reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 2.00 - Expedited Permitting › Section 2.09 - Permitting Process and Extensions

Current through Register 1525, July 5, 2024
(1) The
			 governing body must complete the local permitting process within 180 calendar
			 days after the certified notice of completeness is sent, or the
			 20-day-completeness review period has expired and the applications are deemed
			 to be complete. This period may be waived or extended for good cause upon
			 written request of the applicant with the consent of the governing body, or
			 upon written request of an issuing authority with the consent of the
			 applicant.
(2) The 180-calendar-day
			 review period may be extended by the governing body, if a previously
			 unidentified permit or review has been determined necessary within the first
			 150 calendar days of the process. When a governing body determines that a
			 previously unidentified permit is necessary, the governing body must send
			 immediate notice of such additional requirements to the applicant by certified
			 mail and copy the board. The governing body may exercise the extension for a
			 maximum of 30 calendar days. Where public notice and comment or hearing are
			 required for the previously unidentified permit, the required action date shall
			 not be later than 30 days from the later of the close of the hearing or comment
			 period, which shall be scheduled to commence as quickly as publication
			 allows.
(3) The 180-calendar-day
			 review period may be extended when an issuing authority determines that:
(a) action by another federal, state or
			 municipal government agency not subject to
			 400 CMR
			 2.00 is required before the issuing authority may
			 act;
(b) pending judicial
			 proceedings affect the ability of the issuing authority or applicant to proceed
			 with the application; or
(c)
			 enforcement proceedings that could result in revocation of an existing permit
			 for that facility or activity or denial of the application have been commenced.
			 In those circumstances, the issuing authority shall provide written
			 notification to the secretary and the board by certified mail. When the reason
			 for the extension is no longer applicable, the issuing authority shall
			 immediately notify the applicant, the secretary, and the board by certified
			 mail, and shall complete its decision within the time period specified in
			 400 CMR
			 2.08(3), beginning the day
			 after the notice to resume is issued by the governing body.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 2.00 - Expedited Permitting › Section 2.10 - Permit Modifications

Current through Register 1525, July 5, 2024
Issuing authorities shall make every reasonable effort to
				review permit modification requests within as short a period as is feasible to
				maintain the integrity of the expedited permitting process. An issuing
				authority shall inform an applicant within 20 business days of receipt of a
				request whether the modification is approved, denied, determined to be
				substantial or requires additional information for the issuing authority to
				issue a decision. If additional information is required, the issuing authority
				shall inform an applicant by certified mail within 20 business days after
				receipt of the required additional information whether the modification is
				approved or denied or that further additional information is required by the
				issuing authority in order to render a decision.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 2.00 - Expedited Permitting › Section 2.11 - Automatic Grant of Approval

Current through Register 1525, July 5, 2024
(1) Failure by any
			 issuing authority to take final action on a permit within the ISO-calendar-day
			 review period, or properly extended review period, shall be considered a grant
			 of the relief requested of that authority. In such case, within 14 days after
			 the date of expiration of the time period, the applicant shall file an
			 affidavit with the city or town clerk, attaching the application, setting forth
			 the facts giving rise to the grant and stating that notice of the grant has
			 been mailed, by certified mail, to all parties to the proceedings and all
			 persons entitled to notice of hearing in connection with the
			 application.
(2) An issuing
			 authority may not use lack of time for review as a basis for denial of a permit
			 if the applicant has provided a complete application and met all other
			 obligations in accordance with
			 400 CMR
			 2.00.
(3)
			 The automatic grant of approval shall not occur where the governing body has
			 made a timely determination under
			 400 CMR
			 2.07 that the application packet is not
			 complete and the applicant does not provide the requested information within 90
			 calendar days. In this case, the governing body shall notify the board of the
			 discontinuation of the permit process.
(4) The governing body, in consultation with
			 the issuing authority, has determined that substantial modifications to the
			 project since the application render the issuing authority incapable of making
			 a decision on an application;
(5)
			 The governing body has determined that a final application contains false or
			 misleading information. In such event, the governing body must submit a
			 statement of findings to the board by certified mail and copy the applicant by
			 certified mail. Such a finding may be appealed in Land Court on a motion of the
			 applicant. Pending a court's ruling, the ISO-calendar-day review period shall
			 be tolled. If a court rules in favor of the appellant, the ISO-calendar-day
			 review period shall resume. If the court rules in favor of the governing body,
			 the ISO-day review process shall be waived.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 2.00 - Expedited Permitting › Section 2.12 - Cape Cod Commission and Martha's Vineyard Commission Reviews

Current through Register 1525, July 5, 2024
In municipalities where the Cape Cod Commission or Martha's
				Vineyard Commission have the authority to review permit applications, the
				municipality shall consult with the Cape Cod Commission or Martha's Vineyard
				Commission before commencing with a project on a PDS. The Commission and the
				municipality shall work together to consider any areas of potential concern or
				conflict prior to issuing applications for that project, and make every
				reasonable effort to expedite the processing of such applications. In
				municipalities that fall within the jurisdiction of either Commission, the
				ISO-day review period will be tolled on the day the referral is made to the
				Cape Cod Commission and the Martha's Vineyard Commission and will resume when
				those bodies complete their review.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 2.00 - Expedited Permitting › Section 2.13 - Appeals

Current through Register 1525, July 5, 2024
(1) Appeals of an issuing authority decision
			 or from an automatic grant of approval shall be filed within 20 calendar days
			 after the last individual permitting decision has been rendered or within 20
			 calendar days after the conclusion of the ISO-day review period, whichever is
			 later. The ISO-day review period shall be increased by the number of days in
			 any extension granted under
			 400 CMR
			 2.00.
(2)
			 The applicant or any person aggrieved by a final decision of any issuing
			 authority, or by the failure of that authority to take final action concerning
			 the application within the time specified, whether or not previously a party to
			 the proceeding, or any governmental officer, board, or agency, may appeal to
			 the Division by bringing an action within 20 calendar days after a written
			 decision was or should have been rendered. Appeals from decisions of multiple
			 permitting authorities shall be filed simultaneously and shall be consolidated
			 for purposes of hearing and decision. 400 CMR 2.13 shall not apply to appeals
			 pursuant to M.G.L. c. 131, §§ 40 and 40A, which shall continue to be
			 appealed in accordance with M.G.L. c. 131 and c. 30A.
(3) When hearing appeals under
			 400 CMR
			 2.00, the Division shall revise its rules, procedures
			 and regulations to the extent necessary to accord with the requirements of
			 M.G.L. c. 43D. The division shall render a final written decision within 90
			 days of the receipt of the appeal. Thereafter, an aggrieved party may appeal to
			 the superior court department or to the Land Court in accordance with M.G.L. c.
			 185, § 3A, by bringing action within 20 days after a written decision was
			 or should have been rendered.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 2.00 - Expedited Permitting › Section 2.14 - Permit Transfers and Renewals

Current through Register 1525, July 5, 2024
(1) Permits shall
			 not transfer automatically to successors in title, unless the permit expressly
			 allows the transfer without the approval of the issuing authority.
(2) Issuing authorities may develop
			 procedures for simplified permit renewals and annual reporting requirements. If
			 the procedures are not developed, renewals of permits shall be governed by the
			 procedures and time lines as specified in
			 400 CMR
			 2.00.
(3)
			 Permits issued pursuant to M.G.L. c. 43D shall expire five years from the date
			 of the expiration of the applicable appeal period unless exercised sooner.
			 Where permits cover multiple buildings, commencement and continuation of
			 construction of one building shall prevent expiration of all permits on that
			 site. No permit issued under
			 400 CMR
			 2.00 shall be affected by changes in the law
			 subsequent to the issuance of such permits. Nothing in 400 CMR 2.14 shall limit
			 the effectiveness of M.G.L. c. 40A, § 6.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 2.00 - Expedited Permitting › Section 2.15 - Municipal Benefits

Current through Register 1525, July 5, 2024
(1) Municipalities
			 that adopt the provisions of M.G.L. c. 43D are eligible for priority
			 consideration for state grants, including but not limited to, community
			 development action grants, public works economic development grants, brown
			 fields remediation grants, and other state resources such as quasi-public
			 financing and training programs.
(2) The Commonwealth, through the
			 Massachusetts Office of Business Development and a contract with the
			 Massachusetts Alliance for Economic Development, shall promote PDS locations to
			 the real estate and business community nationwide. The contract with the
			 Massachusetts Alliance for Economic Development shall be contingent upon
			 legislative appropriation.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 2.00 - Expedited Permitting › Section 2.16 - State Permitting

Current through Register 1525, July 5, 2024
Reviews required under the Massachusetts Environmental Policy
				Act, M.G.L. c. 30, §§ 61 through 62H, or the Massachusetts Historical
				Commission, M.G.L. c. 9, §§ 26 through 27C shall conclude within 120
				calendar days of a state determination of completeness of required review
				materials, as established by the executive office of environmental affairs in
				consultation with the state secretary. The aforementioned reviews shall take
				place concurrently with the 180-calendar-day municipal permitting review
				process. The secretary of environmental affairs and the state secretary shall
				establish time frames for all required filings and additional filings by the
				applicant in order to comply with 400 CMR 2.16. In the event an applicant fails
				to comply with all relevant time frames, the time shall be tolled until the
				applicant files the required documents.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 3.00 - Expedited State Permitting › Section 3.01 - Purpose

Current through Register 1525, July 5, 2024
400 CMR
				3.00 establishes rules, standards and procedures for
				the Expedited State Permitting Program (Program) created under M.G.L. c. 43E.
				The Executive Office of Housing and Economic Development is the regulatory
				agency for the Program and is authorized by M.G.L. c. 43E, § 8, to
				promulgate regulations, with the approval of the Secretary of the Executive
				Office of Energy and Environmental Affairs, to implement its
				operation.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 3.00 - Expedited State Permitting › Section 3.02 - Program Overview

Current through Register 1525, July 5, 2024
The Expedited State Permitting Program (Program) promotes the
				expedited state permitting of commercial, industrial, and mixed-use projects on
				sites designated as a "Priority Development Site" under M.G.L. c. 43D and
				"Growth District" by the Executive Office of Housing and Economic Development,
				subject to certain requirements and exclusions specified in
				400 CMR
				3.00. The Program requires all state agencies,
				commissions, departments, and other state entities responsible for issuing
				permits, as defined in
				400 CMR
				3.00, for projects proposed on such sites to review
				and take final action on a complete permit application within 180 calendar
				days, or 210 calendar days for permit review processes requiring a public
				comment period. State issuing authorities are encouraged to work together for
				each project, wherever possible, and may provide for pre-application
				conferences to streamline the permit review process. Doing so will ensure that
				sites throughout the Commonwealth previously identified as appropriate
				locations for significant new growth are highly attractive for
				development.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 3.00 - Expedited State Permitting › Section 3.04 - Permit Application Eligibility

Current through Register 1525, July 5, 2024
(1) A
			 project proponent who submits a permit application to an issuing authority
			 shall satisfy all of the following requirements for the application to be
			 eligible for the Program:
(a) The project
			 shall be located entirely within a site designated as a "Priority Development
			 Site" under M.G.L. c. 43D;
(b) The
			 project shall be located entirely within a site designated as a "Growth
			 District" by the Executive Office of Housing and Economic
			 Development;
(c) Neither the
			 project nor any portion of the project shall be in a wetland as defined by
			 M.G.L. c. 131, § 40, tideland as defined by M.G.L. c. 91, § 1,
			 priority habitat as delineated by the Division of Fisheries and Wildlife under
			 M.G.L. c. 131A, or an area of critical environmental concern as designated by
			 the Secretary of Energy and Environmental Affairs; and
(d) The MEPA review process under M.G.L. c.
			 30, §§ 61 through 62I and
			 301 CMR
			 11.00:
MEPA Regulations
shall be
			 complete for the project and the project proponent shall have received a
			 certificate from the Secretary of Energy and Environmental Affairs
			 acknowledging that the MEPA review process is complete for the project.
			 (
Note
: a project proponent may submit a permit
			 application to an issuing authority before the MEPA review process is complete
			 and the proponent is encouraged to notify the issuing authority that the
			 application is being submitted under the Program, but the application will not
			 be eligible for the Program until the proponent has received a certificate from
			 the Secretary of Energy and Environmental Affairs)
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 3.00 - Expedited State Permitting › Section 3.05 - Permit Application Materials

Current through Register 1525, July 5, 2024
(1) A
			 project proponent shall include all of the following materials with a permit
			 application before an issuing authority may deem the application complete:
(a) A locus map and a resource area map at
			 the appropriate scale as verified by the applicable authority or an alternative
			 site specific determination by that authority that establishes the following:
1. The project parcel is located entirely
			 within a "Priority Development Site" as defined by M.G.L. c. 43D;
2. The project parcel is located entirely
			 within a "Growth District" as defined by the Executive Office of Housing and
			 Economic Development; and
3. The
			 project parcel is not in a wetland as defined by M.G.L. c. 131, § 40,
			 tideland as defined by M.G.L. c. 91, § 1, priority habitat as delineated
			 by the Division of Fisheries and Wildlife under M.G.L. c. 131A, or an area of
			 critical environmental concern as designated by the Secretary of Energy and
			 Environmental Affairs.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 3.00 - Expedited State Permitting › Section 3.06 - Permit Application Completeness Review

Current through Register 1525, July 5, 2024
(1) Upon receipt of a permit application
			 eligible for the Program, the issuing authority has 20 business days, beginning
			 on the day after receipt of the application, to determine whether the
			 application is complete or incomplete.
(a) If
			 the permit application is complete, the issuing authority shall immediately
			 notify the applicant in writing by mail or electronic mail. The notice shall
			 indicate whether the permit review period is for 180 or 210 calendar days and
			 shall specify the day on which the permit review period will begin.
(b) If the issuing authority determines that
			 the application is incomplete, the issuing authority shall immediately notify
			 the applicant in writing by mail or electronic mail. The notice shall explain
			 why the application is incomplete and request the information necessary to
			 complete the application.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 3.00 - Expedited State Permitting › Section 3.08 - Waivers and Extensions

Current through Register 1525, July 5, 2024
(1) The 180 or 210
			 calendar day permit review period may be waived or extended for good cause upon
			 written request of the applicant with the consent of the issuing authority or
			 upon written request of the issuing authority with the consent of the
			 applicant. The request shall include all of the reasons why the extension is
			 sought.
(a) The party who receives the
			 request shall agree to or deny the extension within ten business days by
			 notifying the requesting party of its decision. Notification shall be sent by
			 mail or electronic mail.
(b) The
			 permit review period shall be tolled for the ten business days a party has to
			 agree to or deny the extension. The permit review period shall begin again on
			 the day the party agrees to or denies the extension or on the day the ten
			 business days expire, whichever occurs sooner.
1. In the event the extension request is
			 agreed to, the number of days remaining in the permit review period at the time
			 the period was tolled shall be added to the number of days included in the
			 agreed upon extension to create a new review time period.
2. In the event the extension request is
			 denied, the permit review period shall last only the number of days that
			 remained at the time the period was tolled.
(c) Failure to notify the requesting party of
			 a decision within ten business days shall be considered an automatic grant of
			 the extension requested.
(d) The
			 applicant and issuing authority may agree in writing as to the length of the
			 extension, but in no case shall an extension for good cause last longer than 60
			 calendar days without the concurrence of the Permit Ombudsman.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 3.00 - Expedited State Permitting › Section 3.09 - Permit Application Modifications

Current through Register 1525, July 5, 2024
(1)
			 Where an applicant seeks to modify a permit application after the permit review
			 period has commenced under
			 400 CMR
			 3.07, the filing of the permit application
			 modification shall toll the permit review period. Issuing authorities shall
			 make every reasonable effort to review modification requests within as short a
			 period as is feasible to maintain the integrity of the Program. An issuing
			 authority shall notify the applicant in writing by mail or electronic mail
			 within 20 business days of receipt of a request for a modification whether the
			 modified application can be reviewed within the time remaining in the permit
			 review period, cannot be reviewed within the time remaining in the permit
			 review period, or needs additional information for the issuing authority to
			 render a decision.
(a) If the modified
			 application can be reviewed within the time remaining in the permit review
			 period, the issuing authority shall notify the applicant and the permit review
			 period shall resume on the calendar day following the day on which the issuing
			 authority sends notice to the applicant.
(b) If the modified application cannot be
			 reviewed within the time remaining in the permit review period, the issuing
			 authority shall notify the applicant and both parties shall mutually agree upon
			 a new time period for reviewing the modified application. Where the parties
			 cannot agree upon a new time period, notice shall be given to the Permit
			 Ombudsman. In no case may the new time period be greater than the time period
			 set forth in
			 400 CMR
			 3.07(1). Once the new time
			 period has been established, the applicant may:
1. agree to the new time period and continue
			 the Program with the modified permit application;
2. revoke the request to modify the permit
			 application and continue the Program with the original permit application;
			 or
3. withdraw the permit
			 application altogether and terminate participation in the Program.
(c) If additional information is
			 required for the issuing authority to render a decision about the modification,
			 the issuing authority shall notify the applicant and request the additional
			 information necessary to review the modification. After receiving the
			 additional information, the issuing authority shall have 20 business days to
			 review the additional information and make a determination about the
			 modification.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 3.00 - Expedited State Permitting › Section 3.10 - Appeals

Current through Register 1525, July 5, 2024
The commencement of the time period for an administrative or
				judicial appeal of an automatic grant of a permit pursuant to
				400 CMR
				3.07 shall be the date the applicant files
				notice of the automatic grant with the issuing authority and Permit
				Ombudsman.
The 180 or 210 calendar day timeline shall not apply to an
				administrative appeal following the issuance of a permit. The procedure for
				appealing an issuing authority's approval or denial of a permit shall be
				controlled by the rules and regulations of that issuing authority.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 4.00 - Public Registry of Lodging Operators › Section 4.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 400 CMR 4.00 is to set forth the process by
				which the EOHED, in consultation with DOR and EOTSS, shall establish and
				maintain a Registry pursuant to M.G.L. c. 23A, § 68. The primary purpose
				of the Registry is to provide for public transparency regarding the number and
				approximate location of Short-term rentals in each municipality. In developing
				400 CMR 4.00, EOHED was required to consider, and did consider:
(a) existing practices of peer
			 states;
(b) data security
			 practices, protocols and standards;
(c) technological feasibility of existing
			 digital systems, including the feasibility of developing and maintaining a
			 searchable online directory;
(d)
			 information required to be collected and maintained for Operators in the
			 Registry, which shall, at a minimum, include a list of accommodations offered
			 for rent by Operators who are registered in accordance with M.G.L. c. 62C,
			 § 67, provided, however, that the location information for any
			 accommodation offered for rent shall be limited to the name of the street and
			 the city or town where the accommodation is located;
(e) any forms or records necessary to
			 implement this section and meet such requirements under 400 CMR 4.00 and M.G.L.
			 c. 64G;
(f) practices utilized to
			 disclose or report information to cities and towns by request;
(g) impacts on the traditional lodging
			 industry, short-term rental industry and hosting platforms;
(h) the fiscal impact to the commonwealth;
			 and
(i) any relevant federal or
			 state laws and regulations.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 4.00 - Public Registry of Lodging Operators › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 400 CMR 4.00, capitalized words not defined in 400
				CMR 4.02 shall have the meanings ascribed to them in M.G.L. c. 64G, § 1
				and the following additional words shall, unless the context clearly requires
				otherwise, have the following meanings:
DOR
. The Department of Revenue.
DULA
. A Data Use Licensing Agreement
				between DOR and EOHED permitting the sharing of data necessary to create and
				maintain the Registry.
EOHED
. The Executive Office of Housing
				and Economic Development.
EOTSS
. The Executive Office of
				Technology Services and Security.
Registered Site
. A bed and breakfast
				establishment, hotel, lodging house, short-term rental or motel in the
				Commonwealth.
Registry
. A publicly accessible
				database of Operators that have been issued a certificate of registration by
				DOR in accordance with M.G.L. c. 62C, § 67.
Traditional Lodging Unit
. A bed and
				breakfast establishment, hotel, lodging house, or motel in the
				Commonwealth.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 4.00 - Public Registry of Lodging Operators › Section 4.03 - Registry Creation and Content

Current through Register 1525, July 5, 2024
(1) EOHED shall
			 engage the expertise of EOTSS to establish the Registry and to ensure the
			 secure transmission of data from DOR to EOHED. The Registry shall reflect data
			 provided to EOHED by DOR in accordance with the DULA. To the extent
			 practicable, EOHED will request from DOR only those data intended to be
			 included in the Registry. If DOR transfers to EOHED any data that are not
			 intended to be included in the Registry, EOHED shall use diligent efforts to
			 keep such data secure and private.
(2) The Registry shall list the street and
			 municipality of each Registered Site; whether the Registered Site is classified
			 as a Short-term rental or a Traditional Lodging Unit; and the certificate
			 number issued by DOR for each Registered Site. EOHED may, in its discretion,
			 format the Registry to provide separate listings of Short-term rentals and
			 Traditional Lodging Units. The Registry shall be searchable by street name and
			 municipality or certificate number.
(3) To the extent feasible, EOHED shall
			 maintain and update the Registry data continuously, with such updates occurring
			 not more than 24 hours after DOR updates source databases.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 4.00 - Public Registry of Lodging Operators › Section 4.04 - Use of Registry Data; Confidentiality

Current through Register 1525, July 5, 2024
EOHED shall not disclose, and the Registry shall not include,
				personally identifiable information of any Operator but may include the
				certificate number issued by DOR for each Registered Site.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 5.00 - Reserved › Chapter - Preamble

Current through Register 1525, July 5, 2024
St. 2020, c. 65, an
Act Providing for a Moratorium on
				Evictions and Foreclosures During the Covid-19 Emergency
, requires the
				Executive Office of Housing and Economic Development (EOHED) to promulgate
				emergency regulations as necessary to implement St. 2020, c. 65, § 3,
				which addresses non-essential evictions, and St. 2020, c. 65, § 4, which
				addresses a landlord's rights and responsibilities with respect to an advance
				payment of rent for the last month of tenancy. St. 2020, c. 65 also requires
				EOHED to:
(a) develop forms and
			 recommendations for the provision of notice and documentation to a landlord
			 that a non-payment of rent was due to a financial impact from COVID-19;
			 and
(b) promulgate a standard form
			 for the notification of tenants under St. 2020, c. 65, § 4(a).
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 6.00 - Reserved

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
400 CMR 6.00: St. 2020, c. 257; St. 2021, c. 20; and St. 2022,
				c. 42.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 7.00 - National Guard Hiring Tax Credit › Section 7.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
400 CMR 7.00 establishes the procedures for establishing
				eligibility for and thereafter claiming the National Guard Hiring Tax Credit
				pursuant to M.G.L. c. 62, § 6(aa) and c. 63, §
				38KK.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 7.00 - National Guard Hiring Tax Credit › Section 7.02 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases shall have the meanings in 400
				CMR 7.00 set forth as follows, unless the context clearly indicates
				otherwise:
Certification
. The written
				certification issued by MOBD pursuant to
				400
				CMR 7.03 certifying that a Qualified Employer
				is eligible to claim the National Guard Hiring Tax Credit.
Commissioner
. The Commissioner of
				Revenue or the Commissioner's duly authorized representative.
MOBD
. The Massachusetts Office of
				Business Development.
National Guard Hiring Tax Credit
. The
				tax credit authorized pursuant M.G.L. c. 62, § 6(aa) and c. 63, §
				38KK.
Qualified Employee
. An individual
				who:
(a) is an active member of the
			 Massachusetts National Guard in good standing;
(b) works at least 35 hours per week, without
			 a termination date, and receives benefits at least equal to those provided to
			 other full-time employees of the employer or works part-time at least 18 hours
			 per week and is currently enrolled in a higher education, vocational, or other
			 acceptable educational program;
(c)
			 works in Massachusetts; and
(d)
			 permanently resides in Massachusetts with no plans to return to a former home
			 in another state.
Qualified Employer
. An individual or
				entity that:
(a) conducts business in
			 Massachusetts;
(b) is subject to the
			 Massachusetts unemployment insurance laws;
(c) employs no more than 100 full-time
			 employees;
(d) is not debarred from
			 doing business with the Commonwealth of Massachusetts; and
(e) is not a unit of state, local, or federal
			 government.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 7.00 - National Guard Hiring Tax Credit › Section 7.03 - Certification of Eligibility

Current through Register 1525, July 5, 2024
(1) A Qualified
			 Employer may establish its eligibility to claim the National Guard Hiring Tax
			 Credit by applying for and receiving a Certification from MOBD. Applications
			 for Certification shall be made on a form required by MOBD, and shall include:
(a) information sufficient to establish that
			 the applicant is a Qualified Employer;
(b) information sufficient to establish that
			 the individual hired meets all of the criteria of a Qualified Employee,
			 including a document from the adjutant general stating the individual's date of
			 service in the Massachusetts National Guard;
(c) documentation showing the Qualified
			 Employer hired the Qualified Employee on or after July 1, 2022;
(d) documentation showing that the Qualified
			 Employee has been employed for at least six continuous months; and
(e) information sufficient to establish that
			 the applicant is a duly organized and existing entity in good standing with the
			 Commonwealth of Massachusetts and is compliant with all applicable state and
			 federal tax and employment laws.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 7.00 - National Guard Hiring Tax Credit › Section 7.04 - Process for Claiming the National Guard Hiring Tax Credit

Current through Register 1525, July 5, 2024
(1) For the tax years beginning on or after
			 January 1, 2023, a Qualified Employer may claim the National Guard Hiring Tax
			 Credit on the tax return filed for the year that is six months after the
			 Qualified Employee began working for the Qualified Employer. The Qualified
			 Employer shall include in its filing the certificate number provided in the
			 Certification.
(2) A Qualified
			 Employer may apply for a new Certificate, entitling it to claim an additional
			 credit in the taxable year following the initial claimed credit, for the same
			 Qualified Employee if such Employee is continuously employed. Any new
			 Certificate will be issued in the same manner and based on the same criteria as
			 the original Certificate. No employer shall be authorized to claim a National
			 Guard Hiring Tax Credit more than twice for any one Qualified
			 Employee.
(3) A Qualified Employer
			 may carry forward the amount of credit that exceeds the tax due for a taxable
			 year to any of the three subsequent taxable years.
(4) National Guard Hiring Tax Credits shall
			 not be transferrable or refundable.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 7.00 - National Guard Hiring Tax Credit › Section 7.05 - Recordkeeping

Current through Register 1525, July 5, 2024
A Qualified Employer claiming the National Guard Hiring Tax
				Credit shall retain records necessary to substantiate the employer's
				eligibility to claim the credit in accordance with
				830
				CMR 62C.25.1, including:
(a) the document from the adjutant general
			 stating the individual's date of service in the Massachusetts National
			 Guard;
(b) Certificate issued by
			 MOBD establishing eligibility;
(c)
			 employment records sufficient to show the Qualified Employee was employed for
			 not less than six consecutive months; and
(d) records sufficient to demonstrate that
			 the Qualified Employee's primary place of employment and primary place of
			 residence were in Massachusetts during the six consecutive months of
			 employment.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 7.00 - National Guard Hiring Tax Credit › Section 7.06 - Severability

Current through Register 1525, July 5, 2024
The provisions of 400 CMR 7.00 are severable. If any provisions
				of 400 CMR 7.00 or the applications of such provisions to any person or
				circumstance are held invalid or unconstitutional, the other provisions of 400
				CMR 7.00, or the application of such provisions to any person or circumstance
				other than that as to which it is held invalid or unconstitutional, will not be
				affected thereby.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.01 - Purpose

Current through Register 1525, July 5, 2024
400 CMR
				8.00 governs the structure and administration of the
				Cannabis Social Equity Trust Fund, established by section 14A of chapter 94G of
				the General Laws, to encourage the full participation in the Commonwealth's
				regulated marijuana industry of entrepreneurs from communities that have been
				disproportionately harmed by marijuana prohibition and
				enforcement.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.03 - Eligibility for Financial Assistance - Individuals and Business Entities

Current through Register 1525, July 5, 2024
(1)
Individuals and business
			 entities eligible to receive Financial Assistance
. To be eligible
			 to receive Financial Assistance, a person or business entity must be a
			 Licensee, License Applicant or prospective License Applicant and meet one of
			 the following criteria:
(a) The individual or
			 business entity is an Economic Empowerment Priority Applicant;
(b) The business entity is a Social Equity
			 Business; or
(c) The individual is
			 a Social Equity Program Participant;
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.04 - Applications for Financial Assistance

Current through Register 1525, July 5, 2024
(1)
Timing of applications
. EOED may administer the Fund
			 by accepting applications for Financial Assistance on a rolling basis or
			 through the issuance of requests for proposals at least once per calendar
			 year.
(2)
Required
			 information
. EOED shall publish the application form to be used to
			 apply for Financial Assistance. Minimum required information may include:
(a) The name, address, and contact
			 information of the person or entity applying for Financial
			 Assistance.
(b) The names, contact
			 information and ownership interest of all Persons or Entities Having Direct
			 Control of the entity applying for Financial Assistance.
(c) Confirmation from the Commission that the
			 person or entity applying for Financial Assistance is an Economic Empowerment
			 Priority Applicant, Social Equity Business or Social Equity Program
			 Participant.
(d) A copy of (i) the
			 License or other Commission notification of provisional licensure issued by the
			 Commission to the person or entity applying for Financial Assistance; or (ii)
			 if the person or entity applying for Financial Assistance does not yet have a
			 License, a copy of the License application; or (iii) if the person or entity
			 has not yet submitted an application, documentation acceptable to EOED showing
			 that the person or entity has taken affirmative steps toward submitting an
			 application for a License.
(e)
			 Certificates of good standing, issued within 30 days of the application, from
			 the Corporations Division of the Secretary of the Commonwealth, Department of
			 Revenue, and Department of Unemployment Assistance, if applicable.
(f) Proof of occupancy or intent to occupy
			 the premises where the person or entity applying for Financial Assistance will
			 conduct its Licensed business, including evidence that the intended use of the
			 premises as a Marijuana Establishment or Medical Marijuana Treatment Center
			 complies with all applicable state regulations and local codes, ordinances and
			 bylaws.
(g) Information sufficient
			 to justify the amount of Financial Assistance requested, including
1. actual or projected expenses of the
			 Marijuana Establishment or Medical Marijuana Treatment Center;
2. actual or projected revenue of the
			 Marijuana Establishment or Medical Marijuana Treatment Center; and
3. actual or projected sources of debt and
			 equity financing.
(h)
			 Statement of the need for and intended use of the Financial Assistance,
			 including a schedule for the use of funds.
EOED may require any other information or documentation it
				deems relevant to ensure Financial Assistance is distributed in accordance with
				the purpose and intent of M.G.L. c. 94G § 14A and the requirements of
				935 CMR
				500.000,
				935 CMR
				501.000 and
				400 CMR
				8.00.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.05 - Awards of Financial Assistance

Current through Register 1525, July 5, 2024
(1)
Review and selection process
. EOED will publish the
			 evaluation and selection criteria in Program Guidelines or in one or more
			 Request for Proposals. EOED may consider the following criteria, in addition to
			 any other criteria established in Program Guidelines or a Request for
			 Proposals:
(a) The type of License held, or
			 type of license being applied for, by the person or entity applying for
			 Financial Assistance.
(b) Whether
			 the person or entity applying for Financial Assistance has demonstrated the
			 need for Financial Assistance.
(c)
			 Whether the person or entity applying for Financial Assistance faces barriers
			 to obtaining sufficient working capital to obtain or maintain a License and
			 operate a successful Marijuana Establishment or Medical Marijuana Treatment
			 Center.
(d) Demonstrated readiness
			 to deploy the Financial Assistance requested.
(e) The viability of the Marijuana
			 Establishment or Medical Marijuana Treatment Center as evidenced by other
			 sources of debt or equity financing.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.06 - Municipal Grants

Current through Register 1525, July 5, 2024
EOED may, in its discretion, use a portion of the Fund to make
				grants to municipalities to promote equity and eliminate barriers to entry for
				Economic Empowerment Priority Applicants, Social Equity Businesses and Social
				Equity Program Participants. The scope and details of municipal grants shall be
				established in an RFP made available to all eligible
				municipalities.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.07 - Prohibition on the Sale, Transfer or Pledge of Certain Assets

Current through Register 1525, July 5, 2024
(1) A person or entity who expends any amount
			 of Financial Assistance to acquire a Restricted Asset shall not sell, convey,
			 transfer or pledge such Restricted Asset, nor any interest in the entity that
			 owns such Restricted Asset, except if such sale, conveyance, transfer or pledge
			 is to or for the benefit of a Social Equity Business or an Economic Empowerment
			 Priority Applicant. Such restrictions shall expire on the fifth anniversary of
			 the Contract commencement date. EOED may, in its discretion, provide in a
			 Contract that the restriction period shall be fewer than five years, but in no
			 event shall the restriction period be fewer than three years.
(2) If a Restricted Asset is sold, conveyed,
			 transferred or pledged in violation of the preceding section 8.07(1), then EOED
			 shall be entitled to recover 100 percent of the Financial Assistance used to
			 acquire the Restricted Asset. EOED shall provide written notice to a person or
			 entity of the amount to be recovered and demand repayment by a date that is not
			 sooner than thirty days after the date of the notice.
(3) EOED may foreclose on any lien or
			 exercise rights under any security interest on any Restricted Asset to enforce
			 the provisions of this section 8.07. If EOED commences legal proceedings to
			 recover money to which it is entitled pursuant to this section 8.07, EOED shall
			 be entitled to recover reasonable attorney fees and costs.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.08 - Defaults and Other Material Breaches; Penalties

Current through Register 1525, July 5, 2024
(1)
			 Defaults and breach of Contract. Each Contract will set forth the terms and
			 conditions of the Financial Assistance, and the remedies available to EOED in
			 the event of a default or material breach of the Contract.
(a) A default or material breach of a
			 Contract shall occur in the event that the person or entity receiving Financial
			 Assistance;
1. fails to make timely repayment
			 of Financial Assistance, taking into account any cure periods provided in the
			 Contract, if applicable;
2. makes a
			 material misrepresentation in the Contract or application for Financial
			 Assistance;
3. expends any portion
			 of the Financial Assistance for a purpose that is not permitted under the
			 Contract;
4. loses its status as an
			 Economic Empowerment Priority Applicant, Social Equity Business or Social
			 Equity Program Participant;
5. has
			 its License suspended or revoked, or is subject to any other penalty imposed by
			 the Commission that materially impacts the operation of its business;
6. sells, conveys, transfers or pledges any
			 Restricted Asset in violation of section 8.07; or
7. fails to comply with recordkeeping,
			 reporting requirements or milestones set forth in the Contract.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.09 - Continuing Role of the Cannabis Social Equity Advisory Board

Current through Register 1525, July 5, 2024
(1) EOED will consult with the Board prior to
			 proposing any amendments to these regulations, and prior to issuing or amending
			 program guidelines or an RFP.
(2)
			 EOED will consult with the Board prior to filing the annual report required by
			 subsection (d) of section 14A of chapter 94G of the General Laws.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.10 - Administration and Management of the Fund

Current through Register 1525, July 5, 2024
All money deposited into the Fund shall be maintained in a
				segregated account separate from all other funds of EOED. All fees collected by
				EOED in connection with the administration of the Fund, and all Financial
				Assistance repaid by a person or entity receiving Financial Assistance, shall
				be deposited into the Fund. EOED may use money in the Fund to offset the costs
				of administering the Fund.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.11 - Confidential Records

Current through Register 1525, July 5, 2024
EOED will collect Confidential Records only to the extent
				necessary to determine a person or entity's eligibility to receive Financial
				Assistance. EOED will maintain the confidentiality of Confidential Records as
				required by applicable law. All other documentation and materials submitted to
				EOED may be subject to public disclosure under chapter 66 of the Massachusetts
				General Laws, commonly known as the Public Records Law.
Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 8.00 - Cannabis Social Equity Trust Fund › Section 8.12 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				400 CMR
				8.00 are severable. If any provisions or the
				application of any provision is held invalid or unconstitutional, such
				invalidity shall not be construed to affect the validity or constitutionality
				of any remaining provisions of
				400 CMR
				8.00.