Budget Amendment ID: FY2012-S3-189-R2

2nd Redraft ENV 189

Amendment to Reimburse Communites Affected by RGGI

Messrs. Berry and Rodrigues moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">Mr. Berry moves that the bill be amended by inserting after section 26 the following section:-

“SECTION 26A.  Subsection (c)(1) of section 22 of chapter 21A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:-

(i)to reimburse a municipality in which the property tax receipts from an electric generating station including, for the purposes of this clause, payments in lieu of taxes and other compensation specified in an agreement between a municipality and an affected property owner, are reduced due to full or partial decommissioning of the facility or other change in operating status of the facility if such action also reduces the commonwealth’s greenhouse gas emissions from the electric generator sector under the goals established under chapter 21N; provided, however that the amount of such reimbursement shall be determined by calculating the difference between the amount of the tax receipts, including payments in lieu of taxes and/or other compensation paid by the electric generating station in the current tax year and the amount of the tax receipts, including payments in lieu of taxes and/or other compensation paid by the electric generating station in the year prior to the full or partial decommissioning or other change in operating status of the facility; provided further, that no reimbursement shall be made if, in a tax year, the aggregate amount paid to a municipality by the owner of an electric generating station including, but not limited to, payments in lieu of taxes and other compensation, exceeds the aggregate amount paid to that municipality by that owner in the year prior to the full or partial decommissioning or other change in operating status of the facility. After full or partial decommissioning or other change in operating status of the facility, the electric generation facility’s tax obligation shall be based, on an annual basis, on tax receipts, including payments in lieu of taxes and/or other compensation that have been negotiated in good faith by the electric generation facility and municipality on or before January 30th of the current tax year; provided however, that if the electric generation facility and municipality have not negotiated in good faith payments in lieu of taxes and other compensation in the nature of property tax payments by said January 30th, then said facility’s tax obligation shall be determined by an independent third party assessor paid by said facility, but selected jointly by the municipality and the facility, or if they are unable to arrive at a joint selection, then by the Department of Revenue. The municipality shall be entitled to reimbursement for the difference between the amount called for in such assessment and the amount of the tax receipts, including payments in lieu of taxes and/or other compensation paid in the year prior to the full or partial decommissioning or other change in operating status of the facility, provided that such independent assessment is filed with any request for funds under this clause.  Payments from the fund shall be prioritized so that the first payments from the fund shall be made to municipalities under this clause.”

And by inserting after section 98 the following section:-

”SECTION 98A. Section 114 of chapter 169 of the acts of 2008 is hereby amended by striking out the figure “2011” and inserting in place thereof the following figure:-2021”.