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PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH

CHAPTER 25A. DIVISION OF ENERGY RESOURCES

Chapter 25A: Section 11H. Assessments against electric and gas utility companies; rate determined and certified annually by commissioner

[ Text of section effective until July 2, 2008. For text effective July 2, 2008, see below.]

  Section 11H. (a) The division of energy resources may make an assessment against each electric and gas utility company doing business in the commonwealth. This section shall not apply to municipally owned electric and gas companies.

  (b) The 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) The assessment shall be made at a rate determined and certified annually by the commissioner as sufficient to reimburse the commonwealth for funds appropriated by the general court for activities of the division related to the oversight and coordination of programs for energy efficiency, energy conservation, and demand reduction. From July 1, 2004 to December 31, 2004, inclusive, the assessment shall not exceed an amount equal to 0.375 per cent of the total annual mandatory charge collected by each utility company under 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. Beginning January 1, 2005, the assessment shall not exceed an amount equal to 0.75 per cent of the total annual mandatory charge collected by each utility company under 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. Assessments made under this section shall be charged by the utility companies against the revenues so collected under section 19 of chapter 25 or as the revenues are approved by the department of telecommunications and energy or otherwise required by law, as applicable. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the division.

Chapter 25A: Section 11H. Assessments against electric and gas utility companies; rate determined and certified annually by commissioner

[ Text of section as amended by 2008, 169, Sec. 36 effective July 2, 2008. For text effective until July 2, 2008, see above.]

  Section 11H. (a) The department of energy resources may make an assessment against each electric and gas utility company doing business in the commonwealth. This section shall not apply to municipally owned electric and gas companies.

  (b) The assessments shall be made to finance activities undertaken by the department in accordance with section 11G related to oversight and coordination of ratepayer funded programs for energy efficiency, energy conservation, and demand reduction programs.

  (c) The assessment shall be made at a rate determined and certified annually by the commissioner as sufficient to reimburse the commonwealth for funds appropriated by the general court for activities of the department related to the oversight and coordination of programs for energy efficiency, energy conservation, and demand reduction. From July 1, 2004 to December 31, 2004, inclusive, the assessment shall not exceed an amount equal to 0.375 per cent of the total annual mandatory charge collected by each utility company under 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. Beginning January 1, 2005, the assessment shall not exceed an amount equal to 0.75 per cent of the total annual mandatory charge collected by each utility company under 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. Assessments made under this section shall be charged by the utility companies against the revenues so collected under section 19 of chapter 25 or as the revenues are approved by the department of telecommunications and energy or otherwise required by law, as applicable. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the department.