Amendment #9 to H4377

anaerobic digestion net metering facilities

Representatives Day of Stoneham, Peake of Provincetown, Poirier of North Attleborough, Provost of Somerville, Puppolo of Springfield, Schmid of Westport, Scibak of South Hadley and Walsh of Framingham move to amend the bill by adding the following new section:

SECTION 2. Section 139 of chapter 164 of the General Laws, as most recently amended by chapter 75 of the acts of 2016, is hereby further amended by inserting after subsection (b ½) the following subsection:-

(b ¾) Upon a determination by the department that the aggregate nameplate capacity of anaerobic digestion net metering facilities, is equal to or greater than 50 megawatts direct current, the department shall certify the date that said capacity has been reached and provide a date of notification after which all Class I, Class II, and Class III anaerobic digestion net metering facilities that apply to the system of assurance for net metering under subsection (g) after said date of notification shall generate market net metering credits only. A distribution company customer that uses electricity generated by anaerobic digestion net metering facility that generates market net metering credits may elect net metering as follows:

(1)If the electricity generated by the net metering facility under this subsection during a billing period exceeds the customer’s kilowatt-hour usage during the billing period, the customer shall be billed for 0 kilowatt-hour usage and the excess market net metering credits shall be credited to the customer’s account. Credits may be carried forward from month to month. A net metering facility may designate customers of the same distribution company to which the said net metering facility is interconnected and that are located in the same ISO-NE load zone to receive such credits in amounts attributed by the net metering facility. Written notice of the identities of the customers so designated and the amounts of the credits to be attributed to those customers shall be in such a form as the distribution company shall reasonably require.

(2)If the customer’s kilowatt-hour usage exceeds the electricity generated by the net metering facility during the billing period, the customer shall be responsible for the balance at the distribution company’s applicable rate.

SECTION __. Subsection (f) of said section 139 of said chapter 164, as so amended, is hereby further amended by inserting after the second sentence the following sentence:

Notwithstanding the total aggregate capacity of net metering facilities in this subsection, there shall also be 50 megawatts of capacity across all distribution companies’ service territories for anaerobic digestion net metering facilities.

Section __. The department of energy resources shall adopt a regulation under its authority in subsection (g) of section 11F of chapter 25A of the General Laws that shall require that a portion of the minimum percentage required to be supplied under subsection (a) of said section 11F come from anaerobic digestion facilities. Said regulation shall be adopted not later than 180 days after the effective date of this act.