Current through Register 1527, August 2, 2024
Section 8.06 - Powers and DutiesThe local assessment committee shall have the following powers and duties:
(1) to represent generally the best interests of the host community in all negotiations with the developer of a proposed facility in said community;(2) to negotiate with the developer the detailed terms, provisions and conditions of a siting agreement to protect the public health, the public safety and the environment of the host community, as well as to promote the fiscal welfare of said community through special benefits and compensation;(3) to receive and expend such technical assistance and planning grants as may be made available pursuant to M.G.L. c. 21D, § 11 and 990 CMR 9.00, and such other funds as may become available from any other source, public or private;(4) to enter into a nonassignable contract binding upon the host community and enforceable against said host community in any court of competent jurisdiction, by the decision to sign a siting agreement pursuant to M.G.L. c. 21D, § 13 and 990 CMR 11.00 and 14.00;(5) to cooperate wherever posssible with abutting communities in negotiations with the developer over compensation for said abutting communities;(6) to adopt such rules, regulations, procedures and standards as may be necessary to carry out its functions and perform its duties under M.G.L. c. 21D and 990 CMR; and(7) to appoint two residents of the host community who shall serve without compensation and who may participate in and vote with the Council upon matters concerning site selection in said community; provided, however, that in the event the developer names more than one site for the proposed project by submitting more than one Notice of Intent, said residents shall vote only on matters pertaining to that individual Notice of Intent that names a site in the community they represent And further provided that in the event the developer utilizes the site suggestion process pursuant to 990 CMR 7.00 and the Council establishes a final list of suggested sites, any residents appointed to the Council to represent a community which contains a site on said list shall vote only on matters pertaining to that site.