Section 2.02 - Powers of the Board(1) The Board is authorized to review and approve Proposed Projects which meet each of the standards set forth in 810 CMR 2.02(1)(a) through (g). The Board may approve any Proposed Project which: (a) represents sound management of Assets held by the Agency;(b) is technically and financially viable;(c) does not interfere with current or foreseeable legal obligations of the Agency;(d) does not constitute a conflict of interest;(e) does not result in windfall profits to any individual or group of individuals;(f) serves a public purpose or is in the public interest; and(g) establishes an open and competitive process for property procurement and disposition, consistent with the intended public benefit.(2) In approving a Project, the Board is authorized to determine that property procurement and disposition laws and regulations otherwise applicable to Projects shall not apply to a specific Project; provided that the Board shall not have the authority to limit or modify in any way:(a) the requirements of M.G.L. c. 7C, § 38; M.G.L. c. 62C, § 49A; or any certification of noncollusion in contracting; or(b) the application of any such law or regulation that by its terms applies equally to both public and private agencies or entities. The Board is authorized to require alternative property disposition or procurement measures as a condition to any Project approval, consistent with the standards set forth in 810 CMR 2.00. A determination to waive any property procurement or disposition law or regulation to require any such alternative measure shall be made in conformity with the standards of 810 CMR 2.02(1).
(3) The Board is authorized to exercise all powers necessary to implement the provisions of M.G.L. c. 7B including, but not limited to, the following powers: (a) The Board is authorized to monitor Approved Projects to safeguard the public trust in accordance with 810 CMR 2.08.(b) The Board is authorized to establish Trust Funds in accordance with 810 CMR 2.09.(c) The Board is authorized to terminate any Approved Project in accordance with 810 CMR 2.10.(d) The Board is authorized to maintain records of all Approved Projects in accordance with 810 CMR 2.11.(4) The Board shall exercise its authority in accordance with 810 CMR 2.00.Amended by Mass Register Issue 1345, eff. 8/11/2017.Amended by Mass Register Issue 1428, eff. 10/16/2020.