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Energy Efficiency Program Assessment SECTION 56. Chapter 25A of the General Laws is hereby amended by inserting after section 11G the following new section:-Section 11H. (a) The division of energy resources is hereby authorized to make an assessment against each electric and gas utility company doing business in the commonwealth. This section does not apply to the municipally owned electric and gas companies. (b) Such assessments shall be made to finance activities undertaken by the division in accordance with section 11G related to oversight and coordination of ratepayer funded programs for energy efficiency, energy conservation, and demand reduction programs. (c) Such assessment shall be made at a rate as shall be determined and certified annually by the commissioner. From July 1, 2004 through December 31, 2004, the assessment shall be an amount equal to 0.375 per cent of the total annual mandatory charge collected by each utility company pursuant to section 19 of chapter 25 in the case of electric companies, or 0.375 per cent of the efficiency budgets as approved by the department of telecommunications and energy or otherwise required by law in the case of gas companies, as applicable, in addition to the costs of fringe benefits and indirect costs as established by the commissioner of administration pursuant to section 5D of chapter 29. Beginning January 1, 2005, the assessment shall be an amount equal to 0.75 per cent of the total annual mandatory charge collected by each utility company pursuant to section 19 of chapter 25 in the case of electric companies, or 0.75 per cent of the efficiency budgets as approved by the department of telecommunications and energy or otherwise required by law in the case of gas companies, as applicable, in addition to the costs of fringe benefits and indirect costs as established by the commissioner of administration pursuant to section 5D of chapter 29. The amount of such assessment may be increased by the commissioner 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 shall be charged by the utility companies against the revenues so collected pursuant to section 19 of chapter 25 or as approved by the department of telecommunications and energy or otherwise required by law, as applicable, and reduced by the amount of assessment charged to each utility pursuant to subsection (e) of section 7 of chapter 465 of the acts of 1980, as amended. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the division. Such assessments shall be collected by the division and credited to the Division of Energy Resources Assessment Trust Fund. (d) There shall be established upon the books of the commonwealth a separate fund to be known as the Division of Energy Resources Assessment Trust Fund. There shall be credited to said fund all amounts collected pursuant to this section 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 available for expenditure, without further appropriation, by the division of energy resources, for activities of the division related to the oversight and coordination of ratepayer-funded programs for energy efficiency, energy conservation, and demand reduction programs; provided, that in fiscal year 2005, the expenditure shall not exceed $400,000. 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. |