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Session Law

2006

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Chapter 46 AN ACT AUTHORIZING CERTAIN ACTIONS BY THE BRAINTREE ELECTRIC LIGHT DEPARTMENT GENERATING PROJECT.

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 sections 3 and 15 of chapter 40 of the General Laws, or any other general or special law to the contrary, and in addition to any other power conferred by law, the town of Braintree, acting through its municipal light plant commission, may lease certain land for the purposes of constructing, operating and maintaining the electric power plant and related facilities to the public owner or owners of the electric power plant and related facilities, for a term not to exceed 50 years. The land may be used for these purposes, notwithstanding any restrictions or limitations on the land existing by deed or otherwise, and shall be subject to exemption from the operation of the applicable zoning ordinances or by-laws pursuant to those portions of section 3 of chapter 40A applicable to public service corporations. The land is located at 150 Potter Road in the town of Braintree and is identified by the town as Property Identification (PID) 3045-0-1C (Map 3045, Lot 1C of the town assessor records).

SECTION 2. Sections 38A1/2 to 38O, inclusive, of chapter 7 of the General Laws, section 20A of chapter 9 of the General Laws, sections 39G to 39M, inclusive, and section 39Q of chapter 30 of the General Laws, sections 44A to 44J, inclusive, of chapter 149 of the General Laws and regulations promulgated under these sections of the General Laws or any other sections of the General Laws governing the procurement by municipal light plants or municipal lighting plant cooperatives of construction and design services shall not apply to the design, construction, operation or maintenance of the electric power plant or its related facilities provided for in this act. However, section 26, section 27 and sections 27A to 27F, inclusive, of chapter 149 of the General Laws and section 15, section 17, the second, third and fourth paragraphs of section 18, section 19, and section 20 of chapter 149A of the General Laws applicable to the design-build method for public works construction projects shall apply to the design and construction of the electric power plant and its related facilities. Notwithstanding the forgoing, as the awarding authority as defined in section 15 of chapter 149A of the General Laws, the Braintree Electric Light Department may waive minor informalities and reject any and all bids if it is in the public interest to do so.

SECTION 3. The Braintree Electric Light Department may issue revenue bonds for the financing of the electric power plant and its related facilities provided for in this act. Said revenue bonds shall be supported solely by the revenues from the Braintree Electric Light Department.

SECTION 4. This act shall take effect upon its passage.

Approved March 23, 2006.

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