Amendment #14 to H3400

Municipality Reimbursement

Mrs. Haddad of Somerset moves to amend the bill by inserting after SECTION 103 the following section:

SECTION 104.  Clause (i) of paragraph (1) of subsection (c) of section 22 of chapter 21A of the General Laws, as amended by chapter 68 of the acts of 2011, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:-

to reimburse a municipality in which the property tax receipts from electric generating station including, for the purposes of this clause, payments in lieu of taxes and other compensation specified in an agreement between a municipality and an affected property owner, are reduced due to full or partial decommissioning of the facility or other change in operating status of the facility including, but not limited to, a reduction in capacity factor, occurring after July 1, 2012 at a dual coal and oil fired facility of at least fifty percent from the average capacity factor of the previous ten years if such action also reduces the commonwealth’s greenhouse gas emissions from the electric generator sector under the goals established under chapter 21N; provided, however that the amount of such reimbursement shall be determined by calculating the difference between the amount of the tax receipts, including payments in lieu of taxes or other compensation paid by the electric generating station in the current tax year and the amount of the tax receipts, including payments in lieu of taxes or other compensation paid by the electric generating station in the year prior to the full or partial decommissioning or other change in operating status of the facility; provided further, that no reimbursement shall be made if, in a tax year, the aggregate amount paid to a municipality by the owner of an electric generating station including, but not limited to, payments in lieu of taxes and other compensation, exceeds the aggregate amount paid to that municipality by that owner in the year prior to the full or partial decommissioning or other change in operating status of the facility.