Amendments; Waivers; Transition Rules

(1) Amendment and Effective Date of Amendments. 760 CMR 56.00 may be amended in accordance with the provisions of M.G.L. c. 30A. (2) Waivers from 760 CMR 56.00. The Department or, in the event of an appeal before the Committee, the presiding officer may waive any provision of 760 CMR 56.00 except for 760 CMR 56.02, 760 CMR 56.03, 760 CMR 56.07(2)(c), 760 CMR 56.07(3)(b), 760 CMR 56.07(5)(a), and 760 CMR 56.08, when in the judgment of the Department or the presiding officer strict compliance with such provision will result in an undue hardship and will be inconsistent with the purposes of M.G.L. c. 40B, §§ 20 through 23. In the event of such waiver, issued by the presiding officer, he or she shall file with the record of the case a statement of the facts on which such waiver is based. No waiver shall be made if it conflicts with any mandatory provisions of any statute. (3) Transition Rules. (a) If no Project Eligibility Determination for a Project had been issued by the Subsidizing Agency prior to the effective date of 760 CMR 56.00, then the entirety of 760 CMR 56.00 shall apply to the Project. (b) If a Project Eligibility Determination for a Project had been issued by the Subsidizing Agency, but no application was filed with the Board, prior to the effective date of 760 CMR 56.00, then the entirety of 760 CMR 56.00 shall apply to the Project, except that 760 CMR 56.04(4) shall not apply. (c) If an application for a Project had been filed with the Board prior to the effective date of 760 CMR 56.00, then the entirety of 760 CMR 56.00 shall apply to the Project, except that the changes in the numerical standards of 760 CMR 56.03(4)(c)(2) and 56.03(6)(d), 760 CMR 56.03(8), 760 CMR 56.04(4), and the second and third paragraphs of 760 CMR 56.05(3) shall not apply. (d) If a Comprehensive Permit for a Project had been finally issued (including the resolution of all appeals) and the Subsidizing Agency had issued its final written approval pursuant to 760 CMR 56.04(7) prior to April 1, 2008, then the entirety of 760 CMR 56.00 shall apply to the Project, except that the financial surety requirements of 760 CMR 56.04(7)(c) shall not apply. NON-TEXT PAGE