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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 - Essex 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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Essex County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
151,007
58,764
16,334 226,105
Amesbury
 
2,767
949
762
4,478
Andover
 
8,249
3,176
544
11,969
Beverly
 
9,288
3,325
929
13,542
Boxford
 
2,063
953
189
3,205
Danvers
 
5,975
2,786
521
9,282
Essex
 
995
355
84
1,434
Georgetown
 
1,691
669
169
2,529
Gloucester
 
6,728
2,391
811
9,930
Groveland
 
1,423
614
118
2,155
Hamilton
 
2,127
757
173
3,057
Haverhill
 
10,477
3,728
1,018
15,223
Ipswich
 
3,351
1,597
363
5,311
Lawrence
 
7,595
1,801
1,010
10,406
Lynn
 
14,087
4,851
1,552
20,490
Lynnfield
 
3,195
1,554
341
5,090
Manchester-by-the-Sea
 
1,695
563
118
2,376
Marblehead
 
5,369
3,100
671
9,140
Merrimac
 
1,400
479
96
1,975
Methuen
 
8,739
2,560
750
12,049
Middleton
 
1,517
670
185
2,372
Nahant
 
1,167
502
94
1,763
Newbury
 
1,811
872
135
2,818
Newburyport
 
4,503
2,088
523
7,114
N. Andover
 
6,444
2,264
581
9,289
Peabody
 
11,150
5,210
1,615
17,975
Rockport
 
2,248
782
201
3,231
Rowley
 
1,154
599
101
1,854
Salem
 
8,411
3,154
1,174
12,739
Salisbury
 
1,630
517
176
2,323
Saugus
 
5,993
2,557
605
9,155
Swampscott
 
3,706
1,675
427
5,808
Topsfield
 
1,812
749
119
2,680
Wenham
 
1,095
399
85
1,579
W. Newbury
 
1,152
518
94
1,764
County Totals
151,007
58,764
16,334 226,105