Billing surcharge; adoption of removal ordinance

Section 22M. In addition to all other rates, charges and fees it may otherwise be authorized to impose and collect any utility shall impose and collect as a capital contribution towards the cost of construction a surcharge of two per cent on its total billing to each customer located in a city or town which has in force and effect an ordinance or by-law adopted in accordance with section 22D. However, a distribution company, as defined in section 1 of chapter 164, shall impose and collect a surcharge of 7 per cent of retail delivery revenues, plus interest at the rate set by the department, for customer security deposits except in a city or town that before the effective date of this section has enacted an ordinance or by-law under section 22D establishing a 2 per cent surcharge or where construction is in progress or already completed, unless the city or town otherwise agrees to the 7 per cent surcharge by adopting an ordinance or by-law under said section 22D. A surcharge under this section shall apply only if the distribution company is not in violation of the ordinance or by-law and if the ordinance or by-law has been in effect for a period of at least 1 year.