By Representative O'Flaherty of Chelsea and Senator Barrios, joint petition (accompanied by bill, 3342) of Eugene L. O'Flaherty and others for legislation to regulate the location for the construction of energy generating facilities. Telecommunications, Utilities and Energy.

The Commonwealth of Massachusetts

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PETITION OF:

Eugene L. O'Flaherty

Jarrett T. Barrios

Stephen Stat Smith

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In the Year Two Thousand and Seven.

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An Act relative to energy facilities.

    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.  No energy facility or power plant shall be located in an area which is less than one-half mile in linear distance from a playground, school, area of critical environmental concern as determined by the secretary of environmental affairs pursuant to 301 CMR 12.00, or area occupied by residential housing in the city of Chelsea.  Said linear distance shall be measured from the outermost perimeter of such facility to the outermost point of the aforementioned zones; provided, however that any such facility in operation on January 1, 2007 shall not be subject to the provisions of this act.