2006 Massachusetts Code - Chapter 40E — Section 2. Definitions.

Section 2. The following words and terms as used in this chapter shall have the following meanings, except where the context clearly indicates otherwise:—

“Cost of establishing an industrial development project”, any or all of the following:— the cost of construction, rehabilitation, the cost of all lands and site preparation, property, rights, easements and franchises acquired, which are deemed necessary for such construction, financing charges, interest prior to and during construction, cost of engineering and legal expense, plans, specifications, surveys, estimates of costs and other expenses necessary or incident to determining the feasibility or practicability of any industrial development project together with such other expenses as may be necessary or incident to the financing and the construction of the industrial development project and the placing of the same in operation; the cost of all machinery and equipment and its installation and maintenance may be included in the cost of establishing an industrial development project.

“Critical economic area”, the area encompassing any municipality or group of municipalities, county, group of counties or region of the commonwealth reasonably defined by the authority wherein critical conditions of unemployment, economic depression, widespread reliance on public assistance and unemployment compensation are found to exist by the authority. Prior to determination and designation of any area of the commonwealth as a critical economic area the authority shall conduct such investigations of the area and of the records and statistical indices of the department of labor and workforce development, the department of public welfare and the Massachusetts office of business development, and the division of employment and training, as well as the declarations and statistics of any federal agencies as shall be necessary to establish the existence of the above conditions in such area and to establish that: (i) an average of not less than seven per cent of the labor force of such area has been unemployed for any two years of the preceding five years, hereinafter designated “critical economic area A”; or (ii) an average of not less than six per cent of the labor force of such area has been unemployed for a period of not less than twelve months, hereinafter designated “critical economic area B”; immediately prior to the date of such investigations and findings. No area of the commonwealth shall be designated a critical economic area without such investigations and finding having been first made and certified to in the permanent records of the authority. An area of the commonwealth having once been designated a critical economic area A shall remain so for a period of six months following the month in which it ceases to qualify as a critical economic area as above defined and designated by the authority.

“Industrial development agency”, a nonprofit corporation or a foundation or association or a community development corporation organized and existing under the laws of the commonwealth, regardless of the particular name, to whose members or shareholders no profit shall inure and which shall have as a purpose the promotion, encouragement, construction, development and expansion of new or existing industrial development projects in a critical economic area.

“Industrial Development Fund”, the account created by section eight of this chapter.

“Industrial development project”, any land, site, structure, facility or undertaking comprising or being connected with or being a part of (i) an industrial enterprise, (ii) a manufacturing enterprise, or (iii) a research and development enterprise, established or to be established by an industrial development agency in a critical economic area.

“Industrial enterprise”, an enterprise other than a mercantile, commercial or retail enterprise, which by virtue of its size requires substantial capital and which by its nature and size has created or will create substantial employment opportunities. The term “industrial enterprise” may include warehouse and terminal facilities, provided they require substantial capital and have or will create substantial employment opportunities.

“Primary employment”, a full-time, permanent job whose entry level hourly wage is at least one hundred and fifty per cent of the nonmanufacturing minimum wage as defined in chapter one hundred and forty-nine.

“Responsible buyer”, any person, partnership, or corporation deemed by the authority, after investigation, to be financially responsible to assume all obligations prescribed by the authority in the acquisition and operation of an industrial development project.

“Responsible tenant”, any person, partnership, or corporation deemed by the authority, after investigation, to be financially responsible to assume all rental and all other obligations prescribed by the authority in the leasing and operation of an industrial development project.