Budget Amendment ID: FY2023-S4-845-R4

4th Redraft OTH 845

Load Aggregation Programs

Messrs. Rush, Finegold and Velis moved that the proposed new text be amended by inserting after section 41 the following 5 sections:-

“SECTION 41A. Section 134 of chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “services”, in line 11, the following words:- including renewable energy credits, which may be considered contracts for energy or energy-related services under clause (33) of subsection (b) of section 1 of chapter 30B.

SECTION 41B. 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 41C. 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 3 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 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 41D. The fifth paragraph of said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by inserting after the fifth sentence the following sentence:- After the initial automatic enrollment of customers upon the establishment of a load aggregation program in accordance with this subsection, the subsequent enrollment of new customers or accounts in the service territory of the aggregator shall be governed by the terms for enrollment set forth in the aggregator’s plan; provided, however, the terms are consistent with the requirements established by the department.

SECTION 41E. The sixth paragraph of said subsection (a) of said section 134 of said chapter 164 is hereby amended by adding the following  sentence:- To facilitate the automatic enrollment and ratepayer notification, the electric distribution company shall provide to each municipality the name and mailing addresses of all electric accounts within the municipality that are not otherwise receiving generation service from a competitive supplier; provided, however, that any customer may request that their name, mailing address and account number not be shared with the municipality.”.