The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
Anne M. Gobi
Denis E. Guyer
Stephen Kulik
Stephen M. Brewer
Barry R. Finegold
Willie Mae Allen
Peter V. Kocot
Todd M. Smola
Pamela P. Resor
John W. Scibak
Mary E. Grant
Robert L. Rice, Jr.
Christine E. Canavan
Jennifer M. Callahan
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In the Year Two Thousand and Seven.
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An Act to promote the generation of renewable energy on farms. |
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 is hereby amending by adding after section 137, the following section.
Section 138. Agricultural Net Metering
Section 138. (a) in this section, unless context otherwise requires, the following words shall have the following meanings:
Agriculture, shall be defined as defined under Chapter 128 Section 1A. Where necessary the Commissioner of the Department of Agricultural Resources shall determine if a business is an Agricultural Business
Annualized Period, a period of 12 consecutive months beginning on the first day of the first full monthly billing period of the Agricultural business after which the Agricultural Net Metering Facility is interconnected and is generating electricity.
Agricultural Net Metering Facility, a Renewable Energy generating facility operated as part of an Agricultural business that generates electricity that does not have a generation capacity of more than two thousand (2000) kilowatts and is located on land owned or controlled by the Agricultural business and is used to provide energy to one or more metered accounts of the business.
Net Metering, the process whereby an Agricultural business is credited at the full retail rate for the difference between electricity delivered by an electric distribution company and the electricity generated by the Agricultural Net Metering Facility of the Agricultural business up to the total amount of the electricity used by the Agricultural business, and whereby at the end of the annualized period, the Agricultural business is compensated for any excess electricity generated at the supplier’s avoided cost of wholesale power.
Renewable Energy, for the purposes of this section, energy generated from any one of the following; solar photovoltaic or solar thermal electric energy; wind energy; fuel cells utilizing renewable fuels; naturally flowing water and hydroelectric; reduced emission, advanced biomass power conversion technologies, such as gasification using such biomass fuels as wood, agricultural, or food wastes, energy crops, biogas, biodiesel, or organic refuse-derived fuel. After conducting administrative proceedings, the division of energy resources, in consultation with the Department of Agriculture, may add technologies or technology categories to the above list.
(b) All distribution companies and supplier-providers shall offer net metering to any customer who is an agricultural business and utilizes an Agricultural Net Metering Facility to generate electricity on the customer’s side of the meter.
For the purposes of this section any individually metered locations serviced by the same distribution company or supplier-provider that are owned or controlled by the agricultural business and are located within 25 miles of the Agricultural Net Metering Facility shall be treated as one account if the Agricultural Business so desires. Net Metering shall occur on the entire account.
Distribution companies and supplier-providers are prohibited from imposing special or additional fees on Agricultural businesses utilizing Net Metering, such as, but not limited to, backup charges, stand-by charges, minimum transformer charges, interconnection fees, transportation charges on energy credited within an Annualized Period, or from requiring additional controls or liability insurance as long as the Agricultural Net Metering Facility complies with the applicable interconnection, safety, and power quality standards.
The Division of Renewable Energy shall, in consultation with the Department of Agricultural Resources promulgate resolutions as needed to assure the intent of this section to promote the use of renewable energy production on farms.