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The 190th General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO MUNICIPALITY REIMBURSEMENT

     Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for municipality reimbursement, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

     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 department of energy resources shall expend not more than $3,000,000 from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws for reimbursements to municipalities in which the property tax receipts from an electric generating station, including payments in lieu of taxes and other compensation specified in an agreement between a municipality and an affected property owner, are reduced due to a reduction in capacity factor, occurring after July 1, 2012 at a dual coal and oil-fired facility, of at least 50 per cent from the average capacity factor of the previous 10 years; provided, however, that the action shall also reduce the commonwealth’s greenhouse gas emissions from the electric generator sector pursuant to the goals established under chapter 21N of the General Laws; provided further, that the reimbursement amount shall be determined by calculating the difference between: (i) the amount of the tax receipts, including payments in lieu of taxes or other compensation, paid by the electric generating station in the current tax year; and (ii) the amount of the tax receipts, including payments in lieu of taxes or other compensation, paid by the electric generating station in the tax year prior to the full or partial decommissioning or other change in operating status of the facility; provided further, that a reimbursement shall not be made if, in a tax year, the aggregate amount paid to a municipality by the owner of an electric generating station including, but not limited to, payments in lieu of taxes and other compensation, exceeds the aggregate amount paid to that municipality by that owner in the year prior to the full or partial decommissioning or other change in operating status of the electric generating station; and provided further, that not later than December 31, 2016, a municipality in which the property tax receipts from an electric generating station are reduced due to a reduction in capacity factor shall submit a report to the senate and house chairs of the joint committee on telecommunications, utilities and energy detailing the need for these reimbursements and the impact on the municipality of receiving or not receiving them. Payments from the RGGI Auction Trust Fund shall be prioritized so that the first payments from the fund shall be made to municipalities under this section; provided, however, that a payment shall not be made to a municipality that has failed to comply, by the date specified, with the last clause of the preceding sentence.
     SECTION 1A.  Item 2330-0100 of section 2 of chapter 133 of the acts of 2016 is hereby amended by inserting after the words “the town of Falmouth”, the following words:- ; provided further, that not less than $30,000 shall be expended for the planning necessary to redevelop and maximize the functionality of the University of Massachusetts Marine Station at Hodgkins cove in the city of Gloucester; provided further, that funds expended from this item shall be matched by funds from the federal government or another source.
     SECTION 1B.  Item 8000-0600 of section 2 of said chapter 133 of the acts of 2016 is hereby amended by inserting after the words “health unit” the following words:- ; provided further, that not less than $50,000 shall be expended to the town of Pembroke for public safety improvements.
     SECTION 2.  This act shall take effect as of July 1, 2016.

Approved, July 25, 2016.