Amendment ID: S23-5

Amendment 5

Salem Offshore Wind Port

Ms. Lovely moves that the proposed new text be amended by inserting the following section:-

SECTION XX. (a) The port in the city of Salem has been identified as an optimal site for operations to support the construction and maintenance of offshore wind developments. In order to further the commonwealth’s clean energy and economic development objectives, support the construction of offshore wind developments approved by the commonwealth and other states, and stimulate investment in and the growth of the offshore wind industry in the commonwealth, it is hereby determined to be in the interests of the commonwealth to provide as quickly as possible for the construction and operation of infrastructure and other improvements at the port in the city of Salem for the primary purpose of supporting the construction and maintenance of offshore wind developments, and it is further determined that the construction and operation of an offshore wind operations terminal at the port in the city of Salem constitutes a public purpose.

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

“Center”, the Massachusetts clean energy technology center established pursuant to chapter 23J of the general laws.

“Cooperation agreement”, the cooperation agreement between Salem Wind Terminal, LLC and the city of Salem dated September 30, 2022 related to the Salem port site.

“Port authority”, the Salem harbor port authority established pursuant to chapter 250 of the acts of 2016.

“Salem offshore wind terminal”, facilities at the Salem port site capable of supporting, and the operation and use thereof for the primary purpose of supporting, the construction and maintenance of offshore wind developments.

“Salem port site”, the 42.3 acre parcel of land located within the city of Salem shown on the city of Salem assessor’s map 41, lot 339.

(c) The center is hereby designated as the state entity authorized to provide for the establishment of the Salem offshore wind terminal. In order to facilitate the establishment by the center of the Salem offshore wind terminal, the port authority is authorized to acquire the portion of the Salem port site in which it has existing legal entitlements under the cooperation agreement and to enter into a long-term lease with the center for the disposition of all or a portion of said property to the center. The port authority’s acquisition and disposition of real property authorized by this subsection, and any other real property acquisitions or dispositions between the port authority and the center related to the Salem port site that said parties determine to be necessary or desirable to facilitate and sustain the establishment by the center of the Salem offshore wind terminal, shall be exempt from the provisions of chapter 30B of the general laws. If the center leases all or a portion of the Salem port site to a private party for the purpose of establishing and operating the Salem offshore wind terminal, the design and construction of any improvements to the Salem port site contracted for by the private party for the purpose of establishing and maintaining the Salem offshore wind terminal shall not be subject to the provisions of chapters 7C or 149 of the general laws and shall not be subject to any other general or special law relating to procurement requirements for public projects; provided, however, that any such capital improvement projects undertaken by the private party for the Salem offshore wind terminal shall be subject to the prevailing wage requirements of sections 26 and 27 of chapter 149 of the general laws.

(d) Section 4 of chapter 250 of the acts of 2016 is hereby amended by inserting the following clause at the end of that section:- “, and the 42.3 acre parcel of land located within the city of Salem shown on the city of Salem assessor’s map 41, lot 339.”