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Senate OKs permitting reform plan

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November 13, 2005

An economic stimulus package approved by the Senate on Nov. 3 would make it easier for cities and towns to implement Chapter 43D, the local-option expedited permitting law enacted last year.

The Senate bill calls for a total of $4.5 million to be made available in the form of technical-assistance grants to enable communities to implement Chapter 43D. The bill also would double the time allowed to complete the permitting process from 90 days to 180.

The bill would allow communities to designate particular projects as 43D priority development sites instead of having to designate the entire municipality as such. This change would enable local leaders to target development where they envision the best overall benefit to the city and town.

The economic stimulus package was sent to a House-Senate conference committee. The House version of the bill does not include provisions to reform Chapter 43D, although House leaders have indicated that reforming the program is a priority.

The language in the Senate package amending Chapter 43D was crafted by the MMA and the Executive Office of Economic Development over the past several months. The Romney administration had filed the plan as part of his economic stimulus bill back in March and re-filed it as stand-alone legislation in July.

The MMA successfully opposed an amendment mandating that any site selected by a city or town for 43D had to comply with rigid “smart growth” criteria. Additionally, the MMA argued that another amendment would have created more bureaucracy by empowering regional planning agencies in the distribution of technical assistance.

Chapter 43D seeks to provide municipalities with incentives and new options to provide expedited permitting for facilities for new businesses. No municipality has yet adopted the local-option program, however.

In opposing Chapter 43D last year, the MMA argued that some towns could be induced to adopt expedited permitting to access incentive funding or encourage a quick increase in taxable commercial properties without adequate attention to reasonable planning. Since a new revenue stream had not been identified for incentive funding for communities that adopt an expedited permitting process, the MMA was concerned that one result could be a redistribution of local aid.

Sen. Jack Hart, Senate chair of the Joint Committee on Economic Development, has made reforming Chapter 43D a cornerstone of the Senate’s stimulus package. Senate President Robert Travaglini and Sen. Therese Murray also have played important roles in advancing the plan.

Among other provisions, the $473 million Senate economic stimulus bill recapitalizes the Brownfields Redevelopment Fund at $30 million.