Current through Register 1536, December 6, 2024
Section 2.04 - Preliminary Project Proposals(1) An Agency shall submit a Preliminary Project proposal to the Board containing sufficient information for the Board to understand the Proposed Project and make a preliminary assessment of whether the Proposed Project, including any proposed alternative property procurement or disposition methods, meets the standards for approval set forth in M.G.L. c. 7B, and 810 CMR 2.02(1). The submission shall include the following information:(a) Description of the Project.(b) Description of the Asset involved, its current use, and an explanation as to why that current use is no longer required;(c) The public purpose of the Project and the public benefits to be realized from the Project;(d) Identification of property procurement or disposition laws or regulations otherwise applicable which must be waived to accomplish the Project;(e) Description of proposed alternative property disposition or procurement requirements;(f) Financial and market information (if appropriate) to demonstrate Project feasibility;(g) List of any materials identified in 810 CMR 2.06(2) which may not be relevant to the proposed Project; and(h) Plan for public review prior to submission of the Project Proposal, including public hearing(s).(2) Following a review of any such Preliminary Project Proposal, the Board shall vote to: (a) Grant preliminary approval to such a Proposed Project, in which case the Agency may proceed with public notice and comment under 810 CMR 2.05 and submission of a Project Proposal under 810 CMR 2.06; or(b) Disapprove the Preliminary Project Proposal, in which case the Agency shall not proceed with public notice and comment under 810 CMR 2.05 or submission of a Project Proposal under 810 CMR 2.06.(3) If the Board votes to approve a Preliminary Project Proposal under 810 CMR 2.04(2), the Board may: (a) Specify additional requirements for public hearing and public notice other than those set forth under 810 CMR 2.05;(b) Waive otherwise applicable public hearing requirements in accordance with 810 CMR 2.05(4);(c) Waive Project Proposal submission requirements of 810 CMR 2.06(2); or(d) Require additional information to be submitted with the Project Proposal under 810 CMR 2.06; provided, however, that no such approval shall relieve the Agency of the requirement to submit a Project Proposal under 810 CMR 2.06; nor shall it in any way require the Board to approve or disapprove the Project Proposal.(4) The provisions of 810 CMR 2.04 shall not be required for Low Impact Electronic, Communications and Telecommunications Projects or for Acquisition Projects.Amended by Mass Register Issue 1345, eff. 8/11/2017.Amended by Mass Register Issue 1428, eff. 10/16/2020.