Town attorney warns Senate energy bill language could strip Barnstable’s Park City Wind easement protections

Town Attorney Karen Nober briefed the council on July 16 about a Senate amendment to the state energy bill that, she said, would extend approvals for offshore wind projects by four years and—unusually— included the word "easement" in the definition of approvals. Nober said the town of Barnstable negotiated a side agreement with Park City Wind (executed June 2024) that included easements for shoreland cable work and a termination clause if construction does not commence by Dec. 15, 2026.

Nober said Park City Wind has declined to pay a $2.4 million payment required under the town's side agreement for additional sewer design and construction costs incurred to accommodate the project, and that confidential mediation in May concluded without an acceptable outcome. She warned the Senate language appears designed to extend or preserve the developer’s rights by broadly extending "approvals" and including "easements"—a property right—effectively undermining the town's negotiated termination rights.

Nober described the insertion of the word "easement" as unprecedented in prior permit‑extension acts, said the House has non‑concurred with the Senate version, and urged the council to ask local legislators to remove the word in conference committee. She said the town had been discussing the matter with state representatives and senators and that the council should expect an executive session to discuss litigation strategy when appropriate.

Councilors asked clarifying questions; Nober recommended the simple fix of removing the term "easement" from the bill's definition of approvals. The council did not vote on any specific action tonight but was advised that staff and the town manager continue outreach to legislators while preparing options for the council, including an executive session to discuss legal remedies.