PETITION OF:

SECTION 1. Notwithstanding any general or special law to the contrary, the Town of Falmouth is hereby authorized to design and install wind energy facilities at its wastewater treatment facility at Blacksmith Shop Road in said Falmouth, to prepare and improve said site, to acquire all equipment necessary for said wind energy facilities, to make improvements and extraordinary repairs to said facilities, and to pay all other costs incidental and related thereto.

Section 2. The Town of Falmouth is hereby authorized to 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 pursuant to section I of this act. Notwithstanding any provisions of chapter 44 of the General Laws to the contrary, the maturities of any such bonds issued by the Town of Falmouth hereunder either shall be arranged so that for each issue 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 practical in the opinion of the town treasurer, or shall be arranged 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 five years from the estimated date of commencement of regular operation of the wind energy facilities financed thereby, as determined by the town treasurer and 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 said chapter 44 but, except as otherwise provided herein, shall be subject to the provisions of said chapter 44.

Section 3. Notwithstanding any general or special law to the contrary, the Town of Falmouth is hereby authorized to operate any wind energy facilities installed pursuant to section 1 of this act, to sell any electricity generated from such facilities and to sell any other marketable products resulting from its generation of wind energy at such facilities or from its generation of any type of renewable energy at any renewable energy facility which the town is authorized by law to operate including electronic certificates created to represent the “generation attributes” (as such term is defined under 225 CMR 14.02) of each megawatt hour of energy generated by the wind energy facilities or any such other renewable energy producing facilities. The Board of Selectmen of the Town of Falmouth may enter into one or more contracts on behalf of the Town of Falmouth for the sale of electricity and energy facilities with such parties and upon such terms and conditions as the Board of Selectmen determine to be in the best interests of the Town of Falmouth.

Section 4. The Town of Falmouth shall procure any services required for the design, installation, improvement, repair and operation of the wind energy facilities authorized pursuant to this act, and the acquisition of any equipment necessary in connection therewith, in accordance with the procurement requirements of chapter 30B of the General Laws, and the Town of Falmouth may procure any such services and equipment together as one procurement or as separate procurements thereunder.

Section 5. The Town of Falmouth is hereby authorized to establish an enterprise fund pursuant to section 53F1/2 of chapter 44 of the General Laws for the receipt of all revenues from the operation of the wind energy facilities authorized pursuant to this act and from any other renewable energy producing facilities which the Town is authorized by law to operate and all moneys received for the benefit of the wind energy facilities and any such other renewable energy facilities, other than the proceeds of bonds or notes issued therefore. Such receipts are to be used to pay costs of operation and maintenance of the wind energy facilities and any such other renewable energy facilities, to pay costs of future improvements and repairs thereto, and to pay the principals and interest on any bonds or notes issued therefore.

Section 6. This act shall take effect upon its passage.