HOUSE DOCKET, NO. 1651        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3367

The Commonwealth of Massachusetts

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PRESENTED BY:

Todd M. Smola

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to a solar farm moratorium.

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PETITION OF:

HOUSE DOCKET, NO. 1651        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3367

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to a solar farm moratorium.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a moratorium on certain large scale solar energy systems, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
 

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.  Notwithstanding the provisions of chapter 40A of the general laws, the location of solar photovoltaic installations in heavily forested residential districts presents a clear and present danger to the health, safety and welfare of the residents of the commonwealth, its environment and the future of residential neighborhoods an immediate moratorium on all current and future non-municipal solar photovoltaic proposals within the commonwealth, until June 30, 2014 will protect the health, safety and welfare of the residents of the commonwealth.

SECTION 2 Notwithstanding section 3 of chapter 40A of the general laws or any other general or special law to the contrary, no installation of a large scale ground mounted solar energy system or the building of a structure that facilitates the collection of such solar energy shall be allowed prior to June 30, 2014 in any city or town in the commonwealth that has not yet adopted an ordinance or by-law regarding the location of such energy system. For the purposes of this act the term “large-scale ground-mounted solar system” shall mean a solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kilowatts direct current.