Chapter 164A

Section 1. The following words as used in this chapter shall, unless the context otherwise requires, have the following meanings: ''Department'', the department of public utilities. ''Domestic electric utility'', an electric utility organized under the laws of, or having its prin…

Section 10. (a) Each foreign electric utility which is acting pursuant to authority granted in this chapter shall, before owning or operating any electric power facilities in this commonwealth, notify the department of the action to be taken by it; shall thereafter furnish to the…

Section 11. (a) Any city or town which is a member of the New England power pool, acting by its municipal light board, when authorized by a two-thirds vote as defined in section one of chapter forty-four, may, subject to the approval of the department under this chapter, borrow m…

Section 12. In anticipation of the authorization or issue of bonds under this chapter, and subject to the approval of the department under this chapter, a city or town subject to this chapter, acting by its municipal light board, when authorized by a two-thirds vote as defined in…

Section 13. (a) In the discretion of the board, but subject to the terms of the department's approval and of the authorizing vote, any bonds or notes issued hereunder may be secured by a resolution of the board or by a trust agreement between the city or town and a corporate trus…

Section 14. Subject to the trust agreement or resolution, the proceeds of bonds or notes issued under this chapter and any other moneys governed by the trust agreement or resolution may be deposited or invested in demand deposits, time deposits or savings deposits in banks which …

Section 15. The bonds and notes issued under this chapter shall be payable solely from the funds provided therefor under this chapter, the liability of the city or town from other funds being limited to obligations undertaken by it to pay for the electricity used by it, and a sta…

Section 16. All moneys received by the city or town under this chapter shall be deemed to be trust funds to be held and applied solely as provided in this chapter.

Section 17. Any holder of bonds or notes issued under this chapter, or of any of the coupons appertaining thereto, and the trustee under a trust agreement or resolution securing the same, except to the extent the rights herein given may be restricted by such trust agreement or re…

Section 18. Bonds and notes issued under this chapter are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, investment companies, exec…

Section 19. Notwithstanding any of the provisions of this chapter or any recitals in any bonds and notes issued under this chapter, all such bonds and notes shall be deemed to be investment securities under the Uniform Commercial Code.

Section 2. The New England power pool agreement may provide for, among other things: (a) the pooling of power; (b) coordination of planning, construction and operation and the manner of establishing and enforcing standards and other requirements; (c) delegation of authority to ad…

Section 20. The bonds and notes issued under this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the commonwealth.

Section 21. Any city or town having bonds outstanding under this chapter, acting by its municipal light board, when authorized by a two-thirds vote as defined in section one of chapter forty-four, may issue refunding bonds for the purpose of paying bonds issued by it or on its be…

Section 22. Bonds and notes may be issued under this chapter without the consent of any department, division, commission or agency of the commonwealth or of any political subdivision thereof and without any other proceedings or the happening of any other conditions or things than…

Section 23. For the purposes of section ten of chapter forty A, an electric power facility located within the commonwealth and used or to be used by one or more domestic or foreign electric utilities pursuant to authority set forth in this chapter shall be considered a building, …

Section 24. Lines for transmission of electricity which are electric power facilities, as defined in section one, shall, irrespective of the destination of the electricity to be transmitted thereover, be lines for the transmission of electricity for which an electric utility may …

Section 25. A domestic electric utility shall not be subject to the provisions of section ten of chapter one hundred eight-one in the event a foreign corporation, as defined in said chapter, owns or controls a majority of the capital stock of said domestic electric utility, provi…

Section 26. With respect to municipal electric departments, this chapter shall be applicable only to such municipal electric departments as were in existence on January first, nineteen hundred and seventy-three, and to such additional municipal electric departments created after …

Section 27. This chapter shall be construed in all respects so as to meet all constitutional requirements. Except as expressly provided herein, the provisions of this chapter shall not affect the interpretation of other laws. If any provision of this chapter shall be held unconst…

Section 3. Notwithstanding any contrary provision of any general or special law relating to the powers and authorities of domestic electric utilities or any limitation imposed by a corporate or municipal charter, but subject to the conditions set forth in this chapter, a domestic…

Section 4. Notwithstanding any contrary provision of any general or special law relating to the powers and authorities of foreign electric utilities, but subject to the conditions set forth in this chapter, a foreign electric utility which is a member of the New England power poo…

Section 5. If any domestic or foreign electric utility acquires or owns an interest as a tenant in common with one or more other domestic or foreign electric utilities in any electric power facilities in this commonwealth, the surrender or waiver by any such owner of such propert…

Section 6. Contracts under sections three and four (i) may be for a term or for an indefinite period and shall, unless otherwise provided therein, not be deemed terminated or to have been unauthorized by reason of termination of the New England power pool or of any membership the…

Section 7. A foreign electric utility shall be subject to assessment and taxation in the same manner and to the same extent as is provided by law with respect to a corporation defined as an ''electric company'' in section one of chapter one hundred sixty-four; except that a forei…

Section 8. (a) Notwithstanding the definition of ''electric power facilities'' in section one, for the purposes of this section only, ''electric power facilities'' with respect to municipal electric departments shall mean generating units rated twenty-five megawatts or above and …

Section 9. (a) Except as otherwise expressly provided in this chapter, a domestic electric utility shall not be exempt from nor lose the benefits of any applicable laws of the commonwealth solely by reason of being a member of the New England power pool. (b)(1) In addition to tho…