Amendment #16 to H4377

Aggregated Gas Power

Mr. Nangle of Lowell moves to amend the bill by adding the following sections:

SECTION x. Subsection (a) of section 134 of chapter 164 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the first 3 paragraphs and inserting in place thereof the following 3 paragraphs:-

Any municipality or any group of municipalities acting together within the commonwealth may aggregate the electrical load of interested electricity consumers or heat energy, in therms or British Thermal Units, of interested gas consumers within its boundaries; provided, however, that such municipality or group of municipalities shall not aggregate electrical load or heat energy if such are served by an existing municipal lighting plant or an existing municipal gas plant. Such municipality or group of municipalities may group retail electricity customers to solicit bids, broker, and contract for electric power and energy services for such customers and may group retail gas customers to solicit bids, broker and contract for the supply of gas for such customers. Such municipality or group of municipalities may enter into agreements for services to facilitate the sale and purchase of electric energy and other related services and agreements for services to facilitate the sale and purchase of gas. Such service agreements may be entered into by a single city, town, county, or by a group of cities, towns, or counties.

A municipality or group of municipalities which aggregates its electrical load or heat energy and operates pursuant to the provisions of this section shall not be considered a utility engaging in the wholesale purchase and resale of electric power or gas. Providing electric power or energy services or gas to aggregated customers within a municipality or group of municipalities shall not be considered a wholesale utility transaction. The provision of aggregated electric power and energy services as authorized by this section shall be regulated by any applicable laws or regulations which govern aggregated electric power and energy services in competitive markets. The provision of aggregated gas as authorized by this section shall be regulated by any applicable laws or regulations that govern aggregated gas in competitive markets.

A town may initiate a process to aggregate electrical load or heat energy upon authorization by a majority vote of town meeting or town council. A city may initiate a process to authorize aggregation by a majority vote of the city council, with the approval of the mayor, or the city manager in a Plan D or Plan E city. Two or more municipalities may as a group initiate a process jointly to authorize aggregation by a majority vote of each particular municipality as herein required.

SECTION xx. The fifth paragraph of said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by adding the following sentence:- Nothing in this section shall be construed as authorizing any city or town or any municipal retail gas aggregator to restrict the ability of retail gas customers to obtain or receive service from any authorized provider thereof.