Legislation, part 3
Section 1H. (a) As used in this section the following words shall, unless the context otherwise requires, have the following meanings:-
"Agency", the Massachusetts Industrial Finance Agency, established pursuant to section 31 of chapter 23A.
"Authority", the Massachusetts Health and Educational Facilities authority, established pursuant to chapter 614 of the acts of 1968.
"Department", the department of telecommunicationsand energy.
"Electric company", an electric company as defined in section 1.
"Electric rate reduction bonds", bonds, notes, certificates of participation or beneficial interest, or other evidences of indebtedness or ownership, issued pursuant to an executed indenture, financing document, or other agreement of the financing entity, secured by or payable from transition property, the proceeds of which are used to provide, recover, finance, or refinance transition costs or to acquire transition property and that are secured by or payable from transition property.
"Financing entity", (i) the Massachusetts Industrial Finance Agency and the Massachusetts Health and Educational Facilities Authority acting jointly pursuant to a mutual agreement, (ii) any special purpose trust, or (iii) any financing entity which is authorized by the department pursuant to a financing order to issue electric rate reduction bonds or acquire transition property in accordance with the provisions of this section.
"Financing order", an order of the department adopted in accordance with this section approving a plan, which shall include, without limitation, a procedure to review and approve periodic adjustments to transition charges to include recovery of principal and interest and the costs of issuing, servicing, and retiring electric rate reduction bonds contemplated by the financing order.
"Reimbursable transition costs amounts", the total amount authorized by the department in a financing order to be collected through the transition charge, as defined pursuant to section 1, and allocated to an electric company in accordance with a financing order.
"Special purpose trust", any trust, partnership, limited partnership, association, corporation, nonprofit corporation, limited liability company, or other entity established and authorized by the agency and the authority to acquire transition property or to issue rate reduction bonds, or both, subject to approvals by the agency and the authority and the powers of the agency and the authority as provided by the agency and the authority in their resolutions authorizing the entities to issue rate reduction bonds.
"Transition costs", the costs determined pursuant to section 1G which remain after accounting for maximum possible mitigation, subject to determination by the department.
"Transition charge", the charge to the customers which provides the mechanism for the recovery of an electric company's transition costs.
"Transition property", the property right created pursuant to this section, including, without limitation, the right, title, and interest of an electric company or a financing entity to all revenues, collections, claims, payments, money, or proceeds of or arising from or constituting reimbursable transition costs amounts which are the subject of a financing order, including those non-bypassable rates and other charges that are authorized by the department in the financing order to recover transition costs and the costs of providing, recovering, financing, or refinancing the transition costs, including the costs of issuing, servicing, and retiring electric rate reduction bonds.
(b)(1) The department may issue financing orders in accordance with this section to facilitate the provision, recovery, financing, or refinancing of transition costs. A financing order shall specify that amounts collected from a customer shall be allocated first to current and past due transition charges and then other charges and that, upon the issuance of electric rate reduction bonds, transition charges collected shall be allocated first to transition property and second to transition charges, if any, that are not subject to a financing order.
(2) An electric company may, by January 1, 1999, and from time to time thereafter as established by the department, file with the department an application that provides that its transition costs may be recovered through reimbursable transition costs amounts, which would therefore constitute transition property under this section. An electric company may, upon the department's written determination of substantial and documentable relative rate reduction, utilize a financing entity other than the state-designated financing entity or special purpose trust. The department shall promulgate rules and regulations establishing the form and content of said applications and establishing the procedure to be utilized for the filing and approval of said applications. The department may view such applications in separate proceedings or in an order instituting investigation or order instituting rule making, or both. The electric company shall in its application specify that its customers would benefit from reduced electricity rates through the issuance of electric rate reduction bonds. The department shall determine reimbursable transition costs amounts recoverable in one or more financing orders if the department determines, as part of its findings in connection with the financing order, that the designation of the reimbursable transition costs amounts and the issuance of electric rate reduction bonds by the financing entity in connection with some or all of the reimbursable transition costs amounts would reduce rates that an electric company's customers would have paid if the financing order were not adopted, and that such rates will be reduced in aggregate amounts equal to savings realized by the electric company with respect to the financing order; provided, however, that said bonds may qualify for tax-exempt status to the full extent of state and federal law; provided further, that the department shall consult with the financing entity in making its determinations concerning electric rate reduction bonds; and provided, further, that the electric company has complied with the applicable transition cost mitigation measure, pursuant to subsection (d) of section 1G. The transition charge and its payment as provided in the financing order shall be binding on all current and future distribution companies and users of such distribution system until the bonds are paid in full by the financing entity. A financing order shall expire after two years if no rate reduction bonds have been issued pursuant thereto.
(3) Notwithstanding any other general or special law, rule, or regulation to the contrary, except as otherwise provided in this section with respect to transition property which has been made the basis for the issuance of electric rate reduction bonds, the financing orders and the reimbursable transition costs amounts shall be irrevocable, and the department shall not have authority, either by rescinding, altering, or amending the financing order or otherwise, to revalue or revise for ratemaking purposes the transition costs, determine that the reimbursable transition costs amounts or transition charges are unjust or unreasonable, or in any way reduce or impair the value of transition property either directly or indirectly by taking reimbursable transition costs amounts into account when setting other rates for the electric company, nor shall the amount of revenues arising with respect thereto be subject to reduction, impairment, postponement, or termination. Except as otherwise provided in this paragraph, the commonwealth does hereby pledge and agree with the owners of transition property and holders of electric rate reduction bonds that the commonwealth shall not (i) alter the provisions of this chapter which make the transition charges imposed by the financing order irrevocable and binding or (ii) limit or alter the reimbursable transition costs amounts, transition property, financing orders, and all rights thereunder until the electric rate reduction bonds, together with the interest thereon, are fully met and discharged. The financing entity as agent for the commonwealth is hereby authorized to include this pledge and undertaking for the commonwealth in these electric rate reduction bonds.
(4)(i) Financing orders issued pursuant to the provisions of this section shall not constitute a debt or liability of the commonwealth or of any political subdivision thereof, other than the financing entity, and shall not constitute a pledge of the full faith and credit of the commonwealth or any of its political subdivisions, other than the financing entity, but shall be payable solely from the funds provided therefor pursuant to the provisions of this section. All the bonds shall contain on the face thereof the following statement: Neither the full faith and credit nor the taxing power of the commonwealth of Massachusetts is pledged to the payment of the principal of, or interest on, this bond.
(ii) The issuance of electric rate reduction bonds pursuant to the provisions of this section shall not obligate the commonwealth, or any political subdivision thereof, to levy or to pledge any form of taxation therefor or to make any appropriation for their payment.
(iii) The exercise of the powers granted by this section shall be in all respects for the benefit of the people of the commonwealth, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions. As the exercise of such powers shall constitute the performance of essential governmental functions, the financing entity shall not be required to pay any taxes or assessments upon the property acquired or used by the financing entity pursuant to the provisions of this section or upon the income therefrom. The bonds or other instruments issued pursuant to the provisions of this section, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the commonwealth.
(iv) Any electric rate reduction bonds or other instruments issued by the financing entity shall be used to pay for mitigated transition costs related to subsection (b) of section 1G.
(v) Electric rate reduction bonds and other instruments so approved and issued by a financing entity pursuant to the provisions of this section are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, and savings banks, cooperative banks and trust companies in their banking departments and within the limits set by section 14 of chapter 167E, banking associations, investment companies, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of a similar nature, may properly and legally invest funds, including capital in their control or belonging to them, and such bonds are hereby made obligations which may properly and legally be made eligible for the investment of savings deposits and the income thereof in the manner provided by section 15B of chapter 167. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the commonwealth for any purpose for which the deposit of bonds or other obligations of the commonwealth is now or may hereafter be authorized by law.
(vi) The repayment of terms of any electric rate reduction bonds issued for the purpose of paying for transition costs related to clause (iv) of paragraph 1 of subsection (b) of section 1G shall, subject to the department's approval, extend for not more than 15 years; provided, that in the event the department determines that a longer repayment period would inure to the benefit of residential ratepayers, the department shall approve any securitization plan that maximizes rate affordability to such ratepayers.
(5) The department shall establish procedures for the expeditious processing of applications for financing orders, including the approval or disapproval thereof within 120 days of the electric company filing; provided, however, that an electric company shall file a new application with the department within 45 days of any such disapproval, if so ordered by the department. A financing order shall also include a procedure whereby the department shall periodically review the rate of transition charges authorized therein on each anniversary of the date of such order and at such additional intervals as may be provided for in such order, and shall approve adjustments, if required, within 60 days of each such anniversary and of each such additional interval date, such rate of transition charges if and to the extent necessary to ensure the timely recovery of revenues sufficient to provide for the payment of all principal, interest, premium, if any, and other charges in respect of the electric rate reduction bonds approved by the department pursuant to such financing order.
(6) Reimbursable transition costs amounts shall constitute transition property when, and to the extent that, a financing order authorizing the reimbursable transition costs amounts have become effective in accordance with the provisions of this section. The transition property shall thereafter continuously exist as property for all purposes with all of the rights and privileges of this section for the period and to the extent provided in the financing order, but in any event until the electric rate reduction bonds are paid in full, including all principal, interest, premium, costs, and arrearages thereon. Prior to its sale or other transfer by the electric company pursuant to this section, transition property shall be a vested contract right of the electric company, notwithstanding any contrary treatment thereof for accounting, tax, or other purpose.
(7) Any unanticipated transition changes that are generated in excess of the amounts necessary to pay principal, premium, if any, interest, and expenses of the issuance of the electric rate reduction bonds shall be remitted to the financing entity to be held or distributed in accordance with the financing order and, provided that all reserve funds are fully funded, may be used to benefit customers if this would not result in a recharacterization of the tax, accounting, and other intended characteristics of the financing, including, but not limited to, the following intended characteristics: (i) avoiding the recognition of debt on the electric company's balance sheet for financial accounting and regulatory purposes; (ii) treating the electric rate reduction bonds as debt of the electric company or its affiliates for federal income tax purposes; (iii) treating the transfer of the transition property by the electric company as a true sale for bankruptcy purposes; and (iv) avoiding any adverse impact of the financing on the electric company's credit rating.
(8) In no event shall any financing order (i) authorize or require the customers of an electric company other than the electric company applying for such financing order and its successors to pay any transition charges or other amounts with respect to the transactions authorized by such financing order; or (ii) authorize, permit, or require that any amounts arising from the transactions authorized by such financing order be used to subsidize or benefit an electric company or the customers thereof other than the electric company and the affiliates thereof applying for such financing order and its affiliates' customers. A financing order shall require that transition charges be paid over to the financing entity within one calendar month of collection.
(c)(1) The financing entity may issue electric rate reduction bonds approved by the department in the pertinent financing orders. Electric rate reduction bonds shall be nonrecourse to the credit of it or any assets of the electric company, other than the transition property as specified in the pertinent financing order.
(2) Electric companies may sell or assign all or portions of their interest in transition property to an affiliate. Electric companies or their affiliates may sell or assign their interests to one or more financing entities that make that property the basis for issuance of electric rate reduction bonds to the extent approved in the pertinent financing orders. Electric companies, their affiliates, or financing entities may pledge transition property as collateral for electric rate reduction bonds to the extent approved in the pertinent financing orders providing for a security interest in the transition property, in the manner as set forth in subsection (d).
In addition, transition property may be sold or assigned by either (i) the financing entity or a trustee for the holders of electric rate reduction bonds in connection with the exercise of remedies upon a default, or (ii) any person acquiring the transition property after a sale or assignment pursuant to this subsection.
(3) To the extent that any interest in transition property is so sold or assigned, or is so pledged as collateral, the department shall require, pursuant to the policing and regulatory power of the commonwealth, the electric company and any successor or any other entity acting as an electric company within the service territory to contract with the financing entity that it will continue to operate its system to provide service to its customers, will collect amounts in respect of the reimbursable transition costs amounts for the benefit and account of the financing entity, and will account for and remit these amounts to or for the account of the financing entity. Contracting with the financing entity in accordance with such authorization shall not impair or negate the characterization of the sale, assignment, or pledge as an absolute transfer, a true sale, or security interest, as applicable.
(4) Notwithstanding any general or special law, rule, or regulation to the contrary, any provision under this section or a financing order requiring the department take action with respect to the subject matter of a financing order shall be binding upon the department, as it may be constituted from time to time, and any successor agency exercising functions similar to the department and the department shall have no authority to rescind, alter, or amend that requirement in a financing order.
(d)(1) A security interest in transition property is valid and enforceable against the pledgor and third parties, subject to the rights of any third parties holding security interests in the transition property perfected in the manner described in this subsection, and attaches when all of the following have taken place: (i) the department has issued the financing order authorizing the bondable reimbursable transition costs amounts included in the transition property; (ii) value has been given by the pledgees of the transition property; and (iii) the pledgor has signed a security agreement covering the transition property.
(2) A valid and enforceable security interest in transition property shall be perfected when it has attached and when a financing statement has been filed in accordance with article 9 of chapter 106 naming the pledgor of the transition property as "debtor" and identifying the transition property. Any description of the transition property shall be sufficient if it refers to the financing order creating the transition property. A copy of the financing statement shall be filed with the department by the electric company which is the pledgor or transferor of the transition property, and the department may require the electric company to make other filings with respect to the security interest in accordance with procedures it may establish; provided, however, that the filings shall not affect the perfection of the security interest.
(3) A perfected security interest in transition property shall be a continuously perfected security interest in all revenues and proceeds arising with respect thereto, whether or not the revenues or proceeds have accrued. Conflicting security interests shall rank according to priority in time of perfection. Transition property shall constitute property for all purposes, including for contracts securing electric rate reduction bonds, whether or not the revenues and proceeds arising with respect thereto have accrued.
(4) Subject to the terms of the security agreement covering the transition property and the rights of any third parties holding security interests in the transition property perfected in the manner described in this subsection, the validity and relative priority of a security interest created pursuant to this subsection shall not be defeated or adversely affected by the commingling of revenues arising with respect to the transition property with other funds of the electric company that is the pledge or transferor of the transition property. Subject to the terms of the security agreement, the pledgees of the transition property shall have a perfected security interest in all cash and deposit accounts of the electric company in which revenues arising with respect to the transition property have been commingled with other funds, but the perfected security interest shall be limited to an amount not greater than the amount of the revenues with respect to the transition property received by the electric company within 12 months before either (i) any default under the security agreement, or (ii) the institution of insolvency proceedings by or against the electric company, less payments from the revenues to the pledgees during that 12-month period.
(5) If an event of default occurs under the security agreement covering the transition property, the pledgees of the transition property, subject to the terms of the security agreement, shall have all rights and remedies of a secured party upon default pursuant to article 9 of chapter 106 and such other rights and remedies as may be provided in the financing order, and shall be entitled to foreclose or otherwise enforce their security interest in the transition property, subject to the rights of any third parties holding prior security interests in the transition property perfected in the manner provided in this section. In addition, the department may require, in the financing order creating the transition property, that, in the event of default by the electric company in payment of revenues arising with respect to the transition property, the commission and any successor thereto, upon the application by the pledgees or transferees, including transferees under subsection (f), of the transition property, and without limiting any other remedies available to the pledgees or transferees by reason of the default, shall order the sequestration and payment to the pledgees or transferees of revenues arising with respect to the transition property. Any order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the debtor, pledgor, or transferor of the transition property. Any surplus in excess of amounts necessary to pay principal, premium, if any, interest, costs, and arrearages on the electric rate reduction bonds, and other costs arising under the security agreement, shall be remitted to the debtor or to the pledgor or transferor.
(6) The state secretary shall establish and maintain a separate system of records to reflect the date and time of receipt of all filings made under this subsection (d) to perfect security interests in transition property and to effect the transfer to an assignee of any interest in a financing order.
(e) Unless otherwise ordered by the department with respect to any series of electric rate reduction bonds on or prior to the issuance of the series, there shall exist a statutory lien as provided in this subsection. Upon the effective date of the financing order, there shall exist a first priority lien on all transition property then existing or thereafter arising pursuant to the terms of the financing order. This lien shall arise by operation of this subsection automatically without any action on the part of the electric company, any affiliate thereof, the financing entity, or any other person. This lien shall secure all obligations, then existing or subsequently arising, to the holders of the electric rate reduction bonds issued pursuant to the financing order, the trustee or representative for the holders, and any other entity specified in the financing order. The persons for whose benefit this lien is established shall, upon the occurrence of any defaults specified in the financing order, have all rights and remedies of a secured party upon default pursuant to article 9 of chapter 106, and shall be entitled to foreclose or otherwise enforce this statutory lien in the transition property. This lien shall attach to the transition property regardless of whom shall own, or shall subsequently be determined to own, the transition property, including any electric company, any affiliate thereof, the financing entity, or any other person. This lien shall be valid, perfected, and enforceable against the owner of the transition property and all third parties upon the effectiveness of the financing order without any further public notice; provided, however, that any person may, but shall not be required to, file a financing statement in accordance with subsection (d). Financing statements so filed may be "protective filings" and shall not be evidence of the ownership of the transition property.
A perfected statutory lien in transition property shall be a continuously perfected lien in all revenues and proceeds arising with respect thereto, whether or not the revenues or proceeds have accrued. Conflicting liens shall rank according to priority in time of perfection. Transition property shall constitute property for all purposes, including for contracts securing rate reduction bonds, whether or not the revenues and proceeds arising with respect thereto have accrued.
In addition, the department may require, in the financing order creating the transition property, that, in the event of default by the electric company in payment of revenues arising with respect to transition property, the department and any successor thereto, upon the application by the beneficiaries of the statutory lien, and without limiting any other remedies available to the beneficiaries by reason of the default, shall order the sequestration and payment to the beneficiaries of revenues arising with respect to the transition property. Any order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the debtor, pledgor, or transferor of the transition property. Any surplus in excess of amounts necessary to pay principal, premium, if any, interest, costs, and arrearages on the electric rate reduction bonds, and other costs arising in connection with the documents governing the electric rate reduction bonds, shall be remitted to the debtor or to the pledgor or transferor.
(f)(1) A transfer of transition property by an electric company to an affiliate or to a financing entity, or by an affiliate of an electric company or a financing entity to another financing entity, which the parties have in the governing documentation expressly stated to be a sale or other absolute transfer, in a transaction approved in a financing order, shall be treated as an absolute transfer of all of the transferor's right, title, and interest, as in a true sale, and not as a pledge or other financing, of the transition property, other than for federal and state income purposes. Granting to holders of electric rate reduction bonds a preferred right to revenues of the electric company, or the provision by the company of other credit enhancement with respect to electric rate reduction bonds, shall not impair or negate the characterization of any transfer as a true sale, other than for federal and state income purposes.
(2) A transfer of transition property shall be deemed perfected as against third persons when both of the following have taken place: (i) the department has issued the financing order authorizing the fixed transition amounts included in the transition property; and (ii) an assignment of the transition property in writing has been executed and delivered to the transferee.
(3) As between bona fide assignees of the same right for value without notice, the assignee first filing a financing statement in accordance with article 9 of chapter 106 naming the assignor of the transition property as debtor and identifying the transition property has priority. Any description of the transition property shall be sufficient if it refers to the financing order creating the transition property. A copy of the financing statement shall be filed by the assignee with the department. The department may require the assignor or the assignee to make other filings with respect to the transfer in accordance with procedures it may establish, but these filings shall not affect the perfection of the transfer.
(g) Any successor to the electric company, whether pursuant to any bankruptcy, reorganization, or other insolvency proceeding, or pursuant to any merger, sale, or transfer, by operation of law, or otherwise, shall perform and satisfy all obligations of the electric company pursuant to this section in the same manner and to the same extent as the electric company, including, but not limited to, collecting and paying to the holders of electric rate reduction bonds or their representatives or the financing entity, revenues arising with respect to the transition property sold to the financing entity or pledged to secure electric rate reduction bonds. This requirement that a successor electric company perform the obligations of its predecessor is made pursuant to the commonwealth's policing and regulatory authority.
SECTION 194. Section 2 of said chapter 164, as so appearing, is hereby amended by inserting after the word "producer", in line 14, the following words:- other than persons, firms, associations, and private corporations expressly excluded from the definition of "electric company" in section 1 of this chapter.
SECTION 195. Said section 2 of said chapter 164, as so appearing, is hereby further amended by adding the following sentence:- Electric companies, which engage in generation and which are not part of a vertically integrated electric company or do not have a distribution affiliate in the commonwealth, shall be exempt from the provisions of sections 3 to 33, inclusive, and section 93.
SECTION 196. Said chapter 164 is hereby further amended by inserting after section 34 the following two sections:-
Section 34A. (a) Any city or town receiving street lighting service from an electric company pursuant to a tariff which provides for the use by such municipality of lighting equipment owned by the electric company, such as lighting ballasts, fixtures, and other equipment necessary for the conversion of electric energy into street lighting service, shall have the rights with respect to such lighting equipment as set forth in this section. Such rights shall apply in the event that such municipality does not establish a municipal lighting plant in accordance with this chapter or such lighting plant is established but ownership and control of the distribution facilities needed to deliver electric energy to such lighting equipment is held and retained by the electric company serving the municipality prior to the establishment of the lighting plant. A municipality subject to the provisions of this section, at its option, upon 60 days notice to the electric company and to the department, and subject to the provisions of subsections (b) to (e), inclusive, may:
(i) convert its street lighting service from the subject tariff to an alternative tariff approved by the department providing for delivery service by the electric company of electric energy, whether supplied by the electric company or any other person, over distribution facilities and wires owned by the electric company to lighting equipment owned or leased by the municipality, and further providing for the use by such municipality of the space on any pole, lamp post, or other mounting surface previously used by the electric company for the mounting of the lighting equipment of the electric company;
(ii) purchase electric energy for use in such municipal lighting equipment from the electric company or any other person allowed by law to provide electric energy; and
(iii) acquire, or compensate the electric company for, the lighting equipment of the electric company in the municipality in accordance with subsection (b).
(b) Any municipality exercising the option to convert its street lighting service pursuant to subsection (a) shall be required to compensate the electric company for its unamortized investment, net of any salvage value obtained by the electric company under the circumstances, in the lighting equipment owned by the electric company in the municipality as of the date the electric company receives notice of such exercise pursuant to subsection (a). In meeting this requirement, the municipality may acquire all or any part of such lighting equipment of the electric company upon the payment of the unamortized investment allocable to such acquired equipment. Upon such payment, the municipality shall have the right to use, alter, remove, or replace such acquired equipment in any way the municipality deems appropriate. In addition, the municipality may request that the electric company remove any unacquired part of such lighting equipment. Thereupon, the municipality shall pay to the electric company the cost of removal by the electric company, along with the unamortized investment allocable to such unacquired part, net of any salvage value attributable to the removed equipment.
(c) In connection with the exercise by any municipality of the option to convert its street lighting service pursuant to subsection (a), any person other than the electric company controlling the right to use space on any pole, lamp post, or other mounting surface previously used by the electric company in such municipality shall allow the municipality to assume the rights and obligations of the electric company with respect to such space for the unexpired term of any lease or other agreement under which the electric company used such space; provided, however, that in the assumption of the rights and obligations of the electric company by such a municipality, such municipality shall in no way or form restrict, impede, or prohibit universal access for the provision of electric and other services.
(d) In connection with the exercise by any municipality of the option to convert its street lighting service pursuant to subsection (a), any dispute concerning the terms of the alternative tariff, the compensation to be paid the electric company, or any other matter arising in connection with such exercise, including, but not limited to, the terms on which space is to be provided to the municipality in accordance with subsection (c), shall be resolved by the department within 60 days of any request for such resolution by the municipality or any person involved in such dispute.
(e) Notwithstanding any general or special law, rule, or regulation to the contrary, any affiliate of any electric company whose street lighting service is converted by any municipality in accordance with the provisions of this section may solicit and compete for the business of any such municipality for the provision of lighting equipment or any other service such as equipment maintenance in connection therewith.
Section 34B. A distribution company or a telephone company engaging in the removal of an existing pole and the installation of a new pole in place thereof shall complete the transfer of wires, all repairs, and the removal of the existing pole from the site within 90 days from the date of installation of the new pole; provided, however, that for any approved commercial or industrial construction project, the completion of which is expected to take longer than one year, said company shall be required to remove such pole within six months from the date of installation of the new pole. The owner of such pole shall notify all other users of the starting date of such removal and installation work at least 48 hours prior to the commencement of such work, and said owner shall require all other users to remove their wiring and other attachments from the poles in a timely manner.
SECTION 197. Said chapter 164 is hereby further amended by inserting after section 47 the following four sections:-
Section 47A. (a) Any municipal lighting plant established pursuant to the provisions of this chapter or special law shall be exempt from the requirements to allow competitive choice of generation supply, unless and until such lighting plant is dissolved pursuant to existing statutory procedures.
(b) A municipal lighting plant established pursuant to the provisions of this chapter or special law may prohibit retail sales by suppliers and electric companies to customers within the service territory of said lighting plant; provided, however, that a municipal lighting plant may supply generation service outside its own service territory for retail purposes only if outside suppliers may provide generation service within the service territory of said municipal lighting plant by mutual agreement with said lighting plant. Such agreement, upon execution, shall be submitted to the department and shall detail the manner in which any such supplier shall conduct business within the service territory of said lighting plant.
(c) A municipal lighting plant may sell electricity at wholesale, for resale, to aggregators, or other entities in bulk and shall not, in doing so, be deemed to be supplying generation services outside its own service territory for the purposes of subsection (b).
(d) A municipal lighting plant may sell electricity at retail, by mutual agreement or by order of the department as provided pursuant to section 47 or section 60 of this chapter, in the service territory of an adjoining electric company or a municipal lighting plant, and such sale shall not be deemed to be supplying generation service outside its own service territory for the purposes of subsection (b). Such mutual agreement shall be between the municipal lighting plant selling such electricity at retail and the adjoining electric company or other municipal lighting plant.
(e) No municipality, private corporation, or other entity selling or distributing electricity shall use existing lines or extend its lines except by mutual agreement with a municipal lighting plant or by order of the department as provided pursuant to section 47 or section 60 of this chapter in order to distribute or sell electricity to customers presently served by such municipal lighting plant.
(f) If a municipal lighting plant has not allowed retail customers served by it competitive choice of generation supply by March 1, 2003, the governing body for each city or town with such municipal lighting plant shall conduct a study, which shall include the holding of public hearings, and may make recommendations which may include, but shall not be limited to, conducting a referendum relative to competitive choice of generation supply for the customers of such municipal lighting plant.
Section 47B. Any municipality acting by and through its municipal light board may construct, purchase, operate, own, lease, rent, maintain, dispose of, share costs of, or otherwise have the right to the use, or portions thereof, of subtransmission, transmission, distribution, and generation facilities and equipment located outside of the municipality's limits. All such subtransmission, transmission, distribution, and generation facilities and equipment, or portions thereof, referred to in this section so constructed, purchased, owned, leased, rented, operated, maintained, or otherwise having the right to be used by any municipality shall hereafter be considered "plant" under the provisions of sections 34, 40, and 57 of this chapter. Any municipality acting by and through its municipal light board is hereby authorized to pay for the construction, purchase, lease, rent, or the right to use, or portions thereof, of the subtransmission, transmission, distribution, and generation facilities and equipment referred to in this section from those amounts accumulated for depreciation.
Section 47C. (a) Any municipal lighting plant created in a manner provided for in this chapter shall be allowed to form cooperative public corporations for the purpose of furnishing efficient, low cost, and reliable electric power and energy-related services as provided in this section.
(b) A municipal lighting plant cooperative established pursuant to the provisions of this section shall constitute a body politic and corporate and is constituted a public instrumentality, and the exercise of the powers conferred by this section shall be deemed and held to be the performance of an essential public function.
(c) Any number of municipal lighting plants may associate themselves together and with other public corporations, established under the laws of the commonwealth or any other state or the federal government, as a municipal lighting plant cooperative, with or without capital stock, for the transaction of any lawful business associated with the purchase, acquisition, distribution, sale, resale, supply, and disposition of energy or energy-related services to wholesale or retail customers, subject to federal and state laws and regulations; provided, however, that no such cooperative organized pursuant to this section shall be associated or create a partnership with the corporation established pursuant to chapter 775 of the acts of 1975; and provided, further, that said corporation established pursuant to said chapter 775 shall not be allowed to participate in any activity or have an ownership share in any cooperative formed pursuant to this section.
(d) A municipal lighting plant cooperative may be formed for any purpose stated in subsection (c) which may lawfully be carried out by any other corporation; provided, that a municipal lighting plant cooperative shall be organized and shall conduct its business primarily for the mutual benefit of its members as patrons of the cooperative. A municipal lighting plant cooperative shall have all of the powers of a natural person, including the power to participate with others in any partnership, joint venture or other association, transaction, or arrangement of any kind. In addition, each municipal lighting plant cooperative shall have the following powers:
(i) To have perpetual succession by its corporate name unless a limited period of duration is stated in the articles of incorporation;
(ii) To sue and be sued, complain, and defend its corporate name;
(iii) To have and use a corporate seal;
(iv) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and deal in and with real or personal property or any interest therein, wherever situated;
(v) To sell, convey, mortgage, pledge, lease, exchange, transfer, or otherwise dispose of all or any part of its property and assets;
(vi) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, use, and deal in and with shares or other interest in, or obligations of, other domestic or foreign corporations, associations, partnerships, or individuals, or direct or indirect obligations of the United States or any other government, state, territory, governmental district, or municipality, or any instrumentality thereof;
(vii) To make contracts and incur liabilities, borrow money at rates of interest the cooperative may determine, issue notes, bonds, certificates of indebtedness, and other obligations, receive funds from members and pay interest thereon, issue capital stock and certificates representing equity interests in assets, allocate earnings and losses at the times and in the manner the articles of incorporation or bylaws or other contract specify, create book credits, capital funds, and reserves, and secure obligations by mortgage or pledge of any of its property, franchises, and income;
(viii) To lend money for corporate purposes, invest and reinvest funds, and take and hold real and personal property as security for the payment of funds loaned or invested;
(ix) To conduct business, carry on operations, have offices, and exercise the powers granted by this subsection, within or without this commonwealth;
(x) To elect or appoint officers and agents of the corporation, define their duties, and fix their compensation;
(xi) To make and alter bylaws, not inconsistent with its articles of incorporation or with the laws of this commonwealth, for the administration and regulation of the affairs of the cooperative;
(xii) To make donations for the public welfare or for charitable, scientific, or educational purposes;
(xiii) To pay pensions and establish pension plans, pension trusts, profit-sharing plans, stock bonus plans, stock option plans, and other incentive plans for any or all of its directors, officers, and employees;
(xiv) To be a partner, member, associate, or manager of any partnership, joint venture, trust, or other enterprise;
(xv) To cease corporate activities and surrender its corporate franchise;
(xvi) To purchase, acquire, distribute, sell, resell, supply, and dispose of energy in any form or other services;
(xvii) To purchase, acquire, distribute, sell, resell, supply, and provide any energy or energy-related services to wholesale or retail customers within or without the commonwealth;
(xviii) To have access on comparable terms to energy transportation systems for delivery of energy to its members and other customers;
(xix) To sell electricity to any consumer, including, but not limited to, a consumer that receives electric distribution, transmission, or other services from an entity other than the municipal light plant cooperative organized under subsection (a), other than consumers served by municipal light plants which are not members of a municipal light plant cooperative, that is selling such electricity to such consumer; provided, that an entity providing such distribution, transmission, or other services shall provide non-discriminatory access and pricing for the use of its property and services and shall otherwise facilitate such transactions;
(xx) To contract with natural persons, firms, corporations, business trusts, partnerships, public and private agencies, non-profit organizations and corporations, other cooperatives, and local municipalities to accomplish any purposes of the cooperative;
(xxi) To have and exercise all powers necessary or convenient to effect its purposes;
(xxii) To exercise and perform all or part of its power and functions through one or more wholly-owned or partly-owned corporations or other business entities; and
(xxiii) To exercise all other powers not inconsistent with the state constitution or the United States Constitution, which may be reasonably necessary or appropriate for or incidental to the effectuation of its authorized purposes or to the exercise of any of the foregoing powers, and generally to exercise in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs.
(e) A municipal lighting plant cooperative organized pursuant to this section shall be managed by a board of not less than three directors. The directors shall be elected by and from the members of the cooperative at such time, in such manner, and for such term of office as the bylaws may prescribe and shall hold office during the term for which they were elected and until their successors are elected and qualified. Any vacancy occurring in the board of directors, and any directorship to be filled by reason of an increase in the number of directors, may be filled by the board of directors unless the articles of incorporation or the bylaws provide that a vacancy or directorship so created shall be filled in some other manner. A director elected or appointed to fill a vacancy shall be elected or appointed for the unexpired term of the predecessor in office.
(f) Any municipal lighting plant cooperative organized pursuant to the provisions of this section may enact bylaws to govern itself in the implementation of the provisions of this section which are not inconsistent with the provisions of this section.
(g) The provisions of chapter 258 shall apply to the municipal lighting plant cooperatives established under the provisions of this section as if said municipal lighting plant cooperatives were municipal lighting plants.
(h) The right of a member of a cooperative to vote may be limited, enlarged, or denied to the extent specified in the articles of incorporation or bylaws. Unless so limited, enlarged, or denied, each member shall be entitled to one vote on each matter submitted to a vote of members.
(i) A member of the board of directors or an officer of any cooperative subject to the provisions of this section shall have immunity from liability equivalent to that granted to directors and officers of for-profit corporations in the commonwealth. Except for debts lawfully contracted between a member and the cooperative, no member shall be liable for the debts of the cooperative to an amount exceeding the sum remaining unpaid on his or her membership fee or subscription to capital stock.
(j) Except as provided for herein, a municipal lighting plant cooperative shall be exempt from paying taxes, including, but not limited to taxes on its income and real and personal property situated within the commonwealth and owned by the municipal light plant cooperative; provided, however, that the cooperative shall agree, in lieu of property taxes, to pay to any governmental body authorized to levy local property taxes the amount which would be assessable as local property taxes on the real and tangible personal property if such property were the property of a domestic corporation; provided, further, that no such municipal lighting plant cooperative shall be allowed to commence any such operations allowed pursuant to this section or exercise any such powers pursuant to subsection (d) until such payment in lieu of taxes is executed. The cooperative shall pay all sales or excise taxes which are properly assessed on its business activities under this section to the extent such taxes are assessed against domestic corporations.
(k) A municipal lighting plant cooperative created pursuant to the provisions of this section shall be exempt from the public records requirement of section 10 of chapter 66 and the open meeting requirements of section 23B of chapter 39 only in those instances when necessary for protecting trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted pursuant to this chapter.
Section 47D. A municipal lighting plant created pursuant to the provisions of this chapter or any special law shall be exempt from the public records requirement of section 10 of chapter 66 and the open meeting requirements of section 23B of chapter 39 only in those instances when necessary for protecting trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted pursuant to this chapter when such municipal lighting plant board determines that such disclosure will adversely affect its ability to conduct business in relation to or other entities making, selling, or distributing electric power and energy pursuant to this chapter.
SECTION 198. Section 56D of said chapter 164, as appearing in the 196 Official Edition, is hereby amended by striking out the fifth and sixth sentences and inserting in place thereof the following sentence:- This section shall not apply to contracts for the supply of electricity to a municipal lighting plant.
SECTION 199. Section 57 of said chapter 164, as so appearing, is hereby amended by inserting after the word "years", in line 32, the following words:- , and for the cost of plant, nuclear decommissioning costs, the costs of contractual commitments, and deferred costs related to such commitments which the city council, the board of selectmen, or the municipal light board, if any, determines are above market value.
SECTION 200. Section 69G of said chapter 164, as so appearing, is hereby amended by striking out the definition of "Certificate" and inserting in place thereof the following definition:-
"Certificate", a certificate of environmental impact and public interest, as provided for in sections 69K and 69K½.
SECTION 201. Said section 69G of said chapter 164, as so appearing, is hereby further amended by striking out, in line 18, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 202. Said section 69G of said chapter 164, as so appearing, is hereby further amended by striking out the definition of "Facility" and inserting in place thereof the following definition:-
"Facility", (1) a generating facility; (2) a new electric transmission line having a design rating of 69 kilovolts or more and which is one mile or more in length on a new transmission corridor; (3) a new electric transmission line having a design rating of 115 kilovolts or more which is 10 miles or more in length on an existing transmission corridor except reconductoring or rebuilding of transmission lines at the same voltage; (4) an ancillary structure which is an integral part of the operation of any transmission line which is a facility; (5) a unit, including associated buildings and structures, designed for or capable of the manufacture or storage of gas, except such units below a minimum threshold size as established by regulation; and (6) a new pipeline for the transmission of gas having a normal operating pressure in excess of 100 pounds per square inch gauge which is greater than one mile in length except restructuring, rebuilding, or relaying of existing transmission lines of the same capacity.
SECTION 203. Said section 69G of said chapter 164, as so appearing, is hereby further amended by inserting after the definition of "Gas company" the following definition:-
"Generating facility", any generating unit designed for or capable of operating at a gross capacity of 100 megawatts or more, including associated buildings, ancillary structures, transmission and pipeline interconnections that are not otherwise facilities, and fuel storage facilities.
SECTION 204. Section 69H of said chapter 164, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
There is hereby established an energy facilities siting board within the department, but not under the supervision or control of the department. Said board shall implement the provisions contained in sections 69H to 69Q, inclusive, so as to provide a reliable energy supply for the commonwealth with a minimum impact on the environment at the lowest possible cost. To accomplish this, the board shall review the need for, cost of, and environmental impacts of transmission lines, natural gas pipelines, facilities for the manufacture and storage of gas, and oil facilities; provided, however, that the board shall review only the environmental impacts of generating facilities, consistent with the commonwealth's policy of allowing market forces to determine the need for and cost of such facilities. Such reviews shall be conducted consistent with section 69J¼ for generating facilities and with section 69J for all other facilities.
SECTION 205. The fifth paragraph of said section 69H of said chapter 164, as so appearing, is hereby further amended by adding the following paragraph:-
(4) The board shall have the opportunity to issue orders with respect to any matter over which it has jurisdiction. Any applicant who violates any such order shall be subject to a civil penalty not to exceed $1000 for each violation for each day that the violation persists; provided, however, that the maximum civil penalty shall not exceed $200,000 for any related series of violations.
SECTION 206. Section 69H½ of said chapter 164, as so appearing, is hereby amended by striking out, in line 20, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 207. Section 69I of said chapter 164, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
As regional plans covering longer time periods are developed, they shall be filed with the department. Neither said department, the board, nor any other person, in taking any action pursuant to sections 69I to 69J¼, inclusive, shall be subject to any of the provisions of sections 61 to 62H, inclusive, of chapter 30.
SECTION 208. Said section 69I of said chapter 164, as so appearing, is hereby further amended by adding the following two paragraphs:-
The department and the siting board shall prepare and file with the general court, by March first of each year, an annual report for the previous calendar year detailing the substance of all plans and forecasts filed pursuant to this section, any and all actions taken by the department pursuant to implementing the provisions of this section, and an analysis of the reliability and diversity of electric power and gas needs based on such filings with the department and decisions made and issued by the department.
The department is authorized to exempt any electric or gas company from any or all provisions of this section upon a determination by the department and the siting board, after notice and hearing, that an alternative process is in the public interest.
SECTION 209. Section 69J of said chapter 164, as so appearing, is hereby amended by adding the following paragraph:-
The provisions of this section shall not apply in the case of a petition to construct a generating facility, which shall be subject to the provisions of section 69J¼.
SECTION 210. Said chapter 164 is hereby further amended by inserting after section 69J the following section:-
Section 69J¼. No applicant shall commence construction of a generating facility unless a petition for approval of construction of that generating facility has been approved by the board. In addition, no state agency of the commonwealth shall issue a construction permit for any such generating facility unless the petition to construct such generating facility has been approved by the board pursuant to this section.
To streamline its review of petitions to construct generating facilities which have state of the art environmental performance characteristics, the board periodically shall conduct a rulemaking to establish a technology performance standard generating facilities emissions, including, but not limited to, emissions of sulfur dioxide, nitrogen oxides, particulate matter, fine particulates, carbon monoxide, volatile organic compounds, and heavy metals. As to each such pollutant, the performance standard shall reflect the best available control technology or the lowest achievable emissions rate, whichever would be applicable in the commonwealth for such pollutant that year. The performance standard shall also reflect the best available and most efficient technology to control and reduce water withdrawals. Such standard shall reflect emission rates that are achievable by state of the art fossil fuel generating and control technologies, as demonstrated by air permits for construction that have been issued by the department of environmental protection. The technology performance standard shall be used solely to determine whether a petition to construct a generating facility shall include information regarding other fossil fuel generation technologies. The promulgation or application of this standard shall not in any way supersede or impair the authority of the department of environmental protection with respect to these or other facilities.
A petition to construct a generating facility shall include, in such form and detail as the board shall from time to time prescribe, the following information: (i) a description of the proposed generating facility, including any ancillary structures and related facilities; (ii) a description of the environmental impacts and the costs associated with the mitigation, control, or reduction of the environmental impacts of the proposed generating facility; (iii) a description of the project development and site selection process used in choosing the design and location of the proposed generating facility; (iv) either (a) evidence that the expected emissions from the facility meet the technology performance standard in effect at the time of filing, or (b) a description of the environmental impacts, costs, and reliability of other fossil fuel generating technologies, and an explanation of why the proposed technology was chosen; and (v) any other information necessary to demonstrate that the generating facility meets the requirements for approval specified in this section.
The board shall, after public notice and a period for comment, be authorized to issue and revise its own list of guidelines. Sufficient data shall be required from the applicant by these guidelines to enable the board to review the local and regional land use impact, local and regional cumulative health impact, water resource impact, wetlands impact, air quality impact, solid waste impact, radiation impact, visual impact, and noise impact of the proposed generating facility; provided, however, that these guidelines shall not require any data related to the necessity or cost of the proposed generating facility, except for data related to the costs associated with the mitigation, control, or reduction of the environmental impacts of the proposed generating facility, and, if the proposed facility does not meet the technology performance standard in effect at the time of filing, data related to the costs, including costs associated with the mitigation, control, or reduction of environmental impacts, of other fossil fuel generating technologies. Within 60 days of the filing of a petition to construct a generating facility, the board shall conduct a public hearing in each locality in which the generating facility would be located. In addition, the board shall, within 180 days of the filing thereof, conduct public evidentiary hearings on every petition to construct a generating facility. Such evidentiary hearings shall be adjudicatory proceedings under the provisions of chapter 30A.
The board shall, within one year from the date of filing, approve a petition to construct a generating facility if the board determines that the petition meets the following requirements: (i) the description of the proposed generating facility and its environmental impacts are substantially accurate and complete; (ii) the description of the site selection process used is accurate; and (iii) the plans for the construction of the proposed generating facility are consistent with current health and environmental protection policies of the commonwealth and with such energy policies as are adopted by the commonwealth for the specific purpose of guiding the decisions of the board; (iv) such plans minimize the environmental impacts consistent with the minimization of costs associated with the mitigation, control, and reduction of the environmental impacts of the proposed generating facility; and (v) if the petitioner was required to provide information on other fossil fuel generating technologies, the construction of the proposed generating facility on balance contributes to a reliable, low-cost, diverse, regional energy supply with minimal environmental impacts. Nothing in this chapter shall be construed as requiring the board to make findings regarding the need for, the cost of, or alternative sites for a generating facility; provided, however, that the board may, at its discretion, evaluate a noticed alternative site for a generating facility if the applicant requests such an evaluation, or if such an evaluation is an efficient method of administering an alternative site review required by another state or local agency. In addition, nothing in this chapter shall be construed as requiring the board to make findings regarding alternative generating technologies for a proposed generating facility whose expected emissions meet the technology performance standard in effect at the time of filing.
If the board determines that the standards set forth above have not been met, it shall, within one year of the date of filing, either reject, in whole or in part, the petition, setting forth in writing its reasons for such rejection, or approve the petition subject to stated conditions. In the event of rejection or conditional approval, the applicant may, within 180 days, submit an amended petition. Public and evidentiary hearings on the amended petition shall be held on the same terms and conditions applicable to the original petition.
Upon fulfilling the requirements of this section, a generating facility shall be deemed to contribute to a necessary energy supply for the commonwealth with a minimum impact on the environment at the lowest possible cost. If the board approves a petition to construct a generating facility, the approval shall have no bearing or precedent-setting effect upon any department proceeding regarding the recovery of costs associated with the generating facility or upon any proceeding conducted pursuant to section 94A of this chapter.
SECTION 211. Section 69K of said chapter 164, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 3, the word "need" and inserting in place thereof the following word:- interest.
SECTION 212. Said section 69K of said chapter 164, as so appearing, is hereby further amended by striking out, in line 26, the word "need" and inserting in place thereof the following word:- interest.
SECTION 213. Said section 69K of said chapter 164, as so appearing, is hereby further amended by adding the following paragraph:-
The provisions of this section shall not apply in the case of a petition for a certificate with respect to a generating facility, which shall be subject to the provisions of section 69K½.
SECTION 214. Said chapter 164 is hereby further amended by inserting after section 69K the following section:-
Section 69K½. Any applicant that proposes to construct or operate a generating facility in the commonwealth may petition the board for a certificate of environmental impact and public interest with respect to such generating facility. The board shall consider such petition; provided, that (i) the applicant is prevented from building a generating facility because it cannot meet standards imposed by a state or local agency with reasonable and commercially available equipment; or (ii) because the processing or granting by a state or local agency of any approval, consent, permit, or certificate has been unduly delayed for any reason, including the preparation and publication of any environmental impact report required by section 62 of chapter 30; or (iii) the applicant believes there are inconsistencies among resource use permits issued by such state or local agencies; or (iv) the applicant believes that a nonregulatory issue or condition has been raised or imposed by such state or local agencies, such as, but not limited to, aesthetics and recreation; or (v) the generating facility cannot be constructed due to any disapprovals, conditions, or denials by a state or local agency or body, except with respect to any lands or interests therein, excluding public ways, owned or managed by any state agency or local government; or (vi) the facility cannot be constructed because of delays caused by the appeal of any approval, consent, permit, or certificate.
In addition to the foregoing determinations, the board shall, upon petition, consider an application for a certificate of environmental impact and public interest if it finds that any state or local agency has imposed a burdensome condition or limitation on any license or permit which has a substantial impact on the responsibilities of the board as set forth pursuant to section 69H. Any generating facility, with respect to which a certificate is issued by the board, shall thereafter be constructed, maintained, and operated in conformity with such certificate and any terms and conditions contained therein.
A certificate shall be issued only in accordance with the provisions of sections 69K to 69 O½, inclusive. Notwithstanding the provisions of any other law to the contrary, a certificate may be so issued; provided, however, that when so issued no state agency or local government shall require any approval, consent, permit, certificate, or condition for the construction, operation, or maintenance of the generating facility with respect to which the certificate is issued, and no state agency or local government shall impose or enforce any law, ordinance, by-law, rule, or regulation nor take any action nor fail to take any action which would delay or prevent the construction, operation, or maintenance of such generating facility; provided, however, that the board shall not issue a certificate, the effect of which would be to grant or modify a permit, approval, or authorization, which, if so granted or modified by the appropriate state or local agency, would be invalid because of a conflict with applicable federal water or air standards or requirements. A certificate, if issued, shall be in the form of a composite of all individual permits, approvals, or authorizations which would otherwise be necessary for the construction and operation of the generating facility, and that portion of the certificate which relates to subject matters within the jurisdiction of a state or local agency shall be enforced by said agency under the other applicable laws of the commonwealth as if it had been directly granted by the said agency.
A certificate may be transferred to any other electric company by the holder thereof, subject to the terms and conditions contained therein. The board may amend the terms and conditions of a certificate in accordance with the requirement of subsection (d) of section 69L½. Each national pollutant discharge elimination system permit issued by the board pursuant to the provisions of this chapter shall have a fixed term which shall not exceed five years and which shall commence to run when the certificate is issued.
SECTION 215. Section 69L of said chapter 164, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 1, the word "An" and inserting in place thereof the following:- Except in the case of an application for a certificate with respect to a generating facility, which shall be subject to the provisions of section 69L½, an.
SECTION 216. Said chapter 164 is hereby further amended by inserting after section 69L the following section:-
Section 69L½. (a) An applicant for a certificate pursuant to section 69K½ shall file with the board a petition, in such form as the board may prescribe, containing the following information:
(1) A description of the location of the generating facility to be constructed or operated thereon;
(2) A summary of the studies which the applicant has made of the environmental impact of the generating facility and a statement of the reasons for its choice of the location;
(3) A copy of the petition for the construction of a generating facility approved under the provisions of section 69J¼; provided, however, that this requirement may be waived by the board for emergency or unforeseen conditions which may jeopardize the health and safety of the public;
(4) A statement setting forth the reasons for the application for the certificate, which statement shall include the following: (i) all licenses, permits, and other regulatory approvals required by law for the construction or operation of the generating facility which have been granted; (ii) a representation as to the good faith effort made by the applicant to obtain from state agencies and local governments the licenses, permits, and other regulatory approvals required by law for construction or operation of the generating facility; (iii) either (a) a representation as to the inability, if any, of the applicant to comply with any law, ordinance, by-law, rule, and regulation affecting the construction or operation of the generating facility, or (b) a representation as to the applicant's inability to proceed with the construction or operation of the generating facility by reason of the denial, delay, appeal, or imposition of a burdensome condition in issuing specified licenses, permits, or approvals; and (iv) such other information as the applicant may deem relevant or the board may by regulation require; and
(5) A copy or copies of said information, studies, and other pertinent information shall be filed and made available for public inspection and copying; provided, however, that the board shall not permit disclosure, other than to another government agency concerned with the same matter, of any information, other than data pertaining to the nature or constituency of any water or air discharge, obtained by or submitted to the board pursuant to the provisions of sections 69H to 69R, inclusive, upon a showing, satisfactory to a majority of the board, that such information if made public would divulge methods or processes entitled to protection as trade secrets of any person.
(b) Each petition shall be accompanied by an affidavit of the applicant certifying that: (i) a copy of the petition and a notice as to the date on which the petition is to be filed have been served on each of the following: the mayor of each city and the board of selectmen of each town in which any part of the proposed generating facility is to be located, the secretary of each executive office, and the attorney general; and (ii) public notice thereof containing a summary of the petition and the date on which notice is to be filed was given by publication, in such manner as the board may by regulation provide.
(c) Failure to give such service or notice may be cured pursuant to an order of the board subsequent to the filing of the petition. The board may further order additional service and notice on such other persons as it deems appropriate.
(d) Each petition may be amended by the applicant at any time, subject to such reasonable requirements of notice as the board may impose. A petition for an amendment of a certificate shall be in such form and subject to such requirements of notice and hearings as the board may provide, consistent with the nature and extent of the proposed amendment.
SECTION 217. Section 69M of said chapter 164, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 2, the words "section sixty-nine L" and inserting in place thereof the following words:- section 69L or section 69L½, whichever is applicable.
SECTION 218. Said section 69M of said chapter 164, as so appearing, is hereby further amended by striking out, in line 5, the words "section sixty-nine L" and inserting in place thereof the following words:- section 69L or section 69L½, whichever is applicable,.
SECTION 219. Section 69N of said chapter 164, as so appearing, is hereby amended by striking out, in line 4, the words "section sixty-nine L" and inserting in place thereof the following words:- section 69L or section 69L½, whichever is applicable.
SECTION 220. Said section 69N of said chapter 164, as so appearing, is hereby further amended by striking out, in line 6, the words "section sixty-nine L" and inserting in place thereof the following words:- 69L or section 69L½, whichever is applicable.
SECTION 221. Section 69 O of said chapter 164, as so appearing, is hereby amended by inserting after the word "petition", in line 2, the following words:- for a certificate pursuant to section 69K.
SECTION 222. Said section 69 O of said chapter 164, as so appearing, is hereby further amended by adding the following paragraph:-
The provisions of this section shall not apply in the case of a petition for a certificate with respect to a generating facility filed pursuant to section 69K½, which shall be subject to the provisions of section 69 O½.
SECTION 223. Said chapter 164 is hereby further amended by inserting after section 69 O the following section:-
Section 69 O½. As expeditiously as possible, but in no event later than 180 days from the date of filing a petition for a certificate with regard to a generating facility pursuant to section 69K½, the board shall, by a majority vote, render a decision upon the petition either by denying the petition or by granting the petition, or by granting the petition subject to such terms and conditions as the board may determine. Neither the board nor any other person shall be bound by the requirements of sections 61 to 62H, inclusive, of chapter 30 to the extent that compliance with said requirements will prevent the board from rendering a decision upon the petition within the time limits of the section.
A certificate shall be issued only if the board determines that the issues raised by state agencies or local governments regarding the proposed generating facility have been addressed in a comprehensive manner by the board either in its approval of said generating facility under section 69J¼ or in its review under section 69K½. The board shall make its decision in writing and shall include therein its findings and opinions with respect to the following: (i) the compatibility of the generating facility with considerations of environmental protection, public health, and public safety; (ii) the extent to which construction and operation of the generating facility will fail to conform with existing state and local laws, ordinances, by-laws, rules, and regulations and reasonableness of exemption thereunder, if any, consistent with the implementation of the energy policies contained in this chapter; and (iii) the public interest or convenience requiring construction and operation of the generating facility.
SECTION 224. Section 69R of said chapter 164, as appearing in the 1996 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Any electric or gas company, generation company, or wholesale generation company may petition the department for the right to exercise the power of eminent domain with respect to the facility or facilities specified and contained in a petition submitted in accordance with section 69J or a bulk power supply substation if such electric or gas company is unable to reach agreement with the owners of land for the acquisition of any necessary estate or interest in land. The applicant shall forward, at the time of filing such petition, a copy thereof to each city, town, and property owner affected.
SECTION 225. Said section 69R of said chapter 164, as so appearing, is hereby further amended by striking out, in lines 19 and 20, the words "the community in which the greater portion of the unit is located" and inserting in place thereof the following:- in the community in which the land to be taken is located. For facilities involving takings in several communities, a public hearing or hearings shall be held in communities in proximity to the land to be taken, as determined by the department.
SECTION 226. Said section 69R of said chapter 164, as so appearing, is hereby further amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-
This section shall not be construed as abrogating the department's jurisdiction described in section 72 in respect to transmission lines or the department's jurisdiction described in sections 75B to 75G, inclusive, in respect to natural gas transmission lines.
SECTION 227. Section 76B of said chapter 164, as so appearing, is hereby amended by striking out, in line 5, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 228. Said chapter 164 is hereby further amended by striking out section 78, as so appearing, and inserting in place thereof the following section:-
Section 78. If any electric, gas, generation, transmission, or distribution company, or any supplier violates or fails to comply with the provisions of law, or violates or fails to comply with any lawful order of the department, the department shall give written notice thereof to such company or supplier and to the attorney general.
SECTION 229. Said chapter 164 is hereby further amended by striking out section 79, as so appearing, and inserting in place thereof the following section:-
Section 79. The supreme judicial or superior court shall have jurisdiction in equity, upon application of the department, to enforce its lawful orders and all laws relative to cities and towns engaged in the manufacture and sale or distribution and sale of electricity or gas, generation, transmission or distribution companies, or suppliers.
SECTION 230. Section 87 of said chapter 164, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "manufacture or sale" and inserting in place thereof the following words:- manufacture, sale or distribution.
SECTION 231. Section 92 of said chapter 164, as so appearing, is hereby amended by inserting after the word "or", in line 3, the second time it appears, the following words:- the distribution of.
SECTION 232. Said section 92 of said chapter 164, as so appearing, is hereby further amended by striking out, in line 10, the words "electricity or".
SECTION 233. Section 92A of said chapter 164, as so appearing, is hereby amended by striking out, in line 2, the words "or electricity".
SECTION 234. Said section 92A of said chapter 164, as so appearing, is hereby further amended by striking out, in line 5, the words "or electricity".
SECTION 235. Said section 92A of said chapter 164, as so appearing, is hereby further amended by striking out, in line 9, the words "or electricity".
SECTION 236. Said section 92A of said chapter 164, as so appearing, is hereby further amended by striking out, in line 15, the words "or electricity".
SECTION 237. The last paragraph of section 94 of said chapter 164, as so appearing, is hereby amended by adding the following sentence:- Generation companies and suppliers shall be exempt from the provisions of this section.
SECTION 238. Section 94A of said chapter 164, as so appearing, is hereby amended by adding the following sentence:- The department is authorized to exempt any electric or generation company from any or all of the provisions of this section upon a determination by the department, after notice and a hearing, that an alternative process or incentive mechanism is in the public interest.
SECTION 239. Section 94G of said chapter 164, as so appearing, is hereby amended by adding the following subsection:-
(g) The department is authorized to exempt any electric or generation company or supplier from any or all of the provisions of this section upon a determination by the department, after notice and a hearing, that an alternative process or incentive mechanism is in the public interest.
SECTION 240. Section 94G½ of said chapter 164, as so appearing, is hereby amended by adding the following paragraph:-
The department is authorized to exempt any electric, generation, or gas company from any or all of the provisions of this section upon a determination by the department, after notice and a hearing, that an alternative process or incentive mechanism is in the public interest.
SECTION 241. Section 95 of said chapter 164, as so appearing, is hereby amended by striking out, in line 2, the words "manufacture or sale" and inserting in place thereof the following words:- manufacture, sale, or distribution.
SECTION 242. Section 96 of said chapter 164, as so appearing, is hereby amended by inserting after the word "companies", in line 4, the following:- or to a wholesale generation company.
SECTION 243. Said section 96 of said chapter 164, as so appearing, is hereby further amended by inserting after the word "interest", in line 12, the following words:- ; provided, however, that the purchase or sale of properties by, or the consolidation or merger of, wholesale generation companies shall not require departmental approval.
SECTION 244. Said chapter 164 is hereby further amended by inserting after section 102B the following section:-
Section 102C. (a) The attorney general is hereby authorized to bring an action under section 4 of chapter 93A to enforce the consumer protection provisions of sections 1B, 1C, 1D, 1E, 1F, and 137 of this chapter and to obtain restitution, civil penalties, injunctive relief and any other relief awarded pursuant to said chapter 93A. At the attorney general's discretion, pursuant to subsection (c) of section 2 of said chapter 93A, the attorney general shall promulgate rules and regulations relative to methods, acts, and practices of electric and generation companies and suppliers.
(b) All electric companies, aggregators, marketers, and all suppliers doing business in the commonwealth shall submit to arbitration, if such arbitration is requested by a retail electric customer or any company or other such entity organized and governed pursuant to the provisions of this chapter alleging an unfair or deceptive trade practice by its retail electric suppliers or electric company. The department shall, in coordination with the office of consumer affairs, promulgate rules and regulations to implement this section to provide for the expeditious treatment of complaints brought by any retail consumer. Said rules and regulations shall include, but not be limited to, a description of the procedures available to redress violations of the rules and regulations and afford said consumers the opportunity to participate in a voluntary mediation process with the supplier or electric company to settle the claim without recourse to arbitration, and a provision that any violation of said rules and regulations shall be deemed an unfair and deceptive act pursuant to the provisions of chapter 93A. Said arbitration shall be performed by the department or by a state-certified professional arbitrator or arbitration firm appointed by the department and operating in accordance with the rules and regulations promulgated by the department.
SECTION 245. Section 125A of said chapter 164, as appearing in the 1996 Official Edition, is hereby amended by inserting after the word "company", in line 1, the following words:- , generation company, wholesale generation company, or supplier.
SECTION 246. Section 128 of said chapter 164, as so appearing, is hereby amended by inserting after the word "distribution", in line 2, the following words:- or only distribution,.
SECTION 247. Said chapter 164 is hereby further amended by adding the following four sections:-
Section 134. (a) Any municipality or any group of municipalities acting together within the commonwealth is hereby authorized to aggregate the electrical load of interested electricity consumers within its boundaries; provided, however, that such municipality or group of municipalities shall not aggregate electrical load if such are served by an existing municipal lighting plant. Such municipality or group of municipalities may group retail electricity customers to solicit bids, broker, and contract for electric power and energy services for such customers. Such municipality or group of municipalities may enter into agreements for services to facilitate the sale and purchase of electric energy and other related services. Such service agreements may be entered into by a single city, town, county, or by a group of cities, towns, or counties.
A municipality or group of municipalities which aggregates its electrical load and operates pursuant to the provisions of this section shall not be considered a utility engaging in the wholesale purchase and resale of electric power. Providing electric power or energy services to aggregated customers within a municipality or group of municipalities shall not be considered a wholesale utility transaction. The provision of aggregated electric power and energy services as authorized by this section shall be regulated by any applicable laws or regulations which govern aggregated electric power and energy services in competitive markets.
A town may initiate a process to aggregate electrical load upon authorization by a majority vote of town meeting or town council. A city may initiate a process to authorize aggregation by a majority vote of the city council, with the approval of the mayor, or the city manager in a Plan D or Plan E city. Two or more municipalities may as a group initiate a process jointly to authorize aggregation by a majority vote of each particular municipality as herein required.
Upon an affirmative vote to initiate said process, a municipality or group of municipalities establishing load aggregation pursuant to this section shall, in consultation with the division of energy resources, pursuant to section 6 of chapter 25A, develop a plan, for review by its citizens, detailing the process and consequences of aggregation. Any municipal load aggregation plan established pursuant to this section shall provide for universal access, reliability, and equitable treatment of all classes of customers and shall meet any requirements established by law or the department concerning aggregated service. Said plan shall be filed with the department, for its final review and approval, and shall include, without limitation, an organizational structure of the program, its operations, and its funding; rate setting and other costs to participants; the methods for entering and terminating agreements with other entities; the rights and responsibilities of program participants; and termination of the program. Prior to its decision, the department shall conduct a public hearing. The department shall not approve any such plan if the price for energy would initially exceed the price of the standard offer, as established pursuant to section 1B of this chapter, for such citizens in the municipality or group of municipalities, unless the applicant can demonstrate that the price for energy under the aggregation plan will be lower than the standard offer in the subsequent years or the applicant can demonstrate that such excess price is due to the purchase of renewable energy as described by the division of energy resources pursuant to chapter 25A.
Participation by any retail customer in a municipal or group aggregation program shall be voluntary. If such aggregated entity is not fully operational on the retail access date, any ratepayer to be automatically enrolled therein shall receive standard offer service unless affirmatively electing not to do so. Within 30 days of the date the aggregated entity is fully operational, such ratepayers shall be transferred to the aggregated entity according to an opt-out provision herein. Following adoption of aggregation through the votes specified above, such program shall allow any retail customer to opt-out and choose any supplier or provider such retail customer wishes. Once enrolled in the aggregated entity, any ratepayer choosing to opt-out within 180 days shall do so without penalty and shall be entitled to receive standard offer service as if he was originally enrolled therein. Nothing in this section shall be construed as authorizing any city or town or any municipal retail load aggregator to restrict the ability of retail electric customers to obtain or receive service from any authorized provider thereof.
It shall be the duty of the aggregated entity to fully inform participating ratepayers in advance of automatic enrollment that they are to be automatically enrolled and that they have the right to opt-out of the aggregated entity without penalty. In addition, such disclosure shall prominently state all charges to be made and shall include full disclosure of the standard offer rate, how to access it, and the fact that it is available to them without penalty. The division of energy resources shall furnish, without charge, to any citizen a list of all other supply options available to them in a meaningful format that shall enable comparison of price and product.
(b) A municipality or group of municipalities establishing a load aggregation program pursuant to subsection (a) may, by a vote of its town meeting or legislative body, whichever is applicable, adopt an energy plan which shall define the manner in which the municipality or municipalities may implement demand side management programs and renewable energy programs that are consistent with any state energy conservation goals developed pursuant to chapter 25A or chapter 164. After adoption of the energy plan by such town meeting or other legislative body, the city or town clerk shall submit the plan to the department to certify that it is consistent with any such state energy conservation goals. If the plan is certified by the department, the municipality or group of municipalities may apply to the Massachusetts Technology Park Corporation for monies from the Massachusetts Renewable Energy Trust Fund, established pursuant to subsection (a) of chapter 40J, and receive, and if approved, expend moneys from the demand side management system benefit charges or line charges in an amount not to exceed that contributed by retail customers within said municipality or group municipalities. This will not prevent said municipality or municipalities from applying to the Massachusetts Technology Park Corporation for additional funds. If the department determines that the energy plan is not consistent with any such state-wide goals, it shall inform the municipality or group of municipalities within six months by written notice the reasons why it is not consistent with any such state-wide goals. The municipality or group of municipalities may re-apply at anytime with an amended version of the energy plan.
The municipality or group of municipalities shall not be prohibited from proposing for certification an energy plan which is more specific, detailed, or comprehensive or which covers additional subject areas than any such state-wide conservation goals. This subsection shall not prohibit a municipality or group of municipalities from considering, adopting, enforcing, or in any other way administering an energy plan which does not comply with any such state-wide conservation goals so long as it does not violate the laws of the commonwealth.
The municipality or group of municipalities shall, within two years of approval of its plan or such further time as the department may allow, provide written notice to the department that its plan is implemented. The department may revoke certification of the energy plan if the municipality or group of municipalities fails to substantially implement the plan or if it is determined by independent audit that the funds were misspent within the time allowed under this subsection.
Section 135. Any for-profit corporation, non-profit corporation, or quasi-public authority, organized pursuant to the laws of the commonwealth, is hereby authorized to establish a corporate retail load aggregator for the purpose of purchasing bulk electricity to serve affiliated corporations or affiliated business units organized pursuant to the laws of the commonwealth which are not sited within the boundaries of a municipal light department within the commonwealth. A corporate retail load aggregator shall be authorized (i) to purchase electricity from any entity authorized to sell electricity; (ii) to sell electricity at retail to any corporate affiliate or business unit located outside of the boundaries of communities served by municipal light departments within the commonwealth; and (iii) to enter into such contracts and agreements as are necessary or appropriate to provide such service. A corporate retail load aggregator shall be prohibited from engaging in the generation of electric power and from owning or operating any facilities for the transmission or distribution of electric power, with the exception of meters.
A corporation may establish a corporate retail load aggregator upon authorization by a majority vote of its board of directors. After a corporation has voted to establish a corporate retail load aggregator, the secretary of the corporation shall forthwith transmit to the department a certified copy thereof. A corporation that has established a corporate retail load aggregator shall appoint, by a majority vote of its board of directors or, as the case may be, a manager or a managing board of the corporate retail load aggregator. Such manager or managing board shall have full charge of the operation and management of the corporate retail load aggregator; the entry into contracts and agreements pursuant to which power will be purchased and sold; the employment of attorneys, agents, and servants; the collection of bills; and the keeping of accounts. At the discretion of the corporation, corporate officials may serve as such manager or on such managing board. The compensation and term of office of such manager or managing board shall be fixed by the corporation.
Nothing in this section shall be construed as relieving any company which provides generation, transmission, or distribution of electricity or any combination thereof, from any obligation relative to the transmission and distribution of electricity to the corporation forming a corporate retail load aggregator.
Corporate load aggregators shall be subject to any rules and regulations promulgated by the department through existing statute or amendments thereto, including licensure requirements.
Section 136. (a) Any number of persons may associate themselves together as a cooperative, with or without capital stock, for the transaction of any lawful business associated with the purchase, acquisition, distribution, sale, resale, supply, and disposition of energy or energy-related services to wholesale or retail customers, subject to federal and state laws and regulations. Unless otherwise served by a municipal light plant constructed or acquired pursuant to the provisions of this chapter or special law, any natural person, firm, corporation, business trust, partnership, public or private agency, non-profit organization or corporation, cooperative, or local municipality may become a member or shareholder of a cooperative. Such member or shareholder may thus access any services the cooperative has to offer and participate in the governance of the cooperative as provided in this subsection or by the bylaws of the cooperative.
(b) A cooperative may be established for any purpose outlined in subsection (a) of this section that may lawfully be carried out by any other corporation; provided, that a cooperative shall be organized and shall conduct its business primarily for the mutual benefit of its members as patrons of the cooperative. A cooperative shall have all of the powers of a natural person, including the power to participate with others in any partnership, joint venture, or other association, transaction, or arrangement of any kind. In addition, each cooperative subject to this chapter shall have the following powers:
(i) To have perpetual succession by its corporate name unless a limited period of duration is stated in the articles of incorporation;
(ii) To sue and be sued, complain, and defend its corporate name;
(iii) To have and use a corporate seal;
(iv) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and deal in and with real or personal property or any interest therein, wherever situated;
(v) To sell, convey, mortgage, pledge, lease, exchange, transfer, or otherwise dispose of all or any part of its property and assets;
(vi) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, use, and deal in and with shares or other interest in, or obligations of, other domestic or foreign corporations, associations, partnerships, or individuals, or direct or indirect obligations of the United States or any other government, state, territory, governmental district, or municipality, or any instrumentality thereof;
(vii) To make contracts and incur liabilities, borrow money at rates of interest the cooperative may determine, issue notes, bonds, certificates of indebtedness, and other obligations, receive funds from members and pay interest thereon, issue capital stock and certificates representing equity interests in assets, allocate earnings and losses at the times and in the manner the articles of incorporation or bylaws or other contract specify, create book credits, capital funds, and reserves, and secure obligations by mortgage or pledge of any of its property, franchises, and income;
(viii) To lend money for corporate purposes, invest and reinvest funds, and take and hold real and personal property as security for the payment of funds loaned or invested;
(ix) To conduct business, carry on operations, have offices, and exercise the powers granted by this subsection, within or without this commonwealth;
(x) To elect or appoint officers and agents of the corporation, define their duties, and fix their compensation;
(xi) To make and alter bylaws, not inconsistent with its articles of incorporation or with the laws of this commonwealth, for the administration and regulation of the affairs of the cooperative;
(xii) To make donations for the public welfare or for charitable, scientific, or educational purposes;
(xiii) To pay pensions and establish pension plans, pension trusts, profit-sharing plans, stock bonus plans, stock option plans, and other incentive plans for any or all of its directors, officers, and employees;
(xiv) To be a partner, member, associate, or manager of any partnership, joint venture, trust, or other enterprise;
(xv) To cease corporate activities and surrender its corporate franchise;
(xvi) To purchase, acquire, distribute, sell, resell, supply, and dispose of energy or other services;
(xvii) To purchase, acquire, distribute, sell, resell, supply, and provide any energy or energy-related services to wholesale or retail customers;
(xviii) To have access on comparable terms to energy transportation systems for delivery of energy to its members and other customers;
(xix) To sell electricity to any consumer, including, but not limited to, a consumer that receives electric distribution, transmission, or other services from an entity other than the cooperative organized under subsection (a), other than consumers served by municipal light plants, that is selling such electricity to such consumer; provided, that an entity providing such distribution, transmission, or other services shall provide non-discriminatory access and pricing for the use of its property and services and shall otherwise facilitate such transactions;
(xx) To contract with natural persons, firms, corporations, business trusts, partnerships, public and private agencies, non-profit organizations and corporations, other cooperatives, and local municipalities to accomplish any purposes of the cooperative; and
(xxi) To have and exercise all powers necessary or convenient to effect its purposes.
(c) A cooperative organized pursuant to this section shall be managed by a board of not less than three directors. The directors shall be elected by and from the members of the cooperative at such time, in such manner, and for such term of office as the bylaws may prescribe and shall hold office during the term for which they were elected and until their successors are elected and qualified. Any vacancy occurring in the board of directors, and any directorship to be filled by reason of an increase in the number of directors, may be filled by the board of directors unless the articles of incorporation or the bylaws provide that a vacancy or directorship so created shall be filled in some other manner. A director elected or appointed to fill a vacancy shall be elected or appointed for the unexpired term of the predecessor in office.
(d) Any cooperative organized pursuant to the provisions of this section may enact bylaws to govern itself in the implementation of the provisions of this section which are not inconsistent with the provisions of this section.
(e) The right of a member of a cooperative to vote may be limited, enlarged, or denied to the extent specified in the articles of incorporation or bylaws. Unless so limited, enlarged, or denied, each member shall be entitled to one vote on each matter submitted to a vote of members.
(f) A member of the board of directors or an officer of any cooperative subject to the provisions of this section shall have immunity from liability equivalent to that granted to directors and officers of for-profit corporations in the commonwealth. Except for debts lawfully contracted between a member and the cooperative, no member shall be liable for the debts of the cooperative to an amount exceeding the sum remaining unpaid on his or her membership fee or subscription to capital stock.
Section 137. Notwithstanding any general or special law, rule, or regulation to the contrary, any non-profit institution in the commonwealth or any agency, executive office, department, board, commission, bureau, division, or authority of the commonwealth, including the executive, legislative, and judicial branches of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, may, unless located within the boundaries of a community served by a municipal light department, participate in and become a member of any program organized and administered, pursuant to the provisions of this chapter, by or on behalf of any public instrumentality of the commonwealth or of any subsidiary organization thereof for the purpose of group purchasing of electricity, natural gas, telecommunications services, or similar products.
SECTION 248. Section 1 of chapter 164A of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 3, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 249. Section 8 of said chapter 164A, as so appearing, is hereby amended by striking out, in lines 73 and 74, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 250. Section 1 of chapter 165 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 251. Section 28 of said chapter 165, as so appearing, is hereby amended by striking out, in line 3, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 252. Section 4 of chapter 166 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 253. Section 7 of said chapter 166, as so appearing, is hereby amended by striking out, in line 6, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 254. Section 8 of said chapter 166, as so appearing, is hereby amended by striking out, in line 9, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 255. Section 11 of said chapter 166, as so appearing, is hereby amended by striking out, in line 3, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 256. Section 15E of said chapter 166, as so appearing, is hereby amended by striking out, in line 62, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 257. Said section 15E of said chapter 166, as so appearing, is hereby further amended by striking out, in line 65, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 258. Said section 15E of said chapter 166, as so appearing, is hereby further amended by striking out, in line 71, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 259. Said section 15E of said chapter 166, as so appearing, is hereby further amended by striking out, in lines 76 and 77, the words "Department of Public Utilities" and inserting in place thereof the following words:- said department's.
SECTION 260. Said section 15E of said chapter 166, as so appearing, is hereby further amended by striking out, in line 83, the letters "D.P.U." and inserting in place thereof the following words:- said department's.
SECTION 261. Said section 15E of said chapter 166, as so appearing, is hereby further amended by striking out, in line 125, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 262. Said section 15E of said chapter 166, as so appearing, is hereby further amended by striking out, in line 131, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 263. Section 22A of said chapter 166, as so appearing, is hereby amended by striking out, in line 5, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 264. Section 22L of said chapter 166, as so appearing, is hereby amended by striking out, in line 4, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 265. Section 25A of said chapter 166, as so appearing, is hereby amended by striking out, in line 24, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 266. Said section 25A of said chapter 166, as so appearing, is hereby further amended by striking out the last paragraph and inserting in place thereof the following two paragraphs:-
No attachments shall be made without the consent of the utility to the poles, towers, piers, abutments, conduits, manholes, and other fixtures necessary to sustain, protect, or operate the wires or cables of any lines used principally for the supply of electricity in bulk.
Said department, pursuant to the provisions of this section, shall determine a just and reasonable rate for the use of poles and communication ducts and conduits of a utility for attachments of a licensee by assuring the utility recovery of not less than the additional costs of making provision for attachments nor more than the proportional capital and operating expenses of the utility attributable to that portion of the pole, duct, or conduit occupied by the attachment. Such portion shall be computed by determining the percentage of the total usable space on a pole or the total capacity of the duct or conduit that is occupied by the attachment.
SECTION 267. Section 27 of said chapter 166, as so appearing, is hereby amended by striking out, in line 6, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 268. Section 44 of said chapter 166, as so appearing, is hereby amended by striking out, in line 11, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 269. Said section 44 of said chapter 166, as so appearing, is hereby further amended by striking out, in line 25, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 270. Section 1 of chapter 166A of the General Laws, as amended by section 110 of chapter 43 of the acts of 1997, is hereby further amended by striking out the definition of "Community antenna television system" or "CATV system" and inserting in place thereof the following two definitions:-
"Commission", the commission appointed pursuant to section 2 of chapter 25.
"Community antenna television system" or "CATV system", a facility as defined by federal law at 47 USC section 522 (7).
SECTION 271. Said section 1 of said chapter 166A, as most recently amended by said section 33 of chapter 88 of the acts of 1997, is hereby further amended by striking out the definition of "Director" and inserting in place thereof the following definition:-
"Department", the department of telecommunications and energy established pursuant to chapter 25.
SECTION 272. Said section 1 of said chapter 166A, as most recently amended by said section 33 of said chapter 88, is hereby further amended by striking out the definition of "Licensee" and inserting in place thereof the following definition:-
"Licensee", a person who is issued a license pursuant to section 3.
SECTION 273. Section 2 of said chapter 166A, as most recently amended by section 35 of said chapter 88, is hereby further amended by striking out the first three paragraphs and inserting in place thereof the following paragraph:-
There shall be established in the department of telecommunications and energy a division of community antenna television. Subject to the provisions of section 4 of chapter 25, the chairman of the department shall designate a director of said division who shall have the full scope of authority of all of the provisions of this chapter, including, but not limited to, presiding at hearings pursuant to section 2A; the right to maintain or intervene in an action pursuant to section 12; the authority to hear appeals and issue enforcement orders pursuant to section 14; the authority to regulate rates pursuant to section 15; the authority to promulgate rules and regulations pursuant to section 16; its enforcement powers pursuant to section 17; and all other authority to carry out the duties and responsibilities of this chapter. Appeals of any decision, order, or ruling of the director may be brought within 14 days of the issuance of said decision to the full body of the commissioners of the department. When so requested by any party interested, the department shall rule upon any question of substantive law properly arising in the course of any proceeding before the division within 14 days. Except as otherwise provided in this chapter, appeals taken from orders of the department shall be governed by section 5 of chapter 25.
SECTION 274. Said section 10 of said chapter 166A is hereby amended by striking out, in line 6, as appearing in the 1996 Official Edition, the words "every three months" and inserting in place thereof the following:- annually.
SECTION 275. Section 12 of said chapter 166A, inserted by section 124 of said chapter 43, is hereby further amended by striking out the words "division and the consumer's council" and inserting in place thereof the following word:- department.
SECTION 276. Section 5 of chapter 167B of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 78, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 277. Section 20 of said chapter 167B, as so appearing, is hereby further amended by striking out, in line 55, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 278. Section 1 of chapter 182 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 279. Section 32 of chapter 184 of the General Laws, as so appearing, is hereby amended by striking out, in line 96, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 280. Section 5 of chapter 187 of the General Laws, as so appearing, is hereby amended by striking out, in line 17, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 281. Said section 5 of said chapter 187, as so appearing, is hereby further amended by striking out, in line 23, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 282. Section 76 of chapter 233 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 283. Section 34 of chapter 262 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 56, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 284. Said section 34 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 60, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 285. Said section 34 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 66, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 286. Said section 34 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 70, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 287. Section 44 of said chapter 262, as so appearing, is hereby amended by striking out, in line 1, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 288. Section 120D of chapter 266, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 41, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 289. Section 6 of chapter 268 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 3, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 290. Section 33 of said chapter 268, as so appearing, is hereby amended by striking out, in line 6, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 291. Chapter 268A of the General Laws is hereby amended by inserting after section 8A the following section:-
Section 8B. No member of the department of telecommunications and energy commission, appointed pursuant to section 2 of chapter 25, shall, within one year after his service has ceased or terminated on said commission, be employed by, or lobby said commission on behalf of, any company or regulated industry over which said commission had jurisdiction during the tenure of such member of the commission.
SECTION 292. Section 17B of chapter 271 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 3, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 293. Chapter 614 of the acts of 1968 is hereby amended by striking out section 1 and inserting in place thereof the following section:-
Section 1. Declaration of Policy. - It is hereby declared that, for the benefit of the people of the commonwealth, the increase of their commerce, welfare, and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities; that it is essential that institutions for higher education within the commonwealth be provided with appropriate additional means to assist such youth in achieving the required levels of learning and development of their intellectual and mental capacities; that it is essential that hospitals and other charitable institutions within the commonwealth be provided with appropriate additional means to expand, enlarge, and establish health care, hospital, ch