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 1. Chapter 672 of the acts of 1974 is hereby amended by striking out section 1, as appearing in section 1 of chapter 694 of the acts of 1975, and inserting in place thereof the following section:-

Section 1. Findings and Purpose. It is hereby found that there exists within the commonwealth substantial unemployment which is detrimental to the welfare of the people of the commonwealth; that the termination by the United States of certain activities at the Westover Air Force Base will, in the absence of a speedy and orderly conversion and redevelopment of lands formerly used for such activities or lands affected by such uses to nonmilitary uses, result in blight, economic dislocation, and additional unemployment, all to the further detriment of the welfare of the people of the commonwealth; and that private, semiprivate or public enterprise, unaided by the commonwealth, is unable to accomplish such a speedy and orderly conversion and redevelopment so as to prevent such further detriment. It is further found that there are opportunities presented by such termination to private, semiprivate or public enterprise to alleviate such unemployment and that private, semiprivate or public enterprise, unaided by the commonwealth, is unable fully to utilize such opportunities.

Therefore, it is the purpose of the Westover metropolitan development corporation created by this act to aid private, semiprivate or public enterprise in the speedy and orderly conversion and redevelopment of lands formerly used for certain activities at said base or lands affected by such uses to nonmilitary uses including, but not limited to, industrial, commercial aviation or manufacturing uses, in order to prevent blight, economic dislocation and additional unemployment and to aid private enterprise fully to utilize opportunities to alleviate unemployment.

SECTION 2. Said chapter 672 is hereby further amended by striking out section 2, as appearing in section 2 of said chapter 694, and inserting in place thereof the following section:-

Section 2. As used in this act, the following words shall, unless the context requires otherwise, have the following meanings:-

"Corporation", the Westover metropolitan development corporation.

"Cost of a project", all costs, whether incurred prior to or after the issue of bonds or notes hereunder, of acquisition, site development, construction, improvement, enlargement, reconstruction, alteration, machinery, equipment, furnishings, demolition or removal of existing buildings or structures, including the cost of acquiring any lands to which such buildings or structures may be moved, financing charges, interest prior to and during the carrying out of any project, interest for up to two years after completion or estimated completion date of any project, planning, engineering and legal service, administrative expense, the funding of notes issued for capital purposes, such reserve for debt service or other capital or current expenses as may be required by a trust agreement or resolution securing notes or bonds, and all other expenses incidental to the determination of the feasibility of any project or to carrying out the project or to placing the project in operation.

"Economic development area", any part of the area formerly used by the United States for the Westover Air Force Base or lands affected by such uses.

"Economic development plan", a detailed plan, as it may be approved from time to time by the municipality as herein provided, for one or more economic development projects within an economic development area, which plan shall be consistent with local objectives respecting appropriate land uses, and shall be sufficiently complete to indicate the boundaries of the area, such land acquisition, such demolition, removal and rehabilitation of structures and such development, redevelopment and general public improvements as may be proposed to be carried out within such area, zoning and planning changes, if any, and proposed land uses, maximum densities and building requirements; provided, however, that no economic development plan shall propose zoning changes to or from business or residential uses, or provide for any office buildings other than one wholly incidental to a manufacturing, commercial or industrial use within the area without the specific approval of the city or town within which the project lies.

"Economic development project", a project to be undertaken in accordance with an economic development plan for acquisition by the corporation of land and the improvements thereon, if any, within an economic development area and for clearance, if necessary, rehabilitation, improvement and redevelopment for industrial, manufacturing, aviation or commercial uses. An economic development project may include improvements necessary for carrying out the objectives of the economic development project, together with such site improvements as are necessary for the preparation of any site for uses in accordance with the economic development plan, and making any land or improvements acquired in the area of the project available for redevelopment or rehabilitation by private enterprise, including sale, initial leasing or retention by the corporation for industrial, manufacturing, aviation or commercial uses in accordance with the economic development plan. An economic development project may also include the construction by the corporation of any of the buildings, structures or other facilities for industrial, manufacturing, aviation or commercial uses contemplated by the economic development plan and the repair, removal or rehabilitation by the corporation of any of the buildings, structures or other facilities located in the area covered by the economic development plan which, under such plan, are to be repaired, removed or rehabilitated.

"Lands", any real property, improvements thereon and related personal property.

"Lands affected by such uses", any real property, improvements thereon, air rights and related personal property located in the town of Granby, the town of Ludlow or the city of Chicopee.

"Municipality", the town of Ludlow, with respect to any parcel of land lying wholly therein, the town of Granby, with respect to any parcel of land lying wholly therein, the city of Chicopee, with respect to any parcel of land lying wholly therein, or the town of Ludlow or the town of Granby or the city of Chicopee acting jointly, with respect to any parcel of land lying partly within said town and partly within said city.

"Pollution control facilities", facilities for the prevention, avoidance, reduction, control, abatement or elimination of pollution of air or waters by industrial, manufacturing or commercial establishments by any means.

SECTION 3. Said chapter 672 is hereby further amended by striking out section 3, as appearing in chapter 67 of the acts of 1991, and inserting in place thereof the following section:-

Section 3. There is hereby created a body politic and corporate to be known as the Westover metropolitan development corporation, which shall be governed by a board of ten directors, all residents of the Springfield-Chicopee-Holyoke standard metropolitan statistical area, one of whom shall be appointed chairperson by a majority vote of the other directors, three of whom shall be appointed by the mayor of the city of Chicopee, with the approval of the board of aldermen of said city of Chicopee, two of whom shall be appointed by the first selectman of the town of Ludlow, with the approval of the board of selectmen of said town of Ludlow, one of whom shall be appointed by the board of selectmen of the town of Granby by a majority vote of said board and four of whom shall be experienced in industry, manufacturing, or commerce, three of whom shall not be residents of the city of Chicopee or the town of Ludlow or the town of Granby but one of whom shall be a resident of the town of Ludlow or the city of Chicopee and such four shall be appointed by a majority vote of the other directors; provided, however, that the initially appointed chairperson shall be one of three nominees of the Westover task force created by the joint commission on federal base conversion and those three members initially appointed on the basis of experience and nonresidency shall be appointed by the chairperson, each from among three nominees of said task force. The chairperson and other directors shall serve for terms of three years; provided, however, that of those initially appointed by the mayor of the city of Chicopee, two shall be for terms of two years, of those initially appointed by the first selectman of the town of Ludlow, one shall be for a term of two years, and of those initially appointed by the chairperson of the board, two shall be for terms of two years. Vacancies arising other than from the expiration of a term shall be filled for the remainder of the unexpired term in the same manner as regularly provided for such appointments. Directors shall receive no compensation for the performance of their duties hereunder, but each director may be reimbursed for expenses actually incurred in the performance of such duties.

A majority of the ten directors shall constitute a quorum for the transaction of any business, but the action of a majority of the entire board shall be required for any such transaction. For the purposes of section eleven A of chapter thirty A of the General Laws, the corporation shall be deemed to be an authority established by the general court to serve a public purpose in the commonwealth.

SECTION 4. Section 5 of said chapter 672 is hereby amended by striking out paragraph (k) and inserting in place thereof the following paragraph:-

(k) To designate, subject to the approval of the municipality, areas formerly used for the Westover Air Force Base or lands affected by such uses as economic development areas.

SECTION 5. Said section 5 of said chapter 672 is hereby further amended by striking out paragraph (m) and inserting in place thereof the following paragraph:-

(m) To acquire and hold any lands, or any interest therein, formerly used for the Westover Air Force Base or lands affected by such uses.

SECTION 6. Section 6 of said chapter 672 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- No economic development project shall be undertaken until a public hearing relating to the economic development plan covering such project has been held by the corporation after due notice, and the economic development plan has been approved, in the case of the town of Ludlow, by an affirmative two-thirds vote of an annual town meeting or a special town meeting called for such purpose and, in the case of the city of Chicopee, by a two-thirds vote of the board of aldermen with the approval of the mayor and, in the case of the town of Granby, by a two-thirds vote of an annual town meeting or a special town meeting called for such purpose.

SECTION 7. This act shall take effect upon its passage.