Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for capital outlays to enhance the efficiency of state government, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. To provide a program for the design, acquisition, and upgrading of major computer systems, and for certain other activities and projects, the sums set forth in section two of this act are hereby made available from the General Capital Projects Fund, subject to the provisions of law regulating the disbursement of public funds.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Division of Information Technology. `tc1 1790-8977 `tc4 For a reserve to fund the acquisition, upgrading, development, and implementation of comprehensive major information technology systems for certain departments of the government of the commonwealth, including the purchase and installation of certain computer and data processing equipment, and for costs associated with planning, certain software development projects and related implementation costs, including the salaries and other personnel costs of staff assigned to said projects; provided, however, that an amount not to exceed two million two hundred thousand dollars may be expended for the district attorney database development project, so-called, of the district attorneys association; provided, further, that an amount not to exceed four million five hundred thousand dollars may be expended on the integrated legal and criminal justice information system of the executive office of public safety, or ILCJIS, so-called; provided, further, that an amount not to exceed two million four hundred thousand dollars may be expended on a firearm licensing and imaging project of the executive office of public safety, or FLIP, so-called; provided, further, that an amount not to exceed five million dollars may be expended for NCIC-2000 workstations of the criminal history systems board; provided, further, that an amount not to exceed four million dollars may be expended on the re-engineering of the systems of the criminal history systems board; provided, further, that an amount not to exceed twelve million dollars may be expended on a state police information network of the state police department, or SPIN, so-called; provided, further, that an amount not to exceed eight million eight hundred thousand dollars may be expended on the inmate record imaging and archiving project of the department of correction; provided, further, that an amount not to exceed six hundred fifty thousand dollars may be expended to create an interface with district courts relating to driving under the influence to systems of the registry of motor vehicles; provided, further, that an amount not to exceed four hundred twenty thousand dollars may be expended for an automated testing system, so-called, of the registry of motor vehicles; provided, further, that an amount not to exceed forty thousand dollars may be expended to expand the automated booking system of the Massachusetts bay transportation authority police department; provided, further, that an amount not to exceed five million dollars may be expended on statewide law enforcement technology training centers for the executive office of public safety for the purpose of training law enforcement recruits in modern law enforcement technology; provided, further, that said statewide law enforcement technology training centers shall be established at all state, regional and municipal police training schools which can support a minimum of thirty law enforcement recruits and which the executive office of public safety and the division of information technology determine to have adequate space and facilities to implement computers and related equipment; provided, further, that law enforcement recruits receiving basic training at any regional or municipal police training school which does not qualify as a law enforcement technology training center shall attend the nearest regional or municipal training school designated as a law enforcement technology training site for the purpose of receiving a course of instruction in law enforcement technology; provided, further, that no funds shall be expended from this item until a plan detailing said expenditures is submitted to the house and senate committees on ways and means and the house and senate committees on science and technology; and provided, further, that procurements made for the purposes of the projects funded herein shall satisfy the standards set by the governor's advisory council on information technology standards, or the GACIT standards, so-called `tc6 $45,010,000 `tc1 1790-8978 `tc4 For a reserve to fund the acquisition, upgrading, development, and implementation of comprehensive major information technology systems for certain departments of the commonwealth, including the purchase and installation of certain computer and data processing equipment, and for costs associated with planning, certain software development projects and related implementation costs, including the salaries and other personnel costs of staff assigned to said projects; provided, however, that the division of information technology shall implement statewide comprehensive integrated information systems within and between the offices of the departments of the state government of the commonwealth, to the extent possible, which is intended, among other purposes, to allow for the exchange of information within and between said departments, other state agencies, and the public that interact with said departments; provided, further, that an amount not to exceed eleven million dollars may be expended to provide oversight and coordination by the division of information technology to all projects and systems funded herein; provided, further, that an amount not to exceed thirty-two million eight hundred and ninety thousand dollars may be expended on a Massachusetts access to government network project of the division of information technology, or MAGNET, so-called; provided, further, than an amount not to exceed three million dollars may be expended on a project to provide data interchange and system interoperability to reduce costs and increase revenues across multiple programs and departments by the division of information technology, or project intercept, so-called; provided, further, an amount not to exceed sixteen million dollars may be expended for major information technology systems development projects at the division of information technology; provided, further, that an amount not to exceed nine million two hundred and fifty thousand dollars may be expended to provide backup disaster recovery to the computer operations of the department of revenue; provided, further, that an amount not to exceed five million one hundred and seventy thousand dollars may be expended to develop and implement a client server network of the department of revenue; provided, further, that an amount not to exceed three million fifty thousand dollars may be expended for the application of imaging and workflow technology to the operation of the department of revenue; provided, further, that an amount not to exceed two million six hundred and forty thousand dollars may be expended to expand mass storage capacity of the computer operations of the department of revenue; provided, further, that an amount not to exceed one million seven hundred and sixty-seven thousand dollars may be expended for the application for the robotics tape technology to the computer operations of the department of revenue; provided, further, that an amount not to exceed eight hundred and twenty thousand dollars may be expended to expand interactive voice/data systems for taxpayer services of the department of revenue; provided, further, that an amount not to exceed one million three hundred and twenty thousand dollars may be expended on a project to automate and enhance collections of the department of revenue, or the automated collection system, so-called; provided, further, that an amount not to exceed five hundred and seventy thousand dollars may be expended to enhance the audit capacity of the department of revenue, or the auditors workbench project, so-called; provided, further, that an amount not to exceed five hundred thousand dollars may be expended for a laser printer upgrade of the department of revenue; provided, further, that an amount not to exceed four hundred and forty thousand dollars may be expended for an executive information system of the department of revenue, or the EIS project, so-called; provided, further, that an amount not to exceed two hundred and sixty thousand dollars may be expended to enhance the wage reporting system for new hires at the department of revenue; provided, further, that an amount not to exceed two hundred and twenty thousand dollars may be expended for the application of artificial intelligence technology of the department of revenue; provided, further, that an amount not to exceed eighty thousand dollars may be expended for the automation of the George Fingold Library; provided, further, that an amount not to exceed two hundred thousand dollars may be expended to expand the community housing opportunity enforcement system of the Massachusetts commission against discrimination; provided, further, that an amount not to exceed thirty million dollars may be expended on the electronic commerce project, so-called, of the office of the comptroller, and federal reimbursements received by the commonwealth on account of this project of electronic commerce shall be credited as unrestricted revenue to the General Capital Projects Fund; provided, further, that an amount not to exceed two million two hundred thousand dollars shall be expended for various automation projects for the house of representatives; provided further, that two million two hundred thousand dollars shall be expended for various automation projects for the senate, including two hundred thousand dollars which shall be expended for the development of a video conferencing system for the senate; provided, further, that an amount not to exceed nine hundred and eighty thousand dollars may be expended to enhance the automation for oversight and fee collection of the public charities division of the office of the attorney general; provided, further, that an amount not to exceed one million sixty thousand dollars may be expended for the systems migration project of the office of the attorney general; provided, further, that an amount not to exceed three million dollars may be expended for the automation of audit preparation and office activities of the office of the state auditor; provided, further, that an amount not to exceed four million dollars may be expended for various system migration and integration activities of the secretary of state; provided, further, that an amount not to exceed four million five hundred thousand dollars may be expended to create an integrated licensing and document management system of the executive office of consumer affairs; provided, further, that an amount not to exceed two million two hundred and fifty thousand dollars may be expended on the massbusnet project, so-called, of the department of economic development; provided, further, that an amount not to exceed one hundred and fifty thousand dollars may be expended to enhance telecommunications and computerization of the state office of women and minority businesses assistance; provided, further, that an amount not to exceed three million seven hundred and ten thousand dollars may be expended for the workforce development network, so-called, of the department of economic development; provided, further, that an amount not to exceed six hundred thousand dollars may be expended on a human resources investment information/placement accountability system, so-called, of the department of economic development; provided, further, that an amount not to exceed four hundred thousand dollars may be expended for the expansion of the home care management information system of the executive office of elder affairs, or HOMIS, so-called; provided, further, that an amount not to exceed one million ninety thousand dollars may be expended for an environmental police mobile network of the executive office of environmental affairs; provided, further, that not more than two million dollars may be expended for a permit streamlining information system of the executive office of environmental affairs; provided, further, that an amount not to exceed five hundred thousand dollars may be expended on a project of the executive office of environmental affairs to create an electronic interface to the billing and accounts receivable system of the state comptroller; provided, further, that an amount not to exceed three million dollars may be expended to create a facility based information system, so-called, of the executive office of environmental affairs; provided, further, that an amount not to exceed two million six hundred and seventy thousand dollars may be expended to create a system for on-line environmental licensing and reservations of the executive office of environmental affairs; provided, further, that an amount not to exceed five million dollars may be expended for a digital parcel base map project, so-called, of the executive office of environmental affairs; provided, further, that an amount not to exceed one million dollars may be expended on a client fiscal management system, so-called, of the department of housing and community development; provided, further, that an amount not to exceed five million dollars may be expended on various system integration projects of the executive office of health and human services; provided, further, that an amount not to exceed seven hundred and ninety thousand dollars may be expended to implement the priority reporting integrated system match of the department of transitional assistance, or PRISM, so-called; provided, further, that an amount not to exceed six million dollars may be expended to further enhance the automated benefit eligibility and control on-line network, or the BEACON project, so-called, of the department of transitional assistance, said amount to be in addition to amounts appropriated in item 4400-1111, and federal reimbursements received by the commonwealth on account of this additional six million dollars appropriation shall be credited as unrestricted revenue to the General Capital Projects Fund; provided, further, that an amount not to exceed one hundred and thirty thousand dollars may be expended on a consortium of northeastern states project of the department of labor and workforce development, or CONES, so-called; provided, further, that an amount not to exceed two hundred and fifty thousand dollars may be expended for systems upgrades at the office of the inspector general; provided, further, that an amount not to exceed one million seven hundred and forty thousand dollars may be expended for the automation of the committee for public counsel services; provided, further, that an amount not to exceed five million dollars may be expended for the automation of the department of mental health; provided, further, that the secretary for administration and finance, on the recommendation of the division of information technology, may require initial or periodic approval processes, or project set-asides, for the purpose of ensuring the successful implementation of systems funded herein and the ability of such systems to interoperate where appropriate; provided, further, that no funds shall be expended from this item until a plan detailing said expenditures is submitted to the house and senate committees on ways and means and the house and senate committees on science and technology; provided further that, not less than four hundred fifty thousand dollars shall be expended to the Massachusetts Career Development Institute for educational and technical programming technologies; and, provided further, that not less than one million dollars shall be expended for regional economic development projects relative to telecommunications `tc6 $179,397,000 `tc1 1790-8979 `tc4 For a reserve to fund the planning, design, acquisition, implementation and oversight of educational technology projects; provided, however, that not more than twelve million dollars may be expended on the acquisition, configuration, and installation of so-called community communication servers or other equipment or software needed to connect local networks to external networks for district and statewide connectivity, provided that preference shall be given to school districts who do not have connectivity to district or statewide networks; provided further, that not more than six million dollars may be expended on improvements to the commonwealths education technology network infrastructure, provided that ongoing costs shall be shared among the school districts utilizing said network; provided further, that not more than two million dollars may be expended for the state education information management system for the department of education; provided further, that not more than three million dollars may be expended on the conversion of three full-power noncommercial educational television stations providing free, accessible services to schools, homes, and organizations within and throughout the commonwealth, to digital broadcast advanced television capabilities, for the purpose of providing education and public interest programming and services, with said investment to be matched by the recipient; provided further, that not more than five hundred thousand dollars may be expended for the board of higher education to conduct systemwide planning for educational information technology at all public state and community colleges; provided further, that not more than twelve million dollars may be expended for campus infrastructure upgrades at all public state and community colleges; provided further, that no less than two hundred and fifty thousand dollars may be expended on the John Joseph Moakley Center for Technological Applications at Bridgewater State College for equipment and technology programs; provided, further, that not less than five hundred twenty thousand dollars shall be expended for Berkshire Community College for the costs associated with, but not limited to, the acquisition and upgrading of computer systems, including the purchase and installation of computer and data processing equipment and costs associated with the purchase and installation of certain software; provided, however, no funds shall be distributed for campus infrastructure upgrades until the board of higher education has completed said systemwide plan and said plan has been approved by the division of information technology; provided further, that not more than five hundred thousand dollars may be expended for the design of a state higher education information system for the board of higher education; provided further, that not more than five million dollars may be expended for information technology at all public state and community college campus libraries; provided further, that an amount not to exceed five million dollars may be expended on the public library for the twenty-first century project, so-called, of the university of Massachusetts; provided further, that an amount not to exceed five million dollars may be expended on the Massachusetts information turnpike initiative, so-called, of the university of Massachusetts; provided, further, that initiative shall include Berkshire county; provided further, that an amount not to exceed five million dollars may be expended for distance learning across all campuses of the university of Massachusetts; provided further, that the university of Massachusetts is hereby authorized and directed to collaborate with the public state and community college system for the purpose of sharing technical educational applications; and provided further, that not more than thirty million dollars may be expended for matching grants to encourage and support local investments in education technology projects by school districts, regional school districts, charter school, and where applicable, educational collaboratives, who shall submit local technology plans to the department of education for approval no later than July first, nineteen hundred and ninety-seven. Said local technology plan shall identify a demonstration of broad-based community involvement and coordination with community resources; a clear vision statement with realistic goals describing how technology will be employed to enhance the education curriculum, professional development, classroom and school management, and equal access for all students; an inventory of current technology, a summary of recent expenditures and an assessment of technology skills among students, teachers and school administrators; a description of the hardware, software, and personnel initiatives that will be used to implement the plan over the succeeding five years following submission of the plan, including potential sources of funding and cost estimates; a specific plan for the first year of implementation; and a description of how the plan shall be monitored, evaluated, and, where applicable, revised; provided further, that within the city of Cambridge, schools categorized as being level one and level two in the Free or Reduced Lunch Program as of December thirty-first, nineteen hundred and ninety-five shall receive funds under the provisions of this act before any other school in the city of Cambridge; provided further, that anticipated capital spending levels in excess of thirty dollars per student contained within each local technology plan shall not be eligible for matching grant funds, and any such capital expenditures exceeding a spending level of thirty dollars per student shall be borne by the applicant school district, regional school district, charter school, or educational collaborative; provided further, that no grant funds shall be expended for administrative, personnel, and other operational costs; provided further, that each grant awarded herein shall be matched by the recipient from all sources, including local, federal or private resources; provided further, that fifty percent of all educational technology expenditures, including related administrative and operational costs, made in the fiscal year prior to the submission of the local technology plan by a school district, regional school district, charter school, or educational collaborative, shall be used for purposes of determining its local match, and one hundred percent of all educational technology expenditures, including related administrative and operational costs, made in the fiscal year within which occurs the submission of the local technology plan by a school district, regional school district, charter school, or educational collaborative, shall be used for purposes of determining its local match; provided further, that the department of education shall submit a report detailing the amount of grants awarded to grant recipients and descriptions of said projects to the house and senate committees on ways and means and the house and senate committees on science and technology; provided, further that fifty thousand dollars be expended for the proposed Stephen Palazzo Computer Center in the Bernardston elementary school in the town of Bernardston; provided further, that said matching resources do not exceed a ratio of three to one; and provided further, that the department of education shall ensure that said matching resources do not place an unreasonable financial burden upon grant recipients, based upon a recipients' available financial resources `tc6 $86,000,000 `tc2 University of Massachusetts, Dartmouth. `tc1 7100-0200 `tc4 For the upgrade and acquisition of computers and related equipment `tc6 $910,000 `tc2 Bristol Community College. `tc1 7503-0200 `tc4 For upgrade and acquisition of computers and related equipment `tc6 $1,900,000 `tcol;end

SECTION 3. To meet the expenditures necessary in carrying out the provisions of section two, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth to an amount specified by the governor from time to time, not exceeding, in the aggregate, three hundred two million two hundred and seventeen thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Information Technology Loan Act of 1996, and shall be issued for a maximum term, not exceeding seven years, as the governor may recommend to the general court pursuant to section three of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, that all such bonds shall be payable not later than June thirtieth, two thousand and fifteen. All interest and payments on account of principal of such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 4. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purposes of meeting payments authorized by section two of this act and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such times and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with section three of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and three. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth. All interest and payments on account of principal of such obligations shall be payable from the General Fund.

SECTION 5. Expenditures of funds for the purpose of section two shall be based upon schedules prepared by the division of information technology and submitted to the secretary for administration and finance, the house and senate committees on ways and means, and the house and senate committees on science and technology thirty days prior to the obligation of said funds. Said office is hereby further authorized and directed to file annually with said committees, commencing not later than September first, nineteen hundred and ninety-six, an accounting of expenditures for said projects contained in section two for the prior fiscal year, including, but not limited to an accounting of the amount expended for hardware, software and personnel, an assessment of whether such project is within budget and on schedule for completion, and an explanation of any deviations in completion timetables and funding needs that were originally established for such projects. Said office shall simultaneously file with said committees and said secretary a spending plan identifying projected expenditures on such projects in the current fiscal year, including but not limited to, expenditures by type, and projected milestones and completion schedules.

SECTION 6. Item 4400-1111 of section 2A of chapter 194 of the acts of 1992 is hereby amended by striking out, in line 14, the word "twenty-one" and inserting in place thereof the following word:- fifteen.

SECTION 7. Section 4 of said chapter 194 is hereby amended by striking out, in lines 4 and 5, the words "eleven million three" and inserting in place thereof the following words:- seventeen million eight.

SECTION 8. Notwithstanding the provisions of any general or special law to the contrary, whenever an office, bureau, board, division or department is transferred or renamed, or the functions thereof are transferred pursuant to an act effective subsequent to the effective date of this act, all projects funded in section two shall be transferred to the successor office, bureau, board, division or department established by operation of such subsequent act.

SECTION 9. The chief justice for administration and management of the trial court is hereby authorized and directed to conduct a study of the process of electronic imaging and electronic images of public records, criminal records, and financial and business records including, but not limited to, usage and admissibility in a court of law of the electronic image for evidentiary purposes, the validity and reliability of electronic records imaging, time and cost savings as to electronic records imaging, current and future technology of electronic imaging, the preservation of the electronic image as a public record of the original document, the necessity to preserve the original document for record-keeping purposes, and privacy and security of confidential information. The chief justice for administration and management of the trial court shall report the results of said study, together with recommendations to ensure the appropriate response to the technology of electronic imaging of records, to the joint committee on the judiciary, senate and house committees on science and technology, and the house and senate committees on ways and means no later than December thirty-first, nineteen hundred and ninety-six.

SECTION 10. Notwithstanding the provisions of any general or special law to the contrary, the division of information technology shall maximize the use of the public institutions of higher education when providing training on matters pertaining to information technology to employees of the commonwealth.

SECTION 11. `tuc ESTABLISHING THE MYSTIC VALLEY DEVELOPMENT COMMISSION

(a) The following words, whenever used in this section shall have the following meanings:

"Blighted open area", a predominantly open area which is detrimental to the safety, health or sound growth of a community and which is predominantly open because it is unduly costly to develop it soundly through the ordinary operations of private enterprise. Factors which might make an area unduly expensive to develop include, but are not limited to: existence of hazardous materials or other contaminants, existence of ledge, rock, unsuitable soil, or other physical conditions, need for unduly expensive excavation, fill or grading, need for unduly expensive foundations or retaining walls, need for unduly expensive waterproofing, drainage or flood prevention measures, need for unduly expensive measures to protect adjacent areas and the water tables therein, need for unduly expensive measure incident to building around or over rights-of-way through the area, existence of obsolete, inappropriate or otherwise faulty platting or subdividing, deterioration of site improvements or facilities, division of the area by rights-of-way, diversity of ownership, inadequate transportation facilities, inadequate systems, and special assessments delinquencies, a substantial change in business or economic conditions or practices, an abandonment or cessation of work begun on improvements, any combination of the above, or any other condition or conditions which are detrimental to the safety, health, morals or sound growth of a community.

"Commission", the Mystic Valley Development Commission, a public body politic and corporate created pursuant to subsection three.

"Decadent area", an area which is detrimental to the safety, health or sound growth of a community because of the existence of buildings which are physically deteriorated, unfit for human habitation, obsolete, or in need of major maintenance, or renovation, or repair, or because of much of the real estate in recent years has been sold or taken for nonpayment of taxes or upon foreclosure of mortgages, or because buildings have been torn down and not replaced and in which under existing conditions it is improbable that the buildings will be replaced, or because of a substantial change in business or economic conditions, or because of inadequate light, air or open space, or because of excessive land coverage, or because diversity of ownership, irregular lot sizes or obsolete street patterns make it improbable that the area will be redeveloped by the ordinary operations of private enterprise, or by reason of any combination of the foregoing conditions.

"Department", division of housing and community development.

"Federal government", the United States of America, and any agency or instrumentality corporate or otherwise of the United States of America.

"Federal legislation", any legislation of the congress of the United States relating to federal assistance for clearance of decadent or blighted open areas, city or regional planning, economic development, rehabilitation, relocation or any related matters, and any regulations authorized thereunder.

"Municipal officers", the city council with the approval of the mayor. The municipal officers are hereby designated as the local governing body for purposes of any approval or action of such body required by federal legislation.

"Participating cities", such of the cities of Malden, Medford and Everett as accept the provisions of this section pursuant to subsection three hereof.

"Plan", the detailed plan, as it may exist from time to time, for the project, which plan may comply with all requirements from time to time prescribed by federal legislation in order to qualify the project for federal financial assistance. The plan shall be sufficiently complete (a) to locate the boundaries of the project area, (b) to indicate such land acquisition, demolition, removal, rehabilitation of structures, redevelopment and general public improvements as may be proposed to be carried out within the project area, (c) to specify zoning and planning changes, if any, and proposed land uses, maximum densities and building requirements and (d) to establish an assessment and collection plan for implementation by the commission, for the assessing of proportional and reasonable property taxes, betterment assessments and other fees and charges which can be levied or assessed by municipalities under the General Laws of the commonwealth against lands held by or acquired from the commission. The plan shall indicate or be accompanied by materials indicating the proposed method for relocation of persons and organizations to be displaced by the project.

"Project", the Mystic Valley Development Project, a project to be undertaken in accordance with the plan (1) for the development of an industrial and office park through the collaboration of government at all levels, public and private institutions of higher education, and private enterprise; which park may include, among other activities, facilities for the carrying on of research and development and production of innovative and advanced communication technologies, and (2) for the elimination of and for the prevention of the spread of decadent or blighted open areas included within the project area and covered by the plan through the development of the industrial and office park within the project area, including the restoration and renewal of portions of such area by a program of voluntary repair and rehabilitation of buildings or other improvements or by the acquisition by gift, purchase or eminent domain of land and improvements thereon, if any, and demolition, removal, rehabilitation or reconstruction of any such improvements whenever necessary to permit the development of the industrial and office park. "Project" may also include the provision of financial and other assistance in the relocation of persons and organizations displaced as a result of carrying out the project, the installation, construction or reconstruction of public and private ways, public utilities and services, off-street parking lots, traffic systems and other like improvements necessary for carrying out the objectives of the project, together with such site improvements as are necessary for the preparation of any sites for uses in accordance with the plan, and making any land or improvements acquired in the area of the project available for redevelopment or rehabilitation by private enterprise or public charitable agencies, including sale by the commission itself for commercial, industrial, public, charitable or other uses in accordance with the plan. The term "redevelopment" shall include "development".

"Project area", those portions of the areas in the cities of Malden, Medford and Everett which are within the boundaries of the parcel shown on the plan entitled "Massachusetts Communications Technology Park - Everett - Malden - Medford" prepared by Cecil & Rizvi, Incorporated, Dated October tenth, nineteen hundred and ninety-five (the "project map").

"Relocation payments", payments whether or not required by federal legislation made by the commission as reimbursement or compensation for the reasonable moving expenses necessarily incurred and any actual, direct loss of property, except good will or profit, suffered by individuals, families, business concerns and nonprofit organizations, resulting from displacement, if such displacement is reasonably required to carry out the plan or because of the acquisition of property by the commission. Such relocation payments shall not include reimbursement or compensation for any expenses or losses for which reimbursement or compensation would be otherwise made, nor shall any person have any right of action for relocation payments, except as provided by federal legislation or chapter seventy-nine A.

(b) The provisions of this section are hereby declared to be severable and if any such provision or the application of such provision to any person or circumstances shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to affect the validity or constitutionality of any of the remaining provisions of this section or application of such provision to persons or circumstances other than those as to which it is held invalid. It is hereby declared to be the legislative intent that this section would have been adopted had such invalid or unconstitutional provisions not been included therein.

(c) There is hereby created a public body politic and corporate to be known as the Mystic Valley Development Commission which shall consist of members from at least two of the participating cities; provided that the legal existence of the commission shall not commence unless and until on or before December thirty-first, nineteen hundred and ninety-six, the municipal officers of at least two of the participating cities shall have voted to accept the provisions of this section. Any participating city which has not accepted the provisions of this section on or before such date, may thereafter, with the consent of the municipal officers of each of the cities previously voting to accept the provisions of this section, accept the provisions of this section and become part of the commission.

(d) The commission shall be managed, controlled and governed by a board of either five or seven members selected and serving as provided in this subsection.

(1) The mayor of each participating city and one designee appointed by the mayor from time to time shall each serve as a member of the board of the commission; provided, however, that the mayor shall have the right to appoint an individual to act as a member of the board in the stead of the mayor. The mayor shall have the right to change any such appointment during the balance of the mayor's existing term.

(2) The governor or his designee shall serve as an ex officio member of the board.

(3) In the event that only two cities accept the provisions of this section, the board of the commission shall consist of five members. When the board consists of five members, three members shall constitute a quorum. In the event that three cities accept the provisions of this section, the board of the commission shall consist of seven members, of whom five shall constitute a quorum.

(4) Any person assuming the position of a member of the commission shall file a certificate of such assumption with the department. If the department finds that the commission has been duly organized and constituted, the department shall issue a certificate of organization to the commission and such certificate shall be conclusive evidence of the lawful organization of the commission and of the appointment of the members thereof. Every member shall serve until the qualification of his or her successor. Whenever the membership of the commission is changed by appointment, election, resignation or removal, a certificate and duplicate certificate to that effect shall be promptly so filed. A certificate so filed shall be conclusive evidence of the change in membership of the commission referred to therein.

(5) Notwithstanding anything in this section to the contrary:

(i) the mayor of each participating city shall have an absolute veto power over any action by the commission as that action applies to that city, the city council of that city having no power to override such veto. This veto shall be exercised within thirty days of the commission's taking such action.

(ii) no action taken by the commission shall be binding on any participating city unless all commission members representing such city vote to approve such action as it applies to such city;

(iii) no commission member representing one participating city shall have the right to act to prevent the commission from taking any action with respect to the other participating cities.

(e) The commission shall elect from among its members a chairman and a vice chairman, and a secretary and treasurer. Each member shall serve without compensation. The commission may employ counsel, an executive director and such other officers, agents and employees as it deems necessary or proper. The commission shall have the right to contract with any public agency qualified and authorized to carry out urban redevelopment activities, as set forth in subsection (s), to carry out the functions of the commission and to act as the agent of the commission. The commission may delegate to such agent such powers and duties as said commission deems necessary or proper for the carrying out of any action determined to be undertaken by said commission.

(f) The commission shall have the following powers:

(1) to sue and be sued; to have a seal; to have corporate succession;

(2) to act as agent of, or to cooperate with the federal government in any project which it is authorized to undertake;

(3) to receive loans, grants and annual or other contributions from the federal government or from any other source, public or private;

(4) to take by eminent domain under chapter seventy-nine or chapter eighty A property which is a blighted, open or decadent area within a participating city which property has been designated as property to be taken under the plan, provided that the mayor of such participating city has authorized the commission to exercise such power with respect to such property, or;

(5) to acquire by purchase, lease, gift, bequest or grant, and hold, clear, repair, or operate any property, real or personal, or any interest therein, found by it to be necessary or reasonably required to carry out the purposes of this section, or any of its sections; and to sell, exchange, transfer, lease or assign the same, provided, that in case of a taking by eminent domain under said chapter seventy-nine, the provisions of section forty of said chapter shall be applicable, except that the security therein required shall be deposited with the mayor of the city in which the property to be taken is situated. Except as herein otherwise provided, the provisions of chapters seventy-nine and eighty A relative to counties, cities, towns and districts, so far as pertinent, shall apply to the commission and the members of the commission shall act on its behalf under those chapters.

(6) to clear and/or improve any property acquired by it;

(7) to engage in or contract for the construction, reconstruction, alteration, remodeling or repair on any property acquired by it;

(8) to make relocation payments to persons and businesses displaced as a result of carrying out the project;

(9) to borrow money for any of its purposes upon the security of its bonds, notes or other evidences of indebtedness, and to secure the same by mortgages upon property held or to be held by it or by pledge of its revenue, including without limitation grants or contributions by the federal government, or in any other lawful manner, and in connection with the incurrence of any indebtedness to covenant that it shall not hereafter mortgage the whole or any specified part of its property or pledge the whole or any specified part of its revenues;

(10) to invest in securities legal for the investment of funds of savings banks any funds held by it and not required for immediate disbursement;

(11) to enter into agreements with the federal government and with the participating cities containing such covenants, terms and conditions as the commission may deem desirable;

(12) to enter into, execute and carry out contracts and all other instruments necessary or convenient to the exercise of the powers granted in this section;

(13) to make, and from time to time amend or repeal, subject to the approval of the department, by-laws, rules and regulations, not inconsistent with pertinent rules and regulations of the department to govern its proceedings and effectuate the purposes of this act;

(14) to determine what areas within its jurisdiction constitute decadent or blighted open areas with the concurrence of the mayor of the participating city in which such areas are located;

(15) to prepare the plan for the clearance and development, or conservation and rehabilitation of decadent or blighted open areas for purposes of the project, including a program of voluntary repair and rehabilitation of buildings and improvements and a program for the demolition and removal of buildings and improvements;

(16) to prepare or cause to be prepared a workable program for development of the project;

(17) to enforce restrictions and controls contained in the plan or any covenant or agreement contained in any contract, deed or lease by the commission notwithstanding that the commission may no longer have any title to or interest in the property to which such restrictions and controls apply or to any neighboring property;

(18) to conduct investigations, make studies, surveys and plans and disseminate information relative to development of the project and the project area, including desirable patterns for land use, relocation, and any other matter deemed by it to be material in connection with any of its powers and duties, and to make such studies, plans and information available to the federal government, to agencies or subdivisions of the commonwealth and to interested persons;

(19) to receive gifts, loans, grants, contributions or other financial assistance from the federal government, the commonwealth, the participating cities or any other source;

(20) to implement, upon the approval of the plan, the assessing of property taxes, betterment assessments and other fees and charges provided for in the plan on land within the project area which was acquired or rehabilitated, by the commission or otherwise, with the proceeds of such bonds or with federal or state funds made available though the commission, and to exercise such powers as may be granted to cities and towns under the General Laws of the commonwealth to enable the collection of such taxes assessments and other fees and charges; and

(21) to exercise all other powers necessary or convenient to the implementation of the plan and the carrying out of the project.

(g) (1) Each contractor with the commission and each subcontractor shall comply with the applicable requirements of chapter one hundred and forty-nine as to wages and hours of labor and any other conditions relating to employment. The department generally enforcing the requirements of such chapter shall enforce this paragraph and shall also have power to petition the court for injunctive or other appropriate relief against any operating agency which fails to comply herewith.

(2) The provisions of chapter thirty-one and the rules made thereunder shall not apply to any officer or agent of the commission or to any person employed on or in connection with any project of the commission.

(3) The provisions of chapter thirty B and any rules or regulations issued thereunder shall apply to all procurement or disposition activities undertaken by the commission except to real property acquisitions or dispositions made by the commission within the project area.

(4) All ordinances and regulations of the participating cities in which any portion of the project lies relating to the construction of buildings, municipal planning and zoning and the protection of public health shall apply to such portion of the project located in such city, except that in the event of any conflict between the plan and such ordinances or regulations, including without limitation ordinances governing zoning and other land use matters, the provisions of the plan shall govern with respect to real property which is designated in the plan to be acquired or rehabilitated.

(h) (1) The commission shall be liable in contract or in tort in the same manner as a private corporation. The members, employees, officers and agents of the commission shall not be liable as such on its contracts or for torts not committed or directly authorized by them nor shall said members be liable for any negligent or wrongful act or omission for which the commission would be liable under applicable rules of law, in which event any action either civil or criminal against the commission shall be the exclusive remedy for any injured party. The property or funds of the commission shall not be subject to attachment or to levy and sale on execution, but if the commission refuses to pay a judgment entered against it in any court of competent jurisdiction, the superior court, sitting within and for the county in which the commission is situated, may, by writ of mandamus, direct the treasurer of the commission to pay such judgment. The real estate of the commission shall not be subject to liens under chapter two hundred and fifty-four, but the provisions of sections twenty-eight and twenty-nine of chapter one hundred and forty-nine shall be applicable to any construction work by or on behalf of the commission. Notwithstanding anything to the contrary provided herein, no accepting city shall be responsible for any debt of the commission.

(2) The commission shall have the right to compel the removal and relocation of and shall reimburse the Massachusetts bay transportation authority and every railroad corporation for all reasonable costs and expenses incurred by the said transportation authority or such railroad corporation to relocate such of their respective facilities as are required to be removed as part of the project being undertaken pursuant to this act by the commission and as are necessary for the continuance of the common carrier services performed by said transportation authority or such railroad corporation. "Facilities", as used in this paragraph, shall mean poles, tracks, switches, wires, conduits, cables, signals, and structures and in additional thereto equipment appurtenant to any of the foregoing.

(i) (1) The bonds, notes and certificates of indebtedness of the commission, in the absence of an express recital to the contrary on the face thereof, shall constitute negotiable instruments for all purposes. They may be payable from the income of the commission or constitute a general obligation thereof, may be sold at not less than par, at public or private sale, may mature at such time or times, may be secured in such manner, may provide for such rights and remedies upon their default, may contain such other covenants, terms and conditions not inconsistent with law, may be executed by such officers, and may be issued with or without the corporate seal, all as may be authorized either by vote of the commission or by the officer or officers to whom the power to determine any or all the matters set forth in this sentence may be expressly delegated by vote of the commission. The engraved or printed facsimile of the seal of the commission on its bonds, notes or certificates of indebtedness shall have the same validity and effect as if such seal were impressed thereon. Whenever a bond, note or certificate of indebtedness is required to bear the signatures of two or more officers, it shall be sufficient if the signature of any one of such officers upon such instrument is a written signature and the remaining signature or signatures are engraved, printed or stamped facsimile signatures; provided, that each officer whose facsimile signature appears on such instrument has, by a writing bearing his written signature and filed in the office of the secretary of the commission, authorized the officer whose written signature appears on such instrument to cause such facsimile to be placed thereon. The facsimile signature of any officer so engraved, printed or stamped thereon shall have the same validity and effect as his written signature. In case any officer whose signature or a facsimile thereof appears on any notes, bonds or coupons shall cease to be such officer before the delivery of such notes or bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery.

(2) The bonds, notes and certificates of indebtedness of the commission issued under this section and the interest thereon shall be exempt from taxation, with respect to principal and income. The bonds of the commission issued under this section shall be legal investments for the deposits and the income derived therefrom of savings banks, for the trust funds of trust companies, for the capital and other funds of insurance companies, and for funds over which the commonwealth has exclusive control.

(3) The proceeds of bonds issued pursuant to this section shall be available to pay the costs of issuance thereof, to reimburse the participating cities for monies advanced to the commission and to pay costs incurred by the commission in connection with the operation of the commission, the implementation of the plan and the carrying out of the project.

(j) (1) The real estate and tangible personal property of the commission shall be deemed to be public property used for essential public and governmental purposes and shall be exempt from taxation and from betterments and special assessments and other fees and charges. In lieu of such taxes, betterments, special assessments and other fees and charges, the commission shall make a payment to each participating city in an amount set forth in (c)(ii)(x) below on account of the real property of the commission located in such city.

(2) Except as provided in paragraph (3), nothing in this section shall be construed to prevent the taxation to the same extent and in the same manner as other real estate is taxed, of real estate acquired by the commission for the project and sold by it, or of the leasehold interests and buildings and other structures belonging to private individuals or corporations on land acquired by it; provided, however, that real estate so acquired by the commission and sold or leased to an urban redevelopment corporation or other entity operating under chapter one hundred and twenty-one A, or to an insurance company or savings bank or group of savings banks operating under said chapter, shall be taxed as provided in said chapter and not otherwise; and provided, further, that nothing in this chapter or in chapter fifty-nine shall be construed to require a city to impose a tax on the leasehold of real estate owned by the commission and leased by it beyond any amount which the city and the commission have agreed to be the payment in lieu of taxes hereunder.

(3) (i) For the period during which any bonds issued by the commission pursuant to this section are outstanding, real property located within the project area which was acquired or rehabilitated, by the commission or otherwise, with the proceeds of such bonds or with federal or state funds made available though the commission, shall be exempt from taxation, as if such exemption was set forth in section five of chapter fifty-nine of the General Laws, and from all betterments and special assessments, provided that the owners of such real property shall have entered into an agreement (a "PILOT agreement") with the commission providing for the payment in lieu of taxes, by such owner, of an amount determined by the commission, in accordance with the provisions of paragraph (4) of this subsection, which PILOT agreement shall run with and be binding on the subject real property and that the payments under the PILOT agreement are made in accordance with the terms thereof. For purposes of this section "real property" shall be deemed to include the buildings and other improvements located thereon, and "real estate taxes" shall include, without limitation, betterments and special assessments. Amounts received by the commission under PILOT Agreements shall be available to the commission for the payment of amounts due as set forth in clause (ii) of paragraph (3) of this subsection.

(ii) Monies received during any fiscal year by the commission from any source other than the proceeds of bonds shall be paid and applied by the commission in the following order:

First, to each participating city in an amount equal to the product of the appraised value of the real property of the commission located in such city and the imposed rate, as defined in clause (ii) of paragraph (4) of this subsection.

Then to the payment of amounts due under bonds issued by the commission pursuant to this section;

The balance remaining to be paid to each participating city in an amount equal to the product of such balance and a fraction, the numerator of which is the number of square feet of property within such participating city which is included in the project area and the denominator of which is the total number of square feet included within the project area.

(4) (i) Prior to implementation of the plan, the commission shall retain an independent assessing firm to appraise all of the real property located within the project area, as shown on the project map. Such real property will be reappraised once every three years by an independent assessing firm.

(ii) The real property located within the project area which was acquired or rehabilitated, by the commission or otherwise, with the proceeds of such bonds or with federal or state funds made available though the commission, shall be taxed at a rate equal to the average of the rates imposed by the participating cities with respect to property used for purposes similar to the property being taxed (the "imposed rate").

(k) No bond, note or other evidence of indebtedness executed or obligation or liability incurred by the commission shall be a debt or charge against any of the participating cities or of the commonwealth or any political subdivision thereof other than the commission. Nothing in this section shall be construed to obligate the commonwealth, or any political subdivision thereof other than the commission, to pledge its credit, to any payment whatsoever to the commission or to any creditor or bondholder thereof, nor shall anything therein contained be construed as granting to the commission any exemption from taxation except as expressly provided therein or to render the commonwealth, or any political subdivision other than such agency liable for any indebtedness or liability incurred, acts done, or any omissions or failures to act, of the commission.

(l) (1) The participating cities may raise and appropriate money for the purpose of defraying the initial costs and annual administrative expenses of the commission, including without limitation the expense of preparing any plans, studies, programs and surveys the commission is authorized to prepare, including the expense of the plan for the project.

(2) Without limiting the generality of the foregoing, the participating cities may from time to time appropriate or agree to appropriate money for the purpose of aiding in the preparation of plans and estimates needed to prepare applications for federal loans or grants and in the preparation of any other estimates, plans, orders of taking and contract documents in connection with any proposed or approved project. All moneys appropriated under the preceding sentence shall be repaid by the commission to such cities if the commission subsequently receives other moneys available for the purposes for which such moneys were appropriated, but otherwise such moneys need not be repaid.

(3) All moneys appropriated under this subsection in aid of the commission or received by the commission from any source shall be paid to the treasurer of the commission or to such agent of the commission as the commission may authorize, and shall be disbursed by such treasurer or agent, subject to accounting therefor as required by this section.

(4) Notwithstanding anything in this section provided to the contrary, a participating city shall have the right to elect not to raise or appropriate and make available to the commission any money for the purposes described in this subsection or in subsection (m). In such event, the other participating cities electing to raise, appropriate and make available to the commission money for the purposes set forth in this subsection and said subsection (m) shall be reimbursed for the money so made available, together with interest thereon at the per annum rate of the prime rate as established from time to time by the First National Bank of Boston plus two, from the date of such expenditures by the participating cities from any grant funds received by the commission, such reimbursement to be the first distribution made from any such grant funds received by the commission. The reimbursement provided for in this subsection shall be applicable only to funds raised, appropriated and made available by participating cities after the effective date of this section.

(m) (1) A participating city may raise and appropriate, or may borrow, in aid of the commission, such sums as may be necessary for defraying such city's share of the development, acquisition and operating costs of the project; and for the making of relocation payments by the commission.

(2) Indebtedness authorized under this section shall be outside the limit of indebtedness prescribed in section ten of chapter forty-four of the General Laws, and shall be payable within twenty-five years and otherwise subject to sections sixteen to twenty-seven, inclusive, of said chapter forty-four.

(n) To aid and cooperate in the planning, construction or operation of the project, a participating city may upon such terms, and with or without consideration, do or agree to do any or all of the following things, as such city may determine:

(1) Sell, convey or lease any of its interests in any property, or grant easements, licenses or any other rights or privileges therein to the commission;

(2) Cause water, sewer or drainage facilities, or any other public improvements which it is otherwise authorized to undertake, to be laid out, constructed or furnished adjacent to or in connection with the project;

(3) Lay out and construct, alter, relocate, change the grade of, make specific repairs upon or discontinue, public ways and construct sidewalks, adjacent to or through the project;

(4) Adopt ordinances or by-laws under chapter forty A or repeal or modify such ordinances or by-laws;

(5) Cause public improvements to be made and services and facilities to be furnished to or for the benefit of the commission and the project area or any portion thereof for which no betterments or special assessments may be levied or charges made;

(6) Purchase and hold any of the bonds or notes of the commission and exercise all of the rights of a holder of such bonds or notes;

(7) Make available to the commission the services of its agencies, officers and employees;

(8) Cause private ways, sidewalks, footpaths, ways for vehicular travel, or water, sewer or drainage facilities and similar improvements to be constructed or furnished within the site of the project for the particular use of the project;

(9) Enter into agreements with the commission, the term of which agreements may extend over twenty-five years, respecting action to be taken by such city pursuant to any of the powers granted by this section; and

(10) Do any and all other things necessary or convenient to aid and cooperate in the planning, construction or operation of the project.

The entering of a contract under this section between a city and the commission shall not be subject to any provision of law relating to publication or to advertising for bids.

(o) A participating city, in which the commission proposes to take, acquire or clear land constituting the whole or part or parts of an area which the commission has determined to be a decadent or blighted open area, may enter into an agreement with the commission to bear any loss that may arise as a result of such taking, acquisition or clearance in the event that such land is not used for project purposes.

(p) (1) The project shall not be undertaken until (1) a public hearing relating to the plan for the project has been held after due notice before the city council of each of the participating cities and (2) the plan has been approved by the municipal officers and the department as provided in this section. Notice of such public hearing shall be sent to the Massachusetts historical commission together with a map indicating the project area.

(2) Whenever the commission determines that the project should be undertaken, it shall apply to the municipal officers of the participating cities for approval of the plan. Such application shall be accompanied by the plan for such project, a statement of the proposed method of financing the project and such other information as the commission deems advisable.

(3) When approved by the municipal officers, the plan shall be submitted to the department together with such other material as the department may require.

(4) The department shall not approve the plan unless it shall have found (a) the project would not by private enterprise alone and without either government subsidy or the exercise of governmental powers be undertaken; (b) the financial plan is sound; (c) the project area is a decadent or blighted open area; (d) the plan is sufficiently complete, as required by section one; and (e) the relocation plan has been approved under chapter seventy-nine A.

(5) Within sixty days after submission of the plan, the department shall give written notice to the commission of its decision with respect to the plan. If the department shall disapprove the plan, it shall state in writing in such notice its reasons for disapproval. The department may hold a public hearing upon the request of the commission, the mayor of a participating city, or seventy-five or more taxable inhabitants of such city.

(6) Any provision to the contrary notwithstanding, the commission may, without awaiting the approval of the department, proceed, by option or otherwise, to obtain control of such property within the project area as is necessary to carry out the plan; but it shall not, without the approval of the department, unconditionally obligate itself to purchase or otherwise acquire any such property.

(7) When the plan has been approved by the department and notice of such approval has been given to the commission, the commission may proceed at once to acquire real estate within the project area by purchase, taking by eminent domain or gift.

(8) In the event that any participating city shall not accept the plan, the other participating cities which have accepted the plan shall have the right to implement it by vote of the municipal officers of such other participating cities. Upon such affirmative vote, the non-accepting participating city shall be deemed to have withdrawn as a participating city from participation in the commission.

(q) If the commission shall sell or lease any property acquired by it for the project, the terms of such sales or leases shall obligate the purchasers or lessees (i) to devote the land to the use specified in the plan; (ii) to begin the building of their improvements within a reasonable time; and (iii) to comply with such other conditions as are deemed necessary to carry out the purposes of this chapter, or requirements of federal legislation or regulations under which loans, grants or contributions have been made or agreed to be made to meet a part of the cost of the project. Nothing in this section shall be construed as limiting the power of the commission in the event of a default by a purchaser or leasee of land in the project area to retake title to and possession of the property sold or leased free from the obligations in the conveyance or lease thereof.

(r) (1) The plan may require the payment of a linkage fee as a condition of the approval of the construction, enlargement, expansion, substantial rehabilitation or change of use of non-residential projects within the project area that require relief by the commission from the use, dimensional or other requirements of a nature customarily addressed in a zoning ordinance or by-law or that exceed a threshold established by the commission (a "development impact project"), for any future development within the project area.

(2) Any linkage fee collected by the commission shall be used solely for the purpose of defraying the costs incurred by the commission in connection with the making of capital improvements within the project area, which improvements are required to support development of the project area, including without limitation, improvements to public facilities, roads, sewers, water supply lines, job training facilities, public safety facilities, and parks and other recreational areas (collectively the "project infrastructure").

(3) The plan may impose a linkage fee if the following criteria are met:

(i) The commission shall have prepared a study (the "study") of the project infrastructure required in connection with the development of the project area, which shows a rational nexus between the creation of new office, commercial and industrial structures and the need for new or improved project infrastructure.

(ii) Any linkage fee imposed by the plan shall be set in accordance with the methodology set forth in the study, and shall be established in accordance with the projection of costs associated with required project infrastructure, as set forth in the study.

(iii) The commission shall have the authority to create a distinct and separate revolving trust account for linkage fee collected by the commission. Linkage fees collected by the commission shall be applied solely to reimburse the commission for expenditures for project infrastructure constructed in connection with the implementation of the plan. No linkage fees shall be paid to the commission's general fund.

(iv) The linkage fee schedule shall be reviewed at least every three years and shall be reset as required based upon the recommendation of the commission.

(v) Any funds not expended or encumbered by the end of the calendar quarter immediately following the sixth anniversary of the date of the payment of the linkage fee shall, upon application of the then owner of the land with respect to which the linkage fee was paid, be returned to such owner, provided that such application shall be made no earlier than the fifth anniversary and no later than the sixth anniversary of such payment date.

(4) The plan shall provide that there shall be credited against any linkage exaction fee due with respect to a development impact project any grants received by the commission or the participating city within which such development impact project is located with respect to such development impact project. The level of any exaction shall be reviewed by the commission at least every three years and reset as required.

(s) The commission is hereby authorized to delegate to any public agency qualified and authorized to carry out urban redevelopment activities any of the powers or functions of the commission with respect to the planning or undertaking of the project in the area in which the participating cities are authorized to act, and the public agency to which such delegation is made is hereby authorized to carry out or perform such powers or functions for the commission. Any public body is hereby authorized to enter into agreements which may extend over the period of the bonds issued by the commission notwithstanding any provision or rule of law to the contrary, with any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this section, including the furnishing of funds or other assistance in connection with the plan or project. To the extent it determines it is feasible, the commission shall afford maximum opportunity consistent with the sound needs of the city as a whole for the rehabilitation or redevelopment of decadent or blighted open areas by private enterprise.

(t) The commission shall keep an accurate account of all its activities, receipts and expenditures in connection with the planning and execution of the project and shall annually in the month of January make a report of such activities, receipts and expenditures to the department, the state auditor and the mayors of the participating cities. The department or state auditor shall have the power to examine into the properties and records of the commission and to prescribe methods of accounting, not inconsistent with federal legislation, for such activities, receipts and expenditures.

(u) The commission shall be dissolved upon the payment in full of all amounts outstanding under bonds issued by the commission pursuant to this section, and upon such payment the treasurer of the commission shall file a certificate of such payment with the secretary of state of the commonwealth, and the legal existence of the commission shall be deemed to have terminated upon the filing of such certificate, subject to the applicable provisions of section fifty-one of chapter one hundred and fifty-five of the General Laws. In connection with the application of said section fifty-one, any real property owned by the commission at the time of the termination of its legal existence shall be deemed to be distributed automatically to and become the property of the participating city in which it is located, and the personal property of the commission shall be equitably allocated to the participating cities.

(v) (1) The commission may enter upon any property within the project area, whether publicly or privately owned, after due notice by registered or certified mail, for the purpose of making such surveys, environmental site assessments, test pits, and borings as it finds necessary or convenient to determine the feasibility or desirableness of acquiring such property under the plan or to otherwise carry out the purposes of this section. Such entry shall not be deemed a trespass or an entry under any condemnation proceedings which may be then pending. The commission shall make reimbursement for any actual damage resulting to such property caused by it in the exercise of such right of entry and shall so far as possible restore such property substantially to the same condition as prior to the making of such surveys, environmental site assessments, test pits, and borings.

(2) The commission may take or arrange for necessary response actions, as defined in chapter twenty-one E of the General Laws, as determined by reference to the Massachusetts contingency plan, with respect to any release or threat of release of oil or hazardous materials. The commission shall be entitled to reimbursement from any other person liable for such release or threat of release for the reasonable costs of such response actions, including all litigation costs and attorney's fees. All claims for contribution, reimbursement or equitable share by the commission pursuant to this section and said chapter twenty-one E shall be brought in accordance with the procedures set forth in sections four A and eleven A of said chapter twenty-one E. The commission may enter into agreements with prior owners or operators of a site, or persons who may have otherwise caused or may be legally responsible for releases or threats of release of oil or hazardous material, or any other persons, to conduct or reimburse the commission for the costs of response actions. In conducting any response action pursuant to the requirements of said chapter twenty-one E and the regulations promulgated thereto, the commission shall not be exempt from any compliance assurance or permit fees.

(3) The commission may enter into agreements with its response action contractors to indemnify and hold such contractors harmless against any liability for negligence, including legal fees and costs, if any, in an amount not to exceed a figure established by the indemnification agreement pursuant to the provisions of this subsection and section seventeen of chapter twenty-one E of the General Laws. In no event shall the amount of indemnification to be provided under an indemnification agreement exceed two million dollars for a single occurrence involving the release or threat of release of oil or hazardous material. No indemnification shall be provided pursuant to an indemnification agreement under this subsection if the response action contractor acts in a negligent, willful, or malicious manner or if the action or omission which gives rise to a claim is not within the scope of the response action contract. The indemnification provided under this subsection shall apply only to response action contractor liability arising out of a release or threat of release of oil or hazardous material resulting from response actions conducted by the response action contractor pursuant to its response action contract.

SECTION 12. Chapter 6 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after section 116B the following section:-

Section 116C. (a) The Massachusetts criminal justice training council shall develop and establish within the recruit basic training curriculum a course for regional and municipal police training schools on or before January first, nineteen hundred and ninety-seven for the training of law enforcement officers in the commonwealth in law enforcement and related public safety technology. The course of instruction shall stress the use and application of technology to increase public safety.

As used in this section, "law enforcement officer" shall mean any officer of a municipal police department, the department of the state police or the Massachusetts Bay Transportation Authority police department.

(b) The course of basic training for law enforcement officers shall, no later than January first, nineteen hundred and ninety-seven, include, but not be limited to, at least twenty hours of instruction in the use and application of the following:

(1) introduction to computer technology;

(2) use of the criminal history systems board law enforcement agencies processing system;

(3) general office automation applications;

(4) data usage and system security policy and procedure; and

(5) introduction to mobile computing.

(c) All law enforcement recruits shall receive the course of basic training for law enforcement officers, established in subsections (a) and (b), as part of their required certification process.

(d) The course of instruction in law enforcement technology shall be taught so that there will not be an increase in the currently required four hundred and eighty hours of recruit training curriculum.

(e) The course of instruction, the learning and performance objectives, the standards for training, and the guidelines shall be developed by the Massachusetts Criminal Justice Training Council in consultation with the executive office of public safety, the office of management information systems, the criminal history systems board, and other appropriate groups and individuals having an interest and expertise in the field of public safety and law enforcement technology.

(f) The Massachusetts Criminal Justice Training Council periodically may include within its in-service training curriculum a course of instruction on public safety and law enforcement technology consistent with the provisions of subparagraphs one to six, inclusive, of subsection (b), and when law enforcement technology training centers are not being used by recruit classes they shall be available to in-service trainees and any other public safety officers.