SENATE DOCKET, NO. 1109        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1635

The Commonwealth of Massachusetts

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PRESENTED BY:

James B. Eldridge

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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 power-purchase agreements for state property.

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PETITION OF:

SENATE DOCKET, NO. 1109        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1635

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to power-purchase agreements for state property.

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

SECTION 4. Section 11C of chapter 25A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following subsection:-

(e)(1) Notwithstanding section 137 of chapter 164, and consistent with this section and sections 30 and 31 of chapter 7C, the commissioner of capital asset management and maintenance may, in cooperation with a state agency or building authority, develop requests for proposals for power-purchase agreements or net metering agreements involving use of commonwealth real property.

(2) A state agency may develop requests for proposals for power-purchase agreements or net metering agreements, only consistent with section 11C and this subsection (e) and only with the approval of the commissioner of capital asset management and maintenance, who shall give her approval in writing to the authorized state agency. The division of capital asset management and maintenance may contract for power-purchase agreements or net metering agreements jointly with the authorized state agency, if the commissioner of capital asset management and maintenance finds the arrangement necessary and appropriate.

(3) The commissioner of capital asset management and maintenance and the using agency may award contracts for power-purchase agreements or net metering agreements to the proposer whose proposal provides the best value for the commonwealth. For the purposes of this section, a determination of best value may include price per unit of power, total energy output, the quality of the proposal and the entity submitting a proposal, including but not limited to any subcontractors and consultants used by the entity submitting a proposal, and other factors to be determined by the commissioner of capital asset management and maintenance, which shall be set forth in the request for proposals.

(4) Notwithstanding sections 33 through 36, inclusive, of chapter 7C or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the authorized state agency, may lease one or more parcels of land owned by the commonwealth, other than land subject to Article 49, as appearing in Article 97, of the Amendments to the Constitution, for a term, including extensions, not to exceed 20 years, in connection with a power-purchase agreement or net metering agreement under this subsection. The commissioner of capital asset management and maintenance shall determine the exact boundaries of the property so leased after completion of a survey. Each lease shall be subject to terms and conditions that the commissioner of capital asset management and maintenance may prescribe in consultation with the appropriate state agency. In connection with any lease authorized by this section, the commissioner of capital asset management and maintenance may grant rights of way or easements for access, egress and utilities across commonwealth property contiguous to the leased premises, but those rights of way or easements shall expire upon the expiration or termination of the lease.