Massachusetts General Laws
Chapter 164a - New England Power Pool
Section 27 - Construction of Chapter

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 unconstitutional, such unconstitutionality shall not affect any other provisions, except as hereinafter set forth in this section. In the event it is finally determined by a court of competent jurisdiction that a municipal electric department is not subject, with respect to any electric power facilities financed under sections eleven to twenty-two, inclusive, to payments in lieu of taxes under paragraphs (b), (c) or (d) of section eight by reason of the unconstitutionality of any of said paragraphs, or that the borrowing limitation set forth in clause (i) of paragraph (1) of subsection (b) of section nine is unconstitutional, the municipal electric department involved shall, and any person may, file written notice of such decision with the department. Such notice shall include a statement that it is filed pursuant to this section. After such a filing the department shall not have any further authority to approve the issue of bonds under this chapter except (i) where it finds that any electric utility has, prior to such filing, undertaken substantial expense or liability in expectation of such bond financing, or (ii) where notes have been issued, prior to such a filing, under sections eleven to twenty-two, inclusive, in anticipation of revenue bonds.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

Chapter 164a - New England Power Pool

Section 1 - Definitions

Section 2 - Agreement Provisions Authorized

Section 3 - Additional Powers of Member Domestic Electric Utilities

Section 4 - Additional Powers of Member Foreign Electric Utilities

Section 5 - Acquisition or Ownership of Interests in Electric Power Facilities; Tenancy in Common; Surrender or Waiver of Right of Partition; Validity and Enforceability

Section 6 - Contracts; Term; Effect of Termination of Pool or Agreement; Exclusion From Municipal Debt for Borrowing Purposes

Section 7 - Assessment and Taxation of Foreign Electric Utilities

Section 8 - Taxation of Municipal Electric Departments Owning Interests in Electric Power Facilities; Definitions; Exemptions; Payments in Lieu of Taxes; Application of Other Laws

Section 9 - Application of Other Laws to Pool Members; Rate Base Factors

Section 10 - Foreign Electric Utilities; Ownership or Operation of Electric Power Facilities in Commonwealth; Notice, Annual Report and Information to Department; Financing; Application of Laws

Section 11 - Revenue Bonds for Project Costs; Interim Receipts or Temporary Bonds; Issuance; Agreement for Consolidation of Indebtedness by Participating Municipalities Authorized

Section 12 - Borrowing in Anticipation of Bonds; Temporary Notes; Issuance by City or Town

Section 13 - Resolutions or Trust Agreements Securing Bonds or Notes; Provisions; Limitations; Deposit, Investment and Application of Proceeds; Pledges

Section 14 - Proceeds of Bonds or Notes Issued and Moneys Governed by Trust Agreement or Resolution; Deposit or Investment

Section 15 - Bonds and Notes Issued; Payment; Liability of City or Town Limited; Exclusion From Municipal Debt for Borrowing Purposes

Section 16 - Receipts of City or Town Under This Chapter to Be Held and Applied in Trust

Section 17 - Actions and Proceedings Upon Bonds and Notes

Section 18 - Bonds and Notes Issued as Legal Investments

Section 19 - Bonds and Notes Deemed Investment Securities

Section 20 - Bonds and Notes Issued; Transfer, Income or Profit; Tax Exemption

Section 21 - Refunding Bonds; Issuance Authorized; Restrictions

Section 22 - Bonds and Notes; Issuance Authorized

Section 23 - Zoning Regulations; Exemption of Facilities Used by Electric Utilities

Section 24 - Transmission Lines of Electric Utilities; Petition for Authority to Construct, Use or Take Rights of Way by Eminent Domain Authorized

Section 25 - Ownership or Control of Domestic Electric Utilities by Foreign Corporations; Applicability of Corporation Law

Section 26 - Municipal Electric Departments; Application of Chapter

Section 27 - Construction of Chapter