Section 3C. (a) A controlling business may petition the EACC to certify a proposed project that will create new permanent full-time employees within the commonwealth. Each proposed project submitted by a controlling business to the EACC for review and certification shall include: (i) a detailed description of the proposed project; (ii) a representation by the controlling business regarding the amount of capital investment to be made, the number of new jobs to be created and the number of existing jobs to be retained; (iii) a representation by the controlling business regarding any other economic benefits or other public benefits expected to result from the construction of the proposed project; (iv) a municipal project endorsement; and (vi) any other information that the EACC shall require by regulation, policy or guidance.
(b) Upon receipt of a completed project proposal and municipal project endorsement, the EACC may certify the proposed project, deny certification of the proposed project or certify the proposed project with conditions. In order to certify a proposed project, with or without conditions, the EACC shall make the following required findings based on the project proposal, the municipal project endorsement and any additional investigation that the EACC shall make and incorporate in its minutes: (i) the proposed project is located or will be located within the commonwealth;
(ii)(A) if the controlling business has at least 1 existing facility in the commonwealth, then the proposed project shall be an expansion of an existing facility and not merely the replacement of an existing facility except in the case of a proposed project that will enable a controlling business to retain jobs in a gateway city as provided in subclause (2) of clause (B); or (B) the proposed project will either: (1) enable the controlling business to hire new permanent full-time employees in the commonwealth; or (2) enable the controlling business to retain at least 50 permanent full-time jobs at a facility located in a gateway city or in an adjacent city or town that is accessible by public transportation to residents of a gateway city and such jobs otherwise would be relocated outside of the commonwealth; (iii) the controlling business has committed to maintaining new and retained jobs for a period of at least 5 years after the completion of the proposed project; (iv) the proposed project appears to be economically feasible and the controlling business has the financial and other means to undertake and complete the proposed project; (v) unless the proposed project will be located in a gateway municipality, a duly authorized representative of the controlling business has certified to the EACC that the controlling business would not have undertaken the proposed project but for the EDIP tax credits and local tax incentives available to it pursuant to this chapter; and (vi) the proposed project complies with all applicable statutory requirements and with any other criteria that the EACC may prescribe by regulation, policy or guidance.
The EACC shall, by regulation, policy or guidance, provide for the contents of an application for project certification which may include a requirement that the controlling business provide written evidence to support the certification provided for in clause (v).
(c) A certified project shall retain its certification for the period specified by the EACC in its certification decision; provided, however, that such specified period shall be not less than 5 years or more than 20 years from the date of certification.
[Subsection (d) effective for tax years beginning on January 1, 2019. See 2018, 228, Sec. 72.]
(d) Notwithstanding subsections (b) and (c), the EACC may, by guideline or regulation, establish a program to incentivize businesses to occupy vacant storefronts in downtown areas. The EACC may award EDIP tax credits to storefront tenants on a competitive basis, taking into account factors including, but not limited to: (i) the number of jobs to be created; (ii) the volume of pedestrian traffic to be generated; (iii) potential synergy with other downtown businesses; (iv) whether there is a matching contribution from the municipality or the landlord; (v) commitment to storefront improvements; and (vi) whether the municipality has made local plans or investments to revitalize the downtown. Certification of such a project shall require that a business commit to occupying the vacant storefront for a period of not less than 1 year, but the business shall not be required to invest in improvements or create new jobs. The EACC shall not award more than $500,000 in EDIP tax credits in a calendar year to projects certified pursuant to this subsection.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 23a - Department of Economic Development
Section 1 - Massachusetts Office of Business Development; Director; Grants; Financial Reports
Section 3 - Divisions; Directors
Section 3a - Economic Development Incentive Program; Establishment; Definitions for Secs. 3a to 3g
Section 3i - Rail-Trail Construction; Matching Grants to Municipalities; Environmental Insurance
Section 3j - Mobd Partnerships With Regional Economic Development Organizations
Section 5 - Planning and Research Capability of Mobd; Description of Organization
Section 6 - Advisory Committees and Council
Section 8 - Acceptance of Gifts and Grants
Section 9 - Employees; Appointments and Removals; Consultants
Section 10a - Buy Massachusetts Program
Section 10b - Massachusetts Advanced Manufacturing Collaborative
Section 13 - Employees; Assistance From Other State Agencies
Section 13b - Marketing Partnership; Offices Within the Partnership
Section 13c - Marketing Partnership; Powers and Duties
Section 13e - Office of Travel and Tourism; Executive Director; Appointment; Powers and Duties
Section 13f - Office of Travel and Tourism; Function
Section 13g - Office of Travel and Tourism; Employees; Appointment and Removal
Section 13h - Office of Travel and Tourism; Advisory Commission
Section 13i - Office of Travel and Tourism; Gifts and Grants; Acceptance
Section 13k - Massachusetts International Trade Office; Executive Director
Section 13m - Foreign Offices for International Trade; Directors; Appointment; Qualifications
Section 13n - Foreign Offices for International Trade; Leasing of Office Space and Equipment
Section 13o - Foreign Offices for International Trade; Acceptance of Funds
Section 13p - Foreign Offices for International Trade; Financial Report
Section 13q - International Trade Office; Provision of Technical Assistance
Section 13r - International Trade Office; Advisory Council
Section 13t - Massachusetts Tourism Trust Fund
Section 13u - Women's Rights History Trail
Section 14 - Financial Assistance Program for Tourist Promotion Agencies
Section 28a - Corporations; Foreign Trade Zones
Section 57 - Definitions Applicable to Secs. 57 and 58; Small Business Capital Access Program
Section 59 - Code of Corporate Standards Relative to the People's Republic of China; Definitions
Section 61 - Massachusetts Business Development Corporation; Purpose; Powers
Section 62 - Interagency Permitting Board; Members; Duties
Section 63 - Massworks Infrastructure Program; Public Infrastructure Grants Issued to Municipalities
Section 64 - Massachusetts Creative Economy Network
Section 65 - Massachusetts Food Trust Program
Section 66 - Rural Policy Advisory Commission; Members; Powers and Duties; Meetings; Annual Report
Section 67 - Financial Services Advisory Council