Notwithstanding any general law to the contrary, the Department of Energy Resources in consultation with electric distribution companies, shall establish an energy efficiency pilot program which shall be limited to 10 companies in each electric distribution service territory. Said pilot program shall allow customers whose average monthly use of electricity in a twelve month period equals or exceeds 750,000 kWh the opportunity to use mandatory charges above 750,000 kWh per month, as established by the department of public utilities in sections 19 and section 20, inclusive, of chapter 25 of the general laws, for any qualified energy efficiency measures approved by the department of public utilities involving the modification of or change in the operating procedures of a building or facility to improve the efficiency of energy use or reduce energy consumption, and shall include energy conservation measures and methods or equipment to audit and identify specify energy and cost savings, as well as cost-effective energy storage systems that will contribute to the Commonwealth’s established targets for such systems. The Department shall establish guidelines which provide for notice to a utility of such election and a mechanism to verify such funds are used in accordance with this section. Nothing in this section shall preclude an electric distribution company from accepting less than maximum number of companies allowed in this section if they can show the Department that allowing the maximum number of participants will have a negative impact on the financial integrity of their current energy efficiency program. For purposes of this section, multiple facilities owned or operated by the eligible end use customer shall not be aggregated or combined unless said customer owns or operates facilities within the same utility service territory.
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