HOUSE DOCKET, NO. 4903        FILED ON: 6/19/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4674

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul W. Mark

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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 releasing certain land in Northfield from the operation of an agricultural covenant.

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PETITION OF:

HOUSE DOCKET, NO. 4903        FILED ON: 6/19/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4674

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act releasing certain land in Northfield from the operation of an agricultural covenant.

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 any general or special law to the contrary, but subject to section 2 of chapter 184 of the General Laws, the commissioner shall execute an amendment of agricultural covenant held by the Commonwealth, acting through the Massachusetts department of agricultural resources, on land owned currently by Hopping Ahead LLC. Title was acquired by a covenant recorded in Book 6863, Page 183 at the Greenfield Registry of Deeds. The amendment shall add, at the end of III. A. Retained Rights: (4) The construction and placement of solar panels and associated infrastructure in a manner consistent with the provisions of the Commonwealth’s regulations pertaining to Agricultural Solar Tariff Generation Units and shall not be subject to additional requirements on the use of electricity generated. 

Section 2. As a condition precedent to the release authorized in section 1, the current owner shall pay to the department of agricultural resources 50% of the funds originally received, prorated at the time of release to be used to acquire new agricultural covenants , pursuant to the rules and guidelines of the department,  Such proration shall be determined as follows: $5,000 for every full year and $417 for every additional month or part thereof remaining on the term of the covenant.

Section 3. Except as amended by this act, the original agricultural covenant shall remain in full force and effect.