State Program Coordination

(1) Application. At the request of a state body, the MHC shall consider execution of a Programmatic Memorandum of Agreement to fulfill the state body's responsibilities under M.G.L. c. 9, §§ 26 through 27C for a particular program or class of projects that would otherwise require numerous individual project reviews. The Programmatic Memorandum of Agreement may specify categories of projects that shall be exempt from further review, categories of projects where review could be best accomplished on a program-wide rather than individual project basis, or coordinated process and schedule for review. Agencies which are legally required to hold adjudicatory proceedings, are particularly encouraged to request a Programmatic Memorandum of Agreement. (2) Consultation Process. At the request of a state body, the state body and the MHC shall consult to develop a Programmatic Memorandum of Agreement. Upon agreement, the MHC shall, with the assistance of the state body, draft a Programmatic Memorandum of Agreement outlining the review procedures for programs conducted by the state body and listing the types of action exempt from review. The MHC shall submit a draft of the proposed Programmatic Memorandum of Agreement to the state body. If the state body signs the proposed Programmatic Memorandum agreeing that it will comply with the measures specified to eliminate, minimize, or mitigate adverse effects to State Register properties, then the proposed Programmatic Memorandum of Agreement shall be placed on the agenda of a MHC meeting to be held within 60 days of receipt of the signed Proposed Memorandum. The MHC shall notify the state body of the time and place of the MHC meeting. (3) Consideration of the Proposed Programmatic Memorandum of Agreement. The MHC shall review the proposed Programmatic Memorandum of Agreement and consider any additional information submitted by the state body or by the public. Within ten days of the meeting, the MHC shall direct the Executive Director to either sign and execute the Programmatic Memorandum of Agreement on behalf of the MHC, or revise the Programmatic Memorandum of Agreement in accordance with the recommendations of the MHC and consult with the state body to develop a revised Programmatic Memorandum of Agreement.