Section 648-380-5 - FUNDING LEVELThe Commission shall assess transmission and distribution utilities to collect funds necessary to pay for the Commission's portfolio of conservation programs and administrative costs associated with implementing the conservation programs.
A.Assessment Amount. The amount of all assessments for conservation programs and administrative costs must result in total conservation expenditures by each transmission and distribution utility that: 1. are based on the relevant characteristics of the transmission and distribution utility's service territory, including the needs of customers;2. do not exceed 0.15 cents per kilowatt hour;3. are no less than 0.5% of the total transmission and distribution revenue of the transmission and distribution utility; and4. are proportionally equivalent to the total conservation expenditures of other transmission and distribution utilities, unless the Commission finds that a different amount is justified; however, any increase in the assessment of a transmission and distribution utility must be based on reasons other than to achieve proportional equivalence.B.Assessment Procedures. The Commission shall periodically assess transmission and distribution utilities based on forecasted sales or revenues, forecasted utility expenditures on conservation programs approved by the Commission, and forecasted prior conservation efforts. The Commission shall periodically adjust the assessment to account for any differences between actual and forecasted sales or revenues, utility expenditures, and prior conservation efforts.C.Conservation Program Fund. The Commission shall establish a conservation program fund to be used solely for conservation programs.1. The Commission shall deposit all assessments collected pursuant to this Chapter, other than funds deposited in the administration fund, into the program fund.2. Any interest earned on funds in the program fund must be credited to the program fund.3. Funds not spent in any fiscal year remain in the program fund to be used for conservation programs.4. The Commission may apply for and receive grants from state, federal and private sources for deposit in the program fund and also may deposit in the program fund any grants or other funds received by or from any entity with which the Commission has an agreement or contract pursuant to this section if the Commission determines that receipt of those funds would be consistent with the purposes of this section. If the Commission receives any funds pursuant to this paragraph, it shall establish a separate account within the program fund to receive the funds and shall keep those funds and any interest earned on those funds segregated from other funds in the program fund.D.Conservation Administration Fund. The Commission shall establish a conservation administration fund to be used solely to defray administrative costs. The Commission annually may deposit funds collected pursuant to this section into the administration fund up to a maximum in any fiscal year of $1,300,000. Any interest on funds in the administration fund must be credited to the administration fund and any funds unspent in any fiscal year must either remain in the administration fund to be used to defray administrative costs or be transferred to the program fund.95- 648 C.M.R. ch. 380, § 5