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Session Law

2008

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Chapter 352 AN ACT AUTHORIZING THE TOWN OF KINGSTON TO INSTALL, FINANCE AND OPERATE WIND 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 Kingston may design and install wind energy facilities at its wastewater treatment facility on Cranberry road in the town, and other such sites as approved by the town, to prepare and improve such sites, acquire all equipment necessary for the wind energy facilities, to make improvements and extraordinary repairs to the facilities, and pay all other costs incidental and related thereto.

SECTION 2. The town of Kingston 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 authorized pursuant to section 1. Notwithstanding any provisions of chapter 44 of the General Laws to the contrary, the maturities of any such bonds issued by the town of Kingston hereunder 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 practical in the opinion of the town 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 anticipated date of commencement of regular operation of the wind energy facilities financed thereby, as determined by the town 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 town under section 10 of said chapter 44 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 Kingston may operate any wind 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 wind energy at such facilities or from its generation of any type of renewable energy at any renewable energy facility which the town is authorized by law to operate, including electronic certificates created to represent the generation attributes as defined under 225 CMR 14.02, of each megawatt hour of energy generated by the wind energy facilities or any such other renewable energy producing facilities. The board of selectmen of the town of Kingston may enter into contracts on behalf of the town of Kingston 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 Kingston.

SECTION 4. The town of Kingston shall procure any services required for the design, installation, improvement, repair and operation of the wind 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. The town of Kingston may procure any such services and equipment together as a single procurement or as separate procurements thereunder.

SECTION 5. There shall be established in the town of Kingston a wind facilities enterprise fund, to which the provisions of section 53F½ of chapter 44 of the General Laws shall apply, except as provided herein, for the receipt of all revenues from the operation of the wind energy facilities authorized pursuant to this act and from any other renewable energy producing facilities which the town is authorized by law to operate and all moneys received for the benefit of the wind energy facilities and any such other renewable energy facilities, other than the proceeds of bonds or notes issued therefor. Such receipts shall be used to pay costs of operation and maintenance of the wind energy facilities and any such other renewable energy facilities, to pay costs of future repairs, extensions, reconstruction, enlargements, additions and improvements thereto, and to pay the principal and interest on any bonds or notes issued therefor. The board of selectmen shall be the appropriate local entity for purposes of estimating the income and proposing a line-item budget for the enterprise. This budget may include amounts to be appropriated to a capital reserve fund to be established within the enterprise fund which may be expended for capital purposes of the enterprise, including the costs of extraordinary repairs, extensions, reconstruction, enlargements and additions to the wind energy facilities. Funds appropriated to the capital reserve fund may accumulate from year to year, subject to appropriation by the town. Any funds remaining in the enterprise fund, at the end of each fiscal year in excess of the amounts required to meet the obligations of the fund, other than amounts in the capital reserve fund, and which would otherwise be treated as surplus revenue pursuant to section 53F½ of chapter 44 of the General Laws, shall be returned to the general fund of the town, without any further action of the town, and shall be available for appropriation for any municipal purpose.

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

Approved October 8, 2008


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