feasible to maintain the integrity of the expedited permitting process. An issuing authority shall inform an applicant within 20 business days of receipt of a request whether the modification is approved, denied, determined to be substantial or additional information is required by the issuing authority in order to issue a decision. If additional information is required, the issuing authority shall inform an applicant within 20 business days after receipt of the required additional information whether the modification is approved or denied or that additional information is still required by the issuing authority in order to render a decision. In cases in which the issuing authority determines that a requested modification is substantial, the original review period for permit categories as set forth in section 5 shall apply.
(d) Permits issued pursuant to this chapter shall expire 5 years from the date of the expiration of the applicable appeal period unless exercised sooner. Where permits cover multiple buildings, commencement and continuation of construction of 1 building shall preserve the permit validity. Changes in the law subsequent to the issuance of permits based upon the priority proposal shall not invalidate the permits or review certificates. Nothing in this section shall limit the effectiveness of section 6 of chapter 40A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 12 - Benefits of Priority Development Sites

Section 12. A priority development site shall be eligible for the following:—
(a) priority consideration for community development action grants, and public works economic development grants;
(b) priority consideration for other state resources such as quasi-public financing and training programs;
(c) brownfields remediation assistance;
(d) enhanced marketing by the Massachusetts office of business development, and the Massachusetts alliance for economic development; and
(e) technical assistance provided by the regional planning council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 13 - Technical Assistance Funding

Section 13. (a) Technical assistance funding is intended to be a one-time grant to municipality, if the municipality has adopted expedited permitting as provided in sections 3 to 11, inclusive.
(b) A municipality shall be eligible for technical assistance funding, which may be less than the previous amounts awarded, for a second time if it has identified and successfully permitted one priority development site.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43d - Expedited Permitting › Section 14 - Time for Required Reviews

Section 14. Any required reviews established under sections 61 to 62H, inclusive, of chapter 30 or sections 26 to 27C, inclusive, of chapter 9 shall conclude within 120 days of a state determination of completeness of required review materials, as established by the executive office of environmental affairs in consultation with the state secretary. The secretary of environmental affairs and the state secretary shall establish time frames for all required filings and additional filings by the applicant in order to comply with this section. In the event an applicant fails to comply with all relevant time frames, the time shall be tolled until the applicant files the required documents.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43e - Expedited State Permitting › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:--
[ Definition of "Growth district'' and "Growth district initiative'' effective until May 30, 2023. For text effective May 30, 2023, see below.]
"Growth district'', a district designated from time to time by the secretary of housing and economic development, with the approval of the secretary of energy and environmental affairs, to participate in the growth district initiative.
"Growth district initiative'', a program established by the executive office of housing and economic development and section 2C of chapter 303 of the acts of 2008 to provide for commercial and residential transportation and infrastructure development, improvements and various capital investment projects.
[ Definition of "Growth district'' and "Growth district initiative'' as amended by 2023, 7, Sec. 207 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
"Growth district'', a district designated from time to time by the secretary of economic development, with the approval of the secretary of housing and livable communities and the secretary of energy and environmental affairs, to participate in the growth district initiative.
"Growth district initiative'', a program established by the executive office of economic development and section 2C of chapter 303 of the acts of 2008 to provide for commercial and residential transportation and infrastructure development, improvements and various capital investment projects..
"Issuing authority'', a state agency, commission, department or other state entity that is responsible for issuing permits, granting approvals or otherwise involved in land use development including redevelopment of existing buildings and structures.
"Permit'', a permit, formal determination, order of conditions, license, certificate, authorization, registration or other approval or determination with respect to the use or development of land, buildings or structures required by an issuing authority. "Permit'' shall not include the decision of an agency to dispose of property under its management or control or permits granted by the Massachusetts Water Resources Authority or permits or approvals issued by the department of public utilities or the Energy Facilities Siting Board under chapter 40A and chapter 164 or requests for variances or waivers from state laws or regulations.
"Priority development site'', priority development site as defined in section 2 of chapter 43D.
"Project'', project as defined in section 62 of chapter 30.
"Site'', a privately or publicly owned property that is zoned for commercial or industrial use.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43e - Expedited State Permitting › Section 2 - Time Period for Completion of Permit Review and Issuance of Final Decision

Section 2. (a) Issuing authorities shall complete permit reviews and final decisions within 180 days, or 210 days for permit processes requiring a public comment period, subject to an extension under section 5, for projects that are in: (i) priority development sites designated under chapter 43D; (ii) located within a growth district; (iii) provided the applicant has received a certificate indicating the completion of the process under sections 61 to 62H, inclusive, of chapter 30; and (iv) provided neither the project nor any portion of the project shall be in a wetland as defined by section 40 of chapter 131, tidelands as defined by section 1 of chapter 91, priority habitat as delineated by the division of fisheries and wildlife under chapter 131A or an area of critical environmental concern as designated by the secretary of energy and environmental affairs.
(b) The time period to complete reviews and issue permit decisions shall begin the day after the issuing authority issues notice that the application materials necessary for the permit are complete. The issuing authority shall notify the applicant in writing within 20 business days from receipt of the completed form of additional information needed or requirements that it may have. The issuing authority may provide for pre-application conferences to facilitate this process.
(c) The resubmission of the application or the submission of such additional information required by the issuing authority shall commence a new 30–day period for review of the additional information.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43e - Expedited State Permitting › Section 3 - Grant of Permit Upon Failure of Issuing Authority to Take Final Action or Approve Within Time Period for Completion of Review and Issuance of Final Decision

Section 3. Failure by any issuing authority to take final action on a permit or approval within the 180–day or 210–day period or extended time, if applicable, shall be considered a grant of the permit requested of that authority. In that event, within 3 days after the date of expiration of the time period, the applicant shall file a notice with the issuing authority, attaching the application, setting forth the facts giving rise to the grant and stating that notice of the grant has been mailed, by certified mail, to all parties to the proceedings and all persons entitled to notice of hearing in connection with the application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43e - Expedited State Permitting › Section 4 - Grounds for Denial of Grant

Section 4. The grant shall not occur if: (1) the issuing authority has made a timely determination that the application is not complete in accordance with its requirements, properly notified the applicant and the applicant has not made a timely response to complete the application; (2) the issuing authority has determined that the final application contained false or misleading information; or (3) the issuing authority has determined that substantial changes to the project affect the information required to process the permit application have occurred since the filing of the application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43e - Expedited State Permitting › Section 6 - Commencement of Time Period for Appeal of Grant

Section 6. The commencement of the time period for an administrative or judicial appeal of a grant under section 3 shall be the date the applicant files notice of the grant under said section 3. The 180 or 210 day timeline shall not apply to an administrative appeal following the issuance of a permit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43e - Expedited State Permitting › Section 7 - Application of Chapter

Section 7. Nothing in this chapter shall be construed to alter the substantive jurisdictional authority of issuing authorities. Nothing in this chapter shall be construed to modify any requirement of the State Implementation Plan or other requirement of law that is necessary to retain federal delegation to, or assumption by, the commonwealth of the authority to implement a federal law or program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43e - Expedited State Permitting › Section 8 - Rules and Regulations

[ Text of section effective until May 30, 2023. For text effective May 30, 2023, see below.]
Section 8. The secretary of housing and economic development shall promulgate rules and regulations to implement this chapter with the approval of the secretary of energy and environmental affairs. Any agency issuing permits under this chapter may issue rules and regulations to tailor this chapter to the specific permits issued by such agency.
Chapter 43E: Section 8. Rules and regulations
[ Text of section as amended by 2023, 7, Sec. 209 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
Section 8. The secretary of economic development shall promulgate rules and regulations to implement this chapter with the approval of the secretary of energy and environmental affairs and the secretary of housing and livable communities. Any agency issuing permits under this chapter may issue rules and regulations to tailor this chapter to the specific permits issued by such agency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 44 - Municipal Finance › Section 1 - Definitions

Section 1. In this chapter, unless the context otherwise requires, the following words shall have the following meanings:
''Revenue'', receipts from (1) the exercise of governmental power of taxation and police control; (2) donations, gifts, grants and subvention for governmental use; (3) performing services for compensation and from the operation or management of productive enterprises, investments and properties of government. Receipts from the sale or disposal of capital assets, loans, refunds and various temporary transactions are in the nature of non-revenue.
''Director'', director of accounts in the department of revenue.
''Majority vote'' and ''two thirds vote'', as applied to towns or districts, the vote of a majority or two thirds, respectively, of the voters present and voting at a meeting duly called, and, as applied to cities, the vote taken by yeas and nays of a majority or of two thirds, as the case may require, of all the members of each branch of the city government where there are two branches, or of all the members where there is a single branch of the city government, or of a majority or two thirds of the commissioners where the city government consists of a commission; and in every case subject to the approval of the mayor, where such approval is required by the charter of the city.
''Municipal finance oversight board'', a board composed of the attorney general, the state treasurer, the state auditor, and the director of accounts in the department of revenue, or their designees.
''Town'' shall not include city.
''District'' shall mean a fire, water, sewer, water pollution abatement, refuse disposal, light, or improvement district, or any other district, howsoever named, formed for the purpose of carrying out any of the aforementioned functions, whether established under general law or special act.
''Equalized valuation'' shall mean the equalized valuation of the aggregate property in a city or town subject to local taxation, as most recently reported by the commissioner of revenue to the general court under the provisions of section ten C of chapter fifty-eight.
''Sewage'' shall mean wastewater from homes, public buildings, commercial or industrial establishments, or any combination thereof, and shall include any surface or ground water that may be present therein.
''Sewage treatment and disposal facilities'' shall mean any wastewater treatment facility used for treating, neutralizing or stabilizing sewage including treatment or disposal plants; the necessary intercepting, outfall and outlet sewers; pumping stations integral to such facilities; and equipment and appurtenances related to the foregoing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 44 - Municipal Finance › Section 2 - Limitations and Restrictions Upon Manner of Incurring Debt

Section 2. Except as otherwise expressly permitted by law, cities, towns and districts shall incur debts only in the manner of voting and within the limitations as to amount and time of payment prescribed in this chapter; but this section shall not be construed as prohibiting any city, town or district from placing additional restrictions, consistent with this chapter, upon the manner of incurring debt, nor as affecting the right of any city, town or district to incur debt under any special act which has or shall become effective after January first, nineteen hundred and twenty-one, or at any time in the case of debt of the city of Boston for tunnel or transit purposes; but no debt may be authorized under a general or special act except by a two-thirds vote, unless the act so provides. All provisions of law providing for sinking funds for the payment of debt of the city of Boston incurred for transit or tunnel purposes shall continue to be applicable to said debt.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 44 - Municipal Finance › Section 3 - Computation of Indebtedness

Section 3. The indebtedness of a city or town for a specific purpose shall be its net indebtedness, which shall be the total indebtedness for that purpose after deducting the amount of sinking funds applicable to the same. The indebtedness to which the debt limit imposed by section ten shall be applied shall be the total net indebtedness of the city or town after excluding debts exempted from the operation of said section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 44 - Municipal Finance › Section 4 - Temporary Loans in Anticipation of Revenue; Conditions; Limitations

Section 4. Cities, towns and districts may incur debt in any fiscal year for temporary loans in anticipation of the revenue of the fiscal year in which the debt is incurred, and may issue notes therefor to an amount which for cities and towns shall not exceed in the aggregate the total tax levy of the fiscal year preceding the fiscal year in which the debt is incurred, together with the net amount received during such preceding fiscal year from the excise on motor vehicles and trailers, as provided by chapter sixty A, and the payments made by the commonwealth in lieu of taxes on account of property taken for institutions or for metropolitan district purposes; and for districts shall not exceed the receipts from taxes, rates and services of the fiscal year preceding that in which the debt is incurred, and for newly established districts which have not yet had receipts from taxes, rates and services throughout an entire fiscal year, an amount as fixed by vote of the district. The aggregate amount of such notes shall not exceed an amount reasonably required, which amount, in the case of notes of a town or district, shall be approved by the director or by counsel and shown on an estimated cash flow statement prepared on a form approved by the director, by such other evidence as the director or counsel may require, and filed with the treasurer of the town or district and the director. Such notes shall be payable, and shall be paid, not later than one year from their date and said one-year term may occur within the span of two separate fiscal years. Such notes shall not be renewed or paid by the issue of new notes, except as provided in section seventeen. Notes may be authorized and issued under this section by the treasurer of the city, town or district, with the approval of the officer, committee, board or other body required by law to countersign such notes.