State Sen. James Timilty succeeded in attaching an amendment to the 2009 state budget last week that could keep a power plant off Industrial Road in South Walpole.
The amendment would prohibit siting a power plant less than less than a mile from a playground, day care center, school and "other vulnerably populated areas."
The Competitive Power Ventures plant, as proposed, would be located within a mile of both Boyden Elementary School and residential housing.
The state Senate adopted the so-called "power plant amendment," in a 26-to-13 vote.
The measure now goes to a House and Senate conference committee, which will decide if it remains in the budget bill sent to Gov. Deval Patrick, who can approve or veto the amendment.
"It's going through the process up there and we're watching and waiting," said Braith Kelly, vice president of Competitive Power, adding that he looked forward to working with Timilty in the future.
If approved, the amendment would become state law - Competitive Power would not be able to negotiate with Walpole boards about the Industrial Road site, nor would it be able to appeal to the Massachusetts Energy Facilities Siting Board.
Timilty, D-Walpole, said a decision on the matter will be made by July 1 at the latest - the end of the fiscal year.
"My hope is that it will become law," Timilty said, choosing not to speculate on the amendment's chances.
If the governor were to veto the power plant amendment, said Timilty, the House and Senate would have a chance to override that veto with a two-thirds majority in each chamber.
The Walpole senator said debate on the amendment lasted for about and hour and was, at times, heated.
"It was probably the most contentious debate of the hearings," Timilty said.
In January, the Senate passed a similar amendment attached to the Green Energy bill that is still waiting to be voted on by the conference committee.
Timilty was afraid that bill would not be passed, however, due to difference in the House and Senate versions of the Green Energy bill.
Timilty explained that he, along with Sen. Robert Creedon, D-Brockton, saw the opportunity to attach the power plant measure to the budget for a quick turnaround and a better probability of adoption.
Of the 13 dissenting votes, Timilty said, there was a "mixture of objections."
Some senators disapproved of the amendment being attached to two different bills and others were against regulating facility siting in general.
Sen. Michael Morrissey, a Quincy Democrat, was a vocal member of the opposition to the amendment. Morrisey was unavailable for comment because of committee hearings.
Timilty said he has received countless e-mails and phone calls from "pretty informed" Walpole residents adamantly against the power plant proposal.
He said he finds Competitive Power's recent claims that the opposition is a "small minority" unfounded.
"There doesn't seem to be much, if any, support (for a power plant)," Timilty said.
Timilty's main concern is the amount of water that would be used, he said, as "water is going to be the most important resource of this century."
Timilty also disagreed with Competitive Power's assertions that Walpole officials have not adequately considered the proposal.
