Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 38C of chapter 7 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out subparagraph (b) and inserting in place thereof the following subparagraph:-

(b) The board shall grant an exemption for two years from its jurisdiction to each public agency within the provisions of paragraphs (3) and (4) of section forty A, but in no event to any public agency within the provisions of paragraphs (1) and (2) of said section forty A, if the agency has filed a written application for an exemption pursuant to subparagraph (c) of this section; provided, however, that the board shall withhold an exemption if the board determines that the designer selection procedure proposed by the public agency does not substantially incorporate the procedures required in section thirty-eight B to thirty-eight J, inclusive, and section thirty-eight M, or that the selection of finalists will not be made with the advice of design professionals or that the procedure proposed by the public agency does not satisfy the purposes of sections thirty-eight A? to thirty-eight O, inclusive, as set forth in said section thirty-eight A?, or that withholding such an exemption is in the best interest of the commonwealth; provided, however, that nothing in this section shall be interpreted to require the establishment of a board as prescribed in section thirty-eight B or to waive or in any way diminish the requirements imposed by any other provision of the General Laws. No withholding of an exemption shall take effect until the board shall have specified in writing the reasons for withholding an exemption and any changes in the agency's procedures which are required before an exemption will be granted. An agency granted an exemption or renewal thereof from the jurisdiction of the board shall, during any period such exemption or renewal is in effect, advertise for designers, select any designers to perform any design services, and continue or extend the services of any designers in accordance with the agency's last written designer selection procedures approved by the board in conformity with this section.