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