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Establishing An Effective Local Economic Development Program

The Wall Street Journal: For Some Manufacturers, There Are Benefits to Keeping Production at Home

Expedited Local Permitting: Chapter 43D Facts

Establishing An Effective Local Economic Development Program
by Robert Bateman

It has been said many times that economic development originates at the local level, in the cities and towns across the Nation. To some extent this is true. The national economy is an aggregation of local, regional and state economies. Of course this is an oversimplification in these times of international business and worldwide economic activity. But for most businesses, entrepreneurs and workers, the localities are where it all happens. Home base is the focal point of their operations and the principal source of their infrastructure support.

Many municipalities have focused on their economic base as an important component of overall community development and well-being. Businesses, imported wealth, jobs and income are recognized as significant sources of support for other business and governmental services because of the cash flow and economic multipliers that they generate. Other cities and towns understand the value of a viable local economy but do not have the mechanism in place to enhance the opportunities for growth and expansion that they may inherently possess.

This paper may prove beneficial to both groups of communities. For those municipalities that do not have organized and established economic development programs, this compilation of information will assist them in getting a start. For those that have active programs, this outline will give them cause to evaluate what they are doing and how they are doing it; and to provide a window through which they may make improvements and adjustments in their respective programs.

This design for local economic development programming is a collection of proven techniques and methods. The focus and organization of this approach is a product of personal experiences in the management of state and municipal development offices. Let us proceed to construct the plan and approach.

Establishing the Preconditions -- Your Infrastructure for Success

Political support for your program is a necessary starting point. Local government officials play a significant role in the process. They set the rules of the process through the adoption of ordinances or bylaws, the appropriation of municipal funds, the establishment of tax policy, the structuring of licensing and permitting, etc. They must understand from the outset what the mission of your program is and what their role is likely to be. Endorsement of your efforts must also be garnered from business organizations. After all, their memberships will, in a large part, be the beneficiaries of the program. They will provide a voice for the program and ongoing support. In addition, local community development groups should participate with you in the establishment and operation of your program. They can be a source of "grass roots" development activities because of their access to various governmental funding channels and their intimate knowledge of the geographic area that they serve. Their understanding of your goals and objectives for the local economy is a must from the beginning.
The interest and endorsement of the financial leaders of the community is a key ingredient to your program. Their assistance in providing much needed financial resources for development activities is an obvious precondition to launching your efforts. Without it, any undertaking is doomed to failure.
A labor pool network should also be available at the outset. Without access to the labor market and qualified workers, businesses will find it difficult to grow their companies. Job training and job matching services must be in place as a start-up precondition. State, regional and local agencies and services should be surveyed and contacted for assistance.
Although tax burden may be somewhat of a cosmetic issue because of its relatively minor importance in the cost structure of doing business for a majority of companies (generally being dwarfed by such items as the cost of facilities, labor and transportation), from a perceptual point of view it can be quite noteworthy. Therefore, a competitive tax structure should be in place as a precondition for your undertaking. Showing your existing companies and any prospects for location in your city or town that the taxes that are paid by businesses are fair and reasonable on a competitive basis, is an important ingredient for starting an effective program.

Creating a Point of Contact within the Community and a Market Presence

You must establish a base of operation within your municipality. You need an office, an address, telephone number, WEB address, etc. You must be in a position to greet and meet local businessmen and prospects that you may stir up. You must have the capability to communicate efficiently and in a timely manner. The physical location of your base of operation could be in any one of several places. Each community must decide what the approach will be for their perceived needs and objectives. Many communities decide that economic development operations are best accomplished from the city or town hall. Other municipalities prefer to operate their programs out of the chamber of commerce office or through a non-profit development corporation. Your community will have to make this decision after weighing and addressing all of the local factors. A dialogue among the stakeholders, i.e., local elected officials, business leaders, community development groups and other parties of interest is necessary to make this determination. Establishing a consensus on this matter is of the utmost importance for obvious reasons.
Connecting with the regional and state network of economic development offices, and with statewide business and industry organizations, is the next critical step for your community. Many states have business development offices with regional locations that provide municipalities with assistance and advice. These offices also offer information and technical assistance to existing and newly formed businesses. Very often leads for relocating businesses and start-up companies can be secured through these state offices. Other sources of information and leads for your city or town may be the business and industry organizations that have statewide membership bases. What better place to do prospecting for new business locatees than among the business decision makers
In this age of electronic technology, a presence on the Internet is a must. Establishing a Web address with email capabilities will allow your community to communicate its message and to be instantly available to existing firms and any interested parties. Responsive communication with businesses will establish your interest in them and your credibility. So "net" your municipality a site and be competitive with other business "recruiters."
Reach out and undertake systematic employer visits. Usually a team approach is the best. Carefully select a team membership that includes persons from the public and private sectors. The mayor or a selectman, head of the chamber of commerce, a business leader or spokesman, a representative from the local or regional labor pool network, and perhaps a staffer from the state business development office. The team should be small but representative and of interest to the business type to be visited. The mission of these visits is to introduce your economic development program to the employer and to solicit from them what their needs are and what type of help they may require to grow their operation in your municipality. Keep the visits short and to the point. People that run businesses, especially those that have a number of employees, have a lot on their daily agendas and are inherently busy!

Retention vs. Recruitment -- Assessing Your Community's Opportunities

Many economic development practitioners believe that retention of existing firms is most important. A bird-in-hand you know! Building upon your existing economic base makes great sense. In those municipalities that are extensively developed, retention activities are likely to be the only game in town. But bringing new businesses into your community will prove beneficial in the longer term by presumably adding jobs and generating new real estate tax collections. As a first step, a profile of your municipality's economic base must be created. What type and size companies make up the local economy? Are they local businesses or are they national or international businesses? Is their sales volume growing or contracting? Will they require future land and/or buildings for expansion? Are they manufacturers (exporters of goods and products) or service providers? Answers to these and similar questions can help you to decide what the emphasis of your program might or should be. To help with this profiling, some communities seek help from outside sources, e.g., a regional or state planning agency, a private consultant, etc. The availability and the quantity of development resources, particularly land and buildings, will bear on your focus. Other factors that would have an influence on the emphasis of your development program would be any "Brownfield sites" and potential "economic conversions" existing in your city or town. Very often, these situations offer redevelopment opportunities for your locality and prospective sites for businesses.
Once you understand what are the components of the local economic network, then the next link in the chain is assessing the opportunities that you have for growth and expansion. As mentioned above, the list may be limited. However, on the other hand, there could be an abundance of possibilities to stimulate new economic activity from both within and from sources beyond, i.e., new recruits. Conducting a thorough assessment of your locality's opportunities and establishing a compilation of them, whether they be to retain the businesses that your city or town has, or to undertake the recruitment of new companies, will determine the balance that is desirable between retention programming and activities directed toward recruitment. Again in this phase of work it may be helpful for your municipalities to seek out professional advice.
Whatever the blend of emphasis in your services between retention and recruitment activities, the key is to seek out the customers, whether they be local firms desiring to do expansions or out-of town firms interested in a new site of operation. Outreach and networking are essential at this program level. This is where your visits to local employers and communication with regional and state development offices and statewide business organizations (let's call it the "leads" network) could pay big dividends. Generating leads and prospects for your program will probably be your biggest challenge. The competition among cities and towns, regions and states for new businesses is fierce. It can be likened to the interaction that you see when you watch a heavyweight championship prize fight! You must be aggressive to stay in the ring. On the other side of the equation, businessmen, by their nature, will try to leverage the best deal that they possibly can for their firms. Economic development recruiters will pull out all of the stops to capture their investment and the beneficial spin-offs such as attractive new plants, jobs, income, new real estate taxes and the related economic multipliers. Your community's ability to prospect and identify leads will determine the bottom line success of your efforts and program. So it is very important that you establish and maintain a presence and high visibility with the "leads" network and your local customers.

Developing a Database of Available Facilities and Sites

When your city or town opens it doors to businesses, it must be fully prepared to respond to requests for information and support. One of your primary offerings ought to be an inventory of available facilities and sites that are zoned properly to accommodate business activity. This inventory can be gathered by working with local realtors and property owners. Formulating a data sheet for each available property and compiling these data sheets into an easily accessible and usable base will provide your community with the ability to be responsive to requests from businesses. Property data sheets should contain fundamental information about each building or land plot. Such information as location, size, number of floors, utility services, truck access, asking price per square foot of building space or acre of land, realtor or property owners name and telephone or email address, etc. Photographs of each property and a geographic locator map would also be desirable. Managers and entrepreneurs seeking to find a facility or site for expansion or relocation will be pleased to see that your city or town has this database in place for their immediate use. This tool, in addition, will put your municipality in a competitive posture to capture expansion activity that may add new firms to your home base
Other facilities and sites that might provide development opportunities for your city or town and for newly formed or expanding firms are "Brownfield sites" or locations that might be prime for "economic conversion." Brownfield sites are sites that are considered to be environmentally contaminated. Their "clean-up", possibly with the support of state or federal governmental funding, could provide new homes for local businesses. These plots can be very often identified by consulting with your local board of health, the state environmental protection agency or the regional planning council. "Economic conversions" are locations in the community where an upgrading of an existing underutilized building or site or the reuse of land would generate fresh economic activity and new investment. A survey of sites of different sorts within your municipality will likely yield some suitable targets for conversions. These locations could be existing commercial buildings with low levels of occupancy, abandoned public buildings or land, former state governmental facilities, old hospital buildings, antiquated industrial plants and the like. To many firms these circumstances provide them with a desirable location and/or a low cost investment opportunity. By including "Brownfields" and "conversions" in your database of available sites your municipality is broadening its ability to attract new business investment and the beneficial community spin-offs previously enumerated.

Services, Technical Assistance and Support for Companies

Providing information to businessmen about the various sources of financing, private and government, is a service that your municipality should offer. A survey of banking institutions serving your area and of state and federal financing agencies can be conducted with relative ease. A visit or a telephone call will usually yield the information that your community will need to assist firms in locating financing for their respective ventures. Most banks and government agencies will gladly provide you with the details of what type of help they offer to existing and new companies. Using your municipality as a marketing mechanism is a desirable tool from their perspective. This catalogue of data will prove useful to your city or town and to the businesses seeking financial support for their activities.
Another beneficial service that your community can deliver to firms is assisting them through the state and local licensing and permitting processes. In this day and age of government regulation, this can prove to be a very valuable service. Pointing managers in the right direction and helping them to acquire the appropriate and necessary licenses and permits for their operations is paramount. This task is not easily accomplished! Culling out the numerous requirements of government today can become a tedious and time-consuming task. In one city recently surveyed, there were 72 local licenses and permits directed at conducting various business operations. Add to this list any additional state regulatory requirements and you quickly get the picture. Engaging a consultant to help your city or town compile this inventory is probably advisable. Offering assistance to firms in this arena could make or break a deal. Some communities have employed a "permit manager" to track and coordinate local permitting.
The compilation of a compendium of existing federal, state, regional and other local programs and technical assistance that might serve the needs of business is helpful and useful to managers. Principal sources of this type of information are very often the state business development office, the regional planning office and the local chamber of commerce. Most agencies have printed materials that describe their offerings and are eager to circulate these pieces. Developing a working relationship with these business assistance providers will serve your program and local firms and prospects well. Referrals from your economic development office to these other agencies will provide recognition of your business support efforts.
As mentioned at the outset of this paper, taxation issues on many occasions become the focus of businesses. Having information available on your municipality's taxation programs, its assessment practices, local tax policies, the abatement processes and state and regional comparative data will give your program the ability to respond to related questions. Many times an understanding by business of how taxes are assessed and the fact that there is equity in the taxation process will mitigate many of their complaints and general concerns. Showing businesses that they are getting value for their tax dollars paid could give your community a perceived competitive advantage.
Linking your program to the worker training and labor network in your region will give your municipality the ability to assist businesses to secure qualified and quality employees. Federal and/or state funded training and job matching agencies are commonplace. Their services are geared to deliver supportive activities to firms. Working with them to establish a presence in your municipality is an important component. One of the major challenges that managers face is to develop and maintain a productive workforce. So seek out the private industry council or the regional employment board and let them know that your city or town is plugged into the economic development matrix. Also, let your local companies and prospects know that you have the capacity to connect them with the training and job matching system in your region.
Once your program is up and running, it may be advisable for your municipality to create a mechanism to bring government and business leaders together on a systematic basis to deal with matters of common interest and concern. An economic development committee and/or a set of working task forces can prove invaluable to both parties because they would provide opportunities for discussion and action on a variety of matters that directly bear upon the local economy, future investment and job retention or creation. Substantive agenda items are the key to making this type of a process meaningful and successful. Work directed at such things as dealing with labor shortages, analyzing the impact of taxation policy, evaluating environmental laws and regulations and their impact on businesses, discussing and resolving utility services bottlenecks, etc. will provide important assistance to firms and will lend generously to the achievements of your program.

Bringing the Components of Your Program Together

As you can readily see, there is nothing magical about establishing a local economic development program. All of the components for creating and sustaining a successful effort are known. What is required is coordination, cooperation, communication and hard work on the part of your community's leaders. The benefits of your work can be very rewarding for your community. Retained businesses and jobs, new investment, increased business activity, additional employment opportunities for your residents, more real estate taxes, a higher level of municipal services and greater cash flow and income are within reach.
This paper contains the recipe to get you started, or to fine-tune your present program. It is by no means intended to be all encompassing. Many other strategies can be employed to retain firms and to attract others to your community. However, this compilation gives your city or town a plan and approach to work with. It just might be that local economies are the engines that fuel, in a cumulative way, the national economy. Economic development programming surely can give your municipality a boost. So why not get started on establishing a program or enhancing your present approach and offering it to businesses?
Committing time to the organization of a local task force; and perhaps dedicating some funding for the recruitment of professional assistance and/or for consulting services to assist your initiative will get you moving in the right direction!

The Wall Street Journal
For Some Manufacturers, There Are Benefits to Keeping Production at Home

By Mark Whitehouse

January 22, 2007; Page A2

NEW YORK -- It has long been an axiom that U.S.-made consumer goods such as TV sets and kitchen appliances can't compete in a world where cheaper labor can be found elsewhere. Like many axioms, though, it isn't entirely true.

Recent data from the Federal Reserve contained some surprises for anyone who thought U.S. companies don't make things for American consumers anymore. In its monthly update on factory output, the Fed reported that U.S. production of audio and video equipment surged about 2% in December and was up 23% for all of 2006.

That is a significant change from several years ago, when the numbers were negative as U.S. production moved overseas. Even output of appliances, though down for 2006, popped 5% in December.

The shift doesn't necessarily represent a renaissance. More likely, it reflects the fact that much of what can go abroad already has, leaving behind what can and should be made in the U.S. One area of strength: high-end goods like top-of-the-line $6,000 Sony Grand WEGA TV sets and $15,000 Sub-Zero PRO 48 refrigerators, which appeal to the affluent folks who have been driving much of the growth in U.S. consumer spending.

"It's the very high-end products," says Daniel Meckstroth, chief economist at Manufacturers Alliance, a trade group. "Manufacturers who have niche markets in high-end products have a very good outlook."

Such manufacturers account for only a tiny fraction of U.S. output and employment. Still, the numbers illustrate an important point about the physical and strategic limits of globalization: In just about any possible future, there will always be some business that is better done close to the customer. The obvious examples are home building and services such as restaurants, but the logic also can apply to certain types of manufacturing.

"If the thing being sold to the U.S. market is locally customized, delicate, or very large, chances are it'll continue to be produced in the U.S.," says Bruce Greenwald, professor of business and economics at Columbia University in New York. The same, he says, is true "if the manufacturing process itself involves almost no labor, like medical testing or like some very automated electronic-component manufacturing plants, chemical plants and metal-fabricating plants."

The dominant trend for the past couple decades, of course, has been the exodus of manufacturing from the U.S. to lower-cost locales such as China. Just about anything that can be mass-produced and shipped is made abroad and imported to the U.S., or soon will be. Imports account for about 90% of all the audio and video equipment sold in the U.S., 44% of household appliances and 38% of computers, according to Mr. Meckstroth, chief economist at Manufacturers Alliance, a trade group.

As a result, manufacturing has been declining as a share of the economy. In 2006, manufacturing accounted for about 12% of U.S. gross domestic product, a broad measure of economic activity. That is down from about 20% in 1980. More recently, slumps in the housing and auto sectors have sparked a drop in overall production as companies worked off unsold stockpiles of things such as furniture and auto parts. In the fourth quarter of 2006, U.S. industrial production fell at an annualized rate of 1.4%.

Many manufacturers, though, have managed to keep busy. Aside from producers of computers and business equipment, which logged double-digit growth in 2006 as companies made investments aimed at boosting efficiency, the fortunate ones include makers of consumer electronics and appliances that have set up shop in places typically associated with industrial decline.

Take, for example, Sony Corp., of Japan, which makes its Grand WEGA high-definition TV sets at a factory near Pittsburgh, a city better known for mothballed steel mills. The TV sets employ cutting-edge technology and tend to be large, with screens ranging from 42 to 70 inches. Their size and the sensitivity of their electronics make proximity to the consumer a meaningful advantage, as does the ability to react quickly to changes in tastes for high-end equipment.

"It is important for us to produce these sets close to most of our customers," says Stan Glasgow, president and chief operating officer of Sony Electronics Inc., a Sony unit that also assembles customized VAIO computers in San Diego. Proximity "gives us a distinct advantage with our retail partners across the country, as we have the ability to quickly fill the channel with specific products."

Over in Madison, Wis., Sub-Zero Freezer Co. makes a different kind of large and expensive product: High-end refrigerators and Wolf brand stoves. Michele Bedard, vice president of marketing, says the closely held company posted double-digit growth in 2006 despite the slump in the U.S. housing market -- a fact she attributes to people choosing to invest in renovations rather than selling their homes in a soft market. Sub-Zero is in the process of expanding its production space almost 40% to about 1.4 million square feet.

Ms. Bedard says Sub-Zero prefers to manufacture locally because it can better manage the process and make changes to models on short notice. "The pros of being in Wisconsin outweigh the pros of moving overseas," she says. "We can be very nimble and just be master of our own destiny."

More U.S.-produced TV sets and refrigerators, though, probably won't translate into more jobs in the U.S. Audio and video manufacturing, for example, accounts for only about 31,000 American jobs, and the number hasn't grown along with production. Despite its plans to increase capacity, Sub-Zero isn't planning to add to its 1,700-person work force.

Across the manufacturing sector, the picture is similar: To stay competitive, companies are doing everything they can to boost productivity -- that is, make more stuff with fewer people. "Manufacturing in the U.S. is headed toward plants that have no people in them," Prof. Greenwald says.

That is bad news for factory workers who must retrain or be cast aside. It could be better for the U.S. economy as a whole. The more the U.S. can produce for each hour worked, the wealthier the average American becomes. If, for example, output per hour rises an annual rate of 3%, the average inflation-adjusted wage will more than triple over 40 years.

"Manufacturing is contributing to the welfare of the economy in terms of standard of living, but it's not generating net new jobs," says Mr. Meckstroth. "The electronics sector is one of the areas where that's most visible."

Expedited Local Permitting

Chapter 43D Facts

History

On August 2, 2006, Massachusetts General Law Chapter 43D was signed into law. This program offers communities a tool for targeted economic development.

What does Chapter 43D do?

Provides a transparent and efficient process for municipal permitting
Guarantees permitting decisions on priority development sites within 180 days
Increases visibility of your community and target development site(s)
Provides increased marketing and visibility of your site(s)

What are the benefits of opting-in?

Grants up to $150,000 for such things as professional staffing assistance, local government reorganization, and consulting services
Priority consideration for PWED, CDAG, brownfields remediation assistance, MORE infrastructure funds and other financing through quasi-public organizations
Aggressive marketing of your site and online promotion of your pro-business regulatory climate
Collection of special fees for priority development site permit applications

What are the criteria for priority development sites?

Must be zoned for commercial or industrial development
Must be eligible for the development or redevelopment of a building of at least 50,000 square feet gross floor area (includes existing structures and contiguous buildings)
Sites must be approved by the local governing authority
Must be approved by the Interagency Permitting Board

What are the obligations of opting into Chapter 43D?

Community must identify a qualifying parcel as a priority development site, and obtain permission of its owner (if private) for participation in the program
Within 120 days of adopting Chapter 43D, the community must

appoint a single municipal point of contact for streamlined permitting;
amend local rules, regulations, bylaws, etc. to comply with 180 day permit timeline;
determine and make available the requirements for each permit;
establish a procedure for identifying necessary permits for a project;
establish a procedure for determining completeness of the required submissions.

After the 120 phase-in period is complete, the town must render permitting decisions on priority development sites within 180 days

What protections does this program offer for communities?

The 180 day guarantee is suspended if the governing body determines:

an application is incomplete
an application contains false or misleading information
that substantial changes to the project affect the information the permit applications since the original submission

How do I obtain more information on this program?

To request additional information, please contact April Anderson, Chief of Staff for the Department of Business and Technology at 617-788-3667 or april.a.anderson@state.ma.us.

Summary of Statute

Section 5 of Chapter 205 of the Acts of 2006

Section 1. Local opt-in provision

Section 2. Definitions

(a) Priority Development sites must be:

i. Commercially or industrially zoned;

ii. Eligible for the construction of a bldg of 50,000 sq ft or more;

iii. Designated by the board.

Section 3. Eligibility & Technical Assistance Grants

(a) To designate a priority development site, the local governing body must file an application with the board including:

i. A detailed description of the property;

ii. Written good faith commitment to comply with 43D;

iii. Written permission of the owner;

iv. A request for a technical assistance grant, if necessary.

(b) Requests for technical assistance must include a detailed description of how the grant will be used to implement the requirements of MGL Ch43D and may be used for such things as professional staffing assistance, local government reorganization, and consulting services. The grant shall not exceed $150,000. The Board shall review and determine eligibility for technical assistance monies within 60 days. In special circumstances, communities may be eligible for additional technical assistance if a specific need can be demonstrated and if approved by the Board and the Secretary of Economic Development.

Section 4. Municipal Responsibilities

Once approved by the Board and awarded a technical assistance grant (if necessary), municipalities must fulfill the following within 120 days:

(a) appoint a single municipal point of contact for streamlined permitting;

(b) amend local rules, regulations, bylaws etc. to comply with 180 day permit timeline;

(d) establish a procedure for identifying necessary permits for a project;

(e) establish a procedure for determining completeness of the required submissions.

Section 5. Review Periods

(a) Priority Development Site reviews must take place within 180 days beginning the day after notification of completeness. If submissions are not complete, the governing body has 20 days to inform the applicant.

(b) Resubmission of an application and/or materials shall commence a new 30 day review period;

(c) If an issuing authority determines that additional materials are required, it shall notify the applicant immediately and shall complete action on the previously unidentified permit within 30 days if no hearing or public notice is required. If public notice or hearing is require, the issuing authority shall complete action on the permit 30 days from the close of the hearing or comment period.

Section 6. Advisory Reviews & Fees

The governing body:

(a) may establish an informal procedure to allow permit applicants to obtain advisory reviews by a technical team. The procedure for obtaining advisory reviews may not exceed 30 days and shall not constitute final action on the permit review. Invocation of the advisory review process shall toll the 180 review period for priority development sites.

(b) may establish additional fees to be assessed on priority development site permit applications to be used by the municipality for implementing chapter 43D.

Section 7. Automatic Grant of Approval

Failure of an issuing authority to take action within 180 days shall be deemed approved. If a permit is deemed approved under this section, the applicant has 14 days to file an affidavit with the city or town clerk.

Section 8. Exceptions to Automatic Grant of Approval

An automatic grant of approval may not apply if:

(a) Governing authority determines that an application is not complete in accordance with this chapter;

(b) The governing body determines that an application contains false or misleading information;

(c) The governing body determines that substantial changes to the project affect the information required to process the applications since the original submission.

Section 9. 180 Day Period Extensions

The 180 day time period may be waived or extended for good cause upon mutual agreement between the governing body and the applicant. The 180 day review period may be extended for up to 30 days if an additional permit is required in accordance with section 5(c) if the previously unidentified permit is discovered within 150 days after notice of completeness. The 180 day time period may be extended if:

(1) action by another federal, state or municipal government agency is required before the issuing authority may act;

(2) judicial proceedings affect the ability of the issuing authority to proceed;

(3) enforcement proceedings that could result in revocation of an existing permit have commenced;

When the reason for extension is no longer applicable, the issuing authority shall immediately notify the applicant and shall complete its decision with 180 days beginning the day after the notice is issued. Lack of time is not an adequate basis for a municipality to deny a permit.

This section also provides extension for referral of permits to the Cape Cod Commission and Martha's Vineyard Commission in compliance with Chapter 716 of the Acts of 1989 and Chapter 831 of the Acts of 1977 respectively.

Section 10. Consolidated and Streamlined Appeals

(a) Appeals of issuing authority decisions or automatic grants of approval must be filed within 20 days of the last permit issued or within 20 days of the 180 day expiration, which ever is later.

(b) All appeals must be consolidated and filed within the Division of Administrative Law Appeals (DALA) within 20 days. The consolidated appeal does not apply to wetlands.

(d) DALA shall render appeals decisions within 90 days and aggrieved parties may further appeal to the Land Court within 20 days of the DALA decision.

Section 11. Transfers, Renewals, Permit Modification Requests, Expiration

(a) Permits shall not transfer automatically unless the permit expressly allows transfer without local approval.

(b) Issuing authorities may develop procedures for simplified renewals; otherwise renewals shall be governed by this chapter.

(c) Issuing authorities shall make every reasonable effort to review permit modification requests within as short a period as is feasible to maintain the integrity of the expedited permit process. An issuing authority shall inform the applicant within 20 business days if the request for modification is approved, denied, determined to be substantial, or additional information is required. If the modification is determined to be substantial, the original time frames set forth in section 5 shall apply.

(d) Permits issued in accordance with this chapter shall expire 5 years from the date of issuance.

Section 12. Incentives

Priority development sites are eligible for:

(a) priority consideration for PWED and CDAG funding;

(b) priority consideration for other quasi-public financing;

(d) enhanced online marketing;

(e) technical assistance from MassDevelopment or the regional planning council.

Section 13. Technical Assistance Grants

(a) Technical assistance grants are intended to be a one time grant for communities adopting Chapter 43D;

(b) Municipalities may be eligible for a second technical assistance grant, for an amount to be less than the first grant award, if that community has successfully permitted one priority development site.

Section 14. MEPA and historic reviews shall take place concurrently within 120 days.

Section 15. Nothing in this chapter shall be construed to alter the jurisdictional authority of issuing authorities.

Section 16. The Secretary of Economic Development shall issue rules and regulations for this chapter.

Appropriations:

Technical Assistance Grants*	$3.0MM
MassDevelopment Permitting Team	$500K
Mass Permitting Ombudsman	$500K
RPA Technical Assistance Centers	$1.85MM
Div of Administrative Law Appeals	$250K
Marketing & Online Inventory (MAED)	$500K
Total	$6.6MM

*Up to $150,000 per grant; funds approximately 20 municipalities.

Additional Notes:

The legislation references a Board (Interagency Permitting Board), as established in Section 5 of Chapter 205 of the Acts of 2006. The Board consists of the Secretaries of Economic Development, Business & Technology, Transportation, Environmental Affairs, and Public Safety, the Chair of the Economic Development Coordinating Council, and the Executive Director of MassDevelopment, or designees. The Board will meet no less than 8 times per year at the discretion of the Secretary of Economic Development and shall be charged with monitoring priority development sites and expediting projects on priority development sites wherever possible. The Board shall also implement the Chapter 43D municipal grant program.

To view the text of this law, please visit the Massachusetts General Court website at http://mass.gov/legis/laws/seslaw06/sl060205.htm. The law is currently known as Chapter 205 of the Acts of 2006 and the 43D portion of the bill is found in Section 11 of this document.