DEPARTMENT OF PUBLIC UTILITIES

M.G.L. pt. Part I, tit. Title II, ch. c. 25

in effect

M.G.L. c. 25, § 1 Department of public utilities; seal

c. 25, § 1. Department of public utilities; seal Section 1. There shall be a department of public utilities, in this chapter called the department. It shall have an official seal, which shall be judicially noticed.

M.G.L. c. 25, § 1A Department priorities

c. 25, § 1A. Department priorities Section 1A. In discharging its responsibilities under this chapter and chapter 164, the department shall, with respect to itself and the entities it regulates, prioritize safety, security, reliability of service, affordability, equity and reductions in greenhouse gas emissions to meet statewide greenhouse gas emission limits and sublimits established pursuant to chapter 21N.

M.G.L. c. 25, § 2 Commonwealth utilities commission; membership; appointment and terms; chairman; quorum; salaries; annual report

c. 25, § 2. Commonwealth utilities commission; membership; appointment and terms; chairman; quorum; salaries; annual report Section 2. The department shall be under the supervision and control of the commonwealth utilities commission, in this chapter called the commission, which shall consist of 3 members, 2 of whom shall be appointed and may be removed by the secretary of energy and environmental affairs for a term coterminous with that of the governor. The third member shall be appointed and may be removed by the secretary for a term of 4 years. The secretary shall designate one commissioner as chairman, who shall serve as chairman for 2 years, and may be reappointed, unless removed as chairman by the secretary, with the approval of the governor. Commission members shall have background or expertise in electricity or natural gas matters. Any appointment or removal by the secretary under this section shall require the approval of the governor. The commissioners shall devote their full time to the duties of their office. Not more than 2 members of the commission shall be members of the same political party. Any decision made or order issued by the commission may be made by majority vote of a quorum of 2 members. The initial base salary of the chairman of the commission shall be $90,000, and the initial base salary of the other members shall be $82,500. Said salaries shall be subject to step increases consistent with the provisions of sections 45 and 46C of chapter 30. The members shall receive necessary expenses incurred in the discharge of their official duties. The commission shall make an annual report of its activities in January of each year to the general court.

M.G.L. c. 25, § 2A Energy advisory board; membership; duties

c. 25, § 2A. Energy advisory board; membership; duties Section 2A. There is hereby established within the executive office of energy and environmental affairs an energy advisory board, appointed by the governor, consisting of thirteen members: three representatives of investor-owned electric utilities; one representative of an investor-owned gas utility; two representatives of the environmental community; two representatives of the business community; one consumer representative; one representative of organized labor appointed from a list of three qualified names submitted by the Massachusetts State Labor Council, AFL–CIO; one representative of energy conservation providers; one representative of the independent power industry and the secretary of consumer affairs and business regulation. Said advisory board shall meet at least four times each fiscal year and shall make recommendations to the governor respecting mandated assessments and fees; relating to the provision of energy and energy services in the commonwealth; the relationship between existing fees and assessments on public utilities and patterns of timely regulatory action; the elimination of duplication of regulatory activity and relative to long-term planning and the future of the commonwealth's energy policy. Said advisory board shall report to the governor annually, which report shall also be submitted to the house and senate committees on ways and means no later than October first of each year. The members of the advisory board shall serve without compensation.

M.G.L. c. 25, § 3 Commissioners; oath; interests in regulated industry companies

c. 25, § 3. Commissioners; oath; interests in regulated industry companies Section 3. Each commissioner shall be sworn to the faithful performance of his or her official duties. A commissioner shall not own, or be in the employ of, or own any stock in any regulated industry company, nor shall he or she be in any way directly or indirectly pecuniarily interested in or connected with any such regulated industry company or in the employ or connected with any person financing any regulated industry company. A commissioner shall not personally or through any partner or agent render any professional service or make or perform any business contract with or for any regulated industry company, except contracts made with the commissioners as common carriers for furnishing of services, nor shall he or she directly or indirectly receive any commission, bonus, discount, present, or reward from any regulated industry company. For the purposes of this section and the provisions of chapter 164, a regulated industry company shall be defined as any corporation, city, town or other governmental subdivision, partnership or other organization, or any individual engaged within the commonwealth in any business which is, or the persons engaged in which are, in any respect made subject to the supervision or regulation of the department by any provision of law except chapter 110A of the General Laws and chapter 651 of the Acts of 1910, as amended.

M.G.L. c. 25, § 4 Chairman of commission; powers and duties; hearings; investigations; reports

c. 25, § 4. Chairman of commission; powers and duties; hearings; investigations; reports Section 4. The chairman shall have and exercise supervision and control over all the affairs of the commission. He shall preside at all hearings at which he is present, and shall designate a commissioner to act as chairman in his absence. He shall not, except as is otherwise provided herein, be charged with any administrative functions. In order to promote efficiency in administration he shall from time to time make such division or redivision of the work of the department among the commissioners as he deems expedient and may refer matters related to the need for, construction of, or siting of facilities, as defined in section sixty-nine G of chapter one hundred and sixty-four, as he deems appropriate to the energy facilities siting board in accordance with section sixty-nine H of chapter one hundred and sixty-four. All of the commissioners shall, if so directed by the chairman, participate in the hearing and decision of any matter coming before the commission. In the hearing of all matters other than those of formal or administrative character coming before the commission, at least 2 commissioners shall participate and in the decision of all such matters at least 2 commissioners shall participate; provided, that any such matter may be heard, examined and investigated by an employee of the department designated and assigned thereto by the chairman with the concurrence of one other commissioner. Such employee shall make a report in writing relative to every such matter to the commission for its decision thereon. For the purposes of hearing, examining and investigating any such matter such employee shall have all of the powers conferred upon a commissioner by section five A, and all pertinent provisions of said section shall apply to such proceedings. In every such case the concurrence of a majority of the commissioners participating in the decision shall be necessary therefor.

M.G.L. c. 25, § 4A Hearings on change of rates or reduction in or discontinuance of service; time and place

c. 25, § 4A. Hearings on change of rates or reduction in or discontinuance of service; time and place Section 4A. Upon request of the mayor of a city or the selectman of a town, or of a member of the general court or of twenty customers of the company affected, a public hearing ordered by the department, to be held in connection with any change in rates or reduction in or discontinuance of service, shall be held in the city or town or area wherein the company affected does business or in which any decision of the commission would apply. No public hearing on a discontinuance of service by a common carrier of passengers by motor vehicle shall take place until the expiration of thirty days from notice thereof to the public in the city, town or area affected thereby, and such notice shall be given in the manner provided by section three of chapter thirty A. The department shall, at least fourteen days prior to holding any public hearing under this section, notify in writing the mayor of each city and the selectmen of each town in which the company does business of the time and place of such hearing.

M.G.L. c. 25, § 4B Authority of commissioner upon declaration of state of emergency

c. 25, § 4B. Authority of commissioner upon declaration of state of emergency Section 4B. Upon declaration by the governor that a state of emergency exists, the governor may authorize the chairman of the department of public utilities to take such action that the chairman may consider necessary to assure public safety and welfare through the priority restoration or continuing availability of gas, electric and water utility services. Under such authority, the chairman may issue operational and management directives and order expenditures or other measures by any investor-owned utility that the chairman considers necessary to respond to the state of emergency, including but not limited to, expenditures for the deployment of personnel, equipment and other assets or property of an alternative utility to assume responsibility for the restoration of service if, in the judgment of the chairman, the affected utility is incapable of restoring service. The chairman shall have immediate access to all utility documents, information and personnel necessary to respond to the state of emergency; provided, however, that documents and information provided to the chairman during such state of emergency shall be subject to the exemption provided by subclause (n) of clause 26 of section 7 of chapter 4, to the extent necessary to protect the public safety. The chairman may temporarily suspend any department rule or regulation and implement any emergency rule, procedure or protocol that is necessary to respond to the emergency. Any orders issued by the chairman shall expire within 30 business days unless ratified by the commission prior to the 30 day expiration; provided, however, that said ratification by the commission shall prescribe an end date for each order. Expenses authorized by the chairman under this section may be recognized by the department for all purposes as proper business expenses of the affected utility or alternative utility subject to investigation and recovery through rates. The affected utility shall be required to reimburse the alternative utility for all its costs incurred within 90 days of the receipt of invoices for the cost of service. Failure of any investor-owned utility to carry out an order by the chairman authorized under this section shall be subject to investigation and a penalty of up to $1,000,000 per violation. A penalty levied by the department shall be returned to ratepayers through distribution rates. Any investor-owned utility aggrieved by an order or directive issued by the chairman under this section may request a hearing within 90 days from the date the state of emergency ends.

M.G.L. c. 25, § 4C Action for appointment of receiver to oversee operation of investor-owned electric distribution, transmission or natural gas distribution company during existence of emergency

c. 25, § 4C. Action for appointment of receiver to oversee operation of investor-owned electric distribution, transmission or natural gas distribution company during existence of emergency Section 4C. (a) As used in this section, ''emergency'' shall mean a situation or condition which presents a threat to the public safety and welfare of the company's customers. An organized labor activity conducted for union recognition or as a tactic in contract negotiations shall not, of itself, constitute an emergency. The attorney general on his own initiative, or upon petition by the department or by the city council in an affected city or by the board of selectmen in an affected town, may bring an action in superior court requesting the appointment of a receiver to oversee the operation of an investor-owned electric distribution, transmission or natural gas distribution company who serves less than 100,000 customers in the commonwealth. The court may appoint a receiver to operate the company, provided that the court finds that an emergency exists, and that the company has (a) materially violated standards for responding to emergencies, or (b) there is other compelling evidence that the company will not be able to comply with such standards without a receivership. (b) The court may appoint as a receiver any person appearing on a list established for the purpose by the chairman and the secretary of energy and environmental affairs after the chairman and secretary consult with representatives of investor-owned electric distribution, transmission and natural gas distribution companies. (c) The purpose of a receivership created under this section shall be to safeguard the health, safety and welfare of the company's customers. A receiver appointed hereunder shall not take any actions or assume any responsibilities inconsistent with this purpose. (d) No person shall impede the operation of a receivership created under this section. There shall be an automatic stay for a 120–day period subsequent to the appointment of a receiver, of any action that would interfere with the functioning of the company, including but not limited to, cancellation of insurance policies executed by the company or repossession of equipment used in the facility. (e) Unless the court determines otherwise, a receivership created under this section shall not exceed 1 year. (f) A receiver appointed pursuant to this section shall have access to all company utility assets and records and may manage the company's assets in a manner which will restore or maintain an acceptable level of service. The receiver may hire, direct or manage any employee, discharge any non-union employee, order an internal management audit, expend existing company utility revenues for labor and materials and make additional expenditures essential to providing an acceptable level of service; provided, that such expenditures are funded in accordance with generally accepted utility practices. Any costs incurred by the department or receiver under this section shall be the responsibility of the company. The company may petition the court to determine the reasonableness of any expenditure by the receiver. (g) The court shall set a reasonable compensation for the receiver that is consistent with the regulations of the department. Such compensation shall be paid from the revenues of the company. (h) No person shall bring an action against a receiver appointed under this section without first securing leave of court. The receiver shall be deemed the beneficiary of any insurance policies held by the company relating to the liability of directors or officers of the company. (i) The department may promulgate rules and regulations, as necessary, for the implementation of this section. (j) Notwithstanding the foregoing, this section shall not apply to an electric or gas distribution company serving less than 100,000 customers within the commonwealth that has an affiliate in the state which serves more than 100,000 customers within the commonwealth and the affiliates perform emergency restoration jointly.

M.G.L. c. 25, § 5 Rulings; orders; appeal; costs; staying enforcement; burden of proof; evidence

c. 25, § 5. Rulings; orders; appeal; costs; staying enforcement; burden of proof; evidence Section 5. When so requested by any party interested, the commission shall rule upon any question of substantive law properly arising in the course of any proceeding before the commission or any member or members thereof, and any party interested aggrieved by such ruling may object thereto, and may secure a review as hereinafter provided. Any failure or refusal of the commission to rule upon such question at or prior to the entry of a final order or decision shall be taken and recorded as a ruling adverse to the party requesting the ruling. An appeal as to matters of law from any final decision, order or ruling of the commission may be taken to the supreme judicial court by an aggrieved party in interest by the filing of a written petition praying that the order of the commission be modified or set aside in whole or in part. Such petition for appeal shall be filed with the secretary of the commission within twenty days after the date of service of the decision, order or ruling of the commission, or within such further time as the commission may allow upon request filed prior to the expiration of the twenty days after the date of service of said decision, order or ruling. The commission shall serve such decision, order or ruling upon all parties in interest by mailing, postpaid, within one day of its being entered, and service shall be presumed to have occurred in the normal course of delivery of such mail. Within ten days after such petition has been filed, the appealing party shall enter the appeal in the supreme judicial court sitting in Suffolk county by filing a copy thereof with the clerk of said court, and shall file therewith a certificate that he is of the opinion that there is such probable ground for the appeal as to make it a fit subject for judicial inquiry and that it is not intended for delay; and double costs may be assessed by the court upon any such party whose petition shall appear to the court not to be a fit subject for judicial inquiry or shall appear to be intended for delay. The record on appeal shall include one copy of the petition of the appellant or other original papers, and of the decision, order or ruling of the commission; and if and to the extent that either the commission or the appellant or any other party to the proceedings so requests within twenty days from filing the petition for appeal with the commission, it shall include one copy of the exhibits and documents introduced in the proceeding before the commission, of the official report of the proceedings and of the findings of fact of the commission. The secretary of the commission shall make an estimate of the expense of the preparation and transmission of the necessary papers and copies of papers aforesaid, and shall give the appellant notice in writing of the amount of such estimate. The appellant, within twenty days after the date of such notice from the secretary, shall pay to him the amount of such estimate and such further amount beyond such estimate as the secretary shall find to be then due for such preparation. The secretary then without delay shall prepare the papers and copies of papers aforesaid for transmission, and when they are ready shall give notice in writing of such fact to the appellant who, within five days after the date of such notice, shall pay to the secretary any balance then due therefor. The record on appeal shall then be certified to the supreme judicial court by the secretary of the commission. The commission or the supreme judicial court or any justice or judge thereof may for cause shown extend the time for doing any of the acts required by this paragraph. The supreme judicial court may order the transmission of the original or a copy of any paper not appearing in the record, or appearing therein in an abbreviated form, if at any time such omitted paper or any omitted part of such abbreviated paper becomes material. Each claim of appeal shall set forth separately and particularly each error of law asserted to have been made by the commission. Upon the entry of the appeal it shall be heard and determined by the court, which shall have jurisdiction to affirm, modify or set aside such decision, order or ruling of the commission in whole or in part, or remand the proceeding to the commission with instructions subject to review by the full court upon appeal. Any decision, order or ruling of the commission shall be effective and may be enforced according to its terms and the operation or enforcement thereof shall not be suspended or stayed by the entry of an appeal therefrom. The procedure before the court, except as otherwise set forth herein, shall be that prescribed by its rules, which shall state upon what terms the operation or enforcement of the decision, order or ruling shall be stayed. Any stock, bonds, debentures, convertible debentures, coupon notes, notes or other evidences of indebtedness issued pursuant to and in accordance with a decision, order, or ruling of the commission shall, if issued more than sixty days after the date of service of such decision, order or ruling, be valid and binding in accordance with their terms notwithstanding such decision, order or ruling of the commission is later modified or set aside in whole or in part unless the operation or enforcement of such decision, order or ruling has been suspended or stayed by the court prior to such issuance. The burden of proof shall be upon the appealing party to show that the decision, order or ruling of the commission appealed from is invalid. No evidence beyond that contained in the record shall be introduced before the court, except that in cases where issues of confiscation or of constitutional right are involved the court may order such additional evidence as it deems necessary for the determination of such issues to be taken before the commission and to be adduced at the hearing in such manner and upon such terms and conditions as to the court may seem proper. Whenever the court shall order additional evidence to be taken, the commission shall promptly hear and report such evidence to the court so that the proof may be brought as nearly as reasonably possible down to the date of its report thereof to the court. The commission may, after hearing such evidence, modify its findings as to facts and its original decision or orders by reason of the additional evidence so taken, and it shall file with the court such amended decision or orders and such modified or new findings. If the commission shall modify or amend its original decision or orders, the appealing party or any other party aggrieved by such modified or amended decision or order may file with the court, within such time as the court may allow, a specification of any errors of law claimed to have been made by the commission in such modified decision or orders, which specification of errors shall thereupon be considered by the court in addition to the errors of law asserted in the claim of appeal. Any proceeding in any court in the commonwealth directly affecting an order of the commission, or to which it is a party, shall have preference over all other civil proceedings pending in such court, except election cases. The supreme judicial court shall also have jurisdiction upon application of the commission to enforce all orders of the commission.

M.G.L. c. 25, § 5A Witnesses; summonses; subpoenas; fees

c. 25, § 5A. Witnesses; summonses; subpoenas; fees Section 5A. In all investigations and inquiries authorized by law to be made by the department and in all proceedings before it, any commissioner of the department may summon witnesses, administer oaths and take testimony. The fees of such witnesses for attendance and travel shall be the same as for witnesses before the superior court and shall be paid by the commonwealth upon the certificate of the department filed with the comptroller. The fees of such witnesses need not be paid or tendered to them prior to their attendance and testimony. Subpoenas may be issued at the instance of a complainant, respondent or any other party to any proceeding before the commission under such rules as the department may establish, in which case the cost of service and the fees of witnesses shall be borne by the party at whose instance the witness is summoned, and such fees shall be paid to the witnesses as provided in the case of witnesses before the superior court.

M.G.L. c. 25, § 5B Rules and regulations

c. 25, § 5B. Rules and regulations Section 5B. The department shall issue, following public hearings in accordance with chapter thirty A, rules and regulations for the enforcement of section thirty-three A of chapter one hundred and sixty-four.

M.G.L. c. 25, § 5C Hazardous materials; rail transportation regulations

c. 25, § 5C. Hazardous materials; rail transportation regulations Section 5C. The department shall promulgate, in accordance with chapter thirty A, rules and regulations for the transportation by rail of hazardous materials in the commonwealth. Said regulations shall be consistent with any federal regulations in effect.

M.G.L. c. 25, § 5D Trade secrets, confidential information; protection from disclosure; burden of proof

c. 25, § 5D. Trade secrets, confidential information; protection from disclosure; burden of proof Section 5D. Notwithstanding the provisions of clause Twenty-sixth of section seven of chapter four and section ten of chapter sixty-six, the department may protect from public disclosure, trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted pursuant to this chapter. There shall be a presumption that the information for which such protection is sought is public information and the burden shall be upon the proponent of such protection to prove the need for such protection. Where such a need has been found to exist, the department shall protect only so much of the information as is necessary to meet such need. The department shall promulgate procedural rules and regulations consistent with this section as it deems necessary to implement the provisions hereof.

M.G.L. c. 25, § 5E Audit of companies subject to jurisdiction of department; time of commencement; payment of costs; filing of results

c. 25, § 5E. Audit of companies subject to jurisdiction of department; time of commencement; payment of costs; filing of results Section 5E. The department may, from time to time, audit all companies subject to its jurisdiction, except steam distribution companies. Such audits may include, but shall not be limited to, review of the following documents: (a) all financial statements, the balance sheet, the income statement, the statement of cash flows, the statement of retained earnings, the notes to the financial statements, and the information in the annual return to the department; (b) all documents concerning reconciling mechanisms related to rates, prices, charges, or costs and savings related to a merger, acquisition or consolidation within 3 years after the merger, acquisition or consolidation; and (c) documents concerning service quality measure statistics and service quality performance at least every 3 years or whenever service quality penalties equal to or exceed 50 per cent of the maximum. Upon written complaint of the attorney general requesting an independent audit of a company subject to the department's jurisdiction, the department shall commence a proceeding within 30 days of receipt of the complaint for the purpose of ordering the requested audit in a reasonable time. The results of any audit so ordered shall be filed promptly with the department and each audit shall be paid for by the company that is the subject of the audit.

M.G.L. c. 25, § 7 Duties relative to common carriers; employees; division of railroad track inspection

c. 25, § 7. Duties relative to common carriers; employees; division of railroad track inspection Section 7. For the performance of the department's duties relative to common carriers the commission may appoint or employ and remove such engineers, accountants, statisticians, bureau chiefs and division heads, assistants, inspectors, clerks and other subordinates as are required therefor, and may appoint on such terms as it deems advisable a counsel and attorneys who, in the conduct of litigation and court proceedings, shall act under the direction of the attorney general. Accountants shall be skilled in the methods of railroad accounting and under the direction of the commission shall supervise the method by which the accounts of corporations operating railroads or street railways are kept. The commission shall appoint one or more competent experts to examine the reports required by section eighty-three of chapter one hundred and fifty-nine, and may, whenever in its opinion public interest requires, in connection with any proposed issue of stock or bonds by a railroad corporation or street railway company, employ competent experts to investigate the character, cost and value for railroad or railway purposes of the property of such corporation or company. There shall be in the department a division of railroad track inspection which shall be charged with inspecting and reporting the condition and safety factor of all railroad track in the commonwealth. Said division shall maintain a continuous up to date cumulative record of all such inspections which shall be available to the public.

M.G.L. c. 25, § 8 Duties relative to common carriers; expenditures

c. 25, § 8. Duties relative to common carriers; expenditures Section 8. For the performance of the department's duties relative to common carriers the commission may expend annually such sums to procure opinions, advice, plans, surveys, appraisals, audits, examinations, statistics, information, apparatus, instruments, books, tables, maps, drawings, supplies, sundries, and for travel within or without the commonwealth and expense incidental thereto, as it may from time to time deem requisite in the performance of its duties. It may from time to time cause to be made a compilation with annotations of the statutes of this commonwealth relating to common carriers.

M.G.L. c. 25, § 9 Duties relative to water, gas and electric companies; expenditures; employees

c. 25, § 9. Duties relative to water, gas and electric companies; expenditures; employees Section 9. For the performance of the department's duties relative to water, gas and electric companies the commission may expend annually for necessary statistics, books, stationery and contingent expenses, and for clerical and other assistance, such sums as the general court shall annually appropriate, and may appoint or employ, subject to the approval of the governor and council, such expert assistance as it may deem advisable, on such terms of office or employment as it may deem proper, and may expend therefor and for the performance of the duties imposed upon it by law such sums as the general court shall annually appropriate.

M.G.L. c. 25, § 10 Officers and employees; supervision and control

c. 25, § 10. Officers and employees; supervision and control Section 10. The commission may assign to all officers and employees appointed or employed under the three preceding sections such duties as it shall from time to time deem advisable, but all acts of such officers and employees shall be done under the supervision and control of, and subject to revision by, the commission.

M.G.L. c. 25, § 10B Filing fees

c. 25, § 10B. Filing fees Section 10B. Except when a fee is required by another provision of law, and except in the case of a filing by the commonwealth or any of its political subdivisions, the department shall charge and collect fees as determined annually by the commissioner of administration under the provision of section three B of chapter seven in the following instances: 1. For filing a tariff having intrastate application only, schedule or amendment thereto, or a contract filed under section seven of chapter one hundred and fifty-nine B, and for filing an application for a permit for special service, under section eleven A of chapter one hundred and fifty-nine A. 2. For filing each annual report or any contract, other than one required to be filed under section seven of chapter one hundred and fifty-nine B, required by law to be filed with the department, and for filing an appeal to the commission from a ruling or decision of the director of the transportation division, under section twelve F of this chapter. 3. For filing each application for a certificate of public convenience and necessity under chapter one hundred and fifty-nine A, for the issuance of a license for charter service under chapter one hundred and fifty-nine A, or for exemption from a zoning ordinance. 4. For filing each application by any public utility for approval of the issue of stocks, bonds, notes or other evidences of indebtedness according to the amount thereof, as follows: For each additional $10,000 or fraction thereof 5. For any other approval or authority of the department. The department shall designate one of its employees to receive all fees collected under this section who shall give bond to the state treasurer in the sum of ten thousand dollars.

M.G.L. c. 25, § 12F Transportation division; director; assistants

c. 25, § 12F. Transportation division; director; assistants Section 12F. There shall be in the department, and under the general supervision and control of the commission, a transportation division which shall be under the charge of a director, who shall be subject to chapter thirty-one and the rules and regulations made under authority thereof. The commission shall appoint said director. Said division, subject to such supervision and control, shall perform such functions in relation to the administration and enforcement of chapter one hundred and fifty-nine B imposed upon the department by said chapter as the commission may from time to time determine by order duly recorded in the office of the commission and open to public inspection. Such an order may also provide for appeals to the commission from rulings and decisions of said director. The commission may employ such assistants and employees to serve in said division as it may deem necessary, and may assign for service in said division such number, not exceeding twenty-five, of investigators and examiners as it may deem necessary. The railway and bus division and all the powers, duties and responsibilities assigned to said railway and bus division shall be transferred to said transportation division.

M.G.L. c. 25, § 12G Transportation division; investigations and inquiries

c. 25, § 12G. Transportation division; investigations and inquiries Section 12G. In all investigations and inquiries authorized by law to be made by the director of the transportation division, and in all proceedings before him, he may summon witnesses, administer oaths and take testimony. The provisions of section five A relative to fees of witnesses in proceedings before the department shall apply to witnesses summoned under this section.

M.G.L. c. 25, § 12N Facility siting division; clean energy infrastructure dashboard

c. 25, § 12N. Facility siting division; clean energy infrastructure dashboard Section 12N. There is hereby established within the department, and under the general supervision and control of the commission, a facility siting division, which shall be under the charge of a director appointed by the commission. The facility siting division, hereinafter referred to as the division, shall perform such functions as the commission deems necessary for the administration, implementation and enforcement of sections 69G to 69W, inclusive, of chapter 164 imposed upon the department and the energy facilities siting board by said sections. The division shall maintain a real-time, online, clean energy infrastructure dashboard. The division shall, in cooperation with the executive office of energy and environmental affairs and its affiliated departments and offices, create, maintain and update the dashboard by collecting, facilitating the collection and reporting of comprehensive data and information related to: (i) accelerating the responsible deployment of clean energy infrastructure through siting and permitting reform in a manner consistent with applicable legal requirements, including, but not limited to, the greenhouse gas emissions limits and sublimits set under chapter 21N; (ii) facilitating community input into the siting and permitting of clean energy infrastructure; and (iii) ensuring that the benefits of clean energy deployment are shared equitably among all residents of the commonwealth. The dashboard shall, at a minimum, report for the most recent reporting period and in the aggregate the number of applications filed, decided or pending information, including, but not limited to: (i) the number of applications deemed incomplete and the number of applications constructively approved; (ii) the average duration of application review; and (iii) average staffing levels delineated by job classification. The dashboard shall make use of bar charts, line charts and other visual representations to facilitate public understanding of both recent performance and long-term and cumulative trends and outcomes of clean energy deployment. The division shall convene a stakeholder process to develop and inform the design and content of the dashboard; provided, however, that comprehensive data and information shall be made publicly available in a machine-readable format.

M.G.L. c. 25, § 12O Department of Telecommunications and Energy Trust Fund

c. 25, § 12O. Department of Telecommunications and Energy Trust Fund Section 12O. There shall be established upon the books of the commonwealth a separate fund to be known as the Department of Telecommunications and Energy Trust Fund. There shall be credited to said fund all amounts collected pursuant to the second paragraph of section 18 and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department of telecommunications and energy commission, for activities of the department related to the regulation of electric companies. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in the following fiscal year.

M.G.L. c. 25, § 12P Department of Public Utilities Storm Trust Fund

c. 25, § 12P. Department of Public Utilities Storm Trust Fund Section 12P. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Department of Public Utilities Storm Trust Fund. There shall be credited to this fund all amounts collected under the third paragraph of section 18 and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department of public utilities for activities of the department in investigating the preparation for and responses to storm and other emergency events by the electric companies. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in the following fiscal year.

M.G.L. c. 25, § 12Q Department of Public Utilities Energy Facilities Siting Board Trust Fund

c. 25, § 12Q. Department of Public Utilities Energy Facilities Siting Board Trust Fund Section 12Q. There shall be a Department of Public Utilities Energy Facilities Siting Board Trust Fund. The department shall credit to the fund: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) a portion of assessments, as determined by the department, collected pursuant to section 18; (iii) a portion of application fees, as determined by the department, collected pursuant to section 69J1/2 of chapter 164; and (iv) income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department for operation of the energy facilities siting board established in section 69H of said chapter 164. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in subsequent fiscal years. Annually, not later than December 1, the department shall issue a report to the clerks of the senate and house of representatives and to the chairs of the senate and house committees on ways and means on the fund activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.

M.G.L. c. 25, § 12R Department of Public Utilities Unified Carrier Registration Trust Fund

c. 25, § 12R. Department of Public Utilities Unified Carrier Registration Trust Fund Section 12R. There shall be a Department of Public Utilities Unified Carrier Registration Trust Fund. The department shall credit to the fund: (i) application fees collected pursuant to section 10 of chapter 159B; and (ii) income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department for the regulation of motor carriers pursuant to said chapter 159B. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in subsequent fiscal years. Annually, not later than December 1, the department shall issue a report to the clerks of the senate and house of representatives and to the chairs of the senate and house committees on ways and means on the fund activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.

M.G.L. c. 25, § 12S Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund

c. 25, § 12S. Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund Section 12S. There shall be a Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund. The department shall credit to the fund: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) a portion of assessments, as determined by the department, collected pursuant to section 18; (iii) a portion of application fees, as determined by the department, collected pursuant to sections 69J1/2, 69T, 69U, 69V and 69W of chapter 164; (iv) any non-ratepayer funded sources obtained through gifts, grants, contributions and bequests of funds from any department, agency or subdivision of federal, state or municipal government or any individual, foundation, corporation, association or public authority; and (v) income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be expended solely, without further appropriation, for the purposes set forth in section 149 of chapter 164, consistent with the requirements set forth in said section 149 of said chapter 164 and any regulations promulgated thereunder. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall not revert and shall be available for expenditure in subsequent fiscal years.

M.G.L. c. 25, § 12T Division of public participation; assisting parties with matters before the department or energy facilities siting board

c. 25, § 12T. Division of public participation; assisting parties with matters before the department or energy facilities siting board Section 12T. There shall be a division of public participation within the department and under the general supervision and control of the commission, which shall be under the charge of a director appointed by the commission. The division of public participation, hereinafter referred to as the division, shall perform such functions as the commission may determine and shall be responsible for assisting individuals, local governments, community organizations and other entities before the department or the energy facilities siting board. With respect to matters before the department, the division shall assist such parties with navigating filing requirements, opportunities to provide comment and intervene and facilitating dialogue among parties to proceedings. With respect to siting and permitting matters under the jurisdiction of the energy facilities siting board, the division shall assist individuals, local governments, community organizations, project applicants and other entities with navigating pre-filing consultation and engagement requirements, clarifying filing requirements, identifying opportunities to intervene and facilitating dialogue among stakeholders involved in the permitting process and shall assist with coordinating with other state, regional and local officials, including the office of environmental justice and equity established by section 29 of chapter 21A, involved in the prefiling consultation process, pre-filing engagement process and the permitting process generally. The director and staff of the division shall not participate as adjudicatory staff, nor have any input or communication with adjudicatory or decisional staff, in matters before the department or in reviewing applications submitted to the energy facilities siting board, nor shall they serve as legal counsel to or otherwise represent any party before the department or the energy facilities siting board. The director shall be responsible for making final determinations with respect to intervenor funding support requests made pursuant to section 149 of chapter 164 and administering all aspects of the intervenor support grant program established pursuant to said section 149 of said chapter 164. The department, in consultation with the energy facilities siting board, shall promulgate regulations to implement this section, including for the function and participation of the division of public participation and ex parte prohibitions, as appropriate.

M.G.L. c. 25, § 18 Assessments upon energy companies based on intrastate revenues; rates

c. 25, § 18. Assessments upon energy companies based on intrastate revenues; rates Section 18. The commission may make an assessment against each electric and gas company under the jurisdictional control of the department and each generation company and supplier licensed by the department to do business in the commonwealth, based upon the intrastate operating revenues subject to the jurisdiction of the department of each such company derived from sales within the commonwealth of electric and gas service, respectively, as shown in the annual report of each such company to the department. Said assessments shall be made at a rate not exceeding 0.3 per cent of such intrastate operating revenues, as shall be determined and certified annually by the commission as sufficient to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the department, exclusive of funds appropriated by the general court for the transportation division and for the cost of fringe benefits as established by the commissioner of administration pursuant to section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave. The funds may be used to compensate consultants in hearings on petitions filed by companies subject to assessment under this section. Assessments made under this section may be credited to the normal operating cost of each company. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the department. Such assessments shall be collected by the department and credited to the General Fund. Any funds unexpended in any fiscal year for the purposes for which such assessments were made shall be credited against the assessment to be made in the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount. For the purpose of providing the department with additional operating funds for the regulation of electric companies, the commission may make a separate assessment proportionally against each electric company under the jurisdictional control of the department and each generation company and supplier licensed by the department to do business in the commonwealth, based upon the intrastate operating revenues subject to the jurisdiction of the department of each of such companies derived from sales within the commonwealth of electric service, as shown in the annual report of each of such companies to the department. Such assessment shall be made at a rate as shall be determined and certified annually by the commission as sufficient to produce an annual amount of not less than $2,438,000 commencing in fiscal year 1998 and in each fiscal year thereafter, plus the costs of fringe benefits and indirect costs as established by the commissioner of administration pursuant to section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave. The amount of such assessment may be increased by the commission annually by a rate not to exceed the most recent annual consumer price index as calculated for the northeast region for all urban consumers. Assessments made under this section may be credited to the normal operating cost of each company. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the department. Such assessments shall be collected by the department, and credited to the Department of Telecommunications and Energy Trust Fund established by section 12O. For the purpose of providing the department with additional operating funds for activities of the department in investigating the preparation for and responses to storm and other emergency events by the electric companies doing business in the commonwealth, the commission may make a separate assessment proportionally against each electric company under the jurisdictional control of the department, based upon the intrastate operating revenues subject to the jurisdiction of the department of each of the companies derived from sales within the commonwealth of electric service, as shown in the annual report of each of the companies to the department. This assessment shall be made at a rate that shall be determined and certified annually by the commission as sufficient to produce an annual amount of not less than $165,000, plus the costs of fringe benefits and indirect costs as established by the secretary of administration and finance under section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave. The amount of the assessment may be increased by the commission annually by a rate not to exceed the most recent annual consumer price index as calculated for the northeast region for all urban consumers. Notwithstanding any general or special law to the contrary, no electric company may seek recovery of any assessments made under this paragraph in any rate proceeding before the department. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the department. Such assessments shall be collected by the department and credited to the Department of Public Utilities Storm Trust Fund established in section 12P. The commission may make an assessment against each electric company under the jurisdictional control of the department, based upon the intrastate operating revenues subject to the jurisdiction of the department of each such company derived from sales within the commonwealth of electric service, as shown in the annual report of each such company to the department. The assessments shall be made at a rate of not more than 0.1 per cent of such intrastate operating revenues, as shall be determined and certified annually by the commission as sufficient to reimburse the commonwealth for: (i) funds appropriated by the general court for the operation and general administration of the energy facilities siting board, exclusive of the cost of fringe benefits established by the comptroller pursuant to section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave; and (ii) funds for a clean energy infrastructure dashboard, as required to be maintained by the facility siting division pursuant to section 12N. The funds may be used by the energy facilities siting board to compensate consultants in hearings on petitions filed by companies subject to assessment under this section. Assessments made under this section may be credited to the normal operating cost of each company. Each company shall pay the amount assessed against it not later than 30 days after the date of the notice of assessment from the department. The department shall collect such assessments and credit a portion of said assessments to the Department of Public Utilities Energy Facilities Siting Board Trust Fund established under section 12Q and the Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund established under section 12S. Any funds unexpended in any fiscal year for the purposes for which such assessments were made shall be credited against the assessment to be made in the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount. For the purpose of providing the department with funds to be used to provide support to intervenors in the department or energy facilities siting board proceedings consistent with section 149 of chapter 164, the commission may make a separate assessment proportionally against each electric and gas company under the jurisdictional control of the department, based upon the intrastate operating revenues subject to the jurisdiction of the department of each of such companies derived from sales within the commonwealth of electric and gas service, as shown in the annual report of each of such companies to the department. Such assessments shall be made at a rate as shall be determined and certified annually by the commission as sufficient to produce an annual amount of not more than $3,500,000. The amount of the assessment may be increased by the commission annually by a rate not to exceed the most recent annual consumer price index as calculated for the northeast region for all urban consumers. Assessments made under this section may be credited to the normal operating cost of each company. Each company shall pay the amount assessed against it not later than 30 days after the date of the notice of assessment from the department. Such assessments shall be collected by the department and credited to the Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund established by section 12S. Funds unexpended in any fiscal year and remaining in the fund shall be credited against the assessment to be made in the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount. A schedule of filing fees shall be determined annually by the commissioner of administration under the provisions of section 3B of chapter 7 for the following: (i) petitions for certificates of environmental impact and public need, provided, however, that such filing fee for any municipal corporation empowered to operate a municipal lighting plant under the provisions of section 35 or 36 of chapter 164 shall not exceed a maximum amount; and (ii) notices of intention to construct an oil facility, with a maximum amount per oil facility to be graduated in accordance with the expected capital investment in the facility.

M.G.L. c. 25, § 18A Assessment against steam distribution companies; apportionment; time for payment; credit for unexpended funds

c. 25, § 18A. Assessment against steam distribution companies; apportionment; time for payment; credit for unexpended funds Section 18A. The commission may make an assessment against each steam distribution company under the jurisdictional control of the department. Each steam distribution company shall annually report by March 31 its intrastate operating revenues for the previous calendar year to the department. The assessments shall be apportioned according to each steam distribution company's intrastate operating revenues, to produce an annual amount not greater than $600,000, as shall be determined and certified annually by the commission as sufficient to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the department and for the cost of fringe benefits as established by the commissioner of administration under section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave. Each company shall pay the amount assessed against it within 30 days after receipt of the notice of assessment from the department. Such assessments collected by the department shall be credited to the General Fund. Any funds unexpended in any fiscal year for the purposes for which such assessments were made shall be credited against the assessment to be made in the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount.

M.G.L. c. 25, § 19 Funding for energy efficiency programs; mandatory charge per kilowatt-hour; other funding; gas energy efficiency programs; allocation of funds; transfer of funds for the clean energy equity workforce and market development program

c. 25, § 19. Funding for energy efficiency programs; mandatory charge per kilowatt-hour; other funding; gas energy efficiency programs; allocation of funds; transfer of funds for the clean energy equity workforce and market development program Section 19. (a) The department shall require a mandatory charge of 2.5 mills per kilowatt-hour for all consumers, except those served by a municipal lighting plant, to fund energy efficiency programs including, but not limited to, demand side management programs. The programs shall be administered by the electric distribution companies and by municipal aggregators with energy plans certified by the department under subsection (b) of section 134 of chapter 164. In addition to the aforementioned mandatory charge, such programs shall also be funded, without further appropriation, by: (1) amounts generated by the distribution companies and municipal aggregators under the Forward Capacity Market program administered by ISO–NE, as defined in section 1 of chapter 164; and (2) cap and trade pollution control programs, including, but not limited to, and subject to section 22 of chapter 21A, not less than 80 per cent of amounts generated by the carbon dioxide allowance trading mechanism established under the Regional Greenhouse Gas Initiative Memorandum of Understanding, as defined in subsection (a) of section 22 of chapter 21A, and the NOx Allowance Trading Program; and (3) other funding as approved by the department after consideration of: (i) the effect of any rate increases on residential and commercial consumers; (ii) the availability of other private or public funds, utility administered or otherwise, that may be available for energy efficiency or demand resources; and (iii) whether past programs have lowered the cost of electricity to residential and commercial consumers. In authorizing such programs, the department shall ensure that they are delivered in a cost-effective manner capturing all available efficiency opportunities, minimizing administrative costs to the fullest extent practicable; provided, however, that when determining cost-effectiveness, the calculation of program benefits shall include calculations of the social value of greenhouse gas emissions reductions, except in the cases of conversions from fossil fuel heating and cooling to fossil fuel heating and cooling and utilizing competitive procurement processes to the fullest extent practicable. (b) The department may approve and fund gas energy efficiency programs proposed by gas distribution companies including, but not limited to, demand side management programs. Energy efficiency activities eligible for funding under this section shall include combined heat and power and geothermal heating and cooling projects. Funding may be supplemented by funds authorized by section 21. The programs shall be administered by the gas distribution companies. In authorizing such programs, the department shall ensure that they are delivered in a cost-effective manner capturing all available efficiency opportunities, minimizing administrative costs to the fullest extent practicable; provided, however, that when determining cost-effectiveness, the calculation of program benefits shall include calculations of the social value of greenhouse gas emissions reductions, except in the cases of conversions from fossil fuel heating and cooling to fossil fuel heating and cooling and utilizing competitive procurement processes to the fullest extent practicable. (c) Electric and gas energy efficiency program funds shall be allocated to customer classes, including the low-income residential subclass, in proportion to their contributions to those funds; provided, however, that at least 10 per cent of the amount expended for electric energy efficiency programs and at least 20 per cent of the amount expended for gas energy efficiency programs shall be spent on comprehensive low-income residential demand side management and education programs. 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 electric and gas distribution companies in the commonwealth with the objective of standardizing implementation. Such programs shall be screened only through cost-effectiveness testing which compares the value of program benefits to program costs to ensure that a program is designed to obtain energy savings and system benefits with value greater than the costs of the program; provided, however, that when determining cost-effectiveness, the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions, except in the cases of conversions from fossil fuel heating and cooling to fossil fuel heating and cooling. (d) Notwithstanding any provision of this section to the contrary, the department shall annually direct the electric and gas distribution companies and municipal aggregators with certified energy plans to jointly transfer, on or before December 31, not less than $12,000,000 in funds collected pursuant to this section to the Massachusetts clean energy center for the clean energy equity workforce and market development program pursuant to subsection (b) of section 13 of chapter 23J; provided, however, such transfer shall not reduce the amount expended on low-income programs pursuant to subsection (c).

M.G.L. c. 25, § 20 Funding for development and promotion of renewable energy projects; mandatory charge per kilowatt-hour; election by certain municipal lighting plants

c. 25, § 20. Funding for development and promotion of renewable energy projects; mandatory charge per kilowatt-hour; election by certain municipal lighting plants Section 20. (a) The department shall require a mandatory charge of 0.5 mill per kilowatt-hour for all electricity consumers, except those served by a municipal lighting plant which does not supply generation service outside its own service territory or does not open its service territory to competition at the retail level, to support the development and promotion of renewable energy projects. All revenues generated by the mandatory charge shall be deposited into the Massachusetts Renewable Energy Trust Fund, established under section 9 of chapter 23J. (b) Notwithstanding any general or special law to the contrary: (1) a municipal lighting plant which does not supply generation service outside its own service territory or does not open its service territory to competition may elect to assess and remit a mandatory charge per kilowatt-hour upon its electricity consumers on the same terms and conditions as apply to the charge imposed on consumers residing in competitive distribution service territories under this section; provided, however, that such an election by a municipal lighting plant shall be irrevocable and such a municipal lighting plant shall not be deemed to be supplying generation service outside its service territory or opening its service territory to competition at the retail level for the purposes of the first sentence of subsection (a); and (2) in administering the Massachusetts Renewable Energy Trust Fund, the Massachusetts clean energy technology center, shall not make any grant or loan or provide any subsidy from the trust fund to any municipal lighting plant or consumer residing in the distribution service territory of such municipal lighting plant unless: (A) a mandatory charge per kilowatt-hour is assessed against all consumers residing in the distribution service territory and remitted to the collaborative under the first sentence of subsection (a) or clause (1); or (B) the board of directors of the Massachusetts clean energy technology center, as a condition precedent to any such grant, loan or subsidy, shall have determined and incorporated into the minutes of its proceedings findings that: (i) any such grant, loan or subsidy is intended for the principal purpose of generating public benefits for those consumers who reside in distribution service territories in which the mandatory charge is so imposed and remitted and will generate only incidental private benefits to the recipient or others residing in a distribution service territory in which the mandatory charge is not so imposed and remitted; and (ii) the facts and circumstances associated with the recipient or the residence of the recipient provide unique or extraordinary opportunities to advance the public purposes of the trust fund over those opportunities available through grants or subsidies made to recipients residing in distribution service territories in which such a mandatory charge is assessed and remitted. (c) Notwithstanding subsection (b), a municipality served by a municipal lighting plant that serves multiple municipalities that does not supply generation service outside its own service territory Or does not open its service territory to competition at the retail level and that has not elected to assess and remit a mandatory charge pursuant to said subsection (b) may adopt a mandatory charge per kilowatt-hour upon its electricity consumers on the same terms and conditions as apply to the charge imposed on consumers residing in competitive distribution service territories under this section; provided, however, that the municipal light plant shall collect the charge from ratepayers through electric bills.

M.G.L. c. 25, § 21 Energy efficiency and demand reduction resources cost-effective or less expensive than supply preferred; energy and natural gas efficiency investment plans; failure to reasonably comply with plan

c. 25, § 21. Energy efficiency and demand reduction resources cost-effective or less expensive than supply preferred; energy and natural gas efficiency investment plans; failure to reasonably comply with plan Section 21. (a) To mitigate capacity and energy costs for all customers, the department shall ensure that, subject to subsection (c) of section 19, electric and natural gas resource needs shall first be met through all available energy efficiency and demand reduction resources that are cost effective or less expensive than supply; provided, however, that when determining cost-effectiveness, the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions. The cost of supply shall be determined by the department with consideration of the average cost of generation to all customer classes over the previous 24 months. [Paragraphs (1) and (2) of subsection (b) applicable to energy efficiency plans beginning with the 2025 to 2027 plan. See 2022, 179, Sec. 94.] (b)(1) Every 3 years, on or before March 31, the electric distribution companies and municipal aggregators with certified efficiency plans shall jointly prepare an energy efficiency investment plan and the natural gas distribution companies shall jointly prepare a natural gas efficiency investment plan. Each plan shall provide for the acquisition of all available energy efficiency and demand reduction resources that are cost effective or less expensive than supply and shall be prepared in coordination with the energy efficiency advisory council established by section 22; provided, however, that when determining cost-effectiveness, the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions, except in the cases of conversions from fossil fuel heating and cooling to fossil fuel heating and cooling. Each plan shall provide for the acquisition, with the lowest reasonable customer contribution, of all of the cost effective energy efficiency and demand reduction resources that are available from municipalities and other governmental bodies; provided, however, that when determining cost-effectiveness, the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions, except in the cases of conversions from fossil fuel heating and cooling to fossil fuel heating and cooling. (2) A plan shall include: (i) an assessment of the estimated lifetime cost, reliability and magnitude of all available energy efficiency and demand reduction resources that are cost effective or less expensive than supply; provided, however, that when determining cost-effectiveness, the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions, except in the cases of conversions from fossil fuel heating and cooling to fossil fuel heating and cooling; (ii) the amount of demand resources, including efficiency, conservation, demand response and load management, that are proposed to be acquired under the plan and the basis for this determination; (iii) the estimated energy cost savings that the acquisition of such resources will provide to electricity and natural gas consumers, including, but not limited to, reductions in capacity and energy costs and increases in rate stability and affordability for low-income customers; (iv) a description of programs, which may include, but which shall not be limited to: (A) efficiency and load management programs, including energy storage and other active demand management technologies, and strategic electrification, such as measures that are designed to result in cost-effective reductions in greenhouse gas emissions through the use of expanded electricity consumption while minimizing ratepayer costs; (B) demand response programs; (C) programs for research, development and commercialization of products or processes which are more energy-efficient than those generally available; (D) programs for development of markets for such products and processes, including recommendations for new appliance and product efficiency standards; (E) programs providing support for energy use assessment, real time monitoring systems, engineering studies and services related to new construction or major building renovation, including integration of such assessments, systems, studies and services with building energy codes programs and processes, or those regarding the development of high performance or sustainable buildings that exceed code; (F) programs for the design, manufacture, commercialization and purchase of energy-efficient appliances and heating, air conditioning and lighting devices; (G) programs for planning and evaluation; (H) programs providing commercial, industrial and institutional customers with greater flexibility and control over demand side investments funded by the programs at their facilities; (I) programs for public education regarding energy efficiency and demand management; and (J) programs that result in customers switching to renewable energy sources or other clean energy technologies including, but not limited to, programs that combine efficiency and electrification with renewable generation and storage; provided, however, that not more than 1 per cent of the fund shall be expended for items (C) and (D) collectively, without authorization from the advisory council; (v) a proposed mechanism which provides performance incentives to the companies based on their success in meeting or exceeding the goals in the plan; (vi) the budget that is needed to support the programs; (vii) a fully reconciling funding mechanism which may include, but which shall not be limited to, the charge authorized by section 19; (viii) the estimated amount of reduction in peak load that will be reduced from each option and any estimated economic benefits for such projects, including job retention, job growth or economic development; (ix) an estimate of the social value of greenhouse gas emissions reductions that will result from the plan, including a numerical value of the plan's contribution to meeting each statewide greenhouse gas emissions limit and sublimit set by statute or regulation, together with provisions for giving each value prominent display in communications and plan documents; (x) data showing the percentage of all monies collected that will be used for direct consumer benefit, such as incentives and technical assistance to carry the plan; (xi) no spending on incentives, programs or support for systems, equipment, workforce development or training as they relate to new fossil fuel equipment unless such spending is for low-income households, emergency facilities, hospitals, a backup thermal energy source for a heat pump, or hard to electrify uses, such as industrial processes; (xii) consideration of historic and present program participation by low and moderate-income households, including households that rent; (xiii) strategies and investments that the programs will undertake to achieve equitable access and reduce or eliminate any disparities in program uptake; and (xiv) a method for capturing the following data to assess the plan's services to low-income ratepayers: (A) the total number of ratepayers per municipality served; (B) the total energy efficiency surcharge dollars paid by ratepayers as part of their utility bills per municipality served; and (C) the total incentives provided by the program administrators by municipality served, delineated by utility and sector, including residential, residential low-income, commercial and industrial. With the approval of the council, the plan may also include a mechanism to prioritize projects that have substantial benefits in reducing peak load, reducing greenhouse gas emissions, reducing the energy consumption or costs of municipalities or other governmental bodies, maximizing net climate, environmental and equity impacts or that have economic development, job creation or job retention benefits. (3) A program included in the plan shall be screened through cost-effectiveness testing which compares the value of program benefits to the program costs to ensure that the program is designed to obtain energy savings and other benefits with value greater than the costs of the program; provided, however, that when determining cost-effectiveness, the calculation of program benefits shall include calculations of the social value of greenhouse gas emissions reductions, except in the cases of conversions from fossil fuel heating and cooling to fossil fuel heating and cooling. Program cost effectiveness shall be reviewed periodically by the department and by the energy efficiency advisory council. For the purposes of reviewing cost effectiveness, programs shall be aggregated by sector. Any sector with a benefit cost ratio greater than 1.0 indicating benefits are greater than costs shall be considered cost-effective. If a sector fails the cost-effectiveness test as part of the review process, its component programs shall either be modified so that the sector meets the test or shall be terminated. [Subsection (c) applicable to energy efficiency plans beginning with the 2025 to 2027 plan. See 2022, 179, Sec. 94.] (c) Each plan prepared under subsection (b) shall be submitted for approval and comment by the energy efficiency advisory council every 3 years on or before March 31. The electric and natural gas distribution companies and municipal aggregators shall provide any additional information requested by the council that is relevant to the consideration of the plan. The council shall review the plan and any additional information and shall submit its approval or comments to the electric and natural gas distribution companies and municipal aggregators not later than 3 months after submission of the plan. The electric and natural gas distribution companies and municipal aggregators may make any changes or revisions to reflect the input of the council. (d)(1) The electric and natural gas distribution companies and municipal aggregators shall submit their respective plans, together with the council's approval or comments and a statement of any unresolved issues, to the department every 3 years on or before October 31. The department shall consider the plans and shall provide an opportunity for interested parties to be heard in a public hearing. [Paragraph (2) of subsection (d) applicable to energy efficiency plans beginning with the 2025 to 2027 plan. See 2022, 179, Sec. 94.] (2) Not later than 120 days after submission of a plan, the department shall issue a decision on the plan which ensures that the electric and natural gas distribution companies have complied with the requirements of this section and considered climate, environmental and equity benefits, and shall approve, modify and approve, or reject and require the resubmission of the plan accordingly; provided, however, that when determining cost-effectiveness, the calculation of program benefits shall include calculations of the social value of greenhouse gas emissions reductions, except in the cases of conversions from fossil fuel heating and cooling to fossil fuel heating and cooling. The department shall approve a fully reconciling funding mechanism for the approved plan and, in the case of municipal aggregators, a fully reconciling funding mechanism that requires coordination between the distribution company and municipal aggregator to ensure that program costs are collected, allocated and distributed in a cost effective, fair and equitable manner. The department shall determine the effectiveness of the plan on an annual basis. (3) Each electric and natural gas plan shall be in effect for 3 years. (4) Notwithstanding the requirements of paragraph (1) of subsection (b), the plans shall be constructed to meet or exceed the goal set by the secretary pursuant to section 3B of chapter 21N. (5) Not later than 15 months after the conclusion of the final year of each plan, the department, drawing upon the most accurate and most complete data and measurements then available, shall issue a statement in writing to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on telecommunications, utilities and energy and the joint committee on the environment, natural resources and agriculture, indicating the degree to which the activities undertaken pursuant to the performance of each plan met the goal for the plan set by the secretary pursuant to section 3B of chapter 21N. (e) If an electric or natural gas distribution company or municipal aggregator has not reasonably complied with the plan, the department may open an investigation. In any such investigation, the utility company or aggregator shall have the burden of proof to show whether it had good cause for failing to reasonably comply with the plan. If the utility company or aggregator does not meet its burden, the department may levy a fine of not more than the product of $0.05 per kilowatt-hour or $1 per therm times the shortfall of kilowatt-hours saved or therms saved, as applicable, depending upon the facts and circumstances and degree of fault, which shall be paid to the Massachusetts clean energy technology center within 60 days after the end of the year in which the department levies the fine. The fine shall not impact ratepayers. The department of energy resources shall oversee the use of the funds held by the Massachusetts clean energy technology center under this subsection so as to maximize the amount of energy efficiency achieved. [Subsection (f) applicable to energy efficiency plans beginning with the 2025 to 2027 plan. See 2022, 179, Sec. 94.] (f) The need for a program administrator to prepare for meetings with the council during the department's 120–day review period after submission of a plan shall not constitute good cause in a motion for an extension of time to respond to discovery or in a motion for an extension of time to respond to a record request.

M.G.L. c. 25, § 22 Energy efficiency advisory council; membership; duties; quarterly report to council

c. 25, § 22. Energy efficiency advisory council; membership; duties; quarterly report to council [Subsection (a) effective until January 1, 2028. For text effective January 1, 2028, see below.] Section 22. (a) The department shall appoint and convene an energy efficiency advisory council which shall consist of 15 members, including 1 person representing each of the following: (1) residential consumers, (2) the low-income weatherization and fuel assistance program network, (3) the environmental community, (4) businesses, including large C&I end-users, (5) the manufacturing industry, (6) energy efficiency experts, (7) organized labor, (8) the department of environmental protection, (9) the attorney general, (10) the executive office of economic development, (11) the Massachusetts Non-profit Network, (12) a city or town in the commonwealth, (13) the Massachusetts association of realtors, (14) a business employing fewer than 10 persons located in the commonwealth that performs energy efficiency services and (15) the department of energy resources. Interested parties shall apply to the department for designation as members. Members shall serve for terms of 5 years and may be reappointed. The commissioner of energy resources shall serve as chair of the council. A member who is a representative of energy efficiency experts shall not have a contractual relationship with an electric or natural gas distribution company doing business in the commonwealth or any affiliate of such company, or any municipal aggregator. There shall be 1 non-voting, ex-officio member from each of the electric and natural gas distribution companies, 1 from each of the approved municipal aggregators, 1 from the heating oil industry, 1 from ISO New England and 1 from energy efficiency businesses. [Subsection (a) as amended by 2024, 239, Secs. 12 to 15 effective January 1, 2028. See 2024, 239, Sec. 137. For text effective until January 1, 2028, see above.] (a) The department shall appoint and convene an energy efficiency advisory council which shall consist of 15 members, including 1 person representing each of the following: (1) residential consumers, (2) the low-income weatherization and fuel assistance program network, (3) the environmental community, (4) businesses, including large C&I end-users, (5) low and moderate income interests, (6) energy efficiency experts, (7) organized labor, as recommended by the president of the Massachusetts AFL-CIO, (8) the department of environmental protection, (9) the attorney general, (10) the executive office of economic development, (11) the Massachusetts Non-profit Network, (12) a city or town in the commonwealth, (13) the Massachusetts association of realtors, (14) a business located in the commonwealth that performs energy efficiency services and (15) the department of energy resources. Interested parties shall apply to the department for designation as members. Members shall serve for terms of 5 years and may be reappointed. The commissioner of energy resources shall serve as chair of the council. A member who is a representative of energy efficiency experts shall not have a contractual relationship with an electric or natural gas distribution company doing business in the commonwealth or any affiliate of such company, or any municipal aggregator. There shall be 1 non-voting, ex-officio member from each of the electric and natural gas distribution companies, 1 from each of the approved municipal aggregators, 1 from the heating oil industry, 1 from ISO New England and 1 from the Massachusetts clean energy center established pursuant to section 2 of chapter 23J. (b) The council shall, as part of the approval process by the department, seek to: (i) maximize net economic benefits through energy efficiency, demand management and beneficial electrification resources; and (ii) achieve energy, capacity, climate and environmental goals through a sustained and integrated statewide energy efficiency and decarbonization effort. The council shall: (i) review and approve plans and budgets; (ii) work with program administrators in preparing energy resource assessments; (iii) determine the economic, system reliability, climate and air quality benefits of energy efficiency, demand management and beneficial electrification resources; (iv) conduct and recommend relevant research; and (v) recommend long-term energy efficiency, demand management and beneficial electrification goals consistent with meeting greenhouse gas emissions limits and sublimits imposed by law or regulation and with mitigating ratepayer impacts. Approval of energy efficiency, demand management and beneficial electrification plans and budgets shall require a 2/3 vote. The council shall, as part of its review of plans, examine opportunities to offer joint programs; provided, however, that any costs for such joint programs shall be allocated equitably among the efficiency programs. (c) The council may retain expert consultants; provided, however, that such consultants shall not have any contractual relationship with an electric or natural gas distribution company doing business in the commonwealth or any affiliate of such company. The council shall annually submit to the department a proposal regarding the level of funding required for the retention of expert consultants and reasonable administrative costs. The proposal shall be approved by the department either as submitted or as modified by the department. The department shall allocate funds sufficient for these purposes from the natural gas and electric efficiency funding authorized under section 19; provided, however, that such allocation shall not exceed 1 per cent of such funding on an annual basis. The consultants used under this section shall be experts in energy efficiency and shall be independent. [Subsection (d) applicable to energy efficiency plans beginning with the 2025 to 2027 plan. See 2022, 179, Sec. 94.] (d) The electric and natural gas distribution companies and municipal aggregators shall provide quarterly reports to the council on the implementation of their respective plans. The reports shall include: (i) a description of the program administrator's progress in implementing the plan; (ii) a summary of the savings secured to date; (iii) a quantification of the degree to which the activities undertaken pursuant to each plan contribute to meeting all greenhouse gas emission limits and sublimits imposed by law or regulation; and (iv) such other information as the council shall determine. Annually, as part of a quarterly report, the electric and natural gas distribution companies and municipal aggregators, in order to assess the plan's services to low-income ratepayers, shall provide, consistent with the method approved by the department: (i) the total number of ratepayers per municipality served; (ii) the total energy efficiency surcharge dollars paid by ratepayers as part of their utility bills per municipality served; and (iii) the total incentives provided by the program administrators by municipality served, delineated by utility and sector, including residential, residential low-income, commercial and industrial. The council shall provide an annual report to the department and the joint committee on telecommunications, utilities and energy on the implementation of the plan. The annual report shall include descriptions of the programs, expenditures, cost-effectiveness and savings and other benefits during the previous year and a quantification of the degree to which the activities undertaken pursuant to each plan contribute to meeting all greenhouse gas emission limits and sublimits imposed by law or regulation. The quarterly and annual reports shall be made available to the public. (e) A business employing fewer than 10 persons located in the commonwealth that performs energy efficiency services may only be appointed to the energy efficiency advisory council, under subsection (a), if the business is elected by a majority of businesses performing energy efficiency services in the Mass Save program.

M.G.L. c. 25, § 23 Division for the administration, implementation and enforcement of chapter 159A1/2; funding from surcharge on transportation network companies

c. 25, § 23. Division for the administration, implementation and enforcement of chapter 159A1/2; funding from surcharge on transportation network companies Section 23. (a) There shall be established within the department a division that shall be under the general supervision and control of the commission and shall be under the control of a director. The division shall promulgate rules and regulations and shall perform such functions as necessary for the administration, implementation and enforcement of chapter 159A1/2. (b) To fund the division's activities, the division shall assess a surcharge on each transportation network company, as defined in section 1 of chapter 159A1/2. Each transportation network company shall annually report by March 31 its intrastate operating revenues for the previous calendar year to the division. The surcharge shall be apportioned according to each transportation network company's intrastate operating revenues as determined and certified annually by the division in order to reimburse the commonwealth for funds expended for the division's activities. If a transportation network company fails to report its intrastate operating revenues to the division by March 31, the division may estimate a transportation network company's intrastate operating revenues to assess the surcharge. Each transportation network company shall pay the surcharge not later than 30 days from the date of the notice of the surcharge amount from the division. Failure to pay the surcharge within 30 days may, at the discretion of the division, constitute cause to suspend or revoke a transportation network company permit pursuant to chapter 159A1/2. Funds that are not expended in a fiscal year for the operation of the division shall be credited against the surcharge to be made the following fiscal year and the surcharge amount in the following fiscal year shall be reduced by the unexpended amount.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter25Fetched: 10/20/2026