reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 30.00 - Allocation Of State Ceiling On Volume Of Private Activity Bonds › Section 30.04 - Allocation Procedures

Current through Register 1525, July 5, 2024
(1) Issuers of
			 private activity bonds may request an allocation of state ceiling from A&F
			 in accordance with the procedures set forth in 801 CMR 30.04. In addition,
			 issuers of solid waste disposal facility bonds requesting an allocation of
			 state ceiling from A&F, shall also follow the procedures set forth in
			 801
			 CMR 30.05.
(2) Requests for allocation shall be in
			 writing and shall provide the following information prior to the anticipated
			 issuance of the bonds for the project:
(a)
			 Notice of intent to issue the bonds, from the proposed issuer;
(b) Issuer name and address;
(c) Name and brief description of the
			 project;
(d) Locatioh of the
			 project;
(e) Name and address of
			 the borrower (except where the borrower has not bee n finally
			 determined);
(f) The bond financing
			 amount;
(g) The date the financing
			 for the project or program is expected to close and the bonds for the project
			 or program to be issued; and
(h)
			 Any other information the secretary of A&F may require from time to
			 time.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 30.00 - Allocation Of State Ceiling On Volume Of Private Activity Bonds › Section 30.05 - Additional Requirements for Issuers of Solid Waste Disposal Facility Bonds

Current through Register 1525, July 5, 2024
(1) In determining whether to grant an allocation to a solid waste disposal project, the secretary of A&F will evaluate the request based on the merits of the project relative to other proposed projects, and based on the following policy considerations:
(2) The degree to which the project has achieved a sufficient degree of readiness in terms of financial commitments and developmental approval, as evidenced by the following factors:
(a) Certification of preliminary official action and completion of all bond related public hearing requirements under federal law;
(b) Evidence of the extent to which all permits or approvals required under federal or state law or local ordinance in order to authorize construction and operation of the project have been granted, or the extent to which the receipt of such permits and approvals is reasonably expected within the calendar year of the request for allocation;
(c) The extent to which the viability of the project depends on the availability of tax exempt financing in the amount applied for, as evidenced by a financial plan for the project detailing the principal elements of revenue and expense;
(d) The extent to which the project has obtained written commitments from municipal and/or commercial generators of waste to dispose of such waste at the project in relation to the number and duration of such commitments which are necessary to establish commercial viability under the project's financial plan;
(e) The extent to which the municipal and/or commercial generators of waste which are committed to the project are currently disposing of waste at landfills which are subject to closure within five years;
(f) Whether the project incorporates acceptable technology and procedure for reclamation of recyclable materials;
(g) The extent to which the proposed project is to be financed out of debt or equity sources which reduce the need for tax-exempt financing; and
(h) The extent of the experience represented by the developer, owner and operator of the project with respect to development and operation of solid waste disposal facilities and related projects on a long-term, financially and environmentally sound basis.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 30.00 - Allocation Of State Ceiling On Volume Of Private Activity Bonds › Section 30.06 - Response to Request for Allocation

Current through Register 1525, July 5, 2024
The secretary shall respond to each request for an allocation
				within 14 days. Failure to respond within 14 days shall be deemed to be a
				denial of the request. Responses shall be in writing and shall reference the
				project for which the allocation was requested. In granting an allocation to a
				project the secretary will specify the amount of the allocation being granted,
				and the date on or before which the bonds must be issued in order for the
				allocation to be effective. In addition, the secretary shall require from the
				issuer, within three days after the date of closing, certification from the
				issuer or bond counsel in writing of said closing, including the amount of the
				issue. If the secretary determines that a project will not be granted an
				allocation, the secretary will inform the proposed issuer, in writing, and may
				indicate whether a request for an allocation for that particular project may be
				resubmitted at a future date.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 30.00 - Allocation Of State Ceiling On Volume Of Private Activity Bonds › Section 30.07 - Duration of Allocation

Current through Register 1525, July 5, 2024
Allocations of state ceiling granted by the secretary shall
				have an expiration date no later than November 30 of the calendar year in which
				such allocations are granted, unless an extension of such date, or a
				carryforward, is approved in writing by the secretary.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 30.00 - Allocation Of State Ceiling On Volume Of Private Activity Bonds › Section 30.08 - Carryforward of Unused Annual State Ceiling

Current through Register 1525, July 5, 2024
A&F may carry forward any unused portion of annual state
				ceiling for any bonds eligible for a carryforward under federal tax law. No
				annual state ceiling may be allocated to carryforward projects prior to
				November 1.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 30.00 - Allocation Of State Ceiling On Volume Of Private Activity Bonds › Section 30.09 - Recordkeeping

Current through Register 1525, July 5, 2024
A&F shall make reasonably available to the public information as to the amount of state ceiling not yet allocated and the expiration dates for all state ceiling allocated by it, and shall confirm upon request an allocation of state ceiling to a particular bond issue and the duration thereof. In addition, if A&F assigns any state ceiling to DHCD or MDFA, DHCD and MDFA shall make reasonably available to the public information as to the amount of such state ceiling not yet allocated and the expiration dates for all state ceiling they have allocated, and shall confirm upon request an allocation of state ceiling to a particular bond issue and the duration thereof.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 50.00 - EXPENDABLE TRUST REGULATION › Section 50.01 - Application, Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Application
.
			 801
			 CMR 50.00 applies to any office, department, agency,
			 board, division, commission or institution of the Executive Department,
			 excluding the Legislative and Judicial Branches, the Constitutional Offices,
			 and independent public authorities.
(2)
Purpose
. The
			 purpose of
			 801
			 CMR 50.00 is to provide uniform rules and procedures
			 pertaining to the acceptance, expenditure and use of one-time or temporary
			 funds (including grants, gifts, cash and in-kind contributions) received from
			 any person or any quasi-governmental, municipal governmental, or other
			 nongovernmental entities, as an Expendable Trust outside the normal
			 appropriation process. Unless otherwise provided by law, such funds may be
			 accepted, expended and used only in accordance with the procedures set forth in
			 801
			 CMR 50.00.
			 801
			 CMR 50.00 excludes federal grant funds governed by
			 M.G.L. c. 29, § 6B and any other funds that are directed for deposit in
			 another fund or account in accordance with general or special law.
(3)
Scope
. Only
			 Executive Office Secretaries are authorized to establish Expendable Trusts
			 pursuant to
			 801
			 CMR 50.00, on behalf of the Executive Office or any
			 Department. The head of any other state agency or state authority, each as
			 defined in M.G.L. c. 29, § 1, may request the Secretary of Administration
			 to establish an Expendable Trust on the agency's or authority's
			 behalf.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 50.00 - EXPENDABLE TRUST REGULATION › Section 50.02 - Definitions

Current through Register 1525, July 5, 2024
Declaration of Trust
. The formal legal
				instrument, which may be a declaration, an agreement or a similar instrument,
				governing operation of the Expendable Trust.
Department
. Any office, department,
				agency, board, division, commission or institution in the Executive Department,
				whether or not subject to the jurisdiction of an Executive Office, but
				excluding the Legislative and Judicial Branches, the Constitutional Offices and
				independent public authorities. Organizations recognized as Departments have
				unique departmental identification in the state accounting system.
Executive Office
. Any of the Executive
				Offices established by M.G.L. c. 6A, § 2. For the purposes of
				801
				CMR 50.00,
Secretariat
shall
				have the same meaning as
Executive Office
.
Expendable Trust
. An account of the
				Commonwealth established on MMARS and with the State Treasurer into which are
				deposited monies that are held by the Commonwealth or any of its Executive
				Offices in a trustee capacity and from which both principal and interest may be
				expended only in accordance with the terms of the trust. The terms and
				conditions for expenditure, financial accounting and reporting of an Expendable
				Trust shall be the same as any other state funding as prescribed by the
				Comptroller under generally accepted accounting principles. An Expendable Trust
				is designated as a temporary account and not as a permanent revenue stream.
				Expendable Trusts shall be subject to fringe and indirect costs for
				non-budgetary accounts as prescribed by law.
MMARS
. The Massachusetts Management
				Accounting and Reporting System established by the Comptroller of the
				Commonwealth of Massachusetts pursuant to M.G.L. c. 7A, § 7.
Office of the Comptroller (the
				Comptroller)
. The Office established by M.G.L. c. 7A.
Person
. An individual, corporation,
				society, association or partnership.
Secretary
. The Secretary of any
				Executive Office, as established by M.G.L. c. 6A, § 2, or duly authorized
				designee.
Secretary of Administration
. The
				Secretary of the Executive Office for Administration and Finance, as
				established under M.G.L. c. 7, § 2.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 50.00 - EXPENDABLE TRUST REGULATION › Section 50.03 - Secretariat Responsibilities

Current through Register 1525, July 5, 2024
(1) A
			 Secretary seeking to establish an Expendable Trust shall submit a written
			 request therefor to the Secretary of Administration. The request shall include:
(a) The rationale, purpose and name of the
			 proposed Expendable Trust;
(b) The
			 anticipated sources of revenues to the Expendable Trust;
(c) The estimated total of such
			 revenues;
(d) The types of planned
			 expenditures;
(e) The expected
			 duration of the Expendable Trust;
(f) A draft of the Declaration of Trust;
			 and
(g) The name of the person to
			 be appointed as Trustee.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 50.00 - EXPENDABLE TRUST REGULATION › Section 50.04 - Declaration of Trust

Current through Register 1525, July 5, 2024
The Declaration of Trust shall address the particular purposes
				for which the Expendable Trust is created and shall include the following
				subject matters, as applicable:
(1)
			 Establishment of the Expendable Trust;
(2) Name of Expendable Trust;
(3) Appointment of Trustee;
(4) Governance;
(5) Contributions to the Expendable
			 Trust;
(6) Exclusive Purposes of
			 the Expendable Trust;
(7) Payments
			 from the Expendable Trust;
(8)
			 Administrative Powers;
(9)
			 Accounting;
(10)
			 Amendments;
(11) Governing
			 Law;
(12) Additional and Successor
			 Trustees;
(13) Compensation of
			 Trustees; and
(14) Termination.
The Secretary of Administration or the Comptroller may publish
				a template for a Declaration of Trust.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 50.00 - EXPENDABLE TRUST REGULATION › Section 50.05 - Waivers

Current through Register 1525, July 5, 2024
The Secretary of Administration may grant a written waiver from
				one or more of the provisions of 801CMR 50.00 upon written request of a
				Secretary based on special circumstances or need, provided that such request
				shall be in writing, signed by the Secretary, and shall contain at a minimum
				the following:
(1) the signature of the
			 Secretary of the Executive Office;
(2) the transactions to which such waiver
			 would apply and the provisions of
			 801
			 CMR 50.00 to be waived;
(3) the reasons for the request, including if
			 relevant, any effort to comply with
			 801
			 CMR 50.00; and
(4) all documentation supporting the special
			 circumstances or need for such requested relief.
The granting of a waiver pursuant to 801 CMR 50.05 shall not
				relieve the Secretary of responsibility to comply with the other provisions of
				801
				CMR 50.00 and all other relevant requirements of law.
				If the waiver is granted, the Secretary shall file a copy of such waiver with
				the Office of the Comptroller.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.01 - Authority, Purpose, and Application

Current through Register 1525, July 5, 2024
801 CMR 51.00 is promulgated,
				pursuant to St. 2006, c. 293, §§ 5 through 12, as amended by St.
				2008, c. 129, §§ 2 through 17, and St. 2012, c. 238, §§ 60
				through 63, for the purpose of setting the process and requirements for
				approval of an Economic Development Proposal, as described in St. 2006, c. 293,
				§§ 5 through 12, as amended by St. 2008, c. 129, §§ 2
				through 17. The purpose of St. 2006, c. 293, §§ 5 through 12 , as
				amended by St. 2008, c. 129, §§ 2 through 17, is to stimulate
				sustainable, economic development through Public Infrastructure Improvements
				and to generate new state tax revenues and local tax revenues as a result. St.
				2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129,
				§§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63,
				creates a program under which the Massachusetts Development Finance Agency may
				issue Bonds to finance Public Infrastructure Improvements associated with a
				certified Economic Development Project. A project must be approved by the
				Municipality in which it is to be located, by the Secretary of Administration
				and Finance and by the Massachusetts Development Finance Agency.
The Commissioner of Revenue has also issued guidance under St.
				2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129,
				§§ 2 through 17, and St. 2012, c. 238, §§ 60 through 63,
				set forth in
Technical Information Release 08-18
, which
				revoked and replaced
Technical Information Release 06-26
.
				Further guidance will be issued to address subsequent changes in St. 2006, c.
				293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2
				through 17 and St. 2012, c. 238, §§ 60 through 63.
801 CMR 51.00 applies to all
				Developers and Municipalities seeking approval of an Economic Development
				Proposal to be funded under St. 2006, c. 293, §§ 5 through 12, as
				amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238,
				§§ 60 through 63.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.04 - Priority of Projects

Current through Register 1525, July 5, 2024
(1) Among
			 Economic Development Proposals that satisfy the criteria set forth in
			 801
			 CMR 51.03, the Secretary shall give highest
			 priority to projects in Economically Distressed Municipalities in which both
			 the unemployment rate and median income criteria of St. 2006, c. 293, § 7,
			 as amended by St. 2008, c. 129, § 7(e) and St. 2012, c. 238, § 62,
			 are met. The unemployment rates used for this purpose shall be the average
			 rates for the 12 months prior to the Secretary's issuance of the Preliminary
			 Approval Letter, as calculated by the Executive Office of Labor and Workforce
			 Development. The median income levels used for this purpose shall be the median
			 family income levels published by the U.S. Census Bureau in its most recent
			 publication of these rates prior to the Secretary's issuance of the Preliminary
			 Approval Letter.
(2) The Secretary
			 shall give second highest priority to Economic Development Proposals in
			 Economically Distressed Municipalities in which either the unemployment rate or
			 the median income criteria of St. 2006, c. 293, § 7, as amended by St.
			 2008, § 7(e) and St. 2012, c. 128, § 62, is met.
(3) The Secretary shall otherwise give
			 preference to Economic Development Proposals that:
(a) are located in Growth
			 Districts;
(b) commit to becoming
			 at least LEED Silver certifiable for each Project Component from the U.S. Green
			 Building Council under the Leadership in Energy and Environmental Design Green
			 Building Rating System;
(c) include
			 Public Infrastructure Improvements that have been previously contemplated and
			 desired by the Commonwealth or its agencies; or
(d) that include Public Infrastructure
			 Improvements that are reasonably likely to make other sites available for
			 future economic development projects. These criteria will be weighed equally,
			 and proposals satisfying more than one criterion will receive additional
			 preferential consideration, but none of these criteria are required to be
			 satisfied in order to be eligible for project approval.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.05 - Secretary's Discretion

Current through Register 1525, July 5, 2024
Notwithstanding
				801
				CMR 51.03 and
				51.04, the
				Secretary, in his or her sole discretion, reserves the right to waive or
				conditionally waive any of the criteria identified in
				801 CMR 51.00 that are not
				statutorily required by St. 2006, c. 293, §§ 5 through 12, as amended
				by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238,
				§§ 60 through 63, if the Secretary determines that there are
				compelling reasons to do so, and the Secretary reserves the right to reject any
				Economic Development Proposal.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.07 - Process for Preliminary Approval

Current through Register 1525, July 5, 2024
(1) Within 30 days after receipt of the
			 Preliminary Economic Development Proposal, the Secretary or his or her designee
			 shall host a meeting with the Developer, Municipal Officers, the Commissioner
			 and the Agency to review the proposal and identify any information required to
			 be submitted by the Developer that was not previously submitted. At the
			 meeting, the Developer will be informed whether, based on a preliminary review
			 of the proposal and the criteria for approval of projects set forth in
			 801 CMR 51.00, the Secretary
			 rejects the proposal and the reasons therefor, or whether the Secretary agrees
			 to proceed with an evaluation of the Preliminary Economic Development Proposal
			 before making a determination as to whether to grant a Preliminary Approval
			 Letter. If the proposal is rejected at that time, the Application Fee will be
			 returned to the Developer. If the Secretary agrees to proceed, the parties will
			 agree at the meeting to a preliminary schedule for:
(a) meetings;
(b) submission of additional information or
			 documentation by the Developer;
(c)
			 Independent Consultant Analysis;
(d) issuance of the Preliminary Certificate
			 of the Commissioner;
(e) issuance
			 of the Preliminary Certificate of the Agency; and
(f) decision by the Secretary as to whether
			 she will grant a Preliminary Approval Letter.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.08 - Preliminary Approval of Secretary

Current through Register 1525, July 5, 2024
(1) If, based on the Preliminary Economic
			 Development Proposal, the Preliminary Certificate of the Commissioner and the
			 Preliminary Certificate of the Agency, the Secretary determines that the
			 Preliminary Economic Development Proposal is eligible for approval and that it
			 is reasonably likely that the contemplated Economic Development Proposal will
			 satisfy the criteria for approval identified in
			 801
			 CMR 51.03, the Secretary may issue a
			 Preliminary Approval Letter.
(2)
			 Any Preliminary Approval Letter shall state all conditions that must be
			 satisfied prior to final approval of the contemplated Economic Development
			 Proposal. If the Developer is seeking approval of the Economic Development
			 Project as a Phased Project, the Preliminary Letter of Approval shall also
			 state all conditions that must be satisfied prior to final approval of each
			 phase of the Economic Development Project.
(3) Any Preliminary Approval Letter shall
			 incorporate by reference the related Independent Consultant Analysis, the
			 Preliminary Certificate of the Commissioner confirming the estimated state tax
			 revenues, New Revenues and New State Tax Revenues to be realized from the
			 Economic Development Project and the Preliminary Certificate of the Agency
			 confirming the estimated Project Costs for the Public Infrastructure
			 Improvements that may be supported by New State Tax Revenues in accordance with
			 801 CMR 51.00.
(4) The Preliminary Approval Letter shall
			 state the portion of the Project Costs for the Public Infrastructure
			 Improvements eligible for final approval based on the Preliminary Certificate
			 of the Agency.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.09 - Content of Economic Development Proposal Submitted for Municipal Approval

Current through Register 1525, July 5, 2024
The content of the Economic Development Proposal submitted to
				the Municipality shall be the same as the Preliminary Economic Development
				Proposal, as revised prior to receipt of the Preliminary Approval Letter or as
				required to satisfy any of the conditions stated in the Preliminary Approval
				Letter, and shall include the Preliminary Approval Letter, the Preliminary
				Certificate of the Commissioner, the Preliminary Certificate of the Agency and
				the Independent Consultant Analysis.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.10 - Municipal Approval

Current through Register 1525, July 5, 2024
A Developer shall seek formal approval by the Municipality in
				accordance with of St. 2006, c. 293, § 7(b), as amended by St. 2008, c.
				129, § 5. The approval by the Municipality shall:
(a) explicitly approve the Economic
			 Development Proposal, acknowledge the financial obligations the Municipality
			 would be assuming in connection with the approval, and, if the approval is
			 conditioned upon any changes to the Economic Development Proposal, the
			 municipal approval shall clearly identify any such changes;
(b) approve any required zoning changes to
			 accommodate the Economic Development Proposal;
(c) approve the creation of a Municipal
			 Liquidity Reserve for each Assessment Parcel in accordance with St. 2006, c.
			 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2
			 through 17 and St. 2012, c. 238, §§ 60 through 63, and
			 801 CMR 51.00, including the
			 funding of each reserve, or the authorization required to fund each reserve
			 prior to the issuance of the Bonds; and
(d) approve the acquisition or acceptance of
			 any property interests in the Public Infrastructure Improvements to be conveyed
			 to the Municipality upon completion.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.11 - Economic Development Proposal Submitted to Secretary and Agency for Approval

Current through Register 1525, July 5, 2024
Upon receiving municipal approval, a Developer and the
				Municipality shall jointly file an Economic Development Proposal with the
				Secretary and the Agency for their approval. Any such Economic Development
				Proposal submitted to the Secretary and the Agency for approval must be
				submitted not later than 60 days following the date of the related municipal
				approval.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.12 - Content of Application to Secretary and Agency for Approval of Economic Development Proposal

Current through Register 1525, July 5, 2024
The application for final approval of an Economic Development
				Proposal shall include:
(1)
The Economic Development Proposal
. The content of the
			 Economic Development Proposal submitted to the Secretary and the Agency for
			 approval shall be the same as the Economic Development Proposal submitted to
			 the Municipality, but if the Municipality's approval was conditioned on any
			 changes to the Economic Development Proposal, the Economic Development Proposal
			 submitted to the Secretary shall reflect these changes.
(2) An opinion of counsel to the Municipality
			 confirming that:
(a) the Municipality approved
			 the Economic Development Proposal in accordance with the requirements of St.
			 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129,
			 §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, and
			 801 CMR 51.00; and
(b) the Economic Development Project is
			 permitted under the applicable zoning laws.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.14 - Phased Projects

Current through Register 1525, July 5, 2024
If an Economic Development Project is a Phased Project, the
				Developer and the Municipality must provide evidence of satisfaction of the
				requirements identified in
				801
				CMR 51.12 and the requirements of
				801 CMR
				51.13 must be satisfied prior to the
				Secretary's and the Agency's approval of the portion of any Economic
				Development Proposal related to the phase of the Economic Development Project
				for which the Developer is seeking approval.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.15 - Additional Information

Current through Register 1525, July 5, 2024
The Secretary may request any additional information or
				documentation she considers relevant to her evaluation or approval of the
				Economic Development Proposal, including any additional Commitments that may be
				required in order to confirm the estimated amount of New Revenues or New State
				Tax Revenues upon which any final approval of the Economic Development Proposal
				would be based. The Developer and the Municipality shall promptly provide any
				such information or documentation requested to the extent it is
				available.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 51.00 - Generating New State Tax Revenues And Local Tax Revenues By Stimulating Sustainable Economic Development Through Infrastructure Improvements › Section 51.16 - Final Approval

Current through Register 1525, July 5, 2024
If the criteria and requirements for an Economic Development
				Proposal set forth in St. 2006, c. 293, §§ 5 through 12, as amended
				by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238,
				§§ 60 through 63, and in
				801 CMR 51.00 are satisfied,
				the Secretary may approve and certify the Economic Development Proposal by
				filing a certificate with the Department, the Agency and the Treasurer
				declaring the Economic Development Proposal to be a certified Economic
				Development Proposal. If the Economic Development Project is a Phased Project,
				the Secretary's approval and certification shall clearly state the phase or
				phases of the Economic Development Project for which such approval and
				certificate relate. Any approval and certification of an Economic Development
				Proposal shall be conditioned upon execution of the related Infrastructure
				Development Assistance Agreement in form consistent with St. 2006, c. 293,
				§§ 5 through 12, as amended by St. 2008, c. 129, §§ 2
				through 17 and St. 2012, c. 238, §§ 60 through 63, and
				801 CMR 51.00 and otherwise
				satisfactory to the Secretary and may be subject to any other conditions the
				Secretary determines to be necessary or desirable.
The Secretary reserves the right, in the Secretary's sole
				discretion, to waive any of the criteria or requirements for approval of an
				Economic Development Proposal stated in
				801 CMR 51.00 that are not
				statutorily required by St. 2006, c. 293, §§ 5 through, as amended by
				St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§
				60 through 63, and the Secretary reserves the right to reject any Economic
				Development Proposal.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 52.00 - Municipal Health Insurance › Section 52.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
(a)
									801 CMR 52.00 carries out the process by which political subdivisions elect to change health insurance benefits under M.G.L. c. 32B, §§ 21 through 23.
(b) The process set forth in 801 CMR 52.00 shall be followed each time a political subdivision elects to change health insurance benefits under the process authorized by M.G.L. c. 32B, §§ 21 through 23 (the implementation process), except that acceptance under M.G.L. c. 32B, § 21(a) need only occur once.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 52.00 - Municipal Health Insurance › Section 52.03 - The Implementation Notice

Current through Register 1525, July 5, 2024
The appropriate public authority shall give the written notice required in M.G.L. c. 32B, § 21(b) to the insurance advisory committee in accordance with 801 CMR 52.02(2)(a)  and, not later than two business days following the appropriate public authority's receipt of notice of the representatives of the public employee committee under 801 CMR 52.02(2)(d), to each public employee committee representative identified by the collective bargaining units and the RSCME. The notice shall include the following information:
(a) the proposed changes to the political subdivision's health insurance benefits, including:
1. a description of the political subdivision's current health insurance plans and each plan's co-pays, deductibles and other cost-sharing plan design features, enrollment (broken out by enrollment in individual, individual plus one, and family plans), annual premium total cost, and percentage of premium total cost paid by political subdivision;
2. a description of the proposed changes, including:
a. the earliest practical date for implementing the changes under law;
b. each plan to be offered, and the projected enrollment under each plan, including continued projected enrollment for subscribers covered by existing collective bargaining agreements that specify plan design features; retirees enrolled and being transferred for the first time to Medicare under M.G.L. c. 32B, § 18A and Medicare supplemental health insurance plans; and subscribers moved to the new, proposed insurance plans; and
c. the proposed dollar amounts for each plan's co-pays, deductibles and other cost-sharing plan design features. A proposal shall not include a health benefit plan design feature which seeks to achieve premium savings by offering a limited network of providers unless the appropriate public authority also offers a health benefit plan to all subscribers that does not contain a limited network of providers.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 52.00 - Municipal Health Insurance › Section 52.04 - The 30-day Negotiation Period

Current through Register 1525, July 5, 2024
(1) The 30 (calendar) day negotiation period
			 shall commence when each member of the public employee committee has received
			 the implementation notice, with the information required under
			 801 CMR
			 52.03, in the manner specified under
			 801 CMR
			 52.01(3).
(2) The negotiations between the public
			 employee committee and the appropriate public authority may include all aspects
			 of the public authority's proposal. The parties are encouraged to negotiate in
			 good faith.
(3) The public
			 authority shall not implement any changes in health insurance benefits during
			 negotiations absent mutual agreement of the public employee committee and the
			 appropriate public authority.
(4)
			 Any agreements reached between the public employee committee and the
			 appropriate public authority shall be reduced to writing, and executed by the
			 parties within the 30-day period.
A written agreement shall include the plan design changes or
				transfer to the Commission, the process to notify subscribers of the changes,
				the timeframe to implement the changes and the mitigation plan. The same
				information required for the appropriate public authority's proposal under
				801 CMR
				52.03 shall be included in the agreement or
				in a separate document accompanying it. The appropriate public authority shall
				send a copy of the agreement and other documents accompanying it to the
				Secretary within three business days after execution of the agreement, and
				shall send notice to the health insurance review panel created under
				801 CMR
				52.05 that there is no need for its
				services.
(5) All
			 subscribers shall be provided with at least 60 days advance notice in
			 accordance with M.G.L. c. 175, § 24B, of any changes in plan design,
			 including an agreement to transfer to the Commission. Notice shall not be
			 effective until the changes are included in a written agreement between the
			 appropriate public authority and the public employee committee under 801 CMR
			 52.04(5) or a written decision of the review panel under
			 801 CMR
			 52.06.
(6) If the appropriate public authority and
			 the public employee committee are able to reach a written agreement within 30
			 calendar days, the agreement shall be binding on all subscribers and their
			 representatives, and the public authority shall implement the changes agreed to
			 in the written agreement as quickly as practicable and in observance of the
			 60-day notice requirement identified above in 801 CMR 52.04(5).
(7) If the change is to transfer subscribers
			 to the Commission, the notice shall include information about the Commission
			 plans, the enrollment process, and any other information specified by the
			 Commission in
			 805 CMR
			 8.00:
Municipal Health Coverage
issued under M.G.L. c. 32B, § 23 relating to the process by which
			 subscribers shall be transferred to the Commission.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 52.00 - Municipal Health Insurance › Section 52.05 - Health Insurance Review Panel

Current through Register 1525, July 5, 2024
(1)
Creation of the Panel.
(a) The appropriate public authority shall
			 notify the Secretary by email within three business days after the beginning of
			 the 30-day negotiation period under
			 801 CMR
			 52.04. The notice shall include the start and
			 end dates of the 30-day negotiation period, and the name and contact
			 information of the public authority's representative for the health insurance
			 review panel. The appropriate public authority shall provide each member of the
			 public employee committee with a copy of the notice to the Secretary.
(b) Within three business days after
			 receiving copies of notice to the Secretary under 801 CMR 52.05(1)(a), the
			 public employee committee shall select one representative for the panel and
			 give notice to the appropriate public authority and the Secretary. If the
			 public employee committee does not select a representative within three days,
			 the representative shall be deemed to be the member of the public employee
			 committee who represents the collective bargaining unit with the largest number
			 of subscribers. Within ten days after receiving notice from the public employee
			 committee, or, if no such notice is received, within 13 days of receiving
			 notice from the appropriate public authority, the Secretary shall provide the
			 appropriate public authority, the public employee committee, and the designated
			 panel representatives (the parties) with a list (the list) of three qualified,
			 impartial potential members available to serve on the review panel. Impartial
			 members shall have professional experience in dispute mediation and
			 professional experience in municipal finance or municipal health benefits. The
			 Secretary shall also provide the parties with the name of an actuary selected
			 by the Commission to assist the panel in verifying the savings calculations if
			 no agreement is reached within the 30-day period and a panel is
			 convened.
(c) Within three business
			 days after receiving the list, the appropriate public authority and the public
			 employee committee shall jointly select the third member for the panel from the
			 list and shall notify the Secretary of their joint selection.
(d) If the appropriate public authority and
			 the public employee committee cannot agree within three business days on which
			 person from the list to select as the third member of the review panel, the
			 notice by the public authority to the Secretary shall include notification that
			 the parties have been unable to reach agreement on the selection of a name from
			 the list of potential impartial panel members. If the public authority and the
			 public employee committee cannot agree, the Secretary shall appoint the
			 impartial member from the list and notify the parties not later than the end of
			 the 30-day negotiation period.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 52.00 - Municipal Health Insurance › Section 52.07 - Implementation of Agreements Reached Pursuant to M.G.L. c. 32B, Sections 21 Through 23

Current through Register 1525, July 5, 2024
(1) Subject to St. 2011, c. 69, § 4, a political subdivision shall implement changes to benefits for all subscribers as soon as practicable upon completing the process provided in M.G.L. c. 32B, § 21 and 801 CMR 52.00, but the public authority shall give subscribers at least 60 days notice before implementing any changes in health insurance benefits under 801 CMR 52.00. Implementation of changes under M.G.L. c. 32B, § 22 shall occur not later than 90 days after a written agreement has been signed under 801 CMR 52.04 or 52.06 or, if the appropriate public authority and the public employee committee mutually determine that a mid-year change time would produce an undue burden, at the end of the current health insurance policy year. Implementation of transfer of subscribers to the commission shall be in accordance with the Commission's procedures. If a political subdivision provides notice to the commission by October 1, 2011 that it is transferring its subscribers to the commission and complies with the notice requirements provided by the Commission, the Commission shall allow the political subdivision to transfer its subscribers to the commission on or before January 1, 2012.
(2) A political subdivision whose subscribers are currently covered by the commission shall not implement changes under this procedure until it has followed the procedure for withdrawal from coverage by the commission under the process set forth in 805 CMR 8.00:
Municipal Health Coverage
.
(3) If a political subdivision initiated the process for implementing changes in its group health insurance benefits under M.G.L. c. 32B, §§ 21 through 23 before August 12, 2011 and has proceeded in a manner inconsistent with any provision of 801 CMR 52.00, the Secretary may waive or modify those inconsistent provisions for that political subdivision provided that the political subdivision comply with all requirements of M.G.L. c. 32B, §§ 21 through 23. An appropriate public authority shall seek such waiver from the Secretary in writing, with a copy to the public employee committee. Any member of the public employee committee may present the Secretary with its position on the waiver request within three business days of receipt of the request.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 53.00 - Accountability And Transparency For State Authorities › Section 53.01 - Application, Purpose, Effective Date and Authority

Current through Register 1525, July 5, 2024
(1)
Application
.
			 801 CMR 53.00 shall apply to
			 state authorities as defined in
			 801 CMR
			 53.02.
(2)
Purpose
. The
			 purpose of
			 801 CMR 53.00 is to carry out
			 M.G.L. c. 29, § 29K by ensuring accountability and transparency for state
			 authorities.
(3)
Authority
.
			 801 CMR 53.00 is adopted
			 under the authority of M.G.L.c. 29, §29K(f).
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 53.00 - Accountability And Transparency For State Authorities › Section 53.02 - Definitions

Current through Register 1525, July 5, 2024
As used in M.G.L. c. 29, § 29K and
				801 CMR 53.00, the following
				terms shall have the following meanings:
Executive
. The authority's chief
				executive officer (including an executive director), chief financial officer,
				general counsel, and the other senior executives of the authority as determined
				by its compensation committee.
Highly Compensated Employees
.
				Employees whose salary exceeds that of the Governor.
Meet Independently of Management
. Hold
				a meeting that no executive or other manager of the authority shall
				attend.
State Authority
. A state authority as
				defined in M.G.L. c. 29, § 1, except the Massachusetts Department of
				Transportation, which under M.G.L. c. 6C, § 15 is governed by many of the
				statutes that apply to state agencies. The Massachusetts Bay Transportation
				Authority is a state authority.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 53.00 - Accountability And Transparency For State Authorities › Section 53.03 - Audits and Financial Reports

Current through Register 1525, July 5, 2024
(1)
(a) Each state authority shall establish an
			 audit committee that shall meet independently of management at least once per
			 calendar year, retain an independent auditor and hear the results of the annual
			 audit. A state authority may rely upon an audit required by any general or
			 special law in meeting the requirements of 801 CMR 53.03(1)(a).
(b) In addition, each state authority that
			 receives total appropriations from the commonwealth equal to or in excess of
			 $500,000 in any fiscal year shall, on an annual basis, conduct an audit of
			 those funds to confirm that those funds were expended according to their
			 intended purpose. Each such audit shall be conducted by an independent auditor
			 and shall be filed with the state Auditor for examination, review and
			 comment.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 53.00 - Accountability And Transparency For State Authorities › Section 53.04 - Executive Compensation and Severance

Current through Register 1525, July 5, 2024
(1) Each state authority shall establish a
			 compensation committee, which shall:
(a)
			 determine which employees of the authority are executives under
			 801 CMR
			 53.02;
(b) meet independently of management at least
			 once per calendar year and evaluate and establish compensation for all
			 authority executives, including, but not limited to, base salary, bonuses,
			 severance, retirement or deferred compensation packages and policies relative
			 to the accrual and payment of sick and vacation time, including payouts for
			 unused sick and vacation time. In establishing executive compensation, the
			 compensation committee shall analyze and assess comparable compensation for
			 positions with similar functions and responsibilities at state agencies and
			 authorities, as well as for-profit and nonprofit private-sector employers;
			 and
(c) establish policies that the
			 chief executive officer shall apply in fixing the compensation of other
			 authority employees.