Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4239 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	COMMONWEALTH OF MASSACHUSETTS
2	2	EXECUTIVE OFFICE OF
3	3	ENERGY AND ENVIRONMENTAL AFFAIRS
4	4	DEPARTMENT OF ENERGY RESOURCES
5	5	100 CAMBRIDGE ST., 9
6	6	th
7	7	FLOOR
8	8	BOSTON, MA 02114
9	9	Telephone: 617-626-7300
10	10	Maura T. Healey
11	11	Governor
12	12	Kimberley Driscoll
13	13	Lt. Governor
14	14	Rebecca L. Tepper
15	15	Secretary
16	16	Elizabeth Mahony
17	17	Commissioner
18	18	VIA EMAIL AND HAND DELIVERY
19	19	January 4, 2023
20	20	TO: Clerk of the House of Representatives
21	21	CC: Chairs of the Joint Committee on Telecommunications, Utilities, and Energy
22	22	RE: Submission of Participation in the Green Communities Program for Municipalities Served
23	23	by Municipal Light Plants – 225 CMR 25.00
24	24	Dear Clerk:
25	25	Pursuant to M.G.L. Chapter 25A, Section 12 (Section 12), please find enclosed:
26	26	225 CMR 25.00 – Participation in the Green Communities Program for Municipalities
27	27	Served by Municipal Light Plants
28	28	Summary of the proposed regulations in layman's terms
29	29	In the development of amendments to 225 CMR 25.00, the pertinent provisions of Chapter 30A,
30	30	except section five, have been complied with.
31	31	In addition to the requirements of Section 12, the Department of Energy Resources has made
32	32	additional information available to the public regarding these proposed regulations. That
33	33	information is accessible through the Department’s website:
34	34	https://www.mass.gov/info-details/municipal-light-plant-communities
35	35	Please direct questions and comments on these proposed regulations to:
36	36	Johannes Buchanan
37	37	Legislative Director
38	38	857-268-0011
39	39	Johannes.K.Buchanan@mass.gov Sincerely,
40	40	[Digital Signature]
41	41	Elizabeth Mahony
42	42	Commissioner, Department of Energy Resources
43	43	Enclosures Summary of Proposed 225 CMR 25.00
44	44	On September 30, 2022, the legislature passed An Act Relative to Municipal Light Plant
45	45	Participation in Green Communities (Act), St. 2022, c. 230. The Act creates a new avenue for
46	46	municipalities that receive electricity service from municipal light plants (MLPs) that serve
47	47	multiple municipalities to join the Department of Energy Resources’ (Department) Green
48	48	Communities Designation and Grant Program (Green Communities Program) implemented
49	49	pursuant to G.L. c. 25A, § 10.
50	50	These regulations set out the process for communities covered by the Act to join the
51	51	Green Communities Program. These regulations also put into regulation existing Department
52	52	guidelines about how other types of municipalities served by MLPs may qualify for the Green
53	53	Communities Program. Pursuant to G.L. c. 25A, § 10(e), there is a separate application process
54	54	for the Green Communities Program for municipalities that receive electricity service from
55	55	MLPs. The manner in which one of these municipalities qualifies for the program depends on
56	56	how its residents pay the “Renewable Energy Charge,” a $0.0005 per kWh surcharge on electric
57	57	bills that funds the Massachusetts Renewable Energy Trust Fund, established under G.L. c. 23J,
58	58	§ 9. These regulations lay out the qualification pathways and required documentation for each
59	59	type of municipality to qualify as a Green Community. 1 of 4
60	60	HOUSE...............No. 4239
61	61	Communication from the Department of Energy Resources of the Executive Office of Energy
62	62	and Environmental Affairs (under the provisions of section 12 of Chapter 25A of the General
63	63	Laws) submitting 225 CMR 25.00 – Participation in the Green Communities Program for
64	64	Municipalities Served by Municipal Light Plants. Telecommunications, Utilities and Energy.
65	65	The Commonwealth of Massachusetts
66	66	In the One Hundred and Ninety-Third General Court
67	67	(2023-2024)
68	68	1225 CMR: DEPARTMENT OF ENERGY RESOURCES
69	69	2
70	70	3225 CMR 25.00 Participation in the Green Communities Program for Municipalities
71	71	4Served by Municipal Light Plants
72	72	5
73	73	6Section
74	74	725.01 : P urpose
75	75	825.02 : D efinitions
76	76	925.03 : A dministration
77	77	1025.04 : A pplicability
78	78	1125.05: Municipalities Joining the Green Communities Program
79	79	12
80	80	1325.01 : Purpose
81	81	14The purpose of 225 CMR 25.00 is to establish the process for communities that receive electric
82	82	15distribution service from municipal light plants to become eligible to become designated as a
83	83	16Green Community and participate in the Department’s Green Communities Designation and
84	84	17Grant Program.
85	85	18 2 of 4
86	86	1925.02 : D efinitions
87	87	20“Department”, the Department of Energy Resources.
88	88	21“Distribution Company,” a company engaging in the distribution of electricity or owning,
89	89	22operating or controlling distribution facilities as defined in M.G.L. c. 164, § 1.
90	90	23“Distribution Service,” the delivery of electricity to customers as defined in M.G.L. c. 164, § 1.
91	91	24“Green Community,” a municipality designated as a Green Community pursuant to M.G.L. c.
92	92	2525A, § 1 0.
93	93	26“Green Communities Program,” the Green Communities Designation and Grant Program
94	94	27implemented pursuant to M.G.L. c. 25A, § 10.
95	95	28“Massachusetts Renewable Energy Trust Fund”, the fund established pursuant to M.G.L. c. 23J,
96	96	29§ 9.
97	97	30“Municipal Light Plant,” a municipal lighting plant established pursuant to the provisions of
98	98	31M.G.L. c. 164.
99	99	32“Service territory”, the geographic area in which a distribution company provides distribution
100	100	33service.
101	101	34“Trust Administrator,” the entity that administers the Massachusetts Renewable Energy Trust
102	102	35Fund.
103	103	36
104	104	3725.03 : A dministration
105	105	38225 CMR 25.00 shall be administered by the Department.
106	106	39
107	107	4025.04: A pplicability
108	108	41225 CMR 25.00 shall apply to all municipalities with at least one property that receives electric
109	109	42distribution service from a municipal light plant.
110	110	43
111	111	4425.05 Municipalities Joining the Green Communities Program
112	112	45 (1) Municipalities that receive electric distribution service from a municipal light plant with a
113	113	46 service territory limited to one municipality and where there are no investor-o wned
114	114	47 electric distribution company customers may join the Green Communities Program u nder 3 of 4
115	115	48 this subsection if the municipal light plant that provides electric distribution service to the
116	116	49 municipality has adopted the renewable energy charge pursuant to M.G.L. c. 25, § 20(b).
117	117	50 a. The Department will accept the following documentation to demonstrate that the
118	118	51 above requirement has been met:
119	119	52 i. A signed copy of an agreement between the trust administrator, t he
120	120	53 municipality, and the municipal light plant that provides electric
121	121	54 distribution service to the municipality defining the terms of the municipal
122	122	55 light plant’s contributions to the Massachusetts Renewable Energy Trust
123	123	56 Fund.
124	124	57 (2) Municipalities that receive electric distribution service from a municipal light plant with a
125	125	58 service territory limited to one municipality and where there is at least one investor-
126	126	59 owned electric distribution company customer may join the Green Communities Program
127	127	60 under this subsection by either of the following methods:
128	128	61 a. Providing proof that the investor-owned electric distribution company customer in
129	129	62 the municipality pays into the Massachusetts Renewable Energy Trust Fund.
130	130	63 i. The Department will accept the following documentation to demonstrate
131	131	64 that the above requirement has been met:
132	132	65 1. a letter from the investor-owned electric distribution c ompany
133	133	66 verifying that they provide electric distribution service to the
134	134	67 property, and
135	135	68 2. property card(s) or other information from the municipality
136	136	69 demonstrating that the customer’s property is located in the
137	137	70 municipality.
138	138	71 b. Providing proof that the municipal light plant has adopted the renewable energy
139	139	72 charge pursuant to M.G.L. c. 25, § 20(b).
140	140	73 i. The Department will accept the following documentation to d emonstrate
141	141	74 that the above requirement has been met:
142	142	75 1. a signed copy of an agreement between the trust administrator, t he
143	143	76 municipality, and the municipal light plant that provides electric
144	144	77 distribution service to the municipality defining the terms of the
145	145	78 municipal light plant’s contributions to the Massachusetts
146	146	79 Renewable Energy Trust Fund.
147	147	80 (3) Municipalities that receive electric distribution service from a municipal light plant with a
148	148	81 service territory that covers more than one municipality and where there are no investor-
149	149	82 owned electric distribution company customers may join the Green Communities
150	150	83 Program under this subsection by any of the following methods:
151	151	84 a. providing proof that the municipal light plant has adopted the renewable energy
152	152	85 charge pursuant to M.G.L. c. 25, § 20(b) or that the municipality has adopted t he
153	153	86 renewable energy charge pursuant to M.G.L. c. 25, § 20(c).
154	154	87 i. The Department will accept the following documentation to demonstrate
155	155	88 that the above requirement has been met:
156	156	89 1. a signed copy of an agreement between the trust administrator, t he
157	157	90 municipality, and or the municipal light plant that provides electric 4 of 4
158	158	91 distribution service to the municipality defining the terms of the
159	159	92 municipal light plant’s contributions to the Massachusetts
160	160	93 Renewable Energy Trust Fund.
161	161	94 (4) Municipalities that receive electric distribution service from a municipal light plant with a
162	162	95 service territory that covers more than one municipality and where there is at least o ne
163	163	96 investor-owned electric distribution company customer may join the Green Communities
164	164	97 Program under this subsection by any of the following methods:
165	165	98 a. Providing proof that the municipal light plant has adopted the renewable energy
166	166	99 charge pursuant to M.G.L. c. 25, § 20(b) or that the municipality has adopted t he
167	167	100 renewable energy charge pursuant to M.G.L. c. 25, § 20(c).
168	168	101 i. The Department will accept the following documentation to demonstrate
169	169	102 that the above requirement has been met:
170	170	103 1. a signed copy of an agreement between the trust administrator, t he
171	171	104 municipality, and the municipal light plant that provides electric
172	172	105 distribution service to the municipality defining the terms of the
173	173	106 municipal light plant’s contributions to the Massachusetts
174	174	107 Renewable Energy Trust Fund.
175	175	108 b. Providing proof that the investor-owned electric distribution company customer
176	176	109 pays into the Massachusetts Renewable Energy Trust Fund.
177	177	110 i. The following documentation is required to prove this requirement h as
178	178	111 been met:
179	179	112 1. a letter from the investor-owned electric distribution c ompany
180	180	113 verifying that they provide electric service to the property, a nd
181	181	114 2. property card(s) or other information from the municipality
182	182	115 demonstrating that the customer’s property is located in the
183	183	116 municipality.
184	184	117
185	185	118REGULATORY AUTHORITY 225 CMR 25.00:
186	186	119 M.G.L. c. 25A, § 10.