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2007 MA State Law Authorizes Falmouth to Operate Wind Turbines
State law specifically authorized the town to install and operate wind turbines
AN ACT AUTHORIZING THE TOWN OF FALMOUTH TO INSTALL, FINANCE AND OPERATE WIND ENERGY FACILITIES.
Approved November 29, 2007.
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.
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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. (see link at top for entire text)
