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Summary of Question 4

The law changes the state's electric utility industry. Starting in March 1998, instead of buying power from the utility that owns the power lines, customers may choose to buy power from separate generating companies competing with each other to sell power to be delivered by the existing utility. Customers not choosing a new competing generating company will be provided power by their existing utility under a transition rate for 7 years, starting from a rate 10% less than 1997 rates. By September 1999, rates for such customers must be further reduced from 1997 rates (adjusted for inflation) by 5%. Subject to restrictions in the law, rates paid by such customers may be adjusted up or down if approved by the new state Department of Telecommunications and Energy (DTE).

The law lets a utility recover, from customers, previously incurred costs related to generating plants and contracts that have become uneconomical under competition. Utilities must first reduce such "transition costs" in all reasonable ways, which may include selling non-nuclear generating plants. DTE must approve such sales and the utility's way of financing transition costs, and DTE may limit which costs may be charged to customers. Public agencies may arrange the sale of special bonds to help a utility finance transition costs to provide savings to customers.

Utilities claiming they cannot offer the required rate reductions must work with DTE to find all possible ways to do so. State tax revenues related to sales of power plants may be used, if found necessary by DTE and subject to legislative appropriation, to ensure that utilities provide the 15% rate reduction. Utilities must maintain discounts for low-income customers.

DTE must issue consumer protection and related regulations related to energy sales, and the law lets the state Attorney General enforce consumer protection laws and regulations against energy companies. To maintain reliability, DTE must set performance-based rates and service quality standards for electric and gas utilities. Utilities failing to meet the standards may be fined up to 2% of their annual revenues.

Such utilities will not be allowed to cut staff levels unless either the relevant unions agree or DTE finds that the cuts will not lead to sub-standard service. Utility employees who are laid off due to the law will, if eligible for unemployment benefits, also be eligible for reemployment assistance benefits.

If a generating plant loses value due to the law, the responsible company must pay the affected city or town until 2009 to offset lost property tax revenue. Cities and towns may set up power purchasing cooperatives for local customers. Businesses and other organizations may also set up cooperatives. A municipal lighting plant that chooses to sell power outside its own service area must compete with other generating companies within its service area.

The law requires electric utilities to continue energy efficiency and demand management programs until 2003 and directs DTE to ensure that such programs are cost effective. The law imposes a charge on electricity consumers to promote renewable energy projects and to help cities and towns pay to add pollution control equipment to existing trash-to-energy plants. By 2003, power suppliers must provide an annually increasing percentage of power from new renewable sources, and fossil-fuel power plants must start to meet efficiency standards limiting pollution. The law ends the requirement that the state find a need for a proposed power plant but preserves environmental reviews.

The law changes the state Department of Public Utilities to the new DTE, controlled by a 5-member commission with expertise on specified issues. The law gives the state Division of Energy Resources new duties related to energy restructuring, such as educating consumers and helping cities and towns.

1998 - Berkshire County - Question 4Do you approve of a law summarized below, which was approved by the House of Representatives on November 19, 1997 by a vote of 124 to 30, approved by the Senate on November 19, 1997 by a vote of 32 to 6?

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Berkshire County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
27,159
8,376
6,024 41,559
Adams
 
2,101
389
304
2,794
Alford
 
123
54
16
193
Becket
 
322
105
75
502
Cheshire
 
899
192
89
1,180
Clarksburg
 
448
91
31
570
Dalton
 
1,569
364
203
2,136
Egremont
 
379
106
29
514
Florida
 
170
48
24
242
Great Barrington
 
1,734
374
186
2,294
Hancock
 
149
66
16
231
Hinsdale
 
359
100
38
497
Lanesborough
 
518
175
184
877
Lee
 
1,195
293
374
1,862
Lenox
 
1,354
311
357
2,022
Monterey
 
237
91
16
344
Mount Washington
 
44
15
2
61
New Ashford
 
59
21
4
84
New Marlborough
 
287
99
27
413
N. Adams
 
3,134
526
420
4,080
Otis
 
247
92
75
414
Peru
 
147
49
20
216
Pittsfield
 
8,294
1,998
2,719
13,011
Richmond
 
503
126
48
677
Sandisfield
 
141
37
20
198
Savoy
 
126
46
16
188
Sheffield
 
729
186
81
996
Stockbridge
 
702
160
97
959
Tyringham
 
103
40
13
156
Washington
 
180
40
11
231
W. Stockbridge
 
430
98
47
575
Williamstown
 
267
2,006
450
2,723
Windsor
 
209
78
32
319
County Totals
27,159
8,376
6,024 41,559