Amendment #1095 to H4000

DCR Solar Canopies

Mr. Moran of Boston moves to amend the bill by adding the following sections:

SECTION XX

(a) Notwithstanding the provisions of sections 34 to 37 of chapter 7C of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation may enter into leases, and the department of conservation and recreation may enter into other agreements, using whatever open and competitive process as the commissioner of the division of capital asset management and maintenance approves for leases or the commissioner of the department of conservation and recreation approves for other agreements for terms not to exceed 30 years upon certain parcels of land or portions thereof held for conservation and recreation purposes, as described in subsection (b). Said leases and agreements shall be for the purposes of constructing, operating, maintaining and repairing so called solar thermal or solar photovoltaic generating structures or such structures paired with energy storage systems, where 100 per cent of the nameplate capacity of the solar photovoltaic modules used for generating power and of the power capacity of any paired energy storage system is installed on rooftops or parking lots or other paved parking surfaces in a manner that maintains the function of the area beneath the solar installation, along with any associated equipment and infrastructure, including without limitation poles, footings, wires, conduits, transformers and associated systems necessary or desirable to complete the work and make any connections to the electric grid if desired. The division of capital asset management and maintenance and the department of conservation and recreation shall consult with the department of energy resources during the lease or other agreement process.

(b) The parcels of land, or portions thereof, subject to the authorization in subsection (a) are as follows: Steriti Memorial Rink in the North End section of the city of Boston; Murphy Memorial Rink in the South Boston section of the city of Boston; Bajko Memorial Rink in the Hyde Park section of the city of Boston; Devine Memorial Skating Rink in the Dorchester section of the city of Boston; the maintenance facilities off Water and Taylor Streets in the Dorchester section of the city of Boston; the Northpoint Maintenance Facility in the city of Cambridge; Squantum Point Park in the city of Quincy; Leo J. Martin Memorial Golf Course in the town of Weston and the city of Newton; the maintenance facilities off Pond Street in the town of Stoneham; Fort Phoenix State Reservation in the town of Fairhaven; the so called Smart Barn at Great Brook Farm Reservation in town of Carlisle; Hopkinton State Park in the towns of Ashland and Hopkinton; and the parcels that will comprise the Worcester Visitor Center in the city of Worcester.

(c) There may be 2 options for renewal or extension, not to exceed 10 years each, of any lease and other agreement executed under subsection (a). This renewal or extension shall be at the discretion of the department of conservation and recreation or the division of capital asset management and maintenance, as applicable, in accordance with the original lease or agreement terms and conditions or such terms and conditions more favorable to the commonwealth.

(d) (1) The leases and other agreements authorized in subsection (a) may be with 1 or more respondents selected as part of the open and competitive process and shall be on terms, conditions, and consideration acceptable to the commissioner of the division of capital asset management and maintenance for leases or the commissioner of the department of conservation and recreation for other agreements, in consultation with the commissioner of the department of energy resources. Said leases and agreements shall require, at a minimum, that the solar structures and associated installations avoid or minimize impacts to the areas beneath the solar structures and to existing facility operations to the maximum extent practicable.

(2) A lease or other agreement shall provide for appropriate remedies, including termination of the lease or adequate mitigation to be deposited into the Conservation Trust established under section 1 of chapter 132A of the General Laws in the event the lessee or operator fails to abide by the requirements of this subsection.

(3) Any consideration or other payments received from the leases and other agreements authorized by this section shall be payable to the department of conservation and recreation for deposit into the Conservation Trust, established under said section 1 of said chapter 132A of the General Laws, to be expended without further appropriation to acquire lands or interests therein to ensure a no-net-loss of lands protected for natural resource purposes.

(4) Any lease or other agreement shall require the lessee or operator to carry comprehensive general liability insurance with the commonwealth named as an additional insured, protecting the commonwealth against all personal injury or property damage arising from constructing, operating, maintaining and repairing or decommissioning the solar canopy structures and associated installations authorized by this section.

(5) Notwithstanding any general or special law to the contrary, the lease or other agreement shall provide for the lessee or operator to manage, operate, improve, repair and maintain the solar structures and associated installation at the lessee's or operator's sole expense, shall include requirements for the lessee or operator to remove the solar canopy structures and other installations and restore the land and facilities at the end of the lease or other agreement, or sooner if the installation is antiquated or abandoned, at no cost to the commonwealth in the event the commonwealth does not elect to take ownership of the solar canopy structures and other installations, and shall compensate the commonwealth for disruption to the operations of the department of conservation and recreation, including lost parking revenue, and any damage caused to the parcels of land, or portions thereof, described in subsection (b) resulting from the construction, operation, maintenance, repair or decommissioning of the solar canopy structures and associated installations authorized by this section. No branding, logos or other advertising shall be displayed on the solar canopy structures and associated installations. The commissioner of the division of capital asset management and maintenance or the commissioner of the department of conservation and recreation, as applicable, may prescribe additional terms and conditions consistent with this section.

(e) The selected bidder for a lease or other agreement under subsection (a) or subsection (f) shall be responsible for all costs determined to be necessary or appropriate for implementing the lease or other agreement, including without limitation legal work, surveys and consultant services, as determined by the division of capital asset management and maintenance or the department of conservation and recreation, as applicable.

(f) If any lease or other agreement authorized by subsection (a) is terminated prior to the expiration of the initial term, the division of capital asset management and maintenance or the department of conservation and recreation, as applicable, in consultation with the department of energy resources, may, at its option, hold 1 additional open and competitive process to secure a new operator for the parcel or potion thereof under a lease or other agreement for a new term not to exceed 30 years, with 2 new options to renew or extend of 10 years each, for the purposes set forth in subsection (a). Any such lease or other agreement entered into under this subsection shall comply with all other requirements of this section.​

Additional co-sponsor(s) added to Amendment #1095 to H4000

DCR Solar Canopies