SENATE DOCKET, NO. 1793        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1934

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joanne M. Comerford

_________________

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 requiring public interest considerations in gas infrastructure expansion proceedings.

_______________

PETITION OF:

 

Name:

District/Address:

 

Joanne M. Comerford

Hampshire, Franklin and Worcester

 

Mindy Domb

3rd Hampshire

1/23/2019

Walter F. Timilty

Norfolk, Bristol and Plymouth

1/29/2019

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

1/30/2019

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

1/30/2019

Patrick M. O'Connor

Plymouth and Norfolk

1/30/2019

Brian M. Ashe

2nd Hampden

1/31/2019

James B. Eldridge

Middlesex and Worcester

1/31/2019

Paul R. Feeney

Bristol and Norfolk

1/31/2019

Patrick Joseph Kearney

4th Plymouth

1/31/2019

David Henry Argosky LeBoeuf

17th Worcester

1/31/2019

James M. Murphy

4th Norfolk

1/31/2019

Natalie M. Blais

1st Franklin

2/1/2019

Elizabeth A. Malia

11th Suffolk

2/1/2019

Colleen M. Garry

36th Middlesex

2/12/2019

Marcos A. Devers

16th Essex

4/16/2019


SENATE DOCKET, NO. 1793        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1934

By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1934) of Joanne M. Comerford, Brian M. Ashe, Natalie M. Blais, Mindy Domb and other members of the General Court for legislation to require public interest considerations in gas infrastructure expansion proceedings.  Telecommunications, Utilities and Energy.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act requiring public interest considerations in gas infrastructure expansion proceedings.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 94A of chapter 164 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following paragraphs:-

As part of any review of any contract with a term of more than one year for gas pipeline capacity or liquefied gas storage that requires the construction of new or expanded gas infrastructure, the department shall determine whether such contract is in the public interest. The department shall not approve such a contract unless, in its public interest determination, the department finds that:

(i) such contract is necessary and cost-effective for ratepayers;

(ii) such contract compares favorably to other reasonably available options in terms of its impact on rates, the economy, environment, climate, local communities, public health, safety and welfare;

(iii) the applicant has identified and evaluated alternatives that would reduce or eliminate the need for private land takings or public land disposition including, but not limited to, fuller and more long-term utilization of existing infrastructure, distribution system repairs, and enhancement of peak shaving measures; and

(iv) for contracts exceeding a term of 3 years, the applicant has reasonably evaluated demand-side options to reduce or eliminate the need for new infrastructure. 

To aid in the department's public interest determination under this section, any gas company seeking department review of a contract that requires the construction or expansion of gas infrastructure shall first hold a competitive solicitation for non-gas alternatives. Such competitive solicitations shall seek energy solutions that reduce greenhouse gas emissions and that address the considerations enumerated in subpart (i) through (iv) above.

The department shall not approve any contract requiring a public interest determination under this section if the applicant is the subject of an ongoing National Transportation Safety Board investigation. If such an investigation opens after department approval of a contract but prior to construction of the infrastructure required to fulfill the contract, the order approving such contract shall be automatically vacated.