Select Board authorizes RFP for transfer-station solar project but questions battery storage and liability

The Town of North Brookfield Select Board voted on April 21 to draft a request for proposals (RFP) for a solar project at the town transfer station after reviewing a proposal submitted by ECA Solar / Mass Holding LLC.

Select Board member Jamie introduced the firm’s submission and said the proposal included broad rights that could allow either photovoltaic panels or an exclusively battery energy storage system (BESS). Jamie said the submission's lack of technical detail — no panel counts, no layout, and an open description of "battery energy storage system" — made it difficult to evaluate or to put out a clear bid.

Other board members echoed concerns. One member said, "I'm not for a battery energy storage system in that location," citing emergency-response and incident-handling concerns for the town. Another member noted that the proposal’s indemnification language — which would welcome indemnification of the property owner for damage or liability "caused by the solar project's installation or operation" — needs clearer limits, particularly for battery storage.

Members discussed procurement rules under Massachusetts law (M.G.L. c.30B) and agreed any municipal project must go out to competitive bid. Several members recommended that the RFP be written as a square-footage/site-based solicitation and that the RFP explicitly state whether battery storage is permitted or excluded.

Timing was also raised: changes to Massachusetts’s SMART program and related incentives that take effect July 1 could affect the financial attractiveness of proposals. The board asked staff to request more detailed specifications from ECA Solar, remove or clearly define battery-storage language if appropriate, and draft an RFP that can be circulated to multiple bidders.

The motion to draft an RFP for a solar project at the transfer station passed. Board members discussed who would write the RFP; a board member (Brandon) volunteered to draft it, subject to legal and procurement review.

Next steps: staff will request clarifications from the proposer, the board will direct the drafting of an RFP that excludes or clearly defines battery storage, and the RFP will be issued under M.G.L. c.30B procurement rules.