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As has been discussed in several posts here, on January 4, 2021, a conference committee of the Massachusetts House and Senate has issued a wide ranging “omnibus” energy bill “An Act creating a next-generation roadmap for Massachusetts climate policy (S2995).” The bill still awaits Governor Baker’s signature. Among the many features of the legislation, it would make several significant changes to Massachusetts law regulating cities and towns taxation of wind, solar, energy storage and fuel cell property, the scope of the existing “
clause forty-fifth” state law exemption from such taxation for wind and solar projects under MGL Chapter 59, Section 5, as well as the practice of entering into payment in lieu of tax agreements or “PILOT” agreements under Chapter 59 that set contractually agreed upon annual payments in lieu of cities and towns assessing and taxing projects in the ordinary course.