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Session Law

2005

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Chapter 5 AN ACT AUTHORIZING THE CITY OF BROCKTON TO INSTALL, FINANCE AND OPERATE SOLAR ENERGY FACILITIES.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Notwithstanding any general or special law to the contrary, the city of Brockton may design and install ground-mounted solar energy facilities at the 2 brownfields parcels owned or leased by the city of Brockton located on opposite sides of Grove street, aggregating approximately 15 acres and previously owned by the Brockton Gaslight Company, prepare and improve the sites, acquire all equipment necessary for the solar energy facilities, make improvements and extraordinary repairs to the facilities, and pay all other costs incidental and related thereto.

SECTION 2. The city of Brockton may issue bonds or notes up to but not exceeding the sum of $2,000,000 in the aggregate in order to finance all or a portion of the costs of the solar energy facility projects authorized pursuant to section 1. Notwithstanding chapter 44 of the General Laws to the contrary, the maturities of any such bonds issued by the city of Brockton under this act either shall be arranged so that for each issue the annual combined payments of principal and interest payable in each year, commencing with the first year in which a principal payment is required, shall be as nearly equal as practicable in the opinion of the city treasurer, or shall be arranged in accordance with a schedule providing for a more rapid amortization of principal. The first payment of principal of each issue of bonds or of any temporary notes issued in anticipation of the bonds shall be not later than 5 years from the estimated date of commencement of regular operation of the solar energy facilities financed thereby, as determined by the city treasurer, and the last payment of principal of the bonds shall be not later than 25 years from the date of the bonds. Indebtedness incurred under this act shall not be included in determining the limit of indebtedness of the city under section 10 of said chapter 44, but, except as otherwise provided in this act, shall be subject to the provisions of said chapter 44.

SECTION 3. Notwithstanding any general or special law to the contrary, the city of Brockton may operate any solar energy facilities installed pursuant to section 1, sell any electricity generated from such facilities and sell any other marketable products resulting from its generation of solar energy at such facilities or from its generation of any type of renewable energy at any renewable energy facility which the city is authorized by law to operate, including electronic certificates created to represent the "generation attributes" as such term is defined under 225 CMR 14.02 of each megawatt hour of energy generated by the solar energy facilities or any such other renewable energy producing facilities. The mayor of the city of Brockton may enter into 1 or more contracts on behalf of the city of Brockton for the sale of electricity and other marketable products resulting from the generation of solar energy at the solar energy facilities with such parties and upon such terms and conditions as the mayor determines to be in the best interest of the city of Brockton, but any such contract shall be subject to the approval of the city council.

SECTION 4. The city of Brockton shall procure any services required for the design, installation, improvement, repair and operation of the solar energy facilities authorized pursuant to this act and the acquisition of any equipment necessary in connection therewith in accordance with the procurement requirements of chapter 30B of the General Laws, and the city of Brockton may procure any such services and equipment together as one procurement or as separate procurements thereunder.

SECTION 5. The city of Brockton may establish an enterprise fund pursuant to section 53F 1/2 of chapter 44 of the General Laws for the receipt authorized pursuant to this act and from any other renewable energy producing facilities which the city is authorized by law to operate and all moneys received for the benefit of the solar energy facilities and any such other renewable energy facilities, other than the proceeds of bonds or notes issued therefor. Such receipts are to be used to pay costs of operation and maintenance of the solar energy facilities, to pay costs of future improvements and repairs thereto, and to pay the principal and interest on any bonds or notes issued therefor.

SECTION 6. This act shall take effect upon its passage.

Approved February 17, 2005.

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