SECTION 1. Notwithstanding any general or special law to the contrary, the town of Brookline may amend the municipal load aggregation plan previously approved by the department of public utilities pursuant to section 134 of chapter 164 of the General Laws. Following authorization by a majority vote of town meeting, such amendments shall be filed with the department for its final review and approval. Prior to its decision, the department shall conduct a public hearing. The department shall not review any section of the town’s load aggregation plan that has not been altered from the town’s load aggregation plan last approved by the department except to the extent that proposed amendments to the plan change the meaning or operation of such unaltered section.

The department shall approve the amendments set forth in this section. The amended load aggregation plan may authorize the aggregated entity, Brookline’s Community Choice Aggregation program, known as Brookline Green Electricity, to charge all participating ratepayers an excise of up to $0.02 per kWh to fund programs to:

(i) build in the town solar energy generation facilities or energy storage systems; and

(ii) accelerate the adoption of electric energy infrastructure in new buildings and in existing buildings with fossil fuel infrastructure.

The amended load aggregation plan may authorize the aggregated entity to charge all participating ratepayers an excise of up to $0.13 per kWh to fund or enable:

(i) demand-response programs that enable program participants to reduce their electricity costs by taking advantage of time-varying rates; and

(ii) investments in renewable energy or energy storage infrastructure that would reduce net rates for program participants over the lifetime of the installed infrastructure.

The aggregation plan may authorize the aggregated entity to offer ratepayers a reduced rate in exchange for agreement to pay an early termination fee. The aggregation plan may require that participating ratepayers install or permit the installation of advanced meter infrastructure for the purpose of providing the aggregated entity with time-varying use data and may provide for a discounted rate for participating ratepayers’ electric vehicle charging or other electrical consumption costs during off-peak or other hours or demand response periods.

The aggregated entity is authorized to access the time-varying data from advanced meter infrastructure to the same extent that such data is made available to local electricity distribution companies.

Participation by any retail customer in the amended load aggregation program shall be voluntary.

An amended aggregation plan shall take effect 30 days following its approval by the department.

Ratepayers participating in the existing load aggregation program shall be automatically enrolled in the amended plan. Once enrolled in an amended plan, any ratepayer choosing to opt out within 180 days shall be entitled to receive basic service. Nothing in this section shall authorize the town to restrict the ability of retail electric customers to obtain or receive service from any authorized provider of electricity supply.

The aggregated entity shall fully inform participating ratepayers in advance of automatic enrollment that they are to be automatically enrolled and that they have the right to opt-out of the aggregated entity plan. In addition, such disclosure by the aggregated entity shall prominently state all charges to be made and shall include full disclosure of the basic service rate and how to access it.

SECTION 2. This act shall take effect upon its passage.