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A communication transmitted from Louis A. DePasquale, City Manager, relative to the creation of a new municipal Renewable Energy and Greenhouse Gas (“GHG”) Reduction Revolving Fund (“Revolving Fund”) to serve the City of Cambridge’s (“City”) municipal energy aggregation, and adoption of the proposed new ordinance, Chapter 3.24, entitled “Departmental Revolving Funds.”
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Chapter 3.24 – DEPARTMENTAL REVOLVING FUNDS
Section 3.24.010 – Purpose.
This chapter establishes and authorizes revolving funds for use by the City and its departments,
agencies and offices in connection with the operation of programs or activities that generate fees,
charges or other receipts to support all or some of the expenses of those programs or activities.
These revolving funds are established under and governed by General Laws Chapter 44, § 53E½
and this chapter.
Section 3.24.020 – Expenditure Limitations.
A City department or agency head or officer may incur liabilities against and spend monies from
a revolving fund established and authorized by this chapter without appropriation subject to the
following limitations:
A. Fringe benefits of full-time employees whose salaries or wages are paid from an established
and authorized revolving fund shall also be paid from that fund.
B. No liability shall be incurred in excess of the available balance of the fund.
C. The total amount spent during a fiscal year shall not exceed the amount authorized by the
City Council on or before July 1 of that fiscal year, or any increased amount of that
authorization that is later approved during that fiscal year by the City Manager and City
Council.
Section 3.24.030 – Interest.
Interest earned on monies credited to a revolving fund established by this chapter shall be credited
to the City’s general fund.
Section 3.24.040 – Procedures and Reports.
Except as provided in General Laws Chapter 44, § 53E½ and this chapter, the laws, charter
provisions, ordinances, rules, regulations, policies or procedures that govern the receipt and
custody of City monies and the expenditure and payment of City funds shall apply to the use of a
revolving fund established and authorized by this chapter. The City Treasurer shall include a
statement on the collections credited to each such fund, the encumbrances and expenditures
charged to that fund and the balance available for expenditure in the regular report the City
Manager provides the department, agency or officer on appropriations made for its use.
Section 3.24.050 – No Supersession or Replacement.
For avoidance of doubt, revolving funds operated by City departments, agencies or offices
pursuant to a law, regulation or order other than General Laws Chapter 44, § 53E½ shall not be
superseded or replaced by this chapter.
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Section 3.24.060 – Termination of Revolving Fund.
Pursuant to General Laws Chapter 44, § 53E½, upon the termination of a revolving fund, the
balance in that fund at the end of that fiscal year shall revert to surplus revenue at the close of the
fiscal year.
Section 3.24.070 – Authorized Revolving Funds.
A. Municipal Aggregation Operational Adder Fund.
1. Fund Name. There shall be a separate fund called the “Municipal Aggregation
Operational Adder Fund” for use by the Community Development Department.
2. Definitions Applicable to this Subsection.
a. “Aggregation Plan” shall mean the Cambridge Municipal Electricity
Aggregation Plan that was approved by the Massachusetts Department of
Public Utilities on June 2, 2017, and as may be amended by the City and
approved by the Massachusetts Department of Public Utilities from time to
time.
b.“Aggregation Program” shall mean the Cambridge Municipal Electricity
Aggregation Program, which was established on June 2, 2017 by order of
the Massachusetts Department of Public Utilities, and as may be amended
by the City and approved by the Massachusetts Department of Public
Utilities from time to time.
c. “Operational Adder” shall mean a charge that the City may elect to include
in the price paid by Cambridge ratepayers who participate in the
Aggregation Program for electricity to fund the operational costs of the
Aggregation Program and/or to support “Renewable Energy” (as defined,
below) and/or “Greenhouse Gas Mitigation” (as defined, below) projects
that create benefits for Cambridge ratepayers who participate in the
Aggregation Program.
d.“Renewable Energy” shall mean, as defined in General Laws Chapter 164,
§ 1, (i) resources whose common characteristic is that they are
nondepletable or are naturally replenishable but flow-limited; or (ii)
existing or emerging non-fossil fuel energy sources or technologies, which
have significant potential for commercialization in New England and New
York, and shall include the following: solar photovoltaic or solar thermal
electric energy; wind energy; ocean thermal, wave, or tidal energy;
geothermal; fuel cells; landfill gas; waste-to-energy which is a component
of conventional municipal solid waste plant technology in commercial use;
naturally flowing water and hydroelectric; and low emission advanced
biomass power conversion technologies using such fuels such as wood, by-
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products or waste from agricultural crops, food or animals, energy crops,
biogas, liquid biofuel including but not limited to biodiesel, organic refuse-
derived fuel, or algae; provided, however, that Renewable Energy supplies
shall not include coal, oil, natural gas except when used in fuel cells, and
nuclear power.
e. “Greenhouse Gas Mitigation” shall mean any investment or activity that
measurably reduces or avoids greenhouse emissions.
3. Revenues. Subject to certification by the City Auditor that the revenue source
described in this paragraph was not used in computing the prior fiscal year’s tax
levy, the City Treasurer shall establish the Municipal Aggregation Operational
Adder Fund as a separate account of the City and credit to this fund all Operational
Adders that are assessed to electricity ratepayers in Cambridge who participate in
the Aggregation Program and are received by the City Treasurer.
4. Purpose and Expenditures. During each fiscal year, the department head of the
Community Development Department or his/her designee within the Community
Development Department may, as approved by the City Manager, incur liabilities
against and spend monies from the Municipal Aggregation Operational Adder Fund
in accordance with the Aggregation Plan.
Salaries and wages of employees shall be paid from the annual budget appropriation
of the Community Development Department and shall not be paid from this
revolving fund.
5. Fiscal Years. The Municipal Aggregation Operational Adder Fund shall operate
for fiscal years that begin on or after July 1, 2019.