HOUSE DOCKET, NO. 2975        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 575

The Commonwealth of Massachusetts

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PRESENTED BY:

Theodore C. Speliotis

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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 clean energy generation at the Essex North Shore Agricultural and Technical School.

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PETITION OF:

HOUSE DOCKET, NO. 2975        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 575

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to clean energy generation at the Essex North Shore Agricultural and Technical School.

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.  (a)As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

     “District”, the Essex North Shore agricultural and technical school district established pursuant to chapter 463 of the acts of 2004.

     “School”, the Essex North Shore agricultural and technical school established pursuant to chapter 463 of the acts of 2004.                  

(b)  Notwithstanding section 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 463 of the acts of 2004 or any other general or special law to the contrary, the district may lease or enter into other agreements for a term, including any extensions, not to exceed 25 years for certain lands and any buildings and other appurtenances thereon located at the school in the Hathorne section of the town of Danvers for solar power generation.  The location and boundaries of any of the parcels to be leased shall be determined by the district based upon a survey by a certified engineer.              

(c)  The lease or other agreement authorized by this section shall be on terms and conditions acceptable to the district, and subject to review by the inspector general prior to the execution of the lease.

(d)  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 any engineering, surveys, appraisals and lease preparation as such costs may be determined by the district.                

(e)  The district may establish a receipts reserved for appropriation account for any revenue generated from the lease of property to the lessee. The account shall be used for the general appropriations of the district.

(f) Annually, a report shall be filed with school committee detailing the finances of the receipts reserved account.  The annual 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.

(g)  Any lease and other agreements executed pursuant to this section shall be on terms, conditions and consideration acceptable to the district.

(h)  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 offices of the state auditor, the attorney general, and the inspector general upon request.

SECTION 2. This act shall take effect upon passage.