Whereas , The deferred operation of this act would tend to defeat its
purpose, which is forthwith to provide for community preservation of historic
resources, 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.
Section 2 of chapter 44B of
the General Laws, as appearing in the
2000 Official Edition, is hereby amended by striking out, in lines 15 and 16,
the
words "structures and landscapes" and inserting in place
thereof the
following word:- resources.
SECTION 2.
Said section 2 of said chapter 44B, as so appearing, is
hereby
further amended by striking out, in line 24, the words
"structures
and landscapes" and inserting in place thereof the following
word:- resources.
SECTION 3.
Said section 2 of said chapter 44B, as so appearing, is
hereby
further amended by adding the following definition:-
"Rehabilitation", the remodeling, reconstruction and making of extraordinary
repairs to historic resources, open spaces, lands for recreational use and
community housing for the purpose of making such historic resources, open spaces,
lands for recreational use and community housing functional for their intended
use, including but not limited to improvements to comply with the Americans with
Disabilities Act and other federal, state or local building or access codes. With
respect to historic resources, rehabilitation shall have the additional meaning
of work to comply with the Standards for Rehabilitation stated in the United
States Secretary of the Interior's Standards for the Treatment of Historic
Properties codified in 36 C.F.R. Part 68.
SECTION 4.
Subsection (b) of section 5 of
said chapter 44B, as so appearing, is
hereby amended by striking out paragraph (2) and inserting in place thereof
the
following paragraph:-
(2) The community preservation committee shall make recommendations to the
legislative body for the acquisition, creation and preservation of open space;
for
the acquisition, preservation, rehabilitation and restoration of historic
resources; for the acquisition, creation and preservation of land for
recreational use; for the creation, preservation and support of community
housing; and for the rehabilitation or restoration of open space, land for
recreational use and community housing that is acquired or created as provided
in
this section. With respect to community housing, the community preservation
committee shall recommend, wherever possible, the reuse of existing buildings
or
construction of new buildings on previously developed sites.
SECTION 5.
Sections 1, 2, 3 and 4 of this act shall apply with
respect to projects approved by cities and towns pursuant to chapter 44B of
the General Laws both before and after the effective date of this act.
Approved July 18, 2002.