Policy regarding EDIP Amendment Process for Projects
Adopted and made effective on June 30, 2010

Non-material change to a 2010+ Certified Project (Expansion Projects, Enhanced Expansion Projects, Manufacturing Retention Projects). (EACC vote required for all matters that impact the EDIP budget)

This requested change would not affect the amount or schedule of tax incentives to be taken, the public purpose, primary usage and / or reasonable probability of the project success.

If the change is non-material then a certified project must submit the following documentation to the EDIP but no vote will be needed:

a) Summary letter from the applicant company describing need for change, asserting that project otherwise remains the same per application materials (EACC may require more follow up).

Material Change to a 2010+ Certified Project Requiring an Amendment to the Project (Expansion Projects, Enhanced Expansion Projects, Manufacturing Retention Projects).  (EACC vote required)

A change to a Certified Project relating to matters which were required to be, or might properly have been, the subject of a Certified Project application approved locally and / or by the EACC pursuant to 402 CMR 2.09 through 2.12. A material change will vary project by project and will be judged according to the reasonable person standard. A material change may alter tax exemptions, the amount and utilization schedule of investment tax credits, job and / or investment commitments or other obligations. Any project change(s) that alter(s) the stated public purpose, primary usage, and/or reasonable probability of success is (are) material.

If the change is material then the certified project must submit following documentation to the EDIP:

a) Summary letter from the applicant company describing characteristics of change, need for change and results of change
b) Revised EDIP Supplemental Application
c) For an Expansion Project or a Manufacturing Retention Project, local approval of the proposed 2010+ Certified Project amendment when applicable, a copy of an associated Tax Increment Financing or Special Tax Assessment agreement amendment.

Once all of the information has been submitted by the project, the EACC will consider an amendment.  

Non-material change to a 2010+ Local Tax Incentives Only Project (No EACC vote required)

A non-material change to a Local Tax Incentives Only Project would not affect the amount of tax incentives a project receives, the public purpose, primary usage and / or reasonable probability of the project success and would also include a change in the company name that is party to the Tax Increment Financing (TIF) or Special Tax Assessment (STA) agreement.

If the change is non-material the project must submit the following documentation to the EACC:

a) Summary letter from the company describing need for change, providing up to date FEIN and contact information and asserting that the company agrees to the commitments of the Project and TIF or STA agreement (EACC may require more follow up).
b) Letter from the municipality acknowledging that a new company has taken over the Project.

Material Change to a 2010+ Local Tax Incentives Only Project Requiring an Amendment (EACC vote required)

A change to a Local Tax Incentives Only Project relating to matters which were required to be, or might properly have been, the subject of the application and Tax Increment Financing or Special Tax Assessment agreement approved locally and by the EACC pursuant to 402 CMR 2.13. A material change will vary project by project and will be judged according to the reasonable person standard. A material change may alter tax exemptions, job and / or investment commitments or other obligations. Any project change(s) that alter(s) the stated public purpose, primary usage, and/or reasonable probability of success is (are) material.

If the change is material then the following documentation will be required:

a) Revised Local Tax Incentives Only Application
b) Local approval and copy of an associated Tax Increment Financing or Special Tax Assessment agreement amendment.

Once all of the information has been submitted by the project, the EACC will consider an amendment.  

Changes to pre-2010 EDIP Projects Requiring an Amendment (EACC vote required)

If a municipality seeks to change a TIF Agreement that is, and continues to be, part of an existing Certified Project approved prior to 2010, the municipality may only make changes if the project location remains the same and there must continue to be employment growth at the project location yielding a net increase of new, permanent full-time jobs in the Commonwealth of Massachusetts.  An amendment will not be considered for an increase in the value of private investment associated with the original Certified Project (as determined by the EACC resolution) nor can the type of investment be changed.  

The following documentation will be required:
a) Summary letter from municipality describing need for change and impact
b) Accompanying letter from company that is seeking change
c) Local approval and copy of an associated Tax Increment Financing or Special Tax Assessment agreement amendment.

An existing TIF or STA agreement can be amended to accompany a new 2010+ Certified Project application in which case the value and type of investment associated with the agreement may be increased and / or changed.

Please note that all projects seeking amendment approvals by the EACC will be required to provide a MA Department of Revenue Certificate of Good Standing, dated within 6 months prior to the EACC meeting.