HOUSE . .
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. . No. 5018
The
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In the Year Two Thousand and Eight.
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An Act Relative To Green Jobs In The Commonwealth.
Whereas, The deferred operation of this act would
tend to defeat its purpose, which is to promote forthwith job creation and
clean energy technology, therefore it is hereby declared an emergency law,
necessary for the immediate preservation of the public convenience.
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. Chapter 10 of the General laws is hereby amended by striking
out section 35FF, inserted by section 10 of chapter 140 of the acts of 2007, and
inserting in place thereof the following section:-
Section 35FF. (a) There is hereby established and
placed within the Massachusetts clean energy technology center established in
section 2 of chapter 23J, hereinafter referred to as the center, a fund to be
known as the Massachusetts Alternative and Clean Energy Investment Trust Fund,
hereinafter referred to as the fund, to be held by the center separate and
apart from its other funds, to finance the activities of the center. The
fund shall be credited any appropriations, bond proceeds or other monies
authorized by the general court and specifically designated to be credited
thereto, such additional funds as are subject to the direction and control of
the center, any pension funds, federal grants or loans, royalties, equity
ownership in public or private companies or private investment capital which
may properly be applied in furtherance of the objectives of the fund, any
proceeds from the sale of qualified investments secured or held by the fund,
any fees and charges imposed relative to the making of qualified investments,
as the same shall be defined by the center, secured or held by the fund, and
any other monies which may be available to the center for the purposes of the
fund from any other source or sources. Any revenues, deposits, receipts or
funds received through the receipt of royalties, dividends, equity ownership in
public or private companies or the sale of equity instruments, inclusive, shall
be deposited in the fund and shall be available expressly to the center without
further appropriation.
(b) The center shall, in consultation with the advisory committee
established in subsection (d) and the secretary of administration and finance,
invest and reinvest the fund and the income thereof, except as hereinafter
provided, only as follows: (1) in the making of qualified investments approved
by the board established in subsection (b) of section 2 of chapter 23J,
pursuant to rules approved by said board; (2) in defraying the ordinary and
necessary expenses of administration and operation associated with the center;
provided, however, that said administrative and operational expenses shall not
exceed 15 per cent of the total assets of the fund in any 1 fiscal year; (3) in
the investment of any funds not required for immediate disbursement in the
purchase of such securities as may be lawful investments for fiduciaries in the
commonwealth; (4) for the payment of binding obligations associated with such
qualified investments which are secured by the fund as the same become payable;
and (5) for the payment of principal or interest on
qualified investments secured by the fund or the payment of any
redemption premium required to be paid when such qualified investments are
redeemed prior to maturity.
(c) The fund shall be held and applied by the center,
subject to the approval of the board, and in consultation with said advisory
committee to make qualified investments designed to advance the following
public purposes in the commonwealth: (1) to stimulate increased financing for
the expansion of state-of-the-art clean energy research and development
facilities by leveraging private financing and providing financing related
thereto including, without limitation, financing for the construction or
expansion of such facilities; (2) to provide matching grants to state
educational institutions to develop a curriculum relative to clean energy and
clean energy technology; (3) to make targeted investments in clean energy
research and to promote manufacturing activities for new or existing advanced
clean energy technologies; (4) to make matching grants to universities,
colleges, public instrumentalities, companies and other entities to induce the
federal government, industry and other grant-funding sources to fund the expansion
of research and development in clean energy; (5) to provide bridge financing to
universities, colleges, public instrumentalities, companies and other entities
in anticipation of the receipt of grants of the type described in clause (4)
awarded or to be awarded by the federal government, industry or other sources;
(6) to promote programs and investments that lead to pathways towards economic
self-sufficiency for low and moderate income communities in the clean energy
industry, provided that said programs place priority on investments that serve
individuals in families with incomes that do not exceed 300 per cent of the
federal poverty level, as determined by the United States Census Bureau or a
self-sufficiency standard, as determined by the executive office of
administration and finance including, but is not limited to: the income needs
of families, family size, the number and ages of children in the family and
geographical considerations; and (7) to make any other expenditure provided by
this section.
The center shall not make a qualified investment under
clause (1) of subsection (b) unless: (i) said investment has been approved by a
majority vote of the board; and (ii) the center finds that, to the extent
possible, said qualified investment is such that a defined benefit to the
economy of the commonwealth may reasonably be expected therefrom; provided,
further, that in evaluating any request or application for funding, the center
shall consider whether: (1) the proposed project fulfills the public purposes
of the center; (2) the project has significant potential to expand clean
energy related employment in the commonwealth; (3) the project has the potential to enhance technological
advancements in clean energy; (4) the project has the potential to result in
the development of advancements in environmental protection and reduce the cost
of energy; (5) the project has the potential to leverage additional funding, or
to attract additional energy resources to the commonwealth; (6) the project has
the potential to stimulate clean energy manufacturing in the commonwealth; (7)
the project includes a plan to facilitate collaboration with state and local
workforce development programs; or (8) the program leads to pathways towards
economic self-sufficiency for low and moderate income communities in the clean
energy industry as outlined in clause (6) of subsection (c).
The center shall not make a qualified investment under said
clause (1) of said subsection (b) unless such qualified investment is in
conformity with rules adopted by the center and approved by the board. Said rules shall also set the terms and
conditions for investments which constitute qualified investments, which may
include, without limitation, loans, guarantees, loan insurance or reinsurance,
equity investments, equity ownership in public or private companies, grants
made pursuant to clause (4) of subsection (c) or other financing or credit
enhancing devices, as made by the center directly or on its own behalf or in
conjunction with other public instrumentalities, private institutions or the
federal government.
Said rules shall, also, set forth the terms, procedures,
standards and conditions which the center shall employ to identify qualified
applications, process applications, make investment determinations, safeguard
the fund, advance the objective of increasing employment opportunities for the
citizens of the commonwealth, oversee the progress of qualified investments and
secure the participation of other public instrumentalities, private institutions
or the federal government in such qualified investments; provided,
further, that said rules shall provide
for negotiated intellectual property agreements between the center and each
recipient of a qualified investment which shall include the terms and
conditions by which the fund’s support thereof could be reduced or withdrawn;
provided, further, that all revenues or financial interests of any kind
received by the center as a result of said intellectual property agreements
shall be placed, in their entirety, in the fund.
Copies of the approved rules, and any modifications thereto, shall be submitted annually to the clerks of the house of representatives and the senate, who shall forward the same to the chairs of the house and senate committees on ways and means, the chairs of the joint committee on economic development and emerging technologies, the chairs of the joint committee on telecommunication, utilities and energy and the joint committee on environment, natural resources and agriculture.
(d) There shall be an advisory committee to be appointed by
the governor consisting of 15 individuals with an interest and knowledge in
matters related to the general purpose and activities of the fund and with
expertise and experience in at least 1 of the following areas: clean energy
technology research, clean energy technology development, clean energy
investing, management of clean energy companies, making or advancing clean
energy policy, clean energy curriculum development or workforce training in the
field of clean energy or energy efficiency. The board shall consult with the advisory
committee in matters related to the fund and in the implementation of the
provisions of this section.
(e) Qualified investment transactions undertaken by the center pursuant to the provisions of this section shall not, except as specified in this act, be subject to chapter 175, and shall not constitute a debt or pledge of the faith and credit of the commonwealth, the center or any subdivision of the commonwealth and shall be payable solely from the Massachusetts Alternative and Clean Energy Investment Trust Fund.
All available moneys in the Massachusetts Alternative and Clean Energy Investment Trust Fund that are unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
SECTION 2.
The General Laws are hereby amended by inserting
after chapter 23I the following chapter:-
Chapter 23J
Section 1. As used in this
chapter the following words shall, unless the context clearly requires
otherwise, have the following meanings:—
“Board”, the board of directors of the
“Bonds”, when used in reference to the center, any bonds,
notes, debentures, interim certificates or other financial undertakings for the
purpose of raising capital, including, but not limited to: lines of credit,
forward purchase agreements, investment agreements and other banking or
financial arrangements, issued by or entered into by the center pursuant to
sections 2 and 3.
“Center”, the
“Clean energy”, advanced and applied technologies that
significantly reduce or eliminate the use of energy from non-renewable sources,
including but not limited to: energy efficiency, demand response, energy
conservation and those technologies powered in whole or in part by the sun,
wind, water, biomass, alcohol, wood, fuel cells, or any renewable, non-depletable
or recyclable fuel.
“Clean energy research”, advanced and applied research into
new clean energy technologies including: solar photovoltaic; solar thermal;
wind power; geothermal; wave and tidal energy; advanced hydropower; energy
storage for automotive applications; energy storage for grid applications;
biofuels, including ethanol, biodiesel, advanced biofuels; renewable,
biodegradable chemicals; advanced thermal-to-energy conversion; hydrogen;
carbon capture and sequestration; energy monitoring; green building materials;
energy-efficient lighting; gasification and conversion to liquids fuels;
industrial energy efficiency; demand side management; fuel cells; and other
technologies that the board considers applicable under the definitions herein. The following technologies or fuels shall not
be considered clean energy research: coal, oil, natural gas except when used in
fuel cells and nuclear power.
“Contribution agreement”, any agreement authorized under
this chapter in which a private entity or public entity other than the
commonwealth agrees to provide to the center contributions for the purpose of
promoting clean energy research.
“Federal agency”, any office, agency
division, department, board or commission of the
“Fund”, the Massachusetts Alternative and Clean Energy
Investment Trust Fund established in subsection (a) of section 35FF of chapter
10.
“Person”, any natural
or corporate person, including bodies politic and corporate, public
departments, offices, agencies, authorities and political subdivisions of the
commonwealth, corporations, trusts, societies, associations and partnerships
and subordinate instrumentalities of any 1 or more political subdivisions of
the commonwealth.
“Public body”, the commonwealth, and any body politic and
corporate of the commonwealth, including any political subdivision or
instrumentality thereof, which is empowered to issue bonds secured by a pledge
of revenues or other special funds or assets, including any municipality or district
for which the issuance of debt is governed or limited by the provisions of
chapter 44.
“Revenues”, any receipts, fees, rentals or other payments or
income received or to be received on account of obligations to the center
including, without limitation, equity ownership in public or private companies,
income on account of the leasing, mortgaging, sale or other disposition of a
project or proceeds of a loan made by the center in connection with any
project; and also including amounts in reserves or held in other funds or
accounts established in connection with the issuance of bonds and the proceeds
of any investments thereof, proceeds of foreclosure and any other fees, charges
or other income received or receivable by the center.
Section 2. (a) There is hereby established a body
politic and corporate to be known as the
The center is hereby placed in the executive office of energy and environmental affairs but shall not be subject to the supervision or control of said office, or of any board, bureau, department or other center of the commonwealth, except as specifically provided in this chapter.
The center shall promote and advance the state’s public
interests by: (i) acting as the state’s lead agency, in collaboration with the
Massachusetts Renewable Energy Trust Fund established in section 4E of chapter
40J, in the promotion and development of jobs in the clean energy sector; (ii) promoting
research and workforce training in clean energy technology at the commonwealth’s
public institutions of higher education, as defined in section 5 of chapter
15A, and vocational technical schools, as established in sections 14 and 15 of
chapter 71, chapter 74 or any vocational-technical school that meets the
programmatic requirements established by the department of education; (iii)
stimulating the creation and development of new clean energy ventures that will
form the foundation of a strong Massachusetts clean energy industry sector or
cluster; (iv) providing support to existing clean energy companies to expand
their operations within the commonwealth; (v) attracting new capital and
research facilities from institutions outside the commonwealth; (vi) fostering collaboration between
industry, state government, research universities and the financial sector in
order to advance clean energy technology commercialization and venture
development; (vii) conducting market research to identify barriers to creating
and expanding a clean technology industry, including job training needs; (viii)
supporting demonstration projects that are evaluated by independent, third
party peer research institutions; (ix) serving as the clearinghouse for
information related to the clean energy industry in Massachusetts; (x)
promoting programs and investments that lead to pathways towards economic self
sufficiency for low and moderate income individuals and communities in the
clean energy industry; and (xi) performing any other actions necessary to
effectuate the state’s public interests.
(b) The center shall be governed and its corporate powers
exercised by a board of directors consisting of 13 directors: 1 of whom shall
be the secretary of energy and environmental affairs or his designee; 1 of whom
shall be the secretary of housing and economic development or his designee; 1
of whom shall be the secretary of labor and workforce development or his
designee; 1 of whom shall be the president of the University of Massachusetts
or his designee; 1 of whom shall be a chair of the New England Clean Energy
Council; 1 of whom shall be the chair of the Massachusetts Renewable Energy
Trust; 1 of whom shall be the executive director of the Massachusetts Workforce
Alliance; and 6 of whom shall be appointed by the governor, 2 of whom shall be
presidents of private colleges or universities in the commonwealth or their
designees, 1 of whom shall be an engineer or scientist with expertise in clean
energy technology, 1 of whom shall be a venture capitalist with expertise in
clean energy technologies in the commonwealth, 1 of whom shall be the president
of a Massachusetts community college or his designee, and 1 of whom shall be a
chief executive officer of a Massachusetts-based clean energy corporation. Each of the 6 directors appointed by the
governor shall serve for a term of 5 years, except that in making his initial
appointments, the governor shall appoint 1 director to serve for a term of 1
year, 1 director to serve for a term of 2 years, 1 director for a term of 3
years, 1 director for a term of 4 years, and 2 directors for a term of 5
years. The secretary of energy and
environmental affairs or his designee shall serve as chairperson. Any director shall be eligible for
reappointment. Any director may be removed from his appointment by the
governor for cause. Any person appointed
to fill a vacancy in the office of an appointed director of the board shall be
appointed in a like matter and shall serve for only the unexpired term of such
director.
(c) Five directors shall constitute a quorum and the
affirmative vote of a majority of directors present at a duly called meeting
where a quorum is present shall be necessary for any action to be taken by the
board. Any action required or permitted to be taken at a meeting of the
directors may be taken without a meeting if all of the directors
consent in writing to such action and such written consents are filed with the
records of the minutes of the meeting of the board. Such consents shall be
treated for all purposes as a vote at a meeting.
The directors of the board shall serve without compensation,
but each director shall be entitled to reimbursement for his actual and
necessary expenses incurred in the performance of his official duties.
(d) Chapter 268A shall apply to all directors.
(e) The board shall have the power to appoint and
employ an executive director, and to fix his compensation and conditions of
employment. The executive director shall have a full range of previous
experience in the clean energy industry, including previous executive
experience within the clean energy industry. The executive director shall be
the chief executive, administrative and operational officer of the center and
shall direct and supervise administrative affairs and the general management of
the center. The executive director may, subject to the general
supervision of the board, employ other employees, consultants, agents,
including legal counsel and advisors, and shall attend meetings of the
board.
(f) The board shall elect a secretary and a
treasurer. The secretary shall keep a record of the proceedings of the
board and shall be the custodian of all books, documents and papers filed by
the board and of its minute book and seal. The secretary shall cause
copies to be made of all minutes and other records and documents of the center
and shall certify that such copies are true copies, and all persons dealing
with the center may rely upon such certification. The treasurer shall be
the chief financial and accounting officer of the center and shall be in charge
of its funds, books of account and accounting records. The books and records of the center shall be
subject to a biennial audit by the auditor of the commonwealth.
(g) All officers and employees of the center having
access to its cash or negotiable securities shall give bond to the center, at
its expense, in such amounts and with such surety as the board may
prescribe. The persons required to give bond may be included in 1 or more
blanket or scheduled bonds.
(h) The board of directors and officers who are not
compensated employees of the center shall not be liable to the commonwealth, to
the center or to any other person as a result of their activities, whether
ministerial or discretionary, as such directors or officers except for willful
dishonesty or intentional violations of law. Neither members of the center
nor any person executing bonds or policies of insurance shall be liable
personally thereon or be subject to any personal liability or accountability by
reason of the issuance thereof. The board of directors may purchase liability
insurance for board members, officers and employees and may indemnify said
persons against claims by others.
(i) The center shall continue as long as it shall have
bonds or insurance or guarantee commitments outstanding and until its existence
is terminated by law. Upon the termination of the existence of the center,
all right, title and interest in and to all of its assets and all of its
obligations, duties, covenants, agreements and obligations shall vest in and be
possessed, performed and assumed by the commonwealth.
(j) Any action of the center may take effect
immediately and need not be published or posted unless otherwise provided by
law. Meetings of the board shall be subject to section 11A 1/2 of chapter
30A; but, said section 11A 1/2 shall not apply to any meeting of members of the
center serving ex officio in the exercise of their duties as officers of the
commonwealth so long as no matters relating to the official business of the
center are discussed and decided at the meeting. The center shall be subject
to all other provisions of said chapter 30A, and records pertaining to the
administration of the center shall be subject to section 42 of chapter 30 and
section 10 of chapter 66. All moneys of the center shall be considered to
be public funds for purposes of chapter 12A. The operations of the center
shall be subject to chapters 268A and 268B and all other operational or
administrative standards or requirements to the same extent as the office of
state treasurer.
(k) Any documentary materials or data whatsoever made
or received by any member or employee of the center and consisting of, or to
the extent that such materials or data consist of, trade secrets or commercial
or financial information regarding the operation of any business conducted by
an applicant for any form of assistance which the center is empowered to render
or regarding the competitive position of such applicant in a particular field
of endeavor, shall not be deemed public records of the center and specifically
shall not be subject to the provisions of section 10 of chapter 66. Any
discussion or consideration of such trade secrets or commercial or financial
information may be held by the board in executive sessions closed to the
public, notwithstanding the provisions of section 11A 1/2 of chapter 30A, but
the purpose of any such executive session shall be set forth in the official
minutes of the center and no business which is not directly related to such
purpose shall be transacted nor shall any vote be taken during such executive
session.
Section 3. (a) The center
shall have all powers necessary or convenient to carry out and effectuate its
purposes, including, without limiting the generality of the foregoing, the
powers:-
(1) to adopt and amend
by-laws, regulations and procedures for the governance of its affairs and the
conduct of its business without regard to chapter 30A;
(2) to establish standards requiring that any grant,
loan or other appropriation of funds pursuant to this chapter be subject to an
intellectual property agreement between the center and the recipient person;
provided, said intellectual property agreements balance the opportunity for the
commonwealth to benefit from the patents, royalties, equity ownership in public
and private companies and licenses with the need to ensure that essential clean
energy research is not unreasonably hindered by the intellectual property
agreements; and provided, further, that all revenues or financial interests of
any kind received by the center as a result of said intellectual property
agreements shall be placed, in their entirety, in the fund.
(3) to adopt an official seal;
(4) to maintain offices at
places within the commonwealth as it may determine and to conduct meetings of
the center in accordance with the by-laws of the center and the second
paragraph of section 59 of chapter 156B;
(5) to sue and be sued, to prosecute and defend actions
relating to its properties and affairs and to be liable in tort in the same
manner as a private person; provided, however, that the center is not
authorized to become a debtor under the United States Bankruptcy Code;
(6) to appoint officers and
employees and to engage consultants, agents and advisors;
(7) to enter into contracts and agreements and execute
all instruments necessary or convenient thereto for accomplishing the purposes
of this chapter; such contracts and agreements may include, without limiting
the foregoing: construction agreements, purchase or acquisition agreements,
loan or lease agreements, partnership agreements including limited partnership
agreements, joint ventures, participation agreements, service agreements with
clean energy entities, environmental, educational or other financial
institutions or intermediaries and agreements with 1 or more persons for the
servicing of loans made by the center, including the receipt by such servicer
of payments made by a user under a financing document. Any such payments
shall constitute trust funds to be held and applied solely as provided in such
agreement for the servicing of loans, shall constitute pledged funds of the
center and shall be entitled to the same protection when received by a person
for the servicing of loans, without the need for filing and recording of the
servicing agreement under the provisions of chapter 106 or otherwise, except in
the records of the center, as is afforded to funds received by an issuer and
pledged to a trustee under section 14 of chapter 40D;
(8) to acquire real and personal property, or any interest in real or
personal property, by gift, purchase, transfer, foreclosure, lease or otherwise
including rights or easements; to hold, sell, assign, lease, encumber, mortgage
or otherwise dispose of any real or personal property, or any interest therein,
or mortgage any interest owned by it or under its control, custody or in its
possession; to release or relinquish any right, title, claim, lien, interest,
easement or demand however acquired, including any equity or right of
redemption in property foreclosed by it; to take assignments of leases and
rentals, proceed with foreclosure actions, or take any other actions necessary
or incidental to the performance of its corporate purposes;
(9) to invest any funds held in reserves or sinking
funds, or the Massachusetts Alternative and Clean Energy Investment Trust Fund,
or any funds not required for immediate disbursement, in such investments as
may be provided in any financing document relating to the use of such funds,
or, if not so provided, as the board may determine;
(10) to review and recommend changes in laws, rules,
programs and policies of the commonwealth and its agencies and subdivisions to
further the enhancement of clean energy financing, infrastructure, siting,
manufacturing and development within the commonwealth;
(11) to appear in its own behalf before boards,
commissions, departments or other agencies of municipal, state or federal
government;
(12) to obtain insurance;
(13) to apply for and accept subventions, grants,
loans, advances and contributions from any source of money, property, labor or
other things of value, to be held, used and applied for its corporate purposes;
provided, however, that the center shall not accept funding from any source,
including any federal agency, if the receipt of said funding would limit the
center’s ability to promote its public purposes;
(14) to enter into agreements with public and private
entities that deal primarily with clean energy technologies, in order to
distribute and provide leveraging of monies or services for the purposes of
furthering research and development, aiding in the promotion of environmental
protection, creating jobs in clean energy and promoting overall economic growth
by fostering collaboration and investments in clean energy in the commonwealth;
(15) to provide and pay for
such advisory services and technical assistance as may be necessary or desired
to carry out the purposes of this chapter;
(16) to establish and collect such fees and charges as
the center without further appropriation shall determine to be reasonable, and
to receive and apply revenues from fees and charges to the purposes of the
center or allotment by the commonwealth or any political subdivision thereof;
(17) to make loans to any person for the acquisition,
construction, alteration or any combination thereof, or other financing of a
project including, but not limited to, loans to lending institutions under
terms and conditions requiring the proceeds of such loans to be used by such
lending institutions for the making of loans to users for qualified projects;
(18) to disburse, appropriate,
grant, loan or allocate funds for the purposes of investing in clean energy as
directed in this chapter;
(19) to provide assistance to local entities and
authorities, public bodies and private corporations for the purposes of
maximizing opportunities for expanding clean energy technologies, attracting
new clean energy entities and advanced technology investments, fostering new
innovative research and creating new manufacturing and development initiatives
in the commonwealth;
(20) to prepare, publish and distribute, with or
without charge, as the center may determine, such studies, reports and
bulletins and other material as the center deems appropriate;
(21) to exercise any other
powers of a corporation organized under chapter 156B;
(22) to engage accountants, architects, attorneys,
engineers, planners, real estate experts and other consultants as may be
necessary in its judgment to carry out the purposes of this act and fix their
compensation;
(23) to take any actions necessary
or convenient to the exercise of any power or the discharge of any duty
provided for by this chapter;
(24) enter into agreements or other transactions with
any person, including without limitation any public entity or other
governmental instrumentality or agency in connection with its powers and duties
under this chapter;
(25) to make qualified investments
to ensure the success of clean energy industry clusters;
(26) to institute and administer the Massachusetts
Alternative and Clean Energy Investment Trust Fund, established by section 35FF
of chapter 10 for the purposes of making appropriations, allocations, grants or
loans to leverage development and investments in clean energy research,
workforce training and job creation; provided, further, that the center
shall implement an application and grant process for these purposes;
(27) to promote programs and
investments that lead to pathways towards economic self sufficiency for low and
moderate income individuals and communities in the clean energy industry.
(28) to research and establish if the center so
chooses, the Massachusetts Hydrogen and
Fuel Cell Institute, to be housed at the Worcester Polytechnic Institute, and
serve as a joint venture among institutes of higher education in the commonwealth
providing a focal point for research, education and commercialization
activities in the hydrogen fuel cell sector; provided, however, that said
institute responsibilities would include, but not be limited to: (1) working
with the University of Massachusetts and private higher education institutions
in the commonwealth to coordinate and strengthen hydrogen and fuel cell
research activities in the commonwealth; (2) strengthening collaborative
research and development between universities and companies located within the
commonwealth; (3) addressing critical technological barriers facing the
hydrogen and fuel cell companies; (4) strengthening existing educational
programs and introducing new curricula in Massachusetts universities to produce
graduates conversant in hydrogen and fuel cell technologies; and (5) promoting
partnerships between Massachusetts universities and companies to jointly
demonstrate hydrogen and fuel cell technologies and attract greater amounts of
federal funding to the commonwealth;
(29) to allocate, if the center so chooses, up to $2 million
annually for 5 years for the Massachusetts Hydrogen and Fuel Cell Institute;
said funding shall begin in the fiscal year that said institute is established
and end in the fifth fiscal year following the establishment of said institute;
and
(30) to establish, if the center so
chooses, a program to be known as the entrepreneurial fellowship program. Said entrepreneurial fellowship program shall
award grants to entrepreneurs from business sectors other than clean energy
sectors to enroll in programs to foster knowledge and expertise of clean energy
technology. The clean energy technology
programs shall be based upon intensive technology, market and policy curriculum. The center shall establish public-private
partnerships and enter into contribution agreements with commonwealth based
companies and venture capitalists to support programs designed to mentor and
train entrepreneurs from other business sectors in the areas of clean energy
technology and development in order to increase investment in the
commonwealth’s clean energy sector.
Section 4. (a) The
exercise of the powers granted by this chapter shall be in all respects for the
benefit of the people of the commonwealth and for the improvement of their
health and living conditions. The operation of the center shall constitute the
performance of essential governmental functions and the center shall not be
required to pay any taxes or assessments, except as otherwise provided by this
chapter and the notes or bonds issued under this chapter, their transfer and
the income therefrom, including any profit made on the sale thereof, at all
times shall be free from taxation by and within the commonwealth.
(b) The lands and tangible personal property of the
center shall be deemed to be public property used for essential public and
governmental purposes and shall be exempt from taxation and from betterments
and special assessments.
Section 5. The center shall annually submit a report setting forth relative to its operations, its receipts and expenditures during such fiscal year and its assets and liabilities during the fiscal year to the governor, the secretary of administration and finance, the comptroller and the clerks of the house of representatives and senate, who shall forward the same to the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on telecommunications, utilities and energy and the joint committee on environment, natural resources and agriculture annually on or before June 1.
Section 6. Based on recommendations included in the clean energy study, the center shall, within 100 days of said study’s completion, develop a statewide plan for the installation and operation of renewable energy generating facilities on real property owned by the commonwealth. Any renewable energy generating facility sited on state land shall be made available for state and local workforce development and training initiatives.
Section 7. There is hereby
established and placed within the center a program to be known as the clean
energy seed grant program. Said program
shall award grants to clean energy researchers, companies, non profit
organizations, community based organizations and institutions. The center shall establish public-private
partnerships with commonwealth based investors, entrepreneurs and institutions
that are involved in the clean energy industry for the purposes of facilitating
matching grants for recipients of funding from the center.
Section 8. There is hereby established and placed within the center an initiative to be known as the green jobs initiative. Said initiative shall award grants to the commonwealth’s public institutions of higher education as defined in section 5 of chapter 15A, and vocational technical schools, as established in sections 14 and 15 of chapter 71, chapter 74 or any vocational-technical school that meets the programmatic requirements established by the department of education, to facilitate workforce development efforts and train and retain students in clean energy industries. The grants shall include matching grants to the commonwealth’s public institutions of higher education and vocational technical schools for the development of small-scale renewable energy generating sources, including, but not limited to: photovoltaic installations; wind energy; ocean thermal, wave, or tidal energy; fuel cells; landfill gas; natural flowing water and hydroelectric; low-emission advanced biomass power conversion technologies using such biomass fuels as wood, agricultural, or food wastes; biogas, biodiesel, or organic refuse-derived fuel; and geothermal energy. The center shall assist said public institutions of higher education and the commonwealth’s vocational technical schools in developing a curriculum for clean energy and energy efficiency, and shall assist students seeking employment in the clean energy sector.
SECTION 3.
Section 4B of chapter 40J of the General Laws, as appearing in the 2006
Official Edition, is hereby amended by striking out, in line 35 and 36, the
words “inducing firms” and inserting in place thereof the following words:- working in collaboration with the Massachusetts clean energy technology center established in section 2
of chapter 23J, the lead state agency for clean energy job creation, to induce
firms.
SECTION 4.
Said section 4B of said chapter 40J, as so appearing, is hereby further
amended by inserting after the word industries, in line 39, the following words:- , said
SECTION 5. Subsection (b) of section 4E of said chapter 40J, as so
appearing, is hereby amended by adding the following sentence:- The board shall consult with the Massachusetts
clean energy technology center established in section 2 of chapter 23J, the
lead state agency for clean energy job creation, prior to making any funds available to said renewable energy projects
and facilities for the purpose of clean energy job creation.
SECTION 6. Said section 4E of said chapter 40J, as
so appearing is hereby further amended by inserting after the word
“technologies”, in line 41, the following:- by
collaborating with the
SECTION 7. Subsection (d) of said section 4E of said chapter 40J,
as so appearing, is hereby amended by adding the following sentence:- In developing and revising said plan, the board shall
consult with the
SECTION 8. Subsection (a) of section 6A of said chapter 40J, as so
appearing, is hereby amended by inserting after the eighth sentence the
following sentence:- The governing board shall consult
with the Massachusetts clean energy technology center
established in section 2 of chapter 23J, the lead state agency for clean job
creation, to ensure a comprehensive and effective approach to clean energy
cluster growth and development.
SECTION 9. The state comptroller shall annually transfer from the Massachusetts Renewable Energy Trust Fund, established in said section 4E of chapter 40J of the General Laws, not less than $5,000,000 annually for deposit in the Massachusetts Alternative and Clean Energy Investment Trust Fund established in section 35FF of chapter 10. The secretary of energy and environmental affairs is hereby authorized to allocate up to 15 per cent of said $5,000,000 in fiscal year 2009 to defray the ordinary and necessary expenses of administration and operation associated with the center.
SECTION 10. The secretary of energy and environmental affairs is hereby authorized to allocate $1,000,000 in fiscal year 2009 from the Massachusetts Alternative and Clean Energy Investment Trust Fund for a seed grant program to be administered by the secretary or his designee. Said seed grant program shall award grants to clean energy companies, institutions or non-profit organizations.
A report detailing the expenditure of said $1,000,000 shall
be submitted on or before
SECTION 11. The secretary of energy and environmental affairs, in
consultation with the secretary of labor and workforce development, is hereby
authorized to allocate $1,000,000 in fiscal year 2009 from the Massachusetts
Alternative and Clean Energy Investment Trust Fund established by section 35FF
of chapter 10 of the General Laws for a workforce development grant program to
be administered by the secretary or his designee. Said program shall award grants to the
state’s higher education institutions, vocational technical schools, or
community-based organizations that have existing workforce development programs
in clean energy industry skills or the capacity to create such programs.
A report detailing the expenditure of said $1,000,000 shall
be submitted on or before
SECTION 12. The secretary of energy and environmental affairs is hereby authorized to allocate $100,000 in fiscal year 2009 from the Massachusetts Alternative and Clean Energy Investment Trust Fund established by section 35FF of chapter 10 of the General Laws to commission a study to investigate the clean energy sector in the commonwealth. The study shall include, but not be limited to, an examination of: (i) the future workforce needs of the commonwealth’s clean energy sector; (ii) the current growth rate of said sector, including the number of instate jobs and businesses; (iii) the current levels of private investment in said sector; (iv) real property owned by the commonwealth available and suited for the installation and operation of renewable energy generating facilities; (v) energy efficiency opportunities on real property owned by the commonwealth; and (vi) the future funding requirements of the center.
A copy of said study shall be submitted on or
before
SECTION 13. The secretary of energy and environmental affairs is hereby authorized to allocate $1,000,000 from the Massachusetts Alternative and Clean Energy Investment Trust Fund for an initiative to be known as the pathways out of poverty initiative. Said initiative shall be administered by the secretary or his designee. Under said initiative, the secretary shall award 5 competitive grants to clean energy companies, community-based non-profit organizations, educational institutions or labor organizations to enable said entities to carry out training programs associated with the clean energy industry that lead to economic self sufficiency. The center shall give funding priority to entities that serve individuals in families with incomes that do not exceed 300 per cent of the poverty level, as determined by the United States census bureau, or a self-sufficiency standard for the local areas where the training is conducted that specifies the income needs of families, family size, the number and ages of children in the family and geographical considerations.
Said grants shall be awarded so as to ensure geographic diversity within the commonwealth by awarding at least 1 grant to entities located in the western 4 counties, 1 in Worcester and Middlesex counties, and 1 in the remaining eastern counties.
A report detailing the expenditure of said $1,000,000 shall
be submitted on or before