DEC logoCHAPTER 498
THE COMMONWEALTH OF MASSACHUSETTS

In the Year One Thousand Nine Hundred and Ninety-three
AN ACT CREATING THE DEVENS ENTERPRISE COMMISSION

AMENDMENTS AFFECTING CHAPTER 498

Chapter 268 of the Acts of 2022: AN ACT RELATING TO ECONOMIC GROWTH AND RELIEF FOR THE COMMONWEALTH

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

SECTION 142. The ninth paragraph of section 10 of chapter 498 of the acts of 1993 is hereby amended by adding the following 2 sentences:- Notwithstanding any general or special law or provision of the Reuse Plan or the Bylaws to the contrary, the total commercial and industrial building space to be developed in the Devens Regional Enterprise Zone shall be not more than 12,000,000 net new square feet. The commission may issue regulations regarding the calculation of total commercial and industrial building space. (Effective 11/10/22).

Chapter 222 of the Acts of 2022: AN ACT AUTHORIZING THE DEVENS ENTERPRISE COMMISSION TO GRANT A LICENSE FOR THE SALE OF WINES AND MALT BEVERAGES NOT TO BE DRUNK ON THE PREMISES.

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. (a) Notwithstanding clause (h) of paragraph (5) of section 11 of chapter 498 of the acts of 1993, chapter 75 of the acts of 2003, chapter 146 of the acts of 2009 or any other general or special law to the contrary, the Devens Enterprise Commission may grant an additional license for the sale of wines and malt beverages not to be drunk on the premises to an establishment within the Devens Regional Enterprise Zone. A license granted under this section shall not decrease the number of such licenses authorized to be granted by the towns of Ayer, Harvard and Shirley.

(b) The commission shall not approve the transfer of the license granted under this act to any location outside the Devens Regional Enterprise Zone but it may grant a license to a new applicant within the Devens Regional Enterprise Zone if the applicant files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.

(c) The license granted pursuant to this act shall not be sold or transferred by the licensee. If a licensee terminates or fails to renew the license granted under this act or any such license is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the commission and the commission may then grant the license to a new applicant as specified in this act.

(d) The license granted under this act shall be issued within 1 year after the effective date of this act; provided, however, that a license originally granted within that time period may be granted to a new applicant under subsections (b) or (c) any time thereafter.

SECTION 2. This act shall take effect upon its passage. (Effective 09/26/22).

Chapter 146 of the Acts of 2009: AN ACT AUTHORIZING THE DEVENS ENTERPRISE COMMISSION TO GRANT A LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES.

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. Notwithstanding clause (h) of paragraph (5) of section 11 of chapter 498 of the acts of 1993, chapter 75 of the acts of 2003 or any other general or special law to the contrary, the Devens Enterprise Commission may grant a license for the sale of all alcoholic beverages to be drunk on the premises to a hotel within the Devens Regional Enterprise Zone. A license granted under this section shall not decrease the number of such licenses authorized to be granted by the towns of Ayer, Harvard and Shirley.

If the license granted under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the commission and the commission may then grant the license to a new applicant under the same conditions as specified in this act if the applicant files with the commission a letter from the department of revenue indicating that the license is in good standing and that all applicable taxes have been paid. (Effective 11/19/09)

Chapter 75 of the Acts of 2003: AN ACT AUTHORIZING THE DEVENS ENTERPRISE COMMISSION TO GRANT CERTAIN LICENSES:

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. Notwithstanding any general or special law to the contrary, in addition to any licenses issued pursuant to clause (h) of paragraph (5) of section 11 of chapter 498 of the acts of 1993, the Devens Enterprise Commission may grant: (1) a license for the sale of all alcoholic beverages to be drunk on the premises, to a restaurant; and (2) a license for the sale of wines and malt beverages to be drunk on the premises, to a hotel. Licenses granted under this section shall not decrease the number of such licenses authorized to be granted by the towns of Ayer, Harvard and Shirley.

SECTION 2. Except as provided in section 1 and notwithstanding any other general or special law to the contrary, the Devens Enterprise Commission shall not grant any additional licenses for the sale of all alcoholic beverages or for the sale of wines and malt beverages for a period of 5 years following the effective date of this act. After the expiration of the 5-year period, the Devens Enterprise Commission shall not grant any licenses for the sale of all alcoholic beverages or for the sale of wines and malt beverages unless local approval is first received from the board of selectmen in each of the towns of Ayer, Harvard and Shirley. (Effective 9/19/03)

Chapter 266 of the Acts of 1998:

Chapter 266 THE COMMONWEALTH OF MASSACHUSETTS

In the Year One Thousand Nine Hundred and Ninety-eight

AN ACT RELATIVE TO THE MASSACHUSETTS GOVERNMENT LAND BANK REGARDING THE DEVENS ENTERPRISE COMMISSION.

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. The first paragraph of section 12 of chapter 498 of the acts of 1993 is hereby amended by adding the following sentence: For purposes of chapter 40D of the General Laws, Devens shall be deemed a municipality and until July 1, 2033, the bank shall be deemed the industrial development financing authority for Devens.

SECTION 2. Said section 12 of said chapter 498 is hereby further amended by inserting after the first paragraph the following paragraph:

Until July 1, 2033, the bank shall have the authority to promulgate reasonable regulations to maintain the public health, welfare and safety of the residents of Devens including, but not limited to, regulations concerning the use of motor vehicles and parking: provided, however, that such rules and regulations shall be promulgated pursuant to the provisions of sections 2 to 7, inclusive, of chapter 30A of the General Laws: provided, further, that the bank shall be deemed to be an agency for purposes of said sections 2 to 7, inclusive: provided further, that the maximum penalty for violation of such regulations shall be $500 for each offense: provided, further, that any such penalties collected by the bank shall be deposited in a separate account which shall be available for expenditure by the bank for the operation of Devens so long as the bank submits a report to the house and senate committees on ways and means on the first day of each quarter as to the source and amount of the deposits to said account and the purpose and amount of any expenditures from said account: and provided, further, that such regulations shall be enforceable in the courts to the same extent and in the same manner as other agency regulations or municipal by-laws.

SECTION 3. Section 13 of said chapter 498 is hereby amended by adding the following paragraph:

Any design, construction, reconstruction, or modification of the Devens wastewater treatment facilities and sewage system at Devens may be carried out in its own name and right or may be contracted by It, in whole or in part, with any other public or any private party. After a competitive process which, among other things, takes into consideration price, qualifications, and performance goals and which is consistent with the competitive procurement rules established by the board of directors of the bank, the bank may enter into contracts, not to exceed 30 years in duration, with any public or private party relating to any development or redevelopment of the Devens wastewater treatment and sewerage system, and which may provide for payments by the bank which are guaranteed as to amount or duration, with or without regard to whether any particular service or utility is provided, constructed or undertaken, or, if provided, constructed or undertaken to make available for the purposes thereof such buildings, structures, utility systems, including pipes, drains, pumping stations, conduits, wires, cables, and similar ancillary installations, and other works as may be required for the redevelopment of such wastewater treatment and sewage system. The provisions of any general or special law or regulation relating to the advertising, bidding, or award of contracts, to the procurement of services or to the construction and design of such improvements, shall not be applicable to any contract or work entered into or undertaken pursuant to this section for the development or redevelopment of said system at Devens except that the provisions of sections 26 to 27H, inclusive, of chapter 149 of the General Laws shall be applicable and in any contract which requires or permits any contracting party to independently undertake to provide any public building or public work required for the wastewater treatment facilities and sewage system at Devens, the bank shall require such contracting party to comply with the provisions of said sections 26 to 27H, inclusive; provided, however, that no such contract shall be or constitute an obligation of the commonwealth beyond any amount appropriated therefor; and provided, further, that the provision of services or other works contemplated thereby shall remain subject to a provisions of law and regulation intended to regulate the provision of such services or works, including, but not limited to, all laws and regulations relating to the protection of the environment and all public health laws and regulations.

SECTION 4. All actions directly taken by the Massachusetts government land bank or through the Devens commerce center established by aid bank to prepare, publish, receive prepare, publish, receive responses under and conduct evaluations of responses and commence preliminary negotiations with certain responders to the request for statements of qualification and expressions of interest for purchase or lease, management, operation, and maintenance, of the Devens wastewater treatment facilities and sewage system, dated October 25, 1996, are validated and I confirmed and, under and pursuant to this act the Massachusetts government land bank is authorized to continue and to bring to completion the procurement process represented thereby.

Section 45 of Chapter 15 of the Acts of 1996:

SECTION 45. Section 12 of chapter 498 of the acts of 1993 is hereby amended by adding the following paragraph:

Notwithstanding any provision of this act or of chapter two hundred and twelve of the acts of nineteen hundred and seventy-five, as amended, the Bank, in carrying out the provisions of this act shall be deemed a "public employer" as the term is defined in section one of chapter two hundred and fifty-eight. Any claim or notice pursuant to section four of chapter two hundred and fifty-eight shall be presented to the treasurer of the Bank.

Sections 517 and 518 of Chapter 151 of the Acts of 1996:

SECTION 517. Section 9 of chapter 498 of the acts of 1993, as amended by section 2 of chapter 224 of the acts of 1994, is hereby further amended by adding the following paragraph:

Notwithstanding any other provision of this act, or of any other general or special law to the contrary, the Commission, for the purposes of this act, shall be deemed a "public employer" as the term is defined in section one of chapter two hundred and fifty-eight. The chairman of the Commission shall be the executive officer for presentation purposes under section four of chapter two hundred and fifty-eight.

SECTION 518. Section 12 of said chapter 498, as amended by section 212 of chapter 38 of the acts of 1995, is hereby further amended by adding the following paragraph:

Notwithstanding any provision of this act, or of chapter two hundred and twelve of the acts of nineteen hundred and seventy-five, as amended, the Bank, in carrying out the provisions of this act, shall be deemed a city or town for the purposes of section two of chapter two hundred and eighty of the General Laws.

Section 212 of Chapter 38 of the Acts of 1995:

Notwithstanding any provision of this act or any provision of chapter two hundred and twelve of the acts of nineteen hundred and seventy-five the provisions of sections fifteen, eighteen and nineteen of chapter eighty-four of the General Laws shall govern all claims against the bank resulting for a defect or want of repair or a want of a sufficient railing in or upon a way located in Fort Devens. Any notice of such injury, damage or death required by law shall be given to the treasurer of the Bank.


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