Amendment #162 to H4100

Large Hydroelectric Generation DOER Carve-Out in RPS

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, deMacedo of Plymouth, Adams of Andover, Barrows of Mansfield, Bastien of Gardner, Beaton of Shrewsbury, Boldyga of Southwick, Diehl of Whitman, D'Emilia of Bridgewater, Durant of Spencer, Fattman of Sutton, Ferguson of Holden, Frost of Auburn, Gifford of Wareham, Harrington of Groton, Howitt of Seekonk, Humason of Westfield, Hunt of Sandwich, Kuros of Uxbridge, Levy of Marlborough, Lombardo of Billerica, Lyons of Andover, O'Connell of Taunton, Orrall of Lakeville, Ross of Attleboro, Smola of Palmer, Vieira of Falmouth, Webster of Pembroke, Winslow of Norfolk and Wong of Saugus move to amend the bill by inserting after section xx the following two sections:-

“SECTION AA. Subsection (c) of section 11F of chapter 25A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word ‘qualify;’ in line 65, the following phrase:-

however, new facilities having a capacity greater than 25 megawatts shall qualify as Class I renewable energy generating sources as prescribed by the department pursuant to subsection (j)

SECTION BB. Section 11F of chapter 25A of the General Laws, as so appearing, is hereby amended by inserting, after subsection (i) the following new subsections:-

(j) The department shall adopt regulations allowing for each retail supplier, in satisfying its annual obligations under subsection (a), to provide a portion of the required minimum percentage of kilowatt-hours sales of energy generated by new renewable energy sources from energy generated by new hydroelectric facilities, or incremental new energy from increased capacity or efficiency improvements at existing hydroelectric facilities, having a capacity larger than 30 megawatts. The department may specify the maximum portion of the minimum percentage of kilowatt-hour sales from energy generated by new hydroelectric facilities having a capacity larger than 30 megawatts that satisfies a retail supplier’s annual obligations under subsection (a); provided, however, that the department shall specify the maximum portion as a percentage of the minimum percentage of kilowatt-hour sales from new renewable energy generating sources that shall encourage the incorporation of hydroelectric generation, from new facilities larger than 30 megawatts or existing facilities larger than 30 megawatts that have a new increased capacity, in the commonwealth’s renewable energy portfolio.

(k) No retail supplier shall be required to make alternative compliance payments pursuant to section 11F until the department has adopted regulations allowing for each retail supplier, in satisfying its annual obligations under subsection (a), to provide a portion of the required minimum percentage of kilowatt-hours sales of energy generated by new renewable energy sources from energy generated by new hydroelectric facilities as prescribed in subsections (b), (c), (d), and (j).”.