SECTION 1. Section 11F of chapter 25A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after subsection (i) the following new subsection:-
(j) Commencing January 1, 2011, an electric generation facility or other electric energy source shall not be eligible as a Class I or Class II renewable energy generating source under this section if such facility or source is owned or leased by any entity that distributes electricity to end-use customers or by any affiliate of any such entity and any costs of the entity’s or its affiliate’s acquisition, leasing, construction, financing, ownership or operation of the facility or source are or will be recovered by the entity or its affiliate from end-use customers through its rates or other cost recovery mechanism determined or allowed by any non-municipal governmental regulatory authority. The foregoing shall not apply to any renewable energy generating source for which the department issued a statement of qualification under this section prior to January 1, 2011 or to any facility or source approved for cost recovery under section 1A(f) of chapter 164.
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