Chapter 498, Section 1, Section 1A & Section 23

CHAPTER 498
The Commonwealth of Massachusetts
In the Year One Thousand Nine Hundred and Ninety-three (1993)

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. Findings and Purpose

“It is hereby found that there exists within the commonwealth substantial unemployment which is detrimental to the welfare of the people of the Commonwealth; that the termination by the United States of certain activities at Fort Devens threatens to result in blight, economic dislocation and additional unemployment, all to the further detriment of the welfare of the people of the Commonwealth; that Fort Devens has operated as a federal enclave, independent of the four towns in which it is located since its inception: that the reuse of Fort Devens will rehire [sic] financial support from the Commonwealth due to the size and complexity of the Fort Devens property: that the towns of Ayer, Harvard and Shirley have a vital interest in the successful reuse of Fort Devens: that the withdrawal of the military from Fort Devens will have a detrimental effect on the towns of Ayer, Harvard and Shirley and on the north-central region of the Commonwealth without the assistance provided by this act; and that in order to facilitate the reuse of Fort Devens for non-military uses it will be necessary to establish various incentives to attract private businesses to locate and expand their operations at Fort Devens, including providing those businesses tax incentives, relief from inconsistent land use controls, and economic relief through the establishment of Fort Devens as an Economic Target Area and an Economic opportunity Area, and application to establish Devens as a federal enterprise and free trade zone. Therefore, it is the purpose of this act to promote the expeditious and orderly conversion and redevelopment of Fort Devens for nonmilitary uses, including, but not limited to, housing, industrial, institutional, educational, governmental, recreational, conservation, commercial or manufacturing uses, in order to prevent further blight, economic dislocation and additional unemployment, and to aid in strengthening the local economy, the regional economy and the economy of the Commonwealth. It is also the purpose of this Act to provide an interim governmental structure for Devens which will assume specified local authority and duties, in recognition of the state and local partnership necessary for the successful redevelopment of Devens, and the duty of the Commonwealth in this regard to consider local and regional interests.”

SECTION 1A. Overall Goal Statement

The Devens reuse challenge demands a visionary planning effort grounded in environmental, social, and economic reality. It must be realistic, pragmatic, market driven, flexible, and future oriented and shall be based on the following goals and objectives:

  • Development must be sustainable, which means achieving a balance of economic, social and environmental needs while maintaining and enhancing the natural resource base.
  • Development must provide a diversity of uses to avoid dependence on one use, and to provide opportunities for a range of skills and experience levels.
  • Development must demonstrate the interdependence of economic development and environmental protection and the symbiosis of public and private uses.
  • Development must balance local, regional and Commonwealth interests.
  • Development must foster uses that will create, at minimum, the number of jobs and value of economic activity at Devens in the year one thousand nine hundred and ninety.
  • Development must take advantage of the skills and experience of the regional work force and work to match the skills of the future work force with the needs of industries of the future.
  • Development must foster a long-term mix of uses which will enhance the regional economy through future growth potential.
  • Development must build on Devens' unique characteristics to complement the regional economy and expand the economic base.
  • Development must foster an attitude that supports reuse goals, successful redevelopment and the provision of economic activities for individual and collective prosperity.
  • Development must protect and enhance Devens' historical resources.
  • Development must promote public awareness and enjoyment of Devens' environment.
  • Development must protect and enhance the quality of life of the citizens in the host communities, the region and the Commonwealth.
  • Development must provide education, training and retraining tied to business, industry and institutions on base and in the region.
  • Development must ensure an effective, expeditious and efficient clean-up of hazardous materials, including superfund areas, tied to the needs of the Reuse Plan.
  • Development must protect and enhance Devens ecological resources of all-kinds, particularly the aquifer and the Nashua River system.
  • Uses which may negatively impact regional natural resources will be allowed only with appropriate technology and proper mitigation.
  • Development must minimize the off-base impacts of development in areas such as water resources, air quality, viewsheds, traffic and noise, limiting the impacts to those necessary to achieve reuse goals and objectives.
  • Development must foster businesses which enhance the environment through technology.

SECTION 23. Permanent Government Structure

“On or before July first, two thousand and thirty (2030), the commission, the boards of selectmen of the towns with the advice of the planning boards, and the bank shall initiate a study, hereinafter called the study, concerning permanent government structure for the ongoing operation and administration of Devens. The study shall evaluate alternative structures for government, ownership and operation of open space, recreation, and other lands and facilities, infrastructure, easements, equipment and records, with such alternative structures, including by not limited to, town government and joint entities or combinations thereof, or the bank and joint entities or combinations thereof, or the bank and the commission, and shall identify transition costs and further investments needed. During the preparation of the study, public participation shall be encouraged and public hearings held. On or before July 1, 2033, the commission, the boards of selectmen of the Towns, and the Bank shall submit the study and a joint report to the Governor, the Secretary and to the Clerk of the House and the Clerk of the Senate recommending a permanent government structure for the ongoing operation and administration of Devens. Such report shall also identify any surplus funds that have been generated during the development of Devens, after considering the costs of funding appropriate reserve accounts, costs of retiring all bonds, notes and other debt instruments issued to maintain and develop Devens, and all the Commission's and Bank's unreimbursed costs related in any way to the redevelopment of Fort Devens, including, without limitation, all costs incurred in the operation, maintenance and development of Devens, and recommend how any such surplus funds and any future surplus funds shall be distributed, which recommendation shall include distributing all or a portion of such surplus to the Towns.”