Last Updated: Friday, January 11, 2008 2:56 PM
Clerk #1 “Non-green” energy Facilities Messrs. Creedon, Joyce, Timilty and Brown moved that the bill be amended by adding at the end of the bill the following new section:- Redraft Clerk #2 Long Term REC Contracts Mr. Downing moved that the bill be amended in Section 75, in the first line of the second paragraph of said section, by striking out the words “10 to 15” and inserting in place thereof: “15 to 20”. Clerk #3 AMENDMENT TO ESTABLISH THE GREEN BUILDING PLAN FOR THE COMMONWEALTH COMMISSION Mr. Panagiotakos and Ms. Chandler move to amend the bill, S. 2457, by inserting at the end thereof the following: (a) Notwithstanding any general or special law to the contrary, The Green Building Plan for the Commonwealth Commission is established to examine the environmental and economic impact of establishing a green building plan for the Commonwealth. (b) The Green Building Plan for the Commonwealth Commission shall include following individuals or their appointees: the Commissioner of the Department of Energy Resources, the Director of Housing and Community Development, the Secretary of Environmental Affairs, the Secretary of Administration and Finance, an appointee of the President of the Senate, an appointee of the Speaker of the House, an appointee of the Minority leader of the Senate, an appointee of the Minority leader of the House, the Lieutenant Governor, an appointee of Worcester Polytechnic Institute, an appointee of the Chancellor of the University of Massachusetts at Lowell, an appointee of the President of Massachusetts Institute of Technology, the director of the Massachusetts Technology Collaborative, an appointee of the Commissioner of the Department of Revenue, a representative of the Massachusetts Municipal Association, and a representative of the Boston Society of Architects. The Lieutenant Governor shall chair the committee but shall have no vote except in case of a tie vote. (c) The committee shall issue a report on its findings no later than December 31, 2008. Redraft Clerk #4 Technical Amendment Mr. Panagiotakos moves that the bill, S. 2457, be amended by striking out section 1 and inserting in place thereof the following section:- The division of operational services shall forward to the division of energy resources all requests for motor vehicle acquisitions by agencies of the commonwealth. The division of energy resources shall thereafter report to the division of operational services regarding the availability of a hybrid or alternative fuel vehicle that will feasibly achieve the intended use designated by the requesting agency. The division of capital asset management, in consultation with the division of energy resources, shall develop a system of protocols for the acquisition of alternative fuel vehicles and hybrids, including identifying the potential for acquisition of heavy, medium and light-duty vehicles, based on the anticipated mileage and usage of such vehicles, and the effectiveness of single fuel or dual fuel alternative fuel vehicles for the particular purpose identified. The division of energy resources shall submit in writing to the secretary of administration and finance, the clerks of the senate and house of representatives and the joint committee on state administration and regulatory oversight an annual statement detailing the progress, as well as any additional information relevant to both the acquisition of hybrid or alternative fuel vehicles by the commonwealth and the acquisition of vehicles by the commonwealth whose average fuel consumption is equal to or more efficient than the US Corporate Average Fuel Economy (CAFE) Standards as established by the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (b) The operational services division, in consultation with the executive office of transportation, the secretary of administration and finance, the division of energy resources, the Massachusetts Bay Transportation Authority and regional transit authorities, shall study the feasibility of developing and implementing a system to facilitate the mass purchase of alternative fuel vehicles by the commonwealth and its political subdivisions. The study shall include, but not be limited to, the potential cost savings to be derived from the system, the cost of its administration, appropriate purchasers to participate in the system and the probability of its utilization by those purchasers. The operational services division shall report the findings of the study, and its recommendations if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerks of the senate and house of representatives not later then 1 year after the effective date of this act.”; and By striking out SECTION 1A and inserting in place therof the following section:- in section 90, by striking out the figure “48” and inserting the following figure:- “47” Clerk #5 Liquefied Natural Gas Safety Ms. Menard moves to amend the bill, (S 2457), by adding the following new section: - Section 95. Notwithstanding any general or special law to the contrary, the Commonwealth of Massachusetts is hereby prohibited from issuing any permits to new liquefied natural gas plants that are to be located within 1mile of a school, hospital, or nursing home. The provisions of this act shall apply to all LNG import terminals constructed after January 1, 2007. FURTHER 5.1 LNG FURTHER AMENDMENT Mr. Galluccio moves to amend the amendment by Ms. Menard (Clerk #5) to the bill, (S. No. 2457), by striking out everything after the title and inserting in its place the following new section: - Section 95. Notwithstanding any general or special law to the contrary, the Commonwealth of Massachusetts is hereby prohibited from issuing any permits to new liquefied natural gas, oil, petroleum or fossil burning plants or facilities or storage, holding, transfer or handling facilities of any nature that are to be located within 1 mile of a school, hospital, or nursing home. The provisions of this act shall apply to an LNG import terminal constructed after January 1, 2007 and to any expansion of an existing terminal, operation, plant, farm or storage, holding, transfer or handling facility of any nature. Clerk #6 AN AMENDMENT RELATIVE TO THE MASSACHUSETTS Ms. Candaras moves that the bill be amended by adding the following new sections after Section 89 and all subsequent sections be numbered accordingly: SECTION 90. Section 1 of chapter 775 of the acts of 1975 is hereby amended by striking out the definition of “electric power facilities” or “electric power facility”, as inserted by section 2 of chapter 129 of the acts of 1988, and inserting in place thereof the following 2 definitions:- SECTION 91. Section 5 of said chapter 775 is hereby amended by striking out clauses (h) and (i) and inserting in place thereof the following clauses:- SECTION 92. Said section 5 of said chapter 775 is hereby further amended by striking out clauses (k) to (p), inclusive, and inserting in place thereof the following clauses:- SECTION 93. Clause (s) of said section 5 of said chapter 775 is hereby amended by striking out the word “fanctions” and inserting in place thereof the following word:- functions. SECTION 94. Said section 5 of said chapter 775 is hereby further amended by striking out clause (t) and inserting in place thereof the following 3 clauses:- SECTION 95. Said section 6 of chapter 775 is herby further amended by striking out subsections (b) and (c) and inserting in place thereof the following 3 subsections:- SECTION 96. Section 9 of said chapter 775 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:- SECTION 97. Subsection (a) of section 10 of said chapter 775 is hereby amended by striking out the first 2 sentences and inserting in place thereof the following 2 sentences:- In the discretion of the corporation, but subject to approval by the department, any bonds issued under this act may be secured by a resolution of the board or by a trust agreement between the corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the commonwealth, and this trust agreement shall be in a form and executed in a manner that may be determined by the corporation. The trust agreement or resolution may pledge or assign, in whole or in part, the revenues and other moneys held or to be received by the corporation, including the revenues from any facilities already existing when the pledge or assignment is made, and any contract or other rights to receive the same, whether then existing or later coming into existence and whether then held or later acquired by the corporation, and the proceeds thereof. SECTION 98. Subsection (b) of said section 10 of said chapter 775 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The corporation is authorized to fix, revise, and collect fees and charges for energy and other services, facilities, and commodities furnished or supplied by it, but no costs, losses or benefits of any such endeavor shall be allocated to any other endeavor unrelated to it. Clerk # 7 Renewable Energy Amendment relative to Companies subject to Mergers provision Mr. Petruccelli moves to amend Senate 2457 by striking out Section 60 and inserting in place thereof the following: Clerk # 8 Renewable Energy Amendment relative to Companies subject to Audits provision Mr. Petruccelli moves to amend Senate 2457 by striking out Section 7 and inserting in place thereof the following: Clerk # 9 WITHDRAWN CLERK #10 WITHDRAWN CLERK #11 WITHDRAWN CLERK #12 Rate Payer Amendment Ms. Menard moves to amend the bill, (S 2457), be amended by striking the first two paragraphs in SECTION 3 and inserting in place thereof the following: -- CLERK #13 Public service corporations Messrs. Creedon, Joyce and Timilty move to amend the bill, Senate 2457, by adding at the end of the bill the following new section:- SECTION___. Section 3 of Chapter 40A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended, in line 60, by inserting after the word “public”, the following new language:- ;provided, further, that for the purpose of this section, an energy facility, electric generating facility or power plant fueled, in whole or in part, by coal, oil, natural gas or nuclear power shall not be considered a public service corporation.CLERK #14 Relative to Alternative Fuels Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- SECTION 95. SECTION 1A. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2006, the sum set forth in section 2A is hereby appropriated from the General Fund unless specifically designated otherwise in this act or in said appropriation acts, for the several purposes and subject to the conditions specified in this act or in said appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2006. The sum appropriated in said section 2A shall be in addition to any amounts previously appropriated and made available for the purposes of that item. SECTION 2A. 2030-1001 For the purchase and repair of office of environmental law enforcement motor vehicles; provided, that not less than 20 per cent of new motor vehicle purchases shall be hybrid or alternative fuel vehicles; prior appropriation continued.......................$2,500,000. SECTION 21/2. To provide funding for the Energy Independence Grant Fund, for the purpose of encouraging the purchase, lease, aftermarket conversion and use of hybrid and alternative energy vehicles, including heavy, medium and light duty vehicles that utilize either a single fuel or dual fuel, by cities and towns, school districts and regional transit authorities. The sums set forth in section 3 shall be distributed pursuant to a grant program developed and administered by the division of energy resources. The development of the plan shall be conducted in consultation with regional transit authorities established pursuant to chapter 161B of the General Laws. The grant program shall facilitate the development of an alternative fuel infrastructure. The sums set forth in section 3, for the several purposes and subject to the conditions specified in this act, are hereby made available subject to the laws regulating the disbursement of public funds and approval thereof. SECTION 3. DIVISION OF ENERGY RESOURCES. SECTION 4. To meet a portion of the expenditures necessary in carrying out section 3, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $10,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Alternative Energy, Energy Independence Act of 2005, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2030. All interest and payments on account of principal of such obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer under this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2O of said chapter 29. SECTION 4A. Chapter 21A of the General Laws is hereby amended by adding the following section:- SECTION 5. Section 3 of chapter 25A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting in their appropriate alphabetical sequence the following definitions: SECTION 6. Section 11B of chapter 25A of the General Laws, as so appearing, is hereby amended by adding the following 4 paragraphs:- SECTION 7. Said chapter 25A is hereby further amended by inserting after section 11H the following 2 sections:- SECTION 8. Paragraph (a) of Part B of section 3 of chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after subparagraph 9 the following subparagraph:- SECTION 10. Said chapter 63 is hereby further amended by inserting after section 31C the following 2 sections:- SECTION 11. Section 4 of chapter 64E of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 9 and 10, the words “19.1 per cent of the average price computed to the nearest tenth of one per cent per gallon” and inserting in place thereof the following words:- 25 per cent less than the rate on fuel set forth in chapter 64A. SECTION 12. Section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the tenth paragraph the following paragraph:- SECTION 12A. Section 7A of said chapter 90, as so appearing, is hereby amended by inserting after the fifth paragraph the following paragraph:- SECTION 12B. Section 142M of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting before the definition of “Commissioner” the following definition:- SECTION 13. (a) There shall be established at the University of Massachusetts, the Commonwealth Alternative Fuels Institute, for the purpose of researching and developing hybrid and alternative fuel vehicles and alternative fuels and any related technology and components involved in the production, conversion, operation and maintenance of hybrid and alternative fuel vehicles and hybrids. SECTION 14. The Massachusetts Turnpike Authority shall develop a plan, in consultation with the executive office of transportation, for the availability of alternative fuel at each fueling facility or service terminal on the Massachusetts Turnpike. The plan shall provide for availability not later than January 1, 2012. Should the authority determine that facilitating the availability is not feasible, it shall report the findings, together with the reasons therefor, to the house and senate committees on ways and means and the joint committee on transportation not later than January 31, 2006. SECTION 15. (a) The commissioner of energy resources, in consultation with the secretary of administration and finance, the secretary of transportation, the general manager of the Massachusetts Bay Transportation Authority, a representative of the regional transit authorities, the secretary of economic affairs, the secretary of environmental affairs, and the operation services division, shall develop a statewide master plan for the advancement of hybrid and alternative fuel vehicles and related technology. SECTION 16. The secretary of administration and finance through the division of operational services, in consultation with the commissioner of energy resources, shall enter into contracts and agreements with the manufacturers or providers of hybrid or alternative fuel vehicles as may be necessary for the purchase or lease of the vehicles, or aftermarket conversion equipment or technologies in order to comply with this act. SECTION 17. The commissioner of energy resources shall annually develop a directory of alternative fuel vehicles, equipment and services available for purchase by public entities. SECTION 18. The secretary of economic affairs, in consultation with the executive office of transportation and the division of energy resources, shall evaluate the feasibility and desirability of any methods which could be utilized by the commonwealth in order to provide incentive for or incubate the production of alternative fuel vehicles and equipment within its borders. The evaluation shall include, but not be limited to, the potential economic benefits of the production, including job growth, and the potential environmental benefits associated with the production and increased distribution of alternative fuel vehicles and equipment in the commonwealth. SECTION 19. Not later than December 31 of each year, the Massachusetts Bay Transportation Authority shall file with the clerks of the senate and house of representatives and the joint committee on economic development and emerging technologies a report indicating its utilization of hybrid and alternative fuel vehicles and related technologies. The report shall include, but not be limited to, the increased costs or savings, if any, associated with the use of the vehicles, the amount of fuel used and conserved by the use of the vehicles, the emissions rates for the vehicles and other vehicles in the fleet and the positive and negative factors, if any, associated with their use. SECTION 20. The operational services division, in consultation with the executive office of transportation, the secretary of administration and finance, the division of energy resources, the Massachusetts Bay Transportation Authority and regional transit authorities, shall study the feasibility of developing and implementing a system to facilitate the mass purchase of alternative fuel vehicles by the commonwealth and its political subdivisions. The study shall include, but not be limited to, the potential cost savings to be derived from the system, the cost of its administration, appropriate purchasers to participate in the system and the probability of its utilization by those purchasers. SECTION 20A. There shall be a special commission to report on the expanded use of biodiesel fuel in the commonwealth. The commission shall consist of 1 member to be appointed by the department of environmental protection; 1 member to be appointed by the department of telecommunications and energy; 1 member to be appointed by the division of energy resources; 2 members to be appointed by the senate president; 1 member to be appointed by the senate minority leader; 2 members to be appointed by the speaker of the house of representatives; 1 member to be appointed by the minority leader of the house of representatives; and members to be appointed by the governor to provide appropriate consumer, environmental, and industry representation. The commission shall submit a report and recommendations to the secretary of environmental affairs; office of commonwealth development; the joint committee on telecommunications, utilities, and energy; the joint committee on environment, natural resources and agriculture; the joint committee on state administration and regulatory oversight; and the house and senate clerks by June 30, 2006. The commission shall conduct a study of the current impediments in state and federal law and regulation to the certification, licensure and availability for sale in the commonwealth of highly efficient diesel passenger vehicles under the California LEV II standards and potential methods to address such impediments. It shall also examine barriers and opportunities for widespread use of biodiesel and low-sulfur biodiesel fuels for motor vehicles, heating, and other appropriate uses in the commonwealth. From this study the commission shall submit a plan for the expanded use of biodiesel and low-sulfur biodiesel fuels in the commonwealth and proposals for new regulations and laws to expand the use of biodiesel where feasible and appropriate. SECTION 21. Hybrid and alternative fuel vehicles which display a special identifying placard issued under section 12 may travel in high occupancy vehicle or HOV lanes. This section shall expire 3 years following the effective date of this act. SECTION 22. Section 8 shall be in effect for taxable years 2006 to 2010, inclusive. SECTION 23. Section 10 shall be in effect for taxable years 2005 to 2015, inclusive. SECTION 24. Section 11 shall be in effect for taxable years 2005 to 2010, inclusive.Clerk # 15 Relative to Sales Tax Exemptions for Alternative Fuel Vehicles Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- Redraft Clerk # 16 Relative to Alternative Fuel Definitions Messrs. Tarr, Tisei, Knapik, Hedlund, and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- Redraft Clerk #17 State Purchase of Alternative Fuel Vehicles Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend Section 1 of the bill (S. 2457) by striking it in its entirety and replacing it with the following section:- CLERK #18 Establishing an Energy Independence Grant Fund Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- CLERK #19 Relative to Tax Relief for the Purchase of Alternative Fuel Vehicles Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- CLERK #20 Relative to Investment Credits Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- CLERK #21 Corporate Alternative Fuel Fleets Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- CLERK #22 An Amendment Relative to the Taxation of Special Fuels Messrs. Tarr, Tisei, Knapik, Hedlund, and Brown move to amend a pending amendment (No. 22, by Messrs. Tarr, Tisei, Knapik, Hedlund, and Brown) by striking out the wording and inserting in place thereof the following wording:- “SECTION 95. Chapter 64A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting, after section 7A, the following section:— Section 7B. The sale of fuel to a city or town which having consumed the same for any municipal purpose shall be exempt from the excise established by this chapter.” CLERK #23 Energy Independence Placards Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- CLERK #24 Commonwealth Alternative Fuels Institute Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- Redraft Clerk #25 Relative to Fueling Services Messrs. Tarr, Tisei, Knapik, Hedlund, and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- Redraft Clerk #26 An Amendment Relative to a Master Plan Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- Clerk #27 Alternative Fuel Directory Messrs. Tarr, Tisei, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding at the end the following additional section:- Clerk #28 WITHDRAWN Redraft Clerk #29 Smart Grid Pilot Program Messrs. Buoniconti and Pacheco moved that the bill be amended in line 2249 of Section 77 by striking out the words “6 month” and inserting in place thereof the following;- “12 month”; in line 2250 of section 77 after the word “meters” by inserting the words;- “including, but not limited to, advanced smart meters with two-way mesh network capacity”; in line 2259 of Section 77 by striking out the words “6 month” and inserting in place thereof;- “12 month”; in line 2259 of Section 77 by striking out the words “a minimum of” and inserting in place thereof;- “up to”; and in line 2261 of Section 77 by striking out the words “peak loads” and inserting in place thereof; - “average loads”. Clerk #30 Feasibility Study Messrs. Tarr, Tisei, Knapik, Hedlund and Brown, move to amend the bill (S. 2457) by adding at the end the following additional section:- Clerk #31 HOV Lanes Messrs. Tarr, Tisei, Knapik, Hedlund and Brown, move to amend the bill (S. 2457) by adding at the end the following additional section:- Clerk #32 WITHDRAWN Clerk #33 WITHDRAWN Clerk #34 MTC Aid for Micro-CHP Installation Messrs. Tarr, Tisei, Knapik, Hedlund and Brown, move to amend Section 21 of the bill (S. 2457) by adding at the end the following phrase:- “, including residential combined heat and power systems of 10 Kw or less and commercial combined heat and power systems of 60 Kw or less.” Clerk #35 Tax Incentives for Alternative Fuel and Energy Conservation Messrs. Tarr, Tisei, Knapik, Hedlund and Brown, move to amend the bill (S. 2457) by adding at the end the following additional section:- SECTION 95. (A) Part B of section 3 of said chapter 62, as so appearing, is hereby amended by inserting after paragraph 9 the following paragraph:- SECTION 38U. In determining the net income subject to tax under this chapter a domestic or foreign business corporation that installs a combined heat and power system may deduct up to $15,000 paid or incurred during the taxable year with respect to each such installation. Clerk #36 COMMUNITY COLLEGES Mr. Berry moves that the bill be amended, in section 83 subsection (i), by inserting after the word “state” the following:- “or community”. Clerk #37 CLASS II GENERATORS Mr. Berry moves that the bill be amended, in section 15 by striking subsection (e) in section 11F and inserting in place thereof the following :- Clerk #38 Biodiesel Blending Requirement Mr. Downing moves that S. 2457 be amended by inserting the following sections at the end thereof: “SECTION 95. Chapter 94 is hereby amended by inserting after section 249H the following section: SECTION 96. Chapter 94 is hereby amended by inserting after section 295G the following section: Clerk #39 WITHDRAWN Clerk #40 Board of Building Regulations and Standards Mr. Creedon moves to amend the bill in Subsection (m) of Section 44 by inserting at the end of the first sentence the following:- provided, however, that the provisions of the IECC shall not apply to one or two-family dwellings until adopted by the board. Clerk #41 Relative to Consumer Protection Messrs. Tisei, Tarr, Knapik, Hedlund and Brown move to amend the bill (S. 2457) in section 9 by inserting after subsection (c) the following subsection:- Clerk #42 Relative to the Development of Green Buildings Messrs. Tisei, Tarr, Knapik, Hedlund and Brown move to amend the bill (S.2457) by inserting after section 94 the following sections: - Redraft Clerk #43 WITHDRAWN Redraft Clerk #44 WITHDRAWN Clerk #45 HYBRID VEHICLE PURCHASE INCREMENTAL PRICE DIFFERENCE Messrs. Tisei, Tarr, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding, after section 94, the following new section:- “SECTION 95. Sales on the incremental price difference between a hybrid or alternative fuel vehicle, as defined by section 1 of chapter 62, and the same vehicle that uses traditional fuel shall be exempt from the tax imposed pursuant to chapter 64H of the General Laws for one year commencing on July 1, 2008. The commissioner of revenue, in consultation with the secretary of transportation and public works and the secretary of energy and environmental affairs, shall determine the exemption available pursuant to this paragraph based on the incremental price difference between a hybrid or alternative fuel vehicle and the same non-hybrid or traditional fuel vehicle available for purchase in the Commonwealth; provided, however, if the same non-hybrid or traditional fuel vehicle does not exist in order to determine said incremental price difference, a similar non-hybrid or traditional fuel vehicle shall be substituted.”. Redraft Clerk #46 MASSACHUSETTS RENEWABLE ENERGY TRUST FUND Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved that the bill be amended by striking section 28 and inserting in place thereof the following section:- Clerk #47 Municipal Renewable Energy and Efficiency Projects Messrs. Tisei, Tarr, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by inserting after section 94 the following section: -
If there are insufficient eligible projects to utilize the portion of the funds collected for this purpose the department shall revert those funds and reallocate them for uses prescribed in section 9 of this bill. Clerk #48 ROPERTY TAX ABATEMENT FOR RENEWABLE Messrs. Tisei, Tarr, Knapik, Hedlund and Brown move to amend the bill (S. 2457) by adding, after section 19, the following section:- Clerk #49 SALES TAX EXEMPTION FOR ENERGY STAR PRODUCTS Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moves to amend the bill (S. 2457) by inserting after section 94 the following section: - “SECTION 95. Section 6 of chapter 64H, as most recently amended by chapter 260 of the acts of 2006, is hereby further amended by adding at the end thereof the following new paragraph:-
Clerk #50 Increased Nuclear Energy Production Mr. Tisei moves to amend the bill (S. 2457) by inserting after section 94 the following section: - “Section 95. The division of energy resources shall, in consultation with the executive office of energy and environmental affairs, evaluate different land areas for their suitability as future sites of nuclear power generation. Said evaluation shall also consider what current regulator impediments exist to the increase of nuclear power generation in the Commonwealth, as well as what if any actions may be taken to improve the economic feasibility of this low-emission form of power generation.” Redraft Clerk #51 Renewable Energy Amendment relative to CAFÉ Standards Mr. Petruccelli moves to amend S. 2457 by inserting after Section 1 the following Section: “SECTION 1A. Chapter 30 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 36A the following section:— Section 36B. The commissioner of administration shall establish and enforce regulations governing the fuel efficiency standards that all vehicles must meet. The average fuel consumption, for the entire fleet of passenger vehicles owned or leased by the Commonwealth, except those vehicles used for emergency purposes, security purposes, and special services, shall be equal to or more efficient than the US Corporate Average Fuel Economy (CAFE) Standards as established by the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA). Clerk #52 Steam Distribution Companies Mr. Petruccelli moves to amend Senate 2457 in Section 46 by striking out the following words:- “Steam distribution company,” any person, firm, partnership, association, private corporation organized under the laws of the commonwealth for the purpose of operating any plant or equipment or facilities for the manufacture, production, transmission, furnishing or distribution of steam to or for the public for compensation within the Commonwealth; provided however, that steam distribution company shall not mean: (i) an entity producing and distributing steam exclusively on private property and solely for the entity’s use or the use of the entity’s tenant, and not for distribution or sale; or (ii) a company that produces and sells steam as a bi-product of the production of electricity for sale in the wholesale electricity markets and does not own or operate pipelines off site of the generating facility for the distribution of steam.”, and inserting in place thereof the following words: “Steam distribution company,” any person, firm, partnership, association, private corporation operating any plant or equipment or facilities for the manufacture, production, transmission, furnishing or distribution of steam to or for the public for compensation within the Commonwealth; provided however, that steam distribution company shall not mean: (i) an entity producing and distributing steam exclusively on private property and solely for the entity’s use or the use of the entity’s tenant, and not for distribution or sale; or (ii) a company that produces and sells steam as a bi-product of the production of electricity for sale in the wholesale electricity markets and does not own or operate pipelines off site of the generating facility for the distribution of steam.” Redraft Clerk #53 To Clarify Hydro Electric Facility Standards Ms. Resor, Mr. Downing, Ms. Chandler, Mr. O’Leary and Mr. Brewer move to amend the bill, Senate 2457, in Section 15 by striking out clause (vi) in subsection (c) of section 11F, and inserting in place thereof the following clause:- (vi) energy resulting from new hydroelectric facilities regulated by FERC, or incremental energy from increased capacity or efficiency improvements at existing hydroelectric facilities regulated by FERC, so long as such energy from new facilities or from increased capacity and efficiency does not involve pumped storage of water and meets low impact standards as established by the department of environmental protection in consultation with the division and the department of fish and game; provided that only energy from new facilities up to 25 megawatts or attributable to improvements that incrementally increase capacity by up to 25 megawatts at an existing hydro electric facility shall be considered new renewable energy; Clerk #54 To Clarify the Definition of Cellulosic Biofuel Ms. Resor and Mr. O’Leary move that the bill (Senate, No. 2457) be amended in section 38 subsection (n) (line 1325) by striking the word “ether,” Clerk #55 Assessments on steam distribution companies Mr. Petruccelli moves to amend Senate 2457 in Section 18A by striking out the following last sentence thereof: “In no instance shall the individual steam distribution company assessment be made at a rate exceeding 0.2 per cent of such company’s intrastate operating revenues.” Clerk #56 To Improve the Study of Commercial and Demolition Waste Ms. Resor moves that the bill (Senate No. 2457) be amended by inserting in Section 79, in line 2299, after the words “section 11F of chapter 25A of the General Laws.” the following, “Said study shall include an investigation into the feasibility of removing and managing the residue of all contaminants, such as lead paint, preservatives, finishes and coatings, prior to use as a fuel as well as management options for using contaminated wood and a review of the environmental impacts of using such waste as fuel.” Clerk #57 WITHDRAWN Redraft Clerk #58 To Establish the Siting Criteria Advisory Board Ms Resor and Mr..Tarr moved that the bill be amended by adding the following new section: -- Clerk #59 Derived Fuel Ms. Jehlen moves to amend the bill by striking out, in line 653, the following:- “(iv) any facility which substitutes any portion of its fossil fuel source with an equal to or greater portion of an alternative, paper-derived fuel source approved by the department of environmental protection through a Beneficial Use Determination for the production of heat or power” Clerk #60 WITHDRAWN Clerk #61 WITHDRAWN Clerk #62 WITHDRAWN Clerk #63 WITHDRAWN Clerk #64 WITHDRAWN Clerk #65 WITHDRAWN Clerk #66 Ethanol Tax Breaks Mr. Hedlund moves to amend the bill (S. 2457) by adding to section 37 after the words “tax per gallon shall be reduced” the following: - "until the year 2028” Clerk #67 WITHDRAWN Redraft Clerk #68 Higher Education Construction Mr. Hedlund moved that the bill be amendmed by inserting in subsection (a) of section 2 at the end thereof following: - Redraft Clerk #69 An Amendment Relative to Home Energy Conservation Improvements Mr. TARR, along with Mr. TISEI, Mr. KNAPIK, Mr. HEDLUND, and Mr. BROWN, moves to amend Section 36 of the bill (S. 2457) by striking it in its entirety and replacing it with the following section:- (3B) For energy conservation, alternative energy or renewable energy improvements to public buildings or facilities owned or leased by the city or town, or on property owned or leased by the city or town, 20 years. (3C) For loans to homeowners for energy conservation, alternative energy or renewable energy improvements to residential properties, 20 years; provided, that repayment of these loans by homeowners shall be in the form of a betterment tax. Clerk #70 WITHDRAWN Redraft Clerk #71 Default Service Adjustment Study Mr. O’Leary moved that the bill be amended, inserting at the end thereof the following new section:- Clerk #72 Energy Efficiency Funding Messrs. O’Leary and Pacheco, Ms. Resor, Messrs. Moore and Tarr moved to amend the bill (Senate, No. 2457), in section 9, by inserting after the words “be funded by”, in the third sentence, the following words:- “amounts generated by the distribution companies and municipal aggregators pursuant to the Forward Capacity Market program administered by ISO New England, by amounts generated by the NOx Allowance Trading Program, and” Clerk #73 HOME HEATING OIL Ms Jehlen moves to amend the bill by inserting the following Section:- “SECTION ____. Chapter 25 of the General Laws is hereby amended by adding, after section 23, the following section:- Section 24. A receipts fee of 0.5 cents per gallon shall be imposed at the point of sale on all dyed #1 distillate and all dyed #2 distillate regardless of sulfur content sold in Massachusetts. The fee shall be collected by a wholesale distributor on sales to a person other than a wholesale distributor. The fee will be on sales of all dyed #1 distillate and all dyed #2 distillate used by consumers who utilize the fuel for residential space or hot water heating. Exempt uses include fuel used by vessels, railroad, utilities, farmers and the military. Such funds shall be deposited by the commissioner of administration in a separate account with the state treasurer pursuant to Section 4F of Chapter 7, which account shall been known as the Oil Heating Energy Efficiency Trust. The funds may be expended by the commissioner for the sole purpose of providing financial incentives for the replacement of old and inefficient oil heating systems, including any necessary tank replacement or integrated hot water system installation, or the ongoing clean and tune services to maintain the efficiency of the systems, in single and multi-family residential homes. Such systems replaced shall be at least 20 years old or operate at less than 80% combustion efficiency and will be replaced with the most modern and highest efficiency systems practicable, as determined by the program administrator designated pursuant to this section. The commissioner shall expend these funds at the direction of the secretary of the executive office of energy and environmental affairs, which shall designate a program administrator to deliver these services in a cost effective manner that is coordinated with other energy efficiency programs, including delivery of program services by retail home heating oil dealers. A program implementation plan shall be submitted by the program administrator to the Council for incorporation into the overall planning and implementation strategy in the commonwealth. At least 30% of the funds collected shall be spent on comprehensive low-income residential demand-side management and education programs. These programs shall be administered in conjunction with the low income weatherization funds administered by the department of housing and community development and program administrators and delivered through the low income weatherization and fuel assistance network.” Clerk #74 Financial Assistance for Renewable Energy Mr. O’Leary moved to amend the bill (Senate, No. 2457) by inserting at the end thereof the following section:- SECTION __. Subsection (f)(1) of section 4E of chapter 40J, as so appearing, is hereby amended by inserting after the second sentence, the following new sentence:- “Such funds may also be used by a municipality or group of municipalities with an established load aggregation program under section 134 of chapter 164 in a service territory in which all consumers together have a peak load of at least [200 MW], for grants, loans, or other financial assistance to overcome barriers to renewable energy development, if consistent with the provisions of this section.”. Clerk #75 Lifecycle Definition Messrs. O’Leary and Downing, Ms. Resor and Mr. Moore moved to amend the bill (Senate No. 2457), in section 37, by inserting after the word “substantial”, in the second sentence, the following words:- “reduction of full”; And further, in said section 37, by striking out, after the word “lifecycle”, in the second sentence, the following words:- “reduction in”; And in section 38, by striking subsection (o), and inserting in place thereof the following subsection:- “(o) “Full life-cycle greenhouse gas emissions”, the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant indirect emissions from land use changes), as determined by the division of energy resources, related to the full fuel life-cycle, including all stages of fuel and feedstock and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential.” Clerk #76 Energy Delivery Mr. Baddour moves to amend Senate Bill 2457 in Section 50, line 1715, by striking out the following:- “effective delivery of energy efficiency and demand side management”. Clerk #77 Energy Efficiency Mr. Baddour moves to amend Senate 2457 by striking out section (d) from lines 438 through 447 and inserting in place thereof the following:- (d) To the extent an electric or natural gas distribution company or municipal aggregator has not reasonably complied with the plan, the department shall be authorized to open an investigation. In any such investigation, the utility shall have the burden of proof to show whether it had good cause for failing to reasonably comply with the plan. If the utility does not meet its burden, the department may levy a financial penalty up to the product of $0.05/kWh or $1/therm times the shortfall of kWhs saved or therms saved, as applicable, the amount of which shall depend upon the facts and circumstances and degree of fault, to Massachusetts Technology Park Corporation within 60 days after the end of the year in which the department levied the financial penalty. Said penalty shall not impact ratepayers. The assessment rate shall be adjusted each year after 2008 and shall be equal to the previous year's rates adjusted up or down according to the previous year's Consumer Price Index. The division of energy resources shall oversee the use of said funds by the Massachusetts Technology Park Corporation so as to maximize the amount of energy efficiency achieved. Redraft Clerk #78 Renewable Energy Mr. Baddour moved that the bill be amended in Section 69, line 1976, by striking out “II” and “III”; and further amends the bill in Section 69, line 1984, by striking out section (e) and substituting the following: Clerk #79 Service Quality Index Measures Mr. Baddour moves to amend Senate Bill 2457 by striking section 51 in its entirety and inserting in place thereof the following new section:- “SECTION 51. Section 1E of said chapter 164, as so appearing, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:- (c) Each distribution, transmission, and gas company shall file a report with the department by March 1 of each year comparing its performance during the previous calendar year to the department’s service quality standards and any applicable national standards as may be adopted by the department. The department shall be authorized to levy a penalty against any distribution, transmission, or gas company which fails to meet the service quality standards in an amount up to and including the equivalent of 2 per cent of such company’s transmission and distribution service revenues for the previous calendar year. Whenever a service quality penalty for a company equals or exceeds 50 per cent of the maximum for two consecutive years, the department shall be authorized to levy a penalty against said distribution, transmission, or gas company which fails to meet the service quality standards in the next succeeding year in an amount up to and including the equivalent of 4 per cent of such company’s transmission and distribution service revenues for the previous year. Nothing in this section shall prevent the department from approving, after notice and a public hearing, a performance-based distribution service quality plan that includes penalties and/or incentives that exceeds but shall not be less than the maximum penalty amounts established herein; provided, however, that any such plan must be voluntarily proposed by said affected distributions, transmission or gas company as part of a settlement agreement or otherwise.” Clerk #80 WITHDRAWN Clerk #81 WITHDRAWN Clerk #82 Municipal Aggregator Penalties Mr. O’Leary moved to amend the bill (Senate, No. 2457), in section 11, by striking out, in line 439, the words “or municipal aggregator”. Redraft Clerk #83 To Study The Establishment Of Municipal Electric Utilities. Ms. Fargo and Mr. Augustus, Ms. Chandler and Mr. Galluccio moved that the bill be amended by inserting after section xx the following section:- Section XX The division of energy resources shall conduct a study of the fiscal impact, viability, statutory and regulatory barriers and long-term results of establishing and operating municipal owned electric utilities. The study shall provide a general overview of the impact and effect of establishing and operating a municipal owned utility with regard to municipalities, investor owned utility currently supplying electricity to municipalities, and affected consumers. In addition, the study shall make recommendations: (i) to address any existing inequities or other barriers preventing the establishment of municipal owned electric utilities in current statutes or regulations, and (ii) for a procedure for a municipality to divest its ownership of electric utility assets to a non-municipal electric utility. There shall be a commission that shall advise the commissioner of the division of energy resources with respect to such study. The commission shall be comprised of the commissioner or a representative who shall serve as chair, and eight other members: four representatives to be chosen by the executive director of the Massachusetts Municipal Association, provided that three representatives are from municipalities that are interested in establishing a municipal electric utility; a representative from the office of the attorney general to be chosen by the attorney general; a representative from the department of public utilities to be chosen by the commissioner of such department; and two representatives to be appointed on a voluntary basis by the commissioner, provided that one appointee is an executive from an investor owned utility, and the other is an executive of an existing municipal electric utility. The division of energy resources shall submit the study to the house and senate chairs of the joint committee on telecommunications, utilities and energy, and the chief executive officer of each municipality within one year of the effective date of this act. Redraft Clerk #84 Ocean Management Mr. O’Leary moved to amend the bill (Senate, No. 2457), in section 75, by inserting after the words “state waters,”, in the first sentence, the following words:- “in accordance with a comprehensive ocean management plan,” Clerk #85 RELATIVE TO PROMOTING REUSABLE ENERGY BY PROVIDING PROPERTY TAX RELIEF Ms. Spilka moves that Senate Bill 2457 be amended by inserting after SECTION 36 the following section:- SECTION 36A: Chapter 59 of the General Laws is hereby amended by adding the following section: Section 58B: (1) Property equipped with solar, geothermal, wind, water, or fuel cell energy systems for the purpose of heating, cooling or generating electrical energy, where said systems were installed on or after July 1, 2008, shall be exempt from ad valorem taxation in an amount that equals any positive amount obtained by subtracting the real market value of the property as if it were not equipped with such systems, from the real market value of the property so equipped. (2) This section applies to tax years beginning prior to July 1, 2012. (3) This section does not apply to property owned or leased by any individual or legal entity whose principal business activity is directly or indirectly the production, transportation or distribution of energy. Clerk #86 Oceans Mr. O’Leary, Ms. Resor, Messrs. Tarr, Montigny, Petruccelli, Moore and Pacheco moved to amend the bill (Senate, No. 2457), inserting at the end thereof the following new sections:- SECTION 95. The general court finds and declares that: (a) Coastal population (a) Coastal population growth and rapid advances in technology and commerce have led to a significant increase in the demands on the commonwealth’s ocean resources; (b) Ocean resources management in the commonwealth has historically been focused on particular resources or activities and public decisions about whether to allow certain activities in the commonwealth's ocean waters have been reactive and fragmented; (c) The commonwealth’s ocean management policy must be adjusted to account for evolving needs and values, emerging technologies and evolving understanding and knowledge of ocean ecosystems to meet the commonwealth's public trust responsibilities; (d) Commercial and recreational fisheries are an integral and historic part of our culture and contribute substantial economic benefits to our citizens; (e) Regulation of these fisheries shall be, exclusively, by the Massachusetts division of marine fisheries and the relevant federal and interstate management agencies; (f) Stewardship of the commonwealth’s ocean waters shall be carried out through an ocean management plan that protects, maintains and restores the abundance and diversity of native species and habitats and the health and productivity of coastal and marine ecosystems to fulfill the ecological, economic, educational, social, cultural, nutritional, recreational and other needs of present and future generations in a sustainable manner; and (g) The Massachusetts ocean management task force, through an active public process, has studied and made recommendations for improved stewardship of the commonwealth’s ocean resources. SECTION 96. Chapter 10 of the General Laws is hereby amended by inserting after section 35EE the following 2 sections:- Section 35FF. There shall be established and set up on the books of the commonwealth a separate fund to be administered by the secretary of energy and environmental affairs, as trustee, in consultation with the department of environmental protection, to be known as the Ocean Resources and Waterways Trust Fund. There shall be credited to the fund the revenue from the compensation or mitigation related to ocean development, the income derived from the investment of amounts credited to the fund and any appropriation or grant explicitly made to the fund. The priority for use of funds derived from compensation or mitigation for ocean development projects shall be to restore or enhance marine habitat and resources related to the impacts of the specific project related to the compensation or mitigation. The funds derived from compensation or mitigation related to public navigational impacts shall be dedicated to public navigational improvements, provided, that any funds for the enhancement of fisheries resources shall be directed to the Marine Fisheries Trust Fund to conduct the needed fisheries restoration and management programs, and any other amounts credited to the fund shall be used, without further appropriation, solely for the purposes of environmental enhancement, restoration and coordination of ocean resources by the secretary pursuant to this section, including the cost of employees or consultant services necessary to implement these priorities. Money remaining in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year. Section 35GG. There shall be established and set up on the books of the commonwealth a separate fund to be administered by the director of the division of marine fisheries, as trustee, to be known as the Marine Fisheries Trust Fund. There shall be credited to the fund the revenue from compensation or mitigation related to fisheries management, any income derived from the investment of amounts credited to the fund and any appropriation or grant explicitly made to the fund. Funds credited to the fund for compensation or mitigation related to fisheries management shall be expended without further appropriation for the preservation, enhancement, restoration or management of marine fisheries. Money remaining in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year. SECTION 97. Section 4A of chapter 21A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “benefits” in line 15 the words: - of section 4C and. SECTION 98. Said chapter 21A is hereby further amended by inserting after section 4B the following section: - Section 4C. (a) The ocean waters and ocean-based development of the commonwealth, within the ocean management planning area described in this section, shall be under the oversight, coordination and planning authority of the secretary of energy and environmental affairs, in accordance with the public trust doctrine, as established by common law and codified in the Colonial Ordinances of 1641-47 and subsequent relevant statutes and cases, and in regular consultation with the members of the ocean management advisory commission and all other relevant agencies, on behalf of the people of the commonwealth pursuant to the authority vested in the secretary by sections 1 through 6 of this chapter. The secretary shall exercise this authority by promulgating an ocean management plan, which shall include maps, illustrations and other media setting forth, among other things, the commonwealth’s goals, policies and standards for ensuring its effective stewardship of the ocean waters held in trust for the benefit of the public. This stewardship shall be carried out in accordance with sound management practices and shall take into account the existing natural, social, cultural, historic and economic characteristics of the planning area; protect the public trust; value biodiversity and ecosystem health; protect special, sensitive or unique estuarine and marine life and habitats; address climate change and sea-level rise; respect the interdependence of ecosystems; coordinate uses that include international, federal, state and local jurisdictions; take into account the importance of the waters of the commonwealth to its citizens who derive livelihoods and recreational benefits from fishing; foster sustainable uses that capitalize on economic opportunity without significant detriment to the ecology or natural beauty of the ocean; preserve and enhance public access; support the infrastructure necessary to sustain the economy and quality of life for the citizens of the commonwealth; use the best available information and expertise; encourage public participation in decision-making; and adapt to our evolving knowledge and understanding of the ocean environment. Nothing in this section shall be construed to alter the jurisdictional authority of the division of marine fisheries. Ocean-based development, for the purposes of this section, shall include the creation, development and installation of permanent or temporary structures and the mining, removal or other exploitation of marine resources not currently subject to chapter 130, which shall remain in full force and effect. (b) The geographic area subject to an ocean management plan shall include any waters and associated submerged lands of the ocean, including the seabed and subsoil, lying between the line designated as the “Nearshore Boundary of the Ocean Management Planning Area”, which is depicted on a plan dated January 31, 2006, prepared by the office of coastal zone management and maintained at the executive office of energy and environmental affairs and with the clerks of the House and the Senate, and the seaward boundary of the commonwealth. An ocean management plan may also address activities in adjacent seaward waters and, to the maximum extent consistent with federal law, shall apply to activities occurring in adjacent federal waters that are functionally connected or otherwise related to the management of resources within the ocean management planning area. An ocean management plan may take into account the different regional characteristics of the commonwealth's waters. (c)(1) There shall be an ocean management advisory commission to assist the secretary in the development of an ocean management plan. This commission shall consist of 16 members: 2 members of the senate, 1 to be appointed by the president of the senate and 1 appointed by the minority leader of the senate; 2 members of the house of representatives, 1 to be appointed by the speaker of the house of representatives and 1 to be appointed by the minority leader of the house of representatives; the director of the office of coastal zone management or his designee; the director of the division of marine fisheries or his designee; and 10 members to be appointed by the governor as follows: 1 representative of a commercial fishing organization; 1 representative of a recreational fishing organization; 2 representatives of environmental organizations; 1 representative of a non-fishing, ocean-dependent industry; 3 mayors or members of a city council or board of selectmen of coastal municipalities of diverse size and location; and 2 directors of regional planning agencies. Members shall be appointed for a term of 3 years, except that, initially, 6 members appointed by the governor shall be appointed for terms of 2 years and 3 members appointed by the governor shall be appointed for terms of 1 year. The appointing authority may fill any vacancy that occurs in an unexpired term. The members of the ocean management commission shall be selected with due regard to coastal geographic distribution. The commission shall annually elect a chairman and clerk, shall keep accurate records of its meetings and hearings and shall meet at least quarterly and at the call of the chairman. 8 members shall constitute a quorum to conduct business. The commission shall hold public meetings relative to matters within the jurisdiction of the ocean management plan and shall make recommendations to the secretary for the proper management and development of the plan. The secretary or his designee shall attend all meetings and hearings of the commission. The secretary shall ensure that the ocean management plan is consistent with the recommendations of the commission. The Office of Coastal Zone Management and Division of Marine Fisheries shall provide technical support to the commission. (2) There shall be an ocean science advisory council to assist the secretary in creating a baseline assessment, subject to clause (1) of the subsection (e), and any other scientific information necessary for the development of an ocean management plan. The council shall consist of 9 members, to be appointed by the secretary: 3 scientists from academic institutions, at least 1 of whom shall be from the School of Marine Science and Technology at the University of Massachusetts at Dartmouth; and at least 1 of whom shall be from the department of environment, earth & ocean science at theUniversity of Massachusetts at Boston; 3 scientists from private nonprofit organizations, including 1 scientist designated by the Massachusetts Fishermen’s Partnership; and 3 scientists from government agencies with demonstrated technical training and experience in the fields of marine ecology, geology, biology, ichthyology, mammalogy, oceanography or other related ocean science disciplines, at least 1 of whom shall be from the division of marine fisheries. The secretary shall serve as coordinator of the council. The council shall meet at such times as the secretary shall set, which shall be no less than once every 3 months to assist the secretary compile the scientific information necessary for the development of an ocean management plan. (d) Upon the secretary’s adoption of an ocean management plan, no structure, use or activities that could significantly alter the ocean resources of the geographic area subject to an ocean management plan under subsection (b) may occur, except as allowed by subsections (j) and (k) if the structure, use or activity conforms to the applicable provisions of the ocean management plan and except for commercial and recreational fishing pursuant to chapter 130. The offices and departments of the executive office of energy and environmental affairs and the other agencies, departments, divisions, units, commissions, boards and authorities of the commonwealth shall enforce laws and regulations within their respective jurisdictions, conduct regulatory reviews, administer programs, disburse funds, perform or supervise construction activities and otherwise conduct their activities in a manner that ensures conformance with the applicable provisions of an ocean management plan and this section. (e) The secretary shall develop, implement and enforce an ocean management plan by regularly consulting with the ocean management advisory commission and by performing duties that shall include, but not be limited to, the following: (1) Creating, in consultation with the ocean science advisory council, a baseline assessment of the commonwealth’s ocean resources and resource use that will serve as the basis for evaluating alternatives and choosing courses of action and that shall incorporate the best available engineering applications and scientific understanding of marine and ocean resources, including the identification of special, sensitive or unique estuarine and marine life and habitats, through research, mapping, monitoring, and consideration of public and agency input and other relevant natural, infrastructure, social, cultural, historic and economic planning information; (2) Establishing an outreach and participation program which shall include early and continuing interaction with the public, the business sector, other interested groups and local, state, regional and federal officials as described in subsection (g), and regular consultation with the ocean management advisory commission, the ocean science advisory council, the department of environmental protection, the department of conservation and recreation, the department of public utilities, the energy facilities siting board, the executive offices of economic development and public safety, the highway department, the division of energy resources, the port authorities, the department of agricultural resources and other state and federal agencies having jurisdiction over resources or activities within or affecting the ocean management planning area to achieve maximum feasible compatibility with the plans, programs or projects for which such departments, divisions, boards and other agencies are responsible. A summary of the outreach and participation program shall be included in an ocean management plan; (3) Identifying management measures, including but not limited to, setting performance standards, mitigation requirements and use limitations, as may be applicable to specific geographic areas, to be developed in a manner consistent with applicable state statutes and regulations that control or otherwise affect development or other ocean use in the planning area. These management measures shall be compatible, to the maximum extent feasible, with all applicable plans, programs and projects for which a state agency may be responsible. The division of marine fisheries, pursuant to chapter 130 and any other applicable general or special law, shall have sole responsibility for developing and implementing any fisheries management plans or fisheries regulations that the division determines to be necessary based on the best available scientific information. Marine fisheries shall be managed in compliance with the applicable rules and regulations of the division of marine fisheries and federal or interstate fishery management plans issued pursuant to chapter 130 or any other applicable general or special law and shall be integrated, to the maximum extent practicable, with an ocean management plan. Fisheries management plans shall be integrated with an ocean management plan in a manner that enhances the ability of the division of marine fisheries to fulfill its responsibilities and to avoid any alterations of the jurisdictional authority of the division of marine fisheries. Waterfowl hunting shall be managed in compliance with the rules and regulations of the division of fisheries and wildlife issued pursuant to chapter 131 or any other general or special law, and shall be integrated, to the maximum extent practicable, with an ocean management plan. Nothing contained in this section shall prohibit the transiting of commercial fishing and recreational boats in Massachusetts ocean waters; (4) Implementing a specific strategy to ensure effective application of the identified management measures within the planning area in question. Implementation arrangements may include, as appropriate, memoranda of understanding or other instruments of agreement to ensure coordination between the secretary and other relevant state agencies; (5) Establishing a time period during which an ocean management plan is to remain effective and a proposed date, not to exceed 5 years from the date of plan adoption, on which re-evaluation of the plan will commence for purposes of renewal and amendment. The re-evaluation process shall include, but not be limited to, an opportunity for public comments, informational meetings and public meetings, as described in subsection (g). An ocean management plan shall remain in effect until a renewed or amended ocean management plan is adopted; and (6) Creating other such elements as may be considered appropriate by the secretary to serve the purposes of this section. (f) Within 6 months of the passage of this act, the commission, in consultation with regional planning agencies, shall appoint working groups to advise the commission on ocean protection and management goals and objectives and strategies. The working groups shall be comprised of members of the general public, the business sector, local, state, regional, and federal officials and other interested groups for the following geographic areas: the coastal region north of Boston that is not considered an Ocean Sanctuary; Cape Cod Ocean Sanctuary, Cape Cod Bay Ocean Sanctuary, Cape and Islands Ocean Sanctuary, North Shore Ocean Sanctuary, and South Essex Ocean Sanctuary, as described in the section 13 of chapter 132A; the region within the Cape and Islands Ocean Sanctuary comprised of all the waters of Buzzards Bay bordered by the mainland of the commonwealth on the west, Cape Cod and the Elizabeth Islands on the east and the Massachusetts and Rhode Island ocean boundary on the south; and the region within the Cape and Islands Ocean Sanctuary comprised of all the state waters of Nantucket Sound and Vineyard Sound, bordered on the west by the Elizabeth Islands, on the North by Cape Cod, on the east by Monomoy Island, and on the south by Nantucket Island and Martha’s Vineyard Island. (g) The secretary shall provide the public the opportunity to receive notice of the contents of a proposed ocean management plan, to make public comments about the plan and to participate in public meetings about the plan at the local and regional levels, in consultation with the Massachusetts association of regional planning agencies. The Secretary shall provide interested parties with the opportunity to present data, views or arguments for a period of at least 60 days in regard to a proposed ocean management plan or any proposed amendment to or renewal of the plan in writing, in accordance with section 3 of chapter 30A, and shall make such proposed amendments or plans available for a public review and comment period through notice in the Environmental Monitor and at least 1 newspaper of general circulation in each of the 5 administrative regions defined in the Massachusetts coastal zone management plan, commonly known as the North Shore, South Shore, South Coast, metropolitan Boston and Cape Cod and the Islands regions. For a proposed ocean management plan, the secretary shall conduct at least 1 public meeting, in consultation with the Massachusetts association of regional planning agencies, in each of the 5 administrative regions defined in the Massachusetts coastal zone management plan. For a proposed amendment to an ocean management plan, the secretary shall conduct at least 1 public meeting, in consultation with the Massachusetts association of regional planning agencies, in each of the administrative regions that would be directly affected by the proposed amendment. At the conclusion of such public process, and after consideration of public comments received during the public comment period, the secretary may adopt an ocean management plan or any amendments thereto, and notice thereof shall be published in the next available edition of the Environmental Monitor and the Massachusetts Register. The secretary shall file a copy of the ocean management plan and any amendments thereto with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on the environment, natural resources and agriculture at least 90 days before the ocean management plan or any amendments thereto are to take effect. (h) The secretary shall reconsider the decision to adopt an ocean management plan, any portion thereof or any amendment thereto only if information which has been overlooked or misunderstood requiring such reconsideration is presented by the planning representative of a local government, a state agency or 10 or more citizens of the commonwealth in a written petition submitted within 21 days of the secretary’s decision. The secretary’s decision shall be final 21 days after it is issued if no request for reconsideration is timely filed. A petition for reconsideration shall include a clear and concise statement of the specific objections to the secretary’s decision and the relief sought, including any specific changes that are proposed for consideration. The secretary shall respond in writing to such petition within 21 days of the close of the petition period and shall set forth the basis for such response including the reasons for any modification of the decision. Decisions on requests for reconsideration shall be final upon a date specified by the secretary in the response to the request for reconsideration, and in any case, not longer than 21 days after the response. After the secretary’s decision becomes final, notice thereof shall be published in the next available edition of the Environmental Monitor and the Massachusetts Register. (i) Judicial review of the secretary’s approval of an ocean management plan or any amendment thereto shall be as provided in section 7 of chapter 30A. Such action shall be commenced within 30 days of the publication of notice of the ocean plan or amendment in the Massachusetts Register or, if a request for reconsideration is filed, within 30 days of publication of notice of the secretary’s decision on the request for reconsideration. A person may not commence such action unless the issue complained of was raised by that person in writing during the public comment period on the ocean plan or amendment. An issue may be raised for judicial review upon a showing that it is material and that it was not reasonably possible with due diligence to have raised it during the public comment period. (j) Notwithstanding any other provisions of this section, the following activities are prohibited between the mean low water mark and the seaward boundary of the commonwealth: (1) constructing or operating offshore or floating electric generating stations in areas designated as an ocean sanctuary by section 13 of chapter 132A, except: (i) on an emergency and temporary basis for the supply of energy when the electric generating station is otherwise consistent with an ocean management plan; or (ii) for small-scale renewable energy systems, as defined by the ocean management plan, in areas other than the Cape Cod Ocean Sanctuary, established by section 13 of chapter 132A, when the small-scale renewable energy system is otherwise consistent with an ocean management plan; (A) The ocean management plan shall include standards and criteria for siting small-scale offshore renewable energy facilities, including but not limited to compatibility with existing uses, appropriateness of technology and scale, environmental protection, public safety and community benefit. (B) In regions where regional planning agencies are provided regulatory authority, a regional planning agency may review small-scale offshore renewable energy projects as developments of regional impact based on the standards and criteria set forth in its regional policy plan. A person aggrieved by a decision of a regional planning agency relating to an offshore renewable energy project may appeal the decision to the energy facilities siting board, hereinafter referred to as the board. The board shall conduct an adjudicatory proceeding as defined in chapter 30A of the General Laws. The board shall make findings as to whether the offshore renewable energy project complies with the standards and criteria set forth in the ocean management plan. The decision of the regional planning agency shall not be disturbed unless the board finds on the record that the decision of the regional planning agency was arbitrary or capricious. The board’s decision shall be subject to judicial review pursuant to section 5 of chapter 25 of the General Laws. (2) dumping or discharging commercial, municipal, domestic or industrial wastes in areas designated as an ocean sanctuary by section 13 of chapter 132A, except as may be allowed pursuant to sections 16 and 16A to 16F, inclusive, of chapter 132A and their implementing regulations, as may be amended, and except for the discharge of bait and fish offal customarily associated with fishing; (3) incinerating solid waste material or refuse on or in vessels moored or afloat; (4) extracting stone, sand, gravel or other minerals, gases or oils from the seabed or subsoil; except for dredging for maintenance or other navigational purposes, including but not limited to slips, moorings and maintenance or expansion of boat access, outside of the geographic area described in subsection (b); and, if consistent with any applicable provisions of an ocean management plan, except for dredging for maintenance or other navigational purposes within the geographic area described in subsection (b),shore protection, beach restoration or for facilities and activities undertaken or required by a public agency for the purposes of decontamination, response actions, or capping or disposal of polluted aquatic sediments; (5) building or operating commercial advertising in areas designated as an ocean sanctuary by section 13 of chapter 132A; and (6) building or long-term mooring of a structure on the seabed or subsoil in the area designated as the Cape Cod Ocean Sanctuary by section 13 of chapter 132A, except as allowed in clauses (1) and (4) to (7), inclusive, of subsection (k). (k) In the areas within the geographic area described in subsection (b), the following activities are allowed, to the extent they are not prohibited by subsection (j), if the activity has met all applicable requirements of other local, state and federal laws and regulations and is consistent with an applicable ocean management plan: (1) beach nourishment, channel and shore protection structures and dredging for maintenance and navigational purposes; (2) the operation, maintenance, repair or construction of infrastructure facilities used in the transmission or distribution of electricity, natural gas, water or telecommunications services, including pipelines, cables and conduits, except in the area designated as the Cape Cod Ocean Sanctuary by section 13 of chapter 132A; (3) industrial liquid coolant discharge and intake systems, except in the area designated as the Cape Cod Ocean Sanctuary by section 13 of chapter 132A; (4) facilities for aquaculture; (5) moorings, floats and rafts held by bottom anchor for the purpose of vessel docking or mooring, and ramps attached thereto; (6) docks, piers, wharves or other filled or pile-supported structures contiguous with the existing land mass; (7) environmental restoration or mitigation activities required by certificate of the secretary of energy and environmental affairs; (8) dumping or discharging commercial, municipal, domestic or industrial wastes, in areas not designated as an ocean sanctuary by section 13 of chapter 132A; and (9) temporary scientific and educational facilities. (l)(1) In the areas within the geographic area described in subsection (b), commercial and recreational fishing are allowable, subject to the exclusive jurisdiction of the division of marine fisheries. A component of an ocean management plan which regulates commercial or recreational fishing shall be developed, promulgated and enforced by the division of marine fisheries pursuant to its authority under chapter 130. (2) A component of an ocean management plan which does not have as its primary purpose the regulation of commercial or recreational fishing but which has an impact on such fishing shall minimize negative economic impacts on commercial and recreational fishing. Prior to inclusion in an ocean management plan, a component with such a reasonably foreseeable impact shall be referred to the division of marine fisheries, which shall respond to the secretary, pursuant to paragraph (3), in a timely and efficient manner. (3) The director of the division of marine fisheries shall evaluate a component referred to him under paragraph (2) for its impact on commercial and recreational fishing and, if possible, develop and recommend to the secretary any suggestions or alternatives to mitigate or eliminate any adverse impacts. The secretary and the ocean management advisory commission shall consider the response of the director in determining whether the component shall be included in the ocean management plan. If the secretary does not adopt a suggestion or recommended alternative, he shall certify in writing the reasons therefore and append the certification to the ocean management plan. If the division does not respond to the secretary within 30 days, the failure to timely respond shall be considered a response by the director that the referred component poses no adverse negative economic impact on commercial and recreational fishing. (4) The director of division of marine fisheries, subject to the approval of the marine fisheries advisory commission, shall have sole authority for the opening and closing of areas within the geographic area described in subsection (b) for the taking of any and all types of fish, pursuant to section 17A of chapter 130. Nothing in this section shall limit the authority of the director under section 17 of chapter 130 or any other provision thereto. (m) A project that has filed a chapter 91 license application and received a determination of completeness from the department of environmental protection or, if the project is subject to review pursuant to section 61 of chapter 30, has received a certificate of adequacy regarding a draft environmental impact report from the secretary, shall be governed by the ocean management plan in effect at the time of filing. (n) The secretary may promulgate regulations to implement, administer and enforce this section and may interpret this section and any regulations adopted hereunder consistent with his power to enforce the laws of the commonwealth. SECTION 99. Section 12A of chapter 132A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following sentence:- Upon the adoption of an ocean management plan pursuant to section 4C of chapter 21A, this section and sections 12C, 14 to 16, inclusive, and 18 shall cease to be effective. Before a plan is adopted, in the case of any differences between the requirements of section 15 and 16 of chapter 132A and paragraphs (j) and (k) of section 4C of chapter 21A, the provisions of sections 15 and 16 of chapter 132A shall control. SECTION 100. Section 12B of said chapter 132A, as so appearing, is hereby amended by striking out, in line 3, the words “’Act’, the Massachusetts Ocean Sanctuaries Act”. SECTION 101. Said Section 12B of said chapter 132A, as so appearing, is further amended by striking out, in lines 13 and 14, the words “environmental management” and inserting in place thereof the following words: - environmental protection. SECTION 102. Section 16A of said chapter 132A, as so appearing, is hereby amended, in lines 1 and 7 by striking out the words “section fifteen” and inserting in place thereof the following words: - clause (2) of paragraph (j) of section 4C of chapter 21A. SECTION 103. A project shall not be subject to the requirements of section 4C of chapter 21A if, prior to the date of approval of the first ocean management plan as authorized by section 4C of chapter 21A of the General Laws, the project has 1) filed a chapter 91 license application and received a written determination of completeness by the department of environmental protection; or 2) if the project is subject to review pursuant to section 61 of chapter 30 of the General Laws, received a certificate of adequacy regarding a final environmental impact report from the secretary; or 3) if the project is subject to jurisdiction of the energy facilities siting board, received both a final decision from the energy facilities siting board and a certificate of adequacy regarding a draft environmental impact report from the secretary. A project not subject to section 4C of chapter 21A must comply with sections 12A to 16F, inclusive, and 18 of chapter 132A of the General Laws, as the sections were in effect immediately prior enactment of section 4C of chapter 21A. SECTION 104. The secretary of energy and environmental affairs shall report annually to the joint committee on environment, natural resources and agriculture identifying management measures established and the progress made in creating an ocean management plan pursuant to section 4C of chapter 21A of the General Laws, until a plan is first adopted. SECTION 105. The secretary of energy and environmental affairs shall develop, adopt and implement an ocean management plan within 24 months of the effective date of section 5. Upon adoption, an ocean management plan shall be formally incorporated into the Massachusetts coastal zone management program, as referenced in section 4A of chapter 21A of the General Laws. SECTION 106. The secretary of energy and environmental affairs, in consultation with the department of environmental protection, the department of conservation and recreation and the division of marine fisheries, shall examine the establishment or renegotiation of fees, licenses, permits, rents, leases and the adjustment or development of other revenue sources for the purposes of funding ocean resource enhancement or restoration. Nothing in this section shall provide for a salt-water fishing license or any similar fees or user permits for salt water fishing. The secretary shall report the findings of his examination to the general court and shall recommend the establishment of fees, licenses, permits, rents, leases and the adjustment or development of other revenue sources, as authorized by subsection (n) of section 4C of chapter 21A of the General Laws, by submitting a report, including any proposed legislation, to the joint committee on environment, natural resources and agriculture and the house and senate committees on ways and means within 1 year of the effective date of section 5. FURTHER 86.1 Large Scale Renewable Wind Energy Projects Messrs. Tisei, Tarr, Knapik, Hedlund and Brown move to further amend the bill (S. 2457) by inserting at the end thereof the following: - Clerk #87 Solar Domestic Hot Water Messrs. O’Leary, Augustus, Pacheco, Moore and Knapik moved to amend the bill (Senate, No. 2547), in section 26, by inserting after the word “geothermal;” the following words:- “solar domestic hot water;”. Clerk #88 WITHDRAWN Clerk #89 MTC in Energy Council Messrs. Morrissey, O’Leary and McGee move to amend Senate No. 2457, in section 11, by striking out, in line 455, the words “and (xi)” and inserting in place thereof the following words:- , (xi) the Massachusetts Technology Park Corporation and (xii). Clerk #90 Municipal Clarification Senator Morrissey moves to amend the bill, S.2457, by striking out Section 55 and inserting in place thereof the following:- SECTION 55. Section 47C of said chapter 164, as so appearing, is hereby amended by adding the following subsection:- (l) The activities of a municipal lighting plant cooperative shall not be imputed to its individual members and the provision of energy brokering and other energy-related services by a municipal lighting plant cooperative to retail customers without any accompanying sale of electricity to such retail customers shall not constitute the supply of generation services by its members for the purposes of subsection (b) of section 47A. Clerk #91 WITHDRAWN Clerk #92 Net metering Mr. Morrissey moves that the bill, Senate 2457 be amended in subsection 139(d) of section 69 by adding, after the second sentence, the following new sentence:- A distribution company may elect not to allocate such credits and instead may purchase said net metering credits from the facility at the rates provided for herein. Redraft Clerk #93 Municipal Aggregators Technical Amendment Mr. O’Leary moved that the bill be amended in Section 11, in the third sentence (line 493) of Section 22 (d), by striking out the word “company’s” and inserting in place thereof the following text:- “program administrator’s”; and, in section 69, in the fifth sentence (line 2071) of subsection (c), by inserting after the word, “Laws,” the following words:-“as applicable”. Clerk #94 DPU Approval Mr. Buoniconti moves that the bill be amended in the second sentence of paragraph (f) of section 48 by inserting after the words “producing renewable energy,” the following words:- “ except as approved by the department.” The bill is hereby further amended in the third sentence of paragraph (f) of section 48 by inserting after the words “generation facilities with the department,” the following words:- “, including a proposal for the recovery of costs incurred relating to said generation facilities.“ Redraft Clerk #95 Renewable Imports 1 Senator Morrissey, Senator Tarr, and Senator Creem move to amend the bill, Senate 2457 by striking out Section 17 and inserting in place thereof the following new section:- SECTION 17. Said chapter 25A is hereby further amended by inserting after section 11I the following section:- Section 11J. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Generator”, the person that owns directly or indirectly or has title to the output from the renewable energy generating source that is located in a control area external to the ISO- NE Control Area. “Person”, any individual, corporation, limited liability company, general or limited partnership, trust, association or other entity. (e) The division through duly adopted regulations may require such other requirements as it deems appropriate consistent with this section. Senator Morrissey further moves to amend the bill, Senate 2457, by inserting at the end thereof the following 2 new sections:- SECTION __. The division of energy resources shall conduct a study of the economic and environmental impacts on the renewable portfolio standard of requiring Generators as defined in section 11J of chapter 25A to commit their renewable energy generating sources to the ISO-NE control area as a capacity resource. The division shall submit its findings, including proposed recommendations and regulations if applicable, and proposed legislation, if any, to the house and senate committees on ways and means and the joint committee on telecommunications, utilities and energy no later than March 1, 2009. If the division finds that such a requirement is positive with respect to economic and environmental impacts, it shall promulgate regulations implementing said requirement. SECTION __. The division of energy resources shall conduct a study of the economic and environmental impacts on the renewable portfolio standard of requiring that the renewable portfolio standard credit applicable to the eligible renewable energy as determined under subsection (d) of section 11J of chapter 25A shall be reduced by any net exports of energy or renewable energy made during the same period from the ISO-NE control area by (i) the person seeking renewable portfolio credit for such renewable energy, (ii) any affiliate of such person, or (iii) any other person under contract with such person to export energy from the ISO-NE control area and deliver such energy directly or indirectly to such person. The division shall submit its findings, including proposed recommendations and regulations if applicable, and proposed legislation, if any, to the house and senate committees on ways and means and the joint committee on telecommunications, utilities and energy no later than March 1, 2010. If the division finds that such a requirement is positive with respect to economic and environmental impacts, it shall promulgate regulations implementing said requirement. Clerk #96 WITHDRAWN Clerk #97 WITHDRAWN Clerk #98 Utility Company Owned Generation Mr. Morrissey moved that the bill be amended, by striking out Section 48 entirely, and inserting in place thereof the following new section:- Clerk #99 WITHDRAWN Clerk #100 Home Energy Score Components Messrs. Rosenberg and O’Leary move to amend the bill in Section 4 by adding at the end of paragraph (a) the following new text: "Components scored by the program shall include, but not be limited to: fixtures, heating, ventilation, air conditioning, building envelope and insulation, lighting, and hot water systems." Clerk #101 Attorney General Audits Mr. Buoniconti moves that the bill be amended by striking section 7 and inserting in place thereof the following new section:- SECTION 7. Chapter 25 of the General Laws is hereby amended by inserting after section 5D the following section:- Section 5E. Upon written complaint by the attorney general of the commonwealth requesting any independent or department audit of the rate components of any company subject to the jurisdiction of said department, the department shall commence a proceeding within 30 days of receipt of said complaint to determine whether to order such requested audit. If cause for an audit is shown through this proceeding, the department shall order said audit in a reasonable amount of time. The results of any audit so ordered shall be filed promptly with the department of public utilities and the audits shall be paid for by the company that is the subject of the audit. The department may, from time to time, audit all companies subject to the jurisdiction of said department, including, but not limited to, review of the following documents: (i) 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; (ii) all reconciling mechanisms related to rates, prices or charges, merger, acquisition or consolidation related costs and savings three years following the merger, acquisition or consolidation; and (iii) service quality measure statistics and the service quality performance at least every 3 years or whenever service quality penalties equal to or exceed 50 percent of the maximum. Clerk #102 Agricultural Net Metering Messrs. Rosenberg, Brewer, and Knapik move to amend the bill in SECTION 69 by adding after Section 143 a new Section:- Section XXX. Agricultural Net Metering (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 lull 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. Clerk #103 WITHDRAWN Redraft Clerk #104 Billing
Messrs. Timilty, Panagiotakos, and Morrissey move that the bill, S. 2457, be amended, in section 4, by inserting in line 132 after the word “to” the following word:- “reasonably”; and by inserting at the end of subsection (c) the following sentence:- “These regulations shall provide waivers, including but not limited to those by potential buyers, of the home energy audit conducted under the home energy scoring program and that any construction improvements included within the audit are not required to be performed; and by inserting the following section:- “Section __. Any regulations adopted under section 97A of chapter 13 of the General Laws shall not take effect before January 1, 2010.” Clerk #105 WITHDRAWN Clerk #106 WITHDRAWN Clerk #107 WITHDRAWN Clerk #108 Non-utility Competitive Suppliers Mr. Timilty moves that the bill be amended in the first sentence of the first paragraph of section49 by inserting after the words “participating non-utility providers”, the following words:- “, which may be provided by the utility through its website.” The bill is further amended in the first sentence of the second paragraph of section 49 by striking the words “with each customer’s utility bill” and inserting in place thereof the following words:- “on the utility’s website” Redraft Clerk #109 Purchaser Account Receivables Mr. Augustus moved that the bill be amended, in Section 49, by inserting at the end thereof the following new sentence:- Redraft Clerk #110 Municipal Energy Certification and Energy Cost Assistance Mr. Tisei and Mr. Tarr moved that the bill be amended by inserting after section 94 the following: - Clerk #111 Preserving Existing Arrears Management Program Messrs. Tisei and Tarr move to amend the bill (S.2457) by striking the second paragraph of section 65. Clerk #112 Low Income Discount Messrs. Tisei and. Tarr move to amend the bill (S. 2457) by striking in section 52 the words “and fourth paragraphs” and inserting in place thereof the word” :- “paragraph”. Redraft Clerk #113 Low Income Home Energy Assistance Program Messrs. Tisei and Tarr moved that the bill be amended by inserting after section 94 the following section: - Clerk #114 Energy Efficiency Information Clarity Messrs. Tisei and Tarr move to amend the bill (S.2457) by striking in section 49 the words “"or (iv) seeking information regarding energy efficiency." Clerk #115 TAX DEDUCTION FOR HOME HEATING COSTS Messrs. Knapik, Tisei, Tarr, Brown, Moore, Buoniconti, Timilty, and Brewer move that the bill be amended by inserting the following new Section:- “SECTIONX. Notwithstanding any general or special law, rule regulation to the contrary, for taxable year 2008, there shall be deducted from adjusted gross income in determining income: up $800 cost of home heating oil, natural gas, propane, electricity, and wood fuel. deduction available single persons if taxpayer's is equal less than $50,000, joint filers who qualify as a head household $75,000. (a) The deductions may be used only for the cost of home heating oil, natural gas, propane, electricity, and wood fuel purchased between November 1, 2007 and March 31, 2008 and November 1, 2008 and March 31, 2009. (b) Any taxpayer entitled to a deduction under this section may apply the deduction in taxable year 2008 for purchases made in 2007 and 2008. If the taxpayer does not take the full $800 deduction in taxable year 2007, the taxpayer may take the remainder in taxable year 2008 for purchases made in 2008 through March 31, 2008. (c) The commissioner of revenue shall promulgate rules and regulations necessary to implement this section. The commissioner shall also include in such rules and regulations eligibility provisions for a taxpayer who owns a condominium or a cooperative dwelling and for whom such purchases are accounted for in a common area fee or special assessment against such costs as may be reasonably attributed to the percentage ownership share of the condominium or cooperative dwelling costs; and provided further, that the commissioner shall also include in such rules and regulations eligibility provisions for a taxpayer who rents a residential dwelling and for whom such purchases are accounted for in the rent and provisions that account for multiple renters in a residential dwelling. The department shall file a copy of any rules and regulations with the Clerks of the Senate and House of Representatives and with the joint committee on revenue.” Clerk #116 Environmental Aid Appropriation Messrs. Tarr, Tisei, Knapik, Hedlund, and Brown move to amend the bill (S. 2457) by inserting at the end the following additional section:- SECTION 95. Subject to appropriation, no less than $10,000,000 shall be expended for the planning, design and construction of alternative fuel refueling stations on the site of land owned or controlled by the commonwealth or a regional transit authority with a minimum useful life of 5 years, and for financial assistance to cities and towns, school districts and regional transit authorities for the acquisition of alternative fuel vehicles and hybrids with a minimum useful life of 3 years; provided, that the commonwealth or a regional transit authority may enter into agreements or contracts with providers and distributors of alternative fuels necessary to carry out the purposes of this act; further, subject to appropriation, no less than $10,000,000 shall be expended for the planning, design, and construction of green buildings substantially in compliance with LEED-silver standards. Clerk #117 WITHDRAWN Redraft Clerk #118 Hydrokinetic Energy Senator Baddour moves to amend the bill, S.2457, by adding at the end thereof the following new section:- SECTION __. Section 3 of Chapter 25A of the General Laws, as so appearing, by inserting after the definition of “energy management services”, the following new definition:- “marine or hydrokinetic energy”, electrical energy from: (i) waves, tides, and currents in oceans, estuarties, and tidal areas; (ii) free flowing water in rivers, lakes, and streams; (iii) free flowing water in man-made channels; or (iv) differentials in ocean temperature (ocean thermal energy conversion). Senator Baddour further moves to amend the bill, S.2457, in SECTION 15 by striking out in subsection (c) of section 11F the words “or (viii) geothermal energy”, and inserting in place thereof the following:- (viii) marine or hydrokinetic energy as defined in section 3; or (ix) geothermal energy Senator Baddour further moves to amend the bill, S.2457, in SECTION 15 by striking out in subsection (d) of section 11F the words "or (viii) geothermal energy", and inserting in place thereof the following:- (viii) marine or hydrokinetic energy as defined in section 3; or (viii) geothermal energy Clerk #119 WITHDRAWN Clerk #120 Electric Distribution Companies Messrs. Tarr, Tisei, Knapik, Hedlund, and Brown move to amend the bill (S. 2457) by striking the fifth paragraph of Section 75 and inserting in place thereof the following:- “An electric distribution company shall sell such purchased energy into the wholesale spot market, and shall sell such purchased RECs through a competitive bid process. Notwithstanding the foregoing, the department shall conduct periodic reviews to determine the impact on the energy and REC markets of the disposition of energy and RECs hereunder, and may issue reports making recommendations for legislative changes if it determines that actions are being taken that will adversely affect the energy and REC markets.” Clerk #121 WITHDRAWN Clerk #122 WITHDRAWN Clerk #123 Ratepayer Protection Mr. Antonioni moves to amend the bill, in Section 11 in paragraph (1) of subsection (b) of the proposed section 21 of chapter of the General Laws by adding the following sentence: preparation and costs of said electric efficiency investment and natural gas efficiency investment plans shall not financially impact or be passed through to rate payers. Clerk #124 WITHDRAWN Clerk #125 WITHDRAWN Redraft Clerk #126 Maximizing the Impact of the Massachusetts Renewable Portfolio Standard (RPS) Senator Pacheco moved that the bill be amended, in section 15 by inserting a new subsection:-
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