Commission Review of a Petition to Reopen a Mitigation Agreement

The commission shall review any petition filed in accordance with 205 CMR 127.03(2) and grant the petition if it finds that a triggering event referenced in 205 CMR 127.02 has occurred and that re-opening the mitigation agreement and allowing it to be amended as proposed will not substantially change the project as it was described in the host community agreement or the concise summary provided as part of the ballot created for the host community election. The commission may convene a hearing on the petition on its own volition or if requested by a party. Upon granting the petition, the commission shall order the parties to re-negotiate any affected provision of the mitigation agreement specified by the commission.