Amendment #214 to H3600

Power Purchase Agreements

Mr. Hill of Ipswich moves to amend the bill by adding the following section:

“SECTION XX: Section 11C of chapter 25A of the General Laws, as appearing in the 2014 165 Official Edition, is hereby amended by adding the following subsection:

(e)(1) Notwithstanding section 137 of chapter, 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 or building authority may only develop requests for proposals for power- purchase agreements or net metering agreements in a manner consistent with this subsection and with the approval of the commissioner of capital asset management and maintenance, who shall give such approval in writing to the authorized state agency or building authority. The division of capital asset management and maintenance may contract for power-purchase agreements or net metering agreements jointly with the authorized state agency or building authority, if such arrangement is deemed necessary and appropriate by the commissioner of capital asset management and maintenance.

(3) The commissioner of capital asset management and maintenance and the authorized state agency or building authority 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 such other factors to be determined by the commissioner of capital asset management and maintenance, and 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 or building authority, may lease one or more parcels of land owned by the commonwealth, other than land subject to article 97 of the amendments to the constitution of the commonwealth, 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 exact boundaries of the property so leased shall be determined by the commissioner of capital asset management and maintenance after completion of a survey. Each lease shall be subject to such terms and conditions as the commissioner of capital asset management and maintenance may prescribe, in consultation with the authorized state agency or building authority. 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, provided, however, that such rights of way or easements shall expire upon the expiration or termination of the lease.”.