{"AmendmentNumber":"37","ParentBillNumber":"H5151","Bill":null,"Sponsor":{"Id":"SCO1","Name":"Steven Owens","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/SCO1","ResponseDate":"2026-02-25T10:15:57.723"},"Category":null,"Action":"Consolidated","RollCall":[],"Title":"Prohibiting the use of ratepayer funds in utility rate cases, public relations, and promotions","Branch":"House","RedraftNumber":null,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Representatives Owens of Watertown and Armini of Marblehead move to amend the bill by adding the following section:\r\n\r\n“SECTION XXXX. Said chapter 164, as so appearing, is hereby amended by striking out section 33A and inserting in place thereof the following section:-  \r\nSection 33A. (a) For the purposes of this section, the following words and phrases shall have the following meanings:- \r\n''Advertising'', the commercial use by a utility of any media, including newspaper, social media, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to such utility's consumers, including any costs associated with research, analysis, preparation, planning, or any other related costs identified by the department as related to public communication whose purpose is to promote the sale or consumption of natural gas, electricity, or other thermal energy, unless such advertising is specifically approved or ordered by the department. \r\n\"Goodwill or institutional advertising\", means any advertising designed primarily to bring the utility's name before the general public in such a way as to solely improve the image of the utility or to promote the utility or the industry. \r\n''Political advertising'', any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters. \r\n''Promotional advertising'', any advertising for the purpose of encouraging any person to select or use the service or additional service of a utility regulated by the department, or the selection or installation of any appliance or equipment designed to use such utility's service. \r\nFor the purposes of this section, the terms “goodwill or institutional advertising,” ''political advertising,'' and ''promotional advertising'' shall not include advertising which informs consumers of any utility on how they can conserve energy, access money saving rates or programs, seek assistance or customer support, prepare for weather events, reduce peak demand for energy, or other services, such as building decarbonization or other electrification measures, or otherwise use the services of any utility in a cost-efficient manner; is required by federal or state laws or regulations; informs consumers regarding service interruptions, safety measures, or emergency conditions; concerns employment opportunities with a utility; or relates to any explanation or justification of existing or proposed rate schedules, or notification of hearings thereon which informs consumers of and stimulates the use of products or services which are subject to direct competition from products or services of entities not regulated by the department or any other government agency. A communication shall be considered advertising, goodwill or institutional advertising, promotional advertising, or political advertising if any portion of the communication is advertising, goodwill or institutional advertising, promotional advertising, or political advertising as defined herein. \r\n(b) No gas or electric company regulated by the department under this chapter may recover from any ratepayer of such company any direct or indirect expenditure by such company for goodwill or institutional, promotional, or political advertising as defined in this section. \r\n(c) No gas or electric company regulated by the department shall recover through rates any direct or indirect cost associated with: (i) membership, dues, sponsorships, or contributions to any entity incorporated under Section 501 of the Internal Revenue Code of 1986, as amended, including business or trade associations; (ii) charitable giving expenses, including contributions in cash or other quantifiable value to organizations qualified under section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as amended; (iii) executive or legislative lobbying, as those terms are defined in section 39 of chapter 3, or soliciting others to engage in executive or legislative lobbying, including any costs for activities associated with lobbying such as policy research, analysis, preparation, and planning undertaken in support of lobbying; (iv) contributions to political candidates, campaign committees, issue committees, or independent expenditure committees or other political expenses; (v) any costs, including marketing, administration, customer service, or other costs, for products or services not regulated by the department, unless determined by the department to be reasonable; (vi) tax penalties or fines issued against such company, unless determined by the department to be reasonable; (vii) travel, lodging, entertainment, gifts or food and beverage expenses for such company’s board of directors, trustees, and external advisory councils not required by the department or legislature, or the board of directors and officers of the parent of such company; or (viii) any owned, leased or chartered aircraft for such company’s board of directors, trustees, external advisory councils, and officers or the board of directors and officers of the parent of such company. \r\n(d) No gas or electric company regulated by the department shall recover through rates its direct or indirect costs associated with its attendance in, participation in, preparation for, or appeal of any contested proceeding conducted before the department. Such costs shall include, but need not be limited to, attorneys’ fees, fees to engage expert witnesses or consultants, the portion of employee salaries associated with such attendance, participation, preparation or appeal of a contested proceeding and related costs identified by the department.\r\n(e) The department may require each gas or electric company regulated under this section to report to the department to ensure such company’s compliance with this section.\r\n(f) The department and the office of ratepayer advocacy established pursuant to section 11E of chapter 12 shall monitor and investigate compliance and noncompliance with this section. If the department determines that a gas or electric company regulated by the department improperly recorded an expense for which recovery is prohibited by this section, the department shall assess a non-recoverable penalty against such company in an amount that is not less than the total amount of costs improperly recorded. In addition to assessing a non-recoverable penalty against a company pursuant to this subsection, the department shall order such company to refund the amount improperly recovered, plus interest, to customers. For each penalty assessed and collected from any such company pursuant to this section, a portion of the penalty, as determined by the department, may be distributed to ratepayers through a rebate, or distributed to the department and the office of ratepayer advocacy for the purpose of increasing resources for enforcing this section.”\r\n\r\n"}