SENATE DOCKET, NO. 2691        FILED ON: 12/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2439

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark C. Montigny

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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 wind and solar systems within the town of Mattapoisett.

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PETITION OF:

SENATE DOCKET, NO. 2691        FILED ON: 12/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2439

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 wind and solar systems within the town of Mattapoisett.

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 provision of Section 5, Clause Forty-Four of Chapter 59 of the General Laws, as appearing in the General Official Edition, and notwithstanding the provisions of any general or special law to the contrary, the Town of Mattapoisett is hereby authorized pursuant to Section 4 of Chapter 59 of the General Laws, as appearing in the 2019 General Official Edition, to assess, as personal property, a solar or wind system that is capable of producing more than twenty-five kilowatts AC (25kw AC) and which power produced by said solar or wind powered system is more than 125 per cent of the annual electricity needs of the real property upon which it is located and contiguous or non-contiguous real property within the same municipality that is owned or leased by the owner of the real property on which the solar or wind powered system is located.

SECTION 2. In lieu of the payment of the tax authorized in Section 1 hereof, the owner of any such solar or wind powered system which is taxable as personal property in the Town of Mattapoisett may execute an agreement for payment in lieu of taxes with the Town of Mattapoisett.

SECTION 3. Notwithstanding any provision of any general or special law to the contrary, the Town of Mattapoisett acting through its Board of Selectmen, its Board of Assessors and pursuant to authority granted by its Town Meeting, may execute an agreement for the payment in lieu of taxes with the owner of a solar or wind power system in the Town of Mattapoisett; provided, however, that, unless otherwise provided by the agreement, a notice of the payment in lieu of taxes owed for each fiscal year shall be mailed to the owner and due on the dates by which a tax assessed under the General Laws, as appearing in the 2019 General Official Edition would be payable without interest.

The term of said payment in lieu of tax agreement shall not be for a period greater than 20 years from the date of installation of the system unless said payment in lieu of tax agreement contains express provisions setting forth the reasons that justify a term longer than 20 years; provided further, that an exemption shall not be allowed for any year within that period where the solar or wind powered system is not capable of producing energy as required herein.

SECTION 4. Annually and not later hat March 1, each owner shall execute and deliver an affidavit under oath to the Board of Assessors of the Town of Mattapoisett stating the (i) type of system (ii) capacity of the system (iii) percentage of the annual electricity needs of the real property that were met by the system; and (iv) power generated for the previous year.

SECTION 5. Notwithstanding the provisions hereof, or any general or special law to the contrary, the owner of a solar or wind powered system and the Town of Mattapoisett shall not be required to amend, modify, or renegotiate an existing payment in lieu of tax agreement that was entered into or executed before the effective date of this act.

SECTION 6. This act shall become effective on July 1, 2020, or take any action relative thereto.