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The 190th General Court of the Commonwealth of Massachusetts

Section 27: Construction of chapter

Section 27. This chapter shall be construed in all respects so as to meet all constitutional requirements. Except as expressly provided herein, the provisions of this chapter shall not affect the interpretation of other laws. If any provision of this chapter shall be held unconstitutional, such unconstitutionality shall not affect any other provisions, except as hereinafter set forth in this section. In the event it is finally determined by a court of competent jurisdiction that a municipal electric department is not subject, with respect to any electric power facilities financed under sections eleven to twenty-two, inclusive, to payments in lieu of taxes under paragraphs (b), (c) or (d) of section eight by reason of the unconstitutionality of any of said paragraphs, or that the borrowing limitation set forth in clause (i) of paragraph (1) of subsection (b) of section nine is unconstitutional, the municipal electric department involved shall, and any person may, file written notice of such decision with the department. Such notice shall include a statement that it is filed pursuant to this section. After such a filing the department shall not have any further authority to approve the issue of bonds under this chapter except (i) where it finds that any electric utility has, prior to such filing, undertaken substantial expense or liability in expectation of such bond financing, or (ii) where notes have been issued, prior to such a filing, under sections eleven to twenty-two, inclusive, in anticipation of revenue bonds.