429 CMR 2.05
MWT-TIF Plans
Each Tax Increment Financing Plan shall include the following elements:
(1) Designation of the TIF Zone. The TIF Zone shall be designated in accordance with the
requirements of 429 CMR 2.04.
(2) Description of the Projects. The MWT-TIF Plan shall describe in detail all training, retraining, and
workforce repositioning contemplated for such MWT-TIF Zone as of the date of adoption of the
MWT-TIF Plan that shall be eligible for the MWT-TIF Exemption. The MWT-TIF Program is
designed to promote the timely development of projects which have been thoroughly planned and to
which the municipality and private parties are prepared to commit themselves. The MWT-TIF Plan
and the incorporated MWT-TIF Agreements embody those commitments as representations to the
EACC that the parties will proceed forthwithwiththe workforce development programs described in
the MWT-TIF Plan in accordance with the time schedules included in the MWT-TIF Plan. The
description shall include a description of the projects proposed for the MWT-TIF Zone that will
receive MWT-TIF Exemptions. The MWT-TIF Plan must include documentary evidence of the level
of each employer's financial commitment to any MWT-TIF Project, including without limitation
business plans including time schedules for development from initial planning to project completion,
projected returns on the investment, the expected increase in job opportunities, and estimated tax
revenues based upon increased valuation of the parcel within the MWT-TIF Zone. The MWT-TIF
Plan shall include a budget for proposed project expenditures with supporting data.
(3) Manufacturing Workforce Training Tax Increment Exemptions from Property Taxes. The
MWT-TIF Plan shall authorize the tax increment exemptions from property taxes, for each parcel
located in a MWT-TIF Zone for which an agreement has beenexecuted withthe owner of the parcel
in accordance with 429 CMR 2.05(6).
(a) Term of the Exemption. Each exemption shall be for a term no longer than the period
specified in the agreement, not to exceed 20 years.
(b) Calculation of the Exemption. The exemption shall be calculated for each fiscal year of the
specified term. The amount of the exemption shall be equal to the exemption percentage multiplied
by the amount by which the property's then current valuation exceeds the product of its base
valuation multiplied by the adjustment factor, where the:
1. exemption percentage for each year of the term of the MWT-TIF Agreement is established
by the municipality and stated inthe MWT-TIFPlan, provided that such exemption percentage
does not exceed 100%. The amount of the exemption percentage specified in the MWT-TIF
Plan may vary from year to year but may, for each year, be stated as a percentage or as
established by formula.
2. the base valuation is the assessed value established for the most recent fiscal year
immediately prior to thefiscalyear in which the property first becomes eligible for an exemption
under 429 CMR 2.05(3).
3. the adjustment factor is equal to the product of the inflation factors for each fiscal year
following the year of which the parcel first became eligible for the tax increment exemption,
under 429 CMR 2.05(3); and
4. the inflation factor for each fiscal year shall be calculated as a fraction, the numerator of
which shall equal the total assessed value of all parcels of commercial and industrial real estate
in the municipality that are assessed at full and fair cash value for the current fiscal year minus
the new growth adjustment for the current fiscal year attributable to the commercial and
industrial real estate as determined pursuant to M.G.L. c. 59, § 21C(f) (the new growth
adjustment pursuant to "Proposition 2½") and the denominator of which shall equal the total
assessed value for the preceding year of all parcels included in the numerator. If the fraction
is less than one, then the inflation factor for that fiscal year shall be one.
(c) Total Amount of the Exemption. The employer must demonstrate a commitment to provide
aninvestment in training of employees in an amount at least equal to the amount of the exemption
sought. Such investment may be either cash or in-kind, and shall include those costs incurred as
a direct consequence of undertaking the training for which the exemption is sought, but shall not
include any of an employer’s on-going costs of doing business if such costs are not directly related
to this training, nor shall such investment consist of any investment used to satisfy the investment
requirements of M.G.L. c. 29, § 2RR(f) for Workforce Training Fund grants or the investment
requirements of M.G.L. c. 29, § 2WWW(f) for Workforce Competitiveness Trust Fund grants.
(d) Effective Date Tax Increment Exemption. The property becomes eligible for the tax increment
exemption on the Julyfirst following the date on which the EACC approves the MWT-TIF Plan.
(4) Identification of the owner of each parcel of real property located in the MWT-TIF Zone. The
MWT-TIF Plan shall include a list of the owners of each parcel of real property located within the
MWT-TIF Zone as shown in the records of the Assessor's office of the municipality.
(5) Delegation of Authority to Execute MWT-TIF Agreements. The MWT-TIF Plan shall refer to
an ordinance or bylaw delegating to one municipal board, agency, or officer the authority to execute
MWT-TIF Agreements and subsequent modifications theretobetweenthemunicipalityand the owners
of parcels of real property which are located in the MWT-TIF Zone.
(6) Executed MWT-TIF Agreements. The MWT-TIF Plan shall include each executed agreement
between such city or town and each eligible owner of a parcel of real property which is located in a
MWT-TIF Zone. Each such agreement shall include the following:
(a) all material representations of the parties which served as a basis forthe descriptions contained
in the MWT-TIF Plan in accordance with 429 CMR 2.05(2) and which served as a basis for the
granting of a MWT-TIF Exemption;
(b)
any terms considered appropriate by the city or town relative to compliance with the
MWT-TIF agreement including, but not limited to, that which shall constitute a default by the
property owner and the remedies that shall be instituted between the parties for any such defaults,
including an early termination of the agreement, provided that any exemption allowed pursuant to
an executed agreement shall be recaptured in a manner similar to that provided under M.G.L. c.
63, § 31A(e) should the property owner default;
(c) a provision requiring that 75% of the eligible workforce shallreceive trainingthat is designed
to retain employment in such city or town;
(d) a provision requiring that the Project shall be evaluated by the department of workforce
development, through the Commonwealth Corporation, in the same manner as other workforce
and job-training programs pursuant to M.G.L. c. 23H, § 11;
(e) a detailed recitation of all other benefits and responsibilities inuring to and assumed by the
parties to such agreement;
(f) a provision that such agreement shall be binding upon subsequent owners of such parcel of real
property; and
(g) provisions certifyingthat the property owner has sought the advice and recommenda-tions of
the local applicable Workforce Investment Board, and informationconcerningthe following factors:
1. whether the Project will increase the skills of low-wage, low-skilled workers;
2. whether the Project will create or preserve jobs at wages sufficient to support a family;
3. whether the Project will have a positive economic impact on a region with high levels of
unemployment or a high concentration of low-skilled workers;
4. whether the employer has made a commitment to provide significant private investment in
training during the duration of the Project and after the Project has been complete;
5. whether the Project will supplement, rather than replace, private investments in training;
6. whether the employer is a small business that lacks the capacity to provide adequate
training without such assistance;
7. whether the Project will provide residents ofthe commonwealthwithtrainingfor jobs that
could otherwise be filled only by residents of other nations; and
8. whether the application was developed with employee participation.
(7) Local Approvals. The MWT-TIF Planshallbe accompanied by evidence of local approvals of
a MWT-TIF Zone and a MWT-TIF Plan, in accordance with 429 CMR 2.06.