reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 22.00 - Notification Of Vegetation Maintenance Activities For Transmission Rights-of-way › Section 22.04 - Event Notice Exemptions

Current through Register 1525, July 5, 2024
(1) A Transmission
		Company shall be exempt from the notification requirements of
		220
		CMR 22.03(2)  during its
		preparation for an imminent Emergency Event, during the Emergency Event, and
		during the subsequent restoration and post-restoration activities related to
		the Emergency Event.
(2) A
		Transmission Company shall be exempt from the notification requirements of
		220
		CMR 22.03(2)  during a
		Critical Event that requires the Transmission Company to undertake immediate,
		non-planned transmission-related vegetation maintenance activities.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 22.00 - Notification Of Vegetation Maintenance Activities For Transmission Rights-of-way › Section 22.05 - Exclusions

Current through Register 1525, July 5, 2024
(1) Nothing in
		220 CMR 22.00 shall modify or
		limit a Transmission Company's notification obligations under
		333 CMR
		11.07: Public Notification, as promulgated by
		the Massachusetts Department of Agricultural Resources.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 22.00 - Notification Of Vegetation Maintenance Activities For Transmission Rights-of-way › Section 22.06 - Miscellaneous

Current through Register 1525, July 5, 2024
The Department may grant, for good cause shown, and not
		  contrary to statute, an exception from any provisions of
		  220 CMR
		  22.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 23.00 - Competitively Solicited Long-term Contracts for Offshore Wind Energy › Section 23.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. 220 CMR 23.00 establishes regulations for
		electric Distribution Companies to enter into Long-term Contracts with Offshore
		Wind Energy Developers to facilitate the financing of Offshore Wind Energy
		Generation.
(2)
Scope
.
(a)220 CMR
		23.00 applies to electric Distribution Companies within the Commonwealth of
		Massachusetts.
(b)220 CMR 23.00
		applies to Long-term Contracts between Offshore Wind Energy Developers and
		electric Distribution Companies, and the resources proposed under such
		contracts.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 23.00 - Competitively Solicited Long-term Contracts for Offshore Wind Energy › Section 23.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of 220 CMR 23.00, the terms set forth in 220
		  CMR 23.02 are defined as follows, unless the context otherwise requires.
Affiliated Company
means affiliated
		  company as defined in M.G.L. c. 164, § 85.
Customer
means a recipient of
		  distribution service provided by a Distribution Company.
Department
means the Department of
		  Public Utilities.
Distribution Company
means electric
		  Distribution Company, as defined in M.G.L. c. 164, § 1.
DOER
means the Department of Energy
		  Resources.
Long-term Contract
means a contract
		  for a period of 15 to 20 years for Offshore Wind Energy Generation pursuant to
		  220 CMR 23.00.
New Class I Renewable Portfolio Standard Eligible
		  Resources
means Class I renewable energy generating sources as
		  defined in M.G.L. c. 25A, § 11F that have not commenced commercial
		  operation prior to the date of execution of a Long-term Contract or that
		  represent the net increase from incremental new generating capacity at an
		  existing facility after the date of execution of a Long-term Contract.
Offshore Wind Developer
means a
		  provider of electricity developed from an offshore wind energy generation
		  project that is located on the Outer Continental Shelf and for which no turbine
		  is located within ten miles of any inhabited area.
Offshore Wind Energy Generation
means
		  offshore electric generating resources derived from wind that:
(a) are Class I renewable energy generating sources as defined
		  in M.G.L. c. 25A, § 11F;
(b) have a commercial operations date on or after January 1,
		  2018, which has been verified by the DOER; and
(c) operate in a designated wind energy area for which an
		  initial federal lease was issued on a competitive basis after January 1,
		  2012.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 23.00 - Competitively Solicited Long-term Contracts for Offshore Wind Energy › Section 23.03 - General Terms and Conditions

Current through Register 1525, July 5, 2024
(1) Not later than
		June 30, 2017, all Distribution Companies shall jointly and competitively
		solicit proposals for Offshore Wind Energy Generation; and, provided that
		reasonable proposals have been received, shall enter into cost-effective
		Long-term Contracts.
(2) Long-term
		Contracts executed pursuant to 220 CMR 23.00 by the Distribution Companies
		shall be filed with and approved by the Department before becoming effective,
		and shall be apportioned among the Distribution Companies.
(3) A Long-term Contract for Offshore Wind
		Energy Generation must meet the criteria established by 220 CMR 23.00, and
		other applicable Department precedent.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 23.00 - Competitively Solicited Long-term Contracts for Offshore Wind Energy › Section 23.05 - General Criteria for Long-term Contracts and Offshore Wind Energy Generation Sources

Current through Register 1525, July 5, 2024
(1) Long-term
		Contracts must be with offshore wind energy generating resources that:
(a) Are determined by the Department to:
1. Provide enhanced electricity
		reliability;
2. Contribute to
		reducing winter electricity price spikes;
3. Be cost effective to Massachusetts
		electric ratepayers over the term of the contract, taking into consideration
		potential economic and environmental benefits to the ratepayers;
4. Avoid line loss and mitigate transmission
		costs to the extent possible and ensure that transmission cost overruns, if
		any, are not borne by ratepayers;
5. Adequately demonstrate project viability
		in a commercially reasonable timeframe;
6. Allow offshore wind energy generation
		resources to be paired with energy storage systems;
7. Mitigate any environmental impacts, where
		possible; and
8. Create and foster
		employment and economic development in Massachusetts, where feasible.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 23.00 - Competitively Solicited Long-term Contracts for Offshore Wind Energy › Section 23.06 - Use of Renewable Energy and RECs Obtained through Long-term Contracts

Current through Register 1525, July 5, 2024
(1) After purchasing energy and RECs, a
		Distribution Company may:
(a) Sell the energy
		to its basic service Customers, and retain RECs for the purpose of meeting the
		applicable annual RPS requirements; or
(b) Sell the energy into the wholesale
		electricity spot market, and sell the purchased RECs to minimize costs to
		ratepayers, provided that DOER has not notified the Distribution Company that
		the RECs should be retained to facilitate reaching emission reduction
		targets.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 23.00 - Competitively Solicited Long-term Contracts for Offshore Wind Energy › Section 23.07 - Remuneration to Distribution Companies

Current through Register 1525, July 5, 2024
(1) A
		Distribution Company may receive an annual remuneration up to 2.75% of the
		annual payments under a Long-term Contract. The purpose of such remuneration
		shall be to compensate the Distribution Company for accepting the financial
		obligation of the Long-term Contract.
(2)220 CMR 23.07 shall be acted upon by the
		Department at the time of contract approval.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 23.00 - Competitively Solicited Long-term Contracts for Offshore Wind Energy › Section 23.08 - Long-term Contracts and RPS Requirements

Current through Register 1525, July 5, 2024
(1)220
		CMR 23.00 will not limit consideration of other Short- or Long-term Contracts
		for power and/or RECs submitted by a Distribution Company for review and
		approval by the Department.
(2) If
		a Distribution Company has entered into Long-term Contracts consistent with 220
		CMR 23.00, it shall not be required by regulation or order or other agreement
		to enter into additional Long-term Contracts under 220 CMR 23.00; provided,
		however, Distribution Companies may voluntarily execute additional Long-term
		Contracts, subject to the approval of the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 23.00 - Competitively Solicited Long-term Contracts for Offshore Wind Energy › Section 23.09 - Exceptions

Current through Register 1525, July 5, 2024
The Department may grant an exception from any provision of 220
		  CMR 23.00 for good cause shown.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 24.00 - Competitively Solicited Long-term Contracts for Clean Energy › Section 24.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. 220 CMR 24.00 establishes regulations for
		electric Distribution Companies to enter into Long-term Contracts with
		developers of Clean Energy Generation resources to facilitate the financing of
		Clean Energy Generation.
(2)
Scope
.
(a)220 CMR
		24.00 applies to electric Distribution Companies within the Commonwealth of
		Massachusetts.
(b)220 CMR 24.00
		applies to Long-term Contracts between developers of Clean Energy Generation
		resources and electric Distribution Companies, and the resources proposed under
		such contracts.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 24.00 - Competitively Solicited Long-term Contracts for Clean Energy › Section 24.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of 220 CMR 24.00, the terms set forth in 220
		  CMR 24.02 are defined as follows, unless the context otherwise requires.
Affiliated Company
means affiliated
		  company as defined in M.G.L. c. 164, § 85.
Customer
means a recipient of
		  distribution service provided by a Distribution Company.
Clean Energy Generation
means
		  either:
(a) firm service hydroelectric generation from hydroelectric
		  generation alone;
(b) new Class I RPS eligible resources that are firmed up with
		  firm service hydroelectric generation; or
(c) new Class I renewable portfolio standard eligible
		  resources.
Department
means the Department of
		  Public Utilities.
Distribution Company
means electric
		  Distribution Company, as defined in M.G.L. c. 164, § 1.
DOER
means the Department of Energy
		  Resources.
Firm Service Hydroelectric Generation
means hydroelectric generation provided without interruption for one or more
		  discrete periods designated in a long-term contract, including but not limited
		  to multiple hydroelectric run-of-the-river generation units managed in a
		  portfolio that creates firm service though the diversity of multiple
		  units.
Long-term Contrac
t means a contract
		  for a period of 15 to 20 years for Clean Energy Generation pursuant to 220 CMR
		  24.00.
New Class I Renewable Portfolio Standard Eligible
		  Resources
means Class I renewable energy generating sources as
		  defined in M.G.L. c. 25A, § 11F that have not commenced commercial
		  operation prior to the date of execution of a Long-term Contract or that
		  represent the net increase from incremental new generating capacity at an
		  existing facility after the date of execution of a Long-term
		  Contract.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 24.00 - Competitively Solicited Long-term Contracts for Clean Energy › Section 24.03 - General Terms and Conditions

Current through Register 1525, July 5, 2024
(1) Not later than
		April 1, 2017, all Distribution Companies shall jointly and competitively
		solicit proposals for Clean Energy Generation; and, provided that reasonable
		proposals have been received, shall enter into cost-effective Long-term
		Contracts for Clean Energy Generation for an annual amount of electricity equal
		to approximately 9,450,000 megawatt-hours.
(2) Long-term Contracts executed pursuant to
		220 CMR 24.00 by the Distribution Companies shall be filed with and approved by
		the Department before becoming effective, and shall be apportioned among the
		Distribution Companies.
(3) A
		Long-term Contract for Clean Energy Generation must meet the criteria
		established by 220 CMR 24.00, and other applicable Department
		precedent.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 24.00 - Competitively Solicited Long-term Contracts for Clean Energy › Section 24.05 - General Criteria for Long-term Contracts and Clean Energy Generation Sources

Current through Register 1525, July 5, 2024
(1) Long-term Contracts must be with Clean
		Energy Generation resources that:
(a) Are
		determined by the Department to:
1. Provide
		enhanced electricity reliability within Massachusetts;
2. Contribute to reducing winter electricity
		price spikes;
3. Be cost effective
		to Massachusetts electric ratepayers over the term of the contract, taking into
		consideration potential economic and environmental benefits to the
		ratepayers;
4. Avoid line loss and
		mitigate transmission costs to the extent possible and ensure that transmission
		cost overruns, if any, are not borne by ratepayers;
5. Allow Long-term Contracts for Clean Energy
		Generation resources to be paired with energy storage systems;
6. Guarantee energy delivery in winter
		months;
7. Adequately demonstrate
		project viability in a commercially reasonable timeframe; and
8. Create and foster employment and economic
		development in Massachusetts, where feasible.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 24.00 - Competitively Solicited Long-term Contracts for Clean Energy › Section 24.06 - Use of Renewable Energy and RECs Obtained through Long-term Contracts

Current through Register 1525, July 5, 2024
(1) After purchasing energy and RECs, a
		Distribution Company may:
(a) Sell the energy
		to its basic service Customers, and retain RECs for the purpose of meeting the
		applicable annual RPS requirements; or
(b) Sell the energy into the wholesale
		electricity spot market, and sell the purchased RECs attributed to Class I
		RPS-eligible resources to minimize costs to ratepayers, provided that a
		Distribution Company shall retain RECs that are not attributed to Class I
		RPS-eligible resources.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 24.00 - Competitively Solicited Long-term Contracts for Clean Energy › Section 24.07 - Remuneration to Distribution Companies

Current through Register 1525, July 5, 2024
(1) A
		Distribution Company may receive an annual remuneration up to 2.75% of the
		annual payments under a Long-term Contract. The purpose of such remuneration
		shall be to compensate the Distribution Company for accepting the financial
		obligation of the Long-term Contract.
(2)220 CMR 24.07 shall be acted upon by the
		Department at the time of contract approval.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 24.00 - Competitively Solicited Long-term Contracts for Clean Energy › Section 24.08 - Long-term Contracts and RPS Requirements

Current through Register 1525, July 5, 2024
(1)220
		CMR 24.00 will not limit consideration of other Short- or Long-term Contracts
		for power and/or RECs submitted by a Distribution Company for review and
		approval by the Department.
(2) If
		a Distribution Company has entered into Long-term Contracts consistent with 220
		CMR 24.00, it shall not be required by regulation or order or other agreement
		to enter into additional Long-term Contracts under 220 CMR 24.00; provided,
		however, Distribution Companies may voluntarily execute additional Long-term
		Contracts, subject to the approval of the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 25.00 - Billing And Termination Procedures Of The Department Of Public Utilities › Section 25.02 - Billing and Termination Procedure for Residential Customers

Current through Register 1525, July 5, 2024
(1)
Billing and
		Payment.
All bills shall be payable upon receipt. However, no bill
		shall be considered "due" under applicable law or
		220 CMR 25.00 in less than 45
		days from receipt or in the case of gas and electric companies in less time
		than has elapsed between receipt of such bill and receipt of the most recent
		previous bill for the company's services, whichever period is greater.
The initial bill after commencement of service shall not be
		  "due" in less than 45 days from receipt, or in less time than has elapsed
		  between receipt of such bill and the day upon which service was initially
		  extended, whichever is greater.
No disputed portion of a bill which relates to the proper
		  application of approved rates and charges, or the company's compliance with
		  220 CMR 25.00, shall be
		  considered "due" during the pendency of any complaint, investigation, hearing
		  or appeal under
		  220 CMR 25.00.
(2)
Actual Meter
		Reading and Estimated Bills.
(a)
		A company shall make an actual meter reading at least every other billing
		period. A company may estimate a customer's consumption of gas, electricity or
		water only if:
1. The procedure used by the
		company for calculating estimated bills has been previously approved by the
		Department;
2. The company clearly
		indicates that the bill is an estimate by use of the word "ESTIMATE" on the
		face of the bill, in close proximity to the amount thereof, and in a manner
		previously approved by the Department; and
3. The company has either scheduled readings
		for times other than normal business hours, or attempted by mail or by
		telephone to make an appointment with the customer, and provided cards on which
		the customer may record the reading; and
4. The company has not rendered an estimated
		bill to the customer for the billing period immediately preceding that for
		which the estimate is made.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 25.00 - Billing And Termination Procedures Of The Department Of Public Utilities › Section 25.03 - Termination of Service to Customers During Serious Illness, Infant, and Winter Protection

Current through Register 1525, July 5, 2024
(1)
Statement of Protection from Shut-off due to Financial
		Hardship.
No company may shut off or refuse to restore utility service to
		  the home of any customer if:
(a) It is
		certified to the company:
1. That the
		customer or someone living in the customer's home is seriously ill;
		or
2. That there is domiciled in
		the home of the customer a child under 12 months of age; or
3. Between November 15th and March 15th that
		the customer's service provides heat or operates the heating system and that
		the service has not been shut off for nonpayment before November 15th
		and
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 25.00 - Billing And Termination Procedures Of The Department Of Public Utilities › Section 25.04 - Termination of Service to Accounts Affecting Tenants

Current through Register 1525, July 5, 2024
(1) Identifying Customers. Each company shall
		devise procedures reasonably designed to identify, before termination of
		service for non-payment, landlord customers paying for service to a residential
		building. Such procedures shall be submitted by each company in writing to the
		Department. The Department may require, by a written notification, such
		modifications of a company's procedures as it considers reasonably necessary to
		carry out the purposes of M.G.L. c. 164, § 124D and M.G.L. c. 165, §
		11E and
		220 CMR
		25.05.
(2)
Identifying Affected
		Tenants.
Each company shall devise procedures reasonably designed
		to identify the number and addresses, including apartment numbers, of tenants
		who may be affected by a planned termination of service to an account, of a
		customer who has been determined, pursuant to procedures adopted under 220 CMR
		25.04(1) to be a landlord customer. Such procedures shall be submitted by each
		company in writing to the Department. The Department may require, by a written
		notification, such modifications of a company's procedures as it considers
		reasonably necessary to carry out the purposes of M.G.L. c. 164, § 124D
		and M.G.L. c. 165, § 11E.
(3)
Termination of Service.
No company shall terminate
		service to any landlord customer for non-payment except in accordance with
		220
		CMR 25.03(1)  and 220 CMR
		25.04.
(4)
Pre-termination Notice to Landlord Customers.
Prior to
		the termination of service to any landlord customer for nonpayment, the company
		shall give the landlord customer prior written notice of termination as
		required by M.G.L. c. 164, § 124D and M.G.L. c. 165, § 11E. Such
		notice shall contain the following information:
(a) The amount owed the company by the
		landlord customer for each affected account;
(b) The date on or after which service will
		be terminated, such date to be not less than 37 days after the date on which
		notice is first given to the landlord customer;
(c) The date on or after which the company
		will notify the tenants of the proposed termination of their rights under
		220 CMR 25.00, including
		their rights to withhold rent;
(d)
		The right of the landlord customer to avoid a termination of service by paying
		the company the full amount due for the accounts in question prior to the
		intended date of termination or by paying a portion of the amount due and
		making an equitable arrangement with the company to pay the balance;
		and
(e) The right of the landlord
		customer to invoke the procedures set forth in
		220 CMR
		25.02(4)  and
		220
		CMR 25.03(1).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 25.00 - Billing And Termination Procedures Of The Department Of Public Utilities › Section 25.06 - Construction

Current through Register 1525, July 5, 2024
Liberal Construction
.
		  220 CMR 25.00 shall be
		  liberally construed and in those instances where notice(s) or any other act(s)
		  is (are) required,
		  220 CMR 25.00 shall be deemed
		  to read in the aggregate.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 26.00 - Security Deposits and Late Payment Charges Applicable to Non-residential Customers › Section 26.01 - Applicability and Definitions

Current through Register 1525, July 5, 2024
(1)
Applicability
.
		220 CMR 26.00 shall apply to
		all gas, electric, and water utility companies subject to the jurisdiction of
		the Department of Public Utilities. Excluded from
		220 CMR 26.00 are residential
		accounts.
If any part of the terms and conditions of any company is in
		  conflict with
		  220 CMR 26.00, such
		  regulations shall be controlling.
(2)
Definitions
. The
		following terms, as used in
		220 CMR 26.00, shall have the
		following meanings:
Account
: any agreement for service to
		  a non-residential customer for which there is a separate bill rendered for such
		  service whether or not such separate bill is rendered to the same location as
		  any other bill by the same company.
Bill
: a written statement from a
		  company to a customer setting forth the amount of gas, electricity, or water
		  service consumed or estimated to have been consumed for the billing period set
		  forth in the company's tariff and charges therefor.
Company
: a gas or electric company as
		  defined in M.G.L. c. 164, or a water company as defined in M.G.L. c.
		  165.
Customer
: any non-residential user of
		  gas, electricity, or water service billed on a commercial or industrial rate as
		  filed with the Department.
Department
: the Department of Public
		  Utilities, Commonwealth of Massachusetts.
Late Payment Charge
: surcharge
		  assessed by a company on the unpaid past due portion of the balance of a
		  customer bill.
Receipt
: in the case of a bill or
		  notice required by
		  220 CMR 26.00, shall be
		  presumed to be three days after the date of mailing, or if a bill or notice is
		  delivered rather than mailed, on the date of delivery.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 26.00 - Security Deposits and Late Payment Charges Applicable to Non-residential Customers › Section 26.02 - Security Deposit Requirements

Current through Register 1525, July 5, 2024
Security deposits may only be required from new non-residential
		  accounts; or from non-residential accounts for service of a similar character,
		  at any location, under any name, if this service has been properly terminated
		  during the last 18 months due to non-payment; or if a non-residential account
		  has failed to pay at least two bills, not reasonably in dispute, within 45 days
		  from the date of receipt of each such bill during the same 18-month
		  period.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 26.00 - Security Deposits and Late Payment Charges Applicable to Non-residential Customers › Section 26.03 - Amount of Security Deposit

Current through Register 1525, July 5, 2024
The maximum amount of any security deposit required shall not
		  exceed the equivalent of either:
(a)
		two months' average usage; or
(b)
		the usage for any one month, whichever is greater. Such usage shall be
		calculated on the basis of the immediately preceding 12 months consumption if
		the same or similar use is being made of the service; or if there is no
		relevant consumption history to determine the prior usage, then the company and
		the customer shall utilize their best efforts to determine an average 12
		month's consumption upon which to base the maximum security deposit, provided
		that if the customer and company cannot agree on an amount for the security
		deposit, then the provisions of
		220 CMR
		26.06 shall apply.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 26.00 - Security Deposits and Late Payment Charges Applicable to Non-residential Customers › Section 26.04 - Refund of Deposit

Current through Register 1525, July 5, 2024
The security deposit, plus any accrued interest not previously
		  credited to the account, shall be refunded without request if the customer has
		  paid all bills for usage for any 24-month period from the date of deposit and
		  without leaving such bills unpaid within 45 days of receipt.
Such refund shall occur no later than the next billing cycle
		  after satisfactory completion of the 24-month period.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 26.00 - Security Deposits and Late Payment Charges Applicable to Non-residential Customers › Section 26.05 - Customer Information

Current through Register 1525, July 5, 2024
All deposit requirements by a company shall be set forth in
		  writing. Such writing shall contain the amount of the deposit required and the
		  basis for the amount. Where the commencement of service is not conditional upon
		  payment in part or in full of the required deposit, the deposit requirement
		  notification may be made initially by means other than writing, provided,
		  however, that such notification is confirmed in writing containing the required
		  information within ten days after the initial deposit request by a company. The
		  format of the writing shall be approved by the Department prior to use by a
		  company.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 26.00 - Security Deposits and Late Payment Charges Applicable to Non-residential Customers › Section 26.06 - Adjustment Procedures

Current through Register 1525, July 5, 2024
(1) A customer or a
		company may request an adjustment to a new or existing security deposit at any
		time, provided, however, that any such adjustment shall not be requested more
		often than once in any consecutive 12-month period. A customer must demonstrate
		that the history of usage is different from that used by the company to
		calculate the deposit. A company must demonstrate that the customer's usage is
		different from that originally used to calculate the deposit.
(2) Any adjustment made pursuant to 220 CMR
		26.06 shall not cause the holding period to begin anew for purposes of
		refunding any deposit.
(3) The
		Department, after review of the circumstances of each case, may order an
		adjustment to any security deposit if it determines that such security deposit
		is unreasonable, provided that any adjustment sought pursuant to 220 CMR 26.06
		shall be subject to the following procedures:
(a) A customer shall notify a company of the
		request for an adjustment to the security deposit by mail or in person. The
		company shall review the requested adjustment and make a decision on the matter
		within 14 days.
(b) A company may
		seek an adjustment by notifying a customer that said company intends to adjust
		the security. Said notification shall be in writing and shall contain the
		amount of the adjustment and the reasons for the adjustment.
(c) If a customer disputes the company's
		requested adjustment, the customer shall notify the Consumer Division of the
		Department in writing of such dispute and the reasons therefor. A
		representative of the Consumer Division shall notify the Company and thereafter
		shall conduct an investigation. Such investigation shall include an opportunity
		for each side in the dispute to be heard and may include a pre-hearing
		conference. Such a hearing shall not be construed as an "adjudicatory
		proceeding" as defined by M.G.L. c. 30A.
The Consumer Division representative shall rule on the matter
		  and notify the customer and the company of his decision and of the right to
		  appeal the decision to the Department for an adjudicatory proceeding as defined
		  by M.G.L. c. 30A. Such appeal must be filed in writing with the Secretary of
		  the Department within seven days of the decision by the Consumer Division
		  representative.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 26.00 - Security Deposits and Late Payment Charges Applicable to Non-residential Customers › Section 26.07 - Method of Payment

Current through Register 1525, July 5, 2024
A security deposit required by any company pursuant to
		  220 CMR 26.00 shall be
		  payable in cash, certified check, bond, irrevocable letter of credit, or any
		  other guaranteed means of payment. Where such deposit is paid by means other
		  than cash, such means shall be renewed as necessary in order to maintain the
		  security deposit. A company may condition service upon the verification of the
		  enforceability of any non-cash means of payment, provided that such non-cash
		  means is not enforceable on its face or does not appear to be a generally
		  accepted manner of guarantee. A company shall have available to it all forms of
		  enforcement provided for in
		  220 CMR 26.00 if such
		  non-cash security deposit is determined to be unenforceable and is not cured
		  within ten days of a request by a company.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 26.00 - Security Deposits and Late Payment Charges Applicable to Non-residential Customers › Section 26.08 - Termination for Non-payment of Security Deposits

Current through Register 1525, July 5, 2024
A company may terminate service to a customer if such service
		  was furnished conditionally upon payment of the required security deposit. Said
		  termination of service shall be allowed, provided that proper notice was given
		  to the customer in accordance with
		  220 CMR
		  26.05 and a statement is issued to the
		  customer that indicates that service will be terminated neither earlier than
		  ten days nor more than 14 days after receipt of the notice, and provided
		  further that termination of service under
		  220 CMR 26.00 shall be
		  effected only between the hours of 8:00 A.M. and 4:00 P.M., Monday through
		  Thursday, provided that such day is not a holiday as defined in M.G.L. c. 4,
		  § 7, or the day before such a holiday.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 26.00 - Security Deposits and Late Payment Charges Applicable to Non-residential Customers › Section 26.09 - Interest Rate Paid on Deposits

Current through Register 1525, July 5, 2024
(1) All cash or
		cash-equivalent security deposits held for more than six months from the date
		of deposit shall be paid interest thereon, commencing from the date of payment
		to the date of refund. The rate of interest shall be the equivalent of the rate
		paid on two-year, United States Treasury notes for the preceding 12 months
		ending December 31st of any year.
(2) Such rate shall be the rate published
		during the first week of January in the Federal Reserve Statistical Release,
		H.15 Selected Interest Rates. The company shall determine said rate and file
		with the Department the rate to be paid on all security deposits within 15 days
		after such rate is reported in the Federal Reserve Statistical Release. This
		rate shall be the rate paid on all deposits held during the remaining calendar
		year or other applicable time period regardless of when such security deposit
		was paid during that period.
(3)
		Said interest shall be compounded annually on December
		31st and the accrued interest shall be applied
		toward a customer's bill during the next billing cycle, provided, however, that
		only deposits made by cash or cash equivalent shall be paid interest thereon.
		Deposits made by other acceptable means shall not be paid interest.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 26.00 - Security Deposits and Late Payment Charges Applicable to Non-residential Customers › Section 26.10 - Late Payment Charges on Unpaid Balance of Bills in Arrears

Current through Register 1525, July 5, 2024
(1) A company may assess a late payment
		charge on the unpaid past due portion of the balance of a customer
		bill.
(2) For the purpose of
		calculating the late payment charge, a company may consider a portion of a
		balance past due when payment has not been received by the company for that
		portion of the balance within the period specified in the company's Terms and
		Conditions.
(3) The late payment
		charge shall be calculated at an annual rate of interest which is the
		equivalent of the rate paid on two-year United States Treasury notes for the
		preceding 12 months ending December 31st of any
		year, plus 10%,
i.e.
1000 basis points.
(4) Such two-year United States Treasury note
		rate shall be the rate published during the first week of January in the
		Federal Reserve Statistical Release, H.15 Selected Interest Rates. A company
		shall determine said rate and file with the Department the rate to be charged
		on all overdue portions of balances within 15 days after such rate is reported
		in the Federal Reserve Statistical Release. Revisions to the annual late
		payment charge rate shall become effective on February first of each
		year.
(5) Each company shall notify
		its customers of changes in the late payment charge rate in the month a new
		rate becomes effective.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 27.00 - Elimination Of The Practice Of Gas And Electric Companies Of Requiring A Deposit From Residential Customers As A Condition To Furnishing Utility Service

Current through Register 1525, July 5, 2024
220 CMR 27.00 is applicable solely to utility service rendered to
		residential customers by any gas or electric utility company (hereinafter
		referred to as Company) subject to the jurisdiction of the Department of Public
		Utilities of the Commonwealth of Massachusetts. All non-residential accounts,
		including commercial industrial and municipal accounts, are expressly excluded
		from the coverage of 220 CMR 27.00.
No Company may require a deposit to secure payment of utility
		bills in advance of or as a condition to new or continued service. A Company
		may properly condition new or continued service, subject to law and the
		Department's regulations on Billing and Termination Procedures for Residential
		Customers of Gas and Electric Companies, upon payment by the customer of any
		outstanding bill of that Company; provided however, that if a customer has not
		failed previously to pay when due and finally determined to be payable two or
		more consecutive bills of that Company, the Company shall grant or continue
		service as long as the customer shall pay the overdue bill in full or under an
		installment payment plan, not to exceed three months in duration. On or before
		the effective date of 220 CMR 27.00 any Company holding deposits to secure
		payment of utility bills in advance of or as a condition to new or continued
		service shall promptly refund all such deposits, together with interest accrued
		to date of return, in cash or as a credit to its customers' next bills for
		service.
REGULATORY AUTHORITY
220 CMR 27.00: M.G.L.c.158, §16.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 28.00 - Billing Regulations For Condominiums › Section 28.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
		  220 CMR 28.00 is to establish
		  rules to implement the requirements of M.G.L. c. 164, § 94H, and to ensure
		  that the rate charged to condominiumcommon areas and facilities by gas and
		  electric companies is no higher than the residential rate charged for electric
		  and gas service to the individual units of the condominium.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 28.00 - Billing Regulations For Condominiums › Section 28.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
		  220 CMR 28.00, the following
		  terms, unless the context otherwise requires, will be defined as
		  follows:
Commercial purposes
, any purpose which
		  is not solely related to gas or electric use by owners or tenants in their
		  dwelling units.
Common areas and facilities
, as set
		  forth in M.G.L. c. 183A, § 1.
Condominium
, as set forth in M.G.L. c.
		  183A, § 1.
Condominium landlord customer
, one or
		  more individuals or an organization, including a condominium association,
		  listed on a gas or electric company's records as the party responsible for
		  payments for gas or electric service provided to:
(a) one or more condominiumd welling units of which the
		  condominium landlord customer is not the occupant, or
(b) common areas or facilities of such a condominium.
Condominium tenant
, any person or
		  group of persons whose condominium dwelling unit is provided gas or electricity
		  under a rental agreement, but who is not the customer of the utility company
		  which supplies such gas or electricity.
Customer of record
, the individual(s)
		  or association whose name is on the bill and who is, therefore, responsible for
		  payment of the bill.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 28.00 - Billing Regulations For Condominiums › Section 28.03 - Applicability of 220 CMR 28.00

Current through Register 1525, July 5, 2024
220 CMR 28.00 shall apply to
		  all firm gas and electric service provided by gas and electric companies to
		  condominiums, which will be considered domestic users for purposes of M.G.L.c.
		  164, §§ 94D and 119, and
		  220 CMR 27.00. However, where
		  a condominium includes space used exclusively for commercial purposes, all
		  electricity or gas service provided through the meter serving the commercial
		  space will be charged at the appropriate commercial rate, and such condominium
		  will be considered a commercial user for purposes of M.G.L. c. 164,
		  §§ 94D and 119, and
		  220 CMR 27.00.
		  220 CMR 28.00 does not
		  require that any interruptible gas service to condominiums be made
		  firm.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 28.00 - Billing Regulations For Condominiums › Section 28.04 - Determination of Applicable Rate

Current through Register 1525, July 5, 2024
(1) For
		electric and gas service to its common areas and/or facilities, a condominium
		may be charged on a rate that is no higher than the residential rate.
		Therefore, a condominium may elect to be billed for its common areas and/or
		facilities on either the residential rate or any lower commercial rate. A
		condominium may, upon written request to the gas or electric company, have this
		billing status changed from residential to commercial, or from commercial to
		residential. Such condominium cannot request a change in billing status for a
		period of twelve months after its last request. A utility company must supply
		to a condominium, upon request, an analysis of the difference in charges to the
		condominium under each available rate or rate combination. A requested change
		in billing status shall be effective 30 days after receipt of the request by
		the gas or electric company, or one year after the effective date of any
		previous change in billing status, whichever is later.
(2) In the case of outdoor lighting service
		where the gas or electricity consumption is not metered, such outdoor lighting
		service may be charged at a rate which includes a charge for lighting equipment
		provided by the gas or electric company.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 28.00 - Billing Regulations For Condominiums › Section 28.05 - Consumer Protection

Current through Register 1525, July 5, 2024
(1)
Billing and Termination
. The Billing and Termination
		Procedures of the Department of Public Utilities (
		220 CMR
		25.01 and
		25.02
		), shall apply to condominium associations which are customers of record for
		any meters serving condominium common areas and/or facilities. In addition,
		220
		CMR 25.03 and
		25.05
		shall apply to condominium unit owners with regard to individually metered
		electric or gas service to their dwelling units.
(2)
Termination of Service to
		Accounts Affecting Tenants
. Where there are residential tenants
		residing in a condominium building, condominium landlord customers who are
		responsible for payments for gas or electric service to common areas and/or
		facilities of the condominium shall be considered landlord customers for the
		purpose of applying the provisions of
		220 CMR
		25.04, even where there may also be
		owner-occupied units in the condominium.
(3)
Effect of Billing
		Rate
. A condominium's rights and obligations as set forth in 220
		CMR 28.05 shall not be affected by the condominium's choice of rate pursuant to
		220 CMR
		28.04.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 28.00 - Billing Regulations For Condominiums › Section 28.06 - Notification

Current through Register 1525, July 5, 2024
At any time after recording of a master deed for a condominium
		  pursuant to M.G.L. c. 183A, § 2, a representative of said condominium must
		  notify the appropriate gas or electric company in writing of all buildings or
		  units which are part of the condominium. The burden is on the condominium to
		  notify the company within 14 days of the recordation and to provide the company
		  with suitable documentation of the establishment of a condominium. Later
		  notification or delayed documentation will result in the new rate being applied
		  as of the date of actual notification or receipt of appropriate documentation
		  by the company. All electricity or gas provided to the common area and/or
		  facilities of the condominium on or after the date of the recording of the
		  master deed and timely notification and documentation of such to the company
		  shall be charged at the rate elected under
		  220 CMR
		  28.04.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
The purpose of
		  220 CMR 29.00 is to establish
		  rules to implement the requirements of
		  105 CMR
		  410.354 and
		  105 CMR
		  410.254 of the State Sanitary Code and to
		  establish procedures which allow electric and gas companies to bill owners of
		  residential rental property for past utility service improperly billed to
		  tenant customers in instances where an authorized agency has certified that a
		  violation(s) of the State Sanitary Code existed during the occupancy of the
		  tenant customer and such violation(s) pertained to the metering of electricity
		  and/or gas.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.02 - Applicability

Current through Register 1525, July 5, 2024
(1)
								220 CMR 29.00 applies to all
		investor-owned electric and gas companies and to all municipal electric and gas
		departments, corporations and plants subject to the jurisdiction of the
		Department of Public Utilities.
(2)
		If any provision of the terms and conditions of any electric or gas company is
		in conflict with
		220 CMR 29.00,
		220 CMR 29.00 shall be
		controlling.
(3)
								220 CMR 29.00 is not intended
		to supersede or limit any rights or remedies available under the laws of the
		Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.04 - Citation of Sanitary Code Violation(s)

Current through Register 1525, July 5, 2024
(1)
Validity.
A citation issued by a Certifying Agency to
		the property owner shall be presumed accurate and the accuracy of the citation
		shall not be contested before the Department.
(2)
Effective Date of
		Citation.
(a) The effective date
		of the citation shall be the actual date of inspection of the dwelling as
		referenced in the citation.
(b) If
		the actual date of inspection is not referenced in the citation, the effective
		date of the citation shall be the date that appears on the face of the citation
		issued to the property owner.