Whereas , The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a comprehensive framework for the restructuring of the electric utility industry, to establish consumer electricity rate savings by March 1, 1998, and to make certain other changes in law, necessary or appropriate to effectuate important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. It is hereby found and declared that:
(a) electricity service is essential to the health and well-being of all residents of the commonwealth, to public safety, and to orderly and sustainable economic development;
(b) affordable electric service should be available to all consumers on reasonable terms and conditions;
(c) ratepayers and the commonwealth will be best served by moving from (i) the regulatory framework extant on July 1, 1997, in which retail electricity service is provided principally by public utility corporations obligated to provide ultimate consumers in exclusive service territories with reliable electric service at regulated rates, to (ii) a framework under which competitive producers will supply electric power and customers will gain the right to choose their electric power supplier;
(d) the existing regulatory system results in among the highest, residential and commercial electricity rates paid by customers throughout the United States;
(e) such extraordinarily high electricity rates have created significant adverse effects on consumers and on the ability of businesses located in the commonwealth to compete in regional, national, and international markets;
(f) the introduction of competition in the electric generation market will encourage innovation, efficiency, and improved service from all market participants, and will enable reductions in the cost of regulatory oversight;
(g) competitive markets in generation should (i) provide electricity suppliers with the incentive to operate efficiently, (ii) open markets for new and improved technologies, (iii) provide electricity buyers and sellers with appropriate price signals, and (iv) improve public confidence in the electric utility industry;
(h) since reliable electric service is of utmost importance to the safety, health, and welfare of the commonwealth's citizens and economy, electric industry restructuring should enhance the reliability of the interconnected regional transmission systems, and provide strong coordination and enforceable protocols for all users of the power grid;
(i) it is vital that sufficient supplies of electric generation will be available to maintain the reliable service to the citizens and businesses of the commonwealth; and that
(j) the commonwealth should ensure that universal service and energy conservation policies, activities, and services are appropriately funded and available throughout the commonwealth, and should guard against the exercise of vertical market power and the accumulation of horizontal market power;
(k) long-term rate reductions can be achieved most effectively by increasing competition and enabling broad consumer choice in generation service, thereby allowing market forces to play the principal role in determining the suppliers of generation for all customers;
(l) the primary elements of a more competitive electricity market will be customer choice, preservation and augmentation of consumer protections, full and fair competition in generation, and enhanced environmental protection goals;
(m) the interests of consumers can best be served by an expedient and orderly transition from regulation to competition in the generation sector consisting of the unbundling of prices and services and the functional separation of generation services from transmission and distribution services;
(n) the restructuring of the existing electricity system should not undermine the policy of the commonwealth that electricity bills for low income residents should remain as affordable as possible;
(o) the commonwealth should enter into a compact with the other New England states and New York State, that provides incentives for the public and investor owned electricity utilities located in such states to sell energy to retail customers in Massachusetts which adheres to enforceable standards and protocols and protects the reliability of interconnected regional transmission and distribution systems;
(p) since reliable electricity service depends on conscientious inspection and maintenance of transmission and distribution systems, to continue and enhance the reliability of the delivery of electricity, the regional network and the commonwealth, the department of telecommunications and energy should set stringent and comprehensive inspection, maintenance, repair, replacement, and system service standards;
(q) the transition to expanded customer choice and competitive markets may produce hardships for employees whose working lives were dedicated to their employment;
(r) it is preferable that possible reductions in the workforce directly caused by electricity restructuring be accomplished through collective bargaining negotiations and offers of voluntary severance, retraining, early retirement, outplacement, and related benefits;
(s) the transition to a competitive generation market should be orderly and be completed as expeditiously as possible, should protect electric system reliability, and should provide electricity corporation investors with a reasonable opportunity to recover prudently incurred costs associated with generation-related assets and obligations, within a reasonable and fair deregulation framework consistent with the provisions of this act;
(t) the recovery of such prudently incurred costs shall occur only after such electric companies take all practicable measures to mitigate stranded investments during the transition to a competitive market;
(u) such charges associated with the transition should be collected over a specific period of time on a non-bypassable basis and in a manner that does not result in an increase in rates to customers of electricity corporations;
(v) financial mechanisms should be available that allow electricity corporations to securitize that portion of their transition costs which cannot be divested in the marketplace and which concurrently minimize transition charges to consumers;
(w) the initial benefit of this transition to a competitive market shall result in consumer electricity rate reductions of at least 10 per cent beginning on March 1, 1998, as part of an aggregate rate reduction totaling at least 15 per cent upon the subsequent approval of divestiture and securitization; and
(x) the general court seeks, through the enactment of this legislation, to establish the parameters upon which a restructuring of the electricity industry shall be based and which reflects the public policy decisions for the commonwealth designed to balance the needs of all participants in the existing and future systems;
Therefore, it is found that it is in the public interest of the commonwealth to promote the prosperity and general welfare of its citizens, a public purpose for which public money may be expended, by restructuring the electricity industry in the commonwealth to foster competition and promote reduced electricity rates through the enactment of the following statutory changes.
SECTION 2. Section 91 of chapter 6 of the General Laws, as appearing in the 1996 Official Edition, 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 3. Section 18D of chapter 6A of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 49, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 4. Section 18E of said chapter 6A, 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 5. Section 18F of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 6. Said section 18F of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 6, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 7. Chapter 10 of the General Laws is hereby amended by adding the following section:-
Section 62. There shall be established and set up on the books of the commonwealth a separate fund known as the Ratepayer Parity Trust Fund. There shall be credited to such fund all personal and corporate tax revenues attributable to the sale of assets relative to section 1A of chapter 164, all penalties and fines collected under the provisions of said section 1A and sections 1B to 1H, inclusive, of said chapter 164, and any income derived from investment of amounts credited to said fund. Amounts credited to said fund shall be received and held in trust and shall be used solely for the purpose of providing extraordinary assistance in achieving the required rate reduction provided by said section 1A to 1H, inclusive, of said chapter 164 to be expended, subject to appropriation, for said purposes. Prior to any appropriation being made by the general court, the department of telecommunications and energy shall file with the secretary of administration and finance a request for distribution of such monies in said fund as may be available for appropriation.
SECTION 8. Section 11E of chapter 12 of the General Laws, as appearing in the 1996 Official Edition, 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 9. Section 18A of chapter 21A of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 50, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 10. Said section 18A of said chapter 21A, 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 11. Said section 18A of said chapter 21A, as so appearing, is hereby further amended by striking out, in line 73, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 12. Said section 18A of said chapter 21A, as so appearing, is hereby further amended by striking out, in line 77, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 13. Said section 18A of said chapter 21A, as so appearing, is hereby further amended by striking out, in line 79, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 14. Section 7 of chapter 21C of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 57, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 15. Said section 7 of said chapter 21C, as so appearing, is hereby further amended by striking out, in line 67, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 16. Section 8 of said chapter 21C, as so appearing, is hereby amended by striking out, in line 13, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 17. Section 5 of chapter 21E of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 243, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 18. Section 19 of chapter 21G of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 2, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 19. Said section 19 of said chapter 21G, as so appearing, is hereby further amended by striking out, in line 4, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 20. Said section 19 of said chapter 21G, as so appearing, is hereby further amended by striking out, in line 10, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 21. Section 3D of chapter 23A of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 37, the word "or" and inserting in place thereof the following:- authority;.
SECTION 22. Said section 3D of said chapter 23A, as so appearing, is hereby further amended by striking out clause (G) and inserting in place thereof the following two clauses:-
(G) the designated area has a commercial vacancy rate of 20 per cent or more; or
(H) the municipality has sited within it a generation facility, as defined pursuant to section 1 of chapter 164, which has a market value at the time of sale that is at least 50 per cent less than its current net book value.
SECTION 23. Section 3E of said chapter 23A, as so appearing, is hereby amended by inserting after the letters "EOA", in line 15, the following words:- or the municipality has sited within it a generation facility, as defined pursuant to section 1 of chapter 164, which has a market value at the time of sale that is at least 50 per cent less than its current net book value.
SECTION 24. Section 32 of said chapter 23A, as so appearing, is hereby amended by striking out, in line 97, the word "enterprise." and inserting in place thereof the following words:- enterprise; and
(v) to issue electric rate reduction bonds, as defined in section 1H of chapter 164, for the benefit of any electric company, as defined in section 1 of chapter 164, determined to be eligible for said bond financing by the department of telecommunications and energy pursuant to said chapter 164. Such electric rate reduction bonds shall constitute "bonds" for purposes of sections 35D to 35K, inclusive, and section 36.
SECTION 25. Section 1 of chapter 24A of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 16, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 26. Said section 1 of said chapter 24A, as so appearing, is hereby further amended by striking out, in line 27, the word "and".
SECTION 27. Said section 1 of said chapter 24A, as so appearing, is hereby further amended by inserting after the word "five", in line 27, the following words:- ; and (4) the division of energy resources established under the provisions of section 1 of chapter 25A.
SECTION 28. Section 1 of chapter 25 of the General Laws, as appearing in the 1996 Official Edition, 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 29. Said chapter 25 is hereby further amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-
Section 2. The department shall be under the supervision and control of a commission consisting of five members, one of whom shall have a background and expertise in electricity and energy issues, including issues related to natural gas, one of whom shall have a background and expertise in telecommunications issues, one of whom shall have a background and expertise in consumer protection and advocacy issues, and one of whom shall have a background and expertise in cable television issues. Beginning January 1, 1998, the commissioners shall be appointed by the governor for a term of three years; provided, however, that the initial term of appointment for two members shall be one year, the initial term of appointment for two members shall be two years, and the initial term of appointment for one member who shall be designated the chairman by the governor shall be three years. Each member shall hold office until the appointment and qualifications of his successor. The governor may remove any member for cause, including, but not limited to, any violation of the provisions of section 3, and shall fill any vacancy for the unexpired term. The commissioners shall devote their full time to the duties of their office. The governor shall designate one of said commissioners as chairman. Not more than three members of said commission shall be members of the same political party. Except as otherwise provided for in section 4, any decision made or order issued by the commission may be made by majority vote of a quorum of three members. In this chapter, said commission shall be called "the commission".
The initial base salary of the chairman of the commission shall be $90,000, and the initial base salary of the other members shall be $82,500. Said salaries shall be subject to step increases consistent with the provisions of sections 45 and 46C of chapter 30. The members shall receive necessary expenses incurred in the discharge of their official duties.
The commission shall make an annual report of its activities in January of each year to the general court.
SECTION 30. Said chapter 25 is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-
Section 3. Each commissioner shall be sworn to the faithful performance of his or her official duties. A commissioner shall not own, or be in the employ of, or own any stock in any regulated industry company, nor shall he or she be in any way directly or indirectly pecuniarily interested in or connected with any such regulated industry company or in the employ or connected with any person financing any regulated industry company. A commissioner shall not personally or through any partner or agent render any professional service or make or perform any business contract with or for any regulated industry company, except contracts made with the commissioners as common carriers for furnishing of services, nor shall he or she directly or indirectly receive any commission, bonus, discount, present, or reward from any regulated industry company.
For the purposes of this section and the provisions of chapter 164, a regulated industry company shall be defined as any corporation, city, town or other governmental subdivision, partnership or other organization, or any individual engaged within the commonwealth in any business which is, or the persons engaged in which are, in any respect made subject to the supervision or regulation of the department by any provision of law except chapter 110A of the General Laws and chapter 651 of the Acts of 1910, as amended.
SECTION 31. Section 4 of said chapter 25, as so appearing, is hereby amended by striking out, in line 16, the word "one" and inserting in place thereof the following word:- two.
SECTION 32. Said section 4 of said chapter 25, as so appearing, is hereby further amended by striking out, in line 17, the word "two" and inserting in place thereof the following word:- three.
SECTION 33. Said chapter 25 is hereby further amended by inserting after section 12E the following section:-
Section 12E½. There is hereby established within the department and under the supervision and control of the commission a division of telecommunications. The division, subject to such supervision and control, shall perform such functions as the commission may determine in relation to the administration, implementation, and enforcement of the department's authority over the telecommunications industry, including, but not limited to, the authority granted by chapters 25, 30A, 159, and 166. The chairman of the commission shall appoint and may remove a director of the division. The job group classification of the director's position, in accordance with section 46C of chapter 30, shall be determined by the chairman in consultation with the commissioner of administration. The commission shall annually prepare and submit to the governor and the general court, on or before the first Wednesday of November, a report of the division's activity and of the condition of the telecommunications industry within the commonwealth during the preceding fiscal year, together with recommendations which the commission considers necessary or desirable.
SECTION 34. Section 12M of said chapter 25 is hereby repealed.
SECTION 35. Section 17 of said chapter 25 is hereby repealed.
SECTION 36. Section 17A of said chapter 25 is hereby repealed.
SECTION 37. Said chapter 25 is hereby further amended by striking out section 18, as appearing in the 1996 Official Edition, and inserting in place thereof the following three sections:-
Section 18. The commission is hereby authorized to make an assessment against each electric, gas, cable television, telephone, and telegraph company under the jurisdictional control of the department and each generation company and supplier licensed to do business in the commonwealth by the department, based upon the intrastate operating revenues subject to the jurisdiction of the department of each of said companies derived from sales within the commonwealth of electric, gas, cable television, telephone, and telegraph service respectively, as shown in the annual report of each of said companies to the department.
Said assessments shall be made at a rate not exceeding two-tenths of 1 per cent of such intrastate operating revenues, as shall be determined and certified annually by the commission as sufficient to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the department and for fringe benefits costs, including group life and health insurance, retirement benefits, paid vacations and holidays and sick leave, not to exceed 22 per cent of the amount attributable to personnel costs of employees of the department in the fiscal year in which the assessments are made, exclusive of funds appropriated by the general court for the transportation division. The funds may be used to compensate consultants in hearings on petitions filed by companies subject to assessment under this section. Any funds unexpended in any fiscal year for the purposes for which such assessments were made shall be credited against the assessment to be made in the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount. Assessments made under this section may be credited to the normal operating cost of each company. Such estimated assessments shall be collected by the department. Each company shall pay the amount assessed against it within 30 days after the date of the notice of estimated assessment from the department. The amount so collected shall be credited to the General Fund. The department subsequently shall make assessment adjustments for any variation between the estimated and actual amounts of such assessments. Such estimated and actual costs shall include an amount equal to the cost of fringe benefits as established by the commissioner of administration pursuant to section 6B of chapter 29.
For the purpose of providing the department with additional operating funds for the regulation of electric companies, the commission is authorized to make a separate assessment proportionally against each electric company under the jurisdictional control of the department and each generation company and supplier licensed by the department to do business in the commonwealth of each of said companies derived-from retail sales of electricity within the commonwealth as shown in the annual report of said companies to the department. Said additional assessment shall be made at a rate as shall be determined and certified annually by the commission as sufficient to produce not more than $1,750,000 in revenue for the fiscal year in which the assessment is made and shall be collected by the department.
A schedule of filing fees shall be determined annually by the commissioner of administration under the provisions of section 3B of chapter 7 for the following: (i) petitions for certificates of environmental impact and public need; provided, however, that such filing fee for any municipal corporation empowered to operate a municipal lighting plant under the provisions of section 35 or 36 of chapter 164 shall not exceed a maximum amount; and (ii) notices of intention to construct an oil facility, with a maximum amount per oil facility to be graduated in accordance with the expected capital investment in the facility.
Notwithstanding the provisions of section 20 of chapter 159 and section 94 of chapter 164, during any fiscal year in which such assessment is made, the department shall have no authority to suspend the effective date of any rate, price, or charge set forth in any schedule filed subsequent to January 1, 1977, by a telephone or telegraph company under the provisions of chapter 159, or by any gas or electric company under the provisions of section 94 of chapter 164 for a period longer than six months; provided, however, that in the event that such six-month period expires on a Sunday or legal holiday, any rate, price, or charge suspended under this section shall remain suspended until the day following the next day which is not a Sunday or legal holiday.
Section 19. Beginning on March 1, 1998, and for a period of five years thereafter, the department is authorized and directed to require a mandatory charge per kilowatt-hour for all consumers of the commonwealth, except those served by a municipal lighting plant, to fund energy efficiency activities, including, but not limited to, demand-side management programs. Said charge shall be the following amounts: 3.3 mills ($0.0033) per kilowatt-hour for calendar year 1998; 3.1 mills ($0.0031) per kilowatt-hour for calendar year 1999; 2.85 mills ($0.00285) per kilowatt-hour for calendar year 2000; 2.7 mills ($0.0027) per kilowatt-hour for calendar year 2001; and 2.5 mills ($0.0025) per kilowatt-hour for calendar year 2002; provided, however, that in authorizing such programs the department shall ensure that they are delivered in a cost-effective manner utilizing competitive procurement processes to the fullest extent practicable. At least 20 per cent of the amount expended for residential demand-side management programs by each distribution company in any year, and in no event less than the amount funded by a charge of 0.25 mills per kilowatt-hour, which charge shall also be continued in the years subsequent to 2002, shall be spent on comprehensive low-income residential demand-side management and education programs. A distribution company shall not be allowed to assess any other charge relative to energy efficiency programs which would exceed the levels permitted herein. The low-income residential demand-side management and education programs shall be implemented through the low-income weatherization and fuel assistance program network and shall be coordinated with all gas and distribution companies in the commonwealth with the objective of standardizing implementation. On March 1, 2001, the division of energy resources shall, in order to determine if energy investments shall continue beyond that time, review then-current market barriers, experience with competitive markets, and related environmental and economic goals. If said division determines that the continued operation of the programs delivers cost-effective, energy efficiency services, said division shall file, with the clerk of the house of representatives of the general court, legislation to extend for a time certain the authorization contained herein for such a charge to fund energy efficiency activities.
Section 20. (a)(1) Beginning on March 1, 1998, the department is hereby authorized and directed to require a mandatory charge per kilowatt-hour for all electricity consumers of the commonwealth, except those consumers served by a municipal lighting plant which does not supply generation service outside its own service territory or does not open its service territory to competition at the retail level, to support the development and promotion of renewable energy projects in accordance with the provisions of section 4E of chapter 40J. Said charge shall be the following amounts: three-quarters of one mill ($0.00075) per kilowatt-hour in calendar year 1998; one mill ($0.001) per kilowatt-hour in calendar year 1999; one and one-quarter mill ($0.00125) per kilowatt-hour in calendar year 2000; one mill ($0.001) per kilowatt-hour in calendar year 2001; three-quarters of one mill ($0.00075) per kilowatt-hour in calendar year 2002; and one-half of one mill ($0.0005) per kilowatt-hour in each calendar thereafter.
(2) In calendar year 1998 through calendar year 2002, the revenues derived from one-quarter of one mill ($0.00025) of the charge assessed pursuant to the preceding paragraph in each such year shall be set aside and expended pursuant to implementing the provisions of paragraph (2) of subsection (i) of section 4E of chapter 40J.
(b) In the fiscal year ending on June 30, 2001, the board of directors of the Massachusetts Technology Park Corporation shall, in consultation with the advisory committee established pursuant to subsection (h) of section 4E of chapter 40J, the department of telecommunications and energy, and the division of energy resources, review the adequacy of the monies generated by said mandatory charge in meeting the requirements of said section 4E of said chapter 40J. If, after such review, said board determines that an adjustment in said mandatory charge is necessary, said board shall file recommendations in the form of legislation with the clerk of the house of representatives. On or before January 1, 2002, said board shall submit to the house and senate committees on ways and means and the joint committee on government regulations a report which reviews in detail the activities and expenditures of the Massachusetts Renewable Energy Trust Fund to date and proposed activities and funding levels of said trust fund for the succeeding five years for review and approval thereby; provided, however, that said proposed activities continue to achieve the objectives of the program. Following receipt of the five-year report from said board, the house and senate committees on ways and means and the joint committee on government regulations shall meet jointly and with sufficient public notice for the purposes of conducting a public hearing to review the contents of said report; provided, however, that the five-year review shall be made available to the public no later than 45 days before said public hearing.
(c) The revenues generated by said mandatory charge shall be remitted to the Massachusetts Technology Park Corporation and deposited into the Massachusetts Renewable Energy Trust Fund, established pursuant to section 4E of chapter 40J. The public purpose of said trust fund shall be to generate the maximum economic and environmental benefits over time from renewable energy to the ratepayers of the commonwealth through a series of initiatives which exploits the advantages of renewable energy in a more competitive energy marketplace by promoting the increased availability, use, and affordability of renewable energy and by fostering the formation, growth, expansion, and retention within the commonwealth of preeminent clusters of renewable energy and related enterprises, institutions, and projects, which serve the citizens of the commonwealth.
SECTION 38. Section 1 of chapter 25A of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words "executive office of economic affairs" and inserting in place thereof the following words:- office of consumer affairs and business regulation.
SECTION 39. Said section 1 of said chapter 25A, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words "secretary of economic affairs" and inserting in place thereof the following words:- director of consumer affairs and business regulation.
SECTION 40. Said section 1 of said chapter 25A, as so appearing, is hereby further amended by striking out, in lines 7 and 8, the words "secretary of economic affairs" and inserting in place thereof the following words:- director of consumer affairs and business regulation.
SECTION 41. Said section 3 of said chapter 25A, as so appearing, is hereby further amended by inserting after the word "form", in line 67, the following words:- , or any wholesaler or retail seller of electricity or natural gas.
SECTION 42. Section 5 of said chapter 25A, as so appearing, is hereby amended by inserting after the word "energy", in line 2, the following words:- the joint committee on government regulations.
SECTION 43. Section 6 of said chapter 25A, as so appearing, is hereby amended by inserting after the word "grants,", in line 19, the following words:- funds, monies,.
SECTION 44. Said section 6 of said chapter 25A, as so appearing, is hereby further amended by striking out, in line 24, the word "responsibilities." and inserting in place thereof the following:- responsibilities;.
SECTION 45. Said section 6 of said chapter 25A, as so appearing, is hereby further amended by striking out, in line 27, the word "chapter." and inserting in place thereof the following:- chapter;
(10) plan, develop, oversee, and operate programs to help consumers understand, evaluate, and select retail energy supplies and related services offered as a consequence of electric and gas utility restructuring, in accordance with the provisions of section 11D;
(11) provide technical assistance to municipalities and governmental bodies seeking assistance during the transition to a competitive market, including, but not limited to, the voluntary aggregation of their citizens' demand for electricity pursuant to section 134 of chapter 164; and
(12) intervene and advocate on behalf of small commercial and industrial users before the department of telecommunications and energy in any dispute between such businesses and generation or distribution companies, as defined pursuant to section 1 of chapter 164.
SECTION 46. Section 7 of said chapter 25A, as so appearing, is hereby amended by striking out, in line 4, the word "products" and inserting in place thereof the following words:- products, electricity, natural gas,.
SECTION 47. Said section 7 of said chapter 25A, as so appearing, is hereby further amended by inserting after the word "products,", in line 6, the following words:- electricity, natural gas,.
SECTION 48. Said section 7 of said chapter 25A, as so appearing, is hereby further amended by inserting after the second paragraph the following paragraph:-
All electric and gas companies, transmission companies, distribution companies, suppliers, and aggregators, as defined in section 1 of chapter 164, and suppliers of natural gas, including aggregators, marketers, brokers, and marketing affiliates of gas companies, excluding gas companies as defined in said section 1 of said chapter 164, engaged in distributing or selling electricity or natural gas in the commonwealth shall make accurate reports to the division of energy resources in such form and at such times, which shall be at least quarterly, as the division shall require pursuant to this section. Each such company, supplier, and aggregator shall report semi-annually to the division the average of all rates charged for default, low-income and standard offer service to each customer class and for each sub-class within the residential class, respectively; provided, however, that all such rate information so reported pursuant to this paragraph shall be deemed public information, and no such rate information shall be protected as a trade secret, confidential, competitively sensitive, or other proprietary information pursuant to section 5D of chapter 25. The division shall, in cooperation with the department of telecommunications and energy, develop and issue, by March first of each year, a report which shall detail the status in the previous calendar year of pricing disparities between customer class and separately within the residential class, regions of the commonwealth, and distribution companies and suppliers serving ratepayers; provided, however, that said report shall also include a comparison of each customer class in the commonwealth as compared with the same classes in each of the 49 other states and the District of Columbia. Said report shall analyze the effects of restructuring plans, filed with and approved by said department pursuant to section 1A of chapter 164, upon such price disparities. The division may include in such report any recommendations to address any such problems and price disparities.
SECTION 49. Said section 7 of said chapter 25A, as so appearing, is hereby further amended by striking out, in line 22, the word "products" and inserting in place thereof the following:- products, or any supplier of electricity or natural gas.
SECTION 50. Said chapter 25A, as so appearing, is hereby further amended by inserting after section 11C the following four sections:-
Section 11D. To enable retail customers to realize savings from electric utility restructuring, the commissioner, in consultation with local and state-wide consumer groups, is hereby authorized and directed to undertake activities, subject to appropriation, to assist consumers in understanding and evaluating their rights and choices with respect to retail electricity supplies and related services offered as a benefit of said restructuring. Said activities shall provide consumers with information that provides a consistent and reliable basis for comparing products and services offered in the electricity market and shall develop said activities in cooperation with the attorney general to assist in the detection and avoidance of unfair or deceptive marketing practices. Said activities may include, but shall not be limited to, (i) development of consumer education materials, including billing inserts, providing consumers with information in a clear and consistent manner empowering consumers to select their own electricity suppliers and products based on individual preferences, such as price, resource type, and environmental considerations and whether the generation company or supplier operates under collective bargaining agreements and whether such generation company or supplier operates with employees hired as replacements during the course of a labor dispute; (ii) collection and dissemination of accurate and comparable information derived from the uniform disclosure labeling system which shall identify, at a minimum, the price of power generation, the length and kind of contract, the mix of fuel and power generation sources, and the level of air emissions.
The division may establish and advertise a toll-free telephone hotline that shall be capable of responding to consumer questions and complaints about their electricity service and the transition to a competitive retail electricity market. The administration of any such hotline and consumer response service so established shall be coordinated with the department of telecommunications and energy and the office of the attorney general in order to prevent the duplication of similar services. The information made available to consumers by said hotline shall be fully coordinated and consistent with the information made available to consumers by said department and the office of the attorney general. Said hotline and consumer response services, or any portions thereof, may be contracted to third parties, provided that any such contracts shall be performance-based and subject to approval by the secretary of administration and finance. Any such hotline and consumer response administered by the division, the department of telecommunications and energy or any contracted party is hereby prohibited from promoting, endorsing or encouraging consumers to select or purchase from a particular provider, supplier, aggregator, broker or other purveyor of electricity and related services.
Consumer education activities proposed to be undertaken by the division pursuant to this section for a subsequent fiscal year shall be described in a plan to be submitted to the department of telecommunications and energy for review and approval no later than February 1 of each year. Said plan shall include a projected budget, including revenues sources, for the activities proposed by said plan that explains the basis for all costs and cost increases over the plan then in effect. The department, in reviewing said plan for approval, shall establish that said activities of the division are not duplicative and that the information made available to consumers thereby is consistent with the status of utility restructuring. Said plan shall also be submitted to the house and senate committees on ways and means and the joint committee on government regulations. The division shall recommend in the plan the termination of activities that are no longer necessary due to the status of utility restructuring or in the public interest. Said plan shall recommend the provision of services funded by the commonwealth through the division only to the extent that the private market cannot or does not adequately meet the information needs of retail customers as determined by said division pursuant to section 11E.
Section 11E. The division of energy resources is hereby authorized and directed to monitor any independent systems operator or power exchanges organized pursuant to the provisions of chapter 164. The division shall determine the extent to which said operators and exchanges serve the needs of retail customers and contribute to the achievement of energy efficiency and fuel diversity goals as said goals are identified by the division and the department of telecommunications and energy.
The analysis and publication of all data and information collected by the division, shall be conducted to inform consumers, energy suppliers, the department of telecommunications and energy, and the general court about the operation of retail markets and any deficiencies in the operation of those markets, and to recommend improvements to such. Said data and information shall be used by the division for the publication of periodic projections of the supply, demand, and price of energy on statewide and regional basis.
The division shall annually issue a report containing information on all issues of electricity system reliability, including, but not limited to, generation and transmission data detailing load and capacity, for the prior calendar year and forecasting potential future capacity excesses or deficits for the next five calendar years. The division shall utilize any and all information available to forecast potential capacity excesses or deficits, including, but not limited to, analyses by the independent system operator and other such data collected by the division pursuant to section 7. Said report shall contain (i) electricity spot price information for the previous calendar year, including, but not limited to, the average regional monthly spot price; (ii) a determination of the extent to which the energy markets are maintaining necessary levels of reliability; (iii) a determination of whether or not all customer classes are being adequately served by competitive energy markets; (iv) a determination of the competitiveness of energy markets; including a determination whether or not the electric industry is providing consumers with the lowest prices possible within a restructured, competitive retail marketplace; and (v) a determination of the extent to which the energy markets are achieving the energy efficiency and fuel diversity goals of the commonwealth. Said report may be undertaken in combination with the report required pursuant to section 7, at the discretion of the commissioner. Said report shall identify any substantial fluctuation or pricing differences in the cost of electricity available to consumers, especially with respect to geographic regions and low and moderate income consumers. Said reports shall make recommendations for improving any deficiencies so identified in electricity energy markets, including non-competitive pricing situations, which are within the authority of the general court, the department of telecommunications and energy, the federal energy regulatory commission, or any other governmental body with jurisdiction over the deficiency so identified. The division shall submit such report to the joint committees on government regulations and energy, respectively, and the house and senate committees on ways and means no later than April thirtieth of each year, including drafts of legislation to implement recommendations within such report.
Section 11F. (a) The division of energy resources, shall establish a renewable energy portfolio standard for all retail electricity suppliers selling electricity to end-use customers in the commonwealth. By December 31, 1999, the division shall determine the actual percentage of kilowatt-hours sales to end-use customers in the commonwealth which is derived from existing renewable energy generating sources. Every retail supplier shall provide a minimum percentage of kilowatt-hours sales to end-use customers in the commonwealth from new renewable energy generating sources, according to the following schedule: (i) an additional 1 per cent of sales by December 31, 2003, or one calendar year from the final day of the first month in which the average cost of any renewable technology is found to be within 10 per cent of the overall average spot-market price per kilowatt-hour for electricity in the commonwealth, whichever is sooner; (ii) an additional one-half of 1 per cent of sales each year thereafter until December 31, 2009; and (iii) an additional 1 per cent of sales every year thereafter until a date determined by the division of energy resources. For the purpose of this subsection, a new renewable energy generating source is one that begins commercial operation after December 31, 1997, or that represents an increase in generating capacity after December 31, 1997, at an existing facility.
(b) For the purposes of this section, a renewable energy generating source is one which generates electricity using any of the following: (i) solar photovoltaic or solar thermal electric energy; (ii) wind energy; (iii) ocean thermal, wave, or tidal energy; (iv) fuel cells utilizing renewable fuels; (v) landfill gas; (vi) waste-to-energy which is a component of conventional municipal solid waste plant technology in commercial use; (vii) naturally flowing water and hydroelectric; and (viii) low-emission, advanced biomass power conversion technologies, such as gasification using such biomass fuels as wood, agricultural, or food wastes, energy crops, biogas, biodiesel, or organic refuse-derived fuel; provided, however, that after December 31, 1998, the calculation of a percentage of kilowatt-hours sales to end-use customers in the commonwealth from new renewable generating sources shall exclude clauses (vi) and (vii) herein. The division may also consider any previously operational biomass facility retrofitted with advanced conversion technologies as a renewable energy generating source. After conducting administrative proceedings, the division may add technologies or technology categories to the above list; provided, however, that the following technologies shall not be considered renewable energy supplies: coal, oil, natural gas except when used in fuel cells, and nuclear power.
Section 11G. The division of energy resources shall have the authority to oversee and coordinate ratepayer-funded energy efficiency programs. The division shall seek to achieve goals including, but not limited to, the following: (i) ensure that energy efficiency funds are allocated equitably among customer classes; (ii) ensure that there will be adequate support for "lost opportunity" efficiency programs in areas such as new construction, remodeling, and replacement of worn-out equipment; (iii) give due emphasis to statewide market transformation programs in order to systematically eliminate market barriers to energy efficiency goods and services; and (iv) provide weatherization and efficiency services to low-income customers. The division of energy resources shall annually file a report with the department of telecommunications and energy on the proposed funding levels for energy efficiency programs. The department shall review and approve energy efficiency expenditures after determining that implementation of such programs was cost-effective. Within one year of enactment of this legislation, the division shall conduct a public hearing process to investigate the role of the division in the oversight and statewide coordination of energy efficiency programs. Not later than March 1, 1999, the division shall promulgate rules and regulations necessary to implement the findings of this section.
SECTION 51. Section 39B of chapter 30 of the General Laws, as appearing in the 1996 Official Edition, 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 52. Said section 39B of said chapter 30, as so appearing, is hereby further amended by striking out, in line 13, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 53. Said section 39B of said chapter 30, 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 54. Said section 39B of said chapter 30, as so appearing, is hereby further amended by striking out, in line 32, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 55. Section 39C of said chapter 30, 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 56. Section 39E of said chapter 30, as so appearing, is hereby amended by striking out, in line 8, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 57. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby amended by striking out, in line 84, the words "materials; or" and inserting in place thereof the following:- materials;.
SECTION 58. Subsection (b) of said section 1 of said chapter 30B, as so appearing, is hereby amended by striking out clause (31) and inserting in place thereof the following three clauses:-
(31) an agreement for the purchase of photography services entered into by a public school;
(32) energy aggregation contracts entered into by a political subdivision of the commonwealth for energy or energy related services arranged or negotiated by such subdivision on behalf of its residents; or
(33) energy contracts entered into by a city or town or group of cities or towns or political subdivisions of the commonwealth, for energy or energy related services; provided, however, that within 15 days of the signing of a contract for energy or energy related services by a city, town, political subdivision, or group of cities, towns or political subdivisions said city, town, political subdivision, or group of cities, towns or political subdivisions shall submit to the department of telecommunications and energy, the division of energy resources, and the office of the inspector general a copy of the contract and a report of the process used to execute the contract.
SECTION 59. Section 6 of said chapter 30B, as so appearing, is hereby amended by adding the following subsection:-
(k) Notwithstanding the provisions of this section, with respect to contracts for energy-related services entered into by a city or town or group of cities or towns, the requests for proposals may include proposed contractual terms and conditions to be incorporated into the contract, some of which may be deemed mandatory or non-negotiable; provided, however, that the request for proposals may request proposals or offer options for fulfillment of other contractual terms. The chief procurement officer shall make a preliminary determination of the most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in a request for proposals. The chief procurement officer may negotiate all terms of the contract not deemed mandatory or non-negotiable with such offeror. If after negotiation with such offeror the chief procurement officer determines that it is in the best interest of the governmental body, the chief procurement officer may determine the proposal which is the next most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals, and may negotiate all terms of the contract with such offeror. The chief procurement officer shall award the contract to the most advantageous proposal from a responsible and responsive offeror taking into consideration price, the evaluated criteria set forth in the request for proposals, and the terms of the negotiated contract. The chief procurement officer shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. The parties may extend the time for acceptance by mutual agreement.
SECTION 60. Section 48 of chapter 31 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 10, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 61. Section 8 of chapter 38 of the General Laws, as appearing in the 1996 Official Edition, 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 62. Section 9 of said chapter 38, 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 63. Section 22D of chapter 40 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 36 and 37, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 64. Section 39C of said chapter 40, as so appearing, is hereby amended by striking out, in line 26, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 65. Section 3 of chapter 40A of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 37, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 66. Said section 3 of said chapter 40A, as so appearing, is hereby further amended by striking out, in line 46, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 67. The second paragraph of section 3 of chapter 40J of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following two sentences:- The corporation shall be governed and its corporate powers exercised by a board of directors, which shall consist of the director of the department of economic development or his designee, the secretary of administration or his designee, and the chancellor of the board of higher education or his designee, two members shall be appointed from a list of persons nominated by the president of the senate, two persons shall be appointed from a list of persons nominated by the speaker of the house of representatives, and 16 persons shall be appointed by the governor, eight of whom shall be chief executive officers of post-secondary educational institutions or distinguished members of the electronics engineering faculties of said institutions, or members of other appropriate faculties, and among said eight, at least three of whom shall be representatives of public post-secondary educational institutions, and six of whom shall be chief executive officers, chairpersons or chief engineers of businesses concerned with the design and manufacture of semi-conductor or micro-electronics components or products of another technology which may come within the purview of this chapter pursuant to the provisions of section 6, and two of whom shall be recommended by the Massachusetts AFL-CIO. Each director appointed from the list of nominations recommended by the president of the senate and the speaker of the house of representatives shall serve a term of two years to be coterminous with the legislative session of the general court.
SECTION 68. Said chapter 40J is hereby further amended by inserting after section 4D the following section:-
Section 4E. (a) There is hereby established and set up on the books of the corporation a separate trust fund to be known as the Massachusetts Renewable Energy Trust Fund, hereinafter referred to as the fund. The corporation shall hold the fund in an account or accounts separate from other funds in those provisions of the second and third paragraphs of section 5 as apply to the center fund in the corporation, and shall apply as well to the fund. There shall be credited to the fund all amounts collected pursuant to section 20 of chapter 25 and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and used solely for activities and expenditures consistent with the public purpose of the fund as set forth in subsection (b) of this section; provided, however, that monies derived pursuant to paragraph (2) of subsection (a) of section 20 of chapter 25 shall be especially segregated for implementing the purposes of paragraph (2) of subsection (f) of this section.
(b) The board may draw upon monies in the fund for the public purpose of generating the maximum economic and environmental benefits over time from renewable energy to the ratepayers of the commonwealth through a series of initiatives which exploits the advantages of renewable energy in a more competitive energy marketplace by promoting the increased availability, use, and affordability of renewable energy, by making operational improvements to existing renewable energy projects and facilities which, in the determination of the board, have achieved results which would indicate that future investment in said facilities would yield results in the development of renewable energy more significant if said funds were made available for the creation of new renewable energy facilities, and by fostering the formation, growth, expansion, and retention within the commonwealth of preeminent clusters of renewable energy and related enterprises, institutions, and projects, which serve the citizens of the commonwealth.
(c) Public interests to be advanced through the board's actions shall include, but not be limited to, the following: (i) the development and increased use and affordability of renewable energy resources in the commonwealth and the New England region; (ii) the protection of the environment and the health of the citizens of the commonwealth through the prevention, mitigation, and alleviation of the adverse pollution effects associated with certain electricity generation facilities; (iii) the delivery to all consumers of the commonwealth of as many benefits as possible created as a result of increased fuel and supply diversity; (iv) the creation of additional employment opportunities in the commonwealth through the development of renewable technologies; (v) the stimulation of increased public and private sector investment in, and competitive advantage for, renewable energy and related enterprises, institutions, and projects in the commonwealth and the New England region; and (vi) the stimulation of entrepreneurial activities in these and related enterprises, institutions, and projects.
(d) In furtherance of these and other public purposes and interests, the board may expend monies from the fund to make grants, contracts, loans, equity investments, energy production credits, bill credits, or rebates to customers, to provide financial or debt service obligation assistance, or to take any other actions, in such forms, under such terms and conditions and pursuant to such selection procedures as the board deems appropriate and otherwise in a manner consistent with good business practices; provided, however, that the board shall generally employ a preference for competitive procurements; provided, further, that the board shall endeavor to leverage the full range of the resources, expertise, and participation of other state and federal agencies and instrumentalities in the design and implementation of programs under this section; and provided, further, that the board has determined and incorporated into the minutes of its proceedings a finding that such actions are calculated to advance the public purpose and public interests set forth in this section, including, but not limited to, the following: (i) the growth of the renewable energy-provider industry; (ii) the use of renewable energy by electricity customers in the commonwealth; (iii) public education and training regarding renewable energy; (iv) product and market development; (v) pilot and demonstration projects and other activities designed to increase the use and affordability of renewable energy resources by and for consumers in the commonwealth; (vi) the provision of financing in support of the development and application of related technologies at all levels, including, but not limited to, basic and applied research and commercialization activities; (vii) the design and making of improvements to existing renewable energy projects and facilities as defined herein which were in operation as of December 31, 1997; and (viii) matters related to the conservation of scarce energy resources.
The board shall, in consultation with the division of energy resources and the advisory committee established pursuant to subsection (i), adopt a detailed plan for the application of the fund in support of the design, implementation, evaluation, and assessment of a renewable energy program for the commonwealth, subject to periodic revision by the board, that ensures that the fund shall be employed to provide financial and non-financial resources to overcome barriers facing renewable energy enterprises, institutions, and projects in a prudent manner consistent with the public purposes and interests set forth in this section. Said plan, to the extent practicable, shall consist of at least four components: (i) "product and market development" to establish a foundation for growth and expansion of the commonwealth's renewable energy enterprises, institutions, and projects, including pilot and demonstration projects, production incentives, and other activities designed to increase the use and affordability of renewable energy in the commonwealth; (ii) "training and public information" to allow for the development and dissemination of complete, objective, and timely information, analysis, and policy recommendations related to the advancement of the public purposes and interests of the renewable energy fund; (iii) "investment" to support the growth and expansion of renewable energy enterprises, institutions, and projects; and (iv) "research and development" within the commonwealth and the New England region related to renewable energy matters. Said plan shall specify the expenditure of such monies from the fund to each of these component activities; provided, however, that monies so expended shall be used to develop such renewable energy projects with priority given to projects, institutions, and enterprises, first, within the commonwealth; next, to such activities within New York and the New England region which serve the regional power grid; and finally, all other such activities regardless of location. In developing said plan, the board is hereby authorized and directed to consult with and utilize the services of the department of telecommunications and energy and the division of energy resources for such technical assistance as the board deems necessary or appropriate to the effective discharge of the board's responsibilities and duties relative to the fund.
(e) Subject to the approval of the board, investment activity of monies from the fund may consist of the following: (i) an equity fund, to provide risk capital to renewable energy enterprises, institutions, and projects; (ii) a debt fund, to provide loans to energy enterprises, institutions, projects, intermediaries, and end-users; and (iii) a market growth assistance fund, to be used to attract private capital to the equity and debt funds. To implement these investment activities, the corporation is hereby authorized to retain, through a bid process, a public or private sector investment fund manager or managers, who shall have prior knowledge and experience in fund management and possess related skills in renewable energy and related technologies development, to direct the investment activity described herein and to seek other fund co-sponsors to contribute public and private capital from the commonwealth and other states; provided, however, that such capital is appropriately segregated. Said manager or managers, subject to the approval of the board, shall be authorized to retain necessary services and consultants to carry out the purposes of the fund. Said manager or managers shall develop a business plan to guide investment decisions, which shall be approved by the board prior to any expenditures from the trust fund and which shall be consistent with the provisions of the plan for the fund as adopted by the board.
(f)(1) For the purposes of expenditures from the fund, renewable energy technologies eligible for assistance shall include the following: solar photovoltaic and solar thermal electric energy; wind energy; ocean thermal, wave, or tidal energy; fuel cells; landfill gas; waste-to-energy which is a component of conventional municipal solid waste plant technology in commercial use; naturally flowing water and hydroelectric; low emission, advanced biomass power conversion technologies, such as gasification using such biomass fuels as wood, agricultural, or food wastes, energy crops, biogas, biodiesel, or organic refuse-derived fuel; and storage and conversion technologies connected to qualifying generation projects; provided, however, that expenditures related to waste-to-energy projects or facilities shall be limited to funds segregated pursuant to paragraph (2). Such funds may also be used for appropriate joint energy efficiency and renewable projects, as well as for investment by distribution companies in renewables and distributed generation opportunities, if consistent with the provisions of this section. The following technologies or fuels shall not be considered renewable energy supplies: coal, oil, natural gas except when used in fuel cells, and nuclear power.
(2) The board shall make available from monies in the fund in accordance with subsection (a) grants to municipalities and other governmental bodies to provide debt service assistance in conjunction with alleviating payment obligations incurred by said municipalities and other governmental bodies through an existing contractual agreement pursuant to the installation of pollution control technology and the implementation of other operational improvements to existing renewable energy projects and facilities in the commonwealth utilizing waste-to-energy technology as a component of municipal solid waste plant technology in commercial use, or the closure of any such existing facilities; provided, however, that such grants shall not exceed, in the aggregate, in any calendar year prior to calendar year 2003 the amount segregated in the fund pursuant to this paragraph in the calendar year previous thereto; provided further, that no such grants shall be made from any funds collected for the fund in any calendar year subsequent to the calendar year 2002; provided further, that in the distribution of such grant monies priority shall be given initially to municipalities and governmental bodies which have not previously received any monies, either through an appropriation or other such fiscal assistance from the state, to address debt service obligations relative to such pollution control technology improvements.
(g) The use by said corporation of monies to implement the provisions of this section shall be deemed to be an essential governmental function. Notwithstanding any general or special law to the contrary, the provisions of clause (a) of section 4A of this chapter shall apply to expenditures made from the fund; provided, however, that no such expenditure shall be deemed to involve a capital facility project; provided further, that no lease or license executed in furtherance of the public purpose and interests of the fund shall exceed 30 years in duration, and the duration and terms shall be developed in a manner consistent with good business practices; and provided further, that the corporation shall take no action which contravenes the commonwealth's reversionary interest in any of its real property. The corporation, any purchasing cooperative established thereby, and all members of any such purchasing cooperative may participate in any energy-related purchasing, aggregating, or similar program established and operated by the Massachusetts health and educational facilities authority and such participation shall be deemed to be in furtherance of an essential governmental function.
(h) The provisions of clause (k) of section 4 of this chapter shall not apply to disbursements from the trust fund.
(i) The governor shall, from the recommendation submitted by the chairman of the board relating to clause (i) of said section 4, appoint an advisory committee to assist the corporation in matters related to the fund and in the implementation of the provisions of this section. Said advisory committee shall include not more than 15 individuals with an interest in matters related to the general purpose and activities of the fund and the knowledge and experience in at least one of the following areas: electricity distribution, generation, supply, or power marketing; the concerns of commercial and industrial ratepayers; residential ratepayers, including low-income ratepayers; economics, financial or investment consulting expertise relative to the fund; regional environmental concerns; academic issues related to power generation, distribution or the development or commercialization of renewable energy sources; institutions of higher education; municipal or regional aggregation matters; and renewable and clean energy issues. The board shall consult with said advisory committee in discharging its obligations under this section.
(j) The books and records of the corporation relative to expenditures and investments of monies from the fund shall be subject to a biennial audit by the auditor of the commonwealth.
(k) Beginning with the fiscal year ending on June 30, 1999, on or by August 15th of each year, the board, in conjunction with the advisory committee, shall annually submit to the governor, the joint committees on government regulations and energy, respectively, and the house and senate committees on ways and means a report detailing the expenditure and investment of monies from the fund over the previous fiscal year and the ability of the fund to meet the requirements and provisions of this section, and any recommendations for improving the ability of the board, the corporation, and the fund to meet said requirements and provisions.
SECTION 69. Section 2A of chapter 59 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 55, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 70. Section 5 of said chapter 59, as so appearing, is hereby amended by inserting after the word "pipes", in line 257, the following words:- ; provided, however, that no property, except property entitled to a pollution control abatement pursuant to the provisions of the forty-fourth clause or a cogeneration facility as defined herein, shall be exempt from taxation if it is used in the manufacture or generation of electricity and it has not received a manufacturing classification effective on or before January 1, 1996. For the purposes of this section, a cogeneration facility shall be defined as any electrical generating unit having power production capacity which, together with any other power generation facilities located at the same site, is not greater than 30 megawatts and which produces electric energy and steam or other form of useful energy utilized for industrial, commercial, heating, or cooling purposes.
SECTION 71. Said chapter 59 is hereby further amended by inserting after section 38G the following section:-
Section 38H. For the purposes of this section, the term department shall refer to the department of telecommunications and energy.
(a) Any electric company as defined in section 1 of chapter 164 which generates electricity or any distribution company as defined in said section 1 which is authorized by the commonwealth or the department to recover transition cost amounts associated with past investments in generation facilities, or any generation company as defined in said section 1 or such company's affiliate, subsidiary, or parent company which currently has no binding agreement for tax payments or payments in lieu of taxes to municipalities in which the company's generation facilities are located shall be required to make transition payments to any municipality in which an affiliated generation facility, as defined in said section 1, or part thereof, is located and has been devalued for property tax payment purposes; provided, however, that where such a binding agreement for the payment of real and personal property taxes or the binding agreement for payment in lieu of such taxes has been entered into on or after the effective date of this section, such agreement shall govern, and such generation facility shall be exempt from the provisions of this section. Said payments shall offset any reductions of property taxes as a result of any devaluation of said generation facility. This section does not provide for any exemption from property tax and is in addition to such tax obligation.
For the purposes of this section, "fiscal year" shall be determined by sections 56 and 56A of chapter 44. For fiscal years 1998, 1999 and 2000, such payments shall be the difference between the property taxes for fiscal years 1998, 1999 and 2000, respectively, and the property taxes for fiscal year 1997. From fiscal year 2001 to fiscal year 2009, inclusive, such future payments shall be calculated as follows:
(i) For fiscal year 2001, such amount shall be equivalent to 90 per cent of the difference between the local property tax value of the property as of January 1, 1996 and the fair cash value of the property as of January 1, 2000, multiplied by the applicable commercial tax rate for the fiscal year 2001;
(ii) For fiscal year 2002, the calculated amount shall be equivalent to 80 per cent of the difference between the local property tax value of the property as of January 1, 1996 and the fair cash value of the property as of January 1, 2001, multiplied by the applicable commercial tax rate for the fiscal year 2002;
(iii) For fiscal year 2003, the calculated amount shall be equivalent to 70 per cent of the difference between the local property tax value of the property as of January 1, 1996 and the fair cash value of the property as of January 1, 2002, multiplied by the applicable commercial tax rate for the fiscal year 2003;
(iv) For fiscal year 2004, the calculated amount shall be equivalent to 60 per cent of the difference between the local property tax value of the property as of January 1, 1996 and the fair cash value of the property as of January 1, 2003, multiplied by the applicable commercial tax rate for the fiscal year 2004;
(v) For fiscal year 2005, the calculated amount shall be equivalent to 50 per cent of the difference between the local property tax value of the property as of January 1, 1996 and the fair cash value of the property as of January 1, 2004, multiplied by the applicable commercial tax rate for the fiscal year 2005;
(vi) For fiscal year 2006, the calculated amount shall be equivalent to 40 per cent of the difference between the local property tax value of the property as of January 1, 1996 and the fair cash value of the property as of January 1, 2005, multiplied by the applicable commercial tax rate for the fiscal year 2006;
(vii) For fiscal year 2007, the calculated amount shall be equivalent to 30 per cent of the difference between the local property tax value of the property as of January 1, 1996 and the fair cash value of the property as of January 1, 2006, multiplied by the applicable commercial tax rate for the fiscal year 2007;
(viii) For fiscal year 2008, the calculated amount shall be equivalent to 20 per cent of the difference between the local property tax value of the property as of January 1, 1996 and the fair cash value of the property as of January 1, 2007, multiplied by the applicable commercial tax rate for the fiscal year 2008;
(ix) For fiscal year 2009, the calculated amount shall be equivalent to 10 per cent of the difference between the local property tax value of the property as of January 1, 1996 and the fair cash value of the property as of January 1, 2008, multiplied by the applicable commercial tax rate for the fiscal year 2009.
Any such transition payments shall be included in the tax base for purposes of determining the levy ceiling and levy limit under section 21C of this chapter and in determining minimum residential factor and classification of property under section 1A of chapter 58 and section 56 of chapter 40. The department of revenue may issue guidelines for implementing the provisions of this subsection consistent with preserving the transition payment amounts in the local tax base for such purposes.
(b) A generation company which does not qualify for a manufacturing classification exemption pursuant to paragraph (3) of the clause Sixteenth of said section 5 may, in order to comply with its property tax liability obligation, execute an agreement for the payment in lieu of taxes with the municipality in which such generation facility is sited, and said company shall be exempt from property taxes, in whole or in part, as provided in any such agreements during the terms thereof. Any such agreement shall be the result of good faith negotiations and shall be the equivalent of the property tax obligation based on full and fair cash valuation. Any such negotiated amount shall be included in the tax base for purposes of determining the levy ceiling and levy limit under section 21C and in determining minimum residential factor and classification of property under section 1A of chapter 58 of the General Laws and section 56 of chapter 40 of the General Laws. The department of revenue may issue guidelines for implementing the provisions of this subsection consistent with preserving the negotiated payment amount in the local tax base for such purpose.
A city or town, acting by and through its governing body and board of assessors, is hereby authorized to enter into an agreement with the New England Power Company concerning the assessed valuation of all real and personal property presently owned by said company in said city or town for the fiscal years 1997 to 2001, inclusive; provided, however, that said agreement shall constitute a good faith attempt to value said property at its fair market value. Any such agreement as described herein executed prior to and in effect on December 1, 1997, is hereby ratified, validated, and confirmed in all respects and as though this act had been in full force and effect at the time of the execution of said agreement.
(c) In the case of any nuclear-powered electric generation facility in the commonwealth which exceeds 250 megawatts in size and which was owned in whole or in part by an electric company as of July 1, 1997, whether or not such generation facility is in service as of the date of the collection in rates of the transition costs, as defined pursuant to section 1 of chapter 164, such electric company shall not be subject to the provisions of subsections (a) and (b) of this section and, in order to be eligible to collect the full amount of transition costs as approved by the department pursuant to section 1G of said chapter 164, shall enter into an agreement to pay the host community payments in addition to taxes. Said payments in addition to taxes shall be made in equal payments on or before July 31, October 31, January 31, and April 30 each year by said electric company in the following amounts: for fiscal years 1999, 2000, and 2001 in an amount which equals the amount of tax payments remitted to such host community in fiscal year 1998. Such electric company shall, by the commencement of fiscal year 2002, have entered into an agreement to pay the host community payments in lieu of taxes for such generation facility; provided, however, that such agreement shall be executed as a result of good faith negotiations between the electric company and the host community; provided further, that such agreement shall cover a period of time the greater of which is the time until the licensed termination date of such facility, as included in the original license or in a renewal of such license, or 15 years beginning with fiscal year 1998. For the purposes of this subsection, the standard of good faith shall not require either party to agree to a proposal or require the making of concessions, but shall require active participation in negotiations and a willingness to make reasonable concessions and to provide justification for proposals, and a sincere effort to reach agreement. In the event that an agreement on such payment in lieu of taxes cannot be effected through such good faith negotiations on or before January 1, 1999, the parties shall submit to arbitration, and such arbitration shall be performed by the department of telecommunications and energy or by a state-certified professional arbitrator or arbitration firm appointed by said department and operating in accordance with any applicable rules and regulations. The department shall not approve any plan submitted by such electric company to utilize the provisions of securitization pursuant to section 1H of chapter 164 if such tax agreement has not been executed pursuant to the provisions of this subsection.
SECTION 72. Section 6 of chapter 64H of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 325, the words "Department of Public Utilities" and inserting in place thereof the following words:- department of telecommunications and energy.
SECTION 73. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in line 329, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 74. Section 3 of chapter 79 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 10, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 75. Section 5B of said chapter 79, as so appearing, is hereby amended by striking out, in line 13, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 76. Section 5C of said chapter 79, 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 77. The third paragraph of section 13 of chapter 81A of the General Laws, as appearing in section 6 of chapter 3 of the acts of 1997, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Notwithstanding the provisions of any general or special law to the contrary, the relocation of the facilities of any public utility, including rail lines, in accordance with the provisions of this section shall be valid upon the filing of the plans thereof with the department of telecommunications and energy, if applicable.
SECTION 78. Section 40 of chapter 82 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 111 and 112, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 79. Section 1 of chapter 83 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 39, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 80. Section 4 of said chapter 83, as so appearing, is hereby amended by striking out, in line 16, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 81. Section 1 of chapter 90 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 313, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 82. Section 1A of said chapter 90, 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 83. Section 7B of said chapter 90, as so appearing, is hereby amended by striking out, in line 25, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 84. Said section 7B of said chapter 90, as so appearing, is hereby further amended by striking out, in line 124, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 85. Said section 7B of said chapter 90, as so appearing, is hereby further amended by striking out, in line 153, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 86. Said section 7B of said chapter 90, as so appearing, is hereby further amended by striking out, in line 252, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 87. Section 8A of said chapter 90, as so appearing, is hereby amended by striking out, in line 37, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 88. Said section 8A of said chapter 90, as so appearing, is hereby further amended by striking out, in line 41, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 89. Said section 8A of said chapter 90, as so appearing, is hereby further amended by striking out, in line 43, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 90. Said section 8A of said chapter 90, as so appearing, is hereby further amended by striking out, in line 47, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 91. Section 8A½ of said chapter 90, as so appearing, is hereby amended by striking out, in line 42, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 92. Section 9 of said chapter 90, as so appearing, is hereby amended by striking out, in line 13, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 93. Section 33 of said chapter 90, as so appearing, is hereby amended by striking out, in line 35, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 94. Section 40H of said chapter 90, as so appearing, is hereby amended by striking out, in line 2, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 95. Section 1 of chapter 90C of the General Laws, as so appearing, is hereby amended by striking out, in line 70, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 96. Section 43 of chapter 92 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 97. Section 44 of said chapter 92, as so appearing, is hereby amended by striking out, in line 18, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 98. Section 50 of said chapter 92, 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 99. Section 51 of said chapter 92, 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 100. Section 67 of said chapter 92, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 101. Section 68 of said chapter 92, 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 102. Section 24 of chapter 93 of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 103. Section 8 of chapter 110C of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 104. Section 5K of chapter 111 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(E) The department is hereby authorized to make an assessment against the operator of each existing and proposed nuclear power plant in the commonwealth in an amount equal to the costs incurred in the prior fiscal year by the department's radiation control program in the performance of its duties under this section. The department is hereby further authorized to make a collection, based on that assessment, of monies from said operators of nuclear power plants to defray the cost of such activities. Said amount shall not exceed $90,000 per annum, per facility, which shall be expended for any such facility, including, but not be limited to, a facilities located in the town of Rowe and in the town of Plymouth, and in Seabrook, New Hampshire. The department shall send notice of its assessment to the individual company against which the assessment is made, and said company shall pay such assessment within 30 days of the notice of the assessment; provided, however, that such company shall have a reasonable opportunity to submit objections concerning said assessment to the department for review. If, after completion of such review, the department determines the assessment is valid, the department shall issue a demand for such assessment, and the company against which such assessment is made shall pay such assessment immediately. If a company subject to assessment under this section fails to pay the assessment within 30 days of the notice of the assessment, or fails to pay the demand for assessment upon completion of the final review, whichever occurs later, the department may refer such matter to the department of revenue for the collection of the assessment in accordance with applicable enforcement provisions pursuant to chapter 62C. The amount so collected shall be deposited into the General Fund and credited to the department.
SECTION 105. Said chapter 111 is hereby further amended by inserting after section 142M the following section:-
Section 142N. For the purpose of preventing, mitigating, or alleviating impacts on the resources of the commonwealth and to the health of its citizens from pollutants emitted by fossil fuel-fired electric generation facilities serving retail customers in the commonwealth, the department of environmental protection shall, in consultation with the office of the attorney general and the department of telecommunications and energy, promulgate rules and regulations to adopt and implement for fossil fuel-fired electric generation facilities uniform generation performance standards of emissions produced per unit of electrical output on a portfolio basis for any pollutant determined by the department of environmental protection to be of concern to public health, and produced in quantity by electric generation facilities. The department of environmental protection shall have said uniform performance standards for at least one pollutant in effect on, but not before, May 1, 2003, unless three or more other northeastern states enact similar standards before that date, in which case the department of environmental protection may adopt such standards prior to May 1, 2003. The department of environmental protection shall issue annually, by March first of each year, an annual report detailing the implementation and compliance of said program, its standards, and its companion rules and regulations.
SECTION 106. Section 81R of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in lines 82 and 83, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 107. Section 34A of chapter 132 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 108. Said section 34A of said chapter 132, 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 109. Said section 34A of said chapter 132, as so appearing, is hereby further amended by striking out, in line 35, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 110. Said section 34A of said chapter 132, as so appearing, is hereby further amended by striking out, in line 37, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 111. Section 16 of chapter 132A of the General Laws, as so appearing, is hereby amended by striking out, in line 15, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 112. Section 7 of chapter 141 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 113. Section 14 of chapter 142A of the General Laws, as so appearing, is hereby amended by striking out, in line 37, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 114. Section 71S of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 115. Section 57 of chapter 147 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 116. Section 26E of chapter 148 of the General Laws, as so appearing, is hereby amended by striking out, in line 30, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 117. Section 148 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 118. Section 71F of chapter 151A of the General Laws, as so appearing, is hereby amended by inserting after the word "amount", in line 30, the following words:- ; provided, however, that.
SECTION 119. Said chapter 151A is hereby further amended by inserting after section 71H the following section:-
Section 71I. (a) Any employee of a generation facility, an electric company, or a gas company, each as defined in section 1 of chapter 164, who is terminated after July 1, 1997, through no fault of his own as a result of the restructuring of the electricity or gas industries in the commonwealth, and is otherwise eligible for unemployment benefits, shall receive reemployment assistance benefits, as provided pursuant to section 71F of this chapter, and health insurance benefits, as provided pursuant to section 71G of this chapter. No such employee shall be denied or be determined to be ineligible for any such benefits if the employer has provided notice of the cessation of employment. Such benefits shall be in addition to any benefits any employee may receive pursuant to the provisions of an agreement resulting from collective bargaining by the owners of electric companies, generation facilities, who owned such facilities as of July 1, 1997, or a gas company and an organization or organizations representing such employee in any such negotiations of said agreement.
(b) Any employer at a generation facility, an electric company, or a gas company where such eligible employee had been terminated shall be billed an amount equal to 100 per cent of the amount of reemployment assistance benefits paid under said section 71F and an amount equal to 100 per cent of the amount of health insurance benefits paid under said section 71G, and shall otherwise be subject to section 71H.
SECTION 120. Section 4 of chapter 155 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 121. Section 5 of said chapter 155, 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 122. Section 5A of said chapter 155, 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 123. Section 16 of chapter 158 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 124. Section 39 of said chapter 158, as so appearing, is hereby amended by striking out, in line 8, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 125. Section 40 of said chapter 158, 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 126. Section 10 of chapter 159 of the General Laws, as appearing in the 1996 Official Edition, 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 127. Section 59 of said chapter 159, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 128. Said section 59 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 15, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 129. Said section 59 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 26, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 130. Said section 59 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 28, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 131. Section 65 of said chapter 159, 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 132. Said section 65 of said chapter 159, 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 133. Said section 65 of said chapter 159, as so appearing, is hereby further amended by striking out, in lines 23 and 24, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 134. Said section 65 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 27, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 135. Said section 65 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 28, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 136. Said section 65 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 37, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 137. Section 70 of said chapter 159, as so appearing, is hereby amended by striking out, in line 21, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 138. Said section 70 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 51, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 139. Said section 70 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 63, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 140. Said section 70 of said chapter 159, 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 141. Section 73 of said chapter 159, 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 142. Section 74 of said chapter 159, 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 143. Said section 74 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 17, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 144. Said section 74 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 21, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 145. Said section 74 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 46, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 146. Section 78 of said chapter 159, as so appearing, is hereby amended by striking out, in line 19, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 147. Section 79 of said chapter 159, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 148. Section 80 of said chapter 159, as so appearing, is hereby amended by striking out, in line 23, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 149. Said section 80 of said chapter 159, as so appearing, is hereby further amended by striking out, in lines 34 and 35, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 150. Said section 80 of said chapter 159, as so appearing, is hereby further amended by striking out, in lines 35 and 36, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 151. Said section 80 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 40, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 152. Section 1 of chapter 159A of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 32, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 153. Section 2 of said chapter 159A, 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 154. Section 3 of said chapter 159A, 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 155. Section 2 of chapter 159B of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 156. Said section 2 of said chapter 159B, as so appearing, is hereby further amended by striking out, in line 38, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 157. Said section 2 of said chapter 159B, as so appearing, is hereby further amended by striking out, in line 88, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 158. Section 6B of chapter 159B, as so appearing, is hereby amended by striking out, in lines 29 and 30, the words "of public utilities".
SECTION 159. Section 1 of chapter 160 of the General Laws, as appearing in the 1996 Official Edition, 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 160. Section 104 of said chapter 160, as so appearing, is hereby amended by striking out, in line 15, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 161. Said section 104 of said chapter 160, as so appearing, is hereby further amended by striking out, in line 20, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 162. Section 127A of said chapter 160, 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 163. Section 134A of said chapter 160, as so appearing, is hereby amended by striking out, in lines 30 and 31, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 164. Said section 134A of said chapter 160, as so appearing, is hereby further amended by striking out, in line 35, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 165. Section 145 of said chapter 160, 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 166. Section 147A of said chapter 160, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 167. Section 1 of chapter 161 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 8, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 168. Section 82 of said chapter 161, 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 169. Section 85 of said chapter 161, as so appearing, is hereby amended by striking out, in line 16, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 170. Said section 85 of said chapter 161, as so appearing, is hereby further amended by striking out, in lines 19 and 20, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 171. Said section 85 of said chapter 161, as so appearing, is hereby further amended by striking out, in line 21, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 172. Said section 85 of said chapter 161, as so appearing, is hereby further amended by striking out, in line 26, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 173. Section 3 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in lines 72 and 73, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 174. Section 5 of said chapter 161A, as so appearing, is hereby amended by striking out, in line 184, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 175. Section 11A of said chapter 161A, 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 176. Section 22 of said chapter 161A, as so appearing, is hereby amended by striking out, in line 2, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 177. Said section 22 of said chapter 161A, as so appearing, is hereby further amended by striking out, in line 4, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 178. Section 6 of chapter 161B of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 61, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 179. Section 8 of said chapter 161B, as so appearing, is hereby amended by striking out, in line 82, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 180. Said chapter 161B is hereby further amended by striking out section 16, as so appearing, and inserting in place thereof the following section:-
Section 16. In the event of any conflict between the regulatory powers and duties of the department of telecommunications and energy in respect to mass transportation service within an area, the department of telecommunications and energy shall resolve such dispute and exercise such powers as it deems required in the particular instance.
SECTION 181. Section 1 of chapter 162 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 182. Section 1 of chapter 163 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 183. Section 1 of chapter 164 of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Alternative energy producer" the following definition:-
"Aggregator", an entity which groups together electricity customers for retail sale purposes, except for public entities, quasi-public entities or authorities, or subsidiary organizations thereof, established pursuant to the laws of the commonwealth.
SECTION 184. Said section 1 of said chapter 164, as so appearing, is hereby further amended by inserting after the definition of "Alternative energy producer" the following definition:-
"Ancillary services", those functions which support generation, transmission, and distribution, and shall include the following services: (1) reactive power/voltage control; (2) loss compensation; (3) scheduling and dispatch; (4) load following; (5) system protection service; and (6) energy imbalance service.
SECTION 185. Said section 1 of said chapter 164, as so appearing, is hereby further amended by inserting after the definition of "Cogeneration facility" the following definition:-
"Contract termination fee", the fees owed by the distribution company to its wholesale power supplier, as determined and approved by the department.
SECTION 186. Said section 1 of said chapter 164, as so appearing, is hereby further amended by striking out, in line 59, the words "public utilities" and inserting in place thereof the following words:- telecommunications and energy.
SECTION 187. Said section 1 of said chapter 164, as so appearing, is hereby further amended by inserting after the definition of "Department" the following six definitions:-
"Default Service", the electricity services provided to a retail customer upon either the (i) failure of a distribution company or supplier to provide such electricity services as required by law or as contracted for under the standard service offer, (ii) the completion of the term of the standard service offer, or (iii) upon the inability of a customer to receive standard service transition rates during the term of the standard service offer pursuant to section 1B.
"Distributed generation", a generation facility or renewable energy facility connected directly to distribution facilities or to retail customer facilities which alleviate or avoid transmission or distribution constraints or the installation of new transmission facilities or distribution facilities.
"Distribution", the delivery of electricity over lines which operate at a voltage level typically equal to or greater than 110 volts and less than 69,000 volts to an end-use customer within the commonwealth. The distribution of electricity shall be subject to the jurisdiction of the department.
"Distribution company", a company engaging in the distribution of electricity or owning, operating, or controlling distribution facilities; provided, however, a distribution company shall not include any entity which owns or operates plant or equipment used to produce electricity, steam, and chilled water, or any affiliate engaged solely in the provision of such electricity, steam, and chilled water, where the electricity produced by such entity or its affiliate is primarily for the benefit of hospitals and non-profit educational institutions, and where such plant or equipment was in operation prior to January 1, 1986.
"Distribution facility", plant or equipment used for the distribution of electricity and which is not a transmission facility, a cogeneration facility, or a small power production facility.
"Distribution service", the delivery of electricity to the customer by the electric distribution company from points on the transmission system or from a generating plant, at distribution voltage.
SECTION 188. Said section 1 of said chapter 164, as so appearing, is hereby further amended by striking out the definition of "Electric company" and inserting in place thereof the following four definitions:-
"Electric company", a corporation organized under the laws of the commonwealth for the purpose of making by means of water power, steam power or otherwise and selling, or distributing and selling, or only distributing, electricity within the commonwealth, or authorized by special act so to do, even though subsequently authorized to make or sell gas; provided, however, that electric company shall not mean an alternative energy producer; and provided further, that a distribution company shall not include any entity which owns or operates a plant or equipment used to produce electricity, steam, and chilled water, or any affiliate engaged solely in the provision of such electricity, steam, and chilled water, where the electricity produced by such entity or its affiliate is primarily for the benefit of hospitals and non-profit educational institutions, and where such plant or equipment was in operation prior to January 1, 1986.
"Electric service", the provision of generation, transmission, distribution, or ancillary services.
"Energy efficiency", the implementation of an action, policy, or measure which entails the application of the least amount of energy required to produce a desired or given output.
"FERC", the federal energy regulatory commission.
SECTION 189. Said section 1 of said chapter 164, as so appearing, is hereby further amended by striking out the definition of "Gas company" and inserting in place thereof the following seven definitions:-
"Gas company", a corporation organized for the purpose of making and selling, or distributing and selling, gas within the commonwealth, even though subsequently authorized to make or sell electricity; provided, however, that gas company shall not mean an alternative energy producer.
"Generation", the act or process of transforming other forms of energy into electric energy, or the amount of electric energy so produced.
"Generation company", a company engaged in the business of producing, manufacturing, or generating electricity for retail sale to the public.
"Generation facility", plant or equipment used to produce, manufacture, or otherwise generate electricity and which is not a transmission facility.
"Generation service", the provision of generation and related services to a customer.
"Horizontal market power", a situation in which one or a few market participants combined have undue concentration in the ownership of facilities at the same level in the chain of production resulting in the ability to influence price to his or their own benefit.
"Mitigation", all actions or occurrences which reduce the amount of money that a distribution company seeks to collect through the transition charge, including those amounts resulting from both matters within the company's control and from matters not wholly within the company's control. Mitigation shall, in accordance with the provisions of section 1G, include, but not be limited to, the following: (1) sales of capacity, energy, ancillary services, reserves, and emission allowances from generating facilities that are wholly or partly owned by the company; (2) sales of capacity, energy, ancillary services, reserves, and emission allowances from generating facilities with which the company has a power purchase agreement; (3) adjustments to the company's minimum obligations under purchase power agreements that decrease such obligations, such as those that may be obtained through contract buy-out or renegotiation; (4) residual value; (5) sales and voluntary write downs of company generation-related assets; (6) any market value in excess of net book value associated with the sale, lease, transfer, or other use of the assets of the company unrelated to the provision of transmission service or distribution service at regulated pri