Massachusetts General Laws Chapter 25, Section 19 (a) in hereby amended by adding at the end of the sub-section the following:- ; provided however, that beginning January 2012 and in future years each utility efficiency program shall on a pilot basis permit the thirty largest commercial and industrial ratepayers in its service territory the opportunity, on an opt-in basis, to keep the monies the ratepayer would otherwise remit to the utility for energy efficiency and demand side management programs, provided that by the end of the calendar year a ratepayer in this pilot program must demonstrate to the utility that it has used or unconditionally committed such funds to energy efficiency or demand side management investments in Massachusetts, and if the ratepayer fails to provide such demonstration the ratepayer must immediately provide the monies it retained to the utility for its energy efficiency programs.
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