Consolidated Amendment "C" to H5151

Consolidated Amendment C

Fiscal Note: $0

Amendments: 2, 3, 6, 7, 18, 27, 30, 32, 34, 36, 42, 43, 44, 46, 57, 58, 59, 68, 70, 74, 75, 78, 79, 81, 82, 84, 86, 91, 93, 97, 101, 102, 103, 104, 106, 109, 110, 111, 112, 115, 121, 123

 Mr. Michlewitz of Boston and others move to amend H.5151 in section 54 by adding the following section:-

 Section 163. (a) As used in this section, “data center” shall mean a facility that is designed to have a load of not less than 20 megawatts and whose primary purpose is the storage, management and processing of digital data via the interconnection and operation of information technology and network telecommunications equipment, including all related facilities and infrastructure for backup electricity generation, power distribution, environmental control, cooling and security.

(b) Any new or expanded data center seeking any permit from the department or the energy facilities siting board shall procure sufficient electricity supply to meet their operational needs using not less than 80 per cent renewable energy resources.

(c) Any new or expanded data center seeking any permit from the department of environmental protection for operation of fossil-fuel generation equipment as backup source of power shall first demonstrate infeasibility of battery energy storage facilities on their site.

(d) Each electric company shall file an application with the department to establish a tariff for the provision of electricity to data centers. The tariff shall be designed to: (i) ensure that non-data center ratepayers are protected from any increased costs that result from increased electricity demand caused by data centers; and (ii) incentivize data centers to develop and utilize methods to increase energy efficiency, including through the use of technologies that capture and utilize the heat produced by the data centers.

(e) The department shall review each application submitted pursuant to this section and shall approve the application if it determines that it complies with the requirements of this section and all other applicable laws, rules and regulations.

And further amend the bill in section 66 by striking out, in line 2090, the words “electricity rates” and inserting in place thereof the following words:- electric rates; 1 member appointed by the minority leader of the house who has a background in and understanding of electric rates; 1 member appointed by the minority leader of the senate who has a background in and understanding of electric rates.

And further amend the bill in section 66 by striking out, in lines 2102 to 2104, inclusive, the words “and (iv) include the annual rate increase for each cost component for the previous 10 years and the projected annual rate increases or range of rate increases expected over the next 5 years” and inserting in place thereof the following words:- (iv) include the annual rate increase for each cost component for the previous 10 years and the projected annual rate increases or range of rate increases expected over the next 5 years; (v) include recommendations that provide both short-term and long-term rate relief for residential and commercial ratepayers; and (vi) include a comparison of ratepayer affordability in the commonwealth with neighboring and similarly situated states, including, but not limited to, policy, infrastructure and market cost drivers.

 And further amend the bill in section 67 by striking out, in lines 2148 to 2153, inclusive, subsection (c) and inserting in place thereof the following 2 subsections:-

 (c) The inspector general shall hold not fewer than 4 public hearings in diverse geographic locations throughout the commonwealth to identify ways to improve the efficiency and effectiveness of the Mass Save program.

 (d) Not later than July 1, 2027, the inspector general shall file a report of its findings and recommendations with the secretary of energy and environmental affairs, the commissioner of energy resources, the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on telecommunications, utilities and energy. Recommendations shall include any remodeling of the program to reorganize, as necessary.

And further amend the bill by inserting after section 68D, inserted by Consolidated Amendment B, the following section:-

SECTION 68E. (a) Not later than 1 year after the effective date of this act, all electric companies, as defined in section 1 of chapter 164 of the General Laws, shall apply the tariff developed pursuant to section 163 of said chapter 164 to each data center within the electric company’s service area.

(b) Not later than 180 days after the effective date of this act, each electric company shall file an application with the department of public utilities to establish a tariff for the provision of electricity to data centers pursuant to said section 163 of said chapter 164.