2006 Massachusetts Code - Chapter 25 — Section 19. Funding for energy efficiency activities; mandatory charge per kilowatt-hour.

[ Text of section effective until November 22, 2005. For text effective November 22, 2005, see below.]

  Section 19. Beginning on March 1, 1998, and for a period of 10 years thereafter, the department is authorized and directed to require a mandatory charge per kilowatt-hour for all consumers of the commonwealth, except those served by a municipal lighting plant, to fund energy efficiency activities, including, but not limited to, demand-side management programs. Said charge shall be the following amounts: 3.3 mills ($0.0033) per kilowatt-hour for calendar year 1998; 3.1 mills ($0.0031) per kilowatt-hour for calendar year 1999; 2.85 mills ($0.00285) per kilowatt-hour for calendar year 2000; 2.7 mills ($0.0027) per kilowatt-hour for calendar year 2001; and 2.5 mills ($0.0025) per kilowatt-hour for calendar years 2002 to 2007, inclusive; provided, however, that in authorizing such programs the department shall ensure that they are delivered in a cost-effective manner utilizing competitive procurement processes to the fullest extent practicable. At least 20 per cent of the amount expended for residential demand-side management programs by each distribution company in any year, and in no event less than the amount funded by a charge of 0.25 mills per kilowatt-hour, which charge shall also be continued in the years subsequent to 2002, shall be spent on comprehensive low-income residential demand-side management and education programs. A distribution company shall not be allowed to assess any other charge relative to energy efficiency programs which would exceed the levels permitted herein. The low-income residential demand-side management and education programs shall be implemented through the low-income weatherization and fuel assistance program network and shall be coordinated with all gas and distribution companies in the commonwealth with the objective of standardizing implementation. Municipal demand side management programs shall include meter reading technologies for the purpose of energy efficiency, conservation and other energy management applications. On January 1, 2006, the division of energy resources shall, in order to determine if energy investments shall continue beyond that time, review then-current market barriers, experience with competitive markets, and related environmental and economic goals. If said division determines that the continued operation of the programs delivers cost-effective, energy efficiency services, said division shall file, with the clerk of the house of representatives of the general court, legislation to extend for a time certain the authorization contained herein for such a charge to fund energy efficiency activities.

Chapter 25: Section 19. Funding for energy efficiency activities; mandatory charge per kilowatt-hour

[ Text of section as amended by 2005, 140, Secs. 3 to 5 effective November 22, 2005. For text effective until November 22, 2005, see above.]

  Section 19. Beginning on March 1, 1998, and for a period of 15 years thereafter, the department is authorized and directed to require a mandatory charge per kilowatt-hour for all consumers of the commonwealth, except those served by a municipal lighting plant, to fund energy efficiency activities, including, but not limited to, demand-side management programs. Said charge shall be the following amounts: 3.3 mills ($0.0033) per kilowatt-hour for calendar year 1998; 3.1 mills ($0.0031) per kilowatt-hour for calendar year 1999; 2.85 mills ($0.00285) per kilowatt-hour for calendar year 2000; 2.7 mills ($0.0027) per kilowatt-hour for calendar year 2001; and 2.5 mills ($0.0025) per kilowatt-hour for calendar years 2002 to 2012, inclusive; provided, however, that in authorizing such programs the department shall ensure that they are delivered in a cost-effective manner utilizing competitive procurement processes to the fullest extent practicable. At least 20 per cent of the amount expended for residential demand-side management programs by each distribution company in any year, and in no event less than the amount funded by a charge of 0.25 mills per kilowatt-hour, which charge shall also be continued in the years subsequent to 2002, shall be spent on comprehensive low-income residential demand-side management and education programs. A distribution company shall not be allowed to assess any other charge relative to energy efficiency programs which would exceed the levels permitted herein. The low-income residential demand-side management and education programs shall be implemented through the low-income weatherization and fuel assistance program network and shall be coordinated with all gas and distribution companies in the commonwealth with the objective of standardizing implementation. Municipal demand side management programs shall include meter reading technologies for the purpose of energy efficiency, conservation and other energy management applications. On January 1, 2011, the division of energy resources shall, in order to determine if energy investments shall continue beyond that time, review then-current market barriers, experience with competitive markets, and related environmental and economic goals. If said division determines that the continued operation of the programs delivers cost-effective, energy efficiency services, said division shall file, with the clerk of the house of representatives of the general court, legislation to extend for a time certain the authorization contained herein for such a charge to fund energy efficiency activities.