AN ACT AUTHORIZING THE NAUSET REGIONAL SCHOOL DISTRICT TO ENTER INTO RENEWABLE ENERGY AGREEMENTS
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize the Nauset regional school district to enter into renewable energy agreements, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
(a) As used in this act, the following words shall have the following meanings unless the context clearly requires otherwise:-
“District”, the Nauset regional school district, duly organized pursuant to chapter 71 of the General Laws.
“School”, the Nauset regional middle school, acquired by the district pursuant to Barnstable land court transfer certificate of title number 23,663 and Barnstable land court document number 60,828, which are recorded in the Barnstable registry of deeds.
“Power purchase agreement”, an agreement with a renewable energy developer under section 137 of chapter 164 of the General Laws under which an energy generating facility is constructed on property owned by the district, the electric energy produced by the facility is sold to the district, and the value of the lease has been included in setting the price of electricity to be paid by the district under the agreement.
(b) Notwithstanding any general or special law to the contrary, the district may lease, license, grant easements or enter into other agreements for a term, including any extensions, not to exceed 30 years for certain lands and any buildings and other appurtenances located thereon at the schools on properties owned by the district in the towns of Orleans or Eastham for the purpose of: (i) renewable energy as defined in subsection (c) of section 11F of chapter 25A of the General Laws; and (ii) energy storage systems, as defined in section 1 of chapter 164 of the General Laws.
(c) The location and boundaries of any of the parcels to be leased, with the exception of building rooftops, shall be determined by the district based upon a survey by a certified engineer.
(d) Any lease, license, easement or other agreement executed pursuant to this act shall be on terms, conditions and consideration acceptable to the district.
(e) In any circumstance where the lease, license, easement or other agreement authorized by this act is not part of a purchase power agreement:
(i) at the option of the district, the lessee shall be responsible for and shall maintain an escrow fund for all costs and expenses related to the negotiation and implementation of such lease, license, easement or other agreement, including, but not limited to, costs associated with any engineering, surveys, appraisals and lease preparation as such costs may be determined by the district;
(ii) the district may establish a receipts reserved for appropriation account for any revenue generated from such lease, license, easement or other agreement; provided, however, that the account shall be for the general appropriations of the district;
(iii) annually, a report shall be filed with the school committee detailing the finances of the receipts reserved account and the annual report shall include: (A) the current balance in the fund; (B) any money deposited into the fund; and (C) expenditures from the fund; provided, however, that the school committee shall accept the report of the fund; and
(iv) all financial records of the lessee relating to the operation of the solar generation unit, including, but not limited to, net metering data shall be made available for inspection by the offices of the state auditor, the attorney general and the inspector general upon request.
(f) Any lease, easement or agreement authorized by this act that is not a power purchase agreement as defined herein, shall be subject to applicable law related to the disposition of real property or the procurement of energy facilities including, but not limited to, section 16 of chapter 30B of the General Laws and sections 11C and 11I of chapter 25A of the General Laws.
Approved, October 23, 2020.