AN ACT AUTHORIZING THE TOWN OF FALMOUTH TO INSTALL, FINANCE AND OPERATE WINDE 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 town of Falmouth may design and install wind energy facilities at its wastewater treatment facility at Blacksmith Shop road in the town, prepare and improve the site, acquire all equipment necessary for the wind energy facilities, make improvements and extraordinary repairs to the facilities and pay all costs incidental and related thereto.
SECTION 2. The town of Falmouth may issue, from time to time, bonds or notes in order to finance all or a portion of the costs of the wind energy facilities project authorized in section 1. Notwithstanding chapter 44 of the General Laws, the maturities of such bonds shall be arranged: (i) for each issue, so that 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 town treasurer; or (ii) 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 the commencement of regular operation of the wind energy facilities financed thereby, as determined by the town treasurer. 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 town under section 10 of chapter 44 of the General Laws but, except as otherwise provided herein, shall be subject to said chapter 44.
SECTION 3. Notwithstanding any general or special law to the contrary, the town of Falmouth may operate wind energy facilities installed pursuant to section 1, sell the electricity generated from such facilities and sell any other marketable products resulting from the generation of wind energy at such facilities or from the generation of any type of renewable energy at any renewable energy facility which the town is authorized to operate. Such marketable products shall include, but not be limited to, electronic certificates created to represent the generation attributes, as is defined in 225 CMR 14.02, of each megawatt hour of energy generated by the wind energy facility or any other renewable energy-producing facility. The board of selectmen of the town of Falmouth may enter into contracts on behalf of the town for the sale of electricity and energy facilities with such parties and upon such terms and conditions as the board of selectmen determines to be in the best interests of the town of Falmouth.
SECTION 4. The town of Falmouth shall procure the services required for the design, installation, improvement, repair and operation of the wind energy facilities authorized in this act and any equipment necessary in connection therewith, in accordance with the procurement requirements of chapter 30B of the General Laws. The town of Falmouth may procure such services and equipment together as 1 procurement or as separate procurements thereunder.
SECTION 5. The town of Falmouth may establish an enterprise fund pursuant to section 53F1/2 of chapter 44 of the General Laws for the receipt of all revenues from the operation of the wind energy facilities authorized in this act and from any other renewable energy-producing facilities which the town is authorized to operate and all moneys received for the benefit of the wind energy facilities and any other renewable energy facilities, other than the proceeds of bonds or notes issued therefor. Such receipts shall be used to pay the costs of operation and maintenance of the wind energy facilities and any such other renewable energy facilities, to pay the 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 November 29, 2007.