Amendment ID: S2829-6-R1

Redraft Amendment 6

Consider Anticipated Revenue and Site Decommissioning in PILOT

Ms. Comerford moves that the proposed new draft be amended by adding the following 3 sections:-

“SECTION XX. (a) The department of revenue, in consultation with the department of energy resources, shall solicit input from the public and issue guidance on the method for the valuation and assessment of taxes on solar and wind facilities capable of producing more than 125 per cent of the annual energy needs of the real property on which they are located. The guidance may include, but shall not be limited to: (i) standardized formulas for the calculation of property taxes; (ii) recommendations from state and regional stakeholders on the appropriate terms and schedule for payment in lieu of tax agreements; and (iii) guidelines for a standardized payment in lieu of taxes agreement, which may be based on a specified payment rate per kilowatt alternating current of installed rated capacity of the solar or wind powered system or such system's annual gross electricity revenues, including any receipt of net metering credits as defined in section 138 of chapter 164 or Massachusetts RPS-eligible renewable energy certificates received by the owner of a solar or wind powered system. The department, in consultation with the executive office of energy and environmental affairs, may promulgate regulations to implement this paragraph, including exemptions and waivers as determined reasonable.

(b) The guidance may include a requirement that a decommissioning or site restoration fund be established and that an amount of funds be set aside to be held in trust to pay for the decommissioning or restoration of the site where the system is located.

(c) A municipality may consider the guidance issued pursuant to this section in determining whether to enter into or execute an agreement for payment in lieu of taxes with the owner of a solar or wind powered system in the municipality in which the system is located; provided, however, this section shall not require a municipality to adopt such guidance. The department of revenue, in consultation with the department of energy resources, shall periodically review and update the guidance.

SECTION XX. Notwithstanding any guidance issued by the department of revenue with respect to clause Forty-fifth of section 5 of chapter 59 of the General Laws, the owner of a solar or wind powered system and the municipality in which the system is located 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 XX. The guidance required by section XX shall be issued not more than 9 months after the effective date of this act.”.