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Summary

SECTION 1 of the act inserts a new chapter 164B into the General Laws and establishes a Massachusetts Power Authority, a body corporate and politic with seven members appointed by the Governor to staggered six year terms. The Authority is to establish and operate a bulk power supply system to supply wholesale electric power to utilities throughout the Commonwealth. The primary purpose of the Authority is to supply the Commonwealth with power with the minimum adverse impact on the environment. The Authority is also authorized to engage in research and development of new sources of power, new siting techniques, and methods of environmental protection.

In carrying out its responsibilities, the Authority is authorized to adopt by-laws; adopt an official seal; maintain offices; sue and be sued; construct or acquire facilities either within or without the Commonwealth; issue revenue bonds and borrow money in anticipation of issuance of revenue bonds; acquire real and personal property; employ professional, managerial and other employees deemed necessary and fix their compensation to be paid solely out of revenues of the Authority; appear before other government agencies; apply for and receive federal or other grants of funds; and enter into contracts and agreements.

The Authority will build and operate all new generating and transmission facilities in the Commonwealth and has the option to purchase existing facilities through negotiation, condemnation, or eminent domain. After an initial two-year period, no other utility may construct a new facility unless the Authority certifies that it lacks the capability to finance the facility and the facility would further the purposes of the act.

The Authority will finance its activities by issuing revenue bonds. The bonds will be exempt from state taxation, but will not be backed by the full faith and credit of the Commonwealth. Power will be sold tc other utilities by contract but no special discounts of bonuses to promote the increased use of power may be given. Public hearings are required on all major contracts.

The Authority is required to develop a master, 20-year demand study and siting plan within 18 months of its incorporation, to be updated each succeeding year. Cities will be selected in accordance with the Electric Power Facilities Siting Council Act of 1973. The Governor and the community in which any facility is to be located must affirmatively approve the facility before it can be constructed.

The Authority will be subject to all applicable federal and state environmental standards and must obtain all necessary federal and state permits and complete all necessary environmental impact statements.

The Authority will be exempt from taxation but will make payments in lieu of taxes to cities and towns in an amount equal to the tax which would be paid of the Authority's real and personal property were owned by a private electric utility company.

The Authority is forbidden from engaging in promotional or image advertising. The Authority has the authority to bargin collectively with its employees and is subject to the provisions of Chapter 150 of the General Laws, which governs the conciliation and arbitration of industrial disputes. Employees of the Authority are not subject to the civil service laws and rules. Employees of utilities displaced by the activities of the Authority have first preference in employment by the Authority.

SECTION 2 of the act amends section 43 of Chapter 164 of the General Laws to provide that if a city or town votes, in accordance with the provision of Chapter 164, to establish a municipal utility and acquire the facilities of the utility currently serving the community, and the utility refuses to sell its property to the city or town, that the Department of Public Utilities will establish a fair price for the facilities, and the utility will be required to accept the price determined by the department and tender the deed for the facilities to the city or town.

1976 Nov 2 :: State of Massachusetts :: Question 4 :: Initiative PetitionDo you approve of the adoption of an amendment to the constitution summarized below which was disapproved by the House of Representatives on May 5, 1975, by a vote of 179-46, and on which no vote was taken by the Senate before May 7, 1975?

View as: # | %  
Ward
Yes
No
Blank Votes Total Votes Cast Total Ballots Cast
Totals
 
6,165
22,132
3,607
28,297
31,904
Precinct 1
 
125
454
82
579
661
Precinct 2
 
89
402
80
491
571
Precinct 3
 
133
471
80
604
684
Precinct 4
 
156
531
82
687
769
Precinct 5
 
109
430
65
539
604
Precinct 1
 
37
212
72
249
321
Precinct 2
 
189
510
87
699
786
Precinct 3
 
107
275
56
382
438
Precinct 4
 
323
437
80
760
840
Precinct 5
 
234
526
95
760
855
Precinct 6
 
126
380
68
506
574
Precinct 1
 
163
667
134
830
964
Precinct 2
 
194
571
120
765
885
Precinct 3
 
176
591
99
767
866
Precinct 4
 
144
644
92
788
880
Precinct 5
 
152
491
82
643
725
Precinct 1
 
159
671
105
830
935
Precinct 2
 
97
473
116
570
686
Precinct 3
 
192
681
85
873
958
Precinct 4
 
197
738
106
935
1,041
Precinct 5
 
153
675
146
828
974
Precinct 6
 
160
710
108
870
978
Precinct 1
 
120
585
100
705
805
Precinct 2
 
174
570
79
744
823
Precinct 3
 
178
594
67
772
839
Precinct 4
 
138
703
70
841
911
Precinct 5
 
139
518
93
657
750
Precinct 6
 
148
639
86
787
873
Precinct 1
 
150
689
95
839
934
Precinct 2
 
210
675
97
885
982
Precinct 3
 
211
555
91
766
857
Precinct 4
 
147
636
81
783
864
Precinct 5
 
143
502
72
645
717
Precinct 1
 
200
701
103
901
1,004
Precinct 2
 
197
654
100
851
951
Precinct 3
 
189
768
94
957
1,051
Precinct 4
 
242
1,010
226
1,252
1,478
Precinct 5
 
164
793
113
957
1,070
Totals
 
6,165
22,132
3,607
28,297
31,904