HOUSE DOCKET, NO. 5300        FILED ON: 7/28/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5117

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act relative to the review of municipal aggregation plans.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to  review of municipal aggregation plans, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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.  The fourth paragraph of subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by striking out the last sentence.

SECTION 2.  Said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby further amended by inserting after the fourth paragraph the following 4 paragraphs:-

The department shall approve any plan submitted that complies with and is consistent with this subsection. Prior to the department’s decision, the department shall conduct a public hearing. Failure to make a decision on a plan submitted under this section within 180 days of its submission date shall constitute approval of the plan. Such constructive approval shall not exempt the municipality or group of municipalities from complying with all laws and rules governing municipal aggregations and the provision of competitive energy supply services regardless of the language contained in the plan.

If after review, the department chooses to reject a plan, the department shall send to the municipality or group of municipalities a denial order containing the reason for the rejection. The municipality or group of municipalities may revise the plan to address such reasons and, if such revised plan is submitted not more than 30 days after the department’s denial order is issued, the department shall waive the requirement that the municipality or group of municipalities consult with the department of energy resources regarding the revised plan and shall submit the revised plan for public review. The department shall review and approve, subject to modification, or reject any such revised plan not more than 30 days after receipt of the revised plan.

The department shall not direct or otherwise require revisions to an approved plan without first providing the municipality or group of municipalities with notice and opportunity for a full and fair hearing. The municipality or group of municipalities shall submit to the department for approval any revision to an approved plan; provided, however, that the department shall review and approve any such revisions to the approved plan not more than 30 days after the receipt of the proposed revision. The competitive supplier providing generation service to retail customers of an aggregation may request an exemption from the quarterly information disclosure requirements set forth in 220 CMR 11.06(4)(c) or any successor regulation. The department may grant such exemption if the competitive supplier demonstrates that it will, through sufficient alternative means, provide retail customers participating in the aggregation with the same information regarding the fuel mix, emissions and labor characteristics of the competitive supplier’s energy supply.

After obtaining approval of its plan, the aggregated entity shall mail information and educational materials regarding its plan to each ratepayer within the municipality; provided, however, that the department may revoke the aggregated entity’s plan if the marketing materials are inconsistent with any law or regulation governing the marketing of energy supply. To enable such mailing, the electric distribution company shall provide to such municipality a current list of the names, mailing addresses and service addresses of all electric customers taking distribution service within the municipality; provided, however, that any customer may request that their name, mailing address and account number not be shared with the municipality.

SECTION 3. This act shall take effect on July 1, 2022.