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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE SOUTHERN WORCESTER COUNTY REGIONAL VOCATIONAL SCHOOL DISTRICT TO ENTER INTO SOLAR POWER GENERATION AGREEMENTS.

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

(a)  Notwithstanding any general or special law to the contrary, but subject to paragraph (a), (b) and (g) of section 16 of chapter 30B of the General Laws, the Southern Worcester county regional vocational school district may lease or enter into other agreements for a term, including any extensions, of not more than 30 years for certain lands and any buildings and other appurtenances thereon located at the Bay Path regional vocational technical high school in the town of Charlton for solar power generation.  The location and boundaries of any of the parcels to be subject to a lease or other agreement shall be determined by the district based upon a survey by a certified engineer.

(b)  A lease or other agreement executed pursuant to this act shall be on terms, conditions and consideration acceptable to the district.

(c)  The lessee shall be responsible for and shall maintain an escrow fund for all costs and expenses including, but not limited to, costs associated with engineering, surveys, appraisals and preparation of a lease or other agreement, as such costs may be determined by the district.

(d)  The district may establish a receipts reserved for appropriation account for any revenue generated from the lease or other agreement. The account shall be used for the general appropriations of the district.

(e)  Annually, the district shall file a report with the school committee detailing the finances of the receipts reserved for appropriation account.  The report shall include: (i) the current balance in the fund; (ii) any money deposited into the fund; and (iii) expenditures from the fund.  The school committee shall accept the report of the fund.

(f)  All records of the lessee relating to the operation of the solar generation unit, including, but not limited to, finances, shall be made available for inspection by the state auditor, the attorney general and the inspector general upon request.

Approved, February 27, 2020.