reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.14 - Responsibility of Staff

Current through Register 1525, July 5, 2024
(1)
Confidentiality
It shall be the responsibility of the
			 Inspector General and his staff to ensure proper confidentiality of information
			 concerning matters under investigation, audit or review by the Office pursuant
			 to the requirements of M.G.L. c. 12A.
(2)
Conduct
Employees shall not engage in any conduct which reflects unfavorably upon the
			 Office of Inspector General. They shall perform their official duties at all
			 times with complete fairness and impartiality. Employees are prohibited from
			 engaging in any conduct which is intended to secure private gain, give
			 preferential treatment to any person or prevent any person from securing
			 benefits to which he is entitled. Employees are further prohibited from
			 engaging in any conduct which creates or tends to create the impression that
			 they will use their office for these purposes.
(3)
Personnel
			 Regulations
All employees of the Office shall abide by the
			 provisions of the Personnel Regulations issued by the Inspector
			 General.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.15 - Amendment or Repeal of 945 CMR 1.00

Current through Register 1525, July 5, 2024
The Inspector General may seek amendment or repeal of
				945 CMR
				1.00 or any section thereof in accordance with the
				procedures of M.G.L. c. 30A or M.G.L. c. 12A, § 6. Recommendations of the
				Inspector General as to amendment, repeal, or other change in these Rules shall
				be included in the annual report filed by the Inspector
				General.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 2.00 - Notice To Proceed To Use The Construction Manager At Risk Alternative Delivery Method For Public Building Construction Contracts Pursuant To MGL c. 149a, Sections 1 Through 11 › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				945 CMR 2.00 is to establish
				standardized policies and procedures for obtaining a Notice to Proceed to use
				the construction management at risk delivery method on public building
				projects.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 2.00 - Notice To Proceed To Use The Construction Manager At Risk Alternative Delivery Method For Public Building Construction Contracts Pursuant To MGL c. 149a, Sections 1 Through 11 › Section 2.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
945 CMR 2.00 applies to
				awarding authorities who request from the Office of the Inspector General a
				Notice to Proceed to use the Construction Management at Risk delivery method
				for specific projects for the construction, reconstruction, installation,
				demolition, maintenance, or repair of any public building estimated to cost $5
				million or more.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 2.00 - Notice To Proceed To Use The Construction Manager At Risk Alternative Delivery Method For Public Building Construction Contracts Pursuant To MGL c. 149a, Sections 1 Through 11 › Section 2.03 - Definitions

Current through Register 1525, July 5, 2024
The following terms used in
				945 CMR 2.00 have the meanings
				given in 945 CMR 2.03, unless the context clearly requires another
				meaning.
Application to Proceed
, the
				information submitted to the Office of the Inspector General in order to
				receive a Notice to Proceed to use the construction management at risk delivery
				method.
Awarding Authority
, a public agency as
				defined in M.G.L. c. 149, § 44A undertaking a Building Project, except
				exempt agencies as defined by M.G.L. c. 149A, § (4)(d).
Completion
, the definition pursuant to
				810 CMR 3.01
Notice to Proceed
, the written
				approval issued by the Inspector General based on the Procedures and a review
				of information submitted in the application to proceed that an awarding
				authority has met the requirements as prescribed by the Inspector General and
				may proceed to use the construction management at risk delivery method for a
				specific building project.
Inspector General,
or
Office of the Inspector General
, independent state
				agency.
Procedures
, the written requirements
				as may be prescribed by the Inspector General, including standards, policies,
				and guidelines for receiving a Notice to Proceed to use the construction
				management at risk delivery method.
Public Agency
, shall have the same
				meaning as found in M.G.L. c. 149, § 44A;
Summary Report
, a form to be submitted
				by the awarding authority to the Office of the Inspector General upon
				completion of a building project describing the experience of the awarding
				authority with the construction manager at risk delivery method;
Written Determination
, a written
				determination by an awarding authority that the awarding authority has
				determined that the use of construction management at risk services is
				appropriate for the building project and the reasons for the
				determination.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 2.00 - Notice To Proceed To Use The Construction Manager At Risk Alternative Delivery Method For Public Building Construction Contracts Pursuant To MGL c. 149a, Sections 1 Through 11 › Section 2.04 - Application to Proceed

Current through Register 1525, July 5, 2024
(1)
Submission of Application to Proceed
. An awarding
			 authority requesting to receive a Notice to Proceed to use the construction
			 management at risk (CM at Risk) delivery method for a building project that has
			 an estimated construction value of $5 million or more must submit a detailed
			 application to proceed to the Office of the Inspector General.
(2)
Content of
			 Application
. The application to proceed will require the awarding
			 authority to submit a written determination that the awarding authority has
			 determined that the use of construction management at risk services is
			 appropriate for the building project and the reasons for the determination. In
			 addition, the awarding authority will be required to provide information
			 regarding:
(a) the building project
(b) the estimated construction cost
(c) the awarding authority's authorization to
			 enter into a contract with a construction management at risk firm,
(d) the awarding authority's capacity, plan
			 and procedures to effectively procure and manage the project,
(e) the owner's project manager retained by
			 the awarding authority,
(f) the
			 designer retained by the awarding authority, and
(g) the awarding authority's procedures to
			 ensure fairness in competition, evaluation, selection, and reporting.
Other information may be requested in accordance with the
				Procedures to assist the Office of the Inspector General in making a
				determination as to whether an awarding authority will receive a Notice to
				Proceed.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 2.00 - Notice To Proceed To Use The Construction Manager At Risk Alternative Delivery Method For Public Building Construction Contracts Pursuant To MGL c. 149a, Sections 1 Through 11 › Section 2.05 - Procedures

Current through Register 1525, July 5, 2024
(1)
Establishment of Procedures
. The Office of the Inspector General shall establish procedures that specify the requirements and conditions that an awarding authority must meet to be issued a Notice to Proceed.
Content of Procedures
. The Procedures shall include the standards as prescribed by the Inspector General that an awarding authority must meet to obtain a notice to proceed, the policies that the Office of the Inspector General will use in a review of the application to proceed, and the specific procedures that an awarding authority must follow to obtain a notice to proceed.
(2)
General Information
. The Procedures shall include general information on the construction management at risk delivery method of public construction.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 2.00 - Notice To Proceed To Use The Construction Manager At Risk Alternative Delivery Method For Public Building Construction Contracts Pursuant To MGL c. 149a, Sections 1 Through 11 › Section 2.06 - Review of Application to Proceed

Current through Register 1525, July 5, 2024
(1)
Initial Review
.
			 Upon receipt of an application to proceed, the Office of the Inspector General
			 will review the application to proceed and other information submitted, and
			 will inform the applicant in writing within 15 working days whether the
			 application is complete.
(2)
Review
. The Office of the Inspector General will
			 render a decision regarding use of the construction management at risk delivery
			 method within 60 days from the date the complete application is submitted to
			 the Office.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 2.00 - Notice To Proceed To Use The Construction Manager At Risk Alternative Delivery Method For Public Building Construction Contracts Pursuant To MGL c. 149a, Sections 1 Through 11 › Section 2.07 - Notice to Proceed

Current through Register 1525, July 5, 2024
(1)
Issuance of Notice to Proceed
. The Inspector General
			 shall issue a Notice to Proceed to use construction management at risk services
			 to an awarding authority once the awarding authority has met the requirements
			 as prescribed by the Inspector General. At a minimum, the awarding authority
			 will be required to demonstrate that it has the authority and capacity to
			 proceed; that it has a plan and procedures to effectively procure and manage
			 the project; that it has retained a qualified owner's project manager; that it
			 has retained a qualified designer; and, that it has procedures to ensure
			 fairness in competition, evaluation, selection, and reporting.
(2) After receiving a notice to proceed, an
			 awarding authority may use the construction management at risk delivery method.
			 The awarding authority shall procure a construction management at risk firm in
			 a manner consistent with M.G.L. c. 149A, § 5 through 11 and
			 945 CMR 2.00.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 2.00 - Notice To Proceed To Use The Construction Manager At Risk Alternative Delivery Method For Public Building Construction Contracts Pursuant To MGL c. 149a, Sections 1 Through 11 › Section 2.08 - Denial of Notice to Proceed

Current through Register 1525, July 5, 2024
(1) If an
			 awarding authority fails to meet the requirements prescribed by the Inspector
			 General, the Inspector General shall decline to issue a Notice to Proceed. If
			 the Inspector General declines to issue a Notice to Proceed, the Office of the
			 Inspector General shall provide in writing to the awarding authority the
			 reason(s) for the decision.
(2) An
			 awarding authority not receiving a Notice to Proceed may resubmit a detailed
			 application upon correcting or responding to the reason(s) provided to the
			 awarding authority by the Office of the Inspector General. The Office of the
			 Inspector General shall review the resubmitted application in accordance with
			 the Procedures. If the awarding authority meets the requirements and
			 conditions, the Office shall issue a Notice to Proceed.
(3) The Inspector General shall decline to
			 issue a Notice to Proceed to an awarding authority that has failed to provide
			 complete and accurate answers to all questions in the application to proceed
			 and all other information and documentation required by the Office of the
			 Inspector General. Providing false or misleading information or failure to
			 provide all required information will be considered grounds for
			 denial.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 2.00 - Notice To Proceed To Use The Construction Manager At Risk Alternative Delivery Method For Public Building Construction Contracts Pursuant To MGL c. 149a, Sections 1 Through 11 › Section 2.09 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1)
Summary Report
. An awarding authority shall submit to
			 the Office of the Inspector General a summary report on the CM at Risk project
			 within 70 days from completion of the building project or termination of the
			 contractor on the CM at Risk building project.
(2) The summary report shall be completed in
			 a form prescribed by the Inspector General's Office.
(3) The summary report shall be a public
			 record.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 3.00 - Notice To Proceed To Use Design Build For Public Works Construction Contracts Pursuant To MGL c. 149a, Sections 15 Through 21 › Section 3.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				945 CMR 3.00 is to establish
				standardized policies and procedures for obtaining a Notice to Proceed to use
				the design build delivery method on public works projects.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 3.00 - Notice To Proceed To Use Design Build For Public Works Construction Contracts Pursuant To MGL c. 149a, Sections 15 Through 21 › Section 3.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
945 CMR 3.00 applies to
				awarding authorities who request from the Office of the Inspector General a
				Notice to Proceed to use the Design Build delivery method for specific projects
				for the construction, reconstruction, alteration, remodeling or repair of a
				public works project by an awarding authority and estimated by the awarding
				authority to cost $5 million or more.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 3.00 - Notice To Proceed To Use Design Build For Public Works Construction Contracts Pursuant To MGL c. 149a, Sections 15 Through 21 › Section 3.03 - Definitions

Current through Register 1525, July 5, 2024
The following terms used in
				945 CMR 3.00 have the meanings
				given in 945 CMR 3.03, unless the context clearly requires another
				meaning.
Application to Proceed
, the
				notification and information submitted to the Office of the Inspector General
				in order to receive a Notice to Proceed to use the design build delivery
				method.
Awarding Authority
, as defined by
				M.G.L. c. 149A, § 15, except exempt agencies as defined by M.G.L. c. 149A,
				§ 16(d).
Notice to Proceed
, the written
				approval issued by the Inspector General based on the Procedures and a review
				of information submitted in the application to proceed that an awarding
				authority has met the requirements as prescribed by the Inspector General and
				may proceed to use the design build delivery method for a specific public works
				project.
Inspector General
, or
Office of the Inspector General
, independent state
				agency.
Procedures
, the written requirements
				as may be prescribed by the Inspector General, including standards, policies,
				and procedures for receiving a Notice to Proceed to use the design build
				delivery method.
Written Determination
, a written
				determination by an awarding authority that the awarding authority has
				determined that the use of design build is appropriate for the public works
				project and the reasons for the determinaton.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 3.00 - Notice To Proceed To Use Design Build For Public Works Construction Contracts Pursuant To MGL c. 149a, Sections 15 Through 21 › Section 3.04 - Application to Proceed

Current through Register 1525, July 5, 2024
(1)
Submission of Application to Proceed
. An awarding
			 authority requesting to receive a Notice to Proceed to use the Design Build
			 delivery method for a public works project that has an estimated construction
			 value of $5 million or more must submit a detailed application to
			 proceed.
(2)
Content of
			 Application
. The application to proceed will require the awarding
			 authority to submit a written determination that the awarding authority has
			 determined that the use of design build is appropriate for the public works
			 project and the reasons for the determination. In addition, the awarding
			 authority will be required to provide information regarding:
(a) the public works project;
(b) the estimated construction
			 cost;
(c) the awarding authority's
			 authorization to enter into a contract for a design build;
(d) the awarding authority's capacity, plan
			 and procedures to effectively procure and manage a design build entity for the
			 specific project;
(e) the design
			 professional retained to provide technical assistance and consulting services;
			 and
(f) the awarding authority's
			 procedures to ensure fairness incompetition, evaluation, selection, and
			 reporting.
Other information may be requested in accordance with the
				Procedures to assist the Office of the Inspector General in making a
				determination as to whether an awarding authority will receive a Notice to
				Proceed.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 3.00 - Notice To Proceed To Use Design Build For Public Works Construction Contracts Pursuant To MGL c. 149a, Sections 15 Through 21 › Section 3.05 - Procedures

Current through Register 1525, July 5, 2024
(1)
Establishment of Procedures
. The Office of the Inspector General shall establish Procedures that specify the requirements and conditions that an awarding authority must meet to be issued a Notice to Proceed.
Content of Procedures
. The Procedures shall include the standards as prescribed by the Inspector General that an awarding authority must meet to obtain a notice to proceed, the policies that the Office of the Inspector General will use in a review of the application to proceed, and the specific procedures that an awarding authority must follow to obtain a notice to proceed.
(2)
General Information
. The Procedures shall include general information on the design build delivery method of public construction.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 3.00 - Notice To Proceed To Use Design Build For Public Works Construction Contracts Pursuant To MGL c. 149a, Sections 15 Through 21 › Section 3.06 - Review of Application to Proceed

Current through Register 1525, July 5, 2024
(1)
Initial Review
.
			 Upon receipt of an application to proceed, the Office of the Inspector General
			 will review the application to proceed and other information submitted, and
			 will inform the applicant in writing within 15 working days whether the
			 application is complete.
(2)
Review
. The Office of the Inspector General will
			 render a decision regarding using design build within 60 days from the date the
			 complete application is submitted to the Office.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 3.00 - Notice To Proceed To Use Design Build For Public Works Construction Contracts Pursuant To MGL c. 149a, Sections 15 Through 21 › Section 3.07 - Notice to Proceed

Current through Register 1525, July 5, 2024
(1)
Issuance of Notice to Proceed
. The Inspector General
			 shall issue a Notice to Proceed to use design build to an awarding authority
			 once the awarding authority has met the requirements as prescribed by the
			 Inspector General. At a minimum, the awarding authority will be required to
			 demonstrate that it has the authority and capacity to proceed; that it has a
			 plan and procedures to effectively procure and manage the project; that it has
			 retained a qualified designer; and, that it has procedures to ensure fairness
			 in competition, evaluation, selection, and reporting.
(2) After receiving a notice to proceed, an
			 awarding authority may use design build for the specific public works project.
			 The awarding authority shall procure a design build firmina manner consistent
			 with M.G.L. c. 149A, §§ 17 through 20 and
			 945 CMR 3.00.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 3.00 - Notice To Proceed To Use Design Build For Public Works Construction Contracts Pursuant To MGL c. 149a, Sections 15 Through 21 › Section 3.08 - Denial of Notice to Proceed

Current through Register 1525, July 5, 2024
(1) If an
			 awarding authority fails to meet the requirements prescribed by the Inspector
			 General, the Inspector General shall decline to issue a Notice to Proceed. If
			 the Inspector General declines to issue a Notice to Proceed, the Office of the
			 Inspector General shall provide in writing to the awarding authority the
			 reason(s) for the decision.
(2) An
			 awarding authority not receiving a Notice to Proceed may resubmit a detailed
			 application upon correcting or responding to the reason(s) provided to the
			 awarding authority by the Office of the Inspector General. The Office of the
			 Inspector General shall review the resubmitted application in accordance with
			 the Procedures. If the awarding authority meets the requirements and
			 conditions, the Office shall issue a Notice to Proceed.
(3) The Inspector General shall decline to
			 issue a Notice to Proceed to an awarding authority that has failed to provide
			 complete and accurate answers to all questions in the application to proceed
			 and all other information and documentation required by the Office of the
			 Inspector General. Providing false or misleading information or failure to
			 provide all required information will be considered grounds for
			 denial.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 2.00 - Disposition Of State Surplus Lands › Section 2.01 - Preamble

Current through Register 1525, July 5, 2024
The Government Land Bank ("Bank"), pursuant to St. 1975, c. 212, as amended ("Enabling Act"), may dispose of state surplus land or an interest therein ("State Surplus Lands") to any persons, including without limitation governmental agencies and instrumentalities and private persons or entities, whether for profit or not-for-profit, to the extent allowable by the Enabling Act, and other applicable law, and consistent with a redevelopment plan approved pursuant to the Enabling Act ("Redevelopment Plan"). Prior to such disposition, the Bank shall undertake an independent determination of the value of the State Surplus Lands through procedures customarily accepted by the appraising profession as valid for determining property value ("Appraisal"). If the consideration for the State Surplus Lands is to be less than the value as determined by an Appraisal, notices of this difference shall be disclosed in the Central Register published by the Secretary of State and given to the House and Senate Ways and Means Committees prior to such disposition. Additionally, if a formal competitive process will not be the method utilized for the disposition of State Surplus Lands to a private person or entity, the Bank shall disclose the reasons therefore in said Central Register prior to such disposition.
The decision by the Bank, when utilizing a competitive disposition process, to convey or transfer State Surplus Lands to any private person or entity must be based on an evaluation of proposals pursuant to the following regulations.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 2.00 - Disposition Of State Surplus Lands › Section 2.02 - Selection of Development Proposals for State Surplus Lands

Current through Register 1525, July 5, 2024
946 CMR 2.00 sets forth the criteria by which the Bank will determine the acceptability of proposals from private individuals or entities for the development of State Surplus Lands being disposed of by the Bank when utilizing a competitive disposition process.
946 CMR 2.00 also articulate the method by which decisions related to such dispositions shall be made.
All selection criteria will be articulated and included in any request for proposals ("RFP") regarding Surplus State Lands being disposed of by the Bank through a competitive process.
The selection criteria are divided into three sections. 946 CMR 2.03(1)  lists threshold criteria which must be satisfactorily included in a proposal in order for that proposal to receive further consideration. 946 CMR 2.03(2)  lists performance criteria that will determine which of the proposals meeting the threshold criteria is most advantageous for the Bank and the Commonwealth. 946 CMR 2.03(3)  lists the price and terms to be paid for the interest being disposed of by the Bank.
Due to the diverse nature of State Surplus Lands that may be disposed of pursuant to 946 CMR 2.00, as well as the types of development proposals to be considered with regard thereto, it may be necessary, on a case by case basis, to add or delete threshold and performance criteria, or to shift criteria listed as performance criteria into the category of threshold criteria or vice versa. Any such variance in the criteria categories and the reasons therefore shall be articulated in writing in the specific RFP.
All RFP's prepared by the Bank in connection with the disposition of State Surplus Lands utilizing a competitive process will indicate which of the performance criteria reflect areas of greatest concern and hence will be given greater consideration than others.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 2.00 - Disposition Of State Surplus Lands › Section 2.03 - Criteria

Current through Register 1525, July 5, 2024
(1)
Threshold Criteria
(a) A development proposal must comply with:
1. The development scheme contained in the Redevelopment Plan, including specific requirements set forth therein (minimum parking requirements, etc.);
2. Use restrictions imposed by the Department of Capital Planning and Operations ("DCPO") and the General Court; and
3. Requirements of the RFP distributed for the subject property;
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 2.00 - Disposition Of State Surplus Lands › Section 2.04 - Evaluation of Proposals

Current through Register 1525, July 5, 2024
(1) The Executive Director of the Bank shall be responsible for the evaluation of the proposals on the basis of the threshold and performance criteria. These evaluations shall specify in writing to the Board of Directors of the Bank:
(a) for each evaluation criterion, a rating of each proposal as highly advantageous, advantageous, not advantageous or unacceptable;
(b) a composite rating for each proposal, and the reasons for the rating; and
(c) revisions which should be obtained by negotiation prior to accepting the proposal.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
(1)
Authority
. 946 CMR 3.00
et seq
. is promulgated pursuant to the authority of Massachusetts Development Finance Agency under St. 1998, c. 463 and St. 1998, c. 289, § 24, and M.G.L. c. 23G, § 29A.
(2)
Purpose
. The purpose of 946 CMR 3.00 is to establish the terms, procedures and standards which the MassDevelopment shall employ to:
(a) process Applications,
(b) make lending decisions;
(c) safeguard the Fund; and
(d) accomplish the purposes of the Fund.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.03 - Purposes and Objectives of the Fund

Current through Register 1525, July 5, 2024
The public purposes and objectives of the Fund are set forth in St. 1998, c. 463 and include, but are not limited to, the following:
(a) to encourage economic development in Economically Distressed Areas of the Commonwealth by providing Loans and Grants to finance Environmental Site Assessments and Environmental Cleanup Actions;
(b) to defray costs incurred in the administration of the Fund; and
(c) to purchase with funds not immediately required for use pursuant to 946 CMR 3.03(1) and (2), such securities as may be lawful investments for fiduciaries in the Commonwealth.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.04 - Loans From the Fund

Current through Register 1525, July 5, 2024
MassDevelopment may make and administer Loans from the Fund to finance Environmental Site Assessments and Environmental Cleanup Actions, in accordance with the following provisions:
(1)
General Provisions.
(a) No Loan shall be given unless:
1. the Borrower submits an Application in accordance with 946 CMR 3.06; and
2. the Borrower, in MassDevelopment's opinion, satisfies the requirements and criteria contained in 946 CMR 3.04 and 3.06.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.05 - Grants from the Fund

Current through Register 1525, July 5, 2024
MassDevelopment may give and administer Grants from the Fund to finance Environmental Site Assessments and Environmental Cleanup Actions in accordance with the following provisions:
(1)
General Provisions.
(a) A Grant shall be awarded only to a city or town, redevelopment authority, redevelopment agency, economic development and industrial corporation, community development corporation or an economic development authority.
(b) No Grant shall be awarded unless:
1. the Recipient submits an Application in accordance with 946 CMR 3.06; and
2. the Recipient, in MassDevelopment's opinion, satisfies the requirements and criteria contained in 946 CM 3.05 and 3.06.
(c) No Grant shall be awarded to finance an Environmental Site Assessment or an Environmental Cleanup Action that is eligible for funding under M.G.L.c. 21J. Eligibility under M.G.L. c. 21J shall be evidenced by the issuance of a Certificate of Eligibility in accordance with 503 CMR 2.00
et seq
.
(d) No Grant shall be awarded unless the Recipient contributes a Requisite Match in an amount equal to 20% or greater of the Grant amount toward the financing of the Project.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.06 - Eligibility Requirements for Loans and Grants

Current through Register 1525, July 5, 2024
(1)
Overview.
(a) Loans and Grants shall only be made by MassDevelopment to a Borrower or a Recipient if MassDevelopment determines that
1. the Borrower or Recipient satisfies the requirements and criteria contained in 946 CMR 3.04, 3.05, and 3.06, as applicable; and
2. the Project satisfies the requirements and criteria contained in 946 CMR 3.06 and qualifies as an Eligible Project, as applicable.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.07 - Fees

Current through Register 1525, July 5, 2024
MassDevelopment may charge the following fees in connection with processing Applications and administering Loans and Grants.
(1)
Application Fee
. MassDevelopment may charge an Application fee payable to MassDevelopment in an amount to be determined by MassDevelopment and set forth in the Fund Guidelines. The commitment fee shall be non-refundable, unless waived by MassDevelopment.
(2)
Commitment Fee
. MassDevelopment may require that a commitment fee in an amount to be determined by MassDevelopment and set forth in the Fund Guidelines be paid to MassDevelopment within 30 days of MassDevelopment's issuance of a commitment letter. The commitment fee shall be non-refundable, unless waived by MassDevelopment.
(3)
Closing Fees
. The Applicant may be required to reimburse the Fund for any and all direct expenses incurred by the Fund or MassDevelopment through the actual funding of the Loan or the Grant and any required follow-up to the funding. The expenses subject to reimbursement shall include without limitation, the costs incurred in connection with:
(a) appraisals;
(b) market studies;
(c) legal costs;
(d) engineering, architectural and environmental consultant costs; and
(e) any other third party costs deemed necessary or appropriate by MassDevelopment.
This reimbursement of expenses shall constitute the closing fees and shall be due no later than the date on which the Loan or Grant is funded.
If, for any reason, an Eligible Project is cancelled, terminated, or otherwise suspended before the closing date, MassDevelopment may require that the Applicant reimburse the Fund or MassDevelopment any and all expenses incurred by the Fund or MassDevelopment to that date.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.08 - Administration and Management of the Fund

Current through Register 1525, July 5, 2024
(1)
General Provisions.
(a) The Fund shall be maintained as a separate financial and accounting fund of MassDevelopment. All assets of the Fund shall be held in the Fund and shall remain separate from all other funds of MassDevelopment.
(b) 30% of all monies administered from the Fund shall be used to make Grants and Loans to finance Environmental Site Assessments.
(c) All fees collected by MassDevelopment in connection with processing Applications and administering Loans and Grants shall be deposited into the Fund.
(d) The assets of the Fund may be used to reimburse MassDevelopment for any monies MassDevelopment advances in connection with Environmental Site Assessments or Environmental Cleanup Actions prior to the effective date of the Fund, provided the borrower or grant recipient, as the case may be, meets the threshold requirements of M.G.L. c. 463, § 24.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.09 - Brownfields Advisory Group

Current through Register 1525, July 5, 2024
(1) The Brownfields Advisory Group shall convene on a monthly basis at the offices of MassDevelopment in order to review actions taken by MassDevelopment with respect to the Fund and may make advisory recommendations regarding such action.
(2) A quorum of the members of the Brownfields Advisory Group must be in attendance in order to conduct a meeting.
(3) Members of the Brownfields Advisory Group may attend a meeting via teleconferencing.
(4) A chair of the Brownfields Advisory Group shall be elected by a majority of the members.
(5) The Brownfields Advisory Group shall assist MassDevelopment in the preparation of an annual report to be filed on March 15, 1999 and each year thereafter, in writing, and filed with the Governor, the Attorney General, the Commissioner of the Department of Environmental Protection, and the Clerks of the House of Representatives and the Senate, who shall forward the same to the President of the Senate, the Speaker of the House of Representatives, and the Chairmen of the House and Senate Committees on Ways and Means. The annual report shall include financial statements related to the effectiveness of the Fund based on the following criteria, as applicable:
(a) the number of Projects assisted through the Fund, with a specification of the amount of Loan or Grant awarded to each;
(b) the manner in which these Projects contribute to the economic and physical revitalization of the areas in which the Projects are located, and a description of steps taken by MassDevelopment to make the Application process efficient and manageable; and
(c) such other information that would provide a fair evaluation of the Fund and MassDevelopment's administration and management of the Fund.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.10 - Offices

Current through Register 1525, July 5, 2024
The principal office of the Fund shall be at 75 Federal Street, 10th Floor, Boston, Massachusetts 02110, or at such other place in the Commonwealth as the Board may determine. MassDevelopment may establish and maintain an additional office or offices at such place or places, either within or without the Commonwealth, as the MassDevelopment may determine.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.11 - Books and Records

Current through Register 1525, July 5, 2024
Except as the business of the Fund may require, all of the books and records of the Fund shall be kept at the Fund's principal office. Such books and records shall be available at all reasonable times for inspection by any Member of the Brownfields Advisory Group or the Board.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 3.00 - Brownfields Redevelopment Fund › Section 3.12 - Confidentiality

Current through Register 1525, July 5, 2024
(1) Pursuant to St. 1998, c. 289, § 24, St. 1998, c. 23G, § 2(e), and M.G.L. c. 66, § 10, certain documents, material and/or data submitted to MassDevelopment with or as part of an Application, or otherwise, shall be exempt from the provisions of state law which require the disclosure of agency records to the public if the subject documents, material and/or data consist of, in whole or in part, trade secrets or commercial or financial information related to the operation of any business conducted by the Applicant or other user of the Project.
(2) MassDevelopment shall not be required to disclose any such information which meets such definition hereunder. MassDevelopment shall, in its discretion, retain the ability to disclose any information provided to it by an Applicant unless the Applicant follows the procedure contained in 946 CMR 3.12(3).
(3) If an Applicant believes that certain documents, material and/or data submitted with the Application or otherwise meet the above criteria, the Applicant must, at the time of delivery or submission of the items:
(a) indicate and clearly identify those certain documents, material and/or data, or portions thereof, that qualify for the above exemption and that should not be disclosed to the public; and
(b) specify the reason(s) said documents, material and/or data meet the above criteria.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
946 CMR
				4.00 establishes the basic public safety rules within
				Devens. They are designed to provide peace and security for those individuals
				who work or live within this zone. They are similar in language and scope to
				the public safety ordinances employed by the cities and towns of the
				Commonwealth.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.03 - Compliance with 946 CMR 4.00

Current through Register 1525, July 5, 2024
Any permission granted by the Agency directly or indirectly,
				expressly or by implication, to any person or persons to enter upon or use of
				Devens or any part thereof (including persons doing business with the Agency,
				its lessees, sublessees, permittees, licensees, and all other persons whomever,
				whether or not of the type indicated) is conditioned upon compliance with
				946 CMR
				4.00, and entry upon or onto Devens or any part
				thereof by any person shall be deemed to constitute an agreement by such person
				to comply with
				946 CMR
				4.00.
The Executive Director, the Treasurer, the Chief Operating
				Officer, the Devens Operations Director, attorneys in the Office of the General
				Counsel and the Police are authorized to act for the Agency in connection with
				the enforcement of
				946 CMR
				4.00.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.05 - Public Drinking Prohibited

Current through Register 1525, July 5, 2024
No person shall drink any alcoholic beverages as defined in M.G.L. c. 138, § 1 within Devens while on, in or upon any public way or upon any way to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, or on any private land or place or that part of the Devens Properties not opened to the public, without the consent of the owner or person in control of such public or private land or place. All alcoholic beverages being used in violation of 946 CMR 4.05 shall be seized and safely held for adjudication of the charge against the person or persons arrested or summoned before the court, at which time they shall be returned to the person entitled to lawful possession.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.06 - Proper Disposal of Wastewater

Current through Register 1525, July 5, 2024
No person shall place or cause to be placed in any public street or way of Devens any rubbish, debris, ashes, or garbage or the containers thereof.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.07 - Littering/Defacing Devens Properties or Private Property

Current through Register 1525, July 5, 2024
No person shall discard objects in the public ways or lands of Devens or on private property without the consent of the owner, and no person shall deface, mar, injure or destroy any of the Devens Properties or private property within Devens, or make any marks, letters, or figures of any kind or post any bills upon any wall, fence post, tree, building or structure, not belonging to the person so doing, without permission of the owner thereof.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.08 - Discharge of Wastewater into the Devens Ways

Current through Register 1525, July 5, 2024
No person shall drain his sink, stable, cesspool, basement sump pump, or any of fensive matter onto a public highway, street, way, or public grounds.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.09 - Trespass

Current through Register 1525, July 5, 2024
Within Devens, no person shall enter upon the premises, or any part thereof, of another, including any part of the Devens Properties in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry to said premises or in violation of any notice, warning or protest given orally or in writing, by any owner or occupant thereof or fail to refuse or depart from the premises of another in case of being requested, either orally or in writing by any owner or occupant thereof.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.10 - Discharge of Weapons within Devens

Current through Register 1525, July 5, 2024
No person shall discharge any firearm, air gun, beebee gun, bow, or any toy gun projecting lead, missile or arrow; provided that 946 CMR 4.10 shall not be construed to prohibit any officer of the law from discharging a Firearm in the performance of his duty; nor to any person authorized by the Executive Director to maintain or reduce the size of bird flocks or the number of wild animals within Devens; nor to any citizen from discharging a firearm when lawfully defending person or property.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.11 - Recreational Vehicle and Snow Vehicles Prohibited

Current through Register 1525, July 5, 2024
No person shall operate a snow vehicle or a recreation vehicle as those terms are defined in M.G.L. c. 90B, § 20 on any public way, street, alley or path within Devens or any part of the Devens Properties. In the event of a determination by the Executive Director of the Agency, that because of emergency conditions, public ways within Devens are rendered impassable to conventional motor vehicles, the Executive Director may authorize the officer in charge of the Police to grant permits to civil defense volunteers to operate snow vehicles on such ways for such purposes as may be necessary to ensure the health and safety of the public. Such permits shall be rescinded promptly upon the abatement of such emergency conditions.
Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.12 - Adoption of M.G. L. c. 140, Section 147A Regulation of Dogs

Current through Register 1525, July 5, 2024
The Agency accepts the provisions of M.G.L. c. 140, §147A
				and issues the following rules governing the control of dogs within
				Devens:
(1) The Agency appoints the
			 Director of the Devens DPW as the Devens Dog Officer, and authorizes such of
			 his assistants or agents as he chooses to assist him in this role. The Dog
			 Officer and his assistants or agents appointed under 946 CMR 4.12(1) shall have
			 the authority to enforce the laws and rules relating to dogs. It shall be the
			 duty of the Police to assist the Dog Officer and his assistants in this
			 enforcement effort.
(2) No owner or
			 keeper of any dog shall permit such dog, to run at large or be a public
			 nuisance upon any part of Devens or the Devens Properties. All dogs shall be
			 leashed, except that a dog may, for purposes of a sporting event, such as field
			 trials, or training be exempt from this requirement or restraint during such
			 period of time as the dog is actually engages in the event or sport.
(3) All dogs six months old or over kept or
			 coming within Devens shall be licensed in accordance with the provisions of
			 M.G. L. c. 40, § 137 and shall have been vaccinated as required by M.G.L.
			 c. 40, § 145B. Residents in Devens shall obtain the required dog licenses
			 from the Dog Officer's clerk and pay to the clerk the required fee.
(4) It shall be the duty of the Dog Officer
			 or the Police to apprehend any dog not on a leash or found running at large and
			 to impound such dog in a suitable place. If such dog so impounded has upon it
			 the name and address of the owner thereof, or if the name of such owner is
			 otherwise known, then the Dog Officer or the Police shall immediately notify
			 the owner. If the owner is not known, then no notice shall be necessary. The
			 owner or keeper of any dog so impounded may reclaim such dog upon payment to
			 the Dog Officer or his agent, of any impoundment fee as determined by the by
			 the Dog Officer or his agent, for each 24 period or part thereof that the dog
			 has been held. However, that if the dog is not licensed, a license as required
			 by law shall be secured.
(5) Any
			 dog, which has been impounded and has not been redeemed by the owner within ten
			 days, shall be disposed of as provided by M.G.L. c. 140, § 152A, as
			 amended.