§ 11F 3/4 — Municipal Lighting Plant GGES; minimum percentage of non-carbon emitting energy sold; annual report

Section 11F3/4. (a) Each municipal lighting plant shall establish a greenhouse gas emissions standard, which shall be known as the ''Municipal Lighting Plant GGES.''(b) A Municipal Lighting Plant GGES shall set the minimum percentage of non-carbon emitting energy sold by each municipal lighting plant to all retail end-user customers purchasing electricity pursuant to rates established pursuant to section 58 of chapter 164 as follows: (i) 50 per cent non-carbon emitting energy by 2030; (ii) 75 non-carbon emitting energy per cent by 2040; and (iii) energy sales achieving net-zero greenhouse gas emissions by 2050.(c) For the purposes of this section, ''non-carbon emitting'' shall mean:[Clause (i) of subsection (c) effective until January 1, 2026. For text effective January 1, 2026, see below.]

(i) energy from facilities using the following generation technologies, but only to the extent that any renewable energy credits, emission free energy certificates or other evidentiary non-carbon emitting documentation associated therewith have not been sold, retired, claimed or otherwise represented by another party as part of electrical energy output or sales or used to satisfy obligations in jurisdictions other than the commonwealth: (1) solar photovoltaic; (2) solar thermal electric; (3) hydroelectric, including imports into the New England wholesale electric market as administered by ISO New England Inc.; (4) nuclear; (5) marine or hydrokinetic energy; (6) geothermal energy; (7) landfill methane; (8) anaerobic digester gas; (9) wind energy; and (10) any other generation qualifying for renewable portfolio standards pursuant to section 11F or the department of environmental protection's clean energy standard regulation pursuant to 310 C.M.R. 7.75;

[Clause (i) of subsection (c) as amended by 2021, 8, Sec. 34 effective January 1, 2026. See 2021, 8, Sec. 112. For text effective until January 1, 2026, see above.]

(i) energy from facilities using the following generation technologies, but only to the extent that any renewable energy credits, emission free energy certificates or other evidentiary non-carbon emitting documentation associated therewith have not been sold, retired, claimed or otherwise represented by another party as part of electrical energy output or sales or used to satisfy obligations in jurisdictions other than the commonwealth: (1) solar photovoltaic; (2) solar thermal electric; (3) hydroelectric, including imports into the New England wholesale electric market as administered by ISO New England Inc.; (4) nuclear; (5) marine or hydrokinetic energy; (6) geothermal energy; (7) landfill methane; (8) anaerobic digester gas; (9) wind energy; (10) biomass fuel; and (11) any other generation qualifying for renewable portfolio standards pursuant to section 11F or the department of environmental protection's clean energy standard regulation pursuant to 310 C.M.R. 7.75;

(ii) generation that has net lifecycle greenhouse gas emissions, over a 20-year life cycle, that yield at least a 50 per cent reduction of greenhouse gas emissions per unit of useful energy relative to the lifecycle greenhouse gas emissions from the aggregate use of the operation of a new combined cycle natural gas electric generating facility using the most efficient commercially-available technology as of the date of the statement of qualification application to the department of environmental protection for the portion of electricity delivered by the generation unit;

(iii) clean energy credits, such as renewable energy certificates, emission free energy certificates or other evidentiary non-carbon emitting documentation derived from each megawatt hour of generation from a resource, that are produced, documented or classified in the New England Power Pool Generation Information System, or NEPOOL GIS, that have not otherwise been, nor will be, sold, retired, claimed or represented as part of electrical energy output or sales, or used to satisfy obligations in jurisdictions other than the commonwealth;

(iv) generation from resources otherwise determined by the department; or

(v) any combination of clauses (i) to (iv), inclusive.

(d) In satisfying the minimum percentages set forth in subsection (b), municipal lighting plants may either purchase or generate non-carbon emitting energy. Non-carbon emitting energy from resources using the types of technology set forth in this section, acquired via ownership interest or purchase pursuant to contracts executed prior to the effective date of this section, shall qualify in calculating the minimum percentages contained in subsection (b).

(e) A municipal lighting plant shall file an annual report with the department, using a form specified by the department, demonstrating compliance with this section. If a municipal lighting plant fails to comply with the requirements of this section, it shall make a one-time alternative compliance payment, to be known as the ''Municipal Lighting Plant ACP'' for the year of non-compliance, and on the anniversary of each year that said non-compliance continues thereafter, in the amount 0.25 times the Renewable Portfolio Standard ACP set forth in the department's regulations at 225 C.M.R. 14.00 et seq. per kilowatt hour based on the amount of such deficiency, escalated annually by the Consumer Price Index, but in no event shall said ACP exceed $0.010 per kilowatt hour. Such Municipal Lighting Plant ACP shall be deposited into a fund that shall be maintained and administered by the municipal light plant and such fund shall be used by the municipal light plant to fund greenhouse gas emissions reduction and related programs in its service territory.