Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 40D of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by inserting after paragraph (c) the following paragraph:-

(c?) "Cogeneration facility", as defined in section one of chapter one hundred and sixty-four.

SECTION 2. Paragraph (1) of said section 1 of said chapter 40D, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Industrial enterprise shall also include an enterprise primarily or incidentally engaged in cogeneration by means of cogeneration facilities or in production of electric energy by means of small power production facilities.

SECTION 3. Said section 1 of said chapter 40D is hereby further amended by striking out paragraph (m), as so appearing, and inserting in place thereof the following paragraph:-

(m) "Industrial development facilities", facilities used in connection with any industrial, or research and development enterprise or any part thereof, located within or partially within the municipality creating an authority, including any or all buildings, docks, wharves, ships, improvements, additions, extensions, replacements, appurtenances, land, rights in land, riparian rights, water rights, franchises, machinery, equipment, furnishings, landscaping, utilities, approaches, roadways, energy conservation facilities, facilities designed to reduce consumption of petroleum products and other facilities necessary or desirable in connection therewith or incidental thereto, such as, but not limited to, office, warehouse, terminal, transportation and back-up power generating facilities, which facilities need not merely be in connection with or incidental to other facilities if the operation of such facilities themselves is an industrial enterprise.

SECTION 4. Said section 1 of said chapter 40D is hereby further amended by inserting after paragraph (q), as so appearing, the following paragraph:-

(q?) "Small power production facility", as defined in section one of chapter one hundred and sixty-four.

SECTION 5. Section 7 of said chapter 40D is hereby amended by striking out paragraph (c), as appearing in the 1984 Official Edition, and inserting in place thereof the following paragraph:-

(c) Nothing in this chapter shall be deemed to permit the financing by a municipality of a plant for the manufacture or distribution of gas or electricity except (i) back-up power generating or distribution facilities or other facilities for the supply of gas or electricity to occupants of an industrial development project financed under this chapter, (ii) pollution control facilities, (iii) solid waste disposal facilities, (iv) small power production facilities, and (v) cogeneration facilities.

SECTION 6. Said chapter 40D is hereby further amended by striking out section 23, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 23. A municipality acting by and through an authority in connection with a project for pollution control facilities, cogeneration facilities or small power production facilities financed or to be financed under this chapter may apply for and accept and use any grant, loan, or grant and loan of federal or state funds for such pollution control facilities, cogeneration facilities or small power production facilities.