Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1285 Latest Draft

Bill / Introduced Version Filed 03/22/2023

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SENATE DOCKET, NO. 2479       FILED ON: 2/28/2023
SENATE . . . . . . . . . . . . . . No. 1285
The Commonwealth of Massachusetts
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PRESENTED BY:
Cynthia Stone Creem
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing the town of Brookline to amend its community choice aggregation plan.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexTommy Vitolo15th Norfolk 1 of 3
SENATE DOCKET, NO. 2479       FILED ON: 2/28/2023
SENATE . . . . . . . . . . . . . . No. 1285
By Ms. Creem, a petition (accompanied by bill, Senate, No. 1285) of Cynthia Stone Creem and 
Tommy Vitolo (by vote of the town) for legislation to authorize the town of Brookline to amend 
its community choice aggregation plan. Municipalities and Regional Government. [Local 
approval received]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the town of Brookline to amend its community choice aggregation plan.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Notwithstanding any general or special law to the contrary, the town of 
2Brookline may amend the municipal load aggregation plan previously approved by the 
3department of public utilities pursuant to section 134 of chapter 164 of the General Laws. 
4Following authorization by a majority vote of town meeting, such amendments shall be filed 
5with the department for its final review and approval. Prior to its decision, the department shall 
6conduct a public hearing. The department shall not review any section of the town’s load 
7aggregation plan that has not been altered from the town’s load aggregation plan last approved 
8by the department except to the extent that proposed amendments to the plan change the meaning 
9or operation of such unaltered section. 
10 The department shall approve the amendments set forth in this section. The amended load 
11aggregation plan may authorize the aggregated entity, Brookline’s Community Choice  2 of 3
12Aggregation program, known as Brookline Green Electricity, to charge all participating 
13ratepayers an excise of up to $0.02 per kWh to fund programs to:
14 (i) build in the town solar energy generation facilities or energy storage systems; and
15 (ii) accelerate the adoption of electric energy infrastructure in new buildings and in 
16existing buildings with fossil fuel infrastructure.
17 The amended load aggregation plan may authorize the aggregated entity to charge all 
18participating ratepayers an excise of up to $0.13 per kWh to fund or enable:
19 (i) demand-response programs that enable program participants to reduce their electricity 
20costs by taking advantage of time-varying rates; and
21 (ii) investments in renewable energy or energy storage infrastructure that would reduce 
22net rates for program participants over the lifetime of the installed infrastructure.
23 The aggregation plan may authorize the aggregated entity to offer ratepayers a reduced 
24rate in exchange for agreement to pay an early termination fee. The aggregation plan may require 
25that participating ratepayers install or permit the installation of advanced meter infrastructure for 
26the purpose of providing the aggregated entity with time-varying use data and may provide for a 
27discounted rate for participating ratepayers’ electric vehicle charging or other electrical 
28consumption costs during off-peak or other hours or demand response periods.
29 The aggregated entity is authorized to access the time-varying data from advanced meter 
30infrastructure to the same extent that such data is made available to local electricity distribution 
31companies. 3 of 3
32 Participation by any retail customer in the amended load aggregation program shall be 
33voluntary.
34 An amended aggregation plan shall take effect 30 days following its approval by the 
35department.
36 Ratepayers participating in the existing load aggregation program shall be automatically 
37enrolled in the amended plan. Once enrolled in an amended plan, any ratepayer choosing to opt 
38out within 180 days shall be entitled to receive basic service. Nothing in this section shall 
39authorize the town to restrict the ability of retail electric customers to obtain or receive service 
40from any authorized provider of electricity supply.
41 The aggregated entity shall fully inform participating ratepayers in advance of automatic 
42enrollment that they are to be automatically enrolled and that they have the right to opt-out of the 
43aggregated entity plan. In addition, such disclosure by the aggregated entity shall prominently 
44state all charges to be made and shall include full disclosure of the basic service rate and how to 
45access it.
46 SECTION 2. This act shall take effect upon its passage.