LegalFix

Section 12 - Siting Agreements; Contents

MA Gen L ch 21d § 12 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Section 12. No facility shall be constructed, maintained or operated unless a siting agreement shall have been established by the developer and the local assessment committee of a host community pursuant to sections twelve and thirteen and said agreement has been declared to be operative and in full force and effect by the council. After said declaration by the council, a siting agreement shall be a nonassignable contract binding upon the developer and the host community, and enforceable against the parties in any court of competent jurisdiction.

The siting agreement shall specify the terms, conditions and provisions under which the facility shall be constructed, maintained and operated if the developer chooses to construct, maintain and operate a facility on said site, including, but not limited to the following terms, conditions and provisions:

(1) facility construction and maintenance procedures;

(2) operating procedures and practices, the design of the facility and its associated activities;

(3) monitoring procedures, practices and standards necessary to assure and continue to demonstrate that the facility will be operated safely;

(4) the services to be provided the developer by the host community;

(5) the compensation, services, and special benefits that will be provided to the host community by the developer, and the timing and conditions of their provision;

(6) the services and benefits to be provided to the host community by agencies of state government, and the timing and condition of their provision;

(7) any provisions for tax prepayments or accelerated payments, or for payments in lieu of taxes;

(8) provisions for renegotiation of any of the term, conditions of provisions of the siting agreement, or of the entire agreement;

(9) provisions for resolving any disagreements in the construction and interpretation of the siting agreement that may arise between the parties; and

(10) appendices of the compensation to be paid abutting communities established pursuant to the provisions of section fourteen.

The siting agreement may also include, but shall not be limited to, the following:

(1) provisions for direct monetary payments from the developer to the host community in addition to payments for taxes and special services and compensation for demonstrable adverse impacts;

(2) provisions to assure the health, safety, comfort, convenience, and social and economic security of the host community and its citizens;

(3) provisions to assure the continuing economic viability of the project; and

(4) provisions to assure the protection of the environment and natural resources.

Any financial benefits received by host communities or abutting communities, other than taxes on real or personal property, shall not be deducted from any amounts of state assistance, reimbursements or distributions provided by general and special laws or under the Local Aid Fund.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 12 - Siting Agreements; Contents