By Mr. Cabral of New Bedford, petition (accompanied by bill, House, No. 3283) of Antonio F. D. Cabral for legislation to further regulate the use of coal in electric generating facilities.  Telecommunications, Utilities and Energy.

The Commonwealth of Massachusetts

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PETITION OF:

Antonio F. D. Cabral

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In the Year Two Thousand and Seven.

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An Act further regulating coal in electric generating facilities.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 164 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 69I the following section:—
Section 69I½. Notwithstanding the provisions of this chapter or any law to the contrary, an electric generating facility constructed or commencing operation on and after January first, nineteen hundred and ninety-six shall utilize coal only as a last resort for a fuel source and if a facility determines that coal is the only alternative available, the burden of proof of such determination shall be on the facility; provided, however, that cost shall not be a factor in such determination.